There are three criteria that a restaurant must provide its workers in order to qualify for the Tav HaYosher. All criteria are derived strictly from US, State, and local law. The right to fair pay. The right to fair time. The right to a safe work environment.
The Right to Fair Pay
All employees must be paid at least the minimum wage as defined by state law. Minimum wage law applies to both documented and undocumented workers. Click here for more information for each state.
The Right to Fair Time
Wageworkers must, by law, be paid time and a half for any hours over 40 they work in a week. By law, a restaurant must provide one day off a week. Restaurant workers must also be provided with a break of 20, 30 or 45 minutes, determined by the hours worked.
The Right to a Safe Work Environment
It is illegal for a restaurant to discriminate based on race, color, religion, language, sex, pregnancy, age, disability, sexual orientation, alienage or citizenship status.
Employees have the right to a safe, clean, orderly, and sanitary workplace. There are many OSHA regulations governing restaurant safety. Some key ones include maintaining clean and dry floors, providing appropriate personal protective equipment for dangerous jobs, ensuring machines are properly guarded, and developing and implementing emergency action plans.
Employees have the right to organize themselves to protect their rights and interests and to engage in concerted activity, including striking. They also have the right to resist organizing efforts. It is illegal for restaurant management to threaten employees with loss of job or benefits if they attempt to organize, to interrogate employees about organizing activities, or to ask or threaten to ask federal immigration authorities to conduct an immigration raid on employees attempting to advocate for their rights.
Click here for a brief outline of the different Federal and New York State laws that afford employees the right to fair pay, the right to fair time, and the right to a safe work environment. As you will see the Tav HaYosher does not exceed the legal requirements under FLSA. As long as a restaurant follows these basic US laws, it is eligible for the Tav HaYosher and all of the benefits that it provides.