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Is it legal to refuse servers tray stands?

I have been a waitress for X company for over a decade, and since we're one of those diner/Denny's type of establishment, we have never before done tray service. Our owners recently decided they wished to make us look more like a fine dining establishment and therefore are now requiring and forcing us to use large trays to take food out to guests.

The problems are that

A) we don't have stands to place these trays on and they refuse to bring them in for us

B) the majority of the staff have never been trained in using these large trays

C) said trays get very heavy, are an awkward size, and can't even hold the plates correctly because the dishes are oval shaped and large

D) when explaining that our writs/backs are hurting as a result of this usage we are told to "use them or we'll be fired"

Is what they're doing legal? Our company is based out of, and mainly in California, with a few locations in local states, but we're not national.

So is there any law in California requiring stands or protecting servers? I also feel like being told to do this or lose my job is very stressful. We even have a regional manager who stalks the restaurant by parking outside and watching through the large windows we have to make sure we do things as they wish.

Is there anything we can do? I'm afraid to e-mail or call human resources for fear of retaliation. As it is, I have lost hours for refusing to work days they wished me to. I feel as if I do contact HR they will pay me back in some way.

I am not the only employee who feels threatened, stressed, and overall fed up. There are many who are hurting from these new policies and rules but don't know what to do or if we have any legal rights or protection. After asking around, I have found that most of the employees are fed up and barely keeping it together. One girl almost walked out a few days ago because of the stress and the pressure. She is a very capable server, very level-headed in general, and not the type to cause drama or create scenes. If she was that upset she would have had good reason. Any help or tips would be greatly appreciated.

2 Answers

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  • michr
    Lv 7
    8 years ago
    Favorite Answer

    Is it legal to refuse servers tray stands? yes, and it is LEGAL to be fired for refusing to work without them as well.

    there are NO laws that cover the issues you asked about in particular.

    owners/management make decisions on procedures for how a business operates, if you are unhappy you are free to leave....

    you seem to find it odd that when you refuse to work when asked that you would get less hours, did you think that you would be rewarded for that choice?

    you seem to find it odd that the RM checks the operation of "his" restaurants and that you must do as they wish while he/she is there, (you should be doing as they wish regardless of who is watching you!

    how are many of you "hurting from these new policies and rules"?

    is it that hard to do as asked?

    how do policies hurt anyone?

    the fact that you don't like being told what is expected of you and having someone follow up to ensure you are following procedures is not stress caused by your employer, this is stress caused by you focusing on what you don't want to do instead of doing your job as required ....

    of course you may contact the corporate HR department if you have a concern, you always should speak with management first, and work your way up. when you do explain your issues and see if they want any changes made...

    if they don't you can accept that, and do your job as instructed (following the new procedures) or quit.

    there is no reason to get bent out of shape because procedures are changing, management has a reason, this may or may not work out and they will then try something different so get use to it change happens all the time...

    change can be good...... but change just for the sake of change seldom is good.

    NOW quit whining and TALK to management in a mature, polite, professional manner, then if you feel the need work your way up the chain of command. then decide if you want to work here or not it is up to you.

  • ?
    Lv 7
    8 years ago

    No law requires tray stands, no.

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