Weekly Update: Paid Leave Legislation

Weekly Update: Paid Leave Legislation https://wahospitality.org/wp-content/uploads/2016/10/WashingtonHospitalityWeekly_WebsiteImage2016.jpg

Paid Leave Legislation: Video Update

After many months of thoughtful strategic planning by Democrats, Republicans, businesses and labor, we believe the Legislature will act on paid family leave before the end of the legislative session. To inform our members, we provided a webinar that goes over the program in more detail. For further details on the paid leave legislation, see this exclusive Washington Hospitality video. And Tacoma members, remember that your city’s bag ban goes into effect on July 12. Our video also details this topic.

 

Budget Will Likely Be Approved Before Deadline

The Washington State Legislature is racing against the clock to pass a new 43.7 billion two year spending plan that contains a monumental shift in school funding in response to the State Supreme Court’s McCleary decision. The budget was released yesterday evening. The Legislature must pass it and have it signed into law by Gov. Jay Inslee by midnight tonight to avoid a partial government shutdown. We will keep you posted on any new developments. For more information, contact Stephanie McManus.

Expect to Hear News on Tip Pool Lawsuit by Early Fall

On January 19, the National Restaurant Association submitted a petition to the U.S. Supreme Court challenging the Department of Labor’s prohibition on including back-of-the-house employees in employer-mandated tip pools. We do not yet know when, or even if, the Supreme Court will take up review. Learn more about the tip pool legal challenge and alternatives to tipping on our resource page here. For more specific questions, members are encouraged to consult with their own legal counsel. The Washington Hospitality Advisory Network can also connect members to a free, 30-minute consultation with an attorney. Read more…

 

Department of Labor Withdraws Obama-era Guidance on Joint Employer Status

On June 7, U.S. Labor Secretary Alexander Acosta announced that his department was withdrawing the Obama Administration’s informal guidance on joint employment. “The rollback is a step in the right direction,” said Shannon Meade, the National Restaurant Association’s director of labor and workforce policy. In a statement issued by AH&LA, Brian Crawford, VP of government affairs for AH&LA, said “with three out of every five lodging businesses considered small businesses and so many flourishing under the franchise model, it is critical that these employers have clarity and certainty as to who they employ and for whom they are liable under the law.” Read more…

 

FDA extends menu-labeling comment period for 30 days

The Food and Drug Administration is granting a 30-day extension from its former July 3 deadline to submit menu-labeling comments to the agency. The new deadline is in early August. We will continue to work with all of you as the rulemaking process moves forward, to ensure our industry’s comments are heard. For more information, contact Cicely Simpson.

 

Reminder: Two Days Until Seattle Secure Scheduling Takes Effect

Seattle’s Secure Scheduling Ordinance starts July 1. Learn the new requirements of the law and prepare your business at our Secure Scheduling Ordinance Toolkit. For more information, contact Jillian Henze.

 

Do You Have an Apprentice? If You Do, You are Subject to Minimum Wage and Overtime Laws.

If you are running a European-style “stagaires” apprenticeship program, you should know that absent a registered apprenticeship program, your stages are employees subject to the same minimum wage and overtime laws as everyone else in your kitchen.  “Internships” are equally sticky and come with very specific requirements if they are unpaid. According to the Fair Labor Standards Act (FLSA), you must pay an intern unless:

  1. The internship, even though it includes actual operation of the facilities of the employer, is similar to training which would be given in an educational environment;
  2. The internship experience is for the benefit of the intern;
  3. The intern does not displace regular employees, but works under close supervision of existing staff;
  4. The employer that provides the training derives no immediate advantage from the activities of the intern, and on occasion its operations may actually be impeded;
  5. The intern is not necessarily entitled to a job at the conclusion of the internship;
  6. The employer and the intern understand that the intern is not entitled to wages for the time spent in the internship.

Be aware that the Department of Labor deems the stagaires as illegal and is enforcing minimum wage and overtime laws at high-end restaurants. One of our members with a European-style apprenticeship program has learned about the law the hard way, with more than $100,000 in fines. We urge you to be careful and make sure you know the law. For more information on restaurant apprenticeships, click here, and for hotel apprenticeships, click here.

 

Churchill’s Steakhouse Wins Distinguished Restaurant Award

The Distinguished Restaurant of North America (DiRōNA) Award, one of the most prestigious awards for fine dining is proud to announce that Churchill ’s Steakhouse of Spokane, Washington has just received the DiRōNA Achievement of Distinction. “DiRōNA is excited to announce our first Awarded restaurant in Spokane” said Scott Breard, DiRōNA Executive Director. “Churchill’s provides an elegant setting for what is truly an exceptional dining experience. The Alles family have generations of experience as meat tradesmen which provides proprietor Bill Alles with the knowledge and expertise to offer his patrons the finest steak house. A warm atmosphere with an exciting menu and wine list create the perfect combination at Churchill’s” Read more…

 

EVENTS

Food Law Seminar, July 27-28

An exceptional group of speakers will put you in the driver’s seat for navigating the legal and regulatory framework to which all food and beverage businesses operating in the United States must adhere. From federal, state and local permitting to building brands and protecting products in compliance with FDA standards, you’ll get in-depth, timely information. This program, July 27-28 at Seattle’s Washington State Convention Center, qualifies for 10.50 Washington CLE credits. Upon request, we will apply for, or help you apply for, CLE credits in other states and other types of credits. Register here or 206.567.4490. Can’t physically attend? The seminar’s webcast option is the next best thing to being there. And, it qualifies for live credits in most states.

 

ASSOCIATION EXCLUSIVES

Northwest Agriculture Business Center and Smith & Greene on DineNW Radio Show – Listen Online!

Don’t miss this week’s DineNW radio show, now online. Andy Cook and Paul Schlienz kick off the show with an interview with David Bauermeister, executive director of Northwest Agriculture Business Center. Ross Boylan then joins Paul to chat with Chris McKenty, sales development manager at Smith & Greene.

 

Eye on Hospitality: Felons Find Second Chances in Hospitality Industry

They’ve paid their debt to society. Now that they’re out of prison, many formerly incarcerated felons face great difficulties in finding the employment they need to build the kind of stable lives that make it less likely they will fall back into bad habits and bad associations and re-offend. Fortunately, the hospitality industry is increasingly finding that ex-convicts can be motivated employees with much to offer. Read more…

 

INDUSTRY ROUNDUP

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