OT: Legal Question, Restaurant Industry

[R1766U]

There are a lot people who might be able to help my friend with this predicament:

My friend has been working in the same restaurant for seven years. Recently, the owners told them that they need to register with the ABC and obtain a identification card to serve alcohol in the town. They have never had to do this at this establishment in their seven years of employment there.

The employee was told that all servers and bartenders are responsible for getting fingerprinted ($66), and then applying with the town for an ABC ID card ($20 annually).

The question is, can the employer legally force the employee to pay the $86 required to obtain this ABC ID card or is it the responsibility of the employer? This is NOT a new town ordinance, the employer has just never enforced it on their end.

Here is the wording from the town:
All persons who shall sell, solicit the sale of, mix, process or prepare any alcoholic beverage at or from any bar or establishment selling alcoholic beverage from original package or container under a plenary retail consumption license or a plenary retail distribution license shall register with the Police Department within seven business days of hire.

b.
Said registration with the Police Department shall be accomplished by completing or furnishing the following:
1.
An application for identification card, which application shall contain such information as the usual specifics of personal identification, date and place of birth, address, other employment and such other information as deemed necessary and proper by the Police Chief to ID and assist in proper enforcement of the law.

2.
A set of fingerprints and a photograph to be taken by or under supervision of the Police Department.

3.
Payment of a registration fee of $30, or whatever the current state fee for fingerprint checks.



§ 6-7.3Identification cards required; term; fees.
[Ord. No. 13-00; Ord. No. 3-08]
a.
Possession of identification card. Except during the processing period of a timely registration application, all persons required to register under Section 6-7 of this chapter shall be required to have in their possession, at all times when in or about the licensed premises, an identification card on a form furnished by the Police Department, which shall contain such information as name, address, specifics of personal identification and such other information as deemed necessary and proper by the Police Chief to aid and assist in proper enforcement of the law. An owner or licensee shall be required to register and obtain an identification card, although such person may not be personally engaged in the sale, mixing, processing or preparation of alcoholic beverages.

b.
Term of identification card and fees.
1.
Identification cards shall be valid for one year from the date of issue thereof.

2.
The annual fee for an identification card shall be $20

 

[Scarlet4Shore]

I don’t know about the restaurant industry, but I had to pay out of pocket for fingerprints for physical therapy when that became mandatory. My employer did not reimburse me.

 

[hoquat63]

I paid to be fingerprinted for volunteer coach. Town was supposed to reimburse me but didnt

 

[Knight Shift]

Unless there is a State law specific to the bar and restaurant industry, I doubt any employer would be forced to pay an employee's expenses. There are a lot of jobs that require licensing and/or certification (e.g., attorneys and accountants), and it is the employer's choice whether to pay the employee costs or not.

 

[tom1944]

My daughter had to pay the cost of fingerprinting when she got her teaching job.

 

[rutgersal]

Not a question of an employer forcing an employee to do things. It’s reasonable that an employer requires that in order to continue working here, an employee must get fingerprinted and have an ABC ID card.
To comply with local rules and regulations.

The employee has a choice of absorbing the cost or quitting.

 

[gef21]

School districts require finger printing and rarely pay people back for it.

As a coach I have to pay coaching dues to organizations (or kids can not be eligible for certain post season awards). I have to cover those costs myself.

It is completely legal for the employer to ask employee to pay.

My new employer did cover my costs, my previous one did not.

 

[RUnTeX]

The fact that this is unanimous in response is not surprising. I wouldn't even consider this a "predicament"...unless the person in question can't come up with the $86, which they'll have to figure out a way to do. That's life.

 

[S.W.A.I.N]

There are a lot people who might be able to help my friend with this predicament:

My friend has been working in the same restaurant for seven years. Recently, the owners told them that they need to register with the ABC and obtain a identification card to serve alcohol in the town. They have never had to do this at this establishment in their seven years of employment there.

The employee was told that all servers and bartenders are responsible for getting fingerprinted ($66), and then applying with the town for an ABC ID card ($20 annually).

The question is, can the employer legally force the employee to pay the $86 required to obtain this ABC ID card or is it the responsibility of the employer? This is NOT a new town ordinance, the employer has just never enforced it on their end.

Here is the wording from the town:
All persons who shall sell, solicit the sale of, mix, process or prepare any alcoholic beverage at or from any bar or establishment selling alcoholic beverage from original package or container under a plenary retail consumption license or a plenary retail distribution license shall register with the Police Department within seven business days of hire.

b.
Said registration with the Police Department shall be accomplished by completing or furnishing the following:
1.
An application for identification card, which application shall contain such information as the usual specifics of personal identification, date and place of birth, address, other employment and such other information as deemed necessary and proper by the Police Chief to ID and assist in proper enforcement of the law.

2.
A set of fingerprints and a photograph to be taken by or under supervision of the Police Department.

3.
Payment of a registration fee of $30, or whatever the current state fee for fingerprint checks.



§ 6-7.3Identification cards required; term; fees.
[Ord. No. 13-00; Ord. No. 3-08]
a.
Possession of identification card. Except during the processing period of a timely registration application, all persons required to register under Section 6-7 of this chapter shall be required to have in their possession, at all times when in or about the licensed premises, an identification card on a form furnished by the Police Department, which shall contain such information as name, address, specifics of personal identification and such other information as deemed necessary and proper by the Police Chief to aid and assist in proper enforcement of the law. An owner or licensee shall be required to register and obtain an identification card, although such person may not be personally engaged in the sale, mixing, processing or preparation of alcoholic beverages.

b.
Term of identification card and fees.
1.
Identification cards shall be valid for one year from the date of issue thereof.

2.
The annual fee for an identification card shall be $20

Individuals can get certified and use at any establishment, as required, so it is the individual’s responsibility. However, I and several others choose to register and pay for our employees to ensure compliance and staffing. So it’s short sighted to force employees to pay - but it’s a legal requirement and if it’s not completed, owners under no obligation to violate the law by allowing workers to perform these tasks uncertified.

 

[rutgersdave]

My daughter had to pay the cost of fingerprinting when she got her teaching job.

Is that something new? I guess to check criminal record.

 

[R1766U]

I totally get the responses that it is the employees responsibility to pay. As stated, many other professions require such things.

I guess my bigger question is, why does this TOWN require all servers and bartenders to possess an ABC card? No class or course is required. You do not have to take any test. Isnt the ABC a state organization?

I have never heard of a town mandating such a thing.

I have worked in various restaurants in NJ as both a bartender and server for almost 25 years and always just had to sign an ABC logbook with my address and other info.

Im gonna look into the further, just figured some others may have insight.

 

[RUskoolie]

For $86 I would just write the check and move on. You are going to spend that amount of time value just investigating and figuring it out.

 

[RUScrew85]

There are a lot people who might be able to help my friend with this predicament:

My friend has been working in the same restaurant for seven years. Recently, the owners told them that they need to register with the ABC and obtain a identification card to serve alcohol in the town. They have never had to do this at this establishment in their seven years of employment there.

The employee was told that all servers and bartenders are responsible for getting fingerprinted ($66), and then applying with the town for an ABC ID card ($20 annually).

The question is, can the employer legally force the employee to pay the $86 required to obtain this ABC ID card or is it the responsibility of the employer? This is NOT a new town ordinance, the employer has just never enforced it on their end.

Here is the wording from the town:
All persons who shall sell, solicit the sale of, mix, process or prepare any alcoholic beverage at or from any bar or establishment selling alcoholic beverage from original package or container under a plenary retail consumption license or a plenary retail distribution license shall register with the Police Department within seven business days of hire.

b.
Said registration with the Police Department shall be accomplished by completing or furnishing the following:
1.
An application for identification card, which application shall contain such information as the usual specifics of personal identification, date and place of birth, address, other employment and such other information as deemed necessary and proper by the Police Chief to ID and assist in proper enforcement of the law.

2.
A set of fingerprints and a photograph to be taken by or under supervision of the Police Department.

3.
Payment of a registration fee of $30, or whatever the current state fee for fingerprint checks.



§ 6-7.3Identification cards required; term; fees.
[Ord. No. 13-00; Ord. No. 3-08]
a.
Possession of identification card. Except during the processing period of a timely registration application, all persons required to register under Section 6-7 of this chapter shall be required to have in their possession, at all times when in or about the licensed premises, an identification card on a form furnished by the Police Department, which shall contain such information as name, address, specifics of personal identification and such other information as deemed necessary and proper by the Police Chief to aid and assist in proper enforcement of the law. An owner or licensee shall be required to register and obtain an identification card, although such person may not be personally engaged in the sale, mixing, processing or preparation of alcoholic beverages.

b.
Term of identification card and fees.
1.
Identification cards shall be valid for one year from the date of issue thereof.

2.
The annual fee for an identification card shall be $20

If the owner won't pay tell him to grab a couple of bottles until he feels properly compensated. Or drop them or drop meals or just think of it as a fee to remain employed. Any chance your friend voted for this type of government involvement?

 

[Chaiya1]

Is that something new? I guess to check criminal record.

It’s not something new. It’s been in effect for quite some time. It’s to check criminal records.

 

[BigRnj]

Is that something new? I guess to check criminal record.

To coach in Little League backgroun/criminal checks were required (but without fingerprints).

Quick story one of my buddies has a common Irish name and it pinged on the background check, he couldn’t coach until Williamsport cleared him … he missed the first few games of the season since someone in a podunk town in the Midwest was a bad dude. My friend (very respectable guy and a banking big wig was pissed and embarrassed). I guess fingerprints would have prevented this.

 

[BABYBULL24]

Many employers in this state asked/demanded their employees to take a shot without "Informed Consent" or they lose their job.... against the Geneva Convention. With pressure from the Governor....

You think they care about fingerprints....lol

 

[PSU_Nut]

Many employers in this state asked/demanded their employees to take a shot without "Informed Consent" or they lose their job.... against the Geneva Convention. With pressure from the Governor....

You think they care about fingerprints....lol

Lol I thought the tin foil hat brigade said it was Nuremberg principles. I can’t believe that people are still dumb enough to believe this crap.

 

[MrsScrew]

Is that something new? I guess to check criminal record.

They implemented fingerprinting for nurses awhile ago, about the same time as teachers. I had to pay for it myself

 

[Bagarocks]

If he don't wanna pay don't work there. If ya want to work there the pay for the credentials you need to be qualified for the job. Pretty simple if ya ask me.
plus it sounds like the town is the Authority, the employer is just complying.

 

[R1766U]

If he don't wanna pay don't work there. If ya want to work there the pay for the credentials you need to be qualified for the job. Pretty simple if ya ask me.
plus it sounds like the town is the Authority, the employer is just complying.

Totally get that perspective, but the bigger question that is unanswered is:

Why is a town requiring fingerprinting to work as a server or bartender?
I was wondering if anyone in NJ has ever heard of that requirement before? As someone who has worked in restaurants for over 25 years in NJ, I have never heard or such a thing.

I am the type of person who likes to ask questions and look deeper into things rather than just accept things and move on. Sometimes it is more of a curse rather than a blessing.

 

[knightfan7]

Wen I was in HS I worked at a mom and pop liquor/grocery store doing home deliveries.

I had to go to the state offices Newark and get a permit and ID because I was underage. Don't remember if I was fingerprinted.

When I bartended all we had to do was complete a course once every 2? years.

 

[Bagarocks]

I don't know if its another way of controlling the masses or if the Town is looking at $$$.
Either way it sure is a weird requirement for Bartending. Sure would like to hear from the Town on the discussion and planning of why this is needed.

 

[Scarlet Jerry]

It’s not something new. It’s been in effect for quite some time. It’s to check criminal records.

Yes, teachers, classroom aides, etc. have to be fingerprinted, often at their own expense. This is part of their background check to be hired by a school district. That’s been in place for a while.

 

[oldtimer67]

California put this into effect last year. No fees but required you to pass a course. The online course cost about $12 per person. I paid it for my employees.

 

[R1766U]

California put this into effect last year. No fees but required you to pass a course. The online course cost about $12 per person. I paid it for my employees.

Yea it would make sense if the employees had to take a alcohol saftey course, but nope, just get fingerprinted and pay for an ID card. Seems like it is just some type of money grab.

 

[yesrutgers01]

I know we can not speak for any one elses money- but we are talking less than $100 to keep their job for something that is state mandated and not their employers choice.
On the other hand...
If I am the employer- I tell them all that if they pass- I will reimburse - If they fail- buy bye

 

[RU848789]

Not that it would've been a big deal, but my company paid for my fingerprinting/license costs when I was put in charge of Merck's process safety testing laboratory, since the group utlized explosives to blow things up in a controlled fashion to evaluate failure scenarios/impacts (was pretty cool work - wish I actually got to do more of it, lol). The ATF is pretty serious about making sure folks who possess and use explosives are trustworthy.

 

[RUinBoston]

Not that it would've been a big deal, but my company paid for my fingerprinting/license costs when I was put in charge of Merck's process safety testing laboratory, since the group utlized explosives to blow things up in a controlled fashion to evaluate failure scenarios/impacts (was pretty cool work - wish I actually got to do more of it, lol). The ATF is pretty serious about making sure folks who possess and use explosives are trustworthy.

Can you get me some C-4? I have a gopher I need to take care of.

 

[Proud NJ Sports Fan]

Many employers in this state asked/demanded their employees to take a shot without "Informed Consent" or they lose their job.... against the Geneva Convention. With pressure from the Governor....

You think they care about fingerprints....lol