Question regarding employment between the three tier system

Discussion in 'Beer Talk' started by jmccrac2, Jul 15, 2015.

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  1. jmccrac2

    jmccrac2 Initiate (0) Apr 6, 2015 Virginia

    First time poster, so I apologize if I'm in the wrong place. After months of volunteering at a local brewery, I have been offered a job. I am very excited for this opportunity. The only thing is that I am taking a pretty big pay cut so it looks like I'm going to need to get another part time job in order to make ends meet. I am coming from restaurant management so my first thought was serving a few nights a week, but I have heard that I cannot work in between the three tier system (working in a brewery at the same time as a retailer). I have googled and googled different things to no avail. Can anyone help me on this? Or at least know where I can find more info? Cheers and TIA!
     
  2. BBThunderbolt

    BBThunderbolt Grand High Pooh-Bah (7,846) Sep 24, 2007 Kiribati
    Pooh-Bah Trader

    A lot is going to depend on your state/local laws. And, what are you doing at the brewery? I think, and at least in WA, the brewers are in a different classification by our department of Labor and Industries, than front of the house staff would. I'd think you should be able work in brewery by day, and serve tables other times. A local brewery in my town has a few sales delivery guys (who, in WA, have to have distributors licenses), and a couple of them work either in the kitchen, or bartend to pick up hours.

    I think a person can only own in 2 of the 3 tiers, but I could be wrong. Ask the owner of the brewery, and if he's not sure, have him check with a local labor law specialist. Again, so much is going to depend on local laws, you're probably best served by just checking with a lawyer right front. Congratulations, and good luck.
     
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  3. SammyJaxxxx

    SammyJaxxxx Initiate (0) Feb 23, 2012 New Jersey

    I'm not aware of any law that would prevent your dual employment. Do either of your employers bar you from employment on another tier?
    I suggest you pay for a consolation with a lawyer in your state to make certain.
     
    BBThunderbolt likes this.
  4. Phocion

    Phocion Maven (1,455) Aug 5, 2005 Minnesota

    As someone who has previously worked for a brewery and simultaneously at a bar or liquor store, I do know of a few places that have it as a house policy that you can't also be employed by a vendor (i.e. brewery), but I am completely unaware of any such laws. This may be a weird Virginia thing, but it sounds like it's most likely just hearsay.
     
  5. SomethingClever

    SomethingClever Grand Pooh-Bah (4,871) Feb 22, 2013 Ohio
    Pooh-Bah

    Its easier to beg forgiveness than ask permission.
     
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  6. jesskidden

    jesskidden Grand Pooh-Bah (3,145) Aug 10, 2005 New Jersey
    Society Pooh-Bah Trader

    I've heard of a similar prohibition in NJ (specifically, forbidding employment with both a retailer and a wholesaler at the same time) but don't find anything in the NJ ABC Handbook about brewery employees working in the other tiers.
    For the retailer/wholesaler situation:
    and
    As beertunes noted - you'd be better off discussing this at the official state level, such as with Virginia's ABC
     
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  7. lillitnn92

    lillitnn92 Initiate (0) Aug 22, 2009 Virginia

    Virginia does have some weird things going on like that I believe. I unfortunately don't know the specifics. I've heard tid bits here and there though. I was considering a job with a distributor, but I decided not to because they aren't the ones who distribute my favorite home town brewery who are also my friends and where I park my ass on many nights. :slight_smile: I've heard they don't like that. There was a guy in a band playing at our breweries who worked for Coors, he was asked by his superiors not to play in the competitions taprooms anymore. Silly kid shit going on sometimes.
     
  8. nmyers462000

    nmyers462000 Initiate (0) Oct 1, 2013 Florida

    The way it was explained to me from a distributor's perspective was this... If one of their employees was to moonlight at account (either brewery or on/off premise) they had no issue with it, so long as you were not in a decision making (i.e. management) capacity.

    My point is, there may be laws, but there may also be organizational standards with one or more of your potential employers.
     
  9. gopens44

    gopens44 Grand Pooh-Bah (3,560) Aug 9, 2010 Virginia
    Pooh-Bah Trader


    Double check on the VA ABC website but I believe you can't work in neighboring tiers, like work at a distro AND bartend, or work for a brewery AND a distro. But please, check the website.
     
  10. augiecarton

    augiecarton Initiate (0) Oct 22, 2010 New Jersey

    it is against the rules in NJ.
    edit-just saw @jesskidden already said this better
    2nd edit- write your state senators, often, its is so stupid to limit the jobs any american can have these days
     
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  11. runlikealope

    runlikealope Initiate (0) Dec 17, 2012 Pennsylvania

    It most likely varies state by state. I used to work for a brewery and a retailer in PA. That was a no no (conflict of interest) but it seems like something that is almost never enforced. I would think that as long as you didn't talk about one job while on the clock at another you should be fine. Also, you may want to make an agreement with the bar/retailer you are working at to not carry products from your brewery just to be on the safe side and prevent any possible COI problems. It might be an easy sale but you also want to CYA. In PA, myself, not the brewery or retailer would be in trouble. 1st offense $500 fine, 2nd offense minimum 30 days in jail and a $2000 fine. Again, this varies state by state and the bar (in PA) would not run the risk of getting in licensing trouble, just me. I knew tons of people who did it and never heard of any issues. As long as you keep it quiet I.e. Not discussing the arrangement at work, posting on Facebook etc you will be fine. The only issue I could see, not sure if this is still the case or not, in VA aren't all bar managers ABC employees? I'm not a lawyer and I'm not advocating breaking any rules, just my thoughts on what I've seen in my time in the industry.
     
  12. jmccrac2

    jmccrac2 Initiate (0) Apr 6, 2015 Virginia

  13. WillQC4Beer

    WillQC4Beer Initiate (0) May 1, 2014 Vermont

    Against the rules in VT as well.
     
  14. Eriktheipaman

    Eriktheipaman Pooh-Bah (2,303) Sep 4, 2010 California
    Pooh-Bah

    Following...I don't think there would be issue with this and if the brewery didn't care, I doubt it would be a problem.
     
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