Washington Hospitality Magazine July 2019

WA S H I N GTO N

July 2019

2019

LEGISLATIVE REVIEW

RESTRICTIVE SCHEDULING THE ENVIRONMENT AND EFFORTS TO BAN

SINGLE-USE PLASTICS

PROTECTING

CONSUMER

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

July 2019 │ 1

STANDARD US POSTAGE PAID APEX MAILING SERVICES INC

Washington Hospitality Association’s Payment Card Processing Program takes you from red to black.

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Amy Spradlin | 800.225.7166 x 107 | amys@wahospitality.org

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EDITORIAL STAFF Publisher, Anthony Anton Executive Editor, Lex Nepomuceno Art Director, Lisa Ellefson Copy Editor, Paul Schlienz Contributing Editors: Jacque Coe, David Faro, Jillian Henze, Morgan Huether, Sheryl Jackson, Lisa Leinberger and Nicole Vukonich

Inside

July 2019

EXECUTIVE COMMITTEE Chair: Chad Mackay, Fire & Vine Hospitality Vice Chair: Ron Oh, Holiday Inn Express North Seattle Shoreline EXECUTIVE TEAM President and CEO, Anthony Anton Vice President, Teran Haase Chief Financial Officer, 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 Membership, Steven Sweeney

510 Plum St. SE Olympia, WA 98501-1587 T 360-956-7279 | F 360-357-9232 wahospitality.org

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.

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.

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.

ADVERTISING INQUIRIES MAY BE DIRECTED TO:

Stephanie Conway

360-956-7279 stephaniec@wahospitality.org Washington Hospitality Magazine is published monthly for members. We welcome your comments and suggestions. email: news@wahospitality.org, phone: 800-225-7166.

Circulation: 6,310

4 │ wahospitality.org

Features 13

Letter from our Government Affairs Committee chairs

14

2019 Legislative Session Review

18

On the Issue: Restrictive scheduling

19

On the Issue: The environment and efforts to ban singleuse plastics

20

On the Issue: Protecting consumer data privacy

20

On the Issue: The proposed expansion of qui tam lawsuits

21

2019 session infographic

22

The 2019 Legislative Heroes for Hospitality

25

2019 Washington Hospitality Association Member Heroes

26

Government Affairs: We need you to stand with us!

In Every Issue 6

From Your President and CEO

8

Lex on Tech

9

National News Briefs

10

Local GA Update

28

Calendar and New Members

30

Ask the Expert

MORE THAN

MEDICAL

Visit healthcarewashington.org for your benefits package needs.

Find out more at: healthcarewashington.org WA Hospitality Benefits Specialist | 877.246.0545

HEALTHCARE SOLUTIONS

President and CEO

Session 2019: We came out ok When I went up to the Hill on May 9 for the bill signing for Substitute House Bill 1798, regarding short-term rentals, I saw a lot of my peers who have been around in government affairs with me for years. Many said they had their worst session in about 25 years.

Our industry didn’t have a bad session.

Was it a session to celebrate? I’m sure there can be debate about that. But we did pass some significant legislation that will help our workers and will help our industry.

This session we were able to diffuse legislation that could have caused irreparable harm. We encouraged legislation by saying, “We can find a better solution than the one you have in front of you – let’s work on it.”

Anthony Anton President and CEO

Hospitality may be one of the only industries representing business standing here saying the “2019 session wasn’t that bad.”

There’s a couple of reasons why.

1. The grassroots work this year was phenomenal. Rather than celebrating the issues, I want to celebrate the fact that the industry got engaged.

Let me give you a sample of three ways when we activated our grassroots network of industry advocates and received responses like never before.

Seven association members traveled to Olympia during session to testify in front of legislators on a range of issues from restrictive scheduling to retirement savings to short-term rentals.

Hill Climb, on Jan. 29, was a success when 138 members converged at the Capitol to talk to their local legislators about the industry. We are proud to report that 58 of those members were Washington Hospitality Association ambassadors.

When we issued an action alert in February for restrictive scheduling, more than 650 members and industry employees sent over 10,500 emails to lawmakers.

2. I’m also proud of how we were true to our core brand values this session.

Engrossed Substitute Senate Bill 5258, preventing the sexual harassment and sexual assault of certain isolated workers (also called the panic button bill), is good for our workers. The bill was done the right way because we found a solution.

No, panic buttons were not our top priority of session. No, this doesn’t affect everyone in the industry. But even if you’re a bowling alley or golf course, I still want you to be aware of what happens when we’re true to our brand. If we come at legislation to help our workforce succeed, to be synergistic with our community and to find solutions, we can achieve those things.

We want our workforce to always know they’ll be safe and to know that we put great priority on them having a great experience both in their lives and in the workforce. We came up with a solution for how to do these things in an effective, positive way that everyone could rally around, and in turn, make our community stronger. Our workers have the next level of protection and we have a solution that keeps us moving forward.

Our brand values provide a reminder of not only how we should be perceived, but how we should act.

It’s another example of how we can achieve great things, in government affairs, by keeping our brand in mind.

So, thank you to the members who are active on our Government Affairs Committee and thank you to our staff. Amid a tumultuous session, we came out ok.

6 │ wahospitality.org

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Federal and State Labor Law Posters Job Safety and Health!

HH

IT’S THE LAW

U.S. Department

of Labor

the right to: All workers have A safe workplace. with or health concern a work Raise a safety or OSHA, or report your employer being or illness, without related injury

retaliated against. and training on Receive information all hazardous job hazards, including your workplace. substances in of your OSHA inspection Request an are unsafe believe there workplace if you OSHA will keep or unhealthy conditions. You have the your name confidential. contact representative right to have a behalf.

OSHA on your have your representative and Participate (or an OSHA inspection participate) in to the inspector. speak in private with OSHA within File a complaint online or by mail) for 30 days (by phone, retaliated against if you have been

from a workplace free Provide employees It is illegal to retaliate recognized hazards. for using any of their against an employee including raising a law, rights under the you or concern with health and safety reporting a work-related with OSHA, or injury or illness. standards. all applicable OSHA Comply with

This poster is

available free

HEALTH INSURANCE PROTECTION ✩✩ If you leave your job to perform military service, you have the right to elect to continue your existing employer-based health plan coverage for you and your dependents for up to 24 months while in the military.

✩✩ you ensure that your employer receives advance written or verbal notice of your service; ✩✩ you have five years or less of cumulative service in the uniformed services while with that particular employer; ✩✩ you return to work or apply for reemployment in a timely manner after conclusion of service; and ✩✩ you have not been separated from service with a disqualifying discharge or under other than honorable conditions.

24 hours.

If you are eligible to be reemployed, you must be restored to the job and benefits you would have attained if you had not been absent due to military service or, in some cases, a comparable job.

workers training to all Provide required they can and vocabulary in a language understand. in the display this poster Prominently workplace. near the citations at or Post OSHA violations. place of the alleged

RIGHT TO BE FREE FROM DISCRIMINATION AND RETALIATION If you: ✩✩ are a past or present member of the uniformed service; ✩✩ have applied for membership in the uniformed service; or ✩✩ are obligated to serve in the uniformed service; then an employer may not deny you: ✩✩ initial employment; ✩✩ reemployment; ✩✩ retention in employment; ✩✩ promotion; or ✩✩ any benefit of employment

correct to identify and FREE ASSISTANCE small and mediumto hazards is available or penalty, without citation sized employers, d consultation through OSHA-supporte state. programs in every

using your rights. to citations issued See any OSHA your employer. of your medical Request copies hazards that measure records, tests and the workplace in the workplace, log. injury and illness

REEMPLOYMENT RIGHTS You have the right to be reemployed in your civilian job if you leave that job to perform service in the uniformed service and:

✩✩ Even if you don’t elect to continue coverage during your military service, you have the right to be reinstated in your employer’s health plan when you are reemployed, generally without any waiting periods or exclusions (e.g., pre-existing condition exclusions) except for service-connected illnesses or injuries.

ENFORCEMENT ✩✩ The U.S. Department of Labor, Veterans Employment and Training Service (VETS) is authorized to investigate and resolve complaints of USERRA violations. ✩✩ For assistance in filing a complaint, or for any other information on USERRA, contact VETS at 1-866-4-USA-DOL or visit its website at http://www.dol.gov/vets. An interactive online USERRA Advisor can be viewed at http://www.dol.gov/elaws/userra.htm. ✩✩ If you file a complaint with VETS and VETS is unable to resolve it, you may request that your case be referred to the Department of Justice or the Office of Special Counsel, as applicable, for representation. ✩✩ You may also bypass the VETS process and bring a civil action against an employer for violations of USERRA.

Your Rights as a Worker

Notice to Employees It’s the law!

Employers must post this notice where employees

It’s the law! Employers must post this notice where employees can read it.

USERRA protects the job rights of individuals who voluntarily or involuntarily leave employment positions to undertake military service or certain types of service in the National Disaster Medical System. USERRA also prohibits employers from discriminating against past and present members of the uniformed services, and applicants to the uniformed services.

all work-related Report to OSHA inpatient 8 hours, and all fatalities within and losses , amputations hospitalizations of an eye within

H

H

YOUR RIGHTS UNDER USERRA THE UNIFORMED SERVICES EMPLOYMENT AND REEMPLOYMENT RIGHTS ACT

Employers must:

Every worker is entitled to workers’ compensation benefits.

You cannot be penalized or discriminated against for filing a claim. For more information, call toll-free 1-800-547-8367.

If a job injury occurs Your employer is insured through the Department of Labor & Industries’ workers’ compensation program. If you are injured on the job or develop an occupational disease, you are entitled to workers’ compensation benefits.

Benefits include: Medical care. Medical expenses resulting from your workplace injury or disease are covered by the workers’ compensation program.

Disability income. If your work-related medical condition prevents you from working, you may be eligible for benefits to partially replace your wages.

Vocational assistance. Under certain conditions, you may be eligible for help in returning to work.

Partial disability benefits. You may be eligible for a monetary award to compensate for the loss of body functions.

Pensions. Injuries that permanently keep you from returning to work may qualify you for a disability pension.

Death benefits for survivors. If a worker dies, the surviving spouse or registered domestic partner and/or dependents may receive a pension.

Wage and Overtime Laws Workers must be paid the Washington minimum

What you should do

the minimum wage.

Tips cannot be counted as part of the minimum wage.

Overtime pay is due when working more than 40

Qualified health-care providers include: medical, osteopathic, chiropractic, naturopathic and podiatric physicians; dentists; optometrists; ophthalmologists; physician assistants; and advanced registered nurse practitioners.

Meal period

meal period if working Most workers are entitled to a 30-minute unpaid on duty during your more than five hours in a day. If you must remain meal period, you must be paid for the 30 minutes.

Breaks hours worked and must not work

Agricultural workers must have a 10-minute

.gov • www.osha

Office of Special Counsel

1-800-336-4590 Publication Date — April 2017

14–15 and for ages 16–17.

FAMILY AND MEDICAL LEAVE ACT

requirement applies to family members must sign the Parent Teens do not need a work permit; however parents during the school year, Authorization form for summer employment. If you work Authorization form. a parent and a school official must sign the Parent/School they are not safe.

Many jobs are not allowed for anyone under 18 because work hours on Work hours are limited for teens, with more restrictions during school weeks.

Fire Police

REQUESTING LEAVE

EMPLOYER RESPONSIBILITIES

ENFORCEMENT

Contact L&I

Eligible employees who work for a covered employer can take up to 12 weeks of unpaid, job-protected leave in a 12-month for the following reasons: period

Employers can require a certification or periodic recertification supporting the need for leave. If the employer determines certification is incomplete, it must provide that the a written notice indicating what additional information is required.

Once an employer becomes aware that an employee’s need for leave is for a reason that may qualify under employer must notify the employee the FMLA, the if he or she is eligible for FMLA leave and, if eligible, must also provide a responsibilities under the FMLA. If the notice of rights and employee is not eligible, the employer must provide a reason for ineligibility.

Employers must notify its employees if leave will be designated as FMLA leave, and if so, how much leave will FMLA leave. be designated as Employees may file a complaint with the U.S. Department of Labor, Wage and Hour Division, or may bring a private against an employer. lawsuit The FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law bargaining agreement that provides or collective greater family or medical leave rights.

of 30 minutes if working In agricultural work, teens of any age get a meal period each four hours worked. more than five hours, and a 10-minute paid break for have a 30-minute meal

(1-866-487-9243)

Employers Holding Federal Contracts or Subcontracts

Washington State Law Prohibits Discrimination in Employment

 

         

a complaint: 

P R O H I B I TE D U N F AI R E MP L O Y M E N T P R AC TI C E S

Race Color National Origin Sex Creed Disability—Sensory, Mental or Physical HIV, AIDS, and Hepatitis C Age (40 yrs old and older) Marital Status Pregnancy or maternity Sexual Orientation or Gender Identity Use of a service animal by a person with a disability Honorably discharged Veteran or Military status Retaliation for filing a whistleblower complaint with the state auditor Retaliation for filing a nursing home abuse complaint Retaliation for opposing an unfair practice

AN EMPLOYER OF EIGHT (8) OR MORE EMPLOYEES MAY NOT DISCRIMINATE ON THE BASIS OF A PROTECTED CLASS: FOR EXAMPLE, AN EMPLOYER CANNOT:    

Refuse to hire you or discharge you from employment Discriminate in compensation or other terms or conditions of employment Print, circulate, or use any discriminatory statement, advertisement, publication, or job application form Make any discriminatory inquiries in connection with prospective employment.

LABOR UNIONS MAY NOT DISCRIMINATE ON THE BASIS OF A PROTECTED CLASS. FOR EXAMPLE, A LABOR UNION CANNOT:   

Deny membership or membership rights and privileges Expel from membership Fail to represent a person in the collective bargaining unit.

EMPLOYMENT AGENCIES MAY NOT DISCRIMINATE ON THE BASIS OF A PROTECTED CLASS. FOR EXAMPLE, AN EMPLOYMENT AGENCY MAY NOT:   

Discriminate in classification or referrals for employment Print or circulate any discriminatory statement, advertisement, or publication Use discriminatory employment application forms, or make discriminatory inquiries in connection with prospective employment.

If you have been discriminated against, please call or go to: WH1420 REV 04/16

DISABLED, RECENTLY SEPARATED, OTHER PROTECTED, AND ARMED FORCES SERVICE MEDAL VETERANS The Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, 38 U.S.C. 4212, prohibits job discrimination and requires affirmative action to employ and advance in employment disabled veterans, recently separated veterans (within

period if working more than five at least every three hours. four hours worked. They must have the rest break period no later than the Teens who are 14 or 15 must have a 30-minute meal every two hours worked. end of the fourth hour, and a 10-minute paid break for

1-800-233-3247 or www.hum.wa.gov

Washington State Human Rights Commission April 2015

• Some state laws provide greater employee protections; employers must comply with both.

• Some employers incorrectly classify workers as “independent contractors” when they are actually employees under the FLSA. It is important to know the difference between the two because employees (unless exempt) are entitled to the FLSA’s minimum wage and overtime pay protections and correctly classified independent contractors are not.

more about workplace Go to www.Lni.wa.gov/RequiredPosters to learn posters from L&I and other government agencies.

• Certain full-time students, student learners, apprentices, and workers with disabilities may be paid less than the minimum wage under special certificates issued by the Department of Labor.

WH1088 REV 07/16

EMPLOYEE RIGHTS

Job Safety and Health Law

Any person who believes a contractor has violated its nondiscrimination or affirmative action obligations under the authorities above should contact immediately: The Office of Federal Contract Compliance Programs (OFCCP), U.S. Department of Labor, 200 Constitution Avenue, N.W., Washington, D.C. 20210, 1-800-397-6251 (toll-free) or (202) 693-1337 (TTY). OFCCP may also be contacted by e-mail at OFCCP-Public@dol.gov, or by calling an OFCCP regional or district office, listed in most telephone directories under U.S. Government, Department of Labor.

EMPLOYEE POLYGRAPH PROTECTION ACT

It’s the law! Employers must post this notice where employees can read it.

(Chapter 49.17 RCW)

The Employee Polygraph Protection Act prohibits most private employers from using lie detector tests either for pre-employment screening or during the course of employment.

All workers have the right to a safe and healthy workplace.

INDIVIDUALS WITH DISABILITIES Section 504 of the Rehabilitation Act of 1973, as amended, prohibits employment discrimination on the basis of disability in any program or activity which receives Federal financial assistance. Discrimination is prohibited in all aspects of employment against persons with disabilities who, with or without reasonable accommodation, can perform the essential functions of the job.

If you believe you have been discriminated against in a program of any institution which receives Federal financial assistance, you should immediately contact the Federal agency providing such assistance.

Employees — Your employer must protect you from hazards you encounter on the job, tell you about them and provide training.

You have the right to:

Notify your employer or L&I about workplace hazards. You

EEOC 9/02 and OFCCP 8/08 Versions Useable With 11/09 Supplement

EEOC-P/E-1 (Revised 11/09)

may ask L&I to keep your name confidential.

Request an L&I inspection of the place you work if you believe

unsafe or unhealthy conditions exist. You or your employee representative may participate in an inspection, without loss of wages or benefits.

Employers — You have a legal obligation to protect employees on the job.

Employers must provide workplaces free from recognized hazards that could cause employees serious harm or death.

Actions you must take:

responsibilities.

The Act permits polygraph (a kind of lie detector) tests to be administered in the private sector, subject to restrictions, to certain prospective employees of security service firms (armored car, alarm, and guard), and of pharmaceutical manufacturers, distributors and dispensers.

prominently display the citation at or near the place of the violation for a minimum of three days. You cannot remove it until you correct the violation.

The Act also permits polygraph testing, subject to restrictions, of certain employees of private firms who are reasonably suspected of involvement in a workplace incident (theft, embezzlement, etc.) that resulted in At some time in our lives, we economic loss to the employer. all need to give or receive

Firing or discriminating against any employee for filing a complaint or participating in an inspection, investigation, or opening or closing conference is illegal.

care. Paid Family and Medical The law does not preempt any provision of any State or local law or any Leave is a new statewide collective bargaining agreement which is more restrictive with respect to insurance program that will lie detector tests. help Washingtonians take

if you lose your job

• Your Social Security number.

If you were in the military within the last 18 months, we will also ask you to fax or mail us a copy of your discharge papers (Form DD214).

You can apply online at esd.wa.gov:

If you don’t have a home computer, you can access one at a WorkSource center or your local library.

What is covered?

Your own medical condition

Report any work-related death or in-patient hospitalization to L&I’s Division of Occupational Safety and Health (DOSH) within 8 hours.

Report any work-related non-hospitalized amputation or loss of an eye to DOSH within 24 hours.

If you can’t apply online, try contacting us over the phone:

Free assistance from the Division of Occupational Safety and Health (DOSH)

Date and time of the incident.

Number of employees and

Visit WorkSource to find all the FREE resources you need to find a job. These include workshops, computers, copiers, phones, fax machines, Internet access, and newspapers. Log onto WorkSourceWA.com to find the nearest office.

their names.

Brief description of what happened.

EMS 9874 . CC 7540-032-407. Rev 10/17 . UI-biz-poster-EN

WAHOSPITALITY.ORG

How do I become eligible for benefits?

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Any local L&I office or 1-800-423-7233, press 1 (available 24/7)

all need to give or receive www.Lni.wa.gov/Safety 1-800-423-7233 care. Paid Family and Medical Leave is a new statewide Upon request, foreign language support and formats for persons with insurance program that will disabilities are available. Call 1-800-547-8367. TDD users, call 360-902-5797.

L&I is an equal opportunity employer.help Washingtonians take paid time in life’s most PUBLICATION F416-081-909 [09-2015] challenging times.

Apr May Apr Jun Jul May Aug Jun Sep Jul Aug Sep Jul Oct Aug Nov Sep Dec

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work-related incident occurred.

If you have been unemployed due to a work-related injury or non-work-related illness or injury and are now able to work again, you may be eligible for special unemployment benefits.

Employers are legally required to post this notice in a place convenient for employees to read (see RCW 50.20.140).

The Employment Security Department is services are available upon request to an equal-opportunity employer and provider of programs and services. Auxiliary people with disabilities. Auxiliary aids may aids and devices (TTY) for hearing- or speech-impaired include individuals. Individuals with limited English qualified interpreters and telecommunication services to conduct business with the department. proficiency may request free interpretive

Your own medical Your own

care.

Paid Family Medical for benefits? all need to give or and receive Leave is a new statewide

fix hazards, and risk management help to lower your workers’ compensation costs.

Employer contact person and phone number.

Name of business.

Address and location where the

You must look for work each week that you claim benefits:

Where polygraph tests are permitted,challenging they are times. subject to numerous strict standards concerning the conduct and length of the test. Examinees have a number of specific rights, including the right to a written notice before testing, right refuse or discontinue a test, and the right not At some time the in our lives,towe to have testtime disclosed unauthorized persons.What is my Howwedo Itobecome eligible allsome need toresults give or receive At in our lives,

care. Paid Family and Medical condition members Secretary ofstatewide Labor may court actions to restrain violations and medical for family You are entitled up to 12 weeks of ENFORCEMENT TheLeave insurance program thatbecome will bring You eligible is a new

Training and resources to promote safe workplaces.

On-site consultations to help employers identify and

For any work-related death, in-patient hospitalization, amputation or loss of an eye, you must report the following information to DOSH:

Call 800-318-6022. Persons with hearing or speaking impairments can call Washington Relay Service 711. We are available to help you Wednesdays and Fridays from 8 a.m. to 4 p.m., except on state holidays. You may experience long wait times.

EXAMINEE RIGHTS

This poster is available free from L&I at www.Lni.wa.gov/RequiredPosters .

$432 $524 $524 $764 $764 $1000 $1000

If your annual salary is $50,000, you will pay about $2.40 per week. The premium is 0.4% of an employees paycheck and is shared by the employee and employer. Premium assessment will begin Jan. 1, 2019.

Work for an employer with Work for an 50 or more employer with employees.

50 or more employees.

50 50

$764

$1923

WH1462 REV 07/16

$1000

Certain military-related events

Is my job protected while I take leave?

Employees covered by the state program are entitled to job restoration when returning from leave if they: Work for an employer with 50 or more employees.

12

50 Have worked for that employer for 12 months or more.

Have worked at least 1250 hours for that employer in the past 12 months.

125 0

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125 125 0 0

January 1, 2020 Benefits Begin

For more information: PaidLeave.wa.gov

When does this begin?

When does this begin?

January 1, 2019 Premium Collection January 1, 2019 Premium Collection

Caring for family members

Bonding with a child (birth, foster or adoption)

What is What is covered? covered?

paid time in life’s most

Employers must report all deaths, in-patient hospitalizations, amputations or loss of an eye.

Visit www.esd.wa.gov to apply and click “Sign in or create an account”

• Names and addresses of everyone you worked for in the last 18 months.

• Dates you started and stopped working for each employer.

• Reasons you left each job.

• Your alien registration number if you are not a U.S. citizen.

Federal, State and local governments are not affected by the law. Also, the law does not apply to tests given by the Federal Government to certain private individuals engaged in national security-related activities.

hazardous exposures and provide required personal protective equipment at no cost. health inspection, without loss of wages or benefits. The L&I inspector may talk confidentially with a number of employees.

If you are cited for safety and/or health violations, you must

allowed on the citation is not reasonable.

To apply for unemployment, you will need:

Employers are generally prohibited from requiring or requesting any employee or job applicant to take a lie detector test, and from discharging, disciplining, or discriminating against an employee or prospective employee for refusing to take a test or for exercising other rights under the Act.

EXEMPTIONS

your business, including developing and implementing a written accident prevention plan (also called an APP or safety program).

Allow an employee representative to participate in an L&I safety/

The law requires you to follow workplace safety and health rules that apply to your own actions and conduct on the job.

UNEMPLOYMENT BENEFITS

PROHIBITIONS

Comply with all workplace safety and health rules that apply to Post this notice to inform your employees of their rights and Prior to job assignments, train employees how to prevent

Appeal a violation correction date if you believe the time

You may be eligible for

1-866-487-9243 TTY: 1-877-889-5627 www.dol.gov/whd

WAGE AND HOUR DIVISION UNITED STATES DEPARTMENT OF LABOR

RETALIATION Retaliation is prohibited against a person who files a complaint of discrimination, participates in an OFCCP proceeding, or otherwise opposes discrimination under these Federal laws.

Programs or Activities Receiving Federal Financial Assistance RACE, COLOR, NATIONAL ORIGIN, SEX In addition to the protections of Title VII of the Civil Rights Act of 1964, as amended, Title VI of the Civil Rights Act of 1964, as amended, prohibits discrimination on the basis of race, color or national origin in programs or activities receiving Federal financial assistance. Employment discrimination is covered by Title VI if the primary objective of the financial assistance is provision of employment, or where employment discrimination causes or may cause discrimination in providing services under such programs. Title IX of the Education Amendments of 1972 prohibits employment discrimination on the basis of sex in educational programs or activities which receive Federal financial assistance.

• Certain occupations and establishments are exempt from the minimum wage, and/or overtime pay provisions.

• Special provisions apply to workers in American Samoa, the Commonwealth of the Northern Mariana Islands, and the Commonwealth of Puerto Rico.

About required workplace posters

Call toll-free: 1-866-219-7321.

Email a question to TeenSafety@Lni.wa.gov .

employer fired you, or retaliated or discriminated against you because you filed a safety complaint, participated in an inspection or any other safety-related activity.

TTY: 1-877-889-5627

Wage and Hour Division

INDIVIDUALS WITH DISABILITIES Section 503 of the Rehabilitation Act of 1973, as amended, protects qualified individuals from discrimination on the basis of disability in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other aspects of employment. Disability discrimination includes not making reasonable accommodation to the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or employee, barring undue hardship. Section 503 also requires that Federal contractors take affirmative action to employ and advance in employment qualified individuals with disabilities at all levels of employment, including the executive level.

three years of discharge or release from active duty), other protected veterans (veterans who served during a war or in a campaign or expedition for which a campaign badge has been authorized), and Armed Forces service medal veterans (veterans who, while on active duty, participated in a U.S. military operation for which an Armed Forces service medal was awarded).

exposures to toxic and harmful substances or conditions.



The Department has authority to recover back wages and an equal amount in liquidated damages in instances of minimum wage, overtime, and other violations. The Department may litigate and/or recommend criminal prosecution. Employers may be assessed civil money penalties for each willful or repeated violation of the minimum wage or overtime pay provisions of the law.

Civil money penalties may also be assessed for violations of the FLSA’s child labor provisions.

Heightened civil money penalties may be assessed for each child labor violation that results in the death or serious injury of any minor employee, and such assessments may be doubled when the violations are determined to be willful or repeated. The law also prohibits retaliating against or discharging workers who file a complaint or participate in any proceeding under the FLSA.

To find out more about teens in the workplace: Go to www.Lni.wa.gov/TeenWorkers .

Applicants to and employees of companies with a Federal government contract or subcontract are protected under Federal law from discrimination on the following bases: RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN Executive Order 11246, as amended, prohibits job discrimination on the basis of race, color, religion, sex or national origin, and requires affirmative action to ensure equality of opportunity in all aspects of employment.

File a complaint with L&I within 30 days if you believe your



The FLSA requires employers to provide reasonable break time for a nursing mother employee who is subject to the FLSA’s overtime requirements in order for the employee to express breast milk for her nursing child for one year after the child’s birth each time such employee has a need to express breast milk. Employers are also required to provide a place, other than a bathroom, that is shielded from view and free from intrusion from coworkers and the public, which may be used by the employee to express breast milk.

ENFORCEMENT

Online: www.Lni.wa.gov/WorkplaceRights Call: 1-866-219-7321, toll-free Visit: www.Lni.wa.gov/Offices Email: ESgeneral@Lni.wa.gov

Get copies of your medical records, including records of



For additional information or to file

1-866-4-USWAGE

www.dol.gov/w hd U.S. Department of Labor

Applicants to and employees of most private employers, state and local governments, educational institutions, employment agencies and labor organizations are protected under Federal law from discrimination on the following bases:

Pr ot e ct ed Cl a sses

Employers of “tipped employees” who meet certain conditions may claim a partial wage credit based on tips received by their employees. Employers must pay tipped employees a cash wage of at least $2.13 per hour if they claim a tip credit against their minimum wage obligation. If an employee’s tips combined with the employer’s cash wage of at least $2.13 per hour do not equal the minimum hourly wage, the employer must make up the difference.

NURSING MOTHERS

ADDITIONAL INFORMATION

Need more information?

Questions about filing a worker rights complaint?

Meal and rest breaks for teens

PUBLICATION F242-191-909 [12-2012]

esd.wa.gov

ELIGIBILITY REQUIREMENTS

Private Employers, State and Local Governments, Educational Institutions, Employment Agencies and Labor Organizations

AGE WHAT TO DO IF YOU BELIEVE DISCRIMINATION HAS OCCURRED The Age Discrimination in Employment Act of 1967, as amended, protects There are strict time limits for filing charges of employment discrimination. To applicants and employees 40 years of age or older from discrimination based on preserve the ability of EEOC to act on your behalf and to protect your right to file a age in hiring, promotion, discharge, pay, fringe benefits, job training, classification, private lawsuit, should you ultimately need to, you should contact EEOC promptly referral, and other aspects of employment. when discrimination is suspected: The U.S. Equal Employment Opportunity Commission (EEOC), 1-800-669-4000 (toll-free) or 1-800-669-6820 (toll-free TTY number for individuals with hearing SEX (WAGES) In addition to sex discrimination prohibited by Title VII of the Civil Rights Act, as impairments). EEOC field office information is available at www.eeoc.gov or in most telephone directories in the U.S. Government or Federal Government amended, the Equal Pay Act of 1963, as amended, prohibits sex discrimination in section. Additional information about EEOC, including information about charge the payment of wages to women and men performing substantially equal work, filing, is available at www.eeoc.gov. in jobs that require equal skill, effort, and responsibility, under similar working conditions, in the same establishment.

THE UNITED STATES DEPARTMENT OF LABOR WAGE AND HOUR DIVISION

TIP CREDIT

rules for ages

teens. This

to employ Employers must have a minor work permit except on family farms.

Ambulance

Upon request, foreign language support and formats for persons with disabilities are available. Call 1-800-547-8367. TDD users, call 360-902-5797. L&I is an equal opportunity employer.

RACE, COLOR, RELIGION, SEX, NATIONAL ORIGIN GENETICS Title VII of the Civil Rights Act of 1964, as amended, protects applicants and Title II of the Genetic Information Nondiscrimination Act of 2008 protects applicants employees from discrimination in hiring, promotion, discharge, pay, fringe benefits, and employees from discrimination based on genetic information in hiring, job training, classification, referral, and other aspects of employment, on the basis promotion, discharge, pay, fringe benefits, job training, classification, referral, and of race, color, religion, sex (including pregnancy), or national origin. Religious other aspects of employment. GINA also restricts employers’ acquisition of genetic discrimination includes failing to reasonably accommodate an employee’s religious information and strictly limits disclosure of genetic information. Genetic information practices where the accommodation does not impose undue hardship. includes information about genetic tests of applicants, employees, or their family members; the manifestation of diseases or disorders in family members (family medical history); and requests for or receipt of genetic services by applicants, DISABILITY Title I and Title V of the Americans with Disabilities Act of 1990, as amended, protect employees, or their family members. qualified individuals from discrimination on the basis of disability in hiring, promotion, discharge, pay, fringe benefits, job training, classification, referral, and other RETALIATION aspects of employment. Disability discrimination includes not making reasonable All of these Federal laws prohibit covered entities from retaliating against a accommodation to the known physical or mental limitations of an otherwise qualified person who files a charge of discrimination, participates in a discrimination individual with a disability who is an applicant or employee, barring undue hardship. proceeding, or other wise opposes an unlawful employment practice.

EMPLOYEE RIGHTS UNDER THE • The birth of a child or placement of a child for adoption or foster care; • To bond with a child (leave must be taken within one year of the child’s birth or placement); • To care for the employee’s spouse, child, or parent who has a qualifying serious health condition; • For the employee’s own qualifying serious health condition that makes the employee unable to perform the • For qualifying exigencies related employee’s job; to the foreign deployment of a military member who is the employee’s spouse, child, or parent.

An eligible employee who is a covered servicemember’s spouse, child, parent, or next of kin may also take up to of FMLA leave in a single 12-month 26 weeks period to care for the servicemember with a serious injury or illness.

An employee does not need to use leave in one block. When it is medically necessary or otherwise permitted, may take leave intermittently or on employees a reduced schedule.

Employees may choose, or an employer may require, use of accrued paid leave while taking FMLA leave. If an employee substitutes accrued paid leave for FMLA leave, the employee must comply with the employer’s normal paid leave policies.

While employees are on FMLA leave, employers must continue health insurance coverage as if the employees were not on leave.

Upon return from FMLA leave, most employees must be restored to the same job or one nearly identical to equivalent pay, benefits, and other it with employment terms and conditions.

An employer may not interfere with an individual’s FMLA rights or retaliate against someone for using or trying opposing any practice made unlawful to use FMLA leave, by the FMLA, or being involved in any proceeding under or related to the FMLA. An employee who works for a covered employer must meet three criteria in order to be eligible for FMLA leave. The employee must: • Have worked for the employer for at least 12 months; • Have at least 1,250 hours of service in the 12 months before taking leave;* and • Work at a location where the employer has at least 50 employees within 75 miles of the employee’s worksite. *Special “hours of service” requirements apply to airline flight crew employees.

Generally, employees must give 30-days’ advance notice of the need for FMLA leave. If it is not possible to give 30-days’ an employee must notify the employer notice, as soon as possible and, generally, follow the employer’s usual procedures.

Employees do not have to share a medical diagnosis, but must provide enough information to the employer so it can if the leave qualifies for FMLA protection. determine Sufficient information could include informing an employer that the employee will be unable to perform his or her job functions, that a family member is or cannot perform daily activities, or that continuing medical treatment is necessary. hospitalization or Employees must inform the employer if the need for leave is for a reason FMLA leave was previously taken or for which certified.

OSHA 3165-04R

1-877-889-5627 (6742) • TTY

An employee must be at least 16 years old to work in most non-farm jobs and at least 18 to work in non-farm jobs declared hazardous by the Secretary of Labor. Youths 14 and 15 years old may work outside school hours in various non-manufacturing, non-mining, non-hazardous jobs with certain work hours restrictions. Different rules apply in agricultural employment.

paid rest break within

The minimum age for work is generally 14, with different

Helpful phone numbers:

On the Web: www.Lni.wa.gov

THE LAW

2015

1-800-321-OSHA

At least 1½ times the regular rate of pay for all hours worked over 40 in a workweek.

CHILD LABOR

each four-hour period of work.

(Your employer fills in this space.)

Equal Employment Opportunity is

We can help.

OVERTIME PAY

If

Report your injury to:

BENEFITS & PROTECTIONS

rest break for each four

paid Most workers are entitled to a 10-minute more than three hours without a break.

File your claim as soon as possible. For an on-the-job injury, you must file a claim and the Department of Labor & Industries (L&I) must receive it within one year after the day the injury occurred. For an occupational disease, you must file a claim and L&I must receive it within two years following the date you are advised by a health-care provider in writing that your condition is work related.

Go to www.Lni.wa.gov/RequiredPosters to learn more about workplace posters from L&I and other government agencies.

are 16 or 17 must In all other industries, teens whohours, and a 10-minute paid break for each

Contact OSHA.

LEAVE ENTITLEMENTS

The law requires employers to display this poster where employees can readily see it.

Workers Need Meal and Rest Breaks

Tell your health-care provider and your employer about your work-related injury or condition. The first step in filing a workers’ compensation (industrial insurance) claim is to fill out a Report of Accident (ROA). You can do this online with FileFast (www.Lni.wa.gov/FileFast ), by phone at 1-877-561-FILE, or on paper in your doctor’s office. Filing online or by phone speeds the claim and reduces hassle.

About required workplace posters

The rights listed here may vary depending on the circumstances. The text of this notice was prepared by VETS, and may be viewed on the internet at this address: http://www.dol.gov/vets/programs/userra/poster.htm. Federal law requires employers to notify employees of their rights under USERRA, and employers may meet this requirement by displaying the text of this notice where they customarily place notices for employees.

U.S. Department of Justice

hours

times their regular rate Most workers must be paid one and one-half seven-day workweek. of pay for all hours worked over 40 in a fixed overtime.

Agricultural workers are generally exempt from

Teen Corner – Information for Workers Ages 14–17

In addition, an employer may not retaliate against anyone assisting in the enforcement of USERRA rights, including testifying or making a statement in connection with a proceeding under USERRA, even if that person has no service connection.

U.S. Department of Labor 1-866-487-2365

UNDER THE FAIR LABOR STANDARDS ACT

must be paid at least the minimum hours worked.

Workers who are 14 or 15 may be paid 85% of

Get medical care. The first time you see a doctor, you may choose any health-care provider who is qualified to treat your injury. For ongoing care, you must be treated by a doctor in the L&I medical network. (Find network providers at www.Lni.wa.gov/FindADoc .)

because of this status.

from OSHA.

EMPLOYEE RIGHTS

can read it.

wage

or older Most workers who are 16 years of age wage for all

Report your injury. If you are injured, no matter how minor the injury seems, contact the person listed on this poster.

January 1, 2020 Benefits Begin January 1, 2020 Benefits Begin

April 1, 2019 Reporting Begins April 1, 2019 Reporting Begins

For more information: PaidLeave.wa.gov For more information: PaidLeave.wa.gov

When does this begin?

January 1, 2020 Benefits Begin

January 1, 2019 Premium Collection April 1, 2019 Reporting Begins

For more information: PaidLeave.wa.gov

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ARE YOU A HOSPITALITY INDUSTRY ENTREPRENEUR INTERESTED IN SELLING YOUR BUSINESS? IBA, The Pacific Northwest's premier business brokerage firm, has represented business owners in the sale of their privately held companies and family owned businesses since 1975 with knowledge, experience, and a strong professional skill set. We have successfully facilitated sales from Bellingham to Vancouver; Aberdeen to Spokane; and throughout King, Snohomish, & Pierce Counties in Washington.

Completed transactions have included restaurants, hotels, bars, franchises, bakeries, espresso businesses, food manufacturing & distribution businesses, wineries, and service providers to the hospitality industry. We have sold single units and chains to individuals, private equity firms, and privately & publicly held companies. As licensed real estate professionals, we have the ability to sell or lease associated real estate as part of our comprehensive representation services.

If you are interested in selling your business we would welcome the opportunity to provide an overview of the services we provide our clients. All information provided to IBA is held in strict confidence.

100% of IBA's fees are paid on performance at the completion of a transaction. IBA is commonly recognized as the premier seller representation business brokerage firm in Washington for parties wishing to achieve premium market values in "win-win" transactions while employing "best practices" throughout the sale process.

Reporting Begins For more information: PaidLeave.wa.gov

For For more more information: information: PaidLeave.wa.gov PaidLeave.wa.gov

Beaut fu y des gned w th a the abor nformat on you are requ red to post accord ng to federa and state aw These posters are $5 each for Wash ngton Hosp ta ty Assoc at on members Th s pr ce nc udes tax sh pp ng and hand ng That s the best dea n the state

Please Contact Oliver Kotelnikov, IBA's Lead Broker in its Hospitality Transaction Division, at (425) 454-3052 or oliver@ibainc.com for Additional Information.

All Questions Welcome.

ORDER YOURS AT:

40 Lake Bellevue Drive, Suite 100 Bellevue, WA 98005 (425) 454-3052 • www.ibainc.com

WAHOSPITALITY.ORG/LABOR-POSTERS

Lex on Tech

How Washington’s new laws on personal delivery robots positively affect the hospitality industry

By Lex Nepomuceno

The robots are coming! And these are not just any robots, because we all know that robots for manufacturing have been around for quite a while.

These robots are delivery robots, and recently Washington became the 8th state to approve personal delivery robots on the streets.

So, how does this affect us? And how does this look for the future of companies and businesses, in particular, those in the hospitality industry?

Ways delivery robots will positively affect the hospitality industry: They cut down on labor cost without costing jobs. Imagine being at a hotel and you call down for additional towels. Instead of a person having to bring them up, they can be sent directly to the room via robot. However, this doesn’t mean jobs will be lost.

Instead, the employment landscape in the industry will change.

For example, in the U.S. automotive industry, 60,000 industrial robots were installed between 2010 and 2015 and yet, during the same period, the industry added a net 230,000 jobs.

For restaurants, it may be just the thing that we are looking for with delivery service. An order is placed, put inside the robot and sent on its way, again, saving on labor costs. Not only will this work toward building a better environment because the robots are electric, but it will also allow for less handling of products and goods, which is great for food safety.

Consistency. The most important benefit from the use of robots is that it will eliminate the variables that can result in wasted time and annoyed customers. With a robot, the delivery will show up in precisely the time promised and that fresh towel will

8 │ wahospitality.org

make its way to the guest on time without the hotel maid having to stop and talk to another guest or take care of an urgent issue.

For the devices, there are a few regulations that need to be followed, including; They can’t exceed 120 pounds before they’re loaded up with items to deliver.

Robots can only cross the street at crosswalks.

All robots must yield to pedestrians and bicycles.

They must all have effective and working brakes and lights.

They must be tracked with a unique ID number.

They must always be monitored and controlled by an operator.

They are not allowed to travel faster than six miles per hour.

The robot must be owned by a business that has an insurance policy that covers the liability of at least $100,000.

Robots are the wave of the future They are the key to creating a more efficient world, and for the those in hospitality it will create more satisfied customers. 

Primary Source of Information | National News Briefs National Restaurant Association president and CEO to depart President and CEO Dawn Sweeney announced in May she will step down when her current contract ends at the end of 2019, according to the National Restaurant Association.

Until then, she will continue to lead the association and foundation, gain board approval for the 2020-24 strategic plan and assist board leadership in the search for a new CEO. New professional certifications for food service: ServSuccess The National Restaurant Association recently launched ServSuccess, a suite of professional certifications for those already working in restaurants. Courses included basic business operations, leadership and communication, cost control fundamentals, back-of-the-house production and more. All training is online and learning units can be completed in 10-20 minutes. Learn more about these certifications at servsuccess.com.

Menu labeling enforcement begins Official enforcement of the federal menu labeling law began May 7, according to the National Restaurant Association. Restaurants with 20 or more locations operating under the same name must comply. For more information and to better understand the regulations, check out the association’s online Menu Labeling Compliance Guide, the FDA’s Menu Labeling Education Module, or you can also email the FDA directly. See all of the resources at restaurant.org/Manage-My-Restaurant/ Food-Nutrition/Menu-Labeling.

Mt. Spokane High School at Nationals in Washington, D.C. Photo by David Faro Washington ProStart teams place 25th and 23rd in national competition Students from Mt. Spokane and Bonney Lake high schools traveled to Washington, D.C., May 8-10, to compete in the National ProStart Invitational. The culinary team from Mt. Spokane placed 25th out of 46 teams and the management team from Bonney Lake placed 23rd out of 45 teams. See the results and learn more about the event at chooserestaurants.org/2019-national-prostart-invitational.

U.S. offers 30,000 new H-2B Visas An additional 30,000 foreign worker visas are now available under the H-2B Visa program, according to the National Restaurant Association. These visas are available to returning workers who have previously used the program in the last three years and remain in compliance with its provisions. The National Restaurant Association reports there is substantial demand for H-2B workers in seasonal industries such as restaurants, hotels and landscaping.

July 2019 │ 9

Government Affairs | Local GA Update

By Jacque Coe, APR, and Lisa Leinberger

Seattle Hotel Association welcomes new executive committee Sean O’Rourke, general manager, with the Seattle Marriott Waterfront, stepped into his new role as president of the Seattle Hotel Association (SHA), after serving on the board previously.

Seattle campaign season heats up with endorsements for local races

The SHA has appointed a new executive committee to lead in the coming year.

Bill Weise, with the Silver Could Seattle Stadium, is now vice president. Lars Pedersen, with Hotel Andra, will continue as treasurer while Michael Clark, with Renaissance Seattle, moved into the role of secretary. After serving as president during the past two years, Shannon Sheron of The Hotel Sorrento will remain on the board as will Diane Holliday Germain of the Westin Hotel, who previously served as vice president.

Seattle Hospitality for Progress has announced early endorsements for the 2019 primary elections. Seattle Hospitality for Progress is the political arm of the Seattle Hotel Association and the Seattle Restaurant Alliance, representing members in neighborhoods throughout Seattle.

This year, Seattle voters will determine the makeup of the Seattle City Council with seven of the nine seats on the November ballot.

Seattle Hospitality for Progress’ city council endorsements are: District 1: Phil Tavel District 3: Egan Orion District 4: Alex Pedersen District 6: Jay Fathi and Heidi Wills District 7: Michael George and Jim Pugel Issues of importance to the hotel and restaurant industry include the need for effective, data-driven solutions to the region’s homelessness crisis; addressing public safety and civility issues; and accountability in city spending.

10 │ wahospitality.org

Photo credit: Puget Sound Business Journal Hospitality industry turns out to hear from women who lead Hundreds of hoteliers and restaurateurs turned out at Seattle’s Fairmont Olympic Hotel for the Women Who Lead in Hospitality event, sponsored by the Puget Sound Business Journal, on May 31.

Attendees spanned a range of ages and professional levels to discuss issues from career paths and promotions to work-life balance. Panelists included Pina Purpero – general manager, Hyatt Regency Lake Washington; Debbie Brown – hospitality consultant and former vice president of human resources for Four Seasons Hotels and Resorts; Heather McCrory - CEO, North and Central America region, Accor; and Amanda Parsons - general manager, Thompson Seattle. Parsons also serves on the board of the Seattle Hotel Association.

Tacoma Hospitality Alliance city council endorsements Of the nine Tacoma City Council seats, four are up for election this year.

The Tacoma Hospitality Alliance’s 2019 city council endorsements are: · District 1: John Hines · District 3: Keith Blocker · At-Large 7: Conor McCarthy · At-Large 8: John O’Loughlin The alliance seeks to educate candidates on issues facing the hospitality community and endorses and supports candidates for office in the city of Tacoma. The alliance represents the diverse entertainment, restaurant and hotel sectors of Tacoma’s economy.

The issues raised were focused on thoughtfully managed growth of the city and continuing to address Tacoma’s homelessness and opioid crisis with periodic check-ins of progress. There is also interest in reducing red tape, finding efficiencies in the local government and developing a strong and diverse workforce.

For more information, contact Joe Bushnell at joeb@ wahospitality.org.

Gender neutral signage for single-use facilities in King County Starting Dec. 1, 2019, restaurants in King County with single-use toilet facilities must use gender neutral signage, designated for use by anyone, regardless of sex or gender identity. This new requirement only means changes for restaurants outside of Seattle, since the city enacted similar requirements in 2016. The rule also streamlines toilet facility requirements for food service businesses in King County by removing outdated and redundant language.

In a win for members, the King County Board of Health accepted feedback from your local government affairs team to ensure that the revised rule does not change the requirements for number or type of restrooms and aligns with existing law at the state and in the city of Seattle. The Board of Health also agreed to a six-month implementation timeline to ensure businesses have adequate time to learn about the change and update their signage.

For more information, visit wahospitality.org.

July 2019 │ 11

Health care doesn’t have to be scary.

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Call 877-892-9203 or email quotes@hihittrust.com for more information!

12 │ wahospitality.org

fairs Committee chairs Af t en m rn ve Go e th m fro ter 2019 let

g each aspect Hospitality Association, representin gton hin Was the of bers mem are Like you, we As your Government k-service restaurants, and lodging. of our industry – full-service and quic mittee and talking com the have the pleasure of leading Affairs Committee (GAC) chairs, we rities. prio and ion’s legislative policy positions with you to determine our associat we had a good ance of the 2019 legislative session, adv in 8, 201 er emb Dec in last, When we met knew there would be e during the session. However, we idea of the challenges we would hav already well positioned was session, that our team the into g goin w, kne We too. ns some unknow t Affairs team has made Legislature. The State Governmen to work with every member of the h one-party majority rule Wit ships with lawmakers a priority. forming strong, bipartisan relation e important than ever to mor ce, these relationships are Offi or’s ern Gov and ate Sen se, in the Hou advancing our policy goals. sing. While these two ce development and affordable hou kfor wor on s focu a with ion sess We began the rs in communities across lity industry, as hospitality operato pita hos the to ed elat unr seem topics may who have joined us in need to grow the careers of those the , kers wor for and dem the see the state, we ce development legislation did sing options. Though our workfor hou le rdab affo of lack the and hospitality ntial for careers in hospitality n and raised awareness of the pote atio vers con the ted star we , year ip. For example, more not pass this or level management and ownersh seni to up way the all s, ition pos el dishwashers and now own from entry-lev ary, got our start in the industry as Janu in b, Clim Hill for met who us than half of our own businesses. ee calls to receive updates weekly Government Affairs Committ had we ion, sess the of ks wee 15 During the ve process. These calls, re different bills were in the legislati whe and with d age eng was team on what the team on the issues. As a to our bill tracker helped guide the e mad we ates upd the and ons our discussi n. We saw more members opinions were constantly called upo and t inpu our n, atio aniz org en g in committee to member-driv responding to action alerts to testifyin from – ion sess this cess pro the in d get engage up and worked to advocate legislative process, members stepped the of step y ever At . ings sign bill attending lity in Washington is stronger for it. on behalf of our industry. Hospita State Government Affairs ion for the hospitality industry. The sess ve slati legi d goo very a was Overall, this for the hospitality industry.” ciation’s mission and “deliver wins asso the ieve ach to d har ked wor team really t Affairs Committee adopted rity issues matrix that the Governmen prio the g lyzin ana t spen time e After som of the items on the matrix. This t Affairs team achieved 84 percent men ern Gov e Stat the 8, 201 er in Decemb is a huge accomplishment! ngthen hospitality in our measures we worked on to help stre for year this ings sign bill two d We attende sumer safety protections passed bill requiring tax fairness and con tal ren rm rt-te sho rity prio top state. Our motel workers by providing itionally, a bill to protect hotel and Add or. ern gov the by law into ed and was sign bills, the State Government ed and was signed into law. For both pass ons butt ic pan and g nin trai additional for guidance. the Government Affairs Committee and irs cha r you as us on ed call Affairs team forward to working with all t Affairs Committee chairs and look men ern Gov r you as e serv to ored We are hon t. on the issues that matter to us mos interested members in the future Sincerely, Russell Brent

Ron Oh

Brian Moreno

Russell Brent, Mill Creek Pub es North Seattle – Shoreline Ron Oh, Holiday Inn Express & Suit Brian Moreno, McDonald’s

July 2019 │ 13

2019

LEGISLATIVE

SESSION

REVIEW

By Nicole Vukonich

Looking back on the 2019 legislative session, it was record breaking. With one of the largest incoming classes of freshman legislators in years, to having the greatest number of women in office since 2000, to breaking the ceiling of the $50 billion-dollar state operating budget mark, to the number of total bills introduced, to ending the 105-day long session on time for the first time in a decade, it was unprecedented. The Washington Hospitality Association set records too: For the first time ever, members and their employees sent their lawmakers more than 10,500 emails in response to an action alert.

With strong Democratic majorities in the House of Representatives and the Senate, Democrats this session had a clear mandate from voters to implement many of the policies that failed to pass when the majorities in both chambers were more evenly divided. This session saw new leadership in the Senate Democratic caucus with Sen. Andy Billig of Spokane elected majority leader, while Senate Republicans retained Minority Leader Sen. Mark Schoesler of Ritzville. In the House of Representatives, Democratic Speaker Frank Chopp of Seattle announced he would step down after more than two decades as speaker. A new speaker will be elected by House Democrats this summer. House Republicans also retained Rep. J.T. Wilcox as their minority leader.

For legislative session veterans, this session was the fastest paced long session in recent memory. Typically, long sessions are more of a long distance run rather than a sprint. With 14  │  wahospitality.org

an average of more than 100 bills introduced daily, during the first two weeks there were a lot of bills to read and understand.

bill requires short-term rental operators or the platform to collect and remit all state and local taxes (including local lodging tax), adhere to basic health and safety standards and acquire liability insurance.

The Washington Hospitality Association State Government Affairs team was there and prepared every step of the way.

From testifying on bills in committee, to meeting with legislators, to encouraging members to share their stories and experiences with lawmakers.

Overall, the hospitality industry in Washington state fared very well this session. The State Government Affairs team achieved 84 percent of the policy goals identified on the priority issues matrix adopted by members, in December 2018. What was predicted to be a challenging session with many obstacles was not as bad as predicted, and the association was well positioned to succeed.

As a member-driven association with our mission to “deliver wins for the hospitality industry,” here are some of the highlights from the 105-day 2019 legislative session.

WINS

Protecting hotel and motel workers who work alone, providing safety devices (Senate Bill 5258) A bill concerning isolated workers gained our support this year, aligning with the goals and direction set by our members.

The bill, modeled after the American Hotel and Lodging Association’s 5-Star Promise, requires hotels and motels who employ housekeepers and room attendants who spend a majority of their working hours alone, to adopt an anti-sexual harassment policy, provide anti-harassment and discrimination training and equip employees with a safety device capable of summoning help. Our industry’s efforts to ensure our employees are protected and safe is unmatched.

Legislation brings tax fairness and consumer safety protections to short-term rental operators and platforms (House Bill 1798) This year, with a focus on affordable housing and bringing equity to the lodging industry, the association worked to introduce and pass a bill that brought long sought after parity to unlicensed, unregulated short-term rentals.

Fortunately, the team was aided by the Marketplace Fairness Act and the Wayfair Decision – two significant pieces of legislation that authorize the Department of Revenue to collect data and audit large online short-term rental platforms and do away with their “voluntary tax collection agreements.” In addition to the Department of Revenue now collecting individual operator tax information, the

Defeating a statewide restrictive scheduling requirement (House Bill 1491/Senate Bill 5717) This session, lawmakers in the House and Senate proposed to mandate how employers may schedule their employees.

For the hospitality industry, schedule flexibility is one of the foundational reasons people choose to enter careers in this line of work. To read an in-depth look at this issue, see page 18.

July 2019 │ 15

WINS (cont.)

A state budget with no new taxes aimed at hospitality

Future grant opportunities for the Washington Hospitality Association Education Foundation This governor-led initiative focuses on career connected learning opportunities for youth and career readiness for those do not choose the path of a four-year university.

Creating a completely new and robust program like this takes a significant amount of funds, which most of the debate centered around. After weeks of budget debate, the Career Connect Washington initiative was allocated $11.5 million in the agreed upon budget, through a B&O surcharge on some businesses. In the months ahead, the Washington Hospitality Association Education Foundation will be able to apply for competitive grants through the Employment Security Department to help promote career connected learning programs. The State Government Affairs team, on behalf of the association, supported the underlying policy but opposed the funding mechanism of the bill.

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For the first time in state history, the two-year state operating budget is over the $50 billion-dollar mark. In fact, the 2019-21 state operating budget will raise and spend $52.4 billion. The increase in state spending is due to larger demands on state government caseloads and investments made K-12 education, behavioral health, affordable housing, wildfire prevention and other costs associated with keeping the state operational.

While the state economic revenue forecast reported more than $4 billion in additional revenue than the previous two-year period, the budget will add $830 million in new taxes during the next two years and add $2 billion in the next four years.

The new taxes include a graduated Real Estate Excise Tax (REET) to replace the state’s flat tax on all real estate sales.

The Business & Occupation tax rate for large banks and travel agents was increased, a tax on vaping products was added, and an automatic sales tax exemption for out of state shoppers was removed. An additional B&O tax rate increase on select professional services and advanced computing businesses will pay for education investments including free college tuition for certain families that qualify. None of these new taxes were aimed at or will directly impact the hospitality industry. Despite multiple proposals from lawmakers introducing a capital gains tax, it was absent from the final budget agreement. While the hospitality industry remained mostly untouched by new taxes, the association remains concerned about the sustainability of rapidly increasing state spending at the current rate.

BILLS THAT DID NOT PASS Establishing the Secure Choice Retirement Savings Program (Senate Bill 5740) The Secure Choice Retirement Savings Program would set up a public/private retirement savings option for small employers and create an opt-out option for employees. The idea being that for many small employers, setting up an individual retirement savings program is too costly, therefore leaving thousands of employees without any savings for retirement down the road. Although this bill did not pass this session, it opened discussions about employee readiness when it comes time to retire.

Gaining support for hiring events to develop and train the workforce (House Bill 1556/Senate Bill 5808) As a priority this session, the Washington Hospitality Association supported legislation that would have established a grant program through the Employment Security Department to help fund and support hospitality industry hiring events. Although this bill was unsuccessful in making it past the fiscal committee cutoff, the hearings in both the House and the Senate positively positioned the association and industry as a leader in workforce development. This message held true during the rest of session and the State Government Affairs team looks forward to continuing to educate legislators on all the industry does for its workforce.

Liquor and Cannabis Board (LCB) accountability through an annual rules review (Senate Bill 5296) This bill would have required the LCB to conduct annual reviews of the rules it does or does not adopt and report the findings back to the Legislature. The bill did not pass this session, however, it shed light on the need for transparency between licensees and the agency. This interim, the State Government Affairs team will participate in

a work group with stakeholders and legislators to bring added accountability and transparency to the LCB. Modernizing resident distillery marketing and sales restrictions (Senate Bill 5549) For the second year in a row, the Washington Distillers Guild introduced and advocated for legislation that would allow distilleries to open additional tasting rooms where spirituous cocktails could be offered for on-premise consumption, but did not have the same regulatory requirements as other liquor licenses. The association was opposed to this legislation because it would cause parity issues among the existing liquor licenses. During the session, the State Government Affairs team worked with the Distillers Guild to address some of the concerns, but ultimately the Legislature did not act on the final passage of the bill.

Adding diaper changing stations to restrooms (House Bill 1223/ Senate Bill 5156) This session saw the return of the issue of placing diaper changing stations in restrooms accessible to men and women in restaurants with an occupancy of 60 or more and that have a children’s menu. The Washington Hospitality Association supports providing a safe environment for even the littlest guests, which is why after working with the sponsors of the bill in the House and Senate, the State Government Affairs team was able to update the bill so it would apply to new construction and significant restroom renovations and a phase-in for existing restaurants. The bill did not pass during the 2019 legislative session.

Overall, the 105-day legislative session was a good session for the hospitality industry in Washington state. Over the course of the interim before the next session begins in January 2020, the State Government Affairs team will continue to work on behalf of all members when engaging with state agencies, candidates and lawmakers.

Learn more about bills on the environment, including singleuse plastics bans, consumer data privacy bills and qui tam whistleblower lawsuits in the following pages. 

July 2019 │ 17

ON THE ISSUE

RESTRICTIVE SCHEDULING

By Nicole Vukonich

During the 2019 legislative session, there were efforts to pass a bill to create a statewide restrictive scheduling mandate for certain targeted industries, including hospitality. These proposals would have wiped out the scheduling flexibility the industry is built upon. When the Washington Hospitality Association surveyed employees in the industry, the majority of respondents said that one of the best parts of the industry is having the flexibility to create a schedule that allows them to create their ultimate work/life balance.

The scheduling proposals, as drafted in House Bill 1491 and Senate Bill 5717, were not going to be realistic or possible to implement without significant administrative costs and burdens to members and the hospitality industry.

Instead of benefiting both workers and employers, the proposals would have removed scheduling flexibility and the ability to schedule employees without significant penalties to the employer.

The State Government Affairs team quickly got to work to inform members of the restrictive scheduling bills and identified members’ concerns with these measures. During Hill Climb, at the end of January, small local business owners and Washington Hospitality Association members from across the state told their lawmakers that restrictive scheduling would not work for them and how their businesses would be negatively affected.

With the help of more than 650 members and hospitality industry employees, more than 10,500 emails were sent to lawmakers detailing their concerns and foreseen challenges with the restrictive scheduling bills. These action alerts set new response records for the Washington Hospitality Association. In addition to responding to the action alerts, members and partners played a pivotal role with restrictive scheduling by taking the time away from their businesses to

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testify in front of the labor committees as well as publishing opinion-editorial pieces in The Seattle Times and the Spokesman-Review.

House Bill 1491 and Senate Bill 5717 both had hearings in the House and Senate labor committees. During the committee process, the bills were updated and, most importantly, in the House, an amendment was added that would exempt the state’s 30 counties out 39 that are classified as rural by the Office of Financial Management.

The amendment was adopted unanimously in committee and was a sign that this policy was not ready to become law.

The Senate version of the bill took a similar path. Both bills as amended advanced out of the policy committee and headed to the fiscal committees. Again, members engaged with their lawmakers and spoke during the hearings in the House Appropriations Committee and the Senate Ways & Means Committee. By March 1, the fiscal committee cutoff deadline, the bills had hearings, but no further action was taken. Because the bills did not advance past the fiscal committee deadline, they were declared dead for the session.

Restrictive scheduling will return next session, as bills are technically alive for the two years of the biennium. The restrictive scheduling bills will remain in their edited forms unless a new bill is drafted to address many of the concerns that the hospitality industry has raised about restrictive scheduling.

As an organization focused on finding solutions to the most complex problems facing the industry we now have until next session to gather more feedback from association members and determine how we want to address this topic in the future. The State Government Affairs team will continue to advocate for a hospitality workforce that will continue to be flexible and an industry of opportunity for all. 

ON THE ISSUE THE ENVIRONMENT AND EFFORTS TO BAN SINGLE-USE PLASTICS

By Nicole Vukonich According to the United Nations Environment Program, researchers estimate that more than 8.3 billion tons of plastic has been produced since the early 1950s and about 60 percent of that plastic has ended up in either a landfill or the natural environment around the world.

With a heightened sense of urgency, the Legislature considered bills this session addressing environmental concerns beginning with the elimination of single-use plastic waste.

Washington Hospitality Association members indicated early on that protecting the environment and doing what they could to help as an industry was a priority. Following this direction, the State Government Affairs team positioned the hospitality industry as solutions-oriented on these issues and worked with lawmakers and stakeholders to ensure that any new environmental and sustainability requirements would allow hospitality businesses to reasonably comply.

Following Seattle’s lead, Senate Bill 5077 was introduced to prohibit single-use plastic straws. In its original form, this bill proposed to prohibit the use or sale of any straw not made of paper. The bill did not prohibit local governments from enacting additional city or county laws about the issue. While opposed to the original version of the bill, the state team worked all session to amend the bill to give the hospitality industry the flexibility to comply with the law and secured language to create one statewide standard, thus prohibiting local governments from enacting their own laws. Despite efforts to come to the table and get to a place where the industry was supportive, the bill did not ultimately pass this session.

Plastic bag bans are common in cities across Washington, however, bills this session planned to create a statewide ban on single-use plastic bags. Of the bills introduced addressing plastic bag bans, the State Government Affairs team got to a supportive position on Senate Bill 5323 (House

Bill 1205), as it contained a provision that would still allow hospitality industry members to use single-use plastic bags for carry out food, thus allowing them to be in compliance with state Department of Health regulations and current food safety rules. This bill passed in the Senate and made it through committees in the House before stopping in the House Rules Committee, the last stop before a vote on the floor of the House. This was the farthest any type of statewide plastic bag ban has ever gone in the legislative process.

Plastic packaging was also the focus of legislation this session in House Bill 1632. The Washington Hospitality Association was the first to support this bill because of the comprehensive and reasonable approach it took to phasing out single-use plastic items like straws, cutlery and condiment packaging by 2030. Sadly, this bill did not pass this session.

The one bill addressing plastic packaging that did pass this session involves a study by the Department of Ecology assessing and evaluating the amount and types of plastic packaging sold in the state, in addition to its management and disposal. The study’s report is due to the Legislature by Oct. 30, 2020.

While single-use plastic waste is easier to detect as an environmental pollutant, there are also harmful chemicals that leech into the environment and the air, causing damage unseen to the naked eye. This session, the Legislature passed bills to help reduce greenhouse gas emissions and a reliance on ozone-depleting substances. The Washington Hospitality Association remained neutral on these topics.

With a growing emphasis on protecting the environment and addressing single-use plastic waste, these bills and topics will return next session. 

July 2019 │ 19

ON THE ISSUE PROTECTING CONSUMER DATA PRIVACY

By Nicole Vukonich Before the 2019 legislative session began, the governor and leaders in the House and Senate stated their intention to prioritize legislation protecting consumer data privacy.

Bolstered by the efforts of the European Union in the General Data Protection Regulation (GDPR), which went into effect in May 2018, and a similar law that passed in California, lawmakers, in Olympia, were eager to pass legislation in Washington during the 2019 session.

Two identical companion bills were introduced, House Bill 1854 and Senate Bill 5376, addressing consumer data privacy. The bills would create the Washington Privacy Act and added data privacy regulations and requirements in addition to addressing other technology issues like facial recognition. The logic in having two identical bills go through the legislative process is that you have twice the chance to get a bill passed. The risk of this method is that the bills can be changed and may quickly become entirely separate bills from their original identical state. This is what happened this session in the House and Senate.

Working with the business community, stakeholders and the sponsor of the bill to find a workable solution on this issue for our members, the Senate version, as amended,

included the changes the State Government Affairs team fought for on behalf of the hospitality industry. These changes included the removal of a private right of action, meaning a company could not be sued by a private attorney if a person took issue with how the company handled their data. The Washington Hospitality Association also fought for an exemption for businesses who use data for their own direct marketing purposes. This would allow hospitality businesses who do their own email marketing to continue to do so without penalties. The Senate version of the bill passed and went to the House of Representatives for consideration.

Instead of moving the Senate version of the bill along in the House, the bill was changed back to the House version of the bill and stripped of the changes for which the State team had fought. Additional challenges among other stakeholder groups and on other facets of the bill ultimately stalled its progress from passing during the 2019 session. Given a new opportunity in the 2020 legislative session, the State Government Affairs team will continue to work on this bill ensuring hospitality businesses may comply under the law. 

ON THE ISSUE THE PROPOSED EXPANSION OF QUI TAM LAWSUITS

By Nicole Vukonich “Qui tam” is a Latin phrase meaning, “[he] who sues in this matter for the king as well as for himself.” Boiling it down, qui tam most commonly refers to a whistleblower lawsuit relating to fraud, normally Medicaid fraud under the Medicaid Fraud False Claims Act. The Washington State House of Representatives considered Substitute House Bill 1965, which would have created the Worker Protection Act, allowing any person, corporation, association or other legal entity or local government in the state to bring a qui tam lawsuit or action in court for the enforcement of employment laws under the Department of Labor & Industries.

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The Washington Hospitality Association was and will continue to be interested in this bill because if passed, it would allow whistleblowers to hire private attorneys to sue on behalf of the state to enforce labor laws. There are already processes in place to address any issues with existing labor laws and is the job of the state attorney general. During the 2019 legislative session, the bill advanced out of the House policy committee but did not make it beyond the House Rules Committee. The Washington Hospitality Association opposed this bill and will continue working with a broad coalition of the business community to find solutions on this complex issue. 

2019 Session Infographic

By Washington Hospitality Association State Government Affairs

First day of session:

Last day of session:

Days of the session:

Jan. 14

April 28

105 days

Senate Democrats:

Senate Republicans*:

*One Democrat caucuses with Republicans

28

21

(49 total)

House Democrats:

House Republicans:

57

41

(98 total)

Bills introduced:

Bills passed by the Legislature:

2,278

485

Amendments introduced:

Total roll call votes by legislators:

1,520

1,428

Size of the state budget: 2019-21: $52.4 billion

vs.

2017-19: $43.7 billion

Number of Government Affairs Committee weekly calls:

14

Average number of Government Affairs Committee participants on the call:

20

The total number of emails from members and their employees sent to legislators via Action Alerts:

Number of times the State Government Affairs team testified in committee hearings:

Percentage achieved on the 2019 Priority Issues Matrix

10,540

More than 50

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The 2019 Legislative Heroes for Hospitality

By Nicole Vukonich Photos courtesy of Washington State Legislative Support Services

Following the end of each legislative session, the State Government Affairs team recognizes and thanks legislators from each of the four caucuses who demonstrated a commitment to Washington state’s hospitality industry. These champions for the industry worked to understand the challenges and opportunities of operating a hospitality business, worked to educate their caucuses and supported hospitality advocacy efforts. This year, in addition to our legislative heroes, there are also two legislators who received an honorable mention for their work in support of the hospitality industry. Thank you!

Sen. Mark Mullet

As the Democratic state senator from Issaquah, owner of Ben and Jerry’s Ice Cream locations and a Zeeks Pizza, Sen. Mark Mullet knows hospitality. This session, Mullet went above and beyond to speak with members at Hill Climb and helped prepare them for a busy day of meetings with legislators. Throughout the session, Mullet was a champion for the association’s top priority short-term rental bill as the chair of the Senate Financial Institutions, Economic Development & Trade Committee. He also led the Senate Democrats during session on other priority hospitalityrelated industry topics. In the Senate, Mullet is also a member of the Ways & Means Committee and the Early Learning & K-12 Committee. Thank you, Sen. Mullet, for being a 2019 Legislative Hero for Hospitality.

HERO Sen. Curtis King

HERO

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Sen. Curtis King, R-Yakima, is just about as hospitable as they come. He has earned our industry’s appreciation this year for his support and willingness to assist our industry as the ranking minority member on the Senate Labor & Commerce Committee. King was a champion of the industry on many bills and topics including safety devices for isolated workers, Liquor and Cannabis Board accountability, restrictive scheduling, employment and business regulations, diaper changing stations and more.

Specifically, King was consistent in his thoughtful and pragmatic approach to finding solutions to complex policy issues. In addition to his duties on the Labor & Commerce Committee, King also serves as the ranking minority member of the Senate Transportation Committee and as a member of the Rules Committee. Thank you, Sen. King, for being a 2019 Legislative Hero for Hospitality.

Rep. Cindy Ryu

When it came time to nominate and select the 2019 Legislative Heroes, Rep. Cindy Ryu, D-Shoreline, immediately came to mind. As the sponsor and champion of the association’s top priority short-term rental bill, Ryu went above and beyond to ensure the bill’s passage this year. Now with a law on the books that holds shortterm rental operators and platforms to the same tax regulations and consumer safety provisions as lodging establishments, the industry is more equal. In the House of Representatives, Ryu is the chair of the Housing, Community Development & Veterans Committee, is a member of the Appropriations Committee and the Consumer Protection & Business Committee. She is also a board member of the Washington Tourism Marketing Authority. Thank you, Rep. Ryu, for being a 2019 Legislative Hero for Hospitality.

HERO

Rep. Gina Mosbrucker

Rep. Gina Mosbrucker, R-Goldendale, is no stranger to hospitality. In addition to serving in a leadership position in the House as the minority vice-caucus chair, Mosbrucker is also the CEO and general manager of Quality Inn & Suites Hotel in Goldendale. As the ranking Republican on the House Labor and Workplace Standards Committee, her deep understanding of the hospitality industry and the perspective of a small business owner proved invaluable this session. When issues like restrictive scheduling and other labor, business and employment regulations were before the committee, Mosbrucker proved herself to be a champion for the industry and as someone with a solutions-oriented approach. Mosbrucker also serves on the Appropriations Committee and the State Government and Tribal Relations Committee. Thank you, Rep. Mosbrucker, for being a 2019 Legislative Hero for Hospitality.

HERO

Honorable Mentions House Republican Minority Leader Rep. J.T. Wilcox House Republican Minority Leader Rep. J.T. Wilcox of Yelm receives an honorable mention this session as he exhibited tremendous leadership skills as leader of his caucus this session. With gratitude and appreciation, thank you for your support, Rep. Wilcox.

Rep. Drew Stokesbary

Rep. Drew Stokesbary, R– Auburn, receives an honorable mention this session for his instrumental role in listening to the concerns of the hospitality industry on the consumer data privacy bill and his work to prevent additional taxes on the industry. Thank you for your support, Rep. Stokesbary.

July 2019 │ 23

PLEASE JOIN US.

HOSPITALITY CONVENTION www.wahospitalityconvention.com

November 3-5

Westin Bellevue

24 │ wahospitality.org

2 0 1 9

2019 Washington Hospitality Association Member Heroes As a member-driven association, our members are the heartbeat and lifeblood of all the Washington Hospitality Association’s advocacy efforts and the grassroots movement. Your input, perspective and stories strengthen the work the State Government Affairs team does in the hallways and hearing rooms in Olympia. There are many ways members may get involved and add their voice to the work already underway to educate lawmakers about the hospitality industry. Attending Hill Climb, the association’s largest grassroots event of the year held at the Legislature; being an ambassador; attending local meetings; responding to action alerts; and providing feedback to the team are some of the other ways members may get involved. This session, there were many members who went above and beyond by coming to testify on legislation this session and supporting the association’s advocacy efforts. These members (and their employees) braved snow and ice and took time out of their busy schedules to meet with legislators, tell their stories and share their experiences in hospitality with the public.

The State Government Affairs team is naming these members and partners as 2019 Washington Hospitality Association Member Legislative Heroes for their commitment to Washington’s hospitality industry:

Neil Conklin, Bella Italia and Washington Hospitality Association ambassador Prior to the 2019 Legislative Session, Conklin went above and beyond and met with his 24th Legislative District legislators to share his concerns about the upcoming session. Because of Neil’s community involvement, he has built great relationships with his lawmakers making him an exemplary ambassador and has earned our thanks!

Travis Rosenthal, Pike Street Hospitality Group and Washington Hospitality Association ambassador From the beginning, Rosenthal showed enthusiastic support for the Secure Choice Retirement Savings Program (Senate Bill 5740). This bill would have allowed small businesses the opportunity to join a public/private retirement savings program at a low cost to employers. He testified in committee in support of this issue and lent his voice

and support in a coordinated statewide media campaign with the AARP. While the bill did not pass this session, Rosenthal’s advocacy efforts moved the needle on this issue and positively positioned the association for next session.

Washington Hospitality members and employees who testified in committee this session: Jacque Farrell, Farrelli’s Wood Fire Pizza Paula Craft, Olive Garden Mike McKinnon, Dairy Queen Valerie Fisk, Dairy Queen Manager Don Malatesta, Inn at Mallard Cove Nathan Allan, Swantown Inn Rick Nelsen, Ricardo’s Kitchen + Bar

Special thanks to: Larry Freshler, Hilton Spokane Debbie Brese, The Cloverleaf Glenda Milliette, Campbell’s Resort

Do you want to be an ambassador for hospitality?

As a central part of the association’s grassroots movement, members in legislative districts across the state have signed up to be hospitality ambassadors. Ambassadors receive special training and make a commitment to get to know (or already know) their local lawmakers. Ambassadors are the first people the State Government Affairs team calls on when the tough issues emerge. Does this sound like something you would like to do?

Contact Katie Doyle, grassroots manager, at katied@wahospitality.org for more information.

July 2019 │ 25

Government Affairs: We need you to stand with us!

By Paul Schlienz Standing together as one voice helps ensure that elected officials and government representatives understand our industry and recognize the strength of our association.

Washington’s restaurants and hotels employ 10.1 percent of the total private workforce, making it the largest private employment sector in the state. Hospitality industry businesses generate $1.3 billion in sales and Business & Occupation tax revenue for the state. Hospitality is part of the fabric of America – 24.3 percent of our workers were born outside the United States and we help empower people to rise through the career ladder. Our industry serves people, careers and communities and is vital to the economic health of communities across the state.

Something this precious needs to be protected, which is why the Washington Hospitality Associations Government Affairs team works so hard to represent the interests of our industry in Olympia and in cities and counties throughout our state.

But you, as a member, have a role to play, too, in representing our industry before the people who make the laws and regulations that affect your business every day.

“As a life-long Washington resident and business owner, I strongly believe that each of us has a responsibility to have some skin in the game if we want to create a better community,” said Chad Mackay, CEO of Fire and Vine Hospitality and chairman of the Washington Hospitality Association’s board. “That means giving time and energy to build relationships and develop deep knowledge about the issues and people that impact Washington state. We can’t sit back and wait for someone else to engage and create change. It’s up to each of us to get involved in the important challenges and huge opportunities that we have in this wonderful place.”

Indeed, our voices as an industry and as constituents are something our lawmakers need to hear.

“If lawmakers don’t hear your voice and it’s not in front of them, it doesn’t matter what the lobbyists are doing,” said Warren Beach, general manager at Holiday Inn Express & Suites – Everett and Member Services Corporation board chair. “The voice of the people that put those people into office is what gets things done.”

Legislators and city council members listen to people and their problems, not to corporations or associations. No matter how large and successful the Washington Hospitality Association gets, when it comes to changing minds and swaying opinion, it takes people to give perspective.

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Here are some of the ways you can get involved and make your voice heard:

 Join us for Hill Climb

Every January, we host members from across the state at the Capitol and connect them with their legislators. These oneon-one meetings between lawmakers and hospitality business owners and operators strengthen our ability to protect your interests. Don’t miss Hill Climb and our Taste Our Best reception – a fun and effective way to build relationships with policymakers that same evening.

 Become an ambassador

Member ambassadors receive training on how to build an ongoing relationship with their elected officials. These relationships strengthen the association’s ability to effectively advocate for policy decisions that will work for hospitality businesses, our employees and the communities we serve.

Contact Katie Doyle at katied@wahospitality.org for details.

 Join the Government Affairs Committee

During session, the Government Affairs Committee holds weekly calls to discuss legislative developments and strategies.

Participating is a great way to follow legislative issues and give guidance to our Government Affairs team.

 Get text alerts

Sign up for our text messaging system to get our action alerts.

Simply text “SERVE” to 52886 and when you get a text during session, it will be quick and easy to contact your legislators.

 Opt in for Legislative News

During the legislative session, we provide members with weekly updates on what’s happening in Olympia. To subscribe for 2020, email Nicole Vukonich at nicolev@wahospitality.org.

 Participate in a Government Affairs meeting

Each fall, our Government Affairs team holds meetings around the state to discuss key issues impacting hospitality businesses.

At these meetings, the team recommends priorities and goals for the coming session and members give input, which is then used in finalizing the legislative plan for the next year. Look for dates and locations in the Weekly E-newsletter.

“If you wait for someone else to volunteer, no one volunteers,” said Ron Oh, general manager of the Holiday Inn Express & Suites North Seattle-Shoreline and vice-chair of the Washington Hospitality Association board and chair of the Government Affairs Committee. “The only way we can be strong and have a true defense against overregulation is by people volunteering and making sure they’re involved. If you’re not willing to volunteer, yourself, how can you expect someone to do it for you?” 

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 WHAEF.ORG for more info.

SERVSAFE MANAGER HOSPITALITY TRAINING SOLUTIONS July 2019 │ 27

INDUSTRY CALENDAR July/August SERVSAFE® MANAGER July 9

Bargreen Tacoma

July 22

FSA Kent

July 25

FSA Spokane

Aug. 6

Bargreen Seattle, SODO

Aug. 26

FSA Everett

View full class list and register at: whaef.org//training-schedule 360-956-7279

MEETINGS July 10

Seattle Restaurant Alliance Meeting

July 11

Seattle Hotel Association Board Meeting

July 17

Seattle Restaurant Alliance Leadership Meeting

July 23

Finance Committee Meeting

July 31

MSC Board Meeting

July 31

Education Foundation Board Meeting

Aug. 6

Executive Committee Monthly Meeting

Aug. 7

Retro Trustee Meeting

Aug. 8

Seattle Hotel Association Board Meeting

Aug. 13

H.I.H.I.T. Meeting

Aug. 14

Seattle Restaurant Alliance Board Meeting

UPCOMING EVENTS Aug.27

Golf Fore Education

Sept. 6

Seattle Hotel Association Golf Tournament

Nov. 3

Washington Hospitality Convention 2019 @ The Westin, Bellevue

28 │ wahospitality.org

NEW MEMBERS Berry Fields Café, Centralia

Moshi Moshi Sushi, Seattle

Cherry Street Coffee House LLC, Seattle

Nonverba LLC, Spokane Valley

China Harbor, Seattle

North Bowl, Spokane

Crisp Greens, Tacoma

Nothing Bundt Cakes, Spokane

Discovery Inn, Friday Harbor

Pazzo’s Restaurant, Seattle

Emerald of Siam, Richland

Seaplane Kitchen, Kenmore

Fairfield Inn & Suites by Marriott, Dupont

Seize the Bagel, Vancouver

Hop Mountain Tap Room & Grill, Mead

Steve’s Bar & Grill, Bellevue

Maracas Zalpa LLC, Spokane

The Local Public House, Bellingham

McMenamins Elks Temple, Tacoma

Top Gun Bar & Grill, Puyallup

Mean Sandwich, Seattle

Vinason Corporation, Renton

NEW ALLIED MEMBERS Maestro Strategic Solutions LLC David Maestas 4404 Maricite St SE Lacey, WA 98503 360-900-1913 info@maestrostrategicsolutions.com www.maestrostrategicsolutions.com

SealX Jaz Singh 11316 NE 116th Ct Vancouver, WA 98662 325 503-516-2550 sales@sealxpro.net www.sealxpro.net

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July 2019 │ 29

Ask the Expert Let the party begin

By Rick Braa, CHAE

We have a highly seasonal business and we earn the bulk of our profit during the summer. We often get into a mode of being busy. What are some ideas to keep our crew educated and engaged through the busy time and maximize our profit?

Being a seasonal restaurant is the most difficult of all models. High season sales are often two to four times more than the surrounding seasons, bringing the reality of having two different restaurants with an operational survival mindset.

Operational survival can bring a sense of being overwhelmed and forgetfulness that the guest is the star of the show.

The leader’s job, during this time, is to maximize opportunities. An extra dollar earned during high season flows beautifully to the bottom line.

To optimize high season, consider the following: Say yes to the guest. When a restaurant is busy, the overall feeling can swing to a position of protective automation.

Front desk staff are the gatekeepers of guest flow and the introduction to the guest experience. Too often distraction wins the day and the staff shifts focus to interact with its work rather than the guest. Front desk is focused on the dining area, and when it’s full, staff members can overestimate wait times to relieve pressure or deliver a body language message of “we’re too busy for you” rather than “we want you to enjoy yourself and stay and dine with us.”

The guest is visiting to be transported to an experience rather than a thirdworld country. A new table needs a greet with fresh energy and enthusiasm.

30 │ wahospitality.org

Servers and bartenders can swing into order taking mode rather than guest engagement behaviors and check average increase opportunities vanish.

The natural feeling during the rush is “when is this going to end?” where it should be “this is wonderful.” Be conscious of this tendency and coach to guest engagement. Manage and direct hard to offer the entire experience by saying yes to every bit of business the guest wants to experience: extra drinks, apps, desserts and higher ticket items.

Demonstrate and reinforce hospitality.

Every day is important. A proper hospitality experience contains a strong greet, a customized experience, a strong finish at the end and a legitimate thank you. Proper behavior begins at the top; be the example always.

High season is the most important time to pamper employees with how you want the guest to be treated. If employees slip in and out without experiencing a place of belonging and hospitality, an opportunity is wasted. Role model hospitality to the crew by greeting them upon first contact with a smile and great energy.

Discuss their shift and how exciting it’s going to be while setting goals such as table turn times, customizing guest experiences, efficiency, teamwork and why they should be excited for the day.

Leadership in a rut creates a path for others to follow while energy, direction and positivity create a channel to great performance. At the end of the shift, take the time to review the shift, key numbers and thank the employee legitimately. Most of all keep cool, smile a ridiculous amount of time, coach relentlessly and be the party.

Maximize table turns. Speed is a friend year-round, and high season sales benefit most. Consider reducing the size of the menu and streamlining production with easier to prepare food items and batch cocktails. While the menu is analyzed, consider taking a small price increase on high moving items. Measure speed in separate buckets of time to place the drink order, delivery time of first drink, time to place the food order, ticket times to produce and drop food orders, and speed to close the ticket from ticket delivery and table reset. There is opportunity in every area along this sequence to be productive and maximize table turns, which will increase sales.

Stay socially active. Watch social media reviews, Respond to every post and get direct feedback frequently from the guest. Diligently measure guest satisfaction, it typically goes down when businesses are at their peak. Post pictures on social media platforms of a full restaurant daily, inviting the guest to join the party.

It’s an exciting time when seasonal businesses heat up. Create a party atmosphere every day for the crew and guest and enjoy additional profitability that can keep the party going year around.  For a more information on improving profitability and driving performance, 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.

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Get ServSafe certified today.

VISIT WHAEF.ORG for more info.

SERVSAFE ALLERGENS

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