The Dish | March 2022

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The Dish

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. 3 •

March 2022

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Cover Photo: Black Swan Inn Bed & Breakfast

Legal Updates

NH ProStart Recap

Food Photography

A change to sexual harassment claims and arbitration.

Which schools will represent NH in D.C. this spring?

Five simple tips to capturing a mouth-watering photo.

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Inside YOUR GUIDE TO ISSUE NO. 3

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Members Around Town

James Beard semi-finalists and a can't miss clearance

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Legal Update

Congress bans arbitration agreements for sexual harassment and assault claims

Two thumbs way up for the brews at Black Hill Brewing in Rochester, NH.

12 NH ProStart Recap

The next generation cooks up a strong competition

16 HR Insights

Employee engagement surveys

17 Five Food

Take your food photos to the next level

19 New AHLA Travel

Business travel is more important than ever

Shout out to Aly, an exceptional host and busser at Copper Door Salem.

Photography Tips

Survey

Cover photo of Black Swan Inn Bed & Breakfast in Tilton.

Congrats to Jason Hawker, Boston Billiard Club & Casino's February Employee of the Month!

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2022 Chair of the Board

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

Molly Rice-Norby Woodstock Inn Station & Brewery 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 NHLRA Social Media and Marketing Manager

Pamela Baker NHLRA Office and Events Manager

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

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NHLRA

MEMBERS AROUND TOWN HUGE EQUIPMENT CLEARANCE SALE

NHLRA MEMBER-CHEFS COMPETE FOR TOP TITLE

C hef Jordan Steele of Machina

Kitchen & ArtBar and Executive Chef Tina Verville of Bedford Village Inn competed against two other NH chefs in this year's Steel Chef Challenge. The annual event raises thousands of dollars for the New Hampshire Food Bank. John Bouley, a sous chef at RiverMead in Peterborough, took this year's top title.

HLRA Allied Member N Alternative Sales Corp. kicked off a clearance sale this week with prices as low as $1.00.

Located at 135 Route 125 in Kingston, NH 03848, Alternative Sales Corp. has one of the largest selection of certified pre-owned and reconditioned restaurant & food service equipment on display under one roof in all of New England.

CHEF DAVID VARGAS A JAMES BEARD SEMIFINALIST FOR THE THIRD TIME ongratulations to Chef David Vargas C on being named a semi-finalist for Best Chef in the Northeast in the 2022 James Beard Foundations' Restaurant and Chef Awards competition. It is the third time Vargas has been named a Beard Award semifinalist.

RIVER WHARF HOSPITALITY GROUP OPENS THIRD SPOT

"I moved here in 2010, and to be able to be in this area and to be surrounded by so many talents, not just restaurants and chefs, but also musicians and artists, and to be able to bring a little light to this area is super humbling," Vargas told seacoastonline.com in an interview this month. "Thanks to my family, you know, with the long hours, my wife is really the hero here," said Vargas.

Sol, a Southern-themed

kitchen and lounge, will open this May inside the downtown Portsmouth space vacated by Agave Mexican Bistro Dos and Mr. Kim's on State Street. River Wharf Hospitality also owns and operates The Rosa Restaurant and Martingale Wharf.

In New Hampshire, two other chefs were recognized as semi-finalists. Chris Viaud of Greenleaf in Milford, N.H., was named a semi-finalist for Emerging Chef, and Jeff Fournier of Thompson House Eatery in Jackson, N.H., for Best Chef Northeast.

Vida Tortilla's Masa Sope

The James Beard Awards ceremony will take place on June 13 in Chicago. www.nhlra.com | 6

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CONGRESS BANS ARBITRATION AGREEMENTS FOR SEX HARASSMENT AND ASSAULT CLAIMS, EFFECTIVE IMMEDIATELY

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

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he Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act ("the Act”) became the law of the land on March 3, 2022. While terse in language, the Act will have broad implications.

What does the Act say?

The new law amends the Federal Arbitration Act (“FAA”) and allows employees subject to predispute mandatory arbitration agreements to pursue in court their claims related to sexual assault or sexual harassment. The law allows workers to choose how to pursue their cases after sexual assault or harassment has occurred.

The language of the Act is quite simple. It states that “no pre-dispute arbitration agreement or predispute joint-action waiver shall be valid or enforceable with respect to a case which is filed under Federal, Tribal, or State law and relates to the sexual assault dispute or the sexual harassment dispute.” It also provides that courts, not arbitrators, shall decide using federal law whether and when the terms of this statute may apply to any arbitration agreement regardless of what the agreement says about scope or arbitrability of issues.

The Act passed the U.S. House of Representatives by 335-97 on February 7, 2022, and the U.S. Senate by voice vote on February 10, 2022. The Act went into effect immediately upon the president’s signing last week and will apply to disputes that arise beginning on March 3, 2022.

What does it mean?

This enactment comes after years of developing case law favoring arbitration agreements generally and in the employment context in particular. Most notably, the steady march advancing arbitration agreements reached a significant milestone on May 21, 2018, when the United States Supreme Court held that employment arbitration agreements with class action waivers requiring individual arbitration are enforceable under the FAA. See Epic Systems, Corp. v. Lewis. It further held that Section 7 of the National Labor Relations Act (the “NLRA”), which protects employees’ rights to engage in concerted activities, does not affect the breadth and scope of the FAA and does not limit the right of the contracting parties to agree to an arbitration clause and class action waiver in the employment context.

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Thus, less than 4 years ago, it seemed that arbitration clauses would rule the employment world. That said, even Epic Systems did not purport to rule that all such clauses would be enforceable. Precedent leading up to Epic Systems outlined what such clauses needed to include to avoid unconscionability defenses.

Under such precedent, courts must still evaluate particular arbitration clause or agreement on a case-by-case basis to determine whether terms are fair. See ATT Mobility v. Concepcion.

Nevertheless, if the clause provides for an arguably fair and reasonably affordable and efficient process for individual dispute resolution, the employer can avoid public litigation and class actions brought by the signing employee.

and class action waivers remain enforceable to the extent they concern wage and hour claims, employers can no longer rely on such agreements when it comes to issues involving sexual harassment or sexual assault.

In Epic Systems, however, Justice Ginsburg dissented and characterized the opinion as “egregiously wrong”, but also saw potential distinctions between wage and hour cases and discrimination cases. While commentators anticipated Epic Systems likely to be applicable in any employment context, Congress clearly took the cue from Justice Ginsburg and drew the distinction expressly in the form of legislation.

Again, as noted above, the Epic Systems case also stands. Arbitration agreements and class action waivers for wage and hour claims remain enforceable. For now.

Bottom line, this means that while Epic Systems remains good law and arbitration agreements

What has changed?

Outside of sexual harassment and assault claims, nothing. While the Act bans arbitration clauses for sexual assault or harassment claims, it does not ban them for other types of sex discrimination or any other discrimination claim. That means, for now, broad arbitration and class action waivers covering those topics may still be enforceable, assuming they pass the fairness tests described in ATT Mobility v. Concepcion and other case law.

Also notable is that while private parties may be bound by arbitration agreements, the EEOC is not. Private parties can continue to file charges of the discrimination for the EEOC to investigate and possibly litigate. This has always been true, and the efficacy of these clauses has never been complete. www.nhlra.com | 9

Now what?

Like we always say, review your contracts and policies for compliance. Determine what you really need. Review with counsel if your documents and practices comply with the law.

Take clear and consistent action going forward.

But know this, Congress and the EEOC have taken the position that sexual harassment and assault allegations need to be exposed. Indeed, EEOC applauded the passage of the Act. The federal government has taken away denial and cover-up as a means to deal with uncomfortable situations. The best way to deal with these issues is to prevent them from happening in the first place through leadership and strong corporate culture in the workplace, supported by clear and fair policies and administrative support. It’s hard work, but counsel can help with planning and guidance.

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

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NEW HAMPSHIRE PROSTART STATE INVITATIONAL RECAP

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

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n March 8, five talented CTE schools faced off at the Grappone Conference Center in Concord for our annual New Hampshire ProStart State Invitational.

Keep reading to find out who'll be representing New Hampshire at the New England ProStart Regionals on April 2 in Boston, MA and at the National ProStart Invitational on May 6-8 in Washington, D.C.!

COMPETING SCHOOLS Concord Regional Technical Center (culinary and management) Mount Washington Valley Career Technical Center (culinary) Pinkerton Academy (culinary and management) Richard W. Creteau Regional Technology Center (culinary) White Mountains Regional High School (culinary and management)

CULINARY RESULTS

Back to the podium again, our first place winner, Pinkerton Academy, was a formidable team. Not only did they take the top spot, the team also won the Gold Star Awards for Communication and Knife Skills. Their menu of Seared Foie Gras, Seared Venison Loin, which was basted in butter with rosemary and garlic, with a carrot, zucchini, and Yukon hash and a cherry www.nhlra.com | 12

pan sauce, and Spiced Poach Pear with honeycomb toffee was very well executed from start to finish.

Management judges deliberating.

Management winners, White Mountains Regional High School.

Culinary winners, Pinkerton Academy.

A perennial favorite, our second place team, White Mountains Regional High School, created a high-level menu of a Chardonnay and Butter Poached Oyster and Shrimp Omelet, Maple and Dijon Glazed Pan Roasted Pork Tenderloin with yellow eye beans and leek ragout, sautéed Brussels sprouts, and a savory pan jus, and a Citrus Scented Valrhona Chocolate Crepe with a caramel ricotta chocolate filling.

The third place team from Mount Washington Valley Career Technical Center brought back team members from 2021.

They carefully crafted Ratatouille, Spiced Rubbed Venison Loin with sautéed fingerling potatoes, citrus scented asparagus, and a blackberry demi-glace, and a Chocolate Layer Cake, which was chocolate cake layered between mango cream, dusted with sliced almonds, and finished with a mango and raspberry coulis.

MANAGEMENT RESULTS

White Mountains Regional High School wrapped up the top spot with Uprooted Eats. “Uprooted Eats” is a casual dining establishment where local foods are valued and utilized to promote the community and provide an atmosphere. The team also won the Gold Star for Creativity and team member, Hannah won for her Presentation Skills.

Competing in management for the first time, Concord Regional Technical Center came in second place with their restaurant, Wobblers. A casual café, which “wobbles” between breakfast and lunch. Team member, Amora, was awarded the Critical Thinking Gold Star Award.

Pinkerton Academy returned with two members from 2021 and came in third place with their concept, Casa Di Pasta. The strip mall restaurant provides casual Italian dining with a family friendly atmosphere.

Mark your calendar on Tuesday, March 7 for the 2023 New Hampshire ProStart State Invitational!

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We can’t wrap up the New Hampshire ProStart Invitational without thanking the following: Our sponsors: 110 Grill, Café Services, Coca-Cola Northeast, Gordon Food Service, High Liner Foods,

Performance Food Group, The Common Man Family, The Flatbread Company, and US Foods Our culinary judges: Mike Beers (BAM Hospitality), Patrick Britten (Sysco NNE), Brian Coffey (Brian

Coffey Catering), Doug Gibson (White Mountain Cupcakery), John Knorr (Nashua Community College), Zac Marshall (UNH), Gary Sheldon, Lisa Somerville (Vintage Bakery), Todd Sweet (UNH), David Turin (David’s Restaurants), and Nathan Varney (The Labrie Group), and timers Gail Batstone (Owl’s Nest Resort), Sherri Ferns (Duprey Hospitality), Davan Hanley (PA ProStart Alum), Matthew Pierce (Café Services), and Clay Westbrook (The Flatbread Company).

Our management judges: John Dunn (Michael Timothy’s Dining Group), Kelsey Hayes (Three

Chimneys Inn), Bernie Lontine (110 Grill), Paul Kirschbaum (Gordon Food Service), Rick Spalding (Heron Point Seafood), Sydney Sturdevant (110 Grill), Robert Viel (Gordon Food Service), Sim Willey (Hart’s Turkey Farm), and Jessica Wilson (Appalachian Mountain Club), and timers Willow FureyCalder (Hart’s Turkey Farm) and Rob McCarthy (Melan Group)

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5 FOOD PHOTOGRAPHY TIPS What makes a great photo of food? These are the keys ingredients in creating a delicious food photo, regardless of what type camera you're using.

by Pamela Baker

NATURAL LIGHT

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If you take away one tip, let it be this: indirect daylight is the most important element of good food photography.

Also, never use a flash. example, orange and blue are complementary colors opposite each other on the color wheel and have a high contrast of exposure.

(See above photos.)

COMPOSITION

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There are many elements to compositional theory in photography, but one crucial and easy-to-understand piece is the rule of thirds . First, imagine a 3X3 grid formed by two horizontal and two vertical lines. Next, position your subject at the intersection of those dividing lines or along with one of the lines itself. The end result is a photo that engages our eyes by drawing on the way that humans naturally view images - which is what these lines of intersection represent.

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COLOR Color theory explains why certain colors, and color pairings, are aesthetically pleasing. Just google "color wheel" to see how these hues are related and organized for inspiration. One simple and effective way to use color theory is to pair warm and cool colors. For

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DEPTH OF FIELD A shallow depth of field can make a busy background (like in a restaurant) a soft, appealing background while pulling your main subject into focus.

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ANGLE The optimal angle for most food photographs is 45-degrees because our eyes perceive food as we see it presented to us on a plate. This angle is also versatile, allowing a photographer to capture the front, overall surface, and sides of a dish.

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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 SOCIAL MEDIA AND MARKETING: Pamela Baker pbaker@nhlra.com OFFICE AND EVENTS: AubreyLynn Goodale apaquette@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

NHLRA OFFICE: (603) 228 - 9585 info@nhlra.com

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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MARCH RENEWALS Thank you to these renewing members!

Beckwith Restaurants Enterprises LLC Cabot Inn & Suites Celebrations Distinctive Catering Codex B.A.R. Cotton Delaney's Hole in the Wall Engraving, Awards & Gifts Garwoods Restaurant & Pub Hancock Inn Holy Grail Restaurant & Pub Hungry Diner Inn at Ellis River Inn on Newfound Lake

Mount Washington Cruises NH Brewers Association Oceanfront Gaming Inc. Parker's Motel Revolution Taproom & Grill River Casino & Sports Bar Scorpions Bar & Grill Southern Wine & Spirits of New England Sugar Hill Inn Village Kitchen Water Street Cafe Zorvino Vineyards

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