GRA Weekly

August 8, 2024

This week's newsletter is brought to you by GRA Corporate Partner, Fisher Phillips

COASTAL GEORGIA KITCHEN CABINET UPDATE - NEXT WEEK

Join Us in St. Simons Island!

Tuesday, August 13: 2:00PM - 4:00PM at Halyards Restaurant (55 Cinema Ln, St. Simons Island)

Through this alliance, we will bring together local restaurateurs to form a grassroots network to advocate for the issues important to you. At this event you will meet GRA's President + CEO, Stephanie Fischer, and our government affairs team and learn more about how the GRA can assist Coastal Georgia’s restaurants with the issues you face.

GOVERNOR KEMP RECOMMITS TO TORT REFORM

Governor Kemp Recommits to Tort Reform

Gov. Brian Kemp Wednesday pledged to continue pushing major tort reform legislation when the General Assembly convenes in January for the 2025 legislative session.

Kemp made his announcement at the annual Congressional Luncheon in Athens sponsored by the Georgia Chamber of Commerce, the same venue he used a year ago to promise that comprehensive tort reform would be a major priority during the 2024 session. Continue reading.

PULLMAN YARDS CHEFS MARKET LAUNCHES RESTAURANT RESIDENCY PROGRAM

Pullman Yards Chefs Market announced "Brick and Mortar", a new restaurant residency program, which will occupy the on-site restaurant space currently known as Dailies & Sides.

The new program will further the market’s vision by offering an incubator space for burgeoning chefs and culinary concepts, beginning with a first residency slated to debut on Saturday, August 10.

Residency selection will be determined by three evaluations, including: the vendor’s popularity among market visitors which will be assessed through an in-person voting system, their viability to act as a stand alone concept and their ability to execute. Concepts who are selected will open in the restaurant space for up to three months at a time – with doors open Wednesday through Sunday. Read more.

6 STEPS TO BECOME A "CONFIDENTLY HUMBLE" LEADER

6 Steps to Become a "Confidently Humble" Leader

As a leader, you can graciously "hold space" for those around you by practicing "radical curiosity," set explicit norms for diversity, equity and inclusion and ensure all voices are heard while teaching your team how to handle conflicts gently, writes Yasmin Davidds, the founder and CEO of the Latina Global Executive Leadership Institute at USC. "This practice embodies 'Confidently Humble' -- being confident in your ability as a corporate leader to create a safe space yet humble enough to recognize that this space is fragile and needs protection," Davidds concludes. Continue reading.

USCIS EXTENDS FORM I-9 EXPIRATION DATE

USCIS Extends Form I-9 Expiration Date

U.S. Citizenship and Immigration Services updated the Form I-9 to extend the expiration date to 05/31/2027.

Employers must use the Form I-9 with the edition date of 08/1/23, which may have an expiration date of either 07/31/2026 or 05/31/2027. Either form may be used until its respective expiration date. Downloads available on the Form I-9 download page will only include the new 05/31/2027 expiration date. Read more.

TOP 5 QUESTIONS FOR EMPLOYERS THAT TAKE A TIP CREDIT

Can Restaurant Hosts Share In The Tip Pool?

Many restaurants utilize tip pools to encourage teamwork, consistency, and customer-focused service – but you may be confused about who can and can’t participate in the pool. You feel confident that your servers and bartenders can share their gratuities with each other, though you’re not sure whether your hosts are considered “tipped employees” under the applicable federal and state laws. Why is this significant? First, employers must follow stringent rules if they take a so-called “tip credit” and pay tipped workers less than the standard minimum wage. Second, recent rules from the Department of Labor (DOL) have caused more challenges for hospitality businesses utilizing the tip-credit method of wage payments. So, what are the legal considerations for hosts? Here are the top five questions you should consider - keep reading.

HEALTH CARE HQ WEBINAR

Exploring Employee Wellness Benefits: A Member Exclusive Webinar

When: Tuesday, August 27 at 2:00PM

Join the team at The National Restaurant Association for a member-exclusive webinar! Unlock the potential of our Health and Wellness Portfolio by discussing benefits available to our members, including:

Exclusive offerings for employer-sponsored insurance through UnitedHealthcare
Complimentary access to HealthMarkets for personalized plan sourcing
Advantages of Optum Perks
A cost-effective bundle from Teladoc

FEDERAL UPDATE

NLRB Drops Joint Employer Appeal

What Happened: The National Labor Relations Board (NLRB) has officially dismissed its appeal of the Eastern District of Texas decision vacating the 2023 Joint Employer Rule. The 2020 Final Rule, which requires direct and immediate control to establish a joint employer relationship, remains in effect.

Why it Matters: The NLRB's decision to drop its appeal is a significant win for the Restaurant Law Center (RLC), a leading co-plaintiff in the legal challenge against the 2023 Rule, and the industry as a whole.

The RLC-supported 2020 Rule provides clear guidance for employers.
We remain vigilant against future attempts by the NLRB and the Administration to expand joint employer liability.
Go Deeper: For more information, please see the attached press release.

New Federal Overtime Standards Take Effect

The U.S. Department of Labor has updated regulations to extend overtime pay eligibility to salaried restaurant employees earning up to $43,888 annually, a change expected to affect about 1M additional workers across various industries, with further increases in the threshold planned. A business coalition that includes the National Restaurant Association’s legal arm and the Texas Restaurant Association had filed a lawsuit in a U.S. District Court to halt adoption of the new overtime standard. Learn more.

OSHA Proposes New Heat Illness Prevention Rule

The Occupational Safety and Health Administration (OSHA) issued a proposed rule outlining steps employers would be required to take to protect indoor and outdoor workers from the risk of heat illness.

This rule applies to all employers conducting outdoor and indoor work, with limited exceptions.
Public comments are due 120 days after it is posted in the Federal Register.

Overview of the Proposed Rule: The National Restaurant Association (NRA) is analyzing the rule. Employer requirements include:

Heat Injury and Illness Prevention Plan (HIIPP): Develop and implement a plan with site-specific information to evaluate and control heat hazards.
Initial Heat Trigger Control Measures (80°F heat index): Provide cool drinking water, break areas with cooling measures, indoor work area controls, acclimatization protocols for new and returning employees, paid rest breaks if needed, and regular effective communication.
High Heat Trigger Control Measures (90°F heat index): Mandatory rest breaks of 15 minutes every two hours, observation for signs and symptoms of heat-related illness, a hazard alert, and warning signs at indoor work areas with ambient temperatures that regularly exceed 120°F.
Emergency Response Plan: Develop a heat emergency response plan and take steps if an employee is experiencing signs of heat-related illness.
Training Requirements: Provide initial and annual refresher training for supervisors, heat safety coordinators, and employees.
Recordkeeping Obligations: Maintain records of indoor monitoring data for at least six months.
Cost-Free Implementation: Ensure all requirements are implemented at no cost to employees.

Next Steps:

Review the Proposed Rule: Assess its potential impact on your operations.
Provide Feedback: Because this is the first-ever nationwide heat standard, it's essential for the restaurant industry to weigh in. Please share your insights and concerns with the Association as we draft comments to submit to OSHA. Additionally, we encourage operators to submit comments once the rule is published in the Federal Register.

For More Information:

RESTAURANT LEGAL SUMMIT

8th Annual Restaurant Legal Summit

Join the Restaurant Law Center this October 23-25 for the 8th Annual Restaurant Legal Summit in San Juan, Puerto Rico! Learn and connect with other industry chief legal officers, attorneys, and human resource professionals. In addition to meeting senior representatives from some of the industry’s most successful brands, attendees get access to the latest information on current trends and best practices from legal experts at some of the nation’s top law firms.

QSR EVOLUTION CONFERENCE & NEXTGEN RESTAURANT SUMMIT

QSR Evolution Conference & NextGen Restaurant Summit

The QSR Evolution Conference will focus on the needs of quick-service restaurant operators where industry leaders will hear and share perspectives on running QSRs of the future. Educational sessions focus on growth and franchising, leadership, technology, digital marketing trends, company culture, drive-thru and the changing consumer.

The NextGen Restaurant Summit is geared toward nextgen and emerging full-service brand operators. Topics covered during educational sessions cover unique restaurant experiences of the future, F&B innovation, technology, restaurant design, menu engineering and labor and employment.

When: September 4-5, 2024

Where: Atlanta Marriott Marquis

Keynote presentations will be provided by:

Burger King
Firehouse Subs
GoTo Foods
Inspire Brands
KFC
Popeyes
Tim Hortons
...and more!

As a partner of the event, we secured a discount for GRA members to attend. Use code GRA10 at checkout to save 10% on your full conference pass which will grant you access to all sessions and included receptions of the event.