The Dish | July 2021

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. 07

• July 2021 • Cover Photo: Midfield Cafe

Music Licensing FAQs

Server Sidework

The Teen Market

Are you saving up to 20% on BMI fees?

DOL revives the 80/20 rule and Includes a new 30 minute cap.

What does Gen Z want in a job?

page 10

page 11

page 21

Inside YOUR GUIDE TO ISSUE NO. 7

6

Members Around Town

8

What's Happening in NH Beer

The latest industry news

A festive 4th of July at Boardwalk Inn and Cafe.

An update from the NH Brewers Association on fun summer collaboration beer trail

10 BMI Savings and FAQs Answers to common questions about music licensing

11 DOL Proposes New

Reviving the 80/20 rule and Including a new 30 minute cap

16 Employee Discipline

A toolkit to help you learn more about employee discipline and what it entails

Rule on Server SideWork

The team at 603 Brewery & Beer Hall.

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Historic Milestone in Charitable Gaming

Boston Billiard Club & Casino hits $10 million in charitable donations

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Tapping the Teen Market

What does Generation Z want from a job?

22

Thank You

New members and renewals

Cover Photo by Pamela Baker of Midfield Cafe.

Staff Appreciation Day at Elm House of Pizza!

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NEW NH LRA Member Benefit!

Click he re to sig n up.

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2021 Chair of the Board

Gail Batstone Owl's Nest Resort 2021 VIce Chair of Lodging

Molly Rice-Norby Woodstock Inn Station & Brewery 2021 VIce Chair of Restaurants

John Dunn Michael Timothy's Dining Group

Patti Edson, GM of the Inn on Main and O Bistro Restaurant, and Executive Chef Elvis Moralez.

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 NHLRA Administration and Events Assistant

AubreyLynn Paquette 815 raised $728 for the FMAS Animal 815 raised $728 for the Shelter at their “Down for FMAS Dogs”Animal yoga Shelter at their “Down for Dogs” yoga and brunch.

Alex from Throwback Brewery with a fruit slushie.

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VOLUNTEER OPPORTUNITY At Families in Transition, our mission is to prevent and break the cycle of homelessness.

There are countless ways to get involved with Families in Transition. At the heart of everything we do are individuals and organizations that choose to donate their time, money, and services to help us make a difference in the lives of so many.

Volunteering within the agency is a great opportunity to really see our mission at work and to connect with our staff and participants. Some of these volunteer opportunities include shifts at the food pantry, serving a meal at the shelter, sorting donations at Outfitters, helping with building maintenance, and

supporting our staff with various administrative projects. We have opportunities for both individuals and groups as well as ongoing and one-time projects.

For more information and to sign-up for a 1hour virtual volunteer orientation please visit our website.

122 Market Street, Manchester, NH 03101 (603) 641-9441 info@fitnh.org www.nhlra.com | 5

NHLRA

MEMBERS AROUND TOWN RED JACKET MOUNTAIN VIEW RESORT NAMES NEW EXECUTIVE CHEF TO LEAD CULINARY TEAM

CHEDDAR AND RYE HOSTS MAKESHIP PROM NIGHT

M anchester School of Technology 2021 grads were still able to enjoy prom after COVID-19 restrictions canceled the school's original plans thanks to Cheddar & Rye owner Liu Vaine. Attendees enjoyed dancing, donated food

Red Jacket Mountain View Resort in North Conway recently appointed Jeffrey Naro as the Executive Chef for the iconic property. In his new role, Naro will oversee all culinary operations at the hotel’s various restaurant outlets.

NHLRA TEAM ATTENDS ISHA CONFERENCE

Liu Vaine and wife Eryka Machado.

Photo/Carol Robidoux

and soda, and complimentary photos. In the true spirit of hospitality, SteeVee Parsons, who works at CodeX in Nashua, one of Vaine's other properties, generously photographed all of the guests for free. Vaine's wife, Eryka Marchado, created a balloon arch backdrop.

COMMON MAN CELEBRATES SCHOLARSHIP WINNERS

C ongratulations to The Common Man Scholarship winners who are off to do big things in the fall! Vince Vella and Diane Downing of The Common Man congratulate Alli Ciardelli, Molly Palombo, Brandon Murphy, and Abigail St. Jean. Not pictured is Caleb Royce. Best of luck with your college studies!

NHLRA's Mike Somers with California Hotel & Lodging Association President and CEO Lynn Mohrfeld.

The NHLRA team connected with hotel trade groups from across the country at the this summer's International Society of Hotel Associations' conference. www.nhlra.com | 6

WHAT'S HAPPENING IN NH BEER

KEEP NH BREWING COLLABORATION BEER TRAIL

By CJ Haines, Executive Director, NH Brewers Association If you are looking for a Summer adventure while enjoying your travels around the State, look no further— the Keep NH Brewing Beer Trail is here! The NH Brewers Association has teamed up with 27 craft breweries across NH to create 23 individual IPA recipes, each one different and crafted with a unique twist for your taste buds to explore.

for NH's small and independent craft breweries.

Finally, we’d like to thank our 27 NH Breweries for taking part in this collaboration along with our industry partners— Amherst Labels, The Maine Malt House, Crosby Hops, and White Labs for their generous support and dedication to help #KeepNHBrewing!

Release dates will vary by location starting July 16 through the end of September. Grab your Keep NH Brewing Beer Trail and visit 18 or more of the participating locations for a chance to win an NH Brewers prize package!

You can feel good knowing that a portion of the proceeds will be donated to the NH Brewers Association— a nonprofit trade association protecting and advocating

Branch and Blade's NH beer.

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DOL Proposes New Rule on Server SideWork REVIVING THE 80/20 RULE AND INCLUDING A NEW 30 MINUTE CAP

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

Back in March we warned that the U.S. Department of Labor might make further revisions to the tip credit rules promulgated at the end of the Trump administration. That warning has now become reality. Late in June 2021, the DOL announced yet another proposed new rule to the Federal regulations governing when an employee may pay an employee a tip credit wage. This newly proposed rule (“the 2021 Proposed Rule”) would change the

Federal tip credit regulations that were propounded at the end of 2020 by reviving the wellknown 80/20 rule (with modifications) and adding a new 30 minute-cap on continuous side work As background, the Fair Labor Standards Act permits an employer to take a “tip credit” from the hourly wage of employees who customarily receive tips of at least $30 per month. When applied, the tip credit allows an www.nhlra.com | 11

employer to pay tipped employees a direct wage that is less than the full statutory minimum wage so long as those tips, when added to the direct wage, amount to at least the full statutory minimum wage. Importantly, the tip credit can only be taken for “tip producing work”. If a tipped employee is engaged in non-tipped work, that employee must be paid at least the full statutory minimum wage for the time spent doing that work, without any credit taken from it to be filled in by tips.

For years there has been debate and litigation regarding the limits of the tip credit. The issue has been how to decide what tasks performed by tipped employees are “tipproducing work” and which are not, and what standard should be applied to determine when and how to cap the amount of time spent on non-tip producing tasks when a worker gets paid the lower, tip credit wage. Federal tip credit regulations propounded at the end of 2020 (“the 2020 Regulations”) sought to address these issues once and

for all. They contained three essential elements: First, the 2020 Regulations prohibited employers from keeping tips received by their employees, regardless of whether the employer takes a tip credit under the Fair Labor Standards Act. Second, the 2020 Regulations eliminated the longstanding 20% rule (which prohibited an employer from taking a tip credit toward the minimum wage if the employee spent more than 20% of working time on non-tipped duties).

They replaced the 80/20 standard with a rule which provided that an employer may take a tip credit on ANY AMOUNT OF TIME an employee in a tipped occupation performs nontipped duties, SO LONG AS they those non-tipped duties are nevertheless related to and performed contemporaneously with tipped duties, and so long as such non-tipped duties are performed for a “reasonable time” immediately before or after performing the tipped duties. These regulations specified that a non-tipped duty would be construed as related to a tip-producing duty (and therefore payable at the tip-credit wage) if such duty is either listed in the dual jobs regulations propounded by the Department of Labor OR if such duty is listed as a task of a tip-producing occupation in

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the Occupational Information Network (“O*NET”). All other duties under the 2020 Regulations must be paid at the full minimum wage, unless the time spent in the task is de minimis.

Third, the 2020 Regulations allowed that tip pools established by employers may include employees who do not customarily receive tips (like cooks and dishwashers) only when all employees, including the service workers, are paid at least full minimum wage and none are paid the lower tip-credit wage. Under these regulations, back-ofthe-house employees CANNOT participate in a tip pool with service workers who are paid the lower, tip credit hourly wage.

Earlier this year, the DOL delayed effective date of the 2020 Regulations. The DOL has issued its new, 2021 Proposed Rule that contains even more potential changes to the tip credit regulations.

Briefly, the 2021 Proposed Rule has 2 main features: 1) it revives the old 80/20 rule and 2) it includes a 30 minute cap on continuous side work.

Under the 2021 Proposed Rule, the time employees spend on tip producing duties remains eligible for the tip credit. But, as far as other duties, the 2021 Proposed Rule permits the employer to take a tip credit only for work that directly supports tip-

producing work and, even then, only if that work is not performed for a substantial amount of time. This contrasts with the 2020 Regulations which permitted employers to take a tip credit for non-tip generating duties that were merely related to tip-producing work.

The 2021 Proposed Rule calls for eliminating the application of the task list of a tip-producing occupation in the Occupational Information Network (“O*NET”) that had been incorporated by the 2020 Regulations to determine what work could be considered to tip-producing work eligible for tip credit pay. In lieu of the task list, the 2021 Proposed Rule sets out examples of work that can be considered directly supporting tipgenerating work. One example mentions preparing items for tables so that servers can more easily access them and clearing tables. This suggests a much stricter standard for determining work can be treated as “side work” which may be compensable by the tip-credit wage.

The 2021 Proposed Rule revives the 80/20 rule to serve as the standard for determining when non-tip producing work becomes too “substantial” to be compensated by the tip credit wage. Work that is not tip producing work, even if it directly supports tip-producing work, will under the 2021 Proposed Rule be considered too “substantial” (and therefore not eligible for the tip-credit) if

the time spend on such work exceeds 20 percent of the hours worked during the workweek.

On top of the 80/20 rule, the 2021 Proposed Rule also adds a 30-minute cap for continuous side work. This means that, in addition to the 80/20 requirement, an employer will not be allowed to take a tip credit if an employee performs non-tip producing work (including work that is “directly supporting” of tip-producing work) for a continuous period that exceeds 30 minutes.

The 2021 Proposed Rule retains the standard from the 2020 Regulations regarding tip pooling. It calls for continuing the prohibitions against employers from keeping tips received by their employees, regardless of whether the employer takes a tip credit under the FLSA. It remains to be seen whether and if the 2021 Proposed Rule will be finalized. Comments may be submitted to the DOL until August 23, 2021. In the meantime, employers are welladvised to delay making any major changes to their policies and procedures. Remember, also that employers must continue to comply with applicable state laws regarding tip credits, which can be stringent than their federal counterpart.

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NH Eats Local Month partnerships are a no-cost, in-kind promotional partnership opportunity NH Eats Local promotes your business or organization as a partner and in return, your business or organization shares the NH Eats Local Month message of eating and supporting local in New Hampshire. Farmers, restaurants, food producers, eaters, fishers, hunters, foragers, ANYONE and everyone who loves local food will come together for 31 days of rallying around the bounty of our state.

Simply by being an NH Eats Local Month partner you will: Have your business or organization’s name and website featured on nheatslocal.com Access to our NH Eats Local Champion badges The opportunity for inclusion in all paid advertising and earned media and advertising A featured post about your business across the NH Eats Local channels, including email, social, and our blog The option for promotional support for any NH Eats Local events or mini-campaigns you plan or host

Sign Up Today!

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Employee Discipline

By Clark-Mortenson Insurance Employee discipline is an inherently

successful outcomes. With that in mind,

complicated topic. It involves carefully

this toolkit (full kit is available upon

navigating workplace policies and legal

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want to learn more about employee

resolution for everyone involved.

discipline and what it entails.

Depending on the circumstances, necessary disciplinary actions may be

Included within is an overview of employee

straightforward, or they may be

discipline, how it may look in practice,

complicated and require additional

relevant workplace laws, an overview of

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commonly used discipline-related policies, and a printable appendix.

Though potentially murky, employee discipline is a critical topic for employers

Reach out to Clark-Mortenson Insurance to

to understand. Not doing so could leave

receive the entire toolkit or to answer any

employers susceptible to costly legal

questions related to the materials, to learn

claims and other workplace consequences.

more about employee discipline or for help

Moreover, employers today use various

with other workplace topics.

disciplinary methods to proactively meet employee challenges and achieve www.nhlra.com | 17

Click here to request the full toolkit from our partners at ClarkMortenson Insurance.

Be safe with ServSafe

NHLRA's ServSafe Manager Certification Course Help your team protect against foodborne illness with the NHLRA's ServSafe training. The program blends the latest FDA Food Code, food safety research, and years of food sanitation training experience. Managers learn to implement essential food safety practices and create a culture of food safety. Certification is valid for five years and satisfies the "Person in Charge" requirement of the New Hampshire Rules for the Sanitary Production and Distribution of Food.

CLASSES AROUND THE STATE Through a third-party vendor, HRFoodSafe, the NHLRA regularly holds ServSafe training classes. Classes are offered monthly in Concord, Manchester, Nashua, and Portsmouth and throughout the year in Lebanon and North Conway.

ON-SITE PRIVATE CLASS OR EXAM If you have five or more employees, we can hold a ServSafe class or exam at your location. For more details, email Amie Pariseau at apariseau@nhlra.com.

Register or find a class near you at: https://www.nhlra.com/servsafe.html

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In June, St. Joseph's Community Services received a donation for over $87,000.

Boston Billiard Club & Casino Hits Historic Milestone Boston Billiard Club & Casino, one of the state's largest charitable gaming casinos, recently surpassed the $10 million milestone in charitable gaming donations. The popular Nashua club and casino started charitable gaming in 2016 after revamping its restaurant and billiard hall. Since then, its donated 35% of its proceeds every day to a local 501(c)(3) organization.

Earlier this summer, hundreds of New Hampshire residents guessed the date that the club and casino would reach the $10 million mark. The lucky winners will be

unveiled later this month. They'll receive $2,500 cash from BBC&C and the Rotary Club of Nashua will be donating an additional $2,500 to an organization in their network.

The celebration will continue with a big bash featuring the club and casino's nonprofit partners throughout the year. Organizations impacted by the donations include Symphony NH, CASA New Hampshire, United Way of Greater Nashua, the Boys & Girls Club, and many more.

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What does Generation Z want from a job?

TAPPING THE TEEN MARKET By the National Restaurant Association With restaurants facing a historic labor shortage, many operators are turning to teenagers—Generation Z—to help fill their job openings. Fast casual giant Chipotle is intensifying its Gen Z recruiting efforts by tapping into newer social media platforms like Discord and TikTok, while upping its efforts on Instagram, a favorite with Gen Z.

In May, Chipotle became the first company to conduct a job fair over Discord, an online platform where teens hang out together, playing games and chatting. Starting in July, Chipotle will accept video applications through TikTok Resume, an upcoming offshoot of the teen-centric videosharing platform TikTok.

"You can use the coolest platforms,” says Mike Miller, director of Talent Acquisition for Chipotle. “But the platform is just a tool; it’s an enabler to your message.”

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Choosing a medium for your message is only part of recruiting Gen Z, individuals born in the late 1990s and early 2000s, also known as “zoomers.”

“You can use the coolest platforms,” says Mike Miller, director of Talent Acquisition for Chipotle. “But the platform is just a tool; it’s an enabler to your message.”

Friends and fun. Chipotle promotes that team members “get paid up to $750 to work with friends.” “Have your crew become part of our crew,” the company encourages. Looking to hire 20,000 employees this year, the company launched a $200 bonus for referring a crew member and $750 for an apprentice or general manager.

Keep in mind what zoomers are looking for in a job:

"Teens want to work with their friends,” says Ken Whiting,

co-owner and president of Whiting’s Foods, which employs over 300 teens in a typical summer at its 26 concession outlets on the Santa Cruz, Calif., boardwalk. Whiting’s Instagram feed showcases teens playing pre-shift games and hanging out together at the beach after work. Team members earn $150 to $200 for each friend they bring onboard.

Resumé boosters. Whiting’s Instagram feed features successful employee alums fondly reminiscing about their time with the company. “The message is: You can start your career here,” says Margie Whiting Sisk, co-owner and vice president of Human Resources.

The counter-service jobs help teens develop people skills, teamwork abilities, and a sense of responsibility. For teens looking for an internship experience, Whiting’s offers opportunities to use their skills in writing, graphic design and social media.

Chipotle touts that motivated team members can learn transferrable skills or can stay and climb the career ladder. “In three-and-a-half-years, you can become a restaurateur [the company’s highest level general manager] earning six digits,” says Chipotle’s Miller.

A chance to make a difference. Gen Z’s are “looking for meaning,” Miller says. The company highlights its efforts in sustainability and its emphasis

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on “real ingredients” and “real purpose,” which resonate with adolescents. Whiting’s empowers teens to become “memory makers,” who help guests experience an unforgettable beach day. “That ice cream cone dipped in chocolate that you give to a 7year-old, that’s not just food, it’s part of the experience,” Sisk emphasizes to applicants.

Information transparency.

Zoomers aren’t satisfied with just being told to do something —they also want to know why.

“They’re used to getting answers anytime they want,” says Whiting. To quench their curiosity, the company includes explanations for all workplace policies in an online employee manual available 24/7.

Flexibility. Today’s teens want to set their own schedules,

working around school, activities and family vacations.

“We give them a ton of flexibility, but they need to play by the rules,” says Sisk. Team members simply specify their availability in advance. If they want a lastminute change, they’re expected to try to find a substitute themselves.

A sense of community. “Even though we’re a company with 94,000 employees, there’s a sense of family,” Miller says. The company spotlights diversity and inclusion in its “People of Chipotle” Instagram feed.

Whiting’s Food encourages its managers to get to know team members. “Find out at least one thing about them that doesn’t relate to their work,” Sisk advises. When a beloved teen employee took his life a couple years ago, Sisk and Whiting were heartbroken. In response,

Whiting’s launched its #YouMatter campaign to remind teens how important they each are, that they make a difference, and that they have a place in the company.

Financial incentives: Chipotle’s application numbers jumped after announcing a startingwage increase to $11-$18 per hour. Whiting’s “work more, make more” promotion incentivizes team members to schedule additional shifts, and has helped the company operate smoothly with fewer employees. Crew members receive a $1-per-hour pay bump for working four shifts in a week and a $2 hourly increase for working five shifts. Says Whiting, “It’s been a real win-win.”

RECENT GUIDES AND UPCOMING EVENTS FROM OUR PARTNERS AT THE NATIONAL RESTAURANT ASSOCIATION UNDERSTANDING THE WOTC A new slide deck explaining the federal WOTC hiring incentive.

EMPLOYEE RETENTION TAX CREDIT WEBINAR Maximizing Employee Retention Credit to put money back in your business

FACEBOOK LIVE: RFF FAQS Sean Kennedy, Executive Vice President of Public Affairs, answers your FAQs regarding the Restaurant Revitalization Fund. www.nhlra.com | 23

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HAVE A QUESTION OR CONCERN? Membership in the NHLRA means being a part of the only organization in the state dedicated to protecting, promoting, and educating our hospitality industry.

Contact us for questions or to share what issues are affecting your business. We're here for you.

GOVERNMENT AFFAIRS: Mike Somers msomers@nhlra.com MEMBERSHIP AND WORKERS' COMP: Samantha MacDonald smacdonald@nhlra.com EDUCATION AND WORKFORCE DEVELOPMENT: Amie Pariseau apariseau@nhlra.com SOCIAL MEDIA AND MARKETING: Pamela Baker pbaker@nhlra.com ADMINISTRATIVE AND EVENTS: AubreyLynn Paquette apaquette@nhlra.com NHLRA OFFICE: (603) 228 - 9585 info@nhlra.com

MEMBER SOLUTIONS Save time and money with NHLRA's endorsed service providers.

MUSIC LICENSING Members save up to 20% off music licensing fees for BMI and 10% off SESAC. HEALTHCARE SOLUTIONS Lower healthcare spending by 20% while improving employee experience through our Association Health Plan.

COMPLIANCE PORTAL Including risk management and safety tools, compliance support, and templates for training and safety manuals.

DENTAL INSURANCE Save up to 25% on dental insurance rates through our group buying program.

401(k) PROGRAM Establish a 401(k) program with minimal overhead under an NHLRA umbrella plan.

CREDIT CARD PROCESSING Receive a discount of up to 10% off of processing fees.

LIQUOR LIABILITY INSURANCE Save up to 20% off your liquor liability insurance premium.

PROPERTY INSURANCE You may be eligible for a 5% discount on property insurance.

MUSIC LICENSING Members receive an exclusive 10% discount on the subscription price and a 30-day free trial.

LEGAL SERVICES 30 minutes of free legal advice per incident, issue, or matter.

Need to retain their services? Receive a discounted rate.

WORKERS' COMP INSURANCE Our self-funded worker's comp trust returns dividends (on average) of 20-35%. www.nhlra.com | 25

RENEWALS Thank you to these renewing members in July 2021.

815 Cocktails & Provisions Alamo Texas Barbeque & Tequila Bar Cafe Meditterraneo Carlson's Lodge Cercle National Club Checkmate Workforce Solutions Comfort Inn & Suites - North Conway The Draft Half Moon Motel and Cottages Island Hospitality Management Jack Daniels Motor Inn Lamie's Inn & Old Salt Restaurant

Las Olas Taqueria Margate on Winnipesaukee Pease Golf Course - Grill 28 Revolution Taproom & Grill Shoppers Pub + Eatery at Indian Head Silver Sands Motel & Marina Southern Wine & Spirits of New England Stark Brewing Company Stark Village Inn The Courtyard by Marriott - Nashua Town & Country Inn and Resort Twin Lake Village

NEW MEMBERS Welcome to these new members!

Domino's Pizza - Concord Kingston 1686 House MrSippy BBQ Quality Inn & Suites - Gorham

Reeds Tavern Rodeway Inn Royalty Athletic Club Valley Inn

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Take Survey

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