The Dish | November 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 & R E S T A U R A N T A S S O C I A T I O N

Issue No. 11

• November 2021 • Cover Photo: Eagle Mountain House & Golf Club

Leadership Report

OSHA's Vaccine Rule

Celebrating Our Stars

A letter from our newly-elected Chairman of the Board.

Our legal experts bring you the latest.

A recap of our awards reception and dinner.

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page 9

page 16

Inside YOUR GUIDE TO ISSUE NO. 11

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Leadership Report

A letter from our newly-elected Chair of the Board, John Dunn

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Members Around Town

Property sales, new owners, and exciting expansions

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Celebrating Our Brewers

NH Brewers Association's 2nd Annual NH Pint Days

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Legal Update

OSHA publishes anticipated federal vaccine and alternative testing requirements

Costumes and candy at Waterstreet Cafe.

15 Free Training and Resources

"Halloween Howl" at Dos Amigos.

Human trafficking in the hospitality industry

16 Stars of the Industry A look back at our annual event Recap

18 Workforce Series

Discover how NH Employment Services can help you recruit and retain staff

19 Winterproof Your

Tips on keeping your property safe this winter

Event

Workplace

Cover Photo by Kevin Hardman Photography of Eagle Mountain House & Golf Club in Jackson, NH.

Getting spooky at Smuttynose.

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LEADERSHIP REPORTS

Message from the Chairman As I begin a new year as Chairman of the Board for the New Hampshire Restaurant & Lodging Association, I am humbled to share a few thoughts. I am enthusiastic about the year ahead for the hospitality industry and the thousands of resilient people who make the New Hampshire hospitality industry rock!

These are the times when our industry is the catalyst for healing as we bring people together after being pushed apart. The quarantines, social distancing, zoom calls, and social media all lead to isolation, and the hospitality industry is the prescription for healing and bringing us back together. There is great joy in walking through a busy restaurant with families celebrating an occasion, friends getting together, a young couple on a romantic date, an older couple still enjoying each other’s company. There is a vibrance and electricity in the air as people come together to break bread and raise a glass, and we have the privilege of orchestrating the symphony.

It truly is the people who make NH's hospitality industry great.

Our product is our people; the physical assets are only a piece of the puzzle. From the guest service team members who are

the face of our businesses to the countless individuals working behind the scenes, our people are the engine that keeps us moving forward, providing uncompromising hospitality to our guests.

While the workforce shortage is the greatest challenge facing our industry this year, the resiliency of our people has allowed us to adapt and persevere to get the job done.

As we learn to navigate these waters, innovation and new technologies will be a part of the solution. However, the human element will always be the piece that separates the hospitality industry from all others. I've had the joy of working alongside countless amazing people throughout my career. They always make the long hours, demanding guests, and stressful situations much more tolerable.

As an industry, we must continue to invest in our teams and inspire people to understand that hospitality is a rewarding, fun, and fulfilling career path.

The hard-working team that makes up the NHLRA office has defined the meaning of perseverance. Their knowledge, communication, and dedication helped numerous businesses survive and thrive this past year.

Innovation will continue this year with a new app to improve the flow of communication, an updated website, and regional roundtables to answer questions and connect with members more frequently. The NHLRA has become a loud voice in the legislature where the concerns of our industry will always be heard to preserve and protect it from detrimental legislation and bring forth legislation for change when and where it is needed.

Finally, let us recognize that this year will bring new and different opportunities. We will find new ways of achieving the timeless service of hospitality, making our guests feel welcome, and recognizing the importance of our people in the hospitality industry - John Dunn 2022 Chairman of the Board Director of Operations, Michael Timothy's Dining Group www.nhlra.com | 3

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 Manager and Director of Workers' Compensation Trust

Samantha MacDonald NHLRA Social Media and Marketing Manager

Pamela Baker NHLRA Administration and Events Assistant

AubreyLynn Goodale 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.

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NHLRA

MEMBERS AROUND TOWN LABRIE FAMILY BUYS POCO'S

TUCKAWAY TAVERN AND BACKYARD BREWERY TEAM UP FOR NEW DERRY COMMISSARY, FOOD HALL he Derry Planning Board T unanimously approved a plan from the owners of Tuckaway Tavern and Backyard Brewery to build a 25,000square-foot building between McDonald’s and T-Bones on Crystal

Poco’s Bow Street Cantina

ended its more than three-

decade run under the ownership of John Golumb and Marlisa Geroulo this month. Brothers Peter and Mike Labrie, owners of Atlantic Grill and The River House, will take over. Peter's first hospitality job was as a bartender at Poco's over 30 years ago.

RED JACKET MOUNTAIN RESORT SOLD

Avenue in Derry.

The property will be branded Grindhouse Meat Co. and Backyard Brewery and Tasting Room with a shared dining hall.

THE COMMON MAN GOLF TOURNAMENT TEES UP $30K IN TOTAL ANNUAL GIVING TO MAKE-A-WISH NH

The Common Man family in New

Hampshire has exceeded $30,000 in fundraising in 2021 to help make wishes come true for Granite State children facing critical illnesses through a partnership with Make-A-Wish NH. Pictured: Make-A-Wish NH President &

CEO Julie Baron accepts a donation from Erica Auciello Murphy, Director of Communications and Community Relations for The Common Man, and Common Man CEO Vince Vella.

NEW OWNERS FOR WENTWORTH INN IN JACKSON

ew York-based company EOS N Investors LLC purchased the Red Jack Resort in Conway this month from The Davenport Companies.

The sale included five other Red Jacket properties on Cape Cod. The Davenport Companies have owned Red Jack Resorts since its creation in 1970.

ongtime owner Ellie Koeppel L sold her 19th-century Jackson landmark The Wentworth: A Country Inn for $11.675 to Bostonbased Atlantic Equity Partners, LLC. The new owners plan to create a permanent wedding facility on the site. The sale does not include the 18-hole Wentworth Golf Course, which is owned by Mike Mallett. www.nhlra.com | 6

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RAISING A (LIMITED-EDITION) GLASS TO OUR NH BREWERS

By CJ Haines, Executive Director, NH Brewers Association Celebrate the release of the NH Brewers Association's 2nd Annual NH Pint Days limited-edition 16 oz pint glass starting Wednesday, November 24, 2021.

Local artist, Sarah Fenerty, was commissioned for this year's design. Sarah's vivid outdoorinspired images adorn the beer cans of Northwoods Brewing Co's and fill her art portfolio. With her passion for craft beer and creative talent for capturing New Hampshire's wildlife, she brings to life the natural wonders of our Granite State like no other.

Craft beer enthusiasts can purchase this unique glass exclusively at participating brewery taprooms. Don't miss out!

Once the glasses are gone, they're gone!

In partnership with NH Brewers Association member breweries, Boelter Beverage, and event sponsors, $1 from every glass will be donated to the NH Brewers Association.

This full-color nature print is a conversation piece! We intertwined several state symbols to encapsulate NH's iconic state outline. Give it a spin, how many can you find?

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OSHA PUBLISHES ANTICIPATED FEDERAL VACCINE AND ALTERNATIVE TESTING REQUIREMENTS

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

Just days ago, the Occupational Health and Safety Administration (OSHA) issued its anticipated federal standard for mandating the COVID vaccine. Briefly, the emergency temporary standard (ETS) requires employees of private employers with more than 100 employees to be vaccinated for COVID or submit to regular

COVID testing. Here is a summary of the key features of the full ETS published in the Federal register: Which Employers Must Comply? All private employers under OSHA’s authority and jurisdiction who employ a total of 100 or more individuals at any time when the ETS is in

effect must comply. The 100employee threshold applies firm or corporate-wide. This means that private employers with multiple locations must count all of their employees together to determine if they satisfy the 100-employee threshold. Separate, but related corporate entities which centralize “safety matters” must also count www.nhlra.com | 9

all employees together.

Franchisee locations with separate ownership would count their employees separately from the franchisor, and staffing agencies, as opposed to the host site are considered the employer for purposes of counting employees. It is estimated that two-thirds of all private-sector workers will be covered by the ETS. · Which Employees are Excluded? The ETS does not apply to employees who work remotely, exclusively outdoors, or alone, i.e., they report to a workplace where no co-workers or customers are present.These employees must be counted toward the 100-employee threshold, but they do not have to comply with the vaccination/testing requirements. · What are the Requirements?

The ETS has 7 main components: 1) Mandated COVID Vaccination Policy or Choice to Test and Mask 2) Testing and Masking of the Unvaccinated, 3) Monitoring and Removal of COVID Positive Employees; 4) Paid time off for vaccinations, 5) Record keeping of vaccination and testing results, 6) Notice to employees about COVID and employee rights; and 7) Reporting.

Mandatory COVID Vaccination or Choice of Vaccine or Testing. Covered employers must prepare and enforce a policy that either mandates employees get the COVID-19 vaccines or

requires employees to choose to either be vaccinated or undergo weekly COVID-19 testing and wear a face covering at work.

Testing and Masking.

Employees who are not fully vaccinated must be tested for COVID-19 at least weekly (if in the workplace at least once a week) or within 7 days before returning to work (if away from the workplace for a week or longer). The ETS does not require employers to pay for any costs associated with testing, but they may volunteer to do so.

Employer payment for testing may be required by other laws, regulations, or collective bargaining agreements or other collectively negotiated agreements. As far as masks go, employers must ensure that every employee who is not fully vaccinated wears a face covering when indoors or when occupying a vehicle with another person for work purposes, except in certain limited

circumstances.

Employers also are not allowed to prevent any employee, regardless of vaccination status, from voluntarily wearing a face covering unless it creates a serious workplace hazard (e.g., interfering with the safe operation of equipment).

Monitor and Remove COVID + Employees.

Employers must require that their employees promptly provide notice when they receive a positive COVID-19 test or are diagnosed with COVID-19. The ETS also requires that employers immediately remove any employee from the workplace, regardless of vaccination status, who receives a positive COVID-19 test or is diagnosed with COVID-19 by a licensed healthcare www.nhlra.com | 10

provider, and keep those employees out of the workplace until they meet criteria for returning to work.

This is consistent with CDC guidance which does not require vaccinated individuals exposed to COVID to quarantine unless they have symptoms or test positive.

Paid Time Off. Employers must provide employees reasonable time, including up to four (4) hours of paid time, to receive each vaccination dose and/or to recover from the side effects experienced following each dose of the COVID vaccine.

Record Keeping. Employers must determine the vaccination status of each employee, obtain acceptable proof of vaccination, maintain records of each employee’s vaccination status, including a roster of employee vaccination status.

Notice. Employers must provide employees in a language and at a literacylevel they understand: (1) information about the requirements of the ETS and workplace policies established as a result thereof; (2) the CDC document “Key Things to Know About COVID-19 Vaccines”; (3) information about protections against retaliation and discrimination; and (4) information about laws that provide for criminal penalties for knowingly supplying false statements or documentation regarding COVID status.

Reporting. Covered employers are required to report to OSHA COVID-19 fatalities and hospitalizations. Fatalities must be reported within 8 hours, and work-related COVID-19 in-patient hospitalizations within 24 hours, of the employer learning of the event.

· What are the Deadlines?

Employers have 30 days after publication, i.e., by December 5, 2021, to implement the vaccination and other requirements (except for testing).Employers have 60 days after publication, i.e., January 4, 2022, to provide testing for employees who have not received all doses required for vaccination. In essence this means that covered employers must by December 5 have their vaccination and record keeping policies ready, be providing required information to employees, know and track the vaccination status of the workforce, and be giving paid time off for vaccinations.

Employers must ensure that workers get the final – or only – dose of the COVID-19 vaccine by January 4, 2022, before testing must begin. · What are the Penalties for Non-Compliance?

Noncompliant employers can face fines up to $14,000 per unvaccinated worker, implemented and enforced by OSHA.

The ETS purports to preempt state and local rules. Several Republican-governed states, including New Hampshire, have already committed to mounting lawsuits challenging the ETS. One Federal court has already a nationwide pause on the ETS. But whether these challenges will succeed to strike down the ETS remains to be seen.

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Arguably, the ETS is not a vaccine mandate as it allows employers to choose as an alternative to permit employees to “test out” of the vaccine mandate. In theory, this should prevent mass resignations of employees who object to vaccine mandates and avoid significant staff shortages employers are concerned will be triggered by the ETS. As for the issue of federal preemption, the argument will likely be that what really preempts state and local law under the Federal Supremacy Clause is OSHA’s statutory “general duty” requirement, as

opposed to the ETS itself. The ETS is really just the agency interpretation of same under current circumstances. That interpretation is entitled to a certain amount of deference, but that deference is not absolute and courts could overturn it depending on the circumstances in any case, as more fully discussed here. Even so, there is still the issue of whether a vaccine mandate or the other requirements of the ETS are themselves an overreach of OSHA’s general authority.

to comply while we await a final decision on its enforceability.

OSHA is offering compliance assistance to help businesses implement the standard, including a webinar, frequently asked questions and other compliance materials. If Courts uphold the ETS, it might actually provide helpful legal cover to employers who wanted to implement vaccine mandates on their own to avoid business interruptions that happen when employees bring COVID to the workplace.

In the meantime, covered employers are well-advised to understand the ETS make a plan

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A NIGHT OF A COMMUNITY AND CELEBRATION THE INDUSTRY COMES TOGETHER AT THE EVENT CENTER NASHUA It was a night of memorable speeches, community connections, and excellent food and wine. On November 8, over 300 hospitality professionals came together at the Event Center Nashua for our annual Stars of the Industry reception and dinner. Thank you to all of our sponsors, exhibitors, and attendees for helping make this annual event a great success, and congratulations to all of our stars!

ANNUAL MEMBERSHIP MEETING HIGHLIGHTS John Dunn, Director of Operations for the six-unit Michael Timothy's Dining Group, was elected Chair of the Board at the annual membership meeting.

Following the election, Congressman Chris Pappas briefly addressed the group and took questions on topics ranging from immigration reform to the current workforce shortage.

Rep. Pappas taking questions.

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NETWORKING RECEPTION Before dinner, attendees connected at our networking reception, enjoying passed hors d'oeuvres and food and drink samples from our vendors.

Exhibitors displayed the latest products and services tailored to the hospitality industry.

DINNER AND AWARDS The celebration continued with a steak dinner and wines from M.S. Walker. Our 11 Stars of the Industry recipients each accepted their awards on stage, delivering moving speeches that touched upon their appreciation for their colleagues and families and the hard work and passion that went into their journeys.

THANK YOU TO OUR EVENT SPONSORS

THANK YOU TO OUR STRATEGIC SPONSORS

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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 Goodale apaquette@nhlra.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. 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 15% 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 | 19

NOVEMBER RENEWALS Thank you to these renewing members!

Almost There Sports Tavern and Restaurant Barley House Restaurant & Tavern Beer Distributors of New Hampshire Cafe Services Ecolab Favorite Foods Inc. Flat Iron Catering Co. dba Chef Koz's Crescent City Flatbread Company Fratello's and Homestead Restaurant Great NH Restaurants Gypsy Cafe HGP Cafe LLC

Kancamagus Swift River Inn Lake House at Ferry Point B&B Mountain Edge Resort & Spa at Sunapee NASWA Resort Pleasant View Bed & Breakfast LLC Presidential Mountain Resort (PMR) Riverside Rest Home Rockywold-Deephaven Strange Brew Tavern The Beal House The Metropolitan Coffeehouse The Richards Group Thompson Tavern Trimark United East White Mountain Hotel & Resort

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.

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

DECEMBER CLASSES December 6- Concord December 14 - Manchester December 20 - Nashua December 27 - Portsmouth

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