GRA Weekly
December 8, 2022
This week's newsletter is brought to you by GRA Corporate Partner, Society Insurance.
HOLIDAY 'CHEERS' RESPONSIBLY
ServSafe Offers Tools, Training to Serve Up Holiday ‘Cheers’ Responsibly
ServSafe Alcohol certification and new ServItUp resource center help restaurant owners and operators provide responsible alcohol service this winter

Chicago - As the winter holidays approach and Americans prepare to gather with family and friends, ServSafe is encouraging all who plan to serve or celebrate with alcoholic beverages to do so responsibly. For restaurant operators, the Association offers ServSafe Alcohol® training and certification programs for their on- and off-premises operations, as well as training programs specific to third-party delivery operations. In addition, earlier this year, ServSafe launched ServItUp(Opens in a new window), an online portal with alcohol-related tips and resources for restaurant owners, operators, employees, and their guests. Read more.

E-VERIFY EMPLOYERS
Information for SSA Mismatches
Reminder: It is recommended that employees whose E-Verify SSA mismatch cases were referred between March 2 to December 31, 2020, visit their local SSA offices between October 1 to December 31, 2022, to resolve their mismatch.

Note: Timeframes are recommended. All employees must visit SSA to resolve their mismatch by the final deadline of September 29, 2023, or their case will receive a Final Non-confirmation (FNC).

POWER OUTAGES
What to do When the Power Goes Out in Your Restaurant or Bar
Restaurants and bars use five to seven times the energy of other commercial buildings; therefore, a power outage creates costly and harmful downtime. It is crucial to take preventive measures to properly prepare a business in the event there is a loss of power.

Tips to Overcome a Power Outage

Losing power in a restaurant or bar may create costly challenges for a business to overcome. Owner/operators can reduce the severity by taking preventive actions, potentially saving thousands of dollars in losses. Properly educating and training staff members on preventive measures is an important way to prepare a business. Read more.
AFFORDABLE HEALTH INSURANCE
Open enrollment is now through January 2023.
Don’t miss the chance to pass along this free service to your employees. Multilingual agents will help your employees find the right coverage, help them access any subsidies that are available to them, and sign them up right over the phone. This service is free for GRA members. Call 1-844-759-0642 or visit: Georgia Restaurant Association | Hospitality-Health.com to get started

SAVE ON ELECTRIC RATES!
The Time to Save on Electricity Costs is Today
The Georgia Restaurant Association fought hard for restaurants to have access to a rate that was previously only available to large, multi-unit chains. If you are a restaurant that uses Georgia Power, identifies as 722 in NAICS, and meet the actual peak demand requirement of not less than 30 kW, then you should reach out and ask about switching to the TOU-FD. We have heard testimonies from independent restaurants from across the state reporting an average savings of 10%-15% on their power bill.

You may contact Georgia Power’s Business Solutions Center directly at 1-888-655-5888. If you have any questions, you can contact us and we are happy to assist to the best of our ability or connect you with a trusted partner.

Background: Every 3 years, the Georgia Public Service Commission (PSC) holds hearings regarding the electricity rates suggested by Georgia Power. In 2019, the Georgia Restaurant Association (GRA) filed a rate case with the PSC against Georgia Power. There are over 80 different electricity rates. Restaurants and other medium businesses pay more for a unit of electricity than residential consumers and large manufacturers. Prior to 2020, large chains and franchises paid less for a unit of electricity than an independent restaurateur. The GRA successfully petitioned opened 3,000 slots for any restaurant filed as 722 of the NAICS to have access to the lower rate. The new rate is called Time of Use Food and Drink (TOU-FD).
GREEN LINE RATES
SUPPORT THE FUTURE
Did you know that you can generate donations while shopping, at no extra cost?
Simply start your shopping at smile.amazon.com/ch/85-0672071 to confirm "Georgia Restaurant Association Foundation" as your charity of choice, and AmazonSmile will donate a portion of your eligible purchase price to our organization.
GEORGIA DOR UPDATE
Georgia Department of Revenue | Sales & Use Tax Rates Effective January 1, 2023
The Georgia Department of Revenue has posted the upcoming quarterly sales and use tax rate changes.
  • Counties affected include: Columbia, Terrell
Please visit the Department’s website to view current, historical, and upcoming sales and use tax rate charts.
UBER EATS AND POSTMATES
Uber Eats and Postmates Refund Restaurants
Uber Eats and Postmates have agreed to refund $8.5 million to Chicago restaurants due to the companies not abiding by the city’s 15% delivery fee cap and listing of restaurants without their consent. In addition to the reimbursement to the affected restaurants, Uber Eats and Postmates must pay $1.5 million to the city for the cost of the investigations. In response to this, Ald. Scott Waguespack, Chairman of the City Council’s Finance Committee, vowed to reimpose the 15% fee cap. Read more.
FEDERAL UPDATES
Reminder: DOL Independent Contractor Rule- Comments Due December 13A friendly reminder that comments for DOL’s Independent Contractor Proposed Rule are due on Dec. 13. The proposed rule would rescind a prior Trump administration rule, which adopted an economic reality test focused on two core factors – control and profit. DOL proposes an economic realities test that requires a totality-of-the-circumstances analysis of multiple factors.

Under this proposed rule, the six economic reality factors are:
  1. The opportunity for profit or loss depending on managerial skill.
  2. The investments by the worker and the employer.
  3. The degree of permanence of the work relationship.
  4. The nature and degree of employer control.
  5. The extent to which the work performed is an integral part of the employer’s business.
  6. The worker’s use of skill and initiative.

Read and submit comments on the proposed rule in the Federal Register. For additional information or questions, you may also reach out to  Janis Reyes or call (202) 798-5798.

Congress, President pass bill, avert rail strike
President Biden signed into law last week legislation that prevents railway workers from striking mere days before the holiday season begins. In an unusual move, Congress became involved in this labor dispute after heeding warnings from countless trade groups that a strike would create massive disruptions to the country’s already stressed supply chain. Estimates indicated a strike would cost the economy $2B/day.
  • What this means for restaurants: Operators can rest a little easier knowing that additional supply chain disruptions will not be exacerbated by a railway strike that would have increased transportation and food costs and threatened food safety.

Association comments on proposed Joint Employer changes
In comments submitted to the National Labor Relations Board yesterday, the Association and Restaurant Law Center urged the Board not to rescind and replace the current standard for determining joint-employer status because changes to the regulation would destabilize labor-management relations and harm restaurant businesses across the country.
  • What this means for restaurants: For now, employers, including restaurants, must still comply with the Joint Employer standard, which was codified into law in 2020 and provides businesses with a clear standard that makes good business sense. The Board will review stakeholder comments before it issues a proposed final rule—a process that often takes months and sometimes years.

SBA offering hardship accommodation
Restaurants that received a COVID-19 Economic Injury Disaster Loan (EIDL) and are experiencing short-term financial challenges can qualify for the Small Business Administration’s Hardship Accommodation Plan. Eligible participants can make reduced payments for 6 months; interest on the loan, however, will continue to accrue.
  • What this means for restaurants: The SBA realizes that businesses are still recovering and facing economic hardships from the COVID-19 pandemic. The Association continues to advocate that the SBA implement a variety of measures to help struggling businesses.
ERTC
UPCOMING SERVSAFE CLASSES
UPCOMING WEBINARS + EVENTS
Employer Responsibilities
U.S. Citizenship and Immigration Services
Wednesday, December 14 | 2:00PM
HERE'S WHAT WE'RE READING