Is it a conflict of interest for a restaurant manager to work as a server and bartender?

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Is it a conflict of interest for a restaurant manager to work as a server and bartender?

The manager where I work is in charge of hiring, scheduling, payroll, marketing, orders, etc. and also works as a bar tender and server. This person has monopolized request offs and

choice shifts, and slacks on side work, however nobody can say anything because he/she makes all of these decisions. Obviously, this isn’t fair to the other employees but is this even permissible? Is there anything I can do to prevent this sort of preferential treatment, or is that just the way it is when one of my co-workers/peers is also my superior?

Asked on July 10, 2016 under Employment Labor Law, New York

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Not a conflict of interest--legally at least; perhaps it is ethically or morally, but that has no legal effect--and perfectly legal. A manager or supervisor may put him/herself first and give him/herself the best shifts, prioritize time off, slack on side work, work as a server or bartender as well as manager, etc. Certainly, his or her own managers (e.g. the owners of the restaurant) could disapprove of this and take action (e.g. tell him/her not to do this, or even demote or fire him/her), but the law does not restrict this in any way.


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