Washington Hospitality Magazine February 2018

WA S H I N GTO N

February 2018

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Proactive in PREVENTING

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Washington Hospitality Association 510 Plum Street SE Olympia, WA 98501-1587

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Amy Spradlin | 800.225.7166 x 117 | amys@wahospitality.org

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EDITORIAL STAFF Publisher, Anthony Anton Executive Editor, Lex Nepomuceno Editor-in-Chief, Marianne Scholl Art Director, Lisa Ellefson Managing Editor, Paul Schlienz Contributing Editors: Andy Cook, David Faro, Jillian Henze, Morgan Huether, Nicole Vukonich and Sheryl Jackson

Inside

February 2018

EXECUTIVE COMMITTEE Chair: Frank Welton, Hilton Worldwide Vice Chair: Chad Mackay, Fire & Vine Hospitality EXECUTIVE TEAM President and CEO, Anthony Anton Vice President, Teran Haase CFO: Darin Johnson Senior Director of Communications & Technology, Lex Nepomuceno Director of Local Government Affairs, John Lane Director of State Government Affairs, Julia Gorton Director of Internal Operations, Kylie Kincaid Director of Membership, Steven Sweeney Education Foundation, Naja Hogander Incubation Senior Manager, Ken Wells Benefit Programs and Events Senior Manager, Victoria Olson

Features 12

What’s Hot: 2018 Culinary Forecast

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Three Lodging Trends to Watch in 2018

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Proactive Approaches to Address Sex-based Harassment

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Preventing Harassment through Workplace Culture & Practices

510 Plum St. SE Olympia, WA 98501-1587 T 360.956.7279 | F 360.357.9232 wahospitality.org

In Every Issue Letters are welcomed, but must be signed to be considered for publication. Please include contact information for verification.

Reproduction of articles appearing in Washington Hospitality Magazine are authorized for personal use only, with credit given to Washington Hospitality Magazine and/or the Washington Hospitality Association.

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From Your President and CEO

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News Briefs

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Association News

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Local GA Update

Articles written by outside authors do not necessarily reflect the views or positions of the Washington Hospitality Association, its Boards of Directors, staff or members.

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State GA Update

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Lex on Tech

Products and services advertised in Washington Hospitality Magazine are not necessarily endorsed by the Washington Hospitality Association, and do not necessarily reflect the opinions of the Washington Hospitality Association, its Boards of Directors, staff or members.

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Calendar/New Members

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Ask the Expert

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Andy Cook

360.956.7279 andyc@wahospitality.org Washington Hospitality Magazine is published monthly for members. We welcome your comments and suggestions. email: news@wahospitality.org, phone: 800.225.7166.

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HEALTHCARE

SOLUTIONS

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HEALTHCARE SOLUTIONS WA Hospitality Benefits Specialist Lesley Webb-Henry 877.246.0545 wahospitality.org/wise-buy/health-care-solutions

President and CEO

What Hot Trends Say About Hospitality I look forward to the February issue each year because it highlights the National Restaurant Association’s What’s Hot Culinary Forecast. The NRA surveyed nearly 700 professional chefs late last year to find out which food, beverage and culinary themes would be hot trends in 2018. The results say a lot about our industry’s values and our role in our local communities.

Hyper-local tops the Top 10 Concept Trends list again this year, with many products that used to be brought in from far away now being made—even grown—on site. Locally-sourced meat and seafood and locally-sourced produce are also on the list, and environmental sustainability and food waste reduction remain in the top 10.

At the end of the day, these top trends continue to speak about hospitality’s drive to find solutions to problems facing our communities and our guests.

Restaurants are both responding to our customers’ desire for healthier, sustainable food and creating a greater demand for food that has less of an impact on the environment and delivers a great local experience.

If the What’s Hot report is one of your strategic tools, I urge you not to get overly focused on a single trend, but to look at the big picture. Think about how these concepts relate to how your business is moving forward.

Almost as important as what you’re doing, is making sure your team and customers know that you’re doing it. Are your servers or counter help ready to talk about the great locally-sourced produce in your special? Do they know about the pickles you now make on your own or that you’ve reduce food waste in a creative way?

Consumers are often willing to pay extra when they understand what you are doing and why. Tell your story and make them allies in your strategic vision for your business and your community.

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Top 10 Concept Trends for 2018 1

Hyper-local

2

Chef-driven fast casual concepts

3

Natural ingredients/clean menus

4

Food waste reduction

5

Veggie-centric/vegetable-forward cuisine

6

Environmental sustainability

7

Locally sourced meat and seafood

8

Locally sourced produce

9

Simplicity/back to basics

10

Farm/estate-branded items

From the National Restaurant Association’s What’s Hot 2018 Culinary Forecast.

Learn more pages 12-15.

Primary Source of Information | News Briefs

Warrantless searches or random viewing of entire guest registries violates Washington law. Hospitality businesses are part of local communities across Washington and work with law enforcement to assist in ending crime when there is a warrant and an individualized and reasonable suspicion related to a specific guest.

McDonald’s announces far-reaching recycling and sustainable packaging goals In January, McDonald’s announced its goal of having 100 percent of its guest packaging come from renewable, recycled or certified sources by 2025.

Its preference will be to use products that have a Forest Stewardship Council certification. A second goal for 2025 is to recycle guest packaging at all McDonald’s restaurants worldwide.

“As the world’s largest restaurant company, McDonald’s has the responsibility and opportunity to take action on some of the most pressing social and environmental challenges in the world today,” it stated in its unveiling of the 2025 goals. “Together with employees, franchisees, and suppliers, McDonald’s will use our scale for good to make changes our customers want and that will have a meaningful impact in the communities we serve.”

In making this announcement, McDonald’s, which has 37,000 restaurants in more than 100 countries, acknowledges that recycling infrastructure, regulations and consumer behaviors vary city to city and country to country. It will partner with industry experts, local governments and environmental associations, such as the World Wildlife Fund and Environmental Defense Fund, to improve packaging and recycling practices. With these partners, McDonald’s will create smarter packaging designs, implement new recycling programs, establish new measurement programs and educate restaurant crew and customers.

AG sues Motel 6 for regularly sharing all guest information with ICE On Jan. 3, 2018, Washington State Attorney General Bob Ferguson sued Motel 6, alleging six corporateowned locations disclosed the private information of thousands of its guests to U.S. Immigration and Customs Enforcement agents in violation of the state consumer protection law.

L&I webinars on new paid sick leave law will continue through February Washington’s Department of Labor & Industries will continue to offer a paid sick leave webinar through the month of February to help employers comply with the state’s new law. The webinar will be offered multiple times a day on Feb. 7, 14 and 28. It will give an overview of Initiative 1433 and paid sick leave requirements. Detailed information is also available at L&I’s online Employers Resource Center at lni.wa.gov/WorkplaceRights/ LeaveBenefits/VacaySick/ EmployerInfo.asp. Washington Hospitality has an online toolkit at wahospitality.org/blog/i-1433-paidsick-leave-toolkit. The toolkit includes links to information on Seattle, Tacoma and SeaTac paid sick leave ordinances.

The lawsuit contends that motel employees regularly provided ICE with guest registry lists that included the names, birthdates, driver's license numbers and license plate numbers of at least 9,150 guests over a two-year period.

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Primary Source of Information | Association News

The events leveraged partnerships with Washington State Department of Social and Health Services (DSHS) Employment Pipeline, Washington’s Employment Security Department (ESD), and ESD’s WorkSource program to send ready-to-work candidates home with job offers and, if needed, support and services to ensure their success as new hires in a hospitality position. Close to 200 positions were filled at an April event in Tacoma and May event in Seattle.

Say yes to our membership survey This month, Washington Hospitality is conducting our biennial survey to find out what members think about the job we are doing as your association. The results provide the Board of Directors and Association team with key information that will be used in setting association goals.

Verometrics, a market research company, will be calling members to participate in this brief survey. If you receive the call, we highly encourage you to take the time to provide important feedback. If you have any questions regarding the membership survey, please contact Sheryl Jackson at sherylj@wahospitality.org.

Hiring events win national award In December, our Education Foundation earned a 2017 Award of Excellence from the International Society of Hotel Association Executives for our Hospitality Hiring Events held in spring 2017. They won in the education and workforce development category.

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In announcing the award, ISHAE Executive Director Christine Pappas wrote “We had a record number of entries this year and all were excellent - but yours stood out from the rest.” Other winners include the Texas Hotel & Lodging Association in communications for Hurricane Harvey preparations and response and the North Carolina Restaurant & Lodging Association in public relations for its #FreeTheMimosa campaign.

Feb. 23 webinar will help you avoid common and costly mistakes on I-9 form The stakes for accuracy on I-9 forms are ever higher.

Fines doubled in 2016, and Immigration and Custom Enforcement investigations are expected to quadruple in number this year. To help members avoid common, but potentially costly, I-9 mistakes, Fisher Phillips attorney Davis Bae is holding a free is webinar on Friday, Feb. 23 from 10:00-11:00 a.m. that will cover a wide range of immigration compliance issues.

In addition to learning how to properly complete and store I-9s, the webinar will review the form’s discrimination pitfalls and how to conduct an internal I-9 audit.

Register at bit.ly/2mJSvzl.

Government Affairs | Local GA Update

Jobs tax proposal will return to Seattle The Seattle hospitality and business communities were able to defeat a jobs tax during the city’s budget process in late 2017, but a tax on jobs is back on the table.

In November, the City Council established the Progressive Revenue Task Force to identify at least $25 million in new taxes for initiatives to address homelessness. The task force began meeting in January and will consider a jobs tax and other revenue-generating ideas. It has a tight timeline to make recommendations to the council by March.

The Seattle Restaurant Alliance and Seattle Hotel Association are supporting the more comprehensive approach of One Table. This is a new regional approach to tackling the issues of homelessness and housing affordability, which spill beyond city boundaries. We support its regional focus and bringing together business, service providers, philanthropy and other community stakeholders to look at the region's current response to homelessness.

The Seattle team is in touch with the offices of Mayor Jenny Durkan and King County Executive Dow Constantine to support this effort.

New advisory council gives small business a voice at Seattle City Hall In November, Mayor Jenny Durkan established Seattle’s first Small Business Advisory Council to give small businesses a role in informing policies and programs. Hospitality is wellrepresented on the council among the four co-chairs. The group will give input on the impact of city decisions, make policy recommendations and increase access to tools and resources available to small businesses. The advisory council is expected to hold its first meeting by March 1.

Walla Walla now requires annual business licenses As of Jan. 2, 2018, the City of Walla Walla requires an annual business license, replacing business registrations formerly used by the City. The new rule applies to businesses operating in Walla Walla including outside contractors.

The city has partnered with the State of Washington Business License Service (BLS) for processing new licenses and renewals.

The annual business license fee is $50 with an additional $19 fee for first-time applicants. Renewals and additional endorsements will incur an $11 fee. Non-profits, businesses with $5,000 or less gross revenue, educational institutions and churches are exempt from the license fee but still must file a BLS application with the City. For more information, check out the city’s business license FAQ at wallawallawa. gov/depts/devservices/business-registration.

Spokane City Council bans the box Private employers in the city of Spokane are no longer permitted to inquire into a job applicant’s criminal history prior to an interview. This comes after Spokane County voted to remove questions about past criminal history from county job applications in October.

The ordinance prohibits employers from using criminal conviction or arrest records to make employment decisions prior to an in-person or online interview. The ordinance also prohibits employers from advertising a restriction on job applicants based on criminal conviction or arrest records unless the restriction is a bona fide condition of employment. For more information, including a sample job application, visit my.spokanecity.org/citycouncil/itemsof-interest/fair-chance-hiring.

—Jillian Henze and Morgan Huether February 2018 │ 9

Government Affairs | State GA Update

The 2018 Session Gets Underway

The 2018 legislative session began on Jan. 8 and is constitutionally scheduled to be a 60-day, short session. For the first time in five years, Democrats have majorities in the Senate and the House of Representatives. In the Senate, Democrats have a one-seat majority, while House Democrats have a two-seat majority. This means that Democrats are chairs of committees and in charge of setting the legislative agenda.

industry in cities with fewer than 10,000 residents.

Government Affairs team has testified in support of this bill.

The revenue generated from the fees would pay for public infrastructure and public safety. At press time, the bill is not moving forward in the legislative process in order to have more broad, regional conversations about local lodging taxes and fees later this spring.

The Legislature is an ever-changing environment where some bills might move through the legislative process swiftly, while others may never get a hearing, let alone reach the governor’s desk. Already this session, members of the State Government Affairs team have testified on two bills and are tracking many more as they are introduced.

To address concerns raised by supporters of the bill, these conversations will include discussion of the impact of large festivals and events on towns and smaller cities.

Tourism funding Tourism is critical to our state and is especially important to small, rural communities that depend on out-oftown guests to help sustain the local economy. Washington Hospitality’s top priority bill this session, Third Substitute Senate Bill 5251, would promote this vital sector of our economy by establishing a stable funding mechanism for statewide tourism promotion that is industry-led and supported. Additionally, it would establish the Washington Tourism Marketing Authority, a public/private partnership.

Early in the session, State Government Affairs Manager Morgan Hickel testified in opposition to Senate Bill 6010. This bill would create a $3 per room, per night fee on the lodging

On the fourth day of session, our Director of State Government Affairs Julia Gorton testified in support of Senate Bill 5689, a bill creating a Keep Washington Working Steering Committee and recognizing the invaluable contributions of immigrants to our industry, our state and our state's economy. This is the second time in as many years that the

In mid-January, SB 5251 had a very successful hearing in the Senate Economic Development & International Trade Committee. The bill was unanimously voted out of committee and referred to the Senate Ways & Means Committee.

—Nicole Vukonich

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Government Affairs | State GA Update

Washington legislators, staff and lobbyists support #MeToo movement with call to “Stand With Us.” Before last fall, survivors of sexual harassment or sexual violence often remained hidden in plain sight, afraid to tell their story for fear of retribution or not being believed.

This changed when courageous and brave women stepped into the light to share their experiences as part of the #MeToo movement. #MeToo went viral on social media and brought to our collective conscience the widespread prevalence of sexual harassment and sexual violence, especially in the workplace.

Together, women who spoke out became Time magazine’s Person of the Year as the “Silence Breakers.” The conversation remains ongoing as women across industries continue to raise their voice and say “Enough is enough.”

Women in the Washington State Legislature added to this conversation when they took a stand against what was always whispered about, but largely kept silent. In a letter titled “Stand With Us,” more than 170 women legislators, staff and lobbyists committed to making a “tangible commitment to end sexual harassment in all its forms in Olympia.” This commitment to a respectful working environment is not limited to the hallways and offices of the state capitol, but applies to all places of work in Washington state.

Sexual harassment and sexual assault have no place in today’s workforce or society. Legislative proposals being considered this session to address and end sexual harassment and sexual assault in the workplace include: House Bill 2778 provides state employees the option to keep their personal contact information private if they

make a sexual harassment claim. This bill also creates civil liability penalties for anyone who requests the personal information and uses it against the employee who filed the sexual harassment claim.

Senate Bill 5686 creates a sexual assault survivors’ bill of rights through seven enumerated rights whenever a survivor consents to a medical examination or interview with law enforcement.

Senate Bill 5996 prohibits an employer from requiring an employee, as a condition of employment, to sign a nondisclosure agreement that prevents the employee from disclosing sexual harassment or sexual assault. It provides that any nondisclosure agreement that has the purpose or effect of preventing an employee from disclosing or discussing sexual harassment or sexual assault is void and unenforceable. It also provides that it is an unfair practice under the Washington Law Against Discrimination for an employer to retaliate against an employee for disclosing or discussing sexual harassment or sexual violence.

Senate Bill 6068 declares that a mandatory individual employment contract not individually negotiated and agreed to by the employee is against public policy and void, unless the agreement has specific terms that preserve an employee’s right to file a complaint or cause of legal action arising from sexual harassment or sexual assault.

Senate Bill 6313 preserves an employee’s right to file a complaint or cause of action for sexual harassment or sexual assault in mandatory employment contracts and agreements.

—Nicole Vukonich

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The National Restaurant Association surveyed 700 American Culinary Federation members in October and November 2017, asking them to rate 161 items as a “hot trend,” “yesterday’s news,” or “perennial favorite” on menus in 2018. Here are the highlights of what they found.

TOP 10

TOP 10

FOOD TRENDS

CONCEPT TRENDS

1 2 3 4 5 6 7 8 9 10

1 2 3 4 5 6 7 8 9 10

New cuts of meat House-made condiments Street food-inspired dishes Ethnic inspired breakfast items Sustainable seafood Healthful kids’ meals Vegetable carb substitutes Uncommon herbs Authentic ethnic cuisine Ethnic spices

Hyper-local Chef-driven fast casual concepts Natural ingredients/clean menus Food waste reduction Veggie-centric/vegetable-forward cuisine Environmental sustainability Locally sourced meat and seafood Locally sourced produce Simplicity/back to basics Farm/estate-branded items

natural ingredients

ethnic spices For the complete 2018 Culinary Forecast, go to Restaurant.org/FoodTrends.

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TOP TRENDS

BY CATEGORY GLOBAL FLAVORS 1 2 3 4 5

Authentic ethnic cuisine Peruvian cuisine African flavors Filipino cuisine Ethnic fusion cuisine

DISHES 1 2 3 4 5

Street food-inspired Vegetable carb substitutes House-made charcuterie Seafood charcuterie Amuse-bouche/bite-size appetizers

ALCOHOLIC BEVERAGES 1 2 3 4 5

Culinary cocktails Locally produced spirits/wine/beer Craft/artisan spirits Onsite barrel-aged drinks Regional signature cocktails

RESTAURANT CONCEPTS 1 2 3 4 5

Chef-driven fast-casual concepts Food waste reduction Meal kits Small-plate menus/restaurant concepts Commissaries

BREAKFAST/BRUNCH 1 2 3 4 5

Ethnic-inspired breakfast items Avocado toast Traditional ethnic breakfast items Overnight oats Breakfast hash

CONDIMENTS AND ACCOUTREMENTS 1 2 3 4 5

House-made condiments Ethnic spices House-made/artisan pickles Ethnic condiments Protein-rich grains/seeds

KIDS’ MEALS 1 2 3 4 5

Healthful kids’ meals Ethnic-inspired kids’ dishes Gourmet items in kids’ meals Whole grain items in kids’ meals Grilled items in kids’ meals

NONALCOHOLIC BEVERAGES

house-made charcuterie

1 2 3 4 5

House-made/artisan soft drinks Cold-brew coffee Gourmet lemonade Locally/house roasted coffee Specialty iced tea February 2018 │ 13

TOP TRENDS

BY CATEGORY KIDS’ MEALS 1 2 3 4 5

Healthful kids’ meals Ethnic-inspired kids’ dishes Gourmet items in kids’ meals Whole grain items in kids’ meals Grilled items in kids’ meals

NON-ALCOHOLIC BEVERAGES 1 2 3 4 5

House-made/artisan soft drinks Cold-brew coffee Gourmet lemonade Locally/house roasted coffee Specialty iced tea

MOVERS & SHAKERS TRENDS HEATING UP • Doughnuts with non-traditional fillings • Ethnic-inspired kids’ dishes • Farm/estate-branded items • Heritage-breed meats • Peruvian cuisine • Thai-rolled ice cream • Uncommon herbs • Vegetable carb substitutes • Veggie-centric/vegetable-forward cuisine vegetable-forward cuisine

PRODUCE 1 2 3 4 5

Uncommon herbs Hybrid fruit/vegetables Heirloom fruit and vegetables Exotic fruit Superfruit

PROTEIN 1 2 3 4 5

New cuts of meat Sustainable seafood Heritage-breed meats Plant-based burgers House-made sausage

SWEETS 1 2 3 4 5

Thai-rolled ice cream Doughnuts with non-traditional filling Artisan/housemade ice cream Savory desserts Smoked dessert ingredients

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TRENDS COOLING DOWN • Artisan cheese • Heirloom fruit and vegetables • House-made charcuterie • House-made/artisan ice cream • House-made sausage • Meal kits • Nutrition • Protein-rich grains/seeds • Savory desserts • Whole grain items in kids’ meals artisan cheese

Put your best

Fish forward.

Food waste is bad enough. Contamination is worse! How do you stop a bad fish from reaching the table? You make sure that your line staff knows the rules, knows how to how to detect bad product, and absolutely knows how to rotate your walk-ins so that you are always putting your best ingredients on the plate. Do your people know how to do that? Let’s hope so.

Safe service is good service.

ServSafe is the best service.

Train your staff today!

VISIT WRAEF.ORG for more info.

SERVSAFE MANAGER HOSPITALITY TRAINING SOLUTIONS February 2018 │ 15

Three Lodging Trends to Watch in 2018 Smart Rooms As “smart homes” become more common, guests will expect the Internet of Things (IoT) to also be part of their hotel experience. IoT is connecting everyday devices, (think cell phones, thermostats, T.V.s, lamps and coffee makers) to the internet and to each other, and in 2018, hotel brands are getting ready to meet those guest expectations.

This year, Hilton will begin rolling out its “Connected Room,” which it describes as the first “mobile-centric” hotel room. In these tech-forward rooms, guests will be able to use their Hilton Honors app to manage most things they would traditionally do manually, from controlling the temperature and lighting to the TV and window coverings. Guests will also be able to personalize their room with technology that loads the most popular streaming media and other accounts to in-room TVs. Down the line, Hilton plans to introduce voice command technology and the ability to upload personal artwork and photos to automatically display in the room.

At its 10,000-sq-ft Innovation Lab, Marriott International has unveiled its own IoT hotel room that allows a guest, for instance, to ask a virtual assistant for a wake-up alarm, to start a yoga routine on a full-length mirror, request additional housekeeping services and start the shower at the desired temperature stored in their customer profile – all by voice or app.

and relaxed atmosphere. Communal tables, comfortable sofas, espresso stands and wine bars will invite guests out of their rooms to spend time in dynamic social spaces.

Beyond Rooms You’ve heard that millennials are all about unique experiences, and the momentum is growing for hotels to do more than simply list local activities on their websites. 2017 saw more hotels introduce destination-immersion opportunities into their packages, oneoff services and strategic planning.

Airbnb’s foray into Experiences in late 2016 underscores the opportunities local add-ons offer travelers and hospitality businesses. Experiences, now offered in 40 cities, is Airbnb’s platform for selling “local activities crafted and led by local people.”

It reports that the total of weekly Experience guests grew 20-fold in 2017, with guests paying an average of $55 per booking. Millennials are leading the charge, with two-thirds of all Experience bookings by guests age 35 or younger.

In 2017, Marriott made a greater push into the activity sphere with a strategic investment in PlacePass, a travel technology company that

offers a search platform with access to 100,000 walking tours, biking excursions, and culinary classes in 800 destinations around the world.

This will significantly broaden the experiential travel offerings available to Marriott Rewards and Starwood Preferred Guests programs.

On the luxury side, Waldorf Astoria has a new “Live Unforgettable” campaign with packages built around outings like sailing on Lake Michigan or a full-day helicopter ride over the Grand Canyon. In Seattle, guests at Four Seasons Hotel can, among other things, add on a “Seattle Moments” experience with Flytographer, a company that sets up vacation travel shoots. They also offer a “Chihuly Up Close” experience that includes a private outing to Dale Chihuly’s studio followed by a VIP tour of Chihuly Garden and Glass.

If not offering curated activities, savvy hoteliers will have staff up to speed on local experiences. Ideally, they will be so well connected to the community that they can, with minimal effort, craft an unusual tour or direct adventurous guests to truly unique insider experiences.

—Marianne Scholl

From Lobby to Living Room Lobbies will continue to be transformed from wide-open spaces with formal front desks to millennialfocused opportunities for both work and play. Look for central spaces to become warm and inviting places for working, socializing and relaxing.

Soft check-ins via iPads are setting the stage for a more informal welcome 16 │ wahospitality.org

Marriott International’s IoT Guestroom Lab

Delivering A Greater Customer Experience

PRODUCE ~ CENTER OF THE PLATE ~ GROCERY & FROZEN FOOD ~ SEAFOOD BUSINESS SOLUTIONS ~ BEVERAGE ~ DISPOSABLES ~ SUPPLY & EQUIPMENT seattle.fsafood.com

February 2018 │ 17

Ignorance is Not Bliss

Proactive Approaches to Address Sex-based Harassment

By Catharine Morisset & Meg Burnham, Fisher Phillips

Over the past 20 years, sex-based workplace discrimination charges have been one of the most common employeeasserted claims before the federal Equal Employment Opportunity Commission (EEOC) -- second only to race.

Now the #MeToo movement has pushed workplace sexual harassment and assault in the national spotlight.

As the EEOC states in its 2016 Task Force Report on Harassment in the Workplace, “Employers should care about preventing harassment because it is the right thing to do.” The EEOC also points out that stopping illegal harassment is an employer’s legal duty. This responsibility, particularly in today’s cultural climate, means that every business, regardless of industry, should reevaluate company policies and practices with regard to preventing harassment, offering opportunities to report issues and responding promptly and adequately to claims and concerns.

WHAT IS HARASSMENT? It is important to start with an understanding of what constitutes unlawful harassment in the eyes of the court.

Discussed here are two of the types of sex-based harassment that will lead to liability.

The first is straightforward: unwelcome sexual advances or the wellknown example of a supervisor’s demanding sexual favors from a subordinate in exchange for a tangible employment action, like a promotion, or with the threat of mistreatment such as termination.

teasing or offhand comments, whether such conduct arises to the level of unlawful harassment is fact specific depending on the situation. The victim’s perception of what is offensive and unwelcome is a large part of the test.

Because each employee’s personal circumstances matter, these types of claims often make their way to a jury and are not easily won by the employer.

COMMON SCENARIOS THAT COULD LEAD TO LEGAL LIABILITY Employers need to keep their eyes and ears open to signs of sexual harassment. Important in this is recognizing often overlooked, but common, situations that may inadvertently open the door to sexual harassment.

Happy Hour and afterhours socializing What may start out as a fun way to bond with coworkers can lead to sexual harassment claims. Alcohol impairs judgment and can give rise to inappropriate (and possibly illegal) behavior. It is especially concerning when supervisors or managers go out drinking with their subordinates. It simply does not matter if the misconduct occurs at the workplace or at an afterhours gathering.

Employers need to keep

“The customer is always right.” their eyes and ears open to When employees’ job performance signs of sexual harassment. or compensation is based on customer satisfaction, there can be the misperception that tolerating objectively extreme misconduct from customers is part of the job or In addition to requests for sexual favors, unlawful harassment includes a hostile work environment, which necessary because of the financial consequences of an can be verbal or physical harassment of a sexual nature. unhappy customer.

Unwelcome touching, or even offensive remarks or jokes about a person’s sex, including gender-based stereotypes, Power disparities and superstar employees. can create a hostile work environment. And while it is true Work environments where there are substantial power that the law does not regulate isolated incidents, simple disparities between workers are more susceptible to real 18 │ wahospitality.org

or perceived harassment. Employees being harassed or exploited are less likely to report sexual harassment when they fear retaliation, particularly when the harasser is a key employee, like a top salesperson or executive. The 2016 EEOC report on harassment noted that “Superstar status can be a breeding ground for harassment” because those employees believe they are above the rules.

WHAT PREVENTITIVE MEASURES SHOULD EMPLOYERS TAKE? While a quick and appropriate response is legally required when put on notice of actual sexual harassment, the prudent employer will take meaningful steps towards prevention. Here are some key measures: Diversify your workforce.

Sexual harassment claims are more prevalent when the workforce lacks diversity. Work environments— even just a single department—with the majority of the employees the same gender, whether it be predominantly male or female, can often lead to a culture of alienation and invite sexual harassment. By diversifying your workforce, you take away the “us versus them” mentality and decrease the vulnerability of the employees in the minority.

Update your anti-harassment and anti-retaliation policies.

Employment policies provided to employees should include examples of what behavior will not be tolerated, a procedure to report harassment, a statement that all claims of harassment will be taken seriously and investigated promptly, and a statement that the employer will take prompt corrective action for all substantiated claims.

Employers have an affirmative duty to monitor and prevent unlawful retaliation. This also means you have a duty to protect complaining employees from being treated adversely because they complained. Employers should have an anti-retaliation policy specifically informing employees that retaliation is prohibited for employees who report harassment, participate in investigations, or otherwise provide information relating to sexual harassment claims.

Communicate your policies often and in multiple ways.

Having written anti-harassment and anti-retaliation policies in a handbook is only a start. Not all employees pay close attention to handbooks and written policies. Reiterate antiharassment and anti-retaliation policies frequently and in a variety of forms—from trainings to company memoranda— to underscore their importance and ensure employees know how to report harassment and retaliation.

Offer several ways for an employee to report harassment.

As a best practice, employers should offer employees different reporting methods, such as an email address where employees can report harassment, a telephone number employees can call, or at least two different individuals who can accept reports. Also keep in mind that, from the legal standpoint, the company “knows” everything its managers do.

Employers may seek to defend themselves for certain types of harassment claims because they had robust policies and procedures to prevent and correct harassing behavior that the employee unreasonably failed to utilize. Requiring that an employee tell a specific person or department leaves a company open to liability. It simply is not a defense that the frontline manager neglected to pass the complaint to Human Resources.

Provide specialized training for managers and supervisors.

Your frontline managers are your first defense, and they should understand their key role.

Strengthen this first line of prevention and defense by providing training that emphasizes that the managers’ actions are the company’s actions. For example, employers are automatically liable when a manager commits unlawful harassment and takes a tangible employment action against the employee, like hiring, firing, failing to promote or giving an unfavorable job reassignment.

The law sets out special duties for supervisors and has different legal standards for supervisor harassment. A good training will walk through these duties and differences.

February 2018 │ 19

Managers also should recognize that they have a duty to report workplace complaints to higher ups or to HR, and that, in Washington, supervisors are also personally liable for unlawful sexual harassment committed by subordinates.

Offer live training.

As the EEOC has noted, live training from a qualified trainer is far more effective than videos or reading a document. A good live training offers employees the opportunity to ask questions, work through example situations and how to handle them, and requires employees to stay actively engaged.

Conduct prompt, thorough, and objective investigations. When harassment is found, issue proportionate discipline.

Employees are more likely to report sexual harassment when they feel the employer takes misconduct claims seriously. One way to demonstrate seriousness is to meet your duty to investigate claims fully and issue discipline promptly. Failing to do so may lead to certain legal

20 │ wahospitality.org

liability, and even additional harassment or retaliation.

Investigations should be objective and thorough.

Employers should not wait to conduct investigations, and discipline should be issued consistently where claims of sexual harassment are substantiated, regardless of whether the harasser is the “superstar” employee, the regional manager or a new hire.

In our experience, a meaningful prevention program is important for your individual employees and for your company culture. It will also save money in the long term – both in legal fees, loss productivity and employee morale and turnover.

This article is not intended as legal advice. Please consult your employment attorney for guidance on your specific situation.

Catharine Morisset is a partner and Meg Burnham is a partner in Fisher Phillips’ Seattle office. You can reach them at cmorisset@ fisherphillips.com and mburnham@fisherphillips.com or visit www. fisherphillips.com for more information.

Gryffin Consulting delivers long-lasting solutions to complex problems. We help our clients stay updated and compliant with business regulations and best practices.

Gryffin Consulting specializes in helping employers understand the power dynamics involved in sexual harassment and how to build a fair and equitable company culture.

Gryffin Consulting specializes in aligning business practices with a fair and equitable company culture:  Audit of company policies and procedures  Implementation of best practices  Full leadership compliance training

GryffinConsulting.com (800) 230-9271

Wendy Gillihan, MaCC, PHR, SHRM-CP Founder and Principal Consultant Wendy’s experience in accounting and HR have made her an innovative thinker who produces tangible solutions for her clients. Wendy sits on the board of trustees for the Seattle Metropolitan Chamber of Commerce as a representative for the local business community. Wendy has previously served as an instructor with the SBA, on the Seattle Women’s Commission (chair) and the Labor Standards Advisory Commission (chair), advising the Mayor and City Council on issues of economic opportunity for our region.

Joshua Rouse, JD Associate Consultant Joshua’s areas of expertise include risk mitigation, compliance evaluation, business process enhancement, and conflict resolution.

Joshua holds a Bachelor of Arts in Government from the University of Texas at Austin, a Doctor of Jurisprudence from South Texas College of Law Houston, and is a certified mediator (Texas).

February 2018 │ 21

GIVING THANKS To our SPONSORS & PARTICIPANTS

The Washington Hospitality Association would like to thank the following sponsors and Participants for making Hill Climb and Taste Our Best Legislative Reception 2018 a success.

PRESENTING SPONSOR

DIAMOND EVENT SPONSOR

COFFEE SPONSOR

GOLD EVENT SPONSORS

SILVER SPONSORS R

PUB & EATERY Est. 2009

DuPont, WA

BRONZE EVENT SPONSORS Cottage Bakery & Deli

PARTICIPANTS

Preventing Harassment through Workplace Culture & Practices

By Angi Shamblin, Associated Industries

How does one go about creating a culture that discourages harassment and discrimination and encourages respectful, positive work relationships?

Instead, we recommend that employers spend time talking about what we call “the Golden Rule Plus,” which says that we need to treat people the way they want to be treated. It means building a culture of awareness and empathy.

As with any relationship, the key is communication. Your employees need to hear from you to understand what behavior is permitted and what is not.

Often, the best place to begin is to discuss what it is to be respectful.

The Golden Rule Plus: Treat people the way

This mind shift impacts every aspect of communication in an organization, both verbal and nonverbal. If we are truly interested in understanding how to show respect to others, it means we take the time to get to know them. It means we are mindful of how our words or actions (or inactions) might be perceived.

they want to be treated.

Respect is at the very heart of positive relationships. When we poll people in different companies as to their definition of respect, we often hear about the “Golden Rule” or “do unto others as we Whether it’s saying hello to a coworker when you arrive in would have done to us” or simply, “treat people the way you the morning (even though you’re not a morning person would want to be treated.” The problem with this definition and don’t feel all that friendly first thing in the morning) of respect is that it uses one’s personal belief system to or knowing when a friendly hug would be appreciated determine how to treat others. This can be dangerous as we versus unwelcome. Treating people as individuals is the key make assumptions about how someone else might feel. to developing a culture of respect.

February 2018 │ 23

Of course, while we want to treat people the way they want to be treated, there are some caveats.

There are some behaviors that should never be acceptable in the workplace, regardless of whether or not they are “welcome.” Using derogatory language about an individual, their sex (including pregnancy, race, color, creed, gender, gender identity, religion, national origin, age, disability or sexual orientation) is prohibited.

Telling jokes, sending emails, putting up pictures and gesturing about someone’s protected class is strictly off limits.

appropriate. Reinforce an attitude of caring and empathy for others. Through ongoing communication about these topics, you will develop the culture that supports healthy, happy, professional relationships.

Angi Shamblin, SPHR, is VP HR Strategic Development, HR Business Solutions, at Associated Industries, which helps member organizations in the Inland Northwest and beyond thrive as responsible employers with safe, hospitable workplaces. You can reach her at ashamblin@AIIN.COM or learn more at AIIN.com.

One would think it would be obvious, but recent stories in the news have also made it clear that the old standby quid pro quo is also not anywhere near being eradicated.

When a person of power or authority uses their power to gain sexual favors from an individual in the organization, it is illegal behavior. Not only can the organization be held liable, but the harasser and, in Washington state, his or her supervisor can also be held personally liable.

A hostile work environment where there is verbal harassment of a sexual nature or based on someone’s protected class is also unlawful, and the company and the manager can similarly be held liable for this.

Employees and supervisors need to be aware of this, and it is the organization’s job to educate them.

We all want to have a “fun” atmosphere and appear to be upbeat and easy going.

All of that is still possible, but we must remember the responsibility of providing a respectful workplace for all team members.

Talk about what is and what is not acceptable behavior for work. Correct people when they stray from what is 24 │ wahospitality.org

Ongoing communication about respect and appropriate work behavior and topics will develop the culture that supports healthy, happy, professional relationships.

•

Talk about what is and what is not acceptable behavior for work.

•

Correct people when they stray from what is appropriate.

•

Model and reinforce an attitude of caring and empathy for others.

•

Discuss what it means to be respectful.

•

Take the time to get to know each other.

•

Treat people as individuals.

•

Educate employees and supervisors about unlawful behavior and potential personal liability.

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Lex on Tech

Solutions to Reduce Food Waste

By Lex Nepomuceno It is said that a family of four throws out, on average, about $1,600 worth of food each year. Do you have any idea of how much money you lose annually to food spoilage at your business?

In January I went to the 2018 Consumer Electronics Show thinking I would find some new technologies that would address this growing food waste issue. While I did see new and innovative ways technology can help improve our lives, I did not come across what I was expecting to find for our industry at CES. Fortunately, there are new solutions to address food waste, but not in the hightech way you might think.

A major enemy in the battle against food waste is moisture and contaminants developing inside walk-in coolers and other refrigeration units. Their presence accelerates spoilage. Now there are companies harnessing the dehumidifying characteristics of certain minerals that naturally absorb water and other elements which accelerate spoilage of different kinds of food. Fish, as it gets old, for example, produces carbon dioxide, hydrogen sulfide and ammonia. Storing it near a unique mix of dehumidifying minerals can remove these elements to slow down spoilage.

“Our reach-in was having severe moisture problems as well as odor from the gourmet cheeses stored in it,” said Scotty Fuller, a partner at Budd Bay Café in Olympia. He tried a dehumidifier and was impressed with the results.

“Within just a few days the glass doors were completely clear and dry, and the odor was nonexistent,” Fuller said. “We were storing prepped foods and desserts in it and they are now staying fresh and odor free for longer periods of time.”

Pioneering the idea of using minerals called zeolites to naturally remove moisture from refrigeration units is RD Fresh. Zeolites lock and hold positive ions, which absorb environmental contaminants naturally. Essentially, this proprietary mix of minerals increases food shelf life by up to 50 percent, reduces humidity and food odors as well as the spread of bacteria and cross contamination.

“We waste up to 40 percent of the food that we grow and so many of the resources we put into growing that food is put to waste,” explained Bruce Lewis, owner of Go Green Distribution and exclusive West Coast distributor of RD Fresh.

In addition to reducing food waste, this natural method of dehumidification reduces refrigeration cycles, saving on energy costs and extending the life of the compressor. Specifically, operators can save up to 10 percent on refrigeration costs on top of savings from a significant reduction in food waste.

These days of increasing labor regulatory costs have made finding ways to save money an essential skill for the business owner or operator. Fortunately, the private sector has continued to find innovative ways to cut costs while providing a positive environmental impact. It also reminds us that technology doesn’t always represent some shiny gadget or software; it could also represent a new way of utilizing things that are already here.

26 │ wahospitality.org

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Increase food shelf life up to 50% longer Reduce humidity and food orders Reduce Cross Contamination Reduce the spread of bacteria Reduce temperatures up to 5 degrees Reduce Refrigeration cycles Extend compressor life Reduce energy costs

Since implementing RD Fresh I have noticed that my raspberries and prepped vegetables were lasting longer, and odors are at a minimum. The dampness of the cooler is lower; in fact crackers that were accidently opened than placed in the cooler were not soggy the next day.

Rich Carlone Ex Chef Showare Center

Some of the best chefs in NW using RD Fresh: Chef Gabriel Rucker (James Beard award winning chef) of Le Pigeon Oregon (rated 6th best restaurant in America) and Little Bird Portland Oregon, all the El Gaucho Restaurants, Seattle Yacht Club, Seattle Seahawks, Chef Adam Hegsted 6 restaurants in Spokane area and another James Beard semi finalist chef, and many more.

206.795.0694 | www.gogreenwest.com | www.rdfresh.info | YouTube: gogreenwest

INDUSTRY CALENDAR February/March

NEW MEMBERS A La Mode Pies LLC, Seattle

Lodge at Columbia Point, The, Richland

TRAINING

Belltown Inn, Seattle

Monroe Street Grill, Spokane

Feb. 26

ServSafe® Manager, Everett

Bene’s, Cheney

R&D Foods LLC, Marysville

Mar. 6

ServSafe® Manager, Seattle

Mar. 15

ServSafe® Manager, Tacoma

Big Apple Diner, Bremerton

Ravenna Catering & Events, Seattle

Mar. 19

ServSafe® Manager, Kent

Brimmer & Heeltap, Seattle

Really Sharp Knife Inc., Silverdale

Mar. 22

ServSafe® Manager, Spokane Francisco’s Kitchen, Lake Stevens

Red Lion BBQ And Pub, Spokane

General Harvest Restaurants, Seattle

Smokin’ Zee’s BBQ, Lakewood

Goofy’s Sports Bar, Seattle

Thompson Seattle

Lake Pateros Motor Inn, Pateros

Wee Blu Inn Again, Bremerton

MEETINGS Feb. 8, 15, 22

GAC Weekly Call

Feb. 13

H.I.H.I.T. Meeting

Feb. 14

Retro Trustee Meeting

Feb. 14

Seattle Restaurant Alliance Board Meeting

Feb. 14

MSC Sub Committee Meeting

Feb. 20

Spokane Hotel Motel Association Meeting

Feb. 20

Spokane Chapter Board Meeting

Mar. 1, 8, 15, 22, 29

GAC Weekly Call

Mar. 6

Executive Committee Monthly Meeting

Mar. 7

Editorial Board Meeting

Mar. 7

Seattle Restaurant Alliance Membership Meeting

Mar. 8

Seattle Hotel Association Board Meeting

Mar. 13

Board Development Committee Meeting

Mar. 14

Seattle Restaurant Alliance Board Meeting

Mar. 20

Spokane Hotel Motel Association Meeting

Mar. 20

Spokane Chapter Board Meeting

UPCOMING EVENTS Mar. 10

ProStart® Invitational

Apr. 4

Hospitality Summit, Bellevue

Apr. 9

Hospitality Summit, Seattle

May 8

Hospitality Summit, Bellingham

May 14

Hospitality Summit, Tacoma

Laser Fun Zone, Lacey

NEW ALLIED MEMBERS Extreme Steam Carpet Cleaning Wendy Iseman PO Box 795 Mukilteo, WA 98275 0795 425.330.9328 extremesteamcc@comcast.net brandoncarpet.net We are a multi-faceted company, in business for over 40 years, looking forward to working with members by way of carpet cleaning, upholstery cleaning, and water extractions.

Go Green Distribution Bruce Lewis PO BOX 8072 Covington, WA 98042-0066 206.795.0694 bruce@gogreenwest.com www.gogreenwest.com Marketing environmentally-friendly items to your establishment helping you to be environmentally friendly and saving you money at the same time.

Special Offer: 10% Discount on products and services Gryffin Consulting Wendy Gillihan 107 Spring Street Seattle, WA 98104 800.230.9271 team@gryffinconsulting.com www.gryffinconsulting.com Gryffin Consulting delivers elegant, long lasting solutions to complex business problems. We use unique mix of candor and compassion while

28 │ wahospitality.org

helping our clients complete a project or remove chaos from their operations.

Our team is comprised of knowledgeable and experienced individuals across multiple fields of expertise including accounting, human resources, best practices, and business development. Any challenge can be assessed from multiple lenses to provide our clients with the analysis, strategy and advice needed to improve operational performance.

Stoel Rives LLP Claire Mitchell 600 University St Ste 3600 Seattle, WA 98101-4109 206.624.0900 claire.mitchell@stoel.com www.stoel.com Stoel Rives is a leading U.S. corporate and litigation law firm. One of the largest national firms focused on energy, natural resources, climate change and the environment, Stoel Rives also serves the food and beverage, agribusiness, health care, life science and technology industries.

With more than 350 attorneys operating out of 10 offices in 7 states and the District of Columbia, Stoel Rives is a leader in regulatory and compliance matters, and business, labor and employment, intellectual property, land use, and real estate development and construction law. For more information, follow us on @stoelrives or visit www.stoel.com.

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Ask the Expert

Expand Your Business When New Competition Arrives

By Rick Braa, CHAE

Q:

We are in an area where there is plenty of construction. Many of the retail spaces will be filled with new restaurants. How can I prepare for a rash of restaurants opening soon?

A:

One of the benefits of living in a thriving city is constant growth. If your business is in an area without many restaurants, having more open around you will likely drive new traffic into the area. The downside is you will have to deal with short-term pain and weather the storm. If you run a restaurant in an already thriving area, there may be longer-term impacts to the restaurant. Either way, to compete with new businesses opening around you, contemplate the following: Anticipate a 10 percent drop in regular guest traffic for three months. Since the majority of sales come from repeat guests, anticipate a loss of some of those frequent visits to trials with the competition. It’s natural for your regular guests to try new restaurants. Your regulars already know the way to your neighborhood, where to park and how to get around the area, so this familiarity means less traffic for you in the short run while they test the new place on the block. Anticipate it and schedule for it.

Pursue new guests to offset the loss of frequent guests. If you know you may lose sales of regular guests for a period of time, you have to build a bigger base of new guests. If your restaurant has $200,000 per $1,000,000 in sales coming from new guests, you have to bump that to $300,000. At $25 per person that is an extra 4,000 new guests or about 11 more guests per day. That won’t happen without using new, aggressive guest acquisition tactics.

A recent study found that in the most successful companies outside the restaurant industry, the average salesperson performs 93.8 activities per day. This is a foreign concept to the restaurant industry where new guest acquisition tends to be passive, except for national brands with aggressive ad campaigns. Pour effort into learning new sales techniques.

Make phone calls, visit businesses, join the chamber of commerce and make an effort to perform several guest acquisition activities every day.

Know your competition, but concentrate on your own business and dial it up. The best time to improve your business is before new competition opens. If you try after it opens, you’ve left a window open that you may never shut, especially if your competition knows what it’s doing. The best thing that can happen close to you is to have a quality operator open a restaurant close by and then outperform this new competition. Strengthen service, freshen product by making it more interesting, polish the facility, and instill a higher standard of excellence.

Focus on the guest experience from start to finish and speak about it in every interaction.

New competition will likely stumble out of the gate with inconsistent service and mediocre execution. Be sure you are providing memorable service and flawless execution.

Eventually, the new competitor will settle in and be better at executing on the guest experience. While the new competitor is improving, put the focus on providing memories regardless of the sector of your restaurant(s).

You have an advantage during the “trial” time when the new restaurant is in the learning phase. Be sure during this time to remind guests with thorough, experienced execution why your restaurant is the best choice every time.

New competition brings new opportunity. An aggressive new guest acquisition strategy will improve your business in the long run and accomplish what new competition is really about: Growing a flourishing economy while taking your business to the next level.

For a more information on improving profitability and driving sales, contact AMP Services at rbraa@ampservices.com. Rick Braa is the co-founder of AMP Services, an accounting and consulting firm specializing in helping companies grow profitability.

30 │ wahospitality.org

H.I.H.I.T. Open enrollment is right around the corner, and H.I.H.I.T. is cost saving built for hospitality organizations.

8779781839 Features of H.I.H.I.T. include: 50% Participation 50% Contribution Classing Out Dual Option Stand Alone Products Easy enrollment and group set ups Smart Phone App for TelaDoc PPO (Preferred Provider Organization)

HSA (Heath Savings Account) EAP (Employee Assistance Program) Direct Primary Care (DPC) Life Insurance Disability Insurance Cobra Administration Owners covered for on the job injuries

Call to find out more about H.I.H.I.T. and other standalone benefit programs like “TelaDoc” at $2.55/month/person.

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