The Dish | November 2020

The Dish A P U B L I C A T I O N O F T H E N E W H A M P S H I R E L O D G I N G A N D R E S T A U R A N T A S S O C I A T I O N

Issue No. 08 • November 2020 • Cover Photo: Tuscan Kitchen

Indoor Air Transmission

Cashless Tipping

The NH Promise

A NH company is formed to address the risk

A touchless payment solution to help guests and employees

page 5

A free COVID-19 certification program for the industry

page9

page 12

Inside YOUR GUIDE TO ISSUE NO.08

5

Indoor COVID Air Transmission

The NH company formed to reduce the risk of transmission

9

Cashless Tipping and the Power of Appreciation

A touchless payment solution

Dividers up at SmuttLabs.

12 The New Hampshire Promise

A free certification program in COVID protocols

13 Helping Feed Families Machina Kitchen and Artbar while Supporting Local Farms

Pouring at Schilling Beer Co.

completes 21-week partnership

14 NH's First Public

New ownership at Owl’s Nest Resort paves the way for exciting new developments

15 DOL Issues Opinion

Attending educational programs and traveling to remote work sites

19 Risk Insights

Combating workplace safety complacencies

Platform Tennis Facility

Letter

Cover Photo of Tuscan Kitchen. NH locations in Portsmouth and Salem.

Honoring veterans at Lou's.

Photo by Earl Studios. www.nhlra.com  | 2

Message from Our Outgoing Chair The following message appeared in the 2020 Stars of the Industry event program.

2020 has been a very challenging time. Our businesses faced struggles we never imagined, However, this industry has fought valiantly to remain strong. We have supported each other and our communities at every turn and we have shown we're resilient and determined.

If there was ever a year to celebrate the industry and each other, this is the year. It has been my honor to serve as your Board Chair and I wish you nothing but the best as we move forward to a brighter 2021.

Jay Bolduc General Manager, Great NH Restaurants 2020 Chairman of the Board, NHLRA

www.nhlra.com  | 3

2020 Chairman of the Board

Jay Bolduc Great NH Restaurants 2020 VIce Chair of Lodging

Gail Batstone Owl's Nest Resort & Golf Club 2020 VIce Chair of Restaurants

John Dunn Michael Timothy's Dining Group NHLRA President and CEO

Mike Somers NHLRA Director of Education and Workforce Development

Amie Pariseau NHLRA Membership Manager and Director of Workers' Compensation Trust

Samantha MacDonald NHLRA Social Media and Marketing Manager

Pamela Baker Ad rates and submission guidelines: nhlra.com www.nhlra.com  | 4

NH COMPANY FORMED TO

ADDRESS INDOOR TRANSMISSION OF COVID-19

“THE PRODUCT, CALLED A CLEAN AIR

s we move indoor for the

A

winter, the number of Covid-19

CURTAIN, PURIFIES

cases is beginning to rise rapidly.

THE INDOOR AIR IN A

This fact correlates to a recent study

in

Clinical

Infectious

ROOM TO THE LEVEL

Diseases highlighting the role of airborne spread of COVID-19 and the

importance

of

FAR BELOW THE VIRAL

efficient

ventilation. The study found that

CONCENTRATION

infected persons, who may be REQUIRED TO CAUSE

asymptotic, exhale millions of viral RNA particles per hour in

AN INFECTION.”

the early stages of the disease. In one study an outbreak affected 81% of the occupants, and 50% of the staff. It was studies like these which caused 239 expert scientists to sign a letter to the World Health Organization to recognize airborne transmission

issue. The product, called a Clean

infection can be reduce by 95% in

of

Air Curtain, purifies the indoor air

indoor environments.

COVID-19

as

the

primary

in a room to the level far below

mode of transmission.

the viral concentration required

One of the issues many small

based

to cause an infection. The device

restaurants and pubs face is they

company, Air Cleaners Inc, has

can be placed on a tabletop or

lease their place of business, as it

recently formed to address this

bar top and incorporates both a

is often part of a larger building,

issue.

the

HEPA filter and an Ultraviolet

and are reliant on the building

company are experts in the field

Light to “trap and kill” any and all

owners

of indoor airflow and air quality

pathogens

delivered from the central ONLY 19% HVAC

and have developed a unique

company has shown, through INFECTION

system.

product to address this

extensive

supercomputer

businesses in NH do not use an

simulation techniques, that the

air-based heating/cooling system,

risk of

instead using hydronic or

A

New

The

Hampshire

founders

of

in the RISK OF room.

The

forclean

fresh

Additionally,

air many

www.nhlra.com | 5

steam as heat in the winter. In

As winter approaches, it will be

from Air Cleaners Inc. represent a

these environments, it is essential

more difficult to introduce fresh

cost-effective

to add local air cleaners to the

air into our restaurants and pubs.

achieving that goal.

environment

With

to

reduce

the

declining

temperatures, opening windows

survive as airborne particles for

and/or introducing cold fresh air

hours. The addition of one or two

into a buildings heating system

of these units in a room can

will be prohibitive in cost. A very

reduce

of

good solution to this problem is

airborne pathogen transmission

to filter the indoor air as much as

to near zero.

possible. Solutions like those

probability

for

outside

spread of pathogens, which can

the

means

For more information: www.aircleanersinc.com

www.nhlra.com  | 6

Dear NHLRA Members, As many of you may be feeling eager to have 2020 behind us, we’re looking back at the bright spots; the association’s sense of community is more significant than ever. We appreciated seeing so many of you at the golf tournament and were delighted at the acknowledgements of the ‘Stars of the Industry’.

Being a part of this association puts us in great company to be able to assist people like yourself in the lodging and restaurant industry and help them find success. When you and your businesses need support, we’re here with the NHLRA to bolster you with great benefits for you and your employees.

We’ve strategically grown the firm this summer, adding only like-minded professionals who share our values to strengthen our partnership with you, to solve problems, establish plans and help protect your future. As we look forward to this unusual holiday season, we are thankful for all of the relationships we’ve cultivated as a part of such a hospitable association.

www.nhlra.com | 7

CASHLESS TIPPING AND THE POWER OF APPRECIATION

A

s hotels and restaurants begin to re-open and adapt to the contactless and cashless world of COVID19, fewer and fewer customers are carrying cash. With concerns about health and safety, most Americans now fear handling cash, preferring mobile, touchless payments. Some businesses aren’t accepting cash at all.

But there are unintended consequences when customers don’t have cash to tip and show their appreciation!

First, decreased income from lost cash tips has a disproportionately negative impact on minimum-wage workers – housekeepers, valet, bellman, and other tipped employees. (New York Times) Second, reduced earnings for tipped employees can have a cascade of unfortunate effects: Lower morale, diminished motivation, higher turnover, decreased service quality, and negative guest reviews.However, you quantify it, hotel owners and managers know how real these costs are, but have had no good way to solve them.

Cashless tipping offers a solution by enabling those employees who depend on cash tips to recover the lost opportunities for earnings.

As a touchless system, TipBrightly enables anyone to send a virtual tip by scanning a QR code or clicking a URL The guest verifies the recipient, enters the amount, and leaves feedback. Tips are anonymous and can be sent at any time. Transactions are securely processed by Stripe,a leading payments platform used by companies such as Instacart and Lyft. QR codes can be linked to individuals and teams and displayed in multiple ways -- integrated into signs, shared on social media, and printed on receipts. As a turnkey solution, TipBrightly can also be used to collect donations.

The system is working successfully in New Hampshire at Appalachian Mountain Club’s Highland Center, and at hotels in California, North Carolina, and Colorado, including Hilton Embassy Suites, Marriott Aloft and Kimpton. www.nhlra.com | 9

Picture taken prior to the pandemic.

"Once set up, TipBrightly worked immediately and smoothly. For guests and staff alike, TipBrightly is plug and play—the QR code works seamlessly and is easy for guests to understand and we could see the Stripe transactions immediately. Our servers and housekeeping staff really appreciate receiving tips from our lodge guests who increasingly travel without cash." – Jess Wilson, Appalachian Mountain Club, Highland Center Emily Grubb, General Manager of Highland Center explained that the adoption of cashless tipping communicates the positive message to staff that their employers recognize their value and financial wellbeing in challenging times. “Increased tips have made a difference for our employees and helped boost their earnings. We’re happy to have this in the dining room and also for housekeeping. ”Purpose-built for the hospitality industry and compliant with New Hampshire’s tipping laws, TipBrightly provides a fast and easy way to express appreciation from a social distance without losing the warmth of gratitude. The benefits of cashless tipping provide a win for guests, a win for employees, and a win for management. As NHLRA’s preferred vendor for contactless tipping, TipBrightly’s team is happy to help.

Visit TipBrightly.io or contact Elle Rustique, CEO of TipBrightly, at elle@tipbrightly.io for special discounts for NHLRA members.

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The New Hampshire Promise for Hospitality Employees he Community College System of NH T (CCSNH) and the NH Lodging & Restaurant Association (NHLRA) have teamed up to help restaurants and other eating establishments certify that staff are trained in COVID-related safety protocols. The “NH Promise” program provides free online training for all employees; just register and complete; it only takes a couple of hours. Workers who complete the course will be awarded a certificate from CCSNH. Establishments with at least 25 percent of front-line staff and all supervisors earning certification will be awarded an “NH Promise” decal to display publicly. It’s an additional layer of protection and reflects the industry’s commitment to both customer and staff safety.

The NH Promise program is available statewide to all employees in NH’s restaurant, food services, and lodging industry, free of charge.

Job-seekers may also complete the training at no cost, and will have a credential to use when applying for jobs in the hospitality sector. The NH Promise provides training based on the latest CDC and industry guidelines.

Click here to register. There is a 2-step process to register and sign into the training module. Once you submit your registration, you will receive your log-in to access the course within 24 hours (business days). www.nhlra.com | 12

Machina Kitchen and Artbar Helps Feed Local Families while Supporting Area Farms

By Danya Landis, Co-Founder, Partner, & Arts Director

W

e are very proud to have completed our 21-week partnership with The Community Kitchen, Inc. on the Monadnock Harvest Bridge project! We wanted to give a big shout out to Chef Ryan Nyland and Kristin Putt for taking the lead on this project!

Sarah Harpster from the Community Kitchen and Chef Jordan Scott worked together to purchase gleaned produce from local farms that were then prepared into finished products that could be frozen such as soups, sauces, and more resulting in 1495 pounds of product! This food will be used during the winter months to provide farm-fresh food to help fight hunger in our community.

"Ryan hopes that this project helps the community recognize the real people who are working in the back kitchens at restaurants."

The project built strong morale and motivation within our staff, who felt very positively about giving back to their community. The project strengthened leadership and initiative within our staff and helped support some of our staff positions while the restaurant experienced limited sales due to pandemic capacity restrictions.

Chef Ryan took the primary responsibility for operating the project within the kitchen. He took charge of communicating with The Community Kitchen, choosing recipes, deciding which products to work with, and overseeing staff working on food preparation. He loved the concept behind the project and appreciated how it kept our staff busy. He noted that the work of preparing these foods for packing out and freezing is very different from the usual tasks in the kitchen and helped staff develop different skill sets. They developed speed at breaking down vegetables. Ryan hopes that this project helps the community recognize the real people who are working in the back kitchens at restaurants. He noted that sometimes the project made things hectic in his kitchen and it would be helpful to have more planning ahead and knowing what to expect. He noted that single ingredient projects were easier than soups and sauces. www.nhlra.com  | 13

Owl's Nest Resort Builds NH's First Public Platform Tennis Facility

New ownership at Owl’s Nest Resort has invested millions of dollars towards ongoing developments throughout the resort. This paved the way for us to create the first public platform tennis facility in NH at Owl’s Nest Resort!

There are four (4) heated courts equipped with flood lights, allowing for play all season long and well after sunset. Platform Tennis can be played by all ages and made as competitive or as aerobic as you want. Give it a try! You may just find your new winter activity.

The other ongoing developments that will soon complete the complex area are: a 20-court racket complex featuring eight (8) red clay courts, eight (8) pickleball, and four (4) platform tennis courts. Our tennis and pickleball courts open in the spring of 2021.

The Complex Area The courts are staffed from 10am-8pm daily, each court is equipped with flood lights that illuminate the whole surface so play can continue even when the sun goes down. Paddles are available for rent and for purchase at the Sport’s Nest, so no need to worry over equipment! Alcoholic and non-alcoholic beverages can be enjoyed on the courtside deck where fire tables, heaters, and outdoor furniture are situated to offer a comfortable resting spot between matches. Embrace the comradery and competitive atmosphere or enjoy a casual volley for a change of pace.

Leagues & Memberships: Volley with a friend or sign up for one of our round robin leagues! They are a fantastic way to get introduced to the sport. Owl’s Nest offers weekly leagues and bi-weekly clinics, they are open for all ability levels; beginner to competitive.

Memberships are available for a fraction of the cost of a ski resort season pass! Additionally, 2020/21 Platform Tennis Members receive: Waived court fees 30-day pre-booking for court times Access to our member directory to find playing partners 10% off Sport’s Nest merchandise 10 guest passes to be used throughout the season so you can bring a friend for 60% off the public rate.

Owl’s Nest Resort is here to provide year-round activities for our locals & tourists. Stay, play, or relax it’s all up to you! Book your court time or sign up for a membership today by calling the Sports Nest at (603) 726-3076 ext. 211. Visit owlsnestresort.com/platform-tennis for more information.

Don’t forget to visit our award-winning on-site restaurant Panorama Six82 for some post-gameplay dining and drinks! View our menus and make a reservation online at: owlsnestresort.com/panorama_six82/ www.nhlra.com | 14

DOL Issues Opinion Letters on

ATTENDING EDUCATIONAL PROGRAMS AND TRAVELING TO REMOTE WORK SITES

By Christopher T. Vrountas, Esq. and Allison C. Ayer, Esquire, Vrountas, Ayer & Chandler, P.C.

W

hile much of the country was heading to the polls on November 3, the United States Department of Labor issued two new Opinion Letters. In these letters, the DOL provides opinions on when employee time traveling to remote work sites and at voluntary training programs is compensable under the Fair Labor Standards Act.

programing for a variety of reasons. The employer provides funds for employees to attend these programs, attendance is entirely voluntary, and there is no benefit or penalty for attending the programs.

desire to maintain a professional license, and is sometimes directly related to the employees work.

Whenever the employer mandates training, it counts such training as work time, and pays the employees at their normal rates. If an employee attends a voluntary educational program during work hours, he or she is required to use PTO to cover the time. The employer represented to the DOL that attendance at voluntary educational programs is often, but not always, motivated by a

1. Attendance is outside the employee's regular working hours; 2. Attendance is in fact voluntary; 3. The course, lecture, or meeting is not directly related to the employee's job; and 4. The employee does not perform any productive work during such attendance.

The Compensability of Voluntary Educational Programs Depends Largely on When an Employee Attends the Program In Opinion Letter FLSA2020-15, the DOL responded to an inquiry from a healthcare provider whose clinical staff have ongoing continuing education requirements mandated by the employees' professional licensing requirements.

The employer also has a number of non-clinical staff who do not have such requirements, but might still engage in educational

The DOL then recited the general standards for determining whether attendance at educational programing is compensable work time, before providing its opinion on different scenarios provided by the employer.

Under FLSA regulations, attendance at lectures, meetings, and training programs generally need not be counted as worktime if all for of the following criteria are met:

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In addition to this general rule, there are "special situations" where training time may be excluded from a employee's work time even though it relates to the employee's job. One such situation exists where the employer establishes for the benefit of its employees a program of instruction that corresponds to courses offered by independent bona fide institutions of learning.

Voluntary attendance at such a program outside of working hours does not count as hours worked even if the program is directly related to the job.

Another exception exists where an employee, of his or her own initiative attends an independent program outside of work hours, even if the courses directly relate to the job.

With these principles in mind, the DOL analyzed the following six scenarios: 1. A nurse attends a webinar outside work hours that provides continuing education credits and relates to the job. The DOL opined that the time spent at this webinar could be unpaid because it was outside of work hours and satisfied the first "special situation" above.

Because the program satisfied licensing requirements for the nurse, the DOL determined that it likely corresponded to a course offered by an independent bona fide institution of learning.

4. An accounting clerk attends a webinar during work hours that does not provide continuing education credits and DOES NOT relate to the job. Even though the webinar did not directly relate to the employee's job, because it was during work hours, the time was compensable.

5. A nurse attends a webinar DURING work hours that provides continuing education credits and DOES NOT directly relate to the job. Because the webinar is during work hours, the time is compensable.

2. An accounting clerk attends a webinar outside work hours that DOES NOT provide continuing education credits and relates to the job. The DOL could not provide an opinion on this scenario, because, unlike Scenario 1, there was no basis to conclude that it corresponded to a course offered by an independent bona fide institution of learning.

3. An accounting clerk attends a webinar DURING work hours that does not provide continuing education credits and relates to the job. Because the webinar related to the employee's job and was attended during work hours, the time was compensable.

The DOL's solution, if the employer did not want to pay for such time, was to institute a policy requiring that such educational programs be attended outside work hours.

6. A nurse attends a weekend educational conference which provides continuing education credits, and some of which directly relates to her job; travel and non-educational portions of the conference occur during normal work hours. Time spent at the conference is not compensable, assuming it was truly voluntary and no actual work was performed, because it was outside of work hours and appears to correspond to courses offered by a bona fide institution of learning. Travel time would also be excludable, even though during the employee's normal workday, because it would be considered personal travel time for the employee's own convenience.

Based on the above analysis by the DOL, it appears that the dominant factor in

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determining whether hourly employees must be paid for voluntary training time is when the training takes place. If it takes place during the normal workday, it will surely be compensable. If an employee attends a training program outside normal working hours, it may still be compensable time if the program directly relates to the employee's job and the program is not considered comparableto a course offered by an independent bona fide institution of learning.

Travel to Remote Work Sites is Compensable in a Number of Situations In Opinion Letter FLSA2020-16, the DOL responded to an inquiry from a construction company that sends foremen and laborers to remote job sites under different scenarios. In all cases, the foremen are required to drive a company truck from the employer's place of business to the job site to transport tools and materials around the site and return the truck to the employer's place of business to secure it.

There were three different scenarios presented by the employer.

1. There are local sites where the foreman picks up the truck in the morning, drives to the site, and returns it at night. Laborers can choose to either drive directly to the site or drive the

employer's place of business in the morning and ride with the foreman.

2. There are remote sites between 1.5 and 4 hours away.

The employer pays for hotel accommodations and a per diem. The foremen pick up a truck at the beginning of the job, drive it to the site, and return it at the end of the job.

Laborers can choose to either drive their personal vehicle to the site or ride with the foreman.

3. In some cases with remote sites, the laborers choose to travel between the remote site and home each day rather than stay in a hotel.

The DOL applied the Portal-toPortal Act to the employer's questions about the compensability of travel time.

Under the Portal-to-Portal Act, travel to and from home or a place of lodging at either end of the workday is ordinary home to work travel that is incidental to employment and not compensable.

Travel to a designated place of work, however, must be counted as hours worked where an employee is first required to report to a meeting place to receive instructions or perform other work there, or to pick up and carry tools. In order to meet this test, however, the

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the activity for the employer must be both an intrinsic element of the employee's principal activities and one that the employee cannot dispense with if he is to perform his principal duties.

Under DOL regulations, travel to another city on a special oneday assignment is compensable worktime from which the employer may deduct the time that an employee would travel to his or her normal work site.

Travel that keeps an employee away from home overnight is travel away from home.

Whether travel is compensable depends on when and how the employee travels. Travel away from home during normal work hours, even on a nonwork day, is compensable.

The DOL, however, does not consider travel away from home outside of regular work hours to be compensable. If the employer offers a public transportation option, the employer can determine compensable time as if public transportation was used, even if the employee decides to drive.

Applying these standards to the above scenarios, the DOL determined that, in each scenario, the foreman's time driving a truck to or from the employer's place of business to or from the job site was compensable.

This opinion resulted from the fact that the trucks were necessary to transport tools and materials around large job sites and had

to be returned to the place of business to be secured after use at the job sites.

For these reasons, the DOL determined that retrieving the trucks, driving them to the sites, and returning them were integral and indispensable to the duties the foremen were hired to perform.

The issues presented by the laborers were more complex.

For local job sites, because they had the option to drive directly to the sites or ride with the foremen, this time was not compensable. For remote job sites, travel to and from the hotel was similarly not compensable.

Travel from home to the remote site at the beginning and end of the job, however, may be compensable, depending on a number of factors. If the laborer drives to the site, and the travel cuts across normal work hours, even if not on normal work days, the time is compensable. Similarly, if the laborer rides to the site as a passenger, the time is compensable if travel occurs during normal work hours, even if not on a normal work day.

Although the regulations only speak to a public transportation alternative, the DOL's opinion would allow an employer to provide its own transportation to employees (in this case, the foreman's truck), and count that time as compensable time, rather than the employee's own drive time. Finally, when an employee decides to return home every night from a remote work site,

only the first drive to the work site and the last return home at the end of the job are potentially compensable, as it was the employee's sole decision to return home every night for his or her own, personal reasons.

250 Commercial Street, Suite 4004 Manchester, NH 03101 (603) 782 - 8444 www.vaclegal.com

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Thank You OCTOBER RENEWALS Cosmos Pizza Barn Door Hostel Engraving, Awards & Gifts Omni Mount Washington Resort Shibley’s at the Pier Sheehan Phinney Bass & Green Portsmouth Brewery Half Moon Motel & Cottages Hanover Street Chop House Carriage House Restaurant Coppertoppe Inn & Retreat Center Meredith B&B Shaskeen Irish Pub and Restaurant

Almost There Sports Tavern & Restaurant HGP Cafe Salt Hill Pub & Cafe Strange Brew Tavern Polly’s Pancake Parlor Oar House Restaurant Giuseppe’s Showtime Pizzeria Purity Springs Resort The Notch Hostel Fratello’s & Homestead Restaurants Nazwa Resort Laconia Rod & Gun Club GKM Inc

NEW MEMBERS The Notchland Inn The Shanty Family Tavern

The Hammer Pub

Lazy Jack’s Watering Hole

Clean Air Inc MegaPrints iHeart Radio

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16 Centre Street Concord, NH 03301 | (603) 228 - 9585 | nhlra.com