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  1. #16
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    Quote Originally Posted by not2cleverRed View Post
    Exactly. Ditto.
    I believe West Virginia defaults to federal rules and standards. Federal rules and standards do not require a machine or water temps beyond those a person could withstand IF other chemical procedures are used. It wouldn’t hurt to contact the health department to ensure proper procedures are being followed but the lack of a machine does not appear to be an issue in itself.

    It also does not affect the op’s pay issue (other than it means they spend more time washing dishes than they would otherwise.

    I’m kind of curious as to who ran the machine before

    And why are the servers washing pots and pans? Who washed those before?


    Last edited by justalayman; 01-14-2018 at 02:39 PM.
  2. #17
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    Quote Originally Posted by justalayman View Post
    You didnít include your state but you are most likely required to be paid at least minimum wage while working the washing job.

    Unless a dish washing machine is required by the health codes the health department isnít going to do a thing.

    The department of labor, on the other hand, would be interested in the pay issue. You can always try to make an anonymous complaint.
    Having owned a restaurant I have the following comments to make:

    If you have a dishwasher you are required to have certain equipment under the health code.

    If you do not have a dishwasher you are required to have completely different equipment under the health code.

    The two are not even remotely similar. Therefore its nearly guaranteed that the restaurant owner is violating the health code. No restaurant kitchen has room for both sets of equipment.


  3. #18
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    I've worked in a lot of kitchens with a 3 compartment sink and a dishwasher.


  4. #19
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    Quote Originally Posted by LdiJ View Post
    Having owned a restaurant I have the following comments to make:

    If you have a dishwasher you are required to have certain equipment under the health code.

    If you do not have a dishwasher you are required to have completely different equipment under the health code.

    The two are not even remotely similar. Therefore its nearly guaranteed that the restaurant owner is violating the health code. No restaurant kitchen has room for both sets of equipment.
    Perhaps you could post the relevant state statutes for our OP.



    And seriously, you have been in every restaurant kitchen in this country? Because you're flat out wrong with your last sentence.


  5. #20
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    Quote Originally Posted by LdiJ View Post
    Having owned a restaurant I have the following comments to make:

    If you have a dishwasher you are required to have certain equipment under the health code.

    If you do not have a dishwasher you are required to have completely different equipment under the health code.

    The two are not even remotely similar. Therefore its nearly guaranteed that the restaurant owner is violating the health code. No restaurant kitchen has room for both sets of equipment.
    Well, to this I can positively state;

    Bull****.

    I just came from a job that has both. A big ass dishwasher but they also have the required three compartment sink, temp regulated water, and appropriate chems to do washing without the dishwasher. Do you realize that there are commercisl dishwashers that are the same size as a typical residential unit? It’s also quite common for commercial kitchens to use three compartment sinks (limited to washing of dishware) , regardless of whether they use a dishwashing machine.

    Maybe I should ask; do you really know what is required if there is no dishwasher? It’s apparently a lot less than you think. I’ve never owned a restaurant but have worked in building several as well as having friends who owned restaurants. My own mother worked in a commercial kitchen for many years. I’ve watched as the health department certified kitchens (including the dishwashing facilities) (did you know rough timbers (like in the timbers of a post and beam construct building) are a real problem getting to a condition acceptable to the Indiana department of Health?) in a food prep area?

    In addition to that, I can read. Here is Indiana’s health code rules

    http://www.in.gov/isdh/files/410_iac_7-24.pdf


    Last edited by m martin; 01-15-2018 at 07:36 PM.
  6. #21
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    Ok, this thread made me laugh more than any other thread in the last six months. Keep on going for it.

    However, I bet if the original poster calls the health department and tells them that the dishwasher had been out for the last month its going to turn out that I am right.

    I really don't care though.


  7. #22
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    But JAL, don't you know that the way it worked for LdiJ is universally true? If HER experience says it's one way, then naturally it's that way for everyone else? How could you possibly suggest that if you have a different experience, that's as valid as hers?


    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  8. #23
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    Quote Originally Posted by LdiJ View Post
    Ok, this thread made me laugh more than any other thread in the last six months. Keep on going for it.

    However, I bet if the original poster calls the health department and tells them that the dishwasher had been out for the last month its going to turn out that I am right.

    I really don't care though.
    If you don't care enough to provide accurate information, LdiJ, I suggest you stop posting until you care. Correcting all of your misinformation is getting tiresome - and it does a real disservice to the people coming here with questions about the law.


  9. #24
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    OP...without subtracting what you voluntarily pay to dishwasher, rounded off to nearest 5 cents per hour , what is your overall pay per hour including tips ?

    WV has a bit higher than Federal minimum wage...and let's start there with what you actually get....

    Thanks .


  10. #25
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    Quote Originally Posted by justalayman View Post
    Well, to this I can positively state;

    Bull****.

    I just came from a job that has both. A big ass dishwasher but they also have the required three compartment sink, temp regulated water, and appropriate chems to do washing without the dishwasher. Do you realize that there are commercisl dishwashers that are the same size as a typical residential unit? Itís also quite common for commercial kitchens to use three compartment sinks (limited to washing of dishware) , regardless of whether they use a dishwashing machine.

    Maybe I should ask; do you really know what is required if there is no dishwasher? Itís apparently a lot less than you think. Iíve never owned a restaurant but have worked in building several as well as having friends who owned restaurants. My own mother worked in a commercial kitchen for many years. Iíve watched as the health department certified kitchens (including the dishwashing facilities) (did you know rough timbers (like in the timbers of a post and beam construct building) are a real problem getting to a condition acceptable to the Indiana department of Health?) in a food prep area?

    In addition to that, I can read. Here is Indianaís health code rules

    http://www.in.gov/isdh/files/410_iac_7-24.pdf
    However, despite the fact that you are all making me laugh, this is a restaurant that has the servers washing dishes. A large enough commercial kitchen to have both sets of dishwashing equipment is going to have enough dishes to justify hiring a dishwasher and wouldn't want the servers underfoot in the kitchen.


  11. #26
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    Quote Originally Posted by LdiJ View Post
    However, despite the fact that you are all making me laugh, this is a restaurant that has the servers washing dishes. A large enough commercial kitchen to have both sets of dishwashing equipment is going to have enough dishes to justify hiring a dishwasher and wouldn't want the servers underfoot in the kitchen.
    You know this how?


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