The Dish | May 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. 05

• May 2021 • Cover Photo: The Inn at Pleasant Lake

Copper Door's Pastry Chef

NH ProStart

Workplace Wellness

An interview with Cathy Allen on her passions and background.

A recap of this year's state invititional competition.

Member benefits trends in 2021.

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page 19

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Inside YOUR GUIDE TO ISSUE NO. 5

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Members Around Town

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NHLRA Golf Tournament

Registration is open for this year's event

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Member Interview

An Interview with Copper Door’s Pastry Chef, Cathy Allen

The latest industry news

The staff at Tuscan Kitchen Salem.

11 Worker Classification Whiplash

Keeping it fun and safe at Delaney's Hole in the Wall.

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NH ProStart

The DOL officially withdraws the independent contractor rule A recap of this year's state invitational competition

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Workplace Wellness

Mental health employee benefits trends for 2021

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Cost-Saving Programs

Member-exclusive benefits

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Thank You

New members and renewals

Cover Photo by Jumping Rocks Photography of the Inn at Pleasant Lake in New London, NH. Eat, drink, and be merry at 900 Degrees Pizzeria.

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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 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

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NHLRA

MEMBERS AROUND TOWN 40 YEARS FOR LAGO 'S

PATRICK'S PUB AWARDED RESTAURANT NEIGHBOR AWARD

This month, the NHLRA was proud to deliver the National Restaurant Association and American Express' Good Neighbor Award to Patrick's Pub & Eatery.

The Lakes Region landmark was

L

ago's Ice Cream in Rye

marked 40 years of serving up award-winning, homemade ice cream. Longtime owners

honored for their outstanding community service and involvement. Patrick's impact includes assisting people and organizations in realizing their goals, from fundraising events to bone marrow drives and community meetings.

Andrea and Steve Grenier are

FROM DISHWASHER TO OWNER

the fourth-generation to make

C ongratulations to Patrick

and scoop ice cream for the

Ballentyne, who rose through the

family-owned business.

ranks from dishwasher to executive chef to now co-owner

TUSCAN VILLAGE OPENS PHASE 2 IN SALEM

of Street in Portsmouth with Jay McSharry and Matt Louis.

LEMONGRASS CELEBRATES 15 A wave of retailers and a beer garden open their doors in the coming weeks at Tuscan Village in Salem, New Hampshire, followed by a grand opening weekend starting May 29.

C hef Ooh and the team at Lemongrass Restaurant and Sake Bar in Moultonborough celebrated 15 years of proudly serving American recipes with an Asian twist last month. Cheers!

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MEMBER INTERVIEW

An Interview with Copper Door’s Pastry Chef, Cathy Allen Cathy Allen has been a staple at Copper Door Restaurant. She puts true passion into each of her creations. From custom Private Dining Event Cakes to seasonal treats found on Copper Door’s Dessert Menu, everything she makes is truly delicious!

Cathy, when did you start in the Pastry Business?

When I was thirteen, my mom opened a bakery. I started working with her making finger rolls which to this day I don’t enjoy making. They were a lot of work and we made many. From there, I started helping the cake decorator. This was fun for me as we made everything right there. I oversaw making the little drop flowers for the decorators to use.

During my time there, my mom showed me how to make all kinds of fun desserts and started my love for baking. www.nhlra.com | 7

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Did you always stay in the baking business?

Well, later I had a family of my own and opened a cleaning business. I kept my love of baking and continued this through bake sales and hosting family gatherings. I used to try out fancy pastries with my family all the time! I never stopped; I just wasn’t doing it professionally. After my last daughter went to college I dove back into my passion. I wanted to learn everything about it. I wanted to experience all of it, so I went around to different people and watched their techniques. I am always learning. You are never done learning.

How did you start with Copper Door?

Well, it was back in November of 2011. I was working three different experiences, and I call them that because they weren’t just jobs. I was a pastry chef at a country club, I had two cases in Hopkinton to manage, and I also worked for a friend’s cafe where I started working with bread. I heard through the grapevine that Copper Door was hiring. I had met Chef Nicole the year before at an event and I loved being around her. I said you know, I want to be a part of that company so when that opportunity arose, I went for it! I applied and made a bunch of desserts and created them all from scratch. It was a little scary because the kitchen was so busy, but I

was so excited. They loved my dessert, so I was hired! Best decision I have made.

"I enjoy the ability to be trusted. Copper Door really invests in my creativity and well-being."

Tell me your favorite desserts to make.

I love making tortes and cakes with beautiful decorations, anything that can be delicious and look beautiful. I love adding caramel tuilles, truffles, or any edible garnish really. I do a lot of baking at home too. It is a very centering experience. When I am stressed from life, I pull out all my baking equipment and bake. I have been experimenting with Rice Krispies Treats lately. I enjoy being able to make and add different ingredients and garnishes. It has been awesome.

How did the famous cupcakes come about?

It was early in the opening of Copper Door. We were just going to make our signature cupcake at first but from there the manager www.nhlra.com | 8

at the time would tell me what martinis they wanted to feature each month and then we started developing monthly cupcakes to go with them. I really enjoy this part of my job. I enjoy the ability to be trusted. Copper Door really invests in my creativity and well-being.

The chocolate cups (that look like cupcake baking cups) are a hit! When people get the cupcake, they are so shocked that they can eat the cup it comes in. It is a lot of fun.

What can you leave us with?

I think as a Pastry Chef, emotion must go into your creation. If you are truly passionate, you will be able to taste it. I also think it is important to listen to your team and customers. I have really learned to listen to my audience, and it has made me better.

Outside of the cupcakes, what is your favorite Copper Door dessert?

Easy, Crème Brûlée! I love the garnishes and they are so fun to make. It is my favorite to make seasonal ones. They are always changing with what is in season to give it the best flavor possible.

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Worker Classification Whiplash: THE DOL OFFICIALLY WITHDRAWS THE INDEPENDENT CONTRACTOR RULE

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

Businesses are probably reaching for their seatbelts as they continue to adjust to the whiplash associated with a new Presidential administration. These changes to the law have become more common given that increasingly legal guidance is driven by executive action rather than legislation. Most recently, we have seen the whiplash arise in the context of worker classifications.

On May 6, 2021, the United States Department of Labor (“DOL”) officially withdrew the Trump-era independent contractor rule.That rule established the Fair Labor Standard Act (“FLSA”) standard for determining when a worker is an employee or an independent contractor.This distinction is critical for businesses to determine their obligations to pay their individual workers. In

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essence, a worker who qualifies as an employee has to be paid in accordance with the minimum and overtime wage requirements of the FLSA. These FLSA wage rules do NOT apply to independent contractors. This means that employees have to be paid at least federal minimum wage for every hour they work, and they have to be paid compensated for overtime, at a rate at least 1.5 times the regular rate, for every hour worked over 40, while independent contractors do not.

The now-defunct independent contractor rule, which was finalized in January 2021, was hailed by the previous administration as clarifying when an individual is an independent contractor.

Briefly, the rule provided that the “economic reality test” (i.e., is the worker actually economically independent from the employer) determines when an individual is an independent contractor or an employee. It identified the “core” factors relevant to the test as: 1) the nature and degree of control over the individual’s work; 2) the

worker’s opportunity for profit or loss and other guiding factors; 3) the amount of skill required for the work; 4) the duration/degree of permanence of the working relationship between employer and worker; and 5) whether the work is part of an integrated unit of production.

The rule also offered practical examples to help employers understand how the test would have been applied.

But the current administration’s DOL disagreed with this approach.

According to the DOL news release, the withdrawal of the 2021 rule was appropriate because 1) it conflicted with the text and purpose of the FLSA and related common law, and 2) it narrowed too greatly the facts and considerations for assessing whether a worker is an employee or an independent contractor to the detriment of workers. And since it was the rule of an executive agency, not a law passed by Congress, it was easily withdrawn.

So where does the law stand now? The DOL did not propose a new rule to replace the one withdrawn. There is also no indication that the DOL will be finalizing a new rule any time soon. This means that prior precedent and DOL materials will guide worker classification issues until new rules are developed.

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Unfortunately, these earlier materials contain no single rule or test for determining when a worker is an independent contractor or an employee. According to prior decisions by Federal courts and guidance from the DOL, the totality of the circumstances must be assessed to determine whether there existed an employee/employer relationship. A 2008 DOL Fact Sheet regarding the employment relationship provides that among the factors significant in that assessment are: 1. The extent to which the services rendered are an integral part of the principal's business.

2. The permanency of the relationship..

3. The amount of the alleged contractor's investment in

facilities and equipment.

4. The nature and degree of control by the principal.

5. The alleged contractor's opportunities for profit and loss.

6. The amount of initiative, judgment, or foresight in open market competition with others required for the success of the claimed independent contractor.

7. The degree of independent business organization and operation By contrast, factors like the place where work is performed, the absence of a formal employment agreement, whether an alleged independent contractor is licensed by State/local government, or the time or mode of pay are not considered relevant to determinations as to whether

there is an employment relationship.

With all that said, businesses who misclassify workers as independent contractors face the possibility of significant and costly litigation. So it is important to comply with the law. Businesses who may have re-characterized workers as independent contractors based on the now withdrawn 2021 rule should re-assess whether their classifications still hold up.

Businesses who did not reclassify workers when the 2021 rule became final should nonetheless familiarize themselves with and follow prior DOL and court guidance.

And as always, stay tuned. Let’s face it, nothing is certain in life except death, taxes, and change.

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Take Survey

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NEW HAMPSHIRE PROSTART

STATE INVITATIONAL RECAP

By Amie Pariseau, NHLRA Director of Education and Workforce Development

Our annual New Hampshire ProStart State Invitational had a different look (and time of year) for 2021.

Usually held in March, due to state guidelines, school protocols, and the cancellation of the ProStart Nationals Invitational, our state competition was held on May 11.

Schools were faced with many challenges this year, which impeded our typical participation rate. We are thankful for the four schools who were able to compete: Milford Applied Technology Center (culinary), Mount Washington Valley Career Technical Center (culinary and management), Pinkerton Academy (culinary and management), and White Mountains Regional High School (culinary). We adhered to social distancing, and all students, judges, and staff

wore masks throughout the event. Since we didn’t allow spectators, we hired a company to live stream the event. If you would like to watch some amazing high school students in action, click here.

Culinary Results The first place winner, White Mountains Regional High School, was a formidable team of three. Not only did they take the top spot, the team also won the Gold Star Awards for Knife Skills and Safety & Sanitation. Their menu of Pan Seared North Atlantic Salmon with Sauce Gribiche, Tarragon and Honey Scented Lamb Loin with Oyster Mushroom Ragout, and Key Lime Mascarpone Mousse was very well executed from start to finish.

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We can’t wrap up the New Hampshire ProStart Invitational without thanking the following: Our sponsors and supporters: Café Services, 110 Grill, High Liner Foods, Gordon Food Service, Performance Food Group, US Foods, The Common Man Family, The Flatbread Company, Dexter Knives, and Kittredge Food Services Equipment & Supply

veterans who lead their team to the Gold Start Award for Communication. Pinkerton Academy created a Beet and Corn Salad, Pistachio Crusted Rack of Lamb, and a Bavarian Chocolate Mousse.

The third place team from Mount Washington Valley Career Technical Center also brought back team members from 2020.

They carefully crafted Filipino Lumpia with Orange Pepper Pineapple Coulis, Pan Seared Filet of Cod with Mango Salsa, Wild Rice Mix with Vegetables, and Sautéed Brussel Spout Leaves, and a Cup Custard served with a Honey Almond Lace Brittle and topped with Whipped Cream.

Milford Applied Technology came in fourth place. They came with a tiny, but mighty team of two and executed Pan Seared Scallops Bacon Dashi, Asian Grilled Tenderloin, and Chocolate Miso Mousse Barquette with Raspberry Coulis. We know we’ll see this duo come back next year to try to claim a spot on the podium.

Management Results Pinkerton Academy captured the top spot and team member, Fitch Evans, was awarded the Gold Star Awards for Creativity and Critical Thinking Skills. Jaded Warrior featured Ramen Bowls which was were sure to be a bit hit at the local airport in ProStartville, USA. Mount Washington Valley Career Technical Center came in second place with their restaurant, The Beachside Grind. An oceanside upscale coffee shop, The Beachside Grind serves a variety of pastries and flavored hot and cold beverages.

Our culinary judges: Bryant Alden (Wildcat Inn and Tavern), Mike Beers (BAM Hospitality), Will Beriau, Brian Coffey, David Turin (David’s Restaurants), Perrin Long (The Barn at Moody Mountain Farm), Gary Sheldon, Lisa Somerville (Vintage Bakery), and Nathan Varney (River House Restaurant Group), and timers Gail Batstone (Owl’s Nest Resort), Garrik Berry (ProStart Alum), Stacy Kreklow (Ohana Kitchen), and Matthew Pierce (Café Services) Our management judges: Jay Bolduc (Great NH Restaurants), 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), and timer Dominic Berry (ProStart Alum) We’re looking forward to welcoming all of our schools and their family and friends to the New Hampshire ProStart State Invitational on March 8, 2022.

Management Winners, Pinkerton Academy

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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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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.

CREDIT CARD PROCESSING 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 May 2021.

Kittredge Equipment & Co. Twin Mountain Cottages Hampton Beach Casino Ice House Jumpin' Jay's Fish Cafe Martha's Exchange Restaurant Red Blazer Restaurant & Pub Polish American Club

Mittersill Alpine Resort Brick Front Restaurant Hampton House Hotel Wentworth Hotel of Jackson Shibley's at the Pier J-Town Deli Thayers Inn Island Hospitality Management

NEW MEMBERS Welcome to these new members!

Garwoods Restaurant & Pub The Jefferson Inn Loon Mountain

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