The Dish- June 2022

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 & R E S T A U R A N T A S S O C I A T I O N

Issue No. 5 •

June 2022

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Cover Photo: Gunstock Mountain Resort

Hospitality Scholarships

Winnipesaukee Wine

Cornhole Tournament

The next generation of our industry is in good hands

The 15th Annual Wine Festival returns

Highlights from our first annual cornhole event

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page 9

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Inside YOUR GUIDE TO ISSUE NO.5

5

Members Around Town

Condolences and celebrations

7

The Next Generation

The Future of Hospitality Scholarships

9

Winnipesaukee Wine Festival

The 15th Annual Wine Festival benefiting Ukrainian refugees

New Hampshire

The NHLRA was honored to be part of this annual statewide Education Awards event

11 Excellence In

13 ProStart®

NHLRA Education Foundation Scholarship recipients

15 Arbitration

Speak up early and be consistent

17 2022 Cornhole

Highlights from the NHLRA cornhole event

18 NH Restaurant

Attracting and retaining employees during the great reshuffle

Scholarships

Clarification

Tournament Recap

Infrastructure Investment Program

20 Recipe For a Safe & Setting up your workplace for Successful Hire

safety success

Cover photo: Summer Fun at Gunstock Mountain Resort www.nhlra.com | 2

2022 Chair of the Board

John Dunn Michael Timothy's Dining Group 2022 VIce Chair of Lodging

Molly Rice-Norby Woodstock Inn Station & Brewery

Newfound Regional High students serving at Barn on the Pemi

2022 Vice Chair of Restaurants

Nicole Barreira Great NH Restaurants NHLRA President and CEO

Mike Somers NHLRA Director of Education and Workforce Development

Amie Pariseau NHLRA Membership & Business Development Director

Samantha MacDonald

The NEW Derry Tasting Room at LaBelle Winery, Derry

NHLRA Office and Events Manager

AubreyLynn Goodale NHLRA Social Media and Marketing Manager

White Birch Communications

HAVE NEWS OR PHOTOS YOU'D LIKE TO SHARE WITH US? If you'd like to update us with any company news for our Members Around Town section, please email apaquette@nhlra.com.

NHLRA

MEMBERS AROUND TOWN WE WILL MISS YOU, GIOVANNI

THE NAZBAR & GRILL CELEBRATES BIKE WEEK

The NazBar & Grill sliced cake

with Governor Chris Sununu to celebrate the 99th birthday of Laconia Motorcycle Week! With an average of more than 300,000 people showing up for the festivities per year, the Laconia bike rally is one of the biggest motorcycle rallies in the US!

We extend our condolences to Polly's Pancake Parlor who said goodbye to their beloved Giovanni (pictured). Giovanni was the resident greeter and the caretaker of the Polly's family for 17 years.

NEWFOUND REGIONAL HIGH SCHOOL STUDENTS HAVING FUN DURING NH HOSPITALITY MONTH

N ewfound Regional High School

students "serve" during their New Hampshire Hospitality Month tour at The Barn on the Pemi and the Italian Farmhouse.

THE COMMON MAN'S UKRAINE RELIEF FUND MAKING A DIFFERENCE LUI LUI ITALIAN RESTAURANTS CELEBRATING NATIONAL CANNOLI DAY

From the restaurant that

brings us award winning pasta, Lui Lui @luiluirestaurants celebrates National Cannoli Day with deliciously homemade cannoli's of their own!

Alex Ray of Common Man and

fellow Rotary International members in Poland stand with pallets of food for Ukrainian refugees that were purchased with donations from all over the world.

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THE FUTURE OF HOSPITALITY SCHOLARSHIPS The New Hampshire Lodging & Restaurant Association Education Foundation in partnership with FEEDNH.org, the charitable trust for Great NH Restaurants (T-BONES, CJ’s, Cactus Jack’s, and Copper Door), awarded four students with a $1,000 Future of Hospitality Scholarship.

The New Hampshire Lodging & Restaurant Association Education Foundation’s Future of Hospitality Scholarship is funded by FEEDNH.org. The mission of FEEDNH.org Great NH Restaurants' Charitable Trust-is to strengthen New Hampshire communities through philanthropic collaboration, dedicated employee involvement and volunteerism benefiting local Families, Elderly, Education and Disadvantaged. To learn more about FEEDNH.org, visitwww.FEEDNH.org.“ We are grateful to FEEDNH.org for this partnership as we work together to support the next generation of the hospitality industry.

All four of these students are passionate and excited to pursue their education. We can’t wait to see what they do next,” said Amie Pariseau, Executive Director, New Hampshire Lodging & Restaurant Association Education Foundation.

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Fundraiser Benefits the International Institute of New England The Winnipesaukee Wine festival returns to Meredith for its 15th annual fundraiser featuring samples of more than 100 wines, beers and spirits from around the world to benefit the important work of the International Institute of New England (IINE) in resettling and supporting refugees throughout New England, including those fleeing the invasion in Ukraine.

Sponsored by The Common Man Family of Restaurants and Martignetti Companies of Northern New England, the festival takes place on Wednesday, June 29 from 5:30–8:00 p.m. in the Winnipesaukee Ballroom at Church Landing in Meredith.

Featuring wine, craft beer and spirits from local, national and international producers, the event offers a VIP room in the Carriage House at Church Landing with exclusive wines and a commemorative glass.

Tickets to the VIP room are $150, which also includes access to the Grand Tasting. Tickets to the Grand Tasting are $100 in advance and $115 at the door, while supplies last.

Purchase tickets online at https://iine.org/winefest/. Space is limited and advance tickets are suggested.

Participating in the 15th Annual Winnipesaukee Wine Festival are WJ Deutsch & Sons Ltd., Tito’s Handmade Vodka, J. Lohr Winery, Palm Bay International, William Grant & Sons, Boston Harbor Distillery, NH’s own Cathedral Ledge Distillery, Trinchero Family Estates, Bogle Vineyards, Hess-Persson Estates Collection, Rombauer Vineyards, Tamworth Distillery, Amoskeag Beverages and Cisco Brewery, among others. Triple Eight Distillery will serve custom martinis down an ice luge sculpture created by Jeff Day of Rumney. www.nhlra.com | 9

The Common Man family of restaurants will feature samples of some of the most popular dishes from a variety of its restaurants from across New Hampshire. Guests will enjoy live music by the David Lockwood Jazz Quartet and have a chance to partake in a live auction hosted by Pat Kelly.

Various silent auction items presented by IINE will also be up for bid.

Mill Falls at the Lake offers special festival overnight rates for standard rooms. They are $199 for Mill Falls, Chase House $249, Bay Point $279, and $319 for Church Landing. Call 1-800-622-6455 and mention you’re attending the Winnipesaukee Wine Festival. Room availability is limited and will be granted on a first come, first served basis.

“We are grateful for the Winnipesaukee Wine Festival and the Common Man to have chosen IINE as the recipient of this fun, community-based charitable event,” said Xan Weber, Senior Vice President of the International Institute of New England. “These funds will allow us to continue supporting immigrant and refugee families coming to New Hampshire and will help support Ukrainian refugees in our communities.”

The mission of the International Institute of New England (IINE) is to create opportunities for refugees and immigrants to succeed through resettlement, education, career advancement and pathways to citizenship. IINE works to assist immigrants in realizing their dreams and contributing to New England’s growth and prosperity. The organization has resettled nearly 600 individuals in the past six months, of which the majority are Afghan evacuees, and continues to respond to the call to provide local humanitarian response to some of the world’s most vulnerable people caught by war, violence, and persecution. IINE is preparing to welcome Ukrainian refugees fleeing the invasion and will work together with partners in communities in Massachusetts and New Hampshire to support them in reuniting with family living in New England or in joining our communities. For more information, visit IINE.org.

Founded in 1971, the Common Man family in New Hampshire is made up of 15 restaurants, two Inns, The Lodge, a Spa, Company Store, The Flying Monkey Movie House and Performance Center and The Barn on the Pemi wedding and event center. Locations include Common Man-named restaurants in Lincoln, Ashland, Concord, Claremont, Merrimack and Windham; Common Man Inn & Spa, Foster’s Boiler Room, Italian Farmhouse, The Barn on the Pemi, Tiny Cabins,The Lodge and The Flying Monkey in Plymouth; Common Man Inn & Restaurant in Claremont; Lakehouse Grille, Camp, Lago and Town Docks in Meredith; Route 104 Diner in New Hampton; Tilt’n Diner in Tilton; Airport Diner in Manchester; and the Co. Store in Ashland. Sister businesses include The Common Man Roadside in Hooksett, Manchester and Plymouth and New Berry’s on the Common in Plymouth. For more information about The Common Man, visittheCman.com and follow on Facebook, Twitter and Instagram at @thecommonmannh.

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New Hampshire Excellence in Education Awards

By Amie Pariseau, Executive Director of the New Hampshire Lodging & Restaurant Association Education Foundation

On Saturday, June 5, the New Hampshire Lodging & Restaurant Association Education Foundation was honored to celebrate the Extended Learning Opportunities (ELO) Coordinator of the Year. The Foundation sponsored a table and the award for Oyster River High School’s Sean Peschel.

Extended learning opportunities offer students safe, structured, and engaged learning environments outside of traditional school offerings that support and complement what the students are learning during the day.

Amie Pariseau, Executive Director, New Hampshire Lodging & Restaurant Association Education Foundation, who sits on the nomination committee, stated, “There were many amazing coordinators nominated this year. They were all creative and enthusiastic about finding opportunities for their students to participate in to enhance their learning.

Sean’s passion leapt off the page of his personal essay and the letters submitted by administration, fellow educators, parents, and students all spoke highly of his character.”

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NHLRA EDUCATION FOUNDATION SCHOLARSHIPS

By Amie Pariseau, Executive Director of the New Hampshire Lodging & Restaurant Association Education Foundation

W

ith grant funding from the National Restaurant Association Educational Foundation, the New Hampshire Lodging & Restaurant Association Education Foundation awarded two ProStart students with a $1,500 scholarship to further their culinary arts education at the post-secondary level.

ProStart® is a nationwide, two-year program for high school students that develops the best and brightest talent into tomorrow’s industry leaders. From culinary techniques to management skills, ProStart’s industry-driven curriculum provides real-world educational opportunities and builds practical skills and a foundation that will last a lifetime.

“With the nationally recognized curriculum and hands-on learning our ProStart students receive, they are ready to be the next industry leaders. Graham and Liam have excelled in their programs. We are thrilled to be able to support them as they move on to their postsecondary education,” said Amie Pariseau, executive director, New Hampshire Lodging & Restaurant Association Education Foundation.

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WAIVING ARBITRATION DOES NOT REQUIRE PREJUDICE TO THE OTHER PARTY, SAYS USSC

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

O

n May 23, 2022, in a case called Morgan v.

Sundance, the United States Supreme Court unanimously decided that a party can waive its right to arbitration even when its conduct has not prejudiced the other side. In so holding, the USSC changed 1st circuit precedent which had for years required a showing of prejudice. All that is needed to prove waiver is a showing that the party knowingly relinquished the arbitration by acting inconsistently with that right.

Here is what happened: Robyn Morgan worked as an hourly employee at a Taco Bell franchise that was owned by Sundance, Inc. As many companies require of new hires, Morgan signed an arbitration agreement when he started with the company. In essence, he agreed to use binding arbitration instead of going to court if he had a dispute with the Company about matters concerning his employment.

Despite the agreement, Morgan brought a nationwide collective action alleging that Sundance violated the overtime rules of the Fair Labor Standards Act (“FLSA”). Morgan alleged that Sundance avoided paying its hourly employees premium overtime pay for hours worked over 40 in a week, in particular by recording hours in a different week than they were actually worked, to prevent any weeks’ total from exceeding 40.

Although it could have enforced the arbitration agreement at the outset of suit, Sundance initially defended itself. It filed a motion to dismiss, and then an answer and affirmative defenses when it lost that motion. Notably, none of the affirmative defenses mentioned the arbitration agreement.

Sundance also jointly mediated Morgan’s case with another collective action filed by a different plaintiff. It settled that other case, but not Morgan’s.

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At that point, nearly 8 months after Morgan filed suit, Sundance moved to stay (i.e., stop) the litigation and force Morgan to arbitrate his claims pursuant to the arbitration agreement.Morgan opposed the motion arguing that Sundance had waived its right to arbitrating by actually litigating the case for months. While Morgan initially won his motion, the 8th Circuit Court of Appeals overturned that decision, sending Morgan’s case to arbitration. But both appeals courts applied a prejudice prong to their waiver analysis.That is, they said that a party will be found to have waived arbitration if 1) knew of the right, 2) acted inconsistently with that right AND 3) prejudice the other party by its inconsistent actions.

The USSC said this analysis was wrong, and that no prejudice prong should be applied to waiver analysis in the arbitration context. The Court reasoned that prejudice is not a feature of federal waiver law generally. That is, in no other context must a party prejudice the other in order to be found to have waived their right. Yet, 9 of the 11 federal circuits, including the 1st circuit, have applied an arbitration-specific wavier rule demanding a showing of prejudice. The USSC has now said that these 9 circuits were wrong, and that no such showing must be made in the context of the waiver of arbitration.

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

As far as the Federal Arbitration Act’s (“FAA”) policy favoring arbitration, the USSC said its point is that arbitration agreements must be treated just like other contracts, not that arbitration should be fostered by the courts. That policy “favoring arbitration,” therefore, does NOT authorize federal courts to invoke special “arbitration-preferring” rules. It simply requires that arbitration agreements must be “put on the same footing” and treated like any other contract.

In other words, the point of “the policy is to make ‘arbitration agreements as enforceable as other contracts, but not more so.’” As the federal rule of waiver does not include a prejudice requirement in other contexts, and it should not for arbitration agreements either, according to the USSC. Going forward, the waiver of the right to arbitration under federal law, as with any other right, will be found when there is “intentional relinquishment or abandonment of a known right.” Courts must focus on the actions of the person who held the right, but not the effects of those actions on the opposing party. In other words, there need be no harm, reliance or prejudice to the other side. As for Morgan’s case, it was sent back to the 8th Circuit for a new decision, using a waiver analysis based on whether Sundance knowingly gave up the right to arbitration by acting inconsistently with that right, irrelevant with how it affected Morgan.

So, what does all of this mean for employers who use arbitration agreements? First, it makes it easier for employees to argue that an employer has waived the right to arbitrate because they do not have to show that they have suffered any prejudice or harm by the delay. Employers who try to negotiate a settlement or participate in any part of litigation will need to, at a minimum express the reservations of their right to arbitrate, if they have any inclination to compel arbitration at some point. It also means that employers who wish to enforce their rights under arbitration agreements will have to seriously consider compelling arbitration early on in litigation or risk that they may well be found to have waived the right. www.nhlra.com | 16

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Restaurants advised to take advantage of The Local Restaurant Infrastructure Investment Program Now is the opportunity to apply for the NH Restaurant Infrastructure Investment Program.

The program provides awards to local New Hampshire restaurants seeking reimbursement for eligible equipment, infrastructure, and technology purchases for the mitigation of Covid up to an award cap of $15,000. Purchases and applications must be completed and submitted by July 13, 2022.

One example of a qualifying technology is manufactured in Somersworth NH by Sterilray Inc. Sterilray products can stop the spread of any bacteria, spores, or virus, including ALL variants of the SARS-CoV-2 continuously, safely, with people present, and with a high degree of efficacy. Far-UV is the only technology that can destroy airborne pathogens instantly inside a restaurant. Far-UV is safe for humans and does not damage materials.

New Hampshire restaurants can now take advantage of the NH Restaurant Infrastructure Investment Program and receive up to 100% reimbursement with a cap of $15,000 for technology which can help protect employees and patrons alike. The Restaurant Disinfection Toolkit includes the GermBuster Sabre for both air and surface disinfection as well as GermBuster HVAC for complete air disinfection via the HVAC system. Also available is “speed of light, line of sight” disinfection via the new GermBuster ésconce wall fixture. All of the products have been registered by the EPA and are safe for human exposure.

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Masks and vaccines alone can never completely prevent the spread of disease because they do nothing to eliminate or remove pathogens from our occupied spaces. It has been known for some time now that the primary means of transmission of COVID-19 and many other serious infectious diseases is through the air. Consequently, the CDC recommends providing clean air in enclosed, occupied areas as the best means for controlling infections. The most effective technology for the disinfection of air and surfaces is the use of Far-UV lights. Far-UV disinfection technology has been proven in clinical studies to be highly effective and at relatively low cost.

Far-UV technology has already been installed in multiple indoor environments for years including Lahey Hospital in Burlington MA, giving it a long track record of success in preventing the spread of pathogens. within enclosed high occupancy spaces. Through the New Hampshire Restaurant Infrastructure Investment program every NH restaurant can now take advantage of this amazing technology.

Learn more about the NH Restaurant Infrastructure Investment Program by clicking on the link below. https://sterilray.com/new-hampshire-restaurant-infrastructure-investment-program/

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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 BUSINESS DEVELOPMENT: Samantha MacDonald smacdonald@nhlra.com EDUCATION AND WORKFORCE DEVELOPMENT: Amie Pariseau apariseau@nhlra.com OFFICE AND EVENTS: AubreyLynn Goodale apaquette@nhlra.com SOCIAL MEDIA AND MARKETING: White Birch Communications kate@whitebirchcommunicatio ns.com NHLRA OFFICE: (603) 228 - 9585 info@nhlra.com

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

MUSIC LICENSING Members save up to 20% off music licensing fees for BMI and 10% off SESAC. GROUP PURCHASING ORGANIZATION NHLRA members receive cash back on manufacturer rebates normally unavailable.

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

DENTAL & VISION INSURANCE Save up to 15% on dental and vision insurance rates through our group buying program.

401(k) PROGRAM Establish a 401(k) program with minimal overhead under a 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, not-for-profit, worker's compensation trust returns dividends (on average) of 20-35%.

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MAY RENEWALS Thank you to these renewing members!

Bubba's Bar & Grille Carlson's Lodge Derryfield Restaurant Dinnerhorn Restaurant Duprey Hospitality Horizon Beverage Company Hospitality Mutual Insurance Company Ice House Restaurant Island Hospitality Management KLI Consulting Group, LLC LaBelle Winery Lakes Region Community College Mittersill Alpine Resort The New England Inn Omni Mount Washington Resort Peddler's Daughter Shibley's At The Pier Valley Inn

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