GRA Weekly

December 19, 2021

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FEDERAL VACCINE MANDATE REINSTATED FOR NOW

Vaccine Mandate Reinstated for Employers with 100+ Employees

On Friday (12/17) night, the 6th Circuit U.S. Court of Appeals issued a ruling dissolving the Stay for the OSHA Emergency Temporary Standard (ETS). This action effectively reinstates the vaccine mandate for employers with 100 or more employees.

In the majority opinion from the divided three-judge panel, Judge Stranch stated “Despite access to vaccine and better testing, however, the virus rages on, mutating into different variants, and posing new risks.”

We expect Republican state attorneys general and various business groups will appeal to the Supreme Court where this issue will ultimately be decided. In the interim, the Association continues to be in contact with the Department of Labor, and we have requested a delay of the ETS implementation / compliance timeline.

Watch on-demand, “OSHA Vaccine Emergency Temporary Standard (ETS): What Does it Mean for Restaurants?” to learn more about the ETS.

Restaurant Law Center Official Statement

OSHA has just spoken regarding its enforcement intentions. It has pushed both initial ETS effective dates out 5 weeks, so instead of Dec. 6 and Jan. 4, covered employers will have until Jan. 10 and Feb. 9. Here it is in full from their website:

“OSHA is gratified the U.S. Court of Appeals for the Sixth Circuit dissolved the Fifth Circuit’s stay of the Vaccination and Testing Emergency Temporary Standard. OSHA can now once again implement this vital workplace health standard, which will protect the health of workers by mitigating the spread of the unprecedented virus in the workplace.

To account for any uncertainty created by the stay, OSHA is exercising enforcement discretion with respect to the compliance dates of the ETS. To provide employers with sufficient time to come into compliance, OSHA will not issue citations for noncompliance with any requirements of the ETS before January 10 and will not issue citations for noncompliance with the standard’s testing requirements before February 9, so long as an employer is exercising reasonable, good faith efforts to come into compliance with the standard. OSHA will work closely with the regulated community to provide compliance assistance.”

INTUIT QUICKBOOKS RESTAURANT RELIEF | APPLY TODAY!

Restaurants Can Now Apply for the QuickBooks Restaurant Relief Grant

Georgia restaurants can apply for the QuickBooks Restaurant Relief Grant Click Here to apply!.

Launching December 8 thru January 7, restaurants with an annual net revenue of less than $250,000 can apply for a $5,000 grant to cover payroll and operating expenses to help employ and retain staff. The goal of the program is to help the small restaurants most impacted by COVID-19 hire employees and grow.

FOR MORE INFORMATION

For more information about the program, qualifications/requirements and evaluation process, please click HERE for more information.

80/20 TIP CREDIT RULE

U.S DOL 80/20 Tip Credit Rule

The countdown continues until the U.S. Department of Labor's 80/20 tip rule goes into effect December 28th. Read up on how to prepare:

HR Dive: DOL 80/20 tip rule takes effect Dec. 28
Littler: DOL Publishes Final Rule to Resurrect 80/20 Rule for Tipped Employees
McMahon Berger: The Tip-Credit Conundrum: How the DOL's Proposed Tip-Credit Amendments Will Pose Challenges for Employers

The Restaurant Law Center and the Texas Restaurant Association File Lawsuit Against Biden Administration’s Tip Credit Regulation

Lawsuit follows 80/20 Tip Credit Rule Change Set to Take Effect at the End of the Month

Washington, D.C. – The Restaurant Law Center (Law Center) and the Texas Restaurant Association (TRA) filed a lawsuit against the Biden Administration stating that its new “Dual Jobs” tip credit regulation is really a new statute in disguise that directly conflicts with the plain language of the law. Furthermore, if allowed to stand, it would severely impair small and local restaurant owners’ ability to operate their businesses. The lawsuit seeks to have the new regulation enjoined and then vacated by the Court because it is arbitrary, capricious, and contrary to the Fair Labor Standards Act. Full press release.

FEDERAL UPDATES

Senate Working Group Focusing on Replenishing RRF

Since the Restaurant Revitalization Fund (RRF) was quickly depleted last spring, the Association has advocated for replenishing it, working closely with a group of senators led by Small Business Committee Chair Ben Cardin (D-MD) and Commerce Committee Ranking Member Roger Wicker (R-MS). While the Build Back Better Act is the focus of Senate leadership, the working group is making substantial progress on forging an agreement on a COVID-19 relief package, with RRF as the centerpiece, that could potentially pass in 2022.

REMINDER: COVID-19 EIDL Deadline Dec. 31

The deadline to apply for COVID-19 Economic Injury Disaster Loan funds is Dec. 31. Restaurants can apply for up to $2M with greater flexibility on how the funds can be used. The Small Business Administration recently shared updated guidance with more on program deadlines and application details.

90 Second Advocacy Update with Sean Kennedy

IMPORTANT RRF DEADLINES

RRF Deadlines You Should Know

Did your business receive a Restaurant Revitalization Fund (RRF) grant this year? Be mindful of these important deadlines from the U.S. Small Business Administration (SBA):

Using Your Funds: Remember that all RRF recipients have until March 11, 2023, to use their award funds. For a recap on permissible uses for your RRF grant funds, plus more helpful FAQs from the Aprio team, click here.
Reporting Your Funds: No later than December 31, 2021, all RRF recipients are required to report their fund usage and activity against each eligible use category via the RRF application portal.
For additional information on how to report your RRF award usage, please visit the SBA site here.

Source: GRA Allied Member, Aprio

IN MEMORY

Whitemarsh Island restaurant owner, 'fierce friend' Frank Ouzts remembered for his generosity

Savannah Morning News - Anyone who knew Frank Ouzts realized that he was much more than the proprietor of Papa’s BBQ & Seafood Restaurant on Whitemarsh Island. Not only was Ouzts a successful businessman, he was a fierce friend who believed in giving back to his beloved community in a quiet, unassuming way.

“He was someone who did the right thing at the right time and with all his heart,” said Judy Ouzts, his wife of nearly 35 years. “He was loyal to a fault. He was a great husband, life partner and business partner.”

Tragically, Ouzts, who was 72, died Sunday when he lost control of his motorcycle on U.S. Highway 80 not far from the restaurant. Read more.

UPCOMING SERVSAFE CLASSES

ERTC FAQ'S

Q: Is it true that the recently approved Infrastructure Bill makes Q3-2021 the last ERTC eligibility period for most companies?

A: Yes, with the passing of the bill, Q3 2021 will be the last period moving forward that a company may claim the ERTC.

Q: Does this mean my business can no longer claim this credit?

A: Not at all, in fact you still have 3 years (the statute of limitations for amending returns) to claim for 2020, and Q1, Q2 & Q3 of 2021.

Q: Great, so I have three years to file?

A: As of today, yes, but we would recommend filing all CV-ERC refund claims ASAP to avoid any further negative program changes that could be included in upcoming legislation.

For all GRA members, NetTax will provide a Phase 1 Benefit Analysis to determine your eligibility cost free. To see if you qualify, please click here and fill out the confidential survey to get started on the eligibility process. NetTax believes in transparency, feel free to review the service agreement (no retainer fees, no hourly rates, and if you do not qualify for any tax credits, there's no fee at all).