GRA Weekly

September 19, 2021

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VACCINE REQUIREMENT

Updates on Biden's COVID-19 Action Plan's Vaccine Requirement

Last week, President Biden announced a new COVID-19 Action Plan to help curb the recent spike in COVID-19 infections. This plan directs the U.S. Department of Labor's (DOL) Occupational Safety and Health Administration (OSHA) to issue an Emergency Temporary Standard (ETS) that will require all private sector employers with 100 or more employees to ensure their employees are vaccinated against COVID-19 or tested weekly. The ETS will also require covered employers to provide employees a reasonable amount of paid time off (or use existing paid time off) to get vaccinated and recover from any side effects associated with the vaccine.

This rule is NOT yet in effect, and you do not have to make any changes to operations at this time unless you want to get ahead of the ETS rule.

Here is what we have learned from DOL/OSHA so far about how this will affect restaurants:

Timing: The ETS will be issued “expeditiously” in the coming weeks. We will update you as the timing is clarified.
Public input: No opportunity for public input or listening sessions prior to ETS issuance.
Process: When the ETS is published in the federal register, it will become effective immediately in states, including Georgia, where OSHA has direct jurisdiction. (NOTE: There are 22 states with State OSHA plans and they will have 30 days to implement the federal ETS or something equal to it.) After publication, stakeholders will have an opportunity to comment (likely 60 days as this was the case with the existing ETS on the healthcare industry) and shape the final rule/permanent standard that will replace the ETS. OSHA intends to issue the final rule six months after the issuance of the ETS.
Applicability: The 100+ employee threshold is to be counted per company, not per worksite.
Remote employees: If your company employs any remote workers, the ETS will not apply to them as they are physically isolated from co-workers. The rule only applies to workers who work onsite.
Accommodations: Appropriate accommodations will be provided for those workers that are unable to get vaccinated due to underlying health issues and/or religious reasons.
Procedures for handling employees who refuse to get vaccinated or tested, i.e., ability to fire the employee: Officials said this was outside the scope of the ETS and it would not address employer disciplinary activities. Officials were silent on liability protections. That being said, we will be coordinating with the attorneys in our legal resource center to ensure you have the best guidance to implement this new rule once it is in effect.

Learn More.

We know that there are still many open questions as to how restaurants will implement this rule, who will pay for testing, and other relevant issues. We will be working closely with our partners at the National Restaurant Association to provide you with more information prior to the rule taking effect. If you have any questions in the meantime, please email us at info@garestaurants.org.

EXPANDED EIDL PROGRAM

Learn More About Expanded EIDL Program

The expanded COVID-19 Economic Injury Disaster Loan (EIDL) program has improvements and flexibilities that allow you to borrow more, defer payments (although interest does continue to accrue), and apply loan proceeds to more expenses, including to pay off commercial debt that has a higher interest rate. Members who are interested in learning more about the program can access this two-page EIDL fact sheet and listen to a webinar recording, both from the National Restaurant Association.

GRA FOUNDATION GOLF TOURNAMENT

Join us on October 25th at The Standard Club for the 1st Annual GRA Foundation Golf Tournament. Have fun, network and perfect your chip shot as we take to the golf course to raise funds for the GRA Foundation, the only 501(c)3 non-profit foodservice foundation dedicated to investing in our youth and workforce in Georgia. Your participation will help support ProStart® and enrichment opportunities like mentorships, job-training, training for teachers, and scholarships. Learn More.

Monday, October 25, 2021

The Standard Club

IMPORTANT STATE UPDATES

Georgia Department of Revenue: New Instructions for the Issuance of Alcohol and Tobacco Licenses

Effective with the 2022 renewal season and beginning September 1, 2021, the Department of Revenue will no longer issue and print alcohol or tobacco licenses on color bonded certificate paper containing a watermark. Additionally, the Department will not provide a license pick-up service or mail licenses to licensees. All alcohol and tobacco licenses will be available for viewing through the Georgia Tax Center (GTC) and must be printed by the licensee. Learn how to print an alcohol or tobacco license.

NATIONAL FOOD SAFETY MONTH

National Food Safety Month | Week 4

The way restaurants are cleaned and kept safe hasn’t changed, but it’s become more important that your guests know that you know, and that their safety will be held to the highest standard. According to a study from QSR Magazine, consumers plan to spend twice as much per month with restaurants that meet cleanliness standards. For National Food Safety Month 2021, the GRA, the National Restaurant Association, and ServSafe will focus on Cleaning and Sanitizing with their theme Know Safe & Show Safe. Follow along on social with #NFSM2021 or visit www.FoodSafetyFocus.com for access to free educational content all month long. Enjoy a 20% discount on ServSafe products all month long using code ServSafe20.

GRA EXCLUSIVE WEBINAR

GRA Exclusive Webinar: Consumer Insights for a Post-COVID World

Please join us Thursday, September 23rd at 2:00PM, for a GRA Exclusive Webinar: Consumer Insights for a Post-COVID World, presented by Lisa Pinkston, Director of Customer Growth, The Coca-Cola Company. Dial-in or watch live via Zoom for a conversation about consumer behaviors and expectations in the restaurant industry and the evolution of value in our new reality.

Thursday, September 23rd | 2:00PM - 3:00PM

GUEST CHARGEBACKS

How to Handle a Chargeback as a Restaurateur

As a restaurant owner or operator of the latest and greatest restaurant in the neighborhood, a credit card chargeback is the last thing you want to see days or weeks after a guest transaction is complete. Understanding what a chargeback is and how to handle them is important to the success of your business—both now and into the future.

Understanding chargebacks. Chargebacks take place when a guest disputes an inaccurate charge on their credit card and their financial institution reverses a payment. Credit card processor fees for chargebacks are expensive for restaurants, and they can have a significant effect on your bottom line and guest retention. Read More.

NEW ACCOUNTING LEASE STANDARD

Implementing the New Accounting Lease Standard: What Restaurants Need to Know

The COVID-19 pandemic has significantly impacted restaurants due to mandatory restaurant closures, capacity limitations, social distancing guidelines and other restrictions mandated by federal, state and local governments. While the uncertainty of the virus’ ongoing impact remains, and as restaurants begin navigating the “new normal,” another hurdle is approaching. The latest challenge is related to lease accounting, specifically for those restaurants required to present financial statements in accordance with generally accepted accounting principles (GAAP). To assist with implementing these changes and maintaining compliance, we are providing details on what restaurants need to know. Read More.

FEDERAL UPDATES

Industry Concerns Linger with Budget Reconciliation Bill Process

House democrats continue to work on a reconciliation bill of their longstanding priorities and are currently in the process of marking up the bill in various committees. Ongoing negotiations between members of the democratic caucus and both chambers mean the markups will likely undergo substantial change before the full bill makes it to the House floor. Although the content is still very much in question, we are concerned that the bill does not currently include money to replenish the Restaurant Revitalization Fund (RRF) and has provisions that would increase taxes on large and small businesses as well as levy new fines on businesses for perceived labor violations. The National Restaurant Association advocacy staff continues to advance industry priorities, including the inclusion of RRF replenishment in the legislation, but there is a concerted effort in Congress to keep the reconciliation bill free from COVID-19-related matters.

Tell Congress to Replenish the RRF.