At Your Service, Winter 2017-18 by NC Restaurant & Lodging Association

at your

Official Magazine of North Carolina Restaurant and Lodging Association

NCRLA • 222 North Person Street, Suite 210 • Raleigh, NC 27601

PRSRT STD US Postage PAID Raleigh, NC Permit No. 750

Service

December 2017 Issue, Vol. 6, Issue 4 www.ncrla.org

Culinary Trends:

A look at 2018 predictions Tis the Season Make the most out of the hustle & bustle

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table of contents in every issue

6 12 13 20 26

Letter from the Chair and the President NCRLA Chair Michael Martino and President & CEO Lynn Minges Upcoming Events Network with North Carolina’s hospitality industry leaders at one of NCRLA’s upcoming events Welcome New Members NCRLA welcomes several new members from across North Carolina Benefits of Membership NCRLA offers new, exciting benefits for members A la Carte A sampler of hospitality-related news stories

Trending 2018’s Culinary Forecast Washington Wrap Up End of year updates

16 18

Sustainability Fats, oils and grease programs are here to help

BILLY SEWELL, Chair-Elect NRA Representative Platinum Corral, LLC VINAY PATEL, Treasurer SREE Hotels, LLC STEVE THANHAUSER, Secretary Angus Barn, Ltd. JOEL GRIFFIN AHLA and Travel and Tourism Board Liaison Griffin Stafford Hospitality, LLC LANCE TRENARY, Immediate Past Chair Golden Corral Corporation LYNN D. MINGES President and CEO NCRLA FRANK GRAY General Counsel and Lobbyist Jordan Price Wall Gray Jones & Carlton, PLLC Directors SCOTT BREWTON Pinehurst Resort & Spa

GARY FROEBA The Omni Grove Park Inn

North Carolina Hospitality Education Foundation How you can give back to your industry

MICHAEL MARTINO, Chair Sheraton Imperial Hotel & Convention Center

PHIL FRIEDMAN Salsarita’s Fresh Cantina

features

NCRLA EXECUTIVE BOARD OF DIRECTORS

Employment Retention 8 retention strategies Legal Bites Avoiding a discrimination claim

BILL GANT Concord Hospitality Enterprises Company PETER GRILLS Charlotte Area Chapter Representative The Ballantyne Hotel & Lodge ALAN HILTON S & D Coffee, Inc. BURNEY JENNINGS Biscuitville Fresh Southern RANDY KOLLS Washington Duke Inn & Golf Club SCOTT MAITLAND Top of the Hill Restaurant, Brewery & Distillery AMBER MOSHAKOS LM Restaurants ROBERT M. O’HALLORAN East Carolina University NISHITH “NISH” PATEL Beacon IMG, Inc. TOM SASSER Harper’s Restaurant CHARLES THOMPSON The Inn on Biltmore Estate STERLING F. WEBSTER IV Hilton Garden Inn OBX & Ramada Plaza OBX CRISSY WRIGHT Charlotte Marriott City Center RASHMIKANT “HAJI” PATEL (Ex-officio) AAHOA

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THE NORTH CAROLINA RESTAURANT & LODGING ASSOCIATION CORDIALLY INVITES YOU TO ATTEND THE

PRESENTED BY SYSCO

FEBRUARY 5, 2017 5:30-9 P.M.

Sheraton Imperial Hotel & Convention Center 4700 Emperor Blvd Durham, North Carolina 27703 For details, visit www.ncrla.org.

letter from the NCRLA Chair and CEO

Tis’ the season of hospitality and cheers to another great year! As the hustle and bustle of the holiday season is upon us, we at the North Carolina Restaurant & Lodging Association look back on 2017’s achievements, set goals for the year to come and reflect on our organization’s commitment to the amazing industry we serve. One of the best things about the hospitality industry is its willingness to serve others and to give back. The holidays can be the busiest and most lucrative time of year for our members—a time to shine—and it is also when we take note of all our members do to better the lives of patrons and their communities. This is not something that happens during a particular month or surrounding a season, it is all year round. Each year, restaurants and lodging establishments donate billions in resources to communities and to non-profit organizations despite slim margins and economic uncertainty. A national survey found 94 percent of hospitality-related businesses make philanthropic contributions annually to community organizations and charities. Many hotels and restaurants—small businesses, franchisees and corporate operations—pride themselves on year-long give-back programs, volunteer hours donated and charitable functions hosted. Our industry also steps up to the plate during times of crises. In 2017, we experienced tragic hurricanes, wildfires, flooding and more. Restaurants and hotels across the U.S. donated food, opened doors as a place of shelter and gave back through volunteering and funding to those in dire need of assistance. While we know our members do not do these philanthropic acts for recognition, NCRLA makes it a priority to shine light on those going above and beyond. On Feb. 5, we will host our annual Stars of the Industry awards and reception. This event gives our organization the opportunity to applaud members in categories including: Restaurateur of the Year; Restaurant Employee of the Year; Lodging Operator of the Year; Lodging Employee of the Year; Hospitality Supplier of the Year; Griff and June Glover Award (service to the association); Hospitality Champion Award (given to state a legislator); NCLRA Lifetime Achievement Award; and the Ken Conrad Award for Service to the Community. We invite you to join us at this annual event. More details are available at www.ncrla.org. In the meantime, we wish you, your colleagues and customers a wonderful holiday season and a new year full of joy, success and prosperity.

Lynn Minges NCRLA President & CEO

Mike Martino NCRLA Board Chair

Help NCRLA highlight your hard work and philanthropic efforts. Use #HospitalityHighlights and tag @NCRLA in your social media posts.

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Chief Operating Officer/ Membership Development/ Health and Safety Regulations/ ALYSSA BARKLEY, IOM Director of Government Affairs/ Staff Attorney KIMBERLY SIOMKOS Director of Communications MIRANDA KINNEY Director of Marketing and Business Development MINDY WHARTON Director of Hospitality Education MANDY HINES Database Manager & Membership Coordinator NATALIE COX Executive Assistant/ NCRLA Board Liaison AMY BERENSON General Counsel & Lobbyist FRANK GRAY Printer CHAMBLEE GRAPHICS, INC. Graphics and Design WHITNEY GOULDING DESIGNS whitney.designer@gmail.com BUSINESS OFFICE 222 North Person Street, Suite 210 Raleigh, N.C. 27601 Phone: (919) 844-0098 Website: www.ncrla.org For advertising and sponsorship inquiries, contact Director of Marketing and Business Development, MINDY WHARTON, at mwharton@ncrla.org.

ADDRESSING THE DIVERSE HEALTH CARE NEEDS OF THE HOSPITALITY INDUSTRY UnitedHealthcare® offers exclusive health care pricing and solutions for NRA/NCRLA members through the hospitality association’s alliance program. To address the diverse health care needs of the hospitality industry, the North Carolina Restaurant & Lodging Association and the National Restaurant Association continue to work with UnitedHealthcare through the hospitality associations alliance program to help provide easier access to health care coverage for hospitality employers, employees and their families. UnitedHealthcare offers exclusive health care pricing and solutions for every size NRA/NCRLA member business—small, midsize and large employers: • COMING SOON for small businesses: New NRA Health Benefits Association Plan option for fully insured hospitality groups with 2-99 full-time employees • For businesses with 51 or more employees: Up to a 5 percent discount on manual medical rates for fully insured groups with 51 or more full-time employees • For large self-funded businesses: An annual invoice credit of up to 5 percent on administrative fees for new ASO medical products for self-funded groups with 100 or more full-time employees • For businesses of all sizes: Up to a 5 percent discount on specialty benefits products (dental, vision, life, disability, accident and critical illness) for fully insured groups—in addition to all other discounts including bundling benefits programs New NRA Association Plan Option for Small Employers – Coming Soon! A new NRA Health Benefits Association Plan will be available soon to quote as an option for NRA/ NCRLA hospitality member groups. The NRA Association Plan is a health benefits solution insured and serviced by UnitedHealthcare and focuses on small employers with two to 99 full-time employees. This solution can offer NRA/NCRLA members some of the same advantages of large employers regarding more health plan designs for product and potential pricing flexibility. The NRA and NCRLA chose to work with UnitedHealthcare because of its wide range of products and services. UnitedHealthcare features an expansive network of more than one million physicians and care professionals, and 6,000 hospitals and other care facilities nationwide; various online tools and resources; and several wellness programs designed to help improve employee health, productivity and retention. Interested in learning more? Visit www.uhctogether.com/ncrla. For more information, contact your broker or Moriah Murphy at moriah.murphy@optum.com. Some restrictions and exclusions apply. Discounts are available only to members of the National Restaurant Association and its state restaurant association partners; and may vary by location and group size. Network counts as of Q2 2017, UnitedHealth Group Fact Book. Insurance coverage provided by or through UnitedHealthcare Insurance Company or its affiliates. Administrative services provided by United HealthCare Services, Inc. or their affiliates. Health Plan coverage provided by or through UnitedHealthcare of North Carolina, Inc.

TRENDING

What’s Hot: The 2018 Culinary Forecast

A survey of 700 professional chefs – all members of the American Culinary Federation – helped to create the 2018 culinary trends report released by the National Restaurant Association this month. This talented group of chefs ranked cuisine, cocktails and other culinary themes to predict a tasty forecast for the New Year.

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“Local, vegetable-forward, and ethnic-inspired menu items will reign supreme in the upcoming year. Guests are implementing these trends in their own lifestyles and want to see them reflected on restaurant menus. In response, chefs are creating more items in-house and turning to global flavors,” said Hudson Riehle, Senior Vice President of Research at the National Restaurant Association. NCRLA’s 2017 Chef of the Year, Matthew Krenz of The Asbury at the Dunhill Hotel in Charlotte is ahead of the game, already showcasing highly popular, vegetable oriented dishes. One of his top selling menu features, the Spicy Tempura Cauliflower with

2018 CULINARY FORECAST

TOP 10 FOOD TRENDS 1. New cuts of meat 2. House-made condiments

3. Street foodinspired dishes 4. Ethnic-inspired breakfast items

5. Sustainable seafood 6. Healthful kids’ meals

harissa beets and cucumber sauce, has patrons and hotel visitors craving more plant based menu options. Shellfish, barbecue, bacon and comfort food remain heavy hitters as they round out the top four most popular cuisines that aren’t going anywhere. This list of perennial favorites is a prime example of why North Carolina’s food scene continues to receive top marks nationally, attracting visitors from across the globe.

7. Vegetable carb substitutes 8. Uncommon herbs

9. Authentic ethnic cuisine 10. Ethnic spices

Creative new spins on specialty drinks and cocktails will also play a role in 2018. Onsite barrel-aged drinks, cold-brew coffees and gourmet lemonade are just a few beverages trending hot right now. “The North Carolina Restaurant and Lodging Association is excited to share culinary trends that will influence our members in the coming year,” said Lynn Minges, president and CEO, NCRLA. “From independent hotel and restaurant operators to some of our nation’s

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2018 CULINARY FORECAST

TOP 10 CONCEPT TRENDS 1. Hyper-local 2. Chef-driven fast casual concepts

3. Natural ingredients/ clean menus

5. Veggie-centric/ vegetableforward cuisine

4. Food waste reduction

6. Environmental sustainability

most recognized brands, NCRLA will continue to serve as a fundamental resource for our members as these emerging trends build momentum in 2018.” What will be old news in 2018? Artisan cheeses, heirloom fruits and vegetables, house-made charcuterie are all among the most notable trends cooling off in the New Year. Artisan ice cream and savory desserts are also phasing out, and whole

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7. Locally sourced meat and seafood

9. Simplicity/back to basics

8. Locally sourced produce

10. Farm/estatebranded items

grains are expected to take a backseat to other ingredients on upcoming children’s menus. The survey, which was conducted in October and November asked 700 American Culinary Federation members to rate 161 items as a “hot trend,” “yesterday’s news,” or “perennial favorite” on menus in 2018. For complete survey results, visit ncrla.org. z

Plan for Your Brand

this Holiday Season

It’s that time of year again: the trees lose their leaves, the air begins to crispen and holiday planning is at the top of everyone’s to do list. It’s never too early to lay out your public relations plan to attract customers and connect with patrons. Here are a few ideas to get started! 1. Gift and Travel Guides Major national outlets tie down their gift guides early, but many local media outlets and bloggers are just beginning to research gifts to recommend to readers. Position your brand as a giftable item by being creative with your outreach. Local news outlets round up ideas and deals in the community, while bloggers post reviews of hotels and restaurants. Whether you’re offering a special deal on merchandise or a great discount, getting the word out to local media and influencers can help drive traffic and brand awareness. Staying top of mind while your customers make their lists and check them twice, can help make your experience the go-to gift of the season. 2. Give Back There is no better time than the holiday season to lend a helping hand to those in your area. Hosting a charity drive can both drive traffic to your business and position you as an active member of the community. Consider collecting toys, coats, clothing or food for

your preferred charity on-site or hold a profit share and give a portion of your sales to a local organization. Take it a step further by organizing a service day with your employees and share your goodwill on social platforms. Branding yourself as a company that cares about your community is always a winning strategy, but be sure to be genuine in your efforts. Customers can always tell if you’re being ingenuine, which may land you on the naughty list. 3. Spread the Social Cheer Social media is a great way to get into the holiday spirit. Deck the halls of your Instagram by adding a festive touch to your imagery and build a conversation with your followers in a way that aligns with your brand. This might mean images of your hotel dressed up like a winter wonderland, or your restaurant’s version of a warm, family-filled meal. Be sure to share any positive posts that your customers tag you in; this is a great way to build brand loyalty, and a strategic way to ensure your business is top-of-mind next time a customer recommends a hotel or restaurant to a friend. Staying engaged on social, sharing what your customers want to see and interacting in a playful way that is true to your brand is the perfect way to make your social media presence merry and bright! For more information about public relations, social and digital media best practices, visit www.largemouthpr.com. z

Kelly Propst Largemouth Communications

2018 calendar of events Network with North Carolina’s hospitality industry leaders at one of NCRLA’s upcoming events. Learn more at www.ncrla.org

FEBRUARY

5.18

NCRLA Annual Meeting Sheraton Imperial Hotel & Convention Center Durham, NC 10 a.m.

FEBRUARY

25-27.18 NC ProStart Invitational Johnson & Wales Charlotte, NC

MAY

NCRLA Board Meeting Sheraton Imperial Hotel & Convention Center Durham, NC 12 p.m.

APRIL

9.18

Charlotte Chapter Golf Classic The Golf Club at Ballantyne Charlotte, NC 9 a.m.

23.18

NCRLA Board Meeting 222 N. Person Street Raleigh, NC 1st Floor Board Room 10 a.m.

JUNE

Legislative Briefing 222 N. Person Street Raleigh, NC 1st Floor Meeting Room 1 p.m.

AUGUST

18.18

27-28.18

NC Future of Hospitality Golf Classic Prestonwood Country Club Cary, NC 10 a.m. A t Y ou r Ser vi c e

5.18

MAY

23.18

FEBRUARY

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NC Restaurant and Lodging Expo Charlotte Convention Center Charlotte, NC

FEBRUARY

5.18

Stars of the Industry Awards Sheraton Imperial Hotel & Convention Center Durham, NC 5:30 p.m.

APRIL

27-28.18 National ProStart Invitational Providence, RI

MAY

23.18 Rally in Raleigh Reception 222 N. Person Street Raleigh, NC 1st Floor 5 p.m.

AUGUST

27.18

NC Chef Showdown Charlotte, NC 5:30 p.m.

welcome new NCRLA members NCRLA welcomes new members from across North Carolina Go to www.ncrla.org to learn more about NCRLA and to download a membership application. New Allied Members Aislelabs, Toronto, Canada Commercial Solutions Inc., Raleigh Guilford Technical Community College, Jamestown Jennette Brothers, Inc., Elizabeth City Restaurant Tech Depot, Medway, Massachusetts New Lodging Members Holiday Inn & Express, Wallace Mitchell’s Lodge & Cottages, Highlands Princess Anne Hotel and Restaurant, Asheville Residence Inn Raleigh, Downtown The Greyston, Lake Toxaway New Restaurant Members Anchor Bar, Raleigh

Bello Restaurant Group, Firehouse Subs, Cary Driftwood Southern Kitchen, Raleigh Elliott’s on Linden, Pinehurst Farina, Raleigh Garland, Raleigh Imperial Restaurant Group, Raleigh Ironwood, Pinehurst Metro Diner, Matthews Southern Charred, Raleigh Tar Heel Capital – Wendy’s, Boone (45 locations) Tenth & Terrace Rooftop Restaurant and Bar, Raleigh The Southside Beer Garden & Bottle Shop, Winston-Salem Whiskey Warehouse, Charlotte

Thank You to Our Corporate Partners

Corporate partners support the endeavors of the North Carolina Restaurant & Lodging Association in a variety of ways, from event sponsorships, advertising and more. NCRLA thanks those who help make the association strong.

PLATINUM

TITANIUM

GOLD

SILVER

View our corporate partnership opportunities at www.ncrla.org For more information on how you or your organization can become a corporate partner of NCRLA, including the Hospitality Education Foundation and the NCRLA Political Action Committee, call Mindy Wharton, NCRLA director of marketing and business development, at 919-277-8585.

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WASHINGTON WRAP-UP

A look at what’s happening for hospitality in D.C.

As this issue of “At Your Service” goes to press, legislative leaders in Washington continue to edge closer to the end of the first half of the nation’s 115th congress.

Here are a few key issues on the move on Capitol Hill that could affect you and your business.

joint employers through “indirect” and “potential” control of employees. This holding reversed almost 30 years of labor law that enabled business growth and investment. Since then, the North Carolina Restaurant & Lodging Association, alongside our national counterparts, has worked tirelessly to see this undone. While the North Carolina General Assembly codified our state standard during the 2017 legislative session, the federal rules were still a wash. This could change with H.R. 3441, the “Save Local Business Act,” which would require a person have direct, actual and immediate control to be a joint employer. Though the bill was only introduced a short time ago (the end of July)—with more than 110 bipartisan co-sponsors—it has passed the U.S. House of Representatives and now heads to the Senate.

Joint employer standard under review Looking back to 2015, it was a crazy time for employment rules, as the National Labor Relations Board held that two companies could be considered

H-2B cap could be addressed legislatively The H-2B Seasonal Worker program was in the spotlight for most of 2017. The program hit its 33,000 half-year cap 10 days into the new year; the

Despite continued promises on major issues, some might argue that not much has been accomplished. However, at least for the hospitality industry, a lot of common sense regulatory reform seems to be on the horizon.

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remaining congressionally allotted spots were filled just two months later. Though the Department of Homeland Security released additional visas under the Consolidated Appropriations Act of 2017, and President Donald Trump signed potential cap relief into law on May 5, the processing time associated with these quick-fixes left most businesses unable to benefit, as significant financial loses continued during many operators’ busiest time of year. Over-arching regulatory reform and review of the program remains necessary, but Sen. Thom Tillis, R-N.C., and Rep. Steve Chabot, R-Ohio, aim to address the most pressing problems before the end of the year; filing S. 792 and H.R. 2004, respectively. These bills would exempt well vetted H-2B workers who have participated in the program sometime in the past three years. The Senate version also establishes clear parameters for hiring H-2B workers, requiring coordination between federal agencies, and bringing greater transparency and efficiency to the program while ensuring American workers are not displaced. Executive Order issued on association health plans (AHPs) Trump made a crucial move in October to help promote health care choice and competition across the country by expanding access to affordable, employer-sponsored health insurance. The order offers individuals and small businesses the chance to cut costs, as they join together to access health insurance through association membership while relaxing restrictions seen on low-cost, short-term health insurance plans and boosts the power of health reimbursement arrangements.

The Department of Labor will now consider new rules and amendments to implement broader accessibility. The industry’s perspective will continue to be heard as our national counterparts are actively engaged in the rulemaking process. ADA ‘drive-by’ lawsuits Despite the hospitality industry’s continual commitment to ensure establishments are easily accessible and provide comfortable accommodations for individuals with disabilities, a cottage industry of “got-cha mentality” plaintiffs’ attorneys has come about, blanketing hundreds of businesses with Americans with Disabilities Act (ADA) litigation threats in hopes of pushing the business to settle as a way to avoid even costlier litigation, regardless of the true merit of the claim. H.R. 620, the “ADA Education and Reform Act of 2017,” offers resolution by allowing hotels and restaurants time to fix alleged ADA violations before a business can be sued. This legislation would be a welcome change, as nearly 10,000 lawsuits have been filed in the past two years alone. NCRLA walked the halls of Congress with our national counterparts to bring awareness to this issue earlier this year. With more than 80 co-sponsors in the House, including Mark Walker, R-N.C., the bill has started to move, receiving a favorable mark up in the House Judiciary Committee in September.

For more information on legislative issues, contact Kim Siomkos, NCRLA director of government affairs, at ksiomkos@ncrla.org. z

NCRLA Helpline Do you have questions about legal and regulatory issues that impact your business? NCRLA can help. Membership grants you three hours of legal assistance from our staff attorney, Kim Siomkos, as well as help from our on-staff health and safety regulations expert, Alyssa Barkley. Contact Kim at 919-861-0942 or ksiomkos@ncrla.org or Alyssa at abarkley@ncrla.org or 919-844-7883.

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NC HEF

The giving spirit; how do you contribute to NC HEF? It may be the season of giving, but you can give back year round to a cause that you’re passionate about: the future of the hospitality industry. The North Carolina Hospitality Education Foundation (NC HEF) is the philanthropic arm of the North Carolina Restaurant & Lodging Association. NC HEF was created to enhance the hospitality industry’s service to the public through education, community engagement and promotion of career opportunities. Many of NCRLA’s members have found giving back to NC HEF a rewarding experience, especially since it is a foundation that values not only funding dollars, but also time and expertise. Have you considered becoming involved in NC HEF’s vital work? Here is what your industry peers said about the importance of supporting the foundation’s efforts:

Sam Stachon of Highland Avenue Restaurant teaches two ProStart students various cutlery skills.

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“”

Creating Experiences

Donations

Expertise

Mentorship

“Helping ProStart students has given me an opportunity to fill in the gaps for these kids of what I was not taught in culinary school. Things like selfesteem, how to turn a really difficult 14-hour day into a positive work experience and how to deal with a difficult personality in a positive way…”

“Providing funding for NCRLA’s education foundation is incredibly important to the future of the restaurant and hospitality industry in our state. The availability of talented people to work in our industry is the key to our success. Students that are coming through the ProStart program are excellent examples of the kind of people we all need in our businesses to win.”

“When a person has a very deep passion for their industry, as I do for hospitality, it is part of your DNA to share. It is personally rewarding to share my time, knowledge and resources to advance the mission of the North Carolina Hospitality Education Foundation. By helping to develop its future leaders, I am doing my part to protect the North Carolina hospitality industry for many years to come.”

“The decision to be involved with NCRLA and ProStart was easy; both support what we need and do for this industry and our communities. Working with the students is one of the most rewarding experiences. Seeing them grow and work together as a team, at their age, is inspiring. Some of the students I have been able to mentor have actually come and worked with us at the restaurant, and are going to work fullor part-time while going to college! Now that’s time management!

- Jesse Roque, Executive Chef, Never Blue Restaurant

- Judy Irwin, Senior Vice President, Human Resources, Golden Corral

- Mike Martino, CEO, Sheraton Imperial RTP

- Sam Stachon, Executive Chef, Highland Avenue Restaurant

The future success of the hospitality industry depends on leaders like you, year round. Lending your time, expertise and funding can make an immediate impact on a student’s passion for a career in the industry. In 2018, we challenge you to step up and get involved for a cause we all can truly support.

For more information on NC HEF, visit ncrla.org or contact Mandy Hines, NCRLA director of hospitality education, at 919-277-8582 or mhines@ncrla.org.

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SUSTAINABILITY

Are you lost in the FOG of your local utilities fats, oil and grease ordinances? As a manager or owner of a food service establishment (FSE) you may wonder why a public utilities inspector is at your door every few months or why they’re so critical about your grease interceptor. Your local utility’s fats, oil and grease (FOG) program not only plays a vital role in protecting the environment but also you and your business. It is a common misconception that public utilities FOG inspectors are “The Grease Police,” simply trying to meet civil penalty quotas. These individuals are first and foremost focused on protecting the environment, as well as you and your business. The FOG program wants to help FSEs achieve and maintain compliance of their grease interceptors. BUT WHY? As the stewards of a multimillion and sometimes billion dollar investment in underground utilities, FOG inspectors are dedicated to helping you achieve this goal because in the end, it is a win-win for everyone. Keeping a compliant grease interceptor protects your business, the environment and North Carolina citizens’ investment in the hundreds of miles of underground pipes and infrastructure that keep our communities going. When FOG enters the waste water collection system, it congeals and hardens over time, making it a toxic substance for the sewage system. If enough builds up and restricts the wastewater flow, it will eventually cause a blockage, which could lead to sanitary sewer overflows.

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Sanitary sewer overflows are costly to mitigate, particularly for businesses responsible for the blockage, as most municipalities will seek to hold the business financially accountable for the overflow clean up. Sometimes, overflow mitigation costs can be so expensive that a business cannot recover from the cost. Don’t let that be your business. This is why forming solid, working relationships with your local inspector is important, as they can help identify best practices to keep these costly events from happening. WHAT IS THE SOURCE OF FOG? FOG is generated from food and cooking processes such as: Meat fats

Food scraps

Lard

Baking goods

Cooking oil

Dairy products

Shortening

Sauces

Condiments

Coffee

Dressings

Deep or stir frying

Butter and margarine

Preparation and baking

HOW TO PREVENT FOG FROM ENTERING THE WASTEWATER COLLECTION SYSTEM The best way to prevent FOG from entering the wastewater collection system is to first and foremost ensure there’s an appropriate sized grease interceptor that is well maintained for the type of operation. Refer to your local municipality public

utilities handbook or published ordinances to determine if your grease interceptor is right for your operation. Be sure to maintain your grease interceptor by establishing timely cleaning intervals with a licensed grease hauler. The cleaning/pumping intervals should be timed to guarantee the interceptor is in compliance at all times. Grease haulers should pump interceptors dry, and skimming should not be allowed, nor the reintroduction of wastewater back into the grease interceptor. All FSEs are required to develop an on-site recordkeeping system so that cleaning/ pumping manifests received from your grease hauler are immediately available upon request.

DEVELOP A BEST PRACTICES PROGRAM FOR EMPLOYEES TO FOLLOW A best practices program in your operation for the proper disposal of FOG should include: • • • • • •

• •

• • •

Scrape or wipe grease and food scraps into a sealable container or trash bin Collect liquid cooking oils in an oil rendering tank or oil recycling container Rotate cleaning schedule among fryers and food preparation devices Assign clean-up tasks to specific employees Prepare foods with minimal amounts of FOG Educate your employees on the importance of reducing FOG and following proper FOG best management practices Do not pour grease down drains Do not wash fryers, griddles, pots or pans with water until all the oil and grease has been removed When draining fats from cooking bacon or other meats place in a collection container Use drain baskets to catch debris escaping through the sink drains Use absorbent pads in high grease areas (around

This is an illustration of a typical grease interceptor Please remember, it is important to understand FOG and your responsibilities as a FSE. Implementing a best practices program and proper grease interceptor management will aid in the prevention of sanitary sewer overflows and the protection of our environment. If you’re still in the fog about fats, oil and grease, contact your local FOG program and ask how they can help. Together, we can make a difference to ensure a clean environment for our communities where we live, work and play.

This article was contributed by the City of Raleigh’s FOG program. For questions, contact fog@raleighnc.gov. z

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The most valuable benefits you receive through The N.C. Restaurant & Lodging Association are intangible. But you can see below that there are also numerous opportunities to save and help your business grow through your membership in the association. And, NCRLA continues to find other ways to help your business grow stronger.

Advocacy

Cost Savings

NCRLA is the leading advocate for the restaurant, foodservice and lodging industries in North Carolina.

Leverage the power of group buying and exclusive member offerings! NCRLA offers members deep discounts on important goods and services:

We support our members’ interests by lobbying key decision makers so they understand the effects of legislation on your business. We notify you of critical policy developments, and promoting pro-business candidates and legislation through grassroots issue advocacy campaigns and the NCRLA PAC. This support also includes lobbying updates at the local, state, and federal levels; as well as research from our national partners - the National Restaurant Association and the American Hotel & Lodging Association. Learn more at www.ncrla.org/advocacy.

• Take advantage of significant refunds from class action settlements • Up to 50% discount on set-up fees and ongoing preferred member pricing for electronic alcohol purchasing • Access to free local and regional hotel wage and benefits data • 10-20% discount on ServSafe training • Up to 20% discount on music licensing fees • Benefit solutions for your business including group health plans, commercial property and casualty, and executive benefits • Complimentary registration to the NC Restaurant & Lodging Expo Learn more at www.ncrla.org/benefits.

Education and Networking

Resource Center

NCRLA offers many unique opportunities for members to connect. Annual golf tournaments, Taste of NC and Stars of the Industry Awards Gala, Rally in Raleigh, Manteo to Murphy Restaurant PAC fundraiser, and other social events are held annually. The association also offers seminars, workshops and webinars. Learn more at www.ncrla.org/events.

NCRLA serves as a resource to members on many issues impacting their businesses. Whether you need assistance in understanding and complying with health department, fire, or safety regulations, ABC rules and regulations, or legal issues, we have experts available to assist you every step of the way. For regulatory issues, contact Alyssa Barkley at abarkley@ncrla.org or for other legal issues contact Kim Siomkos at ksiomkos@ncrla.org.

SERVE UP THE RIGHT SOLUTIONS FOR YOUR BUSINESS the first time, Heartland’s payroll and HR services provide reliable solutions. You benefit from a threeyear price lock, tools and resources to help you stay in compliance with constantly changing regulations and a single point of contact dedicated to your business.

Heartland Payment Systems is honored to partner with the North Carolina Restaurant & Lodging Association. We are committed to the growth of the hospitality industry and your success. Rest easy knowing our comprehensive suite of solutions will leave you with more time for what’s important— creating an extraordinary experience for your guests. SECURE PAYMENT PROCESSING When you process through Heartland, you can take payments securely anywhere, via any method on any device with an Interchange Plus pricing model. All bankcard interchange and fees assessed by the card brands are passed through to business owners without a markup of any kind. In addition, Heartland Secure uses EMV, end-to-end encryption and tokenization, to protect your customers’ credit card data and is backed by one of the only comprehensive breach warranties in the industry. FAST FUNDING AND ROBUST REPORTING Regardless of bank relationships, you’re eligible to receive your money from all card transactions the very next business day—including weekends. Check batches, deposits and transactions, run reports, download data, view statements, dispute transactions and order equipment, all in real time—24 hours a day, seven days a week, 365 days per year—through Heartland’s robust portal. PAYROLL AND HR SOLUTIONS Whether you are looking for payroll for your expanding employee base or offering a 401(k) for

GIFT CARD AND LOYALTY PROGRAMS Heartland’s gift card and loyalty program helps you promote your operation, motivate customers to spend more, and keep communications going with special offers and incentives that increase return visits. With Heartland, you’ll serve your loyal customers and keep them coming back. LENDING Small business owners can face multiple hurdles in obtaining traditional funding. That’s why Heartland developed the best solutions in the market—to get you the funds you need quickly at the most reasonable rates possible. Heartland offers fast, easy and competitively priced loans that can move your business forward. At Heartland, we are proud to offer reliable solutions you can trust. Let us help you with the complexities of running your business—from payment processing, payroll and HR, gift card and loyalty programs, or expanding your business with our lending program— so you can focus on what you love most.

For more information, contact Angela Ihry, 605-9409861, angela.ihry@e-hps.com. Learn more about Heartland products at heartlandpaymentsystems.com.

Ask your Heartland sales rep about the low, simplified pricing options for NCRLA members.

EMPLOYMENT RETENTION

Restaurant Turnover: The 8 Best Retention Strategies

Restaurant employee turnover has always been an issue, but we’ve seen a consistent increase over the years. The National Restaurant Association’s Chief Economist, Bruce Grindy, reported “the turnover rate in the hospitality sector topped 70 percent for the second consecutive year, but still remained below pre-recession levels.”

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Some of the turnovers are largely based on the demographics of restaurant employees. The Bureau of Labor Statistics stated the hospitality industry employs more teenagers than any other industry. Many teenagers use restaurant jobs to obtain job experience to later move on to another career, affecting the turnover rate. In other cases, better opportunities at other restaurants can be a reason for high turnover. Although some factors can be out of an operator’s control, there are some areas that can be finetuned to improve job satisfaction. According to Investopedia, after factoring in the entire hiring process, hiring an hourly employee can cost close to $3,500! With this in mind, restaurant operators should put emphasis on one of their biggest investments—their employees.

Here is a handy list of how to avoid restaurant turnover and boost retention to create a better work environment.

Prioritize Onboarding and Training Staff members that don’t receive proper training are typically unhappier than ones that do. Lack of training can leave employees feeling unaccomplished and unsupported. Usually, their lack of training will end up costing your restaurant more than it would to take the time to onboard the employee. Put a training program in place so that new hires feel successful in their role.

Advanced Scheduling One of the key ingredients to a happy employee is work/life balance. No one likes to have to constantly reschedule plans because they found out they will be working tomorrow after all. Employees need advanced scheduling. Give staff members at least two weeks’ notice of their work schedules so they have time to plan accordingly.

Avoid Double Shifts Occasionally, working both a lunch and dinner shift can be a good time for restaurant staff to pick up some extra cash. However, when it becomes a frequent occurrence, it can be hard for your employees. Long double shifts are hard on the body, as well as on the mind. Exhaustion, mental fatigue and overall body pain are common effects of working constant double shifts.

Encourage Tipping For non-table service restaurant staff, getting tips can be tough. Find ways to encourage tipping from customers so your employee can receive a little extra money for a job well done. Consider adding a tip line to your receipts or even a tip jar. Don’t be scared to get creative with your tip jars either! Catchy tip jars are far more effective than plain ones.

Employee Morale A surefire way to reduce turnover is to show employees you care. One of the first ways you can do this is by providing free meals or discounted meals to your staff. Other ways you can boost morale is to recognize achievements, choose an employee of the month, feedback surveys, and contests and/or giveaways.

Occasional Shift Choice This probably isn’t feasible 100 percent of the time, but occasionally allowing employees to choose their shifts is another great way to boost morale. Some shifts/days may work better for employees’ schedule outside of work or some may be more productive during certain shifts.

Exit Interviews Restaurant owners hate to see employees quit, especially good ones. Conducting an exit interview is a great way to gather information about how employees felt about their time at your restaurant. Look for trends in employee concerns so that you can make adjustments in the future. Some employees might not feel comfortable being completely honest with a fellow restaurant employer. If you don’t have a human resources department, you may have to look into hiring a third party to conduct the interview.

Embrace Technology Some may be more comfortable with traditional restaurant solutions such as kitchen printers and paper tickets, but modern solutions tend to create a more efficient work environment. Ticket times will be faster, customers will be happier, and your front-of-house and back-of-house will be less chaotic, leading to a much more enjoyable workplace for your employees.

Emily Wimpsett is a content & social media specialist at QSR Automations. She attended Indiana University Southeast and holds a degree in communications focused on advertising. z

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LEGAL BITES

By Montserrat Miller

Are your employment practices setting you up for a discrimination claim? The Department of Justice (DOJ) recently reached a settlement against a pizza restaurant franchisee with 31 locations in Florida for $140,000. Why? To answer that question we need to unpack the onboarding process and focus on the Employment Eligibility Verification form (the “Form I-9” or “I-9”). It is important for leaders within the quick service industry to understand the employee onboarding process to avoid claims of unlawful discriminatory practices under the Immigration and Nationalit(INA). First, the basics. All employers must complete a Form I-9 for any new hire within three business days of hire, regardless of whether a company or franchise has three or 300 employees. The form is issued by the U.S. Citizenship and Immigration Services (USCIS) and its purpose is to document a new hire’s identity and work authorization. Separately, if an employer participates in E-Verify they must create a case in the electronic employment eligibility verification system through USCIS within three business days of hire. It is a tight timeline, but failure to do so can lead to a substantive violation under the INA. Civil penalties start at $216 per form and may increase to $2,156 per form.

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Civil penalties start at $216 per form and may increase to $2,156 per form.

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When completing the Form I-9 there are certain rules employers must follow. Most importantly, providing these documents whenever a new employee is hired: the two-page Form I-9, including the Lists of Acceptable Documents, and the Instructions for Form I-9, Employment Eligibility Verification. 24

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The two-page I-9 form, which is supported by a 65-page Handbook for Employers (M-274), the Instructions booklet and an entire section on USCIS’s website, appears simple but commonly trips up employers. Ensuring compliance is particularly important given that the current administration is prioritizing enforcement of immigration laws in an effort to protect American jobs. There are two main parts to completing the Form I-9. A new hire must complete section 1 of the Form I-9 and may do so either before their first day of hire, if they have been offered employment and accepted the offer, or, on their first day of employment. The employer then must complete section 2 of the Form I-9 within three business days of when the individual begins to work for pay. Section 2 of the Form I-9 is where an employer’s hiring practices could run afoul of the anti-discrimination provision of the INA. Now for a quick recap of the antidiscrimination provision of the INA. The Immigrant and Employee Rights Section (IER) of the DOJ enforces the anti-discrimination provision of the INA found in the U.S. code. This federal law prohibits three things: citizenship status discrimination and national origin discrimination in hiring, firing, or recruitment or referral for a fee; unfair documentary practices during the Form I-9 and E-Verify process; and retaliation or intimidation for raising a discrimination claim. As previously mentioned, the DOJ recently reached a settlement related to an investigation into unfair documentary practices against a pizza restaurant franchisee with 31 locations in Florida for $140,000. The allegation was the chain, Pizzerias, “routinely requested that lawful permanent residents produce a specific document—a Permanent Resident Card—to prove their work authorization, while not requesting a specific document from U.S. citizens.” The DOJ alleged that Pizzerias had a pattern or practice of requesting a List A document, the Permanent Resident Card, from newly hired lawful

permanent residents because of their citizenship status, while not asking the same of U.S. citizens. This action is not acceptable because a lawful permanent resident, like any other individual who completes the Form I-9, may present any of the documents listed in the Lists of Acceptable Documents as long as it is either a List A document (e.g., permanent resident card, U.S. passport) or a List B and List C document (e.g., driver’s license and unrestricted Social Security card).

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Ensuring compliance is particularly important given that the current administration is prioritizing enforcement of immigration laws in an effort to protect American jobs.

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In addition to the civil penalty, Pizzerias must now post notices informing workers about their rights under the INA’s antidiscrimination provision, train their human resources personnel, and be subject to departmental monitoring and reporting requirements. Separately, in 2015, a major fast-food restaurant chain was the subject of a DOJ investigation into claims that the corporate-owned restaurants (not the franchises) engaged in a pattern or practice of discrimination during the re-verification process for lawful permanent residents. Specifically, they re-verified expiring Permanent Resident Cards of lawful permanent residents. That practice is not acceptable and the company was fined $355,000. In summary, here are some general practical tips when completing the Form I-9 to avoid discrimination in the employment eligibility verification and re-verification process. •

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establishing their legal status or work authorization in the United States. For example, if a new hire checks the box in section 1 that they are a lawful permanent resident or an alien authorized to work and then proceed to provide a lawful permanent resident card (a “green card”) or an employment authorization card (a “work permit”), a discriminatory practice would be to ask that individual for additional or different documentation, such as their Social Security card. There are no gold stars awarded for completing section 2 of the Form I-9 by completing List A, B and C. Just because a new hire states they are a lawful permanent resident does not mean they must provide their green card as proof of work authorization. Do not re-verify an expiring green card. Employers participating in E-Verify must post an English and Spanish version of not only the E-Verify participation poster, but also the IER’s “Right to Work Poster.” Both can be accessed through an employer’s E-Verify account.

This article originally appeared in the full-service restaurant magazine FSR. Montserrat Miller is a partner in the Washington, D.C., office of Arnall Golden Gregory LLP. Miller counsels and defends companies regarding their hiring practices and compliance with the government’s Form I-9 and E-Verify employment eligibility verification requirements. Her practice includes defending employers in civil and criminal workplace investigations, and conducting immigrationrelated internal investigations and Form I-9 audits. She served as a member of the American Immigration Lawyers Association’s (AILA) Verification and Worksite Enforcement Liaison Committee. She blogs at Workforce Compliance Insights and can be reached at 202-677-4038 or Montserrat.Miller@AGG.com. z

Never specify which document(s) an individual must present for purposes of completing the Form I-9. Individuals can choose any of the documents from the Lists of Acceptable Documents and can show either a List A document (e.g., U.S. passport) or a List B and List C documents (e.g., driver’s license and unrestricted Social Security card). Non-U.S. citizens should not be asked for additional or different documentation D ECEMB ER 2 0 1 7

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a la carte A sampler of hospitality-related news stories

SERVSAFE LAUNCHES UPDATED ALCOHOL ONLINE COURSE AND EXAM To continue its commitment in providing responsible alcohol service training, ServSafe recently launched the third edition of the alcohol online course and exam. ServSafe Alcohol is the industry’s trusted training program dedicated to providing unparalleled responsible alcohol service training. This program prepares bartenders, servers, hosts, bussers, valets, bouncers and all front-of-house staff to effectively and safely handle difficult situations in your operation including: alcohol law and your responsibility; how to appropriately handle difficult situations; recognizing and preventing intoxication; and how to properly check customers’ identification. For more information on the ServSafe alcohol course or other ServSafe courses, visit www.ncrla.org. z

MANTEO TO MURPHY RAISES $165,000 FOR INDUSTRY ADVANCEMENT

CHARLOTTE EVENT RAISES $16,000 FOR NCRLA PAC

Approximately 300 industry leaders gathered for a night of incredible food, drinks, and impressive silent and live auctions on Oct. 23, at the annual North Carolina Restaurant & Lodging Association and National Restaurant Association political action committee (PAC) fundraiser, Manteo to Murphy. Hosted at the Angus Barn Pavilion, the event raised more than $165,000 to support industry advocacy and advancement.

On Sept. 25, the North Carolina Restaurant & Lodging Association hosted its annual Charlotte political action committee (PAC) event, the Uptown ‘Que & Brew, at the new SpringHill Suites Hotel in Uptown Charlotte. The event raised $16,000 in support of candidates who help promote and protect the hospitality industry in North Carolina. One-hundred industry leaders, including several politicians from the Queen City area, gathered for a night of barbeque, beers and bidding on an extensive silent auction.

NCRLA thanks the following event hosts and co-hosts for their support and contribution: Van Eure and Steve Thanhauser, The Angus Barn; Lance Trenary, Golden Corral; Billy Sewell, Platinum Corral; Andy Blanton, McLane Foodservice; Bob Luddy, CaptiveAire Systems; Tommy Haddock, Tri-Arc Food Systems (Bojangles’); Burney Jennings, Biscuitville; Lou and Joy Moshakos, LM Restaurants; and Gaurav Patel, Social House Vodka. z

(Left to Right) Rep. John Torbett, Rep. Harry Warren, Rep. Jason Saine, Vinay Patel of Sree Hotels, Lynn Minges of NCRLA, Rep. John Bradford and Sen. Tom McInnis gather at the Charlotte PAC event to raise funds and awareness for industry issues.

Lynn Minges, President and CEO, NCRLA, Doyle Parrish, CEO, Summit Hospitality, Randy Kolls, General Manager, Washington Duke Inn, and Shelley Kolls getting in on the silent auction bidding action. 26

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NCRLA thanks the following legislators who attended the event: Sen. Dan Bishop (Mecklenburg), Rep. John Bradford (Mecklenburg), Rep. Mark Brody (Anson), Rep. Jason Saine (Lincoln), Rep. John Torbett (Gaston) and Rep. Harry Warren (Rowan), as well as staff from Sen. Jeff Tarte’s office and the mayoral campaigns of Vi Lyles and Kenny Smith. z

North Carolina Employment Law Distinctions

Employment “At Will” An “at will” employee may quit or be fired at any time and for any reason or for no reason at all. However, no “at will” employee may be fired for a reason that violates public policy or is prohibited by law. If an employee has a contract for a definite term of employment, then the employee is not an “at will” employee.

Blacklisting, N.C.G.S. § 14-355 This statute provides it is unlawful for an employer, or its agent, to prevent or attempt to prevent a discharged employee from seeking employment elsewhere. It is also unlawful for an employer to seek or provide information concerning an employee’s exercise of a statutorily protected right, i.e., union activities, filing an Equal Employment Opportunity Commission charge, Title VII suits, etc. The statute does not prevent employers from furnishing in writing, upon request, a truthful statement regarding the reason for discharge. Employers have qualified immunity from liability for providing true information to prospective employers upon request regarding a former employee’s dates of employment, pay level, job assignment and performance. See, N.C.G.S. § 1-539.12.

North Carolina Controlled Substances Examination Regulation, N.C.G.S. § 95-230, et. seq. This statute regulates drug testing by employers who choose to do so. Among other things, employers must provide a notice outlining testing procedures, including notice of the right to retest a positive sample, to employees or prospective employees who will be subject to testing and obtain consent, in writing, before any sample is collected.

Lawful Use of Lawful Products aka The Smokers’ Rights Act, N.C.G.S. § 95-28.2 This statute prohibits employers from refusing to hire, discharging or discriminating against any employee or prospective employee because the individual engages in “the lawful use of lawful products” off the premises of the employer during non-working hours and such use does not adversely affect the employee’s job performance, the person’s ability to fulfill the responsibilities of the position in question or the safety of other employees. This statute also applies to employees who drink alcohol or use other legal products.

North Carolina Wage & Hour Act, N.C.G.S. § 95-25.1, et. seq. The N.C. Wage and Hour Act (“the Act”) sets out minimum wage and maximum hour requirements for employers that are not subject to the provisions of the Fair Labor Standards Act (FLSA). Unlike FLSA, the Act also regulates the actual payment of wages by employers, which may include compensation for sick pay, vacation pay, severance pay, commissions, bonuses and other amounts promised. Under the Act, all “wages” must be paid to employees on the regular payday, and upon termination of employment, all wages due must be paid on or before the next regular payday. Wages in the form of bonuses and commissions may not be forfeited unless the employee has been previously notified in writing of the forfeiture. The Act also contains specific directives regarding notice, which must be provided to employees regarding promised wages, the day and place of payment, any changes in wages, policies and practices concerning commissions, bonuses and vacation pay. If an employer fails to pay wages due to an employee, the employee has a private right of action against the employer and can recover double damages plus attorney’s fees.

NOTICE: This document is an informational summary provided by the law firm of Cranfill Sumner & Hartzog LLP. It is designed to provide helpful general information in these areas of our practice. To make this as compact as possible, we have given only the most general rules and information, and have not attempted to discuss exceptions. We invite those in need of further information to contact any of our attorneys in Raleigh, Charlotte or Wilmington.

For more information, contact Katie Weaver Hartzog at 919-863-8744 or khartzog@cshlaw.com.

AT Y O U R

FINGERTIPS

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