At Your Service, Fall 2017 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

October 2017 Issue, Vol. 6, Issue 3 www.ncrla.org

2017 Legislative Summary Play-by-play of 2017 legislative actions

NCRLA Names Chef of the Year Charlotte-area chefs win big at NC Chef Showdown Top 10 Health Department Violations The point values and how to avoid

Service, solutions and Service, solutions and expertise. The main expertise. The main ingredients in food safety. ingredients in food safety. With Ecolab as your partner, you’ll have less to worry about and more time to focus on what makes you great. We look at your unique operation. And offer With Ecolab as your partner, you’ll have less to worry about and more time to solutions that maximize efficiency and minimize costs. Your success depends focus on what makes you great. We look at your unique operation. And offer on satisfying your guests. You’ve got us to help. solutions that maximize efficiency and minimize costs. Your success depends on satisfying your guests. You’ve got us to help. www.ecolab.com 1.800.35.CLEAN

table of contents in every issue

Letter from the Chair and the President NCRLA Chair Michael Martino and President & CEO Lynn Minges

Welcome New Members NCRLA welcomes several new members from across North Carolina

Upcoming Events Network with North Carolina’s hospitality industry leaders at one of NCRLA’s upcoming events

Benefits of Membership NCRLA offers new, exciting benefits for members

A la Carte A sampler of hospitality-related news stories

NCRLExpo Expo moves to Charlotte in 2018 North Carolina Chef Showdown See who took home the coveted NCRLA Chef of the Year award

Legal Bites Stop workplace violence before it starts

Payment Systems Serve up the right solutions for your business

Tech Trends 4 reasons video is your new recruiting holy grail

Food Safety Top 10 health department violations and how to prevent them

Company Communications Authenticity is best served fresh

Legislative Review Key legislation from the 2017 session Grill Bill Get the facts on the Grill Bill

Overtime Rules How one year’s time can make a world of a difference

Future of Hospitality Golf Classic Fundraising for the industry’s future leaders

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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

MICHAEL MARTINO, Chair Sheraton Imperial Hotel & Convention Center

PHIL FRIEDMAN Salsarita’s Fresh Cantina

features

NCRLA EXECUTIVE BOARD OF DIRECTORS

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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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KNOWLEDGEABLE, RESPONSIBLE ALCOHOL SERVICE IS A PRIORITY FOR EVERY OPERATION IN KNOWLEDGEABLE,RESPONSIBLE RESPONSIBLE ALCOHOL SERVICE ISIS A FOR EVERY OPERATION IN IN IN KNOWLEDGEABLE, KNOWLEDGEABLE, RESPONSIBLE ALCOHOL ALCOHOL SERVICE SERVICE IS APRIORITY A PRIORITY PRIORITY FOR FOR EVERY EVERY OPERATION OPERATION ORDER TO PROTECT YOUR CUSTOMERS AND YOUR BUSINESS. OUR NEW SERVSAFE ALCOHOL ORDER TO PROTECT YOUR CUSTOMERS YOUR BUSINESS. OUR NEW SERVSAFE ALCOHOL ORDER ORDER TO TOPROTECT PROTECT YOUR YOURCUSTOMERS CUSTOMERS AND AND YOUR YOUR BUSINESS. BUSINESS. OUR OUR NEW NEW SERVSAFE SERVSAFE ALCOHOL ALCOHOL PROGRAM 3RD EDITION OFFERS PRACTICAL, REALISTIC TRAINING THAT HELPS MITIGATE THE PROGRAM3RD 3RD EDITION OFFERS PRACTICAL, REALISTIC TRAINING THAT HELPS MITIGATE THETHE PROGRAM PROGRAM 3RDEDITION EDITIONOFFERS OFFERSPRACTICAL, PRACTICAL, REALISTIC REALISTIC TRAINING TRAINING THAT THAT HELPS HELPS MITIGATE MITIGATE THE INHERENT RISKS SERVING ALCOHOL. INHERENT RISKS OF SERVING ALCOHOL. INHERENT INHERENT RISKS RISKS OFOF OF SERVING SERVING ALCOHOL. ALCOHOL. NEWPRODUCT PRODUCT OFFERINGS OFFERINGS NEW NEW NEW PRODUCT PRODUCT OFFERINGS OFFERINGS

USER BENEFITS USER BENEFITS

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•• ENCOURAGES REFRESHED REFRESHED DESIGN DESIGN WITH NEW NEW ACTIVITIES ACTIVITIES ••REFRESHED DESIGN WITH NEW ACTIVITIES EXPLORATORY LEARNING •• UPDATED ENCOURAGES ENCOURAGES EXPLORATORY LEARNING LEARNING ••ENCOURAGES EXPLORATORY LEARNING CONTENT BASED ON RESEARCH AND INDUSTRY FEEDBACK • UPDATED UPDATED CONTENT CONTENT BASED BASED ONON RESEARCH RESEARCH AND AND INDUSTRY INDUSTRY FEEDBACK FEEDBACK ••UPDATED CONTENT ON RESEARCH AND INDUSTRY FEEDBACK

PROTECT YOUR CUSTOMERS AND PROTECT PROTECT YOUR YOURCUSTOMERS CUSTOMERS AND PROTECT YOUR CUSTOMERS AND YOUR BUSINESS WITH SERVSAFE

YOUR YOURBUSINESS BUSINESSWITH WITHSERVSAFE SERVSAFE YOUR BUSINESS WITH SERVSAFE © 2017 National Restaurant Association Educational Foundation (NRAEF). All rights reserved. ServSafe® and the ServSafe logo are trademarks of NRAEF. National Restaurant Association® and arc design are trademarks of the National Restaurant Association.

© 2017 © 2017 National National Restaurant Restaurant Association Association Educational Educational Foundation Foundation (NRAEF). (NRAEF). All rights All rights reserved. reserved. ServSafe® ServSafe® andand the the © 2017 National Restaurant Association Educational Foundation (NRAEF). All rights reserved. ServSafe® and the ServSafe ServSafe logologo are trademarks are trademarks of NRAEF. of NRAEF. National National Restaurant Restaurant Association® Association® andand arc design arc design are trademarks are trademarks of the of the ServSafe logo are trademarks of NRAEF. National Restaurant Association® and arc design are trademarks of the National National Restaurant Restaurant Association. Association. National Restaurant Association.

letter from the NCRLA Chair and CEO

With our economy near full employment, a key challenge for restaurants and hotels across our state is finding and retaining talent. And, to compound the problem, the projected job growth during the next decade in the hospitality sector across North Carolina is estimated at 15-plus percent. While a healthy economy is good for all, competition for qualified employees to fill vacant restaurant and lodging positions at all levels poses a real threat to business expansion and overall industry growth. Workforce issues are a major concern for most, if not all, of our members. In addition to competing for talent in a market with increased job opportunities and a wider offering of benefit packages, the current regulatory outlook for foreign-born workers is changing. The hospitality industry has a higher concentration of foreign-born workers than the overall U.S. economy—a welcomed and much appreciated group of individuals. As our country continues to debate comprehensive immingration policies, we need to consider how the hospitality industry will meet these workforce needs. A main objective of NCRLA’s is to enhance our industry’s position as the business of opportunity, aid in the development of our current and future workforce, and identify and share industry best practices in areas related to employment. But how is this being accomplished? NCRLA, in partnership with the National Restaurant Association and American Hotel & Lodging Association, is keenly focused on the lack of available workforce resources to our members and is working toward solutions including: • Conducting roundtable events with NCRLA members and federal, state and local representatives; • Maintaing a dialogue with legislative oversight committees to seek possible solutions; • Engaging member involvement in the 42 North Carolina ProStart Programs, currently educating 1,500 students across the state; • The development of a national apprentiship program, funded by the U.S. Department of Labor, that will train apprentices in restaurant, foodservice and hospitality jobs; • Management of scholarship programs through NCRLA’s foundation, the North Carolina Hospitality Education Foundation, providing nearly $50,000 to students and teachers in 2017 alone; • Partnerships with post-secondary schools to provide training and continuing education programs; and • Working with local workforce development boards to identify potential employees for our members (i.e. job fairs, NC Works job board). An upcoming opportunity NCRLA is particulary looking forward to is the first-ever Wake County Restaurant & Hotel Job Fair. NCRLA, partnering with the Capital Area Workforce Development, Greater Raleigh Convention and Visitors Bureau, and the Raleigh Convention Center, invites both employers and potential employees to learn about each other. The event is Wednesday, March 28, 2018, from 10 a.m. to 3 p.m., at the Raleigh Convention Center. Additional details are available at www.raleighhospitality.com. As this year winds down, workforce issues remain on our minds. NCRLA will continue to push the industry’s platform forward as we head into 2018 to help your businesses not just grow, but thrive. We invite you to join us as we address this growing challenge. Your opinions, engagement and persistance will help give this issue the attention it deserves.

Lynn Minges NCRLA President & CEO 6

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Mike Martino NCRLA Board Chair

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.

COMING

NEW

O CIAT IO PL

Together, the National Restaurant Association (NRA), North Carolina Restaurant & Lodging Association (NCRLA) and UnitedHealthcare offer special advantages for your NCRLA member business:

SS AA

Exclusive health care pricing and solutions for North Carolina Restaurant & Lodging Association members

SOON!

} Exclusive discounts on group medical plans and specialty benefits for NRA/NCRLA members* } New NRA Health Benefits Association Plan option for small employers in the hospitality industry â&#x20AC;&#x201C; COMING SOON! } Health care reform guidance and solutions } Wellness programs and services designed to help improve employee health, productivity and retention

Find out what the NCRLA and UnitedHealthcare can do for your business. Visit 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. 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. D30167 9/17 ÂŠ2017 United HealthCare Services, Inc.

NCRLEXPO

Expo moves west, Charlotte selected for 2018

The North Carolina Restaurant & Lodging Expo (NCRLExpo) will move to Charlotte, North Carolina, for its fourth edition. The 2018 event will be held Aug. 27-28, at the Charlotte Convention Center.

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The move to Charlotte comes at the request of exhibitors and attendees alike that would like to see the expo start rotating between Charlotte and Raleigh to better accommodate the local industry. â&#x20AC;&#x153;The goal has always been to alternate the expo between Raleigh and Charlotte on alternate years, but challenges with space availability in Charlotte has prevented that until now. This move makes the

Left: NCRLA staff shows off tailgatingthemed booth at NCRLExpo.

Left: Chefs from across the state performed cooking demonstrations for expo attendees.

show more convenient and accessible to both buyers and suppliers in the Charlotte region,” said Lynn Minges, president and CEO of the North Carolina Restaurant & Lodging Association. “We have seen solid support among the industry over the first three editions, but there is still a significant audience that we are not getting to the show. The decision and ability to rotate the event will give attendees in the western half of the state easier access to NCRLE,” added Stephanie Everett, Partner & COO, Exposition Development Company, Inc., which hosts the annual show.

Left: Vendors from across the country showed off products to benefit the restaurant and lodging industry.

NCRLExpo is the only event in North Carolina to bring together all sectors of the restaurant, foodservice, lodging and hospitality industries under one roof. For additional information on the show, visit www.NCRL-Expo.com. z

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welcome new NCRLA members NCRLA welcomes new members from across North Carolina Go to www.ncrla.org/membership to learn more about NCRLA and to download a membership application. New Allied Members Acroprint Time Recorder Co., Raleigh CE Rental, Inc., Raleigh City of Raleigh Public Utiities-FOG Program, Raleigh CurEat, Raleigh Flex Commercial Laundry Solutions, Naperville, Illinois Heba Salama Photography, Chapel Hill HRB Universal, Birmingham, Alabama Legally Mine, LLC, Orem, Utah McKeeman Communications, Raleigh State Pest Control, LLC, Central North Carolina The Butcher’s Market, Raleigh & Cary TriNet, Fort Mill, South Carolina New Lodging Members Cambria Suites, Durham Hampton Inn & Suites, Raleigh/Cary Hampton Inn, Winston-Salem Mother Earth Motor Lodge, Kinston Springhill Suites, Charlotte Unscripted Hotel, Durham New Restaurant Members All American Pub, Charlotte Big Apple Restaurant & Sports Bar, Fayetteville Brazwells Montford, Charlotte Burke Street Pub, Winston-Salem CB’s Tavern, Winston-Salem Chop House of North Carolina (3 locations) Crave Dessert Bar, Charlotte First Watch, Raleigh (4 locations) HarborSite Bar, Sneads Ferrry Hillsborough Bar Group, Hillsborough Iron Thunder Saloon & Grill, Davidson (4 locations)

J. Sam’s Place, Charlotte Level 7 Rooftop Bar, Raleigh Level Up Kitchen & Barcadium, Raleigh Linus & Pepper’s, Raleigh Little City Brewing & Provisions, Raleigh Lonerider Brewing Co., Raleigh Michael’s English Muffins, Raleigh MSMJ, LLC - Anne Bonny’s Bar & Grill, Wilmington Piedmont Restaurant, Durham Pillar Rooftop Bar & Kitchen, Asheville Pinpoint Restaurant, Wilmington Quanto Basta, Winston-Salem Rocksalt, Charlotte Ruckus Pizza, Raleigh (5 locations) Salty Bartender, Corolla Sante’, Matthews Savorez, Wilmington Southern Smoke BBQ, Garland Southminster, Charlotte Spring House Restaurant, Kitchen & Bar, Winston-Salem Tazza Kitchen, Raleigh & Cary Tee Time Sports & Spirits, Winston-Salem Tessa, Greensboro The Architect Bar and Social House, Raleigh The Bistro, Surf City The Green Light Bar, Raleigh The Pinhook, Durham Thirsty Souls Community Brewing, Mt. Airy US Culinary Inc, Flat Rock Vidalia, Boone Village Juice Co., Winston-Salem Vintage Sofa Bar, Winston-Salem Virgil’s Original Taqueria, Raleigh

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/sponsorships.

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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NCRLA 2017 NC CHEF SHOWDOWN

North Carolina culinary talents display skills at annual event Excitement filled the room in downtown Raleigh’s Market Hall as the 2017 North Carolina Restaurant & Lodging Association “Chef of the Year,” “Pastry Chef of the Year” and “Mixologist of the Year” were announced on Monday, Aug. 21, at the second annual NC Chef Showdown. Top culinary talents represented cities and towns across the state— Boone to Surf City.

service marketing specialist for the North Carolina Department of Agriculture and Consumer Services. The marketing arm of NCDA, “Got to be NC,” was the presenting sponsor of this year’s showdown.

“

The North Carolina culinary landscape has evolved with many restaurants and their chefs now being recognized as some of the most talented in the nation.

”

“Our sponsorship ties together the participant’s ability to create and cook while showcasing our state’s farms and regional food products in their dishes. It’s more than an opportunity, it serves our mission to support our state’s diverse agriculture economy,” Parrish added. This year’s top winners were a strong contingent from Charlotte. Chef Matthew Krenz, of The Asbury at The Dunhill Hotel, took home the 2017 Chef of the Year award for his “Krenz Ranch Beef Fat Sweet Potato Confit” made with sorghum and sweet potato puree, sweet potato chips, assorted peppers, goat cheese crema and microgreens. His food partner was US Foods.

“The North Carolina culinary landscape has evolved with many restaurants and their chefs now being recognized as some of the most talented in the nation,” said Tim Parrish, food

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Chef Ann Marie Stefany, Heirloom Restaurant, was named NCRLA Pastry Chef of the Year with her deconstructed “Coconut Apricot Cake” made with fig leaves, chanterelle mushrooms, chocolate dirt, smoked blackberries, chantilly and acorn candied pecans. Her food partner was Gordon Food Service.

Six top shelf North Carolina mixologists stirred up excitement at individual bars throughout the event space. Each bartender was paired with a selected North Carolina distillery. Three distinguished cocktail experts judged the libations on five target points: style, creativity, presentation, originality of the recipe and overall taste.

New to the competition this year was the Mixologist of the Year award. Amanda Britton, 204 North Kitchen & Cocktails, represented Muddy River Distillery, concocting the “Queen Charlotte’s Clarified Milk Punch” featuring the distillery’s Queen Charlotte Reserve Rum. The culinary competitors were judged in front of a panel of industry professionals based on the presentation and taste of the dish, as well as the best use and number of local North Carolina ingredients on each plate. The judges enjoyed their task, sampling all 16 dishes and interviewing each chef about the ingredients used and why.

“NCRLA values all types of culinary skills. Mixology is a culinary art, and one that should be celebrated. Cocktails can bring out unique flavors to enhance plated dishes,” said NCRLA President and CEO Lynn Minges. Attendees from across the state took part in the action, casting votes for their favorite savory and sweet dishes and cocktail in the People’s Choice Awards. The evening was co-hosted by Heidi Billotto, a Charlotte-based food writer and cook, and WRAL’s Ken Smith, a selfproclaimed foodie. Next year, the competition moves to Charlotte. Save the date for Monday, Aug. 27, the first night of the 2018 North Carolina Restaurant & Lodging Expo. For more information about the NC Chef Showdown, visit www.ncchefshowdown.com.

COMPLETE LIST OF 2017 WINNERS: • • • • • • • • • •

NCRLA Chef of the Year: Matthew Krenz, representing The Asbury at The Dunhill Hotel, Charlotte NCRLA Pastry Chef of the Year: Ann Marie Stefany, representing Heirloom Restaurant, Charlotte NCRLA Mixologist of the Year: Amanda Britton, representing Muddy River Distillery, Belmont People’s Choice Savory: Timothy Grandinetti, representing Spring House Restaurant, Kitchen & Bar, Winston-Salem People’s Choice Pastry: Julius Kalman, representing Vidalia, Boone People’s Choice Specialty Cocktail: Jesse Cortez, representing Graybeard Distillery, Durham Best Use of a Got to be NC Ingredient – Savory: Lil Lacassagne, representing Saint Jacques at The Burke Manor Inn, Gibsonville Best Use of a Got to be NC Ingredient – Pastry: Hannah Woociker, representing Highland Avenue, Hickory Most Creative Presentation – Savory: Timothy Grandinetti, representing Spring House Restaurant, Kitchen & Bar, Winston-Salem Most Creative Presentation – Pastry: Shelby Smith, representing Top of the Hill Restaurant & Brewery, Chapel Hill

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Chef Phillip Platoni of Southminster Continued Care Retirement Community in Charlotte, presents his dish to the NC Chef Showdown panel of judges The six selected North Carolina mixologists are: • Paul Campbell, Mister Bartender Port City, Wilmington; representing Covington Vodka Distillery, Snow Hill • Andrew Izreal, Bottle Cap Group, Charlotte; representing TOPO Distillery, Chapel Hill • Amanda Britton, 204 North Kitchen & Cocktails, Charlotte; representing Muddy River Distillery, Belmont • Jesse Cortez, Graybeard Distillery, Durham; representing Graybeard Distillery, Durham • Bob Peters, the Punch Room at the Ritz Carlton, Charlotte; representing Southern Artisan Spirits, Kings Mountain • Greg Schammel, LaRue Elm, Greensboro; representing Durham Distillery, Durham z

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2017 calendar of events Network with North Carolina’s hospitality industry leaders at one of NCRLA’s upcoming events. Learn more at www.ncrla.org/events.

OCTOBER

23.17

NCRLA Board Meeting NCRLA Offices, Raleigh 10 a.m. – 2 p.m.

NOVEMBER

14.17

Charlotte Chapter Meeting Springhill Suites by Marriott, Uptown Charlotte 10 a.m. – 12 p.m.

FEBRUARY

5.18

Annual Membership Meeting & NCRLA Board Meeting Sheraton Imperial Hotel & Convention Center, Durham 10 a.m. – 3 p.m.

MARCH

15.17

Asheville Lodging Association Location TBD 3 p.m. – 5 p.m.

FEBRUARY

5.18

Stars of the Industry Awards & Reception Sheraton Imperial Hotel & Conference Center, Durham 5:30 p.m. – 9 p.m.

28.18

Team NC ProStart Competition Boot Camp Wake Technical Community College, Raleigh 10 a.m. – 4 p.m. A t Y ou r Ser vi c e

NOVEMBER

MARCH

14.18

Manteo to Murphy, PAC Fundraiser Angus Barn, Raleigh 5:30 p.m. – 9 p.m.

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Wake County Restaurant and Hotel Job Fair Raleigh Convention Center 10 a.m. – 3 p.m.

NOVEMBER

3.17

ProStart Competition Skills Boot Camp Johnson and Wales University, Charlotte 9 a.m. – 4 p.m.

NOVEMBER

30.17

NC HEF Board of Trustees Meeting J. F. Kennedy High School, Winston-Salem 10 a.m.

FEBRUARY

25-27.18 NC ProStart Invitational Johnson and Wales University, Charlotte

APRIL

9.18

Charlotte Chapter Golf Classic The Golf Club at Ballantyne, Charlotte 9 a.m. – 3 p.m.

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LEGAL BITES

Workplace Violence Occurring at Alarming Rate: Time for Employers to be Proactive

It’s a news headline we’ve seen too often, including several times in recent weeks: another disgruntled employee or former employee has entered the workplace and killed or injured coworkers. What can you do to minimize the chances that your workplace will suffer such a tragedy?

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Employers Should Avoid “Wait-and-see” Approach Often the employee assailant previously exhibited warning signs of violence, including aggressive complaints about management, threats made to coworkers, or involvement in an ugly domestic, marital, or child custody dispute at home. But it is common for the employer to have failed to take any measures ahead of time to prevent the event. The pattern of employers failing to take proactive measures prior to these incidents is nothing new.

For years, many employers have ignored warning signs about disgruntled or “problem” employees. This is often borne in fear they will be held legally responsible if their attempted preventive measure fails and the employee later acts violently. Another concern is that they could be held legally liable for regarding an employee as disabled. However, the recent rise in the number of violent events involving disgruntled employees shows that employers can no longer use a “wait-and-see” approach. You must balance taking action that some may view as invasive versus ensuring the safety of those in your workplace. While you cannot accurately predict everyone who may present a risk of workplace violence, perhaps you can anticipate and head off some incidents. Consider adopting some of the following measures to protect employees from irate coworkers and others. 1. Review and Adjust Policies on Bullying and Unprofessional Behavior Many active shooters are current employees who have developed a grudge against a supervisor or coworker. Some, may have previously lodged oral or written complaints against management. Analyze any such complaints you receive carefully, looking for any signs of anger or aggression. Review and adjust your policies about unprofessional behavior, bullying, threats and workplace violence. Educate your employees to recognize unacceptable behavior, and train your supervisors to address it before it advances to actual violence. Adopt a zerotolerance policy for violent behavior. Have a process in place to monitor the behavior of terminated employees from the time they are told the news until they leave the worksite. Did they make threats? Do they have a history of bullying or unprofessional behavior? How will you respond if they do? 2. Pay Attention if an Employee is Served with Legal Process If a sheriff arrives to serve legal process on an employee, watch for red flags. If the employee becomes irate, consider trying to talk individually and calm the employee. Alert your security team if the employee makes threats. Hopefully a manager can avoid escalation, but you may have to ask security to escort the employee to an isolated area where they can meet with management.

You may want to ask the employee if they desire counseling, although this may be an inflammatory move—you will be the best judge of that. Offer administrative leave if a cooling-off period is appropriate. If the employee is especially antagonistic or you have heard reports of possible violent behavior, you may have to involve outside security or law enforcement from the outset. If the employee storms off prior to an opportunity to meet with them, ensure that any on-site security is aware of the situation and provides them with a photo of the employee. If you receive any threats, call the police in advance. Don’t wait for the irate employee to return. If necessary, you should consider retaining a private armed security service. Unfortunately, your local law enforcement department is often limited in how it can respond to threats and bad behavior. The prudent course may be to retain security for a certain period of time until things have cooled down. 3. Request Information from Employees who Seek Protective Orders Given the recent rise of violent events involving employees engaged in a domestic dispute at home, you should consider encouraging employees to tell you when they are involved in a dispute where violence may be a risk. This is especially the case when the employee has requested a restraining order. This is an evolving area of human resources and business management; you must balance being viewed as an employer who attempts to invade employees’ private home life versus later dealing with an active shooter situation. If an employee has requested a protective order, ask for a photograph of the recipient of the legal process. Provide the photo to any on-site security, reception employees and management. If the individual arrives at your workplace for any reason, have the designated company representative approach the individual in a calm manner, isolate the individual in a designated area and request that security respond to the situation. In any of these situations, you should obtain guidance from law enforcement and security professionals who can tailor their advice to your specific workplace. In order to have such advice available, you should establish relationships with professional security advisors now. 4. Educate and Train Your Employees Experts tell us that there are two types of workplace

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violence training: preparing for what could happen, and responding once something bad has already happened. Most employers have done neither. While there are no guaranteed signs that an employee is going to engage in violent acts, there are signs of unacceptable behavior that you can train your workforce to identify and address. Any training program should require every worker to at least view the Department of Homeland Security’s “Run, Hide, Fight” video about surviving an active shooter situation. You should also evaluate your individual workplace for exposure and devise specific solutions as you would for any potential safety hazard. We recommend you develop specific training based on your work setting, location, security layout, as well as general situational awareness. Consider professional instruction by an active shooter expert who can provide on-site, simulation-based training. 5. Revise Your Emergency Action Plan If you have more than 10 employees, you must develop a written Emergency Action Plan (EAP) when another Occupational Safety and Health Administration (OSHA) standard triggers the requirement to have an EAP. In addition, if fire extinguishers are available in your workplace, and if anyone will be evacuating during a fire or other emergency, you must have an EAP. At a minimum, the EAP must include the following elements: the means of reporting fires and other emergencies; evacuation procedures and emergency escape route assignments; procedures for employees who remain to operate critical plant operations before they evacuate; accounting for all employees after an emergency evacuation has been completed; rescue and medical duties for employees performing them; and names or job titles of persons who can be contacted. Now is the time to ensure your EAP is broad enough to cover management of an active shooter situation or respond to an active shooter. Do employees know what to do if such an emergency arose? Who calls the police? Where do the employees go? Do you have an on-site security presence? How do they respond? Have you rehearsed your response to such a situation? Given the recent rise of active shooter events, we anticipate that OSHA may begin to cite employers who fail to include responses to workplace violence incidents in their EAP.

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Conclusion Workplace shootings continue to occur at an alarming rate and yet many employers have not addressed this concern in their safety training programs. No perfect plan is currently available, but you should begin taking proactive steps to avoid these situations and minimize the risk to your workplace. If you have any questions about these developments or how they may affect your business, please contact any member of our Workplace Safety and Catastrophe Management Practice Group or your regular Fisher Phillips attorney. ________________________________________ *This Legal Alert provides an overview of a developing situation. It is not intended to be, and should not be construed as, legal advice for any particular fact situation.

Travis Vance is Of Counsel in Fisher Phillips’ Charlotte office. He has tried matters across several industries and various subject matters, including employment litigation, business disputes and matters prosecuted by the Mine Safety and Health Administration (MSHA) and Occupational Safety and Health Administration (OSHA). For additional information, visit https://www.fisherphillips.com/attorneystvance#Overview. z

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.

TECH TRENDS

By Ira Wolfe

4 Reasons Video is Your New Recruiting Holy Grail This article was originally published on ReWork, an online magazine about the future of work.

Get this: There is more video content uploaded to the web in a month than created for TV in the past three decades. The popularity and growth of online video is mind-blowing— video will account for 74 percent of all web traffic this year. The medium has become an untapped channel of content marketing for reaching and interacting with customers. So why aren’t more companies using it for recruiting?

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Video will account for 74 percent of all web traffic this year.

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The first goal for any recruitment campaign is to make sure candidates know you have a job opening. Since most job searches begin online, a successful campaign requires your job posting to be listed at or near the top of a jobseeker’s search. You can sponsor ads, but that can get expensive. Similar and even better results can be achieved by optimizing your content—and that’s where video can be a recruiter’s best friend. Reach a Bigger Audience For starters, Google loves video. Part of Google’s algorithm for search rankings considers the amount of time visitors stay on your website. And people tend to spend on average 2.6 times more time on pages with video than without. The longer visitors stay, the higher the ranking you should get. With higher rankings, your job openings are more likely to be seen. Since the ultimate goal is to get a candidate to actually apply for the job, video on a website landing page can increase conversions up to 80 percent. Drive More Engagement Studies also suggest that the more text there is on a page, the less visitors read. About 90 percent of the information our brains pick up is visual, and we process visuals

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60,000 times faster than we can process text. That is one of the reasons that many recruiting efforts fall short. Potential candidates look at the typical job posting—a copy-and-paste of a long, boring job description—and leave. Alternatively, the marketing value of one minute of video is equivalent to 1.8 million words, according to Dr. James McQuivey of Forrester Research. Video is also mobile friendly. That’s perfect for recruiting because nearly 90 percent of job seekers start looking for a job using a mobile device. Besides, video is watched on nearly every platform from smallscreen smartphone to mega-screen TV.

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About 90 percent of the information our brains pick up is visual, and we process visuals 60,000 times faster than we can process text.

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Get Creative

Video also provides a lot of room for creativity. The most engaging videos are “explainer” videos—short, fun and informational animations. A 15-second explainer video gets more views and is shared 37 percent more often than one that lasts 30 seconds to one minute. What type of video content works? While professionalism is important, “YouTube” quality videos, and even “selfies” in good taste “humanize” your company. Personal smartphones now capture high resolution images and you can’t get more authentic than that. Effective content may include a brief introduction from managers, a 30-second interview with a current employee, a glimpse into “a day in the life” at your company or just a brief announcement about job openings.

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Video on a website landing page can increase conversions up to 80 percent.

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Increase Social Awareness

Video alone won’t fill all of your open positions, but the reasons to incorporate online video into your larger recruiting strategy are compelling. If higher rankings and more engagement aren’t enough reason to convince you to add video, here’s a little more ammunition: Social media loves video, too. Nearly every company targets candidates who are also users of Facebook, Instagram or Twitter. On Facebook alone, 500 million people watch videos every day as of last year! And that’s just the tip of the iceberg. YouTube, which is owned by Google, reaches more 18-34 and 18-49 year olds than any cable network in the U.S., and 75 percent of business executives watch work-related videos at least weekly.

While many job boards don’t allow the placement of video, company career sites do (which is just one more reason every company needs its own career page). Video is no longer just a nice touch—it’s an essential strategy.

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The most engaging videos are “explainer” videos— short, fun and informational animations.

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Ira Wolfe is a nationally recognized thought leader in workforce trends and an expert in employee and career assessment testing. Wolfe is president of Success Performance Solutions, a pre-employment and leadership testing firm he founded in 1996. A prolific author, columnist and business blogger, he forecast what he called “The Perfect Labor Storm” in the late 1990s. Over 15 years later, many of his predictions about the future of the workforce have become reality while other changes are unfolding. OCT OB ER 2 0 1 7

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FOOD SAFETY

The top 10 health department violations: What are the point values and how to avoid them?

Each and every day health inspectors are in and out of restaurants performing inspections and hanging scores on the walls for all to see. How does your restaurant measure up to counterparts across the state?

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Through partnership with the state health department, the North Carolina Restaurant & Lodging Association was able to access information on the top 10 most common critical violations. The safety requirements, are referred to exactly as they appear on the stateâ&#x20AC;&#x2122;s health inspection form in the order of most common violation. Also listed is the cost of the violation, or point value, next to each one to provide a sense of the impact to the overall score.

Food contact surfaces: cleaned and sanitized. Point Value: 3

Proper date marking & disposition. Point Value: 3

Proper cold holding temperatures. Point Value: 3

Handwashing sinks supplied & accessible. Point Value: 2

Food seperated & protected. Point Value: 3

Toxic substances properly identified, stored & used. Point Value: 2

Proper hot holding temperatures. Point Value: 3

Proper eating, tasting, drinking or tobacco use. Point Value: 2

Hands clean & properly washed. Point Value: 4

Time as a public health control. Point Value: 2

Add it all up and these violations lead to a whopping 27 points, with most carrying the highest point values assigned to an item. This makes sense, as these items are the most hazardous and lead to a higher likelihood of causing illness through foodborne contamination. If you need assistance or education on best practices on how to avoid getting marked for any (or all) of these violations on the top 10 list, contact Alyssa Barkley, who oversees health department regulations for NCRLA, at 919-844-7883 or abarkley@ncrla.org. NCRLA can offer guidance and access to training programs for you and your staff.

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Fresh

Authenticity is Best Served

Nowadays, it isn’t enough for business owners to simply walk the walk. Consumers are demanding organizations to be more socially conscious in practice and, through navigating 24-hour news cycles and social media streams, millennials have become adept at sniffing out insincerity in marketing. With these dynamics at play, the art of authentically sharing your brand and aligning with the communities you serve is as important as ever. So, who is doing it well in the restaurant and lodging industries? A great example is The Cantina in Asheville, whose owners Anthony and Sherrye Coggiola developed the Skip a Side program to help address hunger in their community. Each entree at The Cantina comes with two side dishes, and for each side “skipped” by the guest the $2 retail value is donated to MANNA FoodBank, a not-for-profit service organization dedicated to ending hunger in Western North Carolina. The program was even selected as a top 10 finalist in the USA Today competition, “A Community Thrives,” to be considered for one of three major grants. Whether it’s aligning with a meaningful cause, sponsoring a community event or hosting a social media contest, there are many opportunities for authentic storytelling to play a role in branding your business. Here are a few things to keep in mind: 1. KNOW WHO YOU ARE No company finds lasting success by doing the same thing as everyone else around them. Honing in on your organization’s mission and what separates it from the competition serves as a great starting point for authentic storytelling. With the differentiators topof-mind, you can carve out a path for creating an exclusive experience for your guests that speaks to what you stand for and what you want your company to mean to your customers. Ensure that your messaging is consistent in the way you treat your guests, the way you handle problems, and the way you position the brand across all forms of traditional and social media.

2. KNOW WHO YOU AREN’T If a big marketing campaign falls flat, oftentimes it comes down to relevance and believability. Spin can get in the way of your brand if it goes too far, and customers are less likely to come back if they feel they have been duped. Especially from a media relations perspective, being good stewards of accurate facts helps build credibility and trust with reporters. It’s certainly OK to get creative and appeal to different audiences, but it’s more important to base everything in fact and play to your strengths. 3. VALUE YOUR PEOPLE According to the White House Office of Consumer Affairs, 78 percent of consumers have ended a transaction due to bad service, and it takes 12 positive experiences to make up for one bad one. Especially in the service industry, it is real people who serve as the backbone of the business and interact directly with guests each day. Consider each employee an opportunity to create a brand ambassador. Educate them on company values and brand positioning, and create specific ways for them to get involved and be heard. These reminders might sound simple, but that’s the beauty of authenticity—inviting existing and potential consumers in to form a true relationship with the brand.

Kelly Propst Largemouth Communications 1007 Slater Road Suite 250 Durham, NC 27703 For more information about PR, social and digital media best practices, visit www. OCT OB ERlargemouthpr.com. 2 0 1 7 A t Y our S e rv ic e

LEGISLATIVE REVIEW

NCRLA goes the distance in 2017 long session The 2017 legislative session would best be described as a marathon, not a sprint. Beginning Jan. 11, the process ran six months with more than 1,600 bills filed. However, only 200 made it across the finish line, becoming law. During that time, the North Carolina Restaurant & Lodging Association tackled several big issues including fighting for a bipartisan solution to H.B. 2 and relaxing North Carolina’s blue laws to allow alcohol sales beginning at 10 a.m. on Sunday. The following is a summary of the major issues NCRLA worked on during the legislative session to protect and advance North Carolina’s hospitality industry.

HB 2 ROLL BACK Last year’s enactment of H.B. 2 cast a negative shadow across North Carolina on a national level. It seems as though all other legislative matters were stalled the first two months of session, as discussion focused solely on if and how to reverse the legislation. The Republican-led legislature battled and negotiated with the Democratic governor, as several compromise bills were filed and vetted but fell to the wayside despite NCRLA’s urging to find compromise. In the end, NCRLA supported H.B. 142, which finally brought relief to North Carolina’s business community and citizens, becoming law in late March. The bill makes the following changes: • Repeals the requirement that multiple occupancy bathrooms in public buildings offer only single sex occupancy; • Preempts any local government from regulating access to multiple occupancy restrooms, showers or changing facilities, unless it is done in accordance with an act of the General Assembly; and • Prohibits local governments from enacting or amending an ordinance regulating private employment practices or public accommodations until Dec. 1, 2020.

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Grill Bill NCRLA is always looking for ways to help loosen regulations hampering the day-to-day business operations of the hospitality industry. One example of this is S.B. 24, the “Grill Bill,” which allows food establishments to use outdoor grills to prepare food, provided that certain qualifications are met. Allowing restaurants to use outdoor grills gives the thousands of small businesses that make up North Carolina’s hospitality industry the freedom and flexibility to expand the products and services they offer guests and customers. The bill was passed and signed into law just in time for Memorial Day weekend. To read more about this bill, see page 32.

Early Sunday Alcohol Sales NCRLA has aggressively lobbied for greater flexibility in North Carolina’s alcohol laws for several years. One of NCRLA’s major priorities this session was to help pass a law allowing alcohol sales on Sunday morning’s two hours earlier, beginning sales at 10 a.m. instead of 12 p.m. After months of meetings, testimony from NCRLA members, hundreds of emails and phone calls, what was quickly dubbed as the “Brunch Bill” finally passed the General Assembly in the last few days of session and was signed into law by the governor. A major factor in the bill’s success was the decision to respect local choice by including an “optin” provision. The bill allows cities and counties to “opt-in” by passing an ordinance permitting earlier Sunday alcohol sales. Since passage, NCRLA has worked with more than 100 municipalities throughout the state, which have opted to allow earlier Sunday alcohol sales. While the “Brunch Bill” provision is the most well-known piece of S.B. 155, the bill makes other major regulatory reforms to North Carolina’s alcohol policy. Additional details can be found in NCRLA’s 2017 Legislative Summary featured on our website: http://bit.ly/2fkLWCT.

Game Nights for Nonprofits NCRLA diligently worked to see H.B. 511, “Game Nights for Nonprofits,” through the legislative process. The bill has been a major NCRLA priority in recent years. The bill seeks to level the playing field for nonprofits throughout the state by allowing them to host “game nights” or “Monte Carlo Nights,” provided certain restrictions are met. In its final form, the bill also increases the number of raffles and the total annual amount a nonprofit can host and provide during a year. Despite the bipartisan support seen in both the House and the Senate, Gov. Roy Cooper vetoed the bill in early July, citing concerns about it opening a loophole to potentially allow video poker. NCRLA believes these concerns are unfounded, as the bill takes extensive precautions and steps to ensure that no gambling of any sort would be allowed under the bill. NCRLA is working with the bill sponsors and proponents to see the veto overridden during one of the special sessions scheduled this fall.

Meals and Occupancy Taxes NCRLA successfully defeated two bills that would have allowed Brunswick County and Caswell County to adopt a meals tax. NCRLA diligently opposes any new meals tax, as these taxes unfairly target customers of one segment of the retail market to fund projects or facilities that the entire community benefits from. In addition, NCRLA worked tirelessly to ensure any new occupancy tax compiles with established guidelines. This session turned interesting when the Senate released their own guidelines, which reversed the formula used for proceeds allocation. Under these Senate guidelines, the bill to authorize Jacksonville, North Carolina, to use two-thirds of its occupancy tax for a local sports complex resurfaced, as did a provision to allow Hickory, North Carolina, to extend the sunset on its current non-compliant occupancy tax. While NCRLA defeated the Hickory proposal in committee, both provisions were added back into an occupancy tax omnibus bill, which passed both houses in the August special session. OCT OB ER 2 0 1 7

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Minimum Wage NCRLA fiercely opposed and defeated several bills that would increase the state’s minimum wage and other mandates on employment. While most of the legislation aimed at incrementally bringing the minimum wage up to $15 per hour over a course of a few years, others called for drastic alterations to the day-to-day operations of a business, requiring employers to give employees written estimates of expected shifts, visible notice of shifts two weeks in advance compensation for short notice changes or cancelations, and more. NCRLA will continue to oppose these measures that allow government to set and control wages and benefits rather than allowing the free market to take its natural course.

Budget This session, the House and the Senate’s initial budgets were uncharacteristically similar; in fact, they both featured the same overall spending number of at least $22.9 billion. In the end, the House and Senate agreed to a $23 billion two-year plan. Gov. Roy Cooper vetoed the budget, suggesting it shortchanged North Carolina’s workforce and schools. The veto did not stand, as the Senate and the House voted to override the veto in the final days of session.

Joint Employer Standard While the debate to fix the joint employer standard at the federal level continues, NCRLA worked to ensure that North Carolina’s current standard was codified into law. S.B. 131, a large regulatory reform package, featured NCRLA supported language, clarifying that neither a franchisee nor its employees shall be considered the employee of a franchisor for any purpose. Attempts were made to water this provision down, but NCRLA successfully preserved the traditional model.

NCRLA fought for several provisions to be included in the budget: • •

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Tourism Marketing: The twoyear plan incorporates $2.5 million for tourism promotion. Film and Entertainment Grants: The budget offers $15 million in grant funds to attract film and TV productions in 2017-18 along with $31 million for 2018-19. NC Welcome Centers: North Carolina welcome centers were under attack in original budget proposals. NCRLA worked to ensure that traditional funding resources continued to be provided.

For additional information, visit http://bit.ly/2fkLWCT or contact Kim Siomkos, NCRLA director of government affairs, at ksiomkos@ncrla.org. z

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.

GRILL BILL

Get the facts on the Grill Bill S.B. 24, “Allow Restaurants to use Outdoor Grills,” by Sens. Tom McInnis, R-Richmond, Jeff Tarte, R-Mecklenburg, and Jim Davis, R-Cherokee, was signed into law May 24, just in time for restaurants around the state to take advantage of outdoor grilling during the Memorial Day holiday weekend. This seemingly small bill has opened up a new world of opportunities for the hospitality industry, as chefs and restaurant owners use outdoor grilling to diversify and expand their menu offerings and overall dining experiences. For those who have yet to begin utilizing outdoor grilling, or those who are just starting out, here are the top five things you need to know about the Grill Bill: What type of grill can be used? Not all grills are created equal. The grill must be used for its intended purpose. A small camping grill

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or table top grill is not intended for commercial use. To be used in a commercial setting, the grill must meet the requirements specified for equipment in the North Carolina Food Code. Keep in mind, any commercial grill used for outdoor grilling must also meet the Grill Bill’s surface requirements. Are the Grill Bill requirements and the supplemental cooking room rules the same? No, the Grill Bill and North Carolina’s rules for supplemental cooking rooms are not one in the same. In fact, a few key differences exist. The Grill Bill requires raw meats, poultry and fish be pre-portioned or in a ready-to-cook form before being taken outside. If a restaurant or food establishment intends to cook food that is not pre-portioned, such as a whole roast, a supplemental cooking room is required. Supplemental cooking rooms also bring about the need for a handwashing sink. In addition to this and other added protections required of supplemental cooking rooms, a restaurant is not required to provide continuous supervision under the supplemental cooking room rules, as is the case under the Grill Bill. For the full list of construction standards for a supplemental cooking room, please see http://ehs. ncpublichealth.com/docs/rules/294306-26-2600.pdf.

How do I know which rule best applies to my outdoor set up? It depends. If an operator constructs a room (four walls and a ceiling) where the grill will be used, not just stored, it is more than likely the supplemental cooking room rules will apply. However, flexibility and overlap between the two standards does exist. Issues or gaps that arise between the two standards are often easily addressed by simply filing for a variance to make the setup work. The best action an operator can take is to work with the local health department ahead of time to make them aware of proposed plans and specifications. The North Carolina Restaurant & Lodging Association is here to help facilitate these discussions, which often save time and money. Does the Grill Bill apply to mobile food units? Absolutely. Mobile food units (food trucks) can use the Grill Bill to extend their product offerings as well. As long as all seven standards are met, any operator, mobile or not, qualifies. How do I store the grill when it is not in use? As part of helpful guidance offered by the Department of Health and Human Services— available on NCRLA’s website: http://bit. ly/2gqEpCY—operators are required to store the grill in an enclosed area, away from potential environmental contaminants. This does not necessarily require that the grill be mobile. However, the enclosed area must have walls and a roof, be considered clean and dry, and keep the grill away from splash, dust, or other contaminations.

OUTDOOR GRILLING REQUIREMENTS 1. The outdoor grill must be on the food establishment premises and constantly supervised while in use. 2. The grill must be on a concrete or asphalt surface. It’s cooking surface must be made of stainless steel or cast iron and meet the sanitation requirements for equipment in a food establishment. 3. The grill cannot be operated within 10 feet of combustible construction. 4. Overhead protection must be provided to open food and utensils unless it is equipped with individual covers (domes, chafing or cookers with hinged lids). 5. When not in use, the grill must be kept in an enclosed area protected from environmental contamination. 6. The grill and foundation must be cleaned any day it is in use. 7. Raw meats, poultry and fish must be preportioned or in ready-to-cook form before being taken outside and can only be handled with utensils while outside. Food prepared on the grill must be processed inside the food establishment.

For additional information on the Grill Bill, contact Kim Siomkos, NCRLA director of government affairs, at 919-861-0942 or ksiomkos@ncrla.org. z

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Remember that Time the Department of Labor Tried to Change the Rules on Overtime Pay? Last Fall, your inboxes were no doubt inundated with updates and warnings (including some from me) about the coming changes to the Fair Labor Standards Act’s (FLSA) overtime rules. Most notably, as of Dec. 1, 2016, the salary threshold for several “white collar” exemptions was set to increase from $23,660 per year to $47,476 per year. What this meant was many exempt employees were about to be rendered non-exempt.

injunction to the Fifth Circuit Court of Appeals. Before that appeal could be decided, however, the lower court issued its final decision, finding the government overstepped its bounds in revising the overtime rule. That final decision rendered the Department of Labor’s appeal of the preliminary injunction moot, and the department (now Trump’s Department of Labor) has said it will not appeal the lower court’s final decision.

Employers generally prepared for the upcoming changes in one of three ways: (1) Reclassifying employees who fell short of the new threshold as non-exempt; (2) raising salaries of employees on the cusp so as to maintain their exempt status; or (3) sticking their heads in the sand, hoping this was all just a bad dream. Well, it turns out option No. 3 may have been the right call.

So, what does all this mean? The overtime rule changes proposed by the Obama administration have died on the vine, and the salary threshold for so-called “white collar” exemptions will remain

As most of you know, on Nov. 22, 2016, a federal judge in Texas temporarily halted the implementation of the new rule. The halt was in the form of a “preliminary injunction,” which remains in effect only until the conclusion of a lawsuit. The Department of Labor appealed that preliminary

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$455 per week, or $23,660 per year, at least for now. The Department of Labor has requested input from the public on potential changes to the criteria used to determine exemptions for certain employees. Will Trump’s Department of Labor make another run at a rule change? That’s anyone’s guess. We’ll keep you posted.

CRANFILL SUMNER & HARTZOG 319 N. 3rd Street, #300 Wilmington, NC 28401 (910) 777-6011 btoups@cshlaw.com

Benton L. Toups is a partner in the Wilmington, North Carolina, office of Cranfill Sumner & Hartzog. His practice concentrates on representing businesses in all aspects of labor and employment law. He has represented employers before the Equal Employment Opportunity Commission, the Department of Labor, the North Carolina Industrial Commission, and several state and federal courts.

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a la carte A sampler of hospitality-related news stories

NCRLA TO HOST FIRST-EVER WAKE COUNTY RESTAURANT AND HOTEL JOB FAIR With hundreds of job openings in Wake County’s growing tourism industry the North Carolina Restaurant & Lodging Association, partnered with the Capital Area Workforce Development, Greater Raleigh Convention and Visitors Bureau, and Raleigh Convention Center, will host the first-ever Wake County Restaurant and Hotel Job Fair on Wednesday, March 28, 2018, from 10 a.m. – 3 p.m. at the Raleigh Convention Center. All hotels and restaurants within Wake County looking to fill both full- and part-time positions from entry to management level are encouraged to exhibit at the event. The cost to exhibit is $125 and includes a table, two chairs, two parking passes and two boxed lunches per exhibitor. Vendors can register at http://www.raleighhospitality.com/. Attendance is free for job seekers. z

GSA ANNOUNCES 2018 PER DIEM RATES

CALLING ALL VETERANS: NCRLA WANTS TO SHARE YOUR STORY

The General Services Administration (GSA) recently released the federal per diem rates for FY2017 that will go into effect Oct. 1, 2017. The standard continental United States (CONUS) rate for lodging increased from $91 to $93 per night. See the rates for non-standard areas at www.ncrla.org/perdiem. Federal per diem rates, used by government travelers to obtain hotel rooms at a standard discount, are established each year based on actual market data compiled and provided by Smith Travel Research. z

This Veteran’s Day, Saturday, Nov. 11, NCRLA wants to highlight the men and women of the hospitality industry who have also served in our country’s armed forces. These stories will be shared with local media, as well as on NCRLA’s social media platforms and e-communications. If you, or someone you work with, fits the bill, please let us know by emailing mkinney@ncrla.org with the person’s name, industry role and contact information. 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 ksiomkos@ncrla.org or Alyssa at abarkley@ncrla.org.

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TODAY.COM SHARES 8 REASONS KIDS SHOULD WORK IN RESTAURANTS In a recent article posted to Today.com’s community forum, David Wither, a leadership and professional sales coach, shared eight reasons why today’s kids should work in a restaurant environment. The article notes restaurant work, especially for teens and young adults, provides many important skills for future work life, and for building a happy, productive life. The eight reasons range from punctuality to team work. Read the full article at http://on.today.com/2vaaeWY. z

Developed by the National Restaurant Association Educational Foundation (NRAEF) and the American Hotel & Lodging Association (AHLA), HSRA is an earn-while-you-learn apprenticeship program created for the nation’s restaurant, foodservice and lodging industries. NCRLA with NRAEF and AHLA have actively recruited companies to participate in HSRA and saw a spike in interest since the White House issued its Executive Order on apprenticeship in June. Visit http://bit.ly/2hmlzgq to see who is participating. z

Several leading restaurant and hotel management companies, including some based here in North Carolina, have committed to registering 475 restaurant and hotel apprentices, surpassing the 450 apprentices’ goal for the industry’s first Hospitality Sector Registered Apprenticeship (HSRA) program.

SOURCE: TECHNOMIC CONSUMER SURVEY, 2016

INDUSTRY COMMITS TO 475 RESTAURANT AND HOTEL APPRENTICES 66% of diners prefer to eat proteins raised without antibiotics. So we’re proud to introduce Farm to Family by Butterball™— a new line of no-antibiotics-ever, all-natural turkey, raised on local family-owned farms and fed an all-vegetarian diet. It’s never been easier to meet the growing demand for cleaner labels. Learn more at butterballfoodservice.com/farmtofamily.

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FUTURE OF HOSPITALITY GOLF CLASSIC

Industry Raises $43,000 for NCRLA’s Foundation The Future of Hospitality Golf Classic presented by US Foods was held on Monday, June 19, at Prestonwood Country Club in Cary, North Carolina. Sunshine prevailed as more than 100 golfers gathered for a day of friendly competition, great networking, and amazing food and drink. The annual event raised nearly $43,000 for the North Carolina Hospitality Education Foundation (NC HEF). Throughout the day, golfers not only competed for the best overall foursome, but also participated in many hole competitions such as putting, hole-in-one,

most accurate drive, closest to the pin and the longest drive. Congratulations to John Kolls, Randy Kolls, Daniel Lotz and John Thompson representing the Washington Duke Inn, who took home the overall first place prize, an NC HEF grill set. Each year, NC HEF is fortunate to have the support of the North Carolina Restaurant & Lodging Association’s (NCRLA) membership through sponsorship, raffle donations, and delicious food and beverage donations along the golf course. This year, seven food vendors and nine beverage vendors graciously kept our golfers well fed and hydrated as they made their way around the 18-hole course. NCRLA thanks its members who sponsored the event and to those who played or purchased mulligan packages and raffle tickets. All event proceeds benefit NC HEF. NCRLA also thanks the volunteers who ensured the event was a success, including Patricia Smith, a ProStart teacher from Harnett County, and the Heartland Payment Processing staff. “Both the Charlotte and Cary NC HEF golf tournaments are amazing events that raise important funding to support the impactful work of our education foundation. It truly says a lot about our industry when they take the time to invest in educating the future of hospitality’s leaders,” said NCRLA President & CEO Lynn Minges. “We are stronger together.”

Above: Dan Katzenbach (Cranfill Sumner), Bill Hodsen (Towne Insurance), and Ron Selarno and Dan Freeman (Concord Hospitality) out on the course 38

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Above: Patricia Smith (left), a Prostart teacher from Triton High School, and Gigi Thompson of Heartland Payment Systems, served as witnesses for the putting qualifier

NC HEF provides scholarships to assist individuals pursuing educational opportunities in hospitality and tourism, supports educational programs through grants and school-to-career programs, and develops and provides continuing education programs for hospitality educators. As the philanthropic arm of NCRLA, NC HEF is committed to supporting the National Restaurant Association’s premier workforce development program, ProStart, for high school students pursuing a career in the hospitality industry. The Future of Hospitality Golf Classic directly impacts the ProStart program in North Carolina and the 41 participating schools across the state.

THANK YOU TO OUR SPONSORS! Presenting Sponsor:

Platinum Sponsors:

PANTONE Process Cyan C PANTONE Process Magenta C PANTONE Process Yellow C

F I S H E R D E S I G N

Butterball LLC

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company

Gold Sponsors: Linen and Uniform Rental Services

Silver Sponsors:

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PANTONE Process Black C

CONGRATULATIONS TO OUR WINNERS!

Charlotte RALEIGH

First place team representing Washington Duke Inn: John Kolls, Randy Kolls, Daniel Lotz and John Thompson Second place team representing US Foods: Todd Love, James Mason, John Roberson and Chad Tuttle Third place team representing the Angus Barn: Mike Erlichman, Scott James, Jim McGovern and Kevin Tuttle. z

Right: NCRLA President & CEO Lynn Minges and Chairman Mike Martino enjoying the successful event at Prestonwood Country Club

Beverage Cart Sponsors: Pinehurst Resort & Country Club, Carolina Ale House Contest Sponsor: Big Ed’s Restaurant - City Market Hole Sponsors: FHM Insurance, Platinum Corral, Orkin Pest Control of NC Food & Beverage: 42nd Street Oyster Bar, Angus Barn, Blackfinn Ameripub, Bojangles’, Fresh Point/Sysco, Gonza Tacos y Tequila, Tribeca Tavern, US Foods, Carolina Brewery, Durham Distillery, Dr. Pepper, Empire Distributors, Mash House, Muddy River Distillery, Pepsi Bottling Ventures, PepsiCo, Pig Pounder Brewery, S&D Coffee, Shelton Vineyards, Southern Glazer Wine & Spirits

Left: The 2017 FOH Golf Classic winning team from the Washington Duke Inn: (left to right) John Thompson, Randy Kolls and John Kolls (Daniel Lotz, not pictured)

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