DHS considering supplemental H-2B seasonal guest-worker visas
The Department of Homeland Security is “taking a very close look” at whether to issue supplemental H-2B seasonal guest-worker visas for the coming summer months. H-2B visas are reserved for seasonal jobs outside of the agriculture industry, such as landscaping, resorts, and seafood processing, with demand highest in the spring and summer season. A recent Cato Institute REPORT entitled, “H-2B Visas: The Complex Process for Nonagricultural Employers to Hire Guest Workers,” correctly concludes that the program is overly complex and burdensome and should be streamlined and reformed to benefit both employers and guest workers alike. The American Hotel & Lodging Association is part of the H-2B workforce coalition whose focus is on three strategic areas right now:
Read the coalition's letter to Secretary Mayorkas on supplemental visas. ORLA recently posted a press release on workforce shortages in the hospitality industry, "Oregon hospitality positions are coming back online but where are the workers?" Oregon Employment Department data shows approximately 136,000 Oregonians are actively looking for work. Even so, hospitality operators are having great difficulty finding applicants who follow through and take open positions within restaurant and lodging establishments in regions across the state. We reached out to the Oregon Employment Department for additional insights on what resources are available to assist our industry in addressing this challenge. The following is their response: The Employment Department is committed to helping unemployed workers, with benefits and with finding new jobs and careers, and equally committed to helping businesses find qualified employees, all around the state. We know that business are struggling, and that there are still many struggles facing employers, and workers, financially and in terms of keeping themselves and others safe while the pandemic, although on a much better path now, still continues. Some of the steps that job seekers can take to find a job include:
We recommend that employers post job listings on www.iMatchSkills.org, which will prompt our staff to follow up with the employer or to directly post the job listing (after employer validation) depending on the employer’s entry responses. For employers with at least minimum recruitment sizes, we are providing additional support, such as Virtual Hiring Events (when at least 1-2 employers have multiple openings) and Drive Thru Events with COVID-19 safety precautions in place (when 6-10 employers have multiple openings). Employers interested in these business services should contact Adalberto Rubio. If employers are having work offers turned down without a COVID-19 related reason, let us know. People can continue receive benefits if they turn down an offer of work because of a COVID-19 related reason (listed below), but if the work is suitable for them and they do not have ‘good cause’ for refusing it, they are not eligible for benefits. We want employers to tell us when that happens so we can follow up and ensure benefits are going to those who meet eligibility requirements, including accepting offers of suitable work. Someone may have a COVID-19 related reason if they are:
It may also be useful to remind your members that Work Share can be used to recall workers part time, and the recent federal legislation extended the federal payment of those Work Share benefits through September 4, 2021. More information can be found here. Webinar Recording: What Employers Need to Know About Oregon's Work Share
In case you missed it, ORLA co-hosted a webinar on Feb. 25, 2021, with representatives from Work Share. Access more information here: Oregon should follow the lead of other states and eliminate total person restrictions
FOR IMMEDIATE RELEASE: March 11, 2021 Contact: Greg Astley, Director of Government Affairs, ORLA 503-851-1330 | [email protected] Industry Operator Contact: Dean Griffith, President, Old Spaghetti Factory 503.550.9866 | [email protected] Wilsonville, OR– The framework for mitigating Covid risk in Oregon across a variety of industries has come with a certain level of experimentation by the Oregon Health Authority as they determine business restrictions during the ongoing health emergency. One of those experiments not followed by virtually any other state is a total number of people cap including staff for indoor and outdoor restaurant operations. Oregon’s extreme risk category includes a limit of 50 total people outdoors including the restaurant staff with no consideration given to the amount of space the restaurant has available to keep physical distancing in place for customers. In Oregon’s high-risk category, indoor dining can open but for a total of 50 people indoors and 75 people outdoors including staff. “After consistently bringing this issue up with the Governor’s office with no change, we feel it is time to raise the alarm on industry restrictions that have no commonsense justifications,” said Greg Astley, Director of Government Affairs for the Oregon Restaurant & Lodging Association. “Like so many other states, we have repeatedly brought up percent capacity as the national standard for restaurant operations. Having an arbitrary total person cap on indoor and outdoor seating that for some reason does not take into account total square footage and also for some unknown reason includes staff who wear face coverings at all times is completely unacceptable.” With appropriate physical distancing between dining parties both indoors and outdoors based on percent capacity restrictions, Oregon could add a few thousand more jobs to our statewide economy right now. “Our family-owned Old Spaghetti Factory restaurants are having to turn former employees away from work and we don’t have a rational explanation for them as to why we can’t use the vast empty spaces in our dining rooms by following a percentage capacity model just like so many other states across the country,” said Dean Griffith, President of Old Spaghetti Factory. “These details matter as we continue vaccinating vulnerable Oregonians. In addition, including staff in our total person count while they wear face coverings at all times like other retail locations is pure discrimination against our industry. This total person cap rule should be rescinded as soon as possible which would bring Oregon more in line with other areas of the country.” States across the country continue to adopt clear percentage capacity restrictions on total number of customers for restaurant locations while making substantial progress against the virus. As cases continue to drop across the country, more data is becoming available showcasing little to no difference in virus mitigation in states with aggressive restrictions versus those who have kept businesses open. The latest example has been summarized in a New York Post article comparing California’s approach to virus mitigation in Florida. A link to that analysis can be found here. Industry operators across the state are growing increasingly impatient with the lack of adjustments to Oregon’s risk categories which could help the state’s second largest private sector industry save jobs and important components of local economies throughout the state. “The bottom line is this – restaurants should be open at 50% capacity right now across the state with physical distancing,” said Astley. “We’re tired of being left behind as Oregonians gather in private households with face coverings off compared to our controlled restaurant environments with commercial grade ventilation units. It’s time for a new chapter in the fight against Covid to acknowledge the strides we have made in vaccinating vulnerable populations.” For more information on the efforts of the Oregon Restaurant & Lodging Association please visit OregonRLA.org. ### The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which before COVID-19 provided over 180,000 paychecks to working Oregonians. Oregon hospitality positions are coming back online but where are the workers? FOR IMMEDIATE RELEASE: March 9, 2021 UPDATE: 3.17.21 - Response from the Oregon Employment Department Contact: Jason Brandt, President & CEO, ORLA 503.302.5060 | [email protected] Wilsonville, OR– According to the Oregon Employment Department, approximately 136,000 Oregonians are actively looking for work. Even so, hospitality operators are having great difficulty finding applicants who follow through and take open positions within restaurant and lodging establishments in regions across the state. As vaccination rates continue to improve with more supply on its way, hospitality businesses are looking ahead to the busy Spring and Summer seasons with plans to bring some of the lost jobs in the industry back online. In a March article available on qualityinfo.org, regional economist Guy Tauer of the Oregon Employment Department describes the drop off experienced in the hospitality industry. “From December 2019 to December 2020 the leisure and hospitality sector shed 38.7% of payroll employment, compared with a loss of 9.1% across all Oregon industries.” With such a steep dive in employment numbers and substantially high levels of Oregonians searching for work, operators are expressing unexpected challenges in identifying their next teammates for crucial roles in their businesses. “Oregon’s restaurant and lodging industries get a bad rap due to the size and scope of entry level positions available within our industry,” said Jason Brandt, President & CEO of the Oregon Restaurant & Lodging Association.“But make no mistake – advancement opportunities in many companies across our industry are considerable for those pursuing careers beyond desired part-time work and those career opportunities can come with six figure salaries for managers in both restaurant and lodging settings.” Outside of career opportunities, the hospitality industry has long been acknowledged as America’s training ground where our youth and those returning to the world of work can hone their interpersonal skills. “Many Oregonians, including myself, started their career working in restaurants,” said Tauer. “Those skills, such as getting along with coworkers, showing up ready and able to put in a full shift, providing quality customer service and countless more, are essential and transfer to many other industries and jobs.” You can view Guy Tauer’s full article on the Oregon Employment Department website. Recently the Oregon Restaurant & Lodging Association reached out broadly to industry operators across the state to learn more about their challenges recruiting staff. The response was considerable. A small collection of responses from operators across Oregon regarding their workforce shortage challenges are noted below: “Hood River is a seasonal town. Our spring staff-up for restaurants is always a challenge. This year, however, is unlike any other. On top of the difficulties from COVID closures we face scarce options for capable hires. Our ability to recover, ultimately to survive this past year is at grave risk.” - Ben Stenn, Celilo Restaurant & Bar, Hood River “It has always been more difficult to recruit kitchen staff but now it's harder than ever. Even with a 50/50 tip split between front and back-of-the-house providing $25-$30/hr., applicants are few and far between. We have had a number of applicants tell us they are only applying so they can stay on unemployment. I feel like there needs to be more checks and balances to get people back to work and off unemployment as jobs are becoming available again.” - Colin Rath, Migration Brewing Co., Portland “Pig & Turnip as well as the business owners I have talked to recently are all struggling to find employees ready and willing to work. We currently have several job postings, and instead of the 75+ applications we normally get for a job, we have received two legitimate applications over the span of 12 days.” - Natalie Sheild, Sheild Catering and Pig & Turnip, Springfield “For the first time, in 27 years, I have positions in housekeeping and the front desk unfilled for almost a year. Never have I spent so much on ‘Help Wanted’ ads.” - Peggy Backholm, Bandon Inn, Bandon “Unemployment benefits and government stipends have made it excruciatingly difficult to rehire and hire people to work for our restaurants. Small, independently owned businesses like ours strive to pay competitively and continue to do so despite constraints mandates have put on how we can operate our restaurants. These difficulties make me fear for the likelihood of survival for in-state restaurants moving forward.” - Andy Rhine, Cascade Lakes Brewing Co., Bend “Like many of our colleagues in hospitality, we are currently experiencing some new challenges with recruiting. There were a number of individuals that switched industries during the early part of the pandemic when it became clear that it was a crisis that was not going to resolve quickly.” - Cari Shafer, Oxford Suites, Pendleton and Hermiston “We have been advertising available jobs since we opened again June 2020. It makes no sense that the Lincoln County unemployment rate is still high as most employers in the area are currently advertising for available work opportunities. This is the worst we have seen in 23+ years and we will have to shutter room inventory this summer if we are not able to fill available positions.” - Drew Roslund, Be Our Guest, Inc. and Overleaf Lodge & Spa, Yachats For a full list of responses from industry operators around the state (sorted by region), see below. “It is clear employers are anxious to welcome back new and former employees as the industry works to fill everything from low barrier to specialized positions,” said Wendy Popkin, Executive Director of the Oregon Hospitality Foundation charged with the advancement of careers in hospitality. “The challenge seems to be in getting the word out about available jobs and matching those opportunities to job seekers. Hopefully the latest job availability intelligence will help our industry continue to strengthen its relationship with the Oregon Employment Department as we seek to facilitate more connections between job seekers and growing opportunity in our state’s hospitality industry.” For more information on the efforts of the Oregon Restaurant & Lodging Association please visit OregonRLA.org. ### The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which before COVID-19 provided over 180,000 paychecks to working Oregonians. Hospitality Industry Responses on Workforce Shortages (by Region)
HOOD RIVER / THE GORGE “Yes, here in Hood River we are experiencing a hiring frenzy. Combine that with a workforce that can’t afford to live in Hood River and workforce that has been able to live off unemployment assistance and you have a recipe for disaster. Basically, while I appreciate the efforts, ‘the wheels of government turn slowly.’ While they are debating the newest relief package, employers are starting to look for new hires. What we need now is a program that will wean the labor pool off the government unemployment and get them back out there applying for jobs." - Andrew McElderry, Skylight Entertainment Inc, DBA Andrews Pizza-Skylight Theater-Hood River Cinemas, Hood River “Solstice is both feeling the pain of labor shortages for both the present level of business and for planning for the future. We currently cannot staff to the latest capacity allowances. Solstice needs guests in seats to recover from the last 12 months of revenue loss. We are very concerned that we will not be able to staff to our annual seasonal ramp up. Our survival is dependent on the anticipated Summer business. If we do not capture the business that is here in the summer months, we nervously enter the slow season with no cash reserves. This would leave us dependent on government subsidies, which we assume will have dried up by then. Over the last 12 months many of our tenured staff have decided to leave the hospitality business to seek out 9 to 5 jobs. In addition to those that have entirely left the sector, those who are currently unemployed are receiving higher government subsidized incentives to stay out of the workforce.” - Aaron Baumhackl, Solstice Wood Fire Cafe and Bar, Hood River “It’s a frustrating situation when you actually hire a cook and they don’t even show up (or call) on their start date. If we don’t have a cook, we don’t have a restaurant.” - Leslie VanSickle, The Dalles Country Club, The Dalles “Hood River is a seasonal town. Our spring staff-up for restaurants is always a challenge. This year, however, is unlike any other. On top of the difficulties from COVID closures we face scarce options for capable hires. Our ability to recover, ultimately to survive this past year is at grave risk.” - Ben Stenn, Celilo Restaurant & Bar, Hood River "We are only able to offer limited days and hours due to the shortage of applicants for all of our kitchen staffing needs. Until we can hire more staff, we are unable to fill our current reduced seating capacity and on line orders due to this shortage, as well." - Lisa Merkin, Pub General Manager, Full Sail Brewing Company OREGON COAST “We are definitely seeing an increased difficulty filling our positions… I fear we are creating a culture unreasonably dependent on assistance when the means to support themselves is available. The drain on those of us struggling to maintain businesses may very well crush so many that when people finally have to return to work, they may find they have waited too long." - Sharleen Hughes, Inn at Lincoln City, Depoe Bay “Finding quality employees on the coast is always a challenge but even more so now. With shuttered restaurants reopening, it has increased the challenge in a super tight labor force.” - Frank Squillo, Wanda’s Cafe + Bakery, Nehalem “I hope the Legislature will look at the honest intentions of employers to run their business safely in contrast to those who are abusing government programs.” - Mark Tolan, Seaside Vacation Homes, Seaside “Staffing shortages in our market is making operating our business effectively increasingly difficult. Affordable and available housing is one of the biggest challenges facing our industry as we seek to attract and retain employees.” - Diana Steinman, VIP Hospitality Group, Lincoln City [click "Read More" to view entire list of responses] ORLA's statement following Governor Brown's update on County Risk Levels
Two Counties Remain in Extreme Risk Level, Taking a Toll on Hospitality Businesses “ORLA remains grateful for the continual progress being made toward restaurants in all counties bringing indoor dining back online. We must not forget the unforgiving toll the extended indoor dining closures are having on restaurants in Coos and Douglas counties as well as other businesses including lodging establishments attempting to survive in those regions of the state. With our ongoing success in vaccinating Oregonians and the increased supply on its way to our state from the federal government, it is time to move past our county risk categories and allow all restaurants and lodging establishments the opportunity to provide safe and reliable hospitality experiences for all.” – Jason Brandt, President & CEO, Oregon Restaurant & Lodging Association Contact: Jason Brandt, President & CEO, Oregon Restaurant & Lodging Association 503.302.5060 | [email protected] Governor Brown Announces Two-Week Extension for Counties Facing Moves Back to Extreme Risk
Today, Governor Brown announced a change to the Extreme Risk category rules impacting counties who move out of Extreme Risk only to face the prospect of entering back into the category two weeks later due to short-term case counts within county boundaries. View the Governor's press release. “We want to acknowledge the importance of this change and this response to our plea for changes to the 2-week rigmarole being experienced by too many Oregon restaurant workers and their families,” said Jason Brandt, President & CEO for the Oregon Restaurant & Lodging Association. “When we hone in on case counts as more counties enter risk categories that allow for indoor dining, the general public are starting to see firsthand what we have been saying for quite some time – indoor dining can work well and can be embraced while also mitigating virus spread in our communities. Whether our hospitality industry is operating in a low-risk county, extreme risk county, or somewhere in between, small businesses need to know what comes next after the risk categories we’ve been living with for months. Similar to the way our state leaders laid out our plans for vaccine deployment for Oregonians, we hope to learn more soon about when our industry will be given the lifeline they need. And that lifeline has everything to do with clarity about operations beyond the current county by county risk assessment system.” ORLA continues to advocate for a statewide indoor dining policy allowing at least 50% capacity like the vast majority of states across the country followed closely by an elimination of capacity restrictions when every Oregonian who wants a vaccine has access to one. Contact: Jason Brandt, President & CEO, ORLA 503.302.5060 | [email protected] Add Your Video, Get Your Voice Heard The restaurant industry, more than any other in Oregon and the across the nation, has suffered the most significant sales and job losses since the COVID-19 pandemic began a year ago. State and federal lawmakers want to hear from our restaurant operators and employees about how the pandemic has impacted you and your business, what changes you’ve had to make, and what your outlook is like moving forward. These are important stories to share and we're helping to ensure they get heard by policymakers. The National Restaurant Association has created an easy platform for you to record a quick selfie video and share your story. The association will be assembling an advocacy video that illustrates what this industry has endured, why we are not giving up, and what our outlook is moving forward. They will then share the finished video with Congress, policymakers and influencers in Washington. ORLA would also like to share your stories with our state lawmakers. Please consider adding your voice to this powerful tribute to the hospitality industry.
If you have questions or concerns, you can reach out to your ORLA Regional Representative or contact our Director of Government Affairs, Greg Astley. |
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