The Dish │ October

COVER

Members Around Town October Anniversaries

Property Insurance Trends

the Industry Winners Upcoming

Man Opens New Roadside

Proposes

Addition to

Contractor Rule

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

Vice Chair Allied Membership

Paul Ramsey Palace Theatre

Secretary/Treasurer

Brian Ferguson

Flag Hill Distillery & Winery

NHLRA President & CEO

Mike Somers

NHLRA Education Foundation Executive Director

Amie Pariseau

NHLRA Membership & Business Development Director

Samantha Poole

NHLRA Office & Events Manager

AubreyLynn Goodale

NHLRA Social Media & Marketing Coordinator

Jillya Jannetti

Amie, Aubrey, Jillya, & Samantha at the CSRA meeting in Providence.

If you'd like to update us with any company news for our Members Around Town section, please email Jillya at jjannetti@nhlra.com.

Want in on The Dish?

Meet Jillya

NHLRA Social Media & Marketing Coordinator

Hello!

My name is Jillya Jannetti, and I am NHLRA's newest addition to the team! I was born and raised in southern New Hampshire, and have been working in restaurants for over four years from serving to managing. In that time, I've become passionate for not only the industry itself, but the people who make it all possible. With that passion in tow, I joined NHLRA so I could stay connected to the restaurant industry from a different point of view. I'm so excited to work with you all in promoting, protecting, and educating New Hampshire's hospitality industry!

Jannetti

Register by October 31!

Members Around Town

Henniker Brewing Company's new fall beer release, part of a much larger state wide collaboration effort orchestrated by the New Hampshire Brewers Association. “Keep NH Brewing” is a 6% New England IPA featuring locally grown and malted grains and Maine grown hops. The result is a refreshingly bright and palatable IPA with a moderate bitterness, showcasing all that is wonderful about the Granite State. Proceeds from can and pint sal benefit the New Hampshire Brewers Association

Chocolate Chip Cookie in NH

Bedford Village Inn serving up an antipasti board and seafood tower at their new Restaurant, Trattoria Fondi.

A Bear-y

Strange Guest!

A black bear looking over a railing at Omni Mount Washington Resort in Bretton Woods before staff members made noise to send the bear away.

NEEDS YOUR HELP! THE EDUCATION FOUNDATION

From ProStart® to career fairs to New Hampshire HospitalityMonth,theNHLRAEducationFoundationis always working to turn the best and brightest talent intotomorrow’sindustryleaders.

Here at NHLRA, we know that no one knows the industry quite like you do; please help give these students a taste of your world and donate prizes for theFoundationtoawardthroughouttheyear. Yourdonationwillhelpinspirethenextgenerationof chefs,businessowners,andmanagerstofollowtheir hospitalitydreams!

TO DONATE OR FOR MORE INFORMATION, KINDLY REACH OUT TO: Amie at apariseau@nhlra.com.

Anniversary,

100th Happy Anniversary,

Upcoming Events

Workforce Series: Working with the Next Generation

October 25, 9:30 a.m. 11 a.m. Virtual Webinar

Women in Hospitality & Tourism: Diving into Mentorship

November 7, 8:30 a.m. -11 a.m.

Grappone Conference Center, Concord

Stars of the Industry

November 14 Atkinson Resort & Country Club, Atkinson

Women in Hospitality: Empowerment Through Connections

May 23, 8 a.m. - 5 p.m. Church Landing, Meredith

October 24- Portsmouth

October 25- North Conway

November 1- Concord

November 7- Manchester

November 14- Nashua

November 21- Portsmouth

November 22- Lebanon

The Common Man Roadside Brings a Restaurant and Café to Manchester’s Millyard

By Bill Boynton

Its vast brick buildings were once home to the largest textileproducerintheworld NowManchester’shistoric Millyard has been transformed to a bustling center for high tech companies, universities, and professional offices. It’s in this setting that the Common Man Roadsidehasopenedanewrestaurantandcafé.

The new Common Man Roadside Millyard restaurant and café is located in the Tru Hotel by Hilton Hotel on Commercial Street. In homage to the area’s historic past,theinterioroftheCMRMillyardfeaturesreclaimed wood from barns in Epping, and salvaged brick that wasoncepartoftheformertrainstationinConcord.

“Wewantedittofeellikewe’vebeenhereforahundredyears,eventhoughthe buildingisalmostbrandnew,”saidBradPernaw,managingpartnerofGraniteState Hospitality, which has previously redeveloped the Hooksett Welcome Centers on I 93 and opened Common Man Roadside Markets &; Delis in Plymouth and Manchester.

“We loved the location,” Pernaw said. “We looked at this without the hotel lens and thought this would be a good area to be in for lunchbusiness.Thenwhenyouaddin126guest rooms in the Tru Hotel, it really made the projectwork”

The full service restaurant and adjacent café are open for breakfast, lunch and dinner, and offeranextensivemenuofsandwiches,pizza,

salads,pasta,soups,freshpastriesandcafédrinks.Therestaurantfeaturesanopen kitchenandbar,withextensiveinsideandoutsidepatioseating,includinganalcove withfirepits.

Thecafésidefeaturesbaristaservice,afreshpastrydisplaycase,andleatherchairs andcoffeetables

This new Common Man Roadside concept is “a lot more casual,” says Pernaw. “We haveexpandedwhatweweretraditionallydoing.You’repartoftheexperiencehere. Youcouldcomehereeveryday.”

Among the already popular new menu items are the short rib poutine, the “Nashville Hot Chicken” sandwich, and the “Crispy Cod” sandwich.

“We want to highlight popular food trends and New England favorites,” Pernaw said. The bar offerings highlight local craft beers, including Common Man beer and ale produced by Smuttynosebreweryand603Brewery. “A lot of the Millyard team have been here in the Common Man Roadside family for years,” BradPernawsaid.“Theyreallyknowwhatthey are doing Others are newer to the scene and arehighlyeffectiveandpersonable”

AndtheCommonManRoadsideMillyardplaceshighemphasisoncustomerservice.

Here We Go Again: DOL Proposes Latest Revision to Independent Contractor Rule

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

On October 11, 2022, the DOL finally announced the publication of its proposed new rule. And what was old is new again. The proposed rule reverts back to an “economic reality test” for evaluating whether a worker is an independent contractor based on the “totality of the circumstances” of the worker/business relationship It establishes a new 6 factor, equal weight approach for the test

Application of this Proposed Rule will fundamentally affect the relationship betweenmanycompaniesandthepeoplewhoworkforthem.

TheDOLclaimsthattheProposedRuleis necessary to “preserve essential worker rights” under the Fair Labor Standards Act (the “FLSA”). This is the federal law that requires employers to pay employees minimum wage, as well as overtimepremiumpay(1.5timesregular rate) for all hours worked over 40 in a workweek. The FLSA exempts certain typesofemployeesfromsomeofthese

protections, but the FLSA does not apply at all to independent contractors. That means, that workers who are properly classified as independent contractors do not have to be paid minimum wage or overtime pay. This is why the DOL standard for determining who is or is not an independent contractor is so importanttoemployers

InJanuary2021,duringtheprioradministration,theDOLpublisheditsownversion of the independent contractor rule. The 2021 Rule identified five (5) factors to guide whether a worker was an independent contractor. It further identified 2 of those factors - the nature and degree of control over the work and the worker’s opportunity for profit and loss to serve as “core factors” that should be given greaterweightintheanalysis.OnMay6,2021,theDOL,ledbya continued

new administration, withdrew the 2021 Rule. A legal battle over the withdrawal followed One federal court ruled that the current administration could not withdraw the 2021 Rule the way they did, which brings us to now, with the DOL proposingabrand newrule(whichlooksmuchliketherulebeforethe2021Rule).

Confusedyet?Herearethedetails:

TheDOL’snewProposedRuleestablishes an “economic reality test”. In short, this stands for the principle that what mattersindeterminingwhetheraworker is an independent control or employee is not how the worker is designated in a contract or otherwise expressed by the parties, but rather the economic reality concerning whether “the worker is economicallydependentonthe

employer for work (i.e., an employee) or is in business for themself (an independentcontractor).TheProposedRule,unlikethe2021Rule,looksat“totality of the circumstances” in applying the economic reality test. It uses a six- factor test for determining whether worker is “economically dependent” on the employer.Thesearethefactors:

1)opportunityforprofitorlossdependingonmanagerialskill(whethertheworker exercisesmanagerialskillthataffectstheworker’seconomicsuccessorfailurein performingthework),

2) investment by the worker and the employer (whether there is investment by theworkerthatiscapitalorentrepreneurialinnaturethatincreasestheworker’s ability to do different types of or more work, reduce costs, extent marking work, thussuggestingtheworkerisinbusinessforhimself),

3) degree of permanencies of the work relationship (whether the work relationship is indefinite or definite or continuous in nature, non exclusive, project based,orsporadic);

4)thenatureanddegreeofcontrolovertheworker(basedonconsiderationslike scheduling, supervision, setting a price or rate for goods or services, ability to workforothers),

5) the extent to which the work performed is an integral part of the employer’s business (whether the worker provides the same type of services/goods as the hiringbusiness),and continued...

6) the skill and initiative of the worker (whether the worker uses specialized skills to perform the work and those skills contribute to business initiative consistent with the worker being in business for themselves rather than economically dependentontheemployer).

Unlikethe2021Rule,noonefactorisconsideredmoreprobativeinassessingthe independent contractor relationship Each of the factors holds equal weight The new Proposed Rule also includes a “catch all” which provides that “additional factors” not listed may also be considered to determine whether, under the totalityofthecircumstances,aworkerisanindependentcontractororemployee.

So,what?

The repeated changes to the DOL’s independent contractor rule (and other administrative regulations) create significant uncertainty and confusion for businesses. Those who misclassify workers as independent contractors face the possibility of significant and costly litigation. They also risk civil penalties for misclassifyingtheirworkersasindependentcontractors.

Businesses who re characterized workers as independent contractors either basedonthe2021RuleorinMay2022,whenthatrulewaswithdrawn,shouldre assess whether their classifications would still hold up under the new Proposed Rule. If and when the Proposed Rule becomes final, it would transform some workers from independent contractors into employees. Businesses must thereforemakeeffortsconsiderreclassifyingtheiremployeesyetagain Business with an interest on the issue should also submit comments, pro or con by November 28, 2022. Comments can be submitted online. Lastly, business must continue to monitor developments in the law. Given the consequences, it is importanttounderstandandcomplywiththechanginglaw.

Take the OneHour Challenge!

September Renewals & New Members

Thank You & Welcome!

Ames Farm Inn

Beer Distributors of New Hampshire

Carriage House Restaurant

China Palace Restaurant Inc.

Davignon Club

Flat Iron Catering Co. dba. Chef

Koz’s Crescent City Kitchen

Galley Hatch Restaurant

Lamie's Inn & Old Salt Restaurant

Manor on Golden Pond

Meredith Inn B&B

Patrick's Pub & Eatery

Portsmouth Brewery

Quality Inn & Suites

Sandwich Master

Seasons Resort

Shaskeen Irish Pub and Restaurant

SNHU Arena

Stonehurst Manor

Strange Brew Tavern

The Foundry Restaurant

The Palace Theatre

Waterhouse Restaurant and Baker's Station at the Waterhouse

Windjammers Seafood Restaurant