July 2013
Livengood to Retire in September, Tamm Set to Take Over as InRLA President & CEO John Livengood is hanging up his apron and passing over the keys as President and CEO of the Indiana Restaurant & Lodging Association (InRLA). After 23 years with InRLA, Livengood turns over the reins to former Vice President of Government Affairs, Patrick Tamm on September 1st. Looking back over the years, Livengood said his favorite accomplishment came when the restaurant and hotel associations merged into one this past year. “The hospitality community now has a much stronger voice,” said Livengood. A selection committee composed of current board members selected Tamm to take over as the third President/CEO of InRLA. The InRLA Board of Directors unanimously approved the selection in June. “[Tamm] worked for us from 2000 to 2004, he knows the Associations well. He is also a personal friend and that makes the transition a lot smoother. He will be a great leader for the industry,” said Livengood. During Tamm's tenure as vice president of governmental affairs for both the restaurant and lodging associations, the team repealed the sales tax on complimentary rooms, passed the 19 and 20 year-old servers, and improved food safety through food handling certification and training. During this time both the International Association of Hotel Executives and the Indiana Society of Association Executives recognized the governmental affairs program as the best of the year both nationally and statewide.
After his tenure working on the Associations’ behalf, he went on to one of the State’s largest law firms. While there Tamm represented businesses, trade associations, municipalities and not-for-profit organizations. He also represented various utilities, technology and professional services firms with their interactions with the state. Tamm would then move on to work for former clients in the engineering and construction industries where he successfully led an engineering firms explosive growth in the Central Indiana marketplace and a construction management firm’s expansion into a multiple state region. During this time Tamm gained invaluable experience leading an organization including operations, profit & loss, strategic planning, coaching and mentoring employees, business development and human resources. Tamm comes to this opportunity with a unique appreciation of where the association has been and a passion to serve as the association seeks a greater horizon. He will be focused on increasing membership engagement, additional non-dues revenue sources and in the near term entering a dialogue with members about the strategic vision of the association. Please join the industry in September as we host the biennial gala where we will celebrate John's Livengood's 23 years of service and recognize leaders throughout the industry. The gala is on September 24, 2013 at the Indianapolis Marriott Downtown. For more information, please visit www.InRLA.org.
2013 InRLA DISTRICT MEETINGS Meet… • InRLA President & CEO John Livengood • Incoming InRLA President & CEO Patrick Tamm Converse about... • Affordable Care Act • Unemployment /Food & Beverage Taxes • Local Issues and Your Concerns • And more... For questions and event updates, visit InRLA.org or call 800.678.1957.
Don’t miss the meeting in a town near you... Aug. 5 (2:30- 4:30 p.m.) Lafayette Aug. 9 (2:30- 4:30 p.m.) Bloomington Aug. 12 (2:30- 4:30 p.m.) Indianapolis Aug. 13 (2:30- 4:30 p.m.) Merrillville Aug. 14 (2:30- 4:30 p.m.) South Bend Aug. 26 (2:30- 4:30 p.m.) Jeffersonville Aug. 27 (2:30- 4:30 p.m.) Evansville Aug. 28 (2:30- 4:30 p.m.) Fort Wayne No RSVP required. Just show up. Meetings are free of charge.
(See more information on page 8)
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Are You In Compliance With Tip Regulations? Recent stories of restaurants changing to no tip policies (Sushi Restaurant Finds Tip Habits Hard to Break) and the recent ruling that allows tip pooling with back of house staff when restaurants pay employees minimum wage with no tip credit (http://bit.ly/15TBClo), help remind us of recent changes in tip regulations and the need to be in compliance. COMPLYING WITH SERVICE CHARGE REPORTING RULE The new Rules that were part of a larger package of Fair Labor Standards Act changes in 2011 highlighted the definition of what actually constituted a tip vs. a service charge. in On December 13, 2012, the IRS issued Announcement 2012-50 giving some businesses another year, from January 1, 2013 until January 1, 2014, to comply with the Service's enhanced policy on tip and service charge reporting (Details were sent in the November IRA newsletter). This extension of time is intended to apply in very limited facts and circumstances, and may be used only by businesses that must update their systems and amend their business practices in order to comply with the updated policy. For all other businesses, IRS enforcement of the policy remains effective immediately and is applicable retroactively. Rev. Rul. 2012-18, issued June 25, 2012, clarified and updated IRS guidelines regarding the treatment of gratuity payments and whether they should be treated as tips or service charges. The ruling reiterated four criteria established in Rev. Rul. 59-252 that suggest a payment is a tip; the absence of any of these factors indicates the gratuity may be a service charge: 1. the payment must be made free from compulsion; 2. the customer must have the unrestricted right to determine the amount; 3. the payment should not be the subject of negotiation or dictated by employer policy; and 4. generally, the customer has the right to determine who receives the payment. All of the surrounding facts and circumstances must be considered. Guidelines were also provided to IRS examiners telling them how to enforce Rev. Rul. 2012-18. The announcement instructed examiners that the enhanced policy in the ruling was effective immediately and retroactively. Only in very limited facts and circumstances, where a business' existing systems and practices must be updated in order to comply, would the IRS allow prospective enforcement, applicable to payments on or after January 1, 2013. In response to comments received, the IRS now has extended this date to January 1, 2014. For all other businesses, IRS enforcement remains immediate and retroactive.
Announcement 2012-50, and links to Rev. Rul. 2012-18 and Announcement 2012-25, are attached to this email for your convenience. Also attached is the slide presentation from our October 16 Webinar entitled “Tip Reporting Update: What You Need to Know About New IRS Guidelines.” http://www.irs.gov/irb/2012-26_IRB/ar07.html http://www.irs.gov/irb/2012-26_IRB/ar13.html RECENT TIP POOLS RULING—The U.S. District Court in Portland, Ore., on Friday sided with the NRA, Oregon Restaurant & Lodging Association, Washington Restaurant Association, Alaska CHARR, and a Portland restaurateur and restaurant employee in our lawsuit against the Department of Labor, filed a year ago on behalf of restaurants and restaurant employees who share in tips and participate in tip pools. The court ruled that DOL overstepped its bounds in issuing regulations in 2011 that prohibited back-of-the-house (kitchen) workers from sharing in tips in cases where restaurants pay employees who share the tips at least federal or the applicable (if higher) state minimum wage with no tip credit. The DOL's regulations were not only contrary to the language and intent of the Fair Labor Standards Act, said the court, but directly contradict a 9th circuit federal appeals court ruling from 2010 (Cumbie v. Woody Woo). While the ultimate impact of the ruling is uncertain until an expected DOL appeal is heard, the decision was a reaffirmation of the Woody Woo decision and could help bring clarity to tip pooling rules for employers who cannot take a tip credit under state law, or who choose not to even where otherwise allowed. Court decision http://bit.ly/15TBClo BACKGROUND ON TIP REGULATIONS Effective May 2011, DOL rules expand employers’ obligation to provide tip credit notices to tip-earning employees. The agency’s final rules also contradict a 2010 federal appeals court decision related to tip ownership for employers who do not take a federal tip credit. Failure to comply with the regulations could result in a restaurant losing the ability to apply any tip earnings toward minimum wage obligations. BACKGROUND • The final regulations related to tip income were part of a larger package of Fair Labor Standards Act changes. • Two parts of the final rule – concerning tip credit notice requirements and tip ownership rules –significantly affect the restaurant industry. • The tip credit notice rules would require employers who apply tip credits toward employee wages to take significant new steps to inform tip-earning employees about the tip credit. • The final rule attempts to apply tip-credit regulations regarding tip ownership to employers who pay the full
Continued on page 3...
Compliance Wrap continued... minimum wage and do not rely on the tip credit. The tip ownership rules would reverse a 2010 9th Circuit U.S. federal appeals court decision that affects employers in Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon and Washington. NOTICE REQUIREMENT • The tip credit notice rules significantly change and expand employers’ obligations to provide notice to tipped employees about the federal tip credit. The rules outline a new six-part notice requirement and strongly suggest the notice be given in writing. If the rules take effect, they could trigger a requirement that restaurant employers notify as many as 2.4 million servers and 500,000 bartenders, along with many employees who receive tips indirectly.
• any required tip pool contribution amount; and • that the tip credit shall not apply to any employee who has not been informed of the requirements. • Failure to comply with what some may consider a harmless notice requirement would result in an employer losing their ability to use the tip credit, resulting in monumental cost increases to employers in the form of significantly higher out-of-pocket wages paid to tipped employees. This would occur at a time that employers, particularly small employers, are struggling to create jobs. The Labor Department offers a Fact Sheet on this issue you can access by going to http://www.dol.gov/whd/regs/compliance/whdfs15.pdf.
• The notice requirements state that employers must inform employees, in advance of taking the tip credit, of the following information: • the amount of the cash wage to be paid by the employer to the tipped employee; • the amount of tips to be credited as wages toward the minimum wage; • that all tips received by the employee must be retained by the employee except for tips contributed to a valid tip pool limited to employees who customarily and regularly receive tips;
National Competition Includes InRLA Members InRLA Member: Splashin' Safari is up for Best American Waterpark and InRLA Member: Harry & Izzy's is in the Best U.S. Airport Food category and the pork tenderloin sandwich is contending for Best Iconic American Foods. Voting for the publication's "10Best" categories can be found by going to http://www.10best.com/awards/travel/. Holiday World's Splashin' Safari is one of 20 water parks nation-wide nominated for America's Top 10 Water Parks by USA Today. A month-long online poll is underway, with Splashin' Safari currently in the top spot. USA Today has a print circulation of 1.7 million and is the 88th most visited website in the nation. The national newspaper lists Splashin' Safari's two water coasters, family water slides and wave pools, plus the park's free soft drinks and sunscreen as outstanding features. Splashin' Safari is one of the world's largest water parks. Voting for America's Top 10 Water Parks runs through the end of the month. To find the link to the online poll, go to HolidayWorld.com/Vote. Fans may vote daily.
The Harry & Izzy's location at the Indianapolis International Airport will contend for the title of the 2013 10Best Readers' Choice Travel Award. Twenty nominees, who were announced by The USA Today Travel Media Group will compete for four weeks to win the title. The winner will be determined by the number of online votes received. Nominees for all categories were chosen by a The USA Today travel expert and columnist taking several factors into consideration including: the quality of the food, service, views, location, uniqueness, friendliness and ambiance. "Most people don't think of an airport as a dining destination but with restaurants really stepping up the game, many travelers are now finding amazing culinary experiences," said Bryn Jones, director of marketing at Harry & Izzy’s. "We're honored to be a nominee for the 'Best U.S. Airport Food' as there are so many great eateries just in our Airport. We hope our guests locally and from all over the world join together to show just what Indianapolis has to offer by voting for the restaurant." People can vote for one nominee, per category, per day during the duration of the campaign at 10best.com. The winner will be revealed via The USA Today and 10Best.com on Wednesday, Aug. 7, 2013. Page 3
InRLA Endorsed Providers
State Department of Health Looking at Food Safety Regs for Not-for-Profits The Food Protection Division of the Indiana State Health Department is holding a virtual public hearing determining if not-for-profit organizations serving food to members or the public should be required to demonstrate knowledge of safe food handling. The comments will assist with recommendations to be made to the state legislative health and finance committee per Senate Enrolled Act (SEA) 457. The bill states the Indiana State Department of Health shall review applicable laws and rules governing exceptions to the requirements for certified food handlers and rules on the number of days per year these entities are exempt from inspection, and present recommendations to clarify the existing laws to the health finance commission before Oct. 31, 2013. In order to formulate these recommendations, the state department of health has created this open survey to gain input and opinions on the matter. The survey can accessed at https://www.surveymonkey.com/s/6577K5V and will be open from Thursday July 11 through Saturday, Aug. 31, 2013.
New Edition of EI’s Security and Loss Prevention Management Textbook Features Major Updates The new edition of Security and Loss Prevention Management, published by the American Hotel & Lodging Educational Institute (EI), features three new chapters, a more global focus, and bonus online resources for instructors and students. Written by David M. Stipanuk and Raymond C. Ellis Jr., this textbook has been substantially updated to reflect current safety and security issues in the hospitality industry, presenting best practices and guidance related to risk management in the hospitality workplace. New chapters have been developed on the legal aspects of hotel security and safety, day-to-day safety issues in hotels, and employee safety. The new chapter on “Lodging Safety” covers slips, trips, and falls; fire safety; water safety issues; emergency power issues; indoor air quality; foodborne illness; and bed bugs. The new chapter on “Employee Safety” covers the business case for employee safety and addresses how hotels can effectively manage their operations with safety in mind. Other new information in the book includes information about guest and meeting planner rankings of security and safety practices, expanded discussion of emergency management with additional materials on natural disasters and terrorism, and material on payment card industry (PCI) compliance. The book is available with an online component, Eye on Awareness®: Hotel Security Training. In addition, the instructor resources available on EI’s website have been expanded to include links to websites and online videos that provide additional information beyond what is discussed in the text, as well as supplemental legal cases and an appendix covering Occupational Safety and Health Administration (OSHA) regulations for the lodging industry. To order Security and Loss Prevention Management, call 800.349.0299 or +1.407.999.8100 or visit www.ahlei.org. U.S. academic customers should contact Pearson Higher Education, EI’s academic distribution partner. Page 4
MOVE YOUR GROWTH
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© 2013 Society Insurance
Endorsed Provider Spotlight!
InRLA
I N D I A N A R E S T A U R A N T & LODGING ASSOCIATION
Coverage for outages from overhead lines. Small detail. Big difference. When the power goes out, your business goes dark—and you start losing money. With Society, you’re automatically covered for loss of business income even if the outage is caused by storm damage to an overhead power line. After all, that’s how most outages occur. Ironically, other insurance companies see this as reason to exclude losses that result from storm damage to overhead power lines. To hear more about how we handle the details that make the biggest difference, call 888-5-SOCIETY or find one of our agents at societyinsurance.com.
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Society Insurance Wins IMCA Award of Excellence New branding campaign recognized by leading national organization
Society Insurance’s new “Small Details. Big Difference.” branding campaign was recently honored with an Award of Excellence by the Insurance Marketing and Communications Association (IMCA). The award was presented on June 26 at the IMCA’s annual conference in Philadelphia. Society Insurance Marketing Manager Brad Korkow was on hand to accept the award. “We’re extremely honored to win this award,” Korkow said. “We feel the campaign truly represents what Society is all about, and we’re glad to be recognized for it.” The “Small Details. Big Difference.” campaign focuses on the small details at Society — ranging from policies to service and beyond — that set the company apart from its competitors. Society worked with Madison, Wis.-based Hiebing Agency to develop and roll out the campaign. ABOUT SOCIETY INSURANCE: Headquartered in Fond du Lac, Wis., Society Insurance has been a leading niche insurance carrier since 1915. Society focuses on the small details that make a big difference to its policyholders while offering top-notch service and competitive pricing to businesses in Wisconsin, Illinois, Indiana and Iowa.
PLEASE JOIN US
&
AS T H E H O S P I TA L I T Y I N D U S T R Y G AT H E R S T O G E T H E R F O R T H E 2 0 1 3
INDIANA RESTAURANT
LODGING ASSOCIATION GALA
CELEBRATING JOHN LIVENGOOD’S 23 YEAR CAREER & RETIREMENT RECEPTION AT 6:00 PM DINNER AND AWARDS AT 7:00 PM
INDIANAPOLIS MARRIOTT DOWNTOWN 350 W. MARYLAND ST., INDIANAPOLIS
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AH&LA: New Industry-Driven Model Allows Broader Member Engagement
Focus on advocacy and communications highlights industry’s vast economic impact At the recent American Hotel & Lodging Association (AH&LA) board meeting and special meeting of members, a new membership model and bylaw amendments were approved. The vote enables AH&LA to transition from a dual membership organization, where partner state associations collect national dues, to a platform of broader engagement. The new model provides a foundation to position AH&LA as an advocacy and communications powerhouse that reflects the lodging industry’s tremendous economic footprint as a major driver of jobs, opportunity, and growth. Under the new model, hotel companies, owners/REITs, and management companies are provided a greater role and voice in setting the association’s agenda. Lodging properties now are able to join through their brand and independent properties can join AH&LA directly or through their partner state associations. Additionally, the member rate has been lowered. Partner state associations move from collecting branded property national dues to members that provide their state properties with additional benefits and local representation. AH&LA will have a stronger grassroots voice and broader reach as it will represent a much larger percentage of hotels in the United States. Membership groups will be created, including a Brands Council, Owners Council, Management Companies Council, Independent Hotels Council, and Partner State Association Council. These groups will provide leadership on their specific issues and nominate members for the 75-member board of directors. A 19-person Executive Committee will convene between board of directors’ meetings. Additionally, a Public Policy Steering Committee will provide guidance on key national governmental, regulatory, and media issues. “From immigration to the implementation of a massive new healthcare law, the industry is at a crucial juncture when Congress and the Administration are debating a myriad of issues that affect hoteliers’ bottom line,” said AH&LA President/CEO Katherine Lugar. “This new structure allows AH&LA to engage more hoteliers throughout the country,
significantly grow our political presence, and launch focused public policy campaigns that will garner significant results for the industry.” Two years ago, a study was commissioned to evaluate the association’s structure and value proposition. Approximately 575 state executives, brand leaders, property executives, and allied members were surveyed. An AH&LA Funding Task Force, in conjunction with the Strategic Planning Committee – both of which were comprised of a broad-cross section of members – developed a new funding model. In April, the board of directors approved the model, and a Bylaws Committee was convened to draft amendments to the existing bylaws. “We created a business model that accomplishes what members requested, and as promised, we’ll deliver it by the end of the year,” said AH&LA Chair Ron Vlasic, regional vice president of hotels, Kimpton Hotels & Restaurants. “This restructuring will allow a greater level of involvement from the brands, owners, management companies, properties, and state associations for a truly unified and effective voice in our nation’s capitol.” AH&LA will continue to provide direction and oversight to its affiliates, the Educational Foundation and the Educational Institute, and will continue partnerships in the International Hotel, Motel + Restaurant Show and the Americas Lodging Investment Summit. Serving the hospitality industry for more than a century, AH&LA is the sole national association representing all sectors and stakeholders in the lodging industry, including individual hotel property members, hotel companies, student and faculty members, and industry suppliers. Headquartered in Washington, D.C., AH&LA provides members with national advocacy on Capitol Hill, public relations and image management, education, research and information, and other value-added services to provide bottom-line savings and ensure a positive business climate for the lodging industry. Partner state associations provide local representation and additional cost-saving benefits to members.
2013 InRLA DISTRICT MEETINGS Meet… • InRLA President & CEO John Livengood • Incoming InRLA President & CEO Patrick Tamm Converse about... • Affordable Care Act • Unemployment/Food & Beverage Taxes • Local Issues and Your Concerns • And more...
Don’t miss the meeting in a town near you... Aug. 5 2:30- 4:30 p.m. Lafayette (Arni’s) Aug. 9 2:30- 4:30 p.m. Bloomington (Indiana Memorial Union) Aug. 12 2:30- 4:30 p.m. Indianapolis (Harry & Izzy's North) Aug. 13 2:30- 4:30 p.m. Merrillville (Radisson Star Plaza) Aug. 14 2:30- 4:30 p.m. South Bend (LaSalle Grill) Aug. 26 2:30- 4:30 p.m. New Albany/Jeffersonville (Location TBD) Aug. 27 2:30- 4:30 p.m. Evansville (Courtyard Evansville East) Aug. 28 2:30- 4:30 p.m. Fort Wayne (Holiday Inn IPFW)
For questions and event updates, visit InRLA.org or call 800.678.1957.
No RSVP required. Just show up. Meetings are free of charge.
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New National Restaurant Association Research Reports Offer Insights for Future Business Strategies
Restaurant Industry 2020, Tableservice Restaurant Trends 2013, and Limited-Service Restaurant Trends 2013 available online now The National Restaurant Association (NRA) has launched three new research reports focused on current and future trends to help restaurant operators make more informed business decisions. The new publications contain original research and projections critical to strategically planning for the future, and are available at a 50-percent discount for NRA members. “As the restaurant industry’s primary trade association, it’s our job to provide our members with the credible research they need to accurately plan for future business and profitability growth,” said Hudson Riehle, senior vice president of the Research & Knowledge Group for the National Restaurant Association. “Whether it is trends in business sentiment and expected challenges, workforce demographics, or analysis of consumer attitudes toward technology, the savvy operator applies this information to operational and marketing plans to hit the mark with consumers not only today, but into the future.” The new reports are: Restaurant Industry 2020: A Snapshot of the Future A unique futuristic study of restaurant industry trends that offers a window to future operating trends and conditions. The report explores the evolution of consumer, workforce, and operating trends to help operators plan strategically for the future. PDF instant download for $34.95 for NRA members and $69.95 for non-members. Tableservice Restaurant Trends: How Family, Casual and Fine Dining Operators Navigate Challenges and Opportunities in 2013 A report on business-building details on tableservice operators’ and consumers’ attitudes and behavior, including marketing and advertising, food and menu, technology, operations and workforce. PDF instant download for $19.95 for NRA members and $39.95 for non-members. Limited-Service Restaurant Trends: How Quickservice and Fast Casual Operators Navigate Challenges and Opportunities in 2013 A report on business-building details on limited-service operators’ and consumers’ attitudes and behavior, including marketing and advertising, food and menu, technology, operations and workforce. PDF instant download for $19.95 for NRA members and $39.95 for non-members. The National Restaurant Association produces primary research on a range of topics and publishes several reports, including the Restaurant Industry Forecast, Restaurant Industry Operations Report, and What’s Hot menu trends survey, as well as online resources like Restaurant TrendMapper, Restaurant Performance Index and Economist’s Notebook. As the NRA represents the entire restaurant and foodservice industry, its research and analysis have a long-standing reputation of the highest credibility, neutrality and accuracy both inside and outside the industry, and is considered a leading authority on industry statistics, analysis and trends. Proceeds from research publications are applied to conducting additional industry research. For details, go to Restaurant.org/Research. For news media access to the new reports and other NRA research, email media@restaurant.org.
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2013 GOLF OUTINGS AT YOUR SERVICE OPEN
JULY 30, O 2013 ut!
d l o S
TEE TIME 11 AM
EAGLE CREEK GOLF COURSE
8802 W. 56TH ST. INDIANAPOLIS, IN 46234
GOLD KEY CLASSIC
AUGUST 21, 2013 TEE TIME 11 AM THE LEGENDS GOLF CLUB 2555 HURRICANE RD. FRANKLIN, IN 46131
D O N ' T M I S S O U T O N I N R L A ' S T W O G R E AT G O L F O U T I N G S F O R 2 0 1 3 ! T W O D AT E S T O G I V E Y O U M O R E O P T I O N S I N Y O U R B U S Y S C H E D U L E OR HAVE T WICE THE FUN!
Tee Times: 11:00 AM - Shotgun Start / Whether the Weather: Rain or Shine
• Dinner & prizes immediately after play • Cost per golfer at each outing is $150 for InRLA Members / $175 for Non-Members (includes green fees, cart, lunch, dinner & drinks) • 4-person scramble format • Team check-in and lunch for both outings: 9:30 -10:45 AM
Schedule for both Outings: Registration: Lunch (on carts): Shotgun Start: Dinner: Page 10
9:30-10:45 AM 10:30 AM 11:00 AM Approx 4:00 PM
I N D I A N A R E S TA U R A N T S . O R G O R I N D I A N A H O T E LS . O R G
PRIZES AND MORE! DON’T MISS OUT ON A CHANCE TO WIN INCREDIBLE PRIZES! ADVANCE PURCHASE RAFFLE/CONTEST PACKAGE FOR EACH OUTING Buy a Raffle/Contest Package before the event and save $40 PACKAGE AT EACH OUTING INCLUDES: • 2 mulligans for each member of your team • 1 raffle ticket for each team member • 1 skin per team $100 (PER OUTING) ADVANCE PURCHASE $140 (PER OUTING) DAY OF THE EVENT *Limit one per team
CONNECT WITH US! We’re keeping up with the times and reaching out to our members in new and exciting ways with a little help from technology and social media! Stay in the know with InRLA and foodservice and lodging industry happenings connect with us today! Here’s how: BECOME A FAN ON FACEBOOK Hotel Portal: facebook.com/IndianaHotels Restaurant Portal: facebook.com/IndianaRestaurants And join the private Facebook group for InRLA Members Only! https://www.facebook.com/ groups/430875006985278/ NETWORK WITH US ON LINKEDIN linkedin.com (search groups for Indiana Restaurants and Indiana Hotels or Indiana Restaurant) DO YOU TWEET? FOLLOW US ON TWITTER! www.twitter.com/INrestaurants www.twitter.com/INhotels
Registration
For more info contact: Stephanie Higgins 317.673.4211, 800.678.1957(toll-free) SHiggins@LMVconsulting.com.
RETURN TO: Indiana Restaurant & Lodging Association 200 S. Meridian St., Suite 350 Indianapolis, IN 46225 Fax: 317.673.4210
Employer Reporting, Penalties Delayed Under Health Care Law Until 2015
Health care law's employer penalties, reporting delayed until 2015 In a major victory for employers who have been struggling to understand and figure out how to implement the 2010 health care law, the Treasury Department announced July 2 that it has delayed by a year the law's mandate that requires "large employers" to report to the IRS whether they offered their full-time employees and their dependents health care coverage in 2014. The reporting requirement was originally due to take effect Jan. 31, 2015, and requires large employers -- defined as those with 50 or more full-time-equivalent employees -- to provide the IRS with details on whether they offered health care coverage to full-time employees and their dependents in 2014. Instead, the IRS will use 2014 as a year of transition and voluntary reporting, and has pushed mandatory reporting for large employers and insurers to Jan. 31, 2016, to track data on health care coverage employers offered in 2015. Since the reporting mandate is aimed at giving the IRS a tool to calculate and assess penalties against large employers that failed to offer coverage to full-time employees, the delay in the reporting requirement means large employers will not face penalties under the law for failing to offer health care coverage to their full-time employees in 2014. "Any employer shared responsibility payments will not apply until 2015," the Treasury Department said. The Administration said that in months of dialogue with employers and employer groups it has had "heard concerns about the complexity of the requirements and the need for more time to implement them effectively.� According to the Treasury announcement, the delay will give the federal government more time to figure out how to streamline the reporting requirements and give large employers more time to understand and implement the law. The agency said the Administration will release formal guidance explaining the transition relief within the next week, and more extensive proposed regulations to explain the employer reporting requirements later this summer. The National Restaurant Association will be providing additional input as further regulations are issued, and will continue to advocate for streamlining the reporting process. "Once these rules have been issued, the Administration will work with employers, insurers, and other reporting entities to strongly encourage them to voluntarily implement this information reporting in 2014, in preparation for the full application of the provisions in 2015. Real-world testing of reporting systems in 2014 will contribute to a smoother transition to full implementation in 2015," according to the Treasury Department's announcement. Keep up with all the latest news on the health care law at the National Restaurant Association's Health Care Knowledge Center. online at http://healthcare.restaurant.org/
ServSafe Certification Classes in Your Area 2013 August Training Dates Aug. 5 & 12 2 DAY Tell City, Ind. Aug. 6 Bedford, Ind. 1 DAY Franklin, Ind. Aug. 6 & 13 2 DAY Jasper, Ind. Aug. 14 1 DAY Corydon, Ind.
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Aug. 20 Fort Wayne RECERT Plymouth EXAM Indianapolis 1 DAY Aug. 22 & 29 2 DAY Brookville Aug. 28 RECERT Warsaw, Ind.
ServSafe Food Testing Costs Class: $125 Member | $150 Non-Member Recertification: $60 Proctored Exam: $35 Member | $50 Non-Member
Indiana Law Requires Certification of one food handler per establishment
800.678.1957 toll-free • www.indianarestaurants.org
How much will HEALTH CARE REFORM cost your business T
o Pay or Play, that is the question … at least for the majority of restaurant, C-Store, retail and hospitality businesses today. Whether your health care reform dollars will go toward providing coverage or toward paying fines is up to you, but both can come with a hefty cost for your bottom line.
You’re off the hook! Penalties don’t apply to small employers.
Offering health care benefits cost employers $7,225 per enrolled employee in 2012 according to ADP. How much will not offering those benefits cost your bottom line? If you think the turnover and customer satisfaction are worth the risk (a lot of brands have already found it’s not), follow the infographic flow below to see if — or how much — you’ll end up paying in fines.
Do you have at least 50 fulltime equivalent employees?
NO
$0
YES
n earn a You could eve nce tax credit health insura er than 25 if you have few h average employees wit n $50,000 wages less tha
Did at least one employee receive a premium tax credit or a costsharing subsidy in an Exchange?
Do you offer coverage to your employees?
NO
NO
YES
?
$0
YES Your employees can buy coverage in an online marketplace (Exchange) and receive a premium tax credit
NO
There’s no penalty.
Does your plan pay for at least 60% of covered health care expenses for a typical population?
YES
$2,000
$3,000
(# full-time equivalent employees – 30)
# employees receiving a tax credit
You’ve got to cough up $2K annually for every full-time employee after the first 30, for not providing coverage
Not providing affordable coverage will cost you $3K annually for every employee receiving a credit.
x
YES
x
fine is The maximum full-time $2,000 x (# s – 30). yee plo equivalent em
Do any employees have to pay more than 9.5% of their family income for the employer coverage?
NO
$0 lties Not so fast! These pena the growth increase each year by . in insurance premiums
You did it! You’re giving your team affordable coverage, so there’s no penalty!
C
ompletely lost? Check out our Ultimate Guide to Health Care Reform eBook for everything you need to know about the Affordable Care Act, helpful terms and definitions, and how your business can prepare. Source: The Henry J. Kaiser Family Foundation, Inc. Magazine
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Restaurant Menu Trends: Ten Ways to grow Private Dining Business by Crystal Grave; founder, president and CEO of Snappening.com This is the first of a two-part series highlighting results from the "What's Hot in 2013" survey. Stay tuned for Part 2 which will cover the second half of the top trends list.
of adult meals for your junior-sized diners. And with the chef’s creative touch to make the dishes look fun, everyone at the table will be happy!
The most recent trends in dining show that customers have a renewed appreciation for healthy, local eating. Restaurants are putting a greater emphasis on children’s nutrition and glutenfree cuisine, in an effort to appeal to the growing demand for both.
Going against the Grain: Gluten-free Goods Your private dining service wants to satisfy everyone’s palate— food allergy and special dietary needs included. And one of those growing dietary needs is gluten-free grub.
Updating your private dining service’s menu to reflect these trends will please your customers’ palates, and keep you a step ahead of the competition. This year's "What's Hot in 2013" survey conducted by the National Restaurant Association revealed these top 10 menu trends: 1. Locally sourced meats and seafood 2. Locally grown produce 3. Healthful kids’ meals 4. Environmental sustainability 5. Children’s nutrition 6. New cuts of meat 7. Hyper-local sourcing 8. Gluten-free cuisine 9. Sustainable seafood 10. Whole grain items in kids’ meals Buying from your own Backyard The benefits of buying locally grown produce and locally sourced meats and seafood are endless. Local produce is picked just hours before it reaches your restaurant’s kitchen, allowing your customers to enjoy the freshest and most flavorful tastes possible. Local farmers use less chemicals and pesticides than industrial farms—another benefit of homegrown produce.
Gluten-free grains like quinoa, amaranth, millet, wild rice, corn, oats and buckwheat are trendy and healthy menu alternatives. And since your menu already contains a variety of naturally gluten-free foods—fruits, vegetables, chicken breasts, veal, steak, ribs, eggs, cheeses—you and your chef can design flavorful dishes to satisfy your guests’ appetite. To read more about the forecasted trends and for the complete What's Hot in 2013 survey results, go to http://www.restaurant.org/Downloads/PDFs/News-Research/ WhatsHotFood2013.pdf. Snappening.com is an online event planning database that contains central Indiana's most comprehensive list of meeting and event venues—including restaurants. Since its 2011 launch, the site has provided over 125,000 consumers, venues and professional planners with an online service that makes event venue and event planner searches quick and easy, as well as provides highly localized event planning inspiration, tips and tools. Feel free to poke around on the site to see for yourself how helpful we are and perform your own searches. We estimate we'll save you anywhere from 4-8 hours of your own time by bringing all your options together in one wellappointed location.
Locally sourced meats and seafood are exceptional in flavor. These meats tend to be lower in total fat and saturated fat. Pasture-raised animals get their nutrients from grass and other plants, instead of grains like their factory-raised counterparts. When you buy local, your customers get the freshest flavors and your private dining service supports the community. It’s also a great opportunity to network, trade services and set your restaurant apart from the competition. Kids are Important Clientele Even the youngest consumers are asking for healthier dining options. Children’s nutrition can easily be made a priority by adding whole grains and fruits and vegetables, and going oven-baked instead of fried. Consider offering smaller versions Page 14
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