The Dish | June 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. 06

Vaccine Status Is someone's vaccine status confidential?

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• June 2021 • The Legislative Issue

New Hires

Legislative Report

Is your training program overlooking this key element?

A look back at the bills shaping our industry.

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page 17

Inside YOUR GUIDE TO ISSUE NO. 6

4

Members Around Town

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Post COVID-19 Exposures

The latest industry news

All smiles at Great Rhythm.

10 NH Eats Local Month

How to partner with this annual event

11 Vaccine Status is

And other important updates from the EEOC

Confidential

The crew at Flatbread Company in Portsmouth.

What to discuss with your insurance agent

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New Hire Success

A checklist to ensure you start them off on the right track

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2021 Legislative Report

A look back at the bills shaping our industry

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Cost-Saving Programs

Member-exclusive benefits

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Thank You

New members and renewals

Cover Photo of the New Hampshire State House in Concord.

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

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NEW NH LRA Member Benefit!

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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

The team at 110 Grill.

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

Aubrey 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.

All hands on deck at Sea Ketch in Hampton.

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NHLRA

MEMBERS AROUND TOWN PURITY SPRINGS APPOINTS TWO NEW MANAGEMENT TEAM MEMBERS

SHASKEEN OWNER INVESTS IN BONFIRE COUNTRY BAR

Jim Pliakos, co-owner of Shaskeen Pub and Restaurant in Manchester, now owns part of Bonfire Country Bar. Pliakos joins longtime friend Patrick Mills, who has been general manager since

Purity Spring Resort recently announced the appointment of .Aaron and Jill Marineau of San Diego as the East Madison resort's new food and beverage director and general manager, respectively.

it opened, "He (Patrick) has poured his heart and soul into Bonfire Country Bar and we plan to continue its success. It is an amazing brand and a great staff (family) there and I am excited to be a part of it now," says Pliakos.

NH'S FIRST CRAFT BREWPUB CELEBRATES 30 YEARS

P ortsmouth Brewery, NH's

“In addition to managing the

original craft brewpub, marked its

busy summer season ahead, we

30th anniversary this month.

are excited for them to help

Governor Chris Sununu helped

grow our offerings and meet

founders Peter Egelston, Joanne

the interests of the current

Francis, and Head Brewer Maxine

traveler. We hope this summer

Munsey celebrate by jumping

that our returning guests will

behind the bar!

not only rediscover why they love visiting Purity Spring

Congressman Chris Pappas also

Resort, but will also perhaps be

stopped by to wish the brewpub

surprised by an even better

well as they kicked off their

experience," said Steven Hoyt,

celebration.

Vice President of Purity Spring Resort Inc.

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CONT'D 'NOT ON THE MENU' PANEL ON SEXUAL HARASSMENT

FRANKLIN PIERCE UNIVERSITY BOARD OF TRUSTEES ANNOUNCES NEW MEMBER

Tom Boucher, CEO and Owner

of Great NH Restaurants Group, was appointed to the Board of Trustees of Franklin Pierce University last month. Board Chair Frederick W. Pierce IV said, “With his long history of providing quality hospitality experiences, job opportunities, and supporting the needs of Granite State residents through his work with FEEDNH.org, Mr. Boucher’s commitment to the

D

anya Landis, co-owner of

Machina Kitchen & ArtBar in Keene, joined the Victims Right Law Center for a discussion on sexual harassment in the

economic development of New Hampshire dovetails with Franklin Pierce’s mission and vision. We are delighted to welcome him to the Board of Trustees.”

RETIREMENT AT CONCORD CRAFT

C oncord Craft Brewing Co. is

restaurant industry and what

saying goodbye to their friend,

Machina does to take

partner, founding brewer, and beer

preventive measures against

adventurer, Doug Bogle. Doug

sexual harassment.

joined the team in 2016 and helped build Concord Craft Brewing

The panel also included Elle Simone of America’s Test Kitchen, Boston restaurateur

Company, literally from the floor up!

BIKE WEEK WRAPS UP

B ike Week roared back to Laconia

Tiffani Faison of Bravo’s Top

this year with hundreds of thousands of

Chef, and VRLC Senior Attorney

attendees. “Some of the business

Stephanie Holt. Carla Reeves of

owners downtown, downtown area said

Goulston & Storrs moderated

this is the best rally they’ve had in

the discussion.

several years,” said Charlie St. Clair, Motorcycle Week executive director. www.nhlra.com | 6

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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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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Vaccination Status is Confidential AND OTHER IMPORTANT NEW GUIDANCE FROM THE EEOC

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

More and more people in the United States are getting vaccinated for COVID-19, which means the workplace, like every place else, is changing. All 6 of the New England states (including New Hampshire) have already met President Biden’s goal that 70% of the adult population have at least one shot by July 4th. This is good news from a public health standpoint, because COVID cases are declining while vaccination rates .

increase. It is also good news from an economic perspective, as states and businesses alike remove pandemic-related restrictions and move closer to pre-pandemic operations. But increased vaccinations also trigger new questions about what employers must do to comply with applicable workplace laws.

The Equal Employment Opportunity Commission is the agency responsible

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for enforcing Federal employment laws like the Americans with Disabilities Act and Title VII which prohibits employment discrimination. During the pandemic, the EEOC has published a series of updated COVID-19 technical assistance guidance in the form of questions and answers. On May 28, 2021, the EEOC updated its COVID-19 guidance once again, this time to address some of the implications of vaccinations.

The full guidance, can be found here. Briefly, the following sets out some important highlights:

Previously, the EEOC said that employers were allowed to require employees physically entering the workplace to be vaccinated for COVID-19 if such requirement was businessrelated and employers provided reasonable accommodations to employees who decline vaccines because of a disability or religious reason.Once an employer is on notice that an employee’s sincerely held religious belief or disability prevents the employee from getting a COVID vaccine, however, the employer must provide a reasonable accommodation unless it

would pose an undue hardship.

This remains the rule, but now the EEOC has confirmed that an employee’s vaccine status is confidential medical information under the ADA (although it may not be under HIPAA). This means that while Federal EEO laws do not prevent employers from requiring employees to provide proof of COVID vaccination, such proof cannot be disclosed to third parties.

Moreover, proof of vaccination status and other documentation must be maintained as confidential, saved in a file separate from the personnel file.

The EEOC also clarified a number of other matters, including that: Federal EEO laws do not prevent or limit employers from offering incentives to employees to voluntarily provide documentation or other confirmation of vaccination obtained from a third party, such as a pharmacy, personal health care provider, or public clinic. But again, if employers choose to obtain vaccination information from their employees, employers must keep vaccination information confidential pursuant to the ADA.

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Employers that are administering vaccines to their employees may offer incentives for employees to be vaccinated, as long as the incentives are not coercive. Such coercion would likely be found if an employer administers the vaccines itself (as opposed to employees receiving it from an independent third party, i.e., a pharmacy or doctor) and offers a “very large” financial incentive that might cause employees to feel pressure to disclose protected medical information during the vaccine screening questions.

Employers cannot offer an incentive to an employee in return for an employee’s family member getting vaccinated by the employer, as this would violate the Genetic Information Nondiscrimination Act (“GINA”).

Employers may provide employees and their family members with information to educate them about COVID-19 vaccines and raise awareness about the benefits of vaccination and may also offer an employee’s family member an opportunity to be vaccinated without offering the employee an incentive.

If employers choose to adopt vaccination requirements, they must

administer and enforce it on a non-discriminatory basis, keeping in mind that some demographic groups may face greater barriers to receiving a COVID-19 vaccination, making these employees more likely to be negatively impacted by a vaccination requirement (which might be evidence of discrimination).

The EEOC also posted a new resource targeted to job applicants and employees which explains in simple terms how federal employment discrimination laws protect workers during the pandemic.

This resource reminds employees that an employer cannot stop an employee from working solely because that employee might be older, or pregnant, or have a disability, or required take care of someone with a disability. But the new resource also clarifies that an employer can make an employee stay home if the employee has COVID-19 and is currently infectious. The EEOC’s new notice can be found here.

Importantly, the EEOC has noted that these latest updates were prepared prior to the CDC’s May 13, 2021 guidance and health recommendations for fully vaccinated people. Additional updates may also be forthcoming as a result of these and other CDC guidance changes. Remember, too, that the EEOC technical assistance answers questions only with regard to EEO laws.State and local laws may well provide more protective rights to employees. For all these reasons, business cannot become complacent with current rules and protocols. Business should keep watching for developments and contact legal counsel, as needed, to address specific questions or concerns they may face in light of the particular circumstances of their workplaces.

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RECIPE FOR A SAFE AND SUCCESSFUL NEW HIRE

By Samantha MacDonald, Workers' Compensation Trust Director

Staffing continues to be a thorn in the side of many employers, but while positions are filling as fast as possible, one key element to a new hire's recipe for success may be overlooked- safety. Employees who have been on the job for less than one year account for more than 50% of injuries, so ensuring your training program has the following ingredients can help create a happy, healthy, and successful new staff member.

Proper safety attire (slip-resistant shoes, cut gloves, hair net, etc.).

Made aware of safety protocols, possible hazards, and safety standards.

Reinforce standards with actions. Safety policies are only as good as their implementation.

Detail your emergency protocols with new staff to keep small issues from becoming big problems.

Create a proactive culture, not reactive, to safety concerns.

There is no such thing as common sense. No matter the experience level of the staff member, new staff need to be taught your safety procedures and standards.

Ongoing training and reminders for ALL staff, whether posted or reviewed before a shift, will help new and tenured staff stay up-to-date with safety standards.

Looking to lower your workers' compensation costs and start receiving dividends?

Get a quick quote by clicking here.

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2021 Legislative Report A SUCCESSFUL YEAR FOR THE INDUSTRY AND THE NHLRA

NHLRA-introduced or actively supported bills that will become law:

By Henry Veilleux, Sheehan Phinney Capitol Group

FREEZING THE TIP WAGE

The 2021 Session of the New Hampshire Legislature wrapped up this month with an unprecedented slate of legislative accomplishments for the hospitality industry. After the industry's challenging year, these legislative wins were both well-deserved and critical to its recovery.

The NHLRA continued our strong track record of legislative success by taking a proactive stance and introducing several bills that protect and improve our industry. Thanks to our advocacy efforts and members' support, we were successful with all of them.

Below is a brief summary of the 2021 legislative session.

The is something that NHLRA has tried to do on a number of occasions over a couple of decades to no avail until this year. State Senate Majority Leader Jeb Bradley introduced SB 137 for NHLRA. It changes NH’s tip wage from 45% of the minimum wage (currently $3.27) to an absolute $3.27 set in the statute if Congress and President Biden agree to raise the federal minimum wage. This is a huge victory that will avoid a possible doubling of the tipped wage if the federal minimum wage is increased to $14 or $15. The only thing it doesn’t protect us against is if the feds also increase the federal minimum tip wage above $3.27. It is currently at $2.13. We have done all we can in our powers to insulate ourselves from a higher tip wage, however. The bill now goes to Governor Sununu for his signature. www.nhlra.com | 17

MAKING ONLINE LODGING BOOKING COMPANIES COLLECT THE ROOMS TAX HB 15 will require all online booking companies to collect the rooms tax for lodgings that are posted on their platforms. This will put everyone on a level playing field. No longer will online platforms be able to avoid the full price they sell rooms from being taxed under the rooms tax. Airbnb is already doing it voluntarily. This bill would require all companies to collect the tax. The online booking companies fought this legislation hard in the waning days. The bill now goes to the Governor for his signature.

REQUIRING THIRD-PARTY DELIVERY COMPANIES TO HAVE AGREEMENTS WITH RESTAURANTS BEFORE DELIVERING THEIR FOOD HB 593 will require a food delivery service (such as DoorDash or Uber Eats) to enter into an agreement with a restaurant before offering delivery service from that restaurant. Too many of our members have had their brands tarnished

with bad service from these companies with no way of stopping it. Now our industry will be able to get these companies to meet certain standards or risk the ability to deliver our products. The bill will become effective on September 1, 2021. It now goes to the Governor for his signature.

CLARIFYING THE TAX TREATMENT OF PAYCHECK PROTECTION LOANS The Governor signed SB 3 into law on June 15. The bill excludes income received by a business as part of the Paycheck Protection Program from being taxed under the state’s business profits tax.

LOBSTER ROLLS Bedford State Senator Denise Ricciardi sponsored SB 51 for NHLRA. It removes the requirement for restaurants that purchase and sell processed and packaged lobster meat from having to obtain a license from the Fish and Game Department. The bill now goes to the Governor for his signature.

Governur Sununu signing SB 3 into law.

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ALCOHOL DELIVERY SB 66 will continue to allow for delivery and take out of beer and wine as permitted by the Governor’s Executive Order during the pandemic.

While his Executive Order has expired, the NH Liquor Commission has notified the industry that it will not enforce the ban until June 30, 2021. The Governor plans to sign the bill into law before then. As was the case with the Governor’s Executive Order, delivery would have to be made by an employee of the restaurant and not through a third-party delivery company. NHLRA will take a look at expanding the law to allow for the takeout and delivery of mixed drinks in the 2022 Session.

TOURISM PROMOTION NHLRA and others in the tourism industry were successful in convincing the legislature to continue a robust promotion of NH as a tourist destination. The House and Senate agreed to budget $3.6 million per year for fiscal years 2022 and 2023 towards promoting the State. The Governor’s budget proposed back in February would have rolled back tourism promotion to $2.7 million per year. NHLRA and others in the travel and tourism industry were successful in convincing the legislature to restore the funds which are needed especially coming out of this pandemic. The budget will now go to the full House and Senate on Thursday, June 24 for a vote on final passage.

motorist service signs on the state highways.

Under current law, lodging and restaurants can post their logos on the mainline of interstate highways south of Concord. This bill now allows businesses to put their logs on divided highways (I-93, I-89, I-95. Route 101) throughout the state.

ESTABLISHING A LICENSE FOR MUSHROOM HARVESTERS The Governor signed HB 345 into law on June 14.

It establishes a license for wild mushroom identifiers, harvesters, and distributors. This will help those in the farm-to-table movement. The bill also requires the Department of Health and Human Services to develop a list of approved mushrooms for distribution as well as an educational curriculum for license applicants.

REDUCING THE MEALS AND ROOMS TAX, THE BUSINESS ENTERPRISE TAX, AND THE BUSINESS PROFITS TAX The budget bill HB 2 reduces the meals and rooms tax from 9 to 8.5%; reduces the business enterprise tax from .675% to .55%, and reduces the business profits tax from 7.7% to 7.6%. The full House and Senate will vote on this bill on Thursday, June 24.

MOTORIST SERVICE SIGNS NORTH OF CONCORD The Governor signed HB 305 into law on June 14.

This bill expands the opportunity for lodging and restaurant businesses to put their logos on

There were several potentially harmful bills that the NHLRA helped to defeat.

Here is a quick summary of them: INCREASING THE MINIMUM WAGE HB 107 would have increased the minimum wage in New Hampshire to $22.50. HB 517 would have increased it to $15 an hour and then set it to increase annually thereafter by the consumer price index. SB 136 would have increased it to $12.

All three bills failed to pass. www.nhlra.com | 19

PAID SICK TIME HB 590 would have required employers to provide full and part-time employees with paid sick time. Employees would have accrued 1 hour of paid sick time for every 30 hours worked.

Employees would not have been able to accrue or use more than 72 hours of paid sick time in a calendar year unless the employer selected a higher limit. This bill was killed in the House.

MANDATING PAYMENT OF EARNED BUT UNUSED VACATION TIME HB 113 would have required employers to pay employees for earned but unused vacation time upon termination. It was killed in the House.

FOOD ALLERGY AWARENESS PROCEDURES The House Commerce Committee voted to keep HB 65 in committee for further review. The bill would require food service establishments to include on all menus and menu boards a notice to all customers of the customers' obligation to inform the server of his or her food allergy. It would also require the establishment to have a person in charge of all hours of operation who is trained and certified as a food protection manager who will ensure that all employees are properly informed of food allergies. The Committee will work on the bill in the Fall and send it to the House floor in January of 2022.

PROHIBITING THE USE OF POLYSTYRENE FOAM HB 618 would have prohibited the use of polystyrene foam by foodservice businesses effective January 1, 2022. The bill was killed in the House.

Thank You These achievements are made possible by our members. Thank you for your membership, time, effort, and grassroots advocacy. Your actions made a difference this session. As we head into summer 2021, our industry is stronger because of our united voice. www.nhlra.com | 20

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 | 21

RENEWALS Thank you to these renewing members in June 2021.

110 Grill - Corporate Alpine Adventures Cafe Services Chucksters Conway Scenic Railroad Cross Insurance Crown Linen Service Delaney's Hole in the Wall Derryfield Restaurant DoubleTree by Hilton Manchester Downtown Duprey Hospitality Eagle Mountain House & Golf Club Hart's Turkey Farm Restaurant Holy Grail Restaurant & Pub Hooked & Ignite Hospitality Mutual Insurance Company Inn at Ellis River Inn on Newfound Lake LaBelle Winery Lakes Region Community College Luca's Mediterranean Cafe

Makris Lobster & Steak House Martingale Wharf Merlino's Steak House Mint Bistro The Mount Washington Cog Railway Mountain Club on Loon Mountain View Grand Mr. Mac's MV Kearsarge Restaurant Ship Omni Mount Washington Resort Rattle River Lodge and Hostel, LLC Royalty Inn & Quality Inn- North Conway Sheraton Harborside Portsmouth Hotel Silver Fountain Inn Southern Wine & Spirits of New England Sprague Operating Resources Sugar Hill Inn Thirsty Moose Taphouse Tilton Inn & Onions Pub Restaurant Whale's Tale Water Park

NEW MEMBERS Welcome to these new members!

Cafe Noche Mexican Dairy Queen Grill & Chill Elm House of Pizza Golden Apple Inn Hooligan's Food & Drink KLI Consulting Group, LLC

Peddler's Daughter RogersGray Insurance Agency The Maples at Warner Wild Rover Pub & Restaurant

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Take Survey

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