GRA Weekly
November 21, 2021
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ETS Vaccine Mandate Status Update
Multiple legal challenges have been filed in Federal Circuit Court (FCC) against the federal vaccine mandate for employers with more than 100 employees. As a result, a lottery was held to determine which Circuit Court would hear the argument. Yesterday afternoon, the 6th Federal Circuit Court of Appeals was announced as the winner of the lottery. The 6th Circuit is located in Ohio, and is made up of 11 Republican and 5 Democratic-appointed judges. It is expected that all pending cases will be quickly consolidated in the coming days and the court will issue a nationwide permanent injunction blocking OSHA from implementing the Emergency Temporary Standard (ETS) for now. This is not a guarantee that the ETS will be struck down or upheld, it is simply the next step in the legal process.
Until the 6th Federal Circuit Court issues a ruling, the operations of your business will remain status quo in regards to vaccination and testing of employees. The IRA continues to encourage impacted employers to strategize on how to implement a potential mandate, but not commit significant resources until after a 6th Circuit ruling. As additional information becomes available, we will keep you updated.
Click here for a breakdown of the current ETS from the National Restaurant Association.
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Coronavirus Restaurant Impact Survey - November 2021
The National Restaurant Association is collecting information on the economic impact of the Coronavirus (COVID-19) outbreak. Please be assured that all information provided is anonymous and strictly confidential. The survey should take no more than 15 minutes to complete. Please submit a completed survey by December 1. Take the Survey.
**BONUS** For everyone that submits a survey, please email us a screenshot of your survey confirmation submission page to info@garestaurants.org and you will be entered into a drawing to win a $500 Visa Gift Card. Entries must be received by December 1, 2021 11:59PM ET.
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Restaurants urge IRS to Speed ERTC Payments, Defer Q4 Taxes
On November 16, 2021, President Biden signed the bipartisan Infrastructure Investment and Jobs Act into law. The legislation terminates the COVID-19 employee retention tax credit (ERTC) for the fourth calendar quarter of 2021 in order to raise $8 billion to partially offset federal infrastructure spending. Previous ERTC eligibility or payments, either for 2020 or any of the prior three calendar quarters for 2021, should not be affected.
In a letter released last Monday, the National Restaurant Association urged the IRS and Department of Treasury to adopt three ERTC objectives to help restaurants:
- Speed all ERTC payments, including 2020 and the three previous calendar quarters of 2021, to ensure eligible businesses receive ERTC funds by the end of 2021.
- Allow small businesses to defer their fourth quarter federal income tax payments due on January 15, 2022, until July 15, 2022.
- Safeguard all deferred fourth quarter federal income tax payments from any penalties or interest.
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City of Atlanta Requires CPA Statement for Alcohol License Renewal Update
Councilman Antonio Brown has dropped legislation asking for the delay of the CPA Statement requirement for Alcohol License renewal until the 2023 renewal period. The legislation should be heard on Monday, November 29 at 2:00PM in Public Safety and Legal Administration Meeting. We strongly encourage you leave public comment about how this impacts you by calling (404) 902-5066 Conference ID 151945 between 4:00PM and 7:00PM on Sunday, November 28. Read more about this issue & what actions you can take here.
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Georgia Redistricting Update
The Georgia General Assembly has passed new district lines for State Senate and House districts. This will become important as these elected officials establish the State's Budget and legislative priorities once elected. The new Congressional District Map has passed out of the Senate and is expected to be voted in the House on Monday. You can review all maps below:
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US Dept. of Labor Tip Rule Goes Into Effect Dec. 28
The US Department of Labor's new Dual Jobs final tip rule goes into effect December 28, 2021, and changes tip regulations under the federal Fair Labor Standards Act (FLSA). Employers will be required to closely monitor tipped employees’ work in three categories: time spent on tasks that produce tips, time spent on tasks directly supporting tip-producing work, and time spent on tasks that are not part of the tipped occupation.
Under the final rule, an employer can take a tip credit only when the worker is performing tip-producing work or when:
- A tipped employee performs work that directly supports tip-producing work for less than 20% of the hours worked during the employee’s workweek. Therefore, an employer cannot take a tip credit for any of the time that exceeds 20% of the workweek. Time for which an employer does not take a tip credit is excluded in calculating the 20% tolerance.
- A tipped employee performs directly supporting work for not more than 30 minutes. Therefore, an employer cannot take a tip credit for any of the time that exceeds 30 minutes.
We will be updating our resources and providing more details soon to help keep you informed and in compliance.
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What's Hot 2022 Culinary Forecast
Last week, the National Restaurant Association released the What’s Hot 2022 Culinary Forecast. The report returns to its pre-pandemic glory, and takes a look at next year’s hottest food, beverage and off-menu trends.
There were plenty of new trends topping the list this year: foods that are believed to boost the immune system; alternative sweeteners; globally inspired salads, even upscale potato chips in unexpected flavors. But the list wouldn’t be complete without trends we expected to be perennial favorites, like off-premises packaging.
The Association partnered with the professional chefs of the American Culinary Federation, inviting them to review and rank—as Hot, Not Hot and Perennial Favorite—more than 100 food items and culinary concepts identified by the Association and Technomic’s Menu Research & Insights Division.
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National Restaurant Association Statement on the House Passage of the Build Back Better Act
Washington, D.C. (Nov. 19, 2021) – The National Restaurant Association released the following statement from Sean Kennedy, executive vice president of Public Affairs, in response to the U.S. House of Representatives passing the Build Back Better Act:
“We are disappointed that the House passed the Build Back Better Act without including the Restaurant Revitalization Fund Replenishment Act. The last few months have been a stark reminder that restaurants are still on a pandemic rollercoaster. The loss of consumer confidence because of the delta variant, combined with rising food prices, supply chain shortages, and higher workforce pay created a perfect storm that wiped out our rebuilding momentum. Passing this bill without including RRF replenishment leaves thousands of small business restaurants teetering on the brink of closure.
“We are also concerned with several elements included in the final bill. At the beginning of the year, we specifically asked Congress to not pass any legislation that would harm restaurants as they rebuild. However, this bill newly applies the net investment income tax (NIIT) to active business income for pass-through businesses—which includes many small business restaurants. The last thing that restaurants and other small businesses across the nation need at this time is to be saddled with an additional $252 billion in new taxes.
“On top of that, the bill throws out 85 years of established business and labor law by imposing new and enhanced fines and personal liability for directors and officers. If this change stands, a business that made inadvertent or technical errors could face fines high enough to put them into bankruptcy. Workers deserve protections in the workplace and bad actors who violate labor law should be held accountable. But this change is essentially using a bludgeon to intimidate and punish businesses that make inadvertent errors or who believe they are acting within their legal rights and in accordance with labor law.
“We hope the Senate will address these concerns as the legislation moves forward. The final bill does include some provisions we recognize will help address workforce concerns across the economy including free universal Pre-K and expanded childcare subsidies. We are also pleased that the House recognized the value of apprenticeship programs like the National Restaurant Association Educational Foundations’ Hospitality Sector Registered Apprenticeship, Restaurant Youth Registered Apprenticeship, and their apprenticeship opportunities for military personnel. The increased funding for programs like these will provide opportunity and training for people ready to advance their careers.”
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