GRA Weekly

October 13, 2022

This week's newsletter is brought to you by GRA Corporate Partner, Gas South.

UPCOMING REGIONAL ALLIANCE MEETING | RSVP TODAY

RESTAURANT LEGAL SUMMIT

Registration is open for the 6th Annual Restaurant Legal Summit, Wed., Oct. 26–Fri., Oct. 28, at the Westin Buckhead in Atlanta. Keynote addresses touch on recent developments, decisions, and enforcement priorities at the National Labor Relations Board (NLRB). Session topics cover artificial intelligence, food safety laws, employee relations, wage/hour regulations, labor policies, and ethics.

6th Annual Restaurant Legal Summit

Restaurant Law Center

October 26 - 28 | Westin Buckhead Atlanta

GRA ADVOCACY UPDATE

What You Missed: Georgia Senate Meeting on Food Delivery Apps - Second Meeting

On October 6, 2022 the Georgia Senate Study Committee on Third-Party Delivery Apps convened for their second of three meetings. Guest testimony from UberEats and DoorDash focused on the support their businesses give restaurants the important part they play in keeping restaurants open. In addition, testimony from the Department of Public Health (DPH) and Georgia Restaurant Association (GRA) focused on concerns regarding food safety and the unfair (sometimes predatory) business practices that directly impact restaurants. Read the full recap here. A full recording of the past two meetings can be found here.

FEDERAL UPDATES

More Independent Contractors May Become Employees - Proposed Labor Rule

Earlier this week, the U.S. Department of Labor issued a proposed rule focused on classifying more workers as employees rather than independent contractors. The rule would 1) rescind the current independent contractor rule and 2) utilize a new “economic realities” test to determine if a worker is truly an independent contractor. This test includes factors such as investment, control, opportunity for profit or loss, and whether the work is integral to the employer’s business.

The Department intends to identify more workers as employees, and therefore eligible for standard minimum wage, overtime, and other protections through the Fair Labor Standards Act. In the press release, the Department says misclassification affects a “wide range of workers in the home care, janitorial services, trucking, delivery, construction, personal services, and hospitality and restaurant industries.”

Comments on the proposed rule are due by November 28.

Association seeks input on Joint Employer rule change

In advance of submitting comments to the National Labor Relations Board next month, the Association is seeking perspective from owners and operators on the Board’s proposed change to the Joint Employer standard. Contact Association VP, Public Policy Aaron Frazier to share insights or for additional details.

What this means for restaurants: Changes to joint employer status could force franchisors and franchisees to bargain with a union representing jointly employed workers; subject them to joint liability for unfair labor practices committed by a franchisee; and subject them to labor picketing that would otherwise be unlawful, among other requirements.

Federal Reserve issues final debit card transaction rule

Monday, the Federal Reserve Board finalized a debit card regulation that requires debit card issuers to enable at least two unaffiliated networks to process debit card transactions—including “card not present (CNP)” or online payments. For more than a year, the Association advocated on this issue before the Federal Reserve and Congress.

What this means for restaurants: In a win for restaurants, the final rule injects more competition in the debit card transaction processing network, giving restaurants more payment processing options, which could help reduce swipe fees. Read more.

Restaurant Law Center files Business Interruption Insurance brief in Nevada Supreme Court

Joining forces with Bloomin’ Brands, Inc., and others, the Restaurant Law Center filed a brief in the Supreme Court of Nevada regarding the business interruption insurance (BII) case of Starr Surplus Lines Insurance, et al. v. JGB Vegas Retail Lesee, LLC. The RLC argues that a requirement of “physical loss or damage” in an insurance agreement does not require a “distinct and demonstrable physical alteration of the property” to claim coverage.

What this means for restaurants: Most often in BII cases, courts have ruled in favor of insurance providers and against businesses whose claims were denied. Should the Nevada Supreme Court agree with the RLC, its ruling would set a precedent that other courts across the country could follow and help provide restaurants with relief from damages due to COVID-19.

DEI AND ITS IMPACT ON CORPORATE ENVIRONMENTS

DEI And Its Impact On Corporate Environments

An Interview With Gas South’s DEI Manager Aisha DeBerry

Q: A focus on diversity, equity and inclusion (DEI) has created a significant buzzword over the last few years—what role does DEI play in the corporate world?

A: It’s been proven that engaging strategically and intentionally with DEI provides a return on investment (ROI) for companies. Studies show that if employees feel like they are important to the company, that they can speak freely and be themselves, then people will stay in the job longer and engage in activities that create a better workplace. Apart from generating ROI, a focus on DEI also creates a positive social impact and is just a good thing to do.

GRANT OPPORTUNITY

Tory Burch Foundation Fellows Program

The Tory Burch Foundation is looking for women entrepreneurs, from any industry, for the 2023 Fellows program. Applications are now open through November 3.

Fifty women entrepreneurs will receive yearlong digital education, access to an incredible community of founders and advisors, a $5,000 education grant, and access to no-interest loans.

Apply today.

SBA ADVOCACY ROUNDTABLE

SBA Advocacy Roundtable on NLRB's Proposed Rule on Joint Employer Standard

The Office of Advocacy will host a virtual roundtable to discuss the National Labor Relations Board’s (NLRB) proposed rule on the standard for determining joint-employer status under the National Labor Relations Act (NLRA). The roundtable will take place on Thursday, October 20, 2022, from 1-2:30PM. The purpose of the roundtable is to gather specific small entity input on the proposed rule. NLRB staff have been invited to provide a briefing of this proposed rule.

RSVPs should be sent to Janis.Reyes@sba.gov. Roundtable participation details will be provided upon receipt of RSVP.