​Liquor Surcharge / Minimum Wage Increase / Award Nominations / Get Involved

Public Comments Requested on 50-cent Surcharge Increase: OLCC is seeking public comment on a possible increase of the current 50-cent surcharge on each bottle of distilled spirits to one dollar per bottle. The Commissioners will listen to verbal comments on this at the April 20, and May 18, 2023 Commission meetings. ORLA is in alignment with the Oregon Beverage Alliance in opposing this increase and encourages industry members to take action and provide input on how this may impact your business' bottom line. 

Oregon's Minimum Wage Climbs: BOLI announced late last week that Oregon's minimum wage will increase by 70 cents per hour on July 1, 2023. State law requires an adjustment to the minimum wage to be calculated no later than April 30 of each year based on annualized inflation rates, rounded to the nearest 5 cents. The consumer price index climbed 5% from March 2022 to March 2023. The minimum wage rates will increase as follows:

• Standard Minimum Wage: $14.20 per hour
• Portland Metro Minimum Wage: $15.45 per hour
• Non-Urban Minimum Wage: $13.20 per hour

Nominate Your Star Employees: Oregon’s hospitality industry is full of amazing individuals who go above and beyond, raising the bar for excellence in service, performance, and commitment to their team, organization, and the industry. Nominations are now open for the statewide ORLA Hospitality Industry Awards which seek to recognize some of these outstanding individuals who truly exemplify Oregon hospitality. In addition to the Employee of the Year, we are also accepting nominations for the Restaurateur of the Year, Lodging Operator of the Year, and new this year a Team Leader of the Year (mid-level employee, supervisor, or director). Submit nominations by June 30, 2023.

New Oregon Hospitality Foundation Workforce Blog: The Oregon Hospitality Foundation (OHF) is laser focused on workforce development initiatives to do what we can to build bridges between hospitality industry employers and workers seeking employment opportunities. In an effort to keep lines of communication open with all industry operators interested in connecting with future employees for their operations, the Foundation has launched a new Workforce Blog. Follow what's happening in workforce development efforts and reach out to us if you're interested in getting involved.

Travel & Tourism Industry Achievement Awards: Travel Oregon announced the recipients of the Oregon Travel and Tourism Industry Achievement Awards during the 2023 Oregon Governor’s Conference on Tourism at the Oregon Convention Center. Read more about all the awards winners.

ORLA Members -Get Involved in Your Association: The Oregon Restaurant & Lodging Association is multi-faceted with a variety of different opportunities for professional development amongst hospitality professionals, including board and committee service, program participation, and networking. For those looking to get involved in some way in their state association, check out the numerous activities and opportunities for you to get involved and make the most out of your membership. 

Legislative Bill Movement / Skills Standards / Celebrating Women Restaurateurs / Webinars & Events

Legislative Bill Updates: ORLA's Government Affairs Committee continues its weekly calls to review and discuss the latest activity from the legislative session. As of today, SB 619 (data privacy) has moved forward with private right of action removed; HB 3308 (alcohol delivery) has moved to rules – this would set up a "server training" program for third-party delivery companies as well as a separation of liability; SB 545 (reusable containers) is expected to pass with legislative intent to make it optional to accept those types of containers. See the latest Bill Tracking online.

Hospitality Industry Standards Feedback Survey: The Oregon Hospitality Foundation has been working with the Oregon Department of Education (ODE) and Education Northwest the past couple months to help identify high school technical skills and standards for employment in the hospitality career cluster. This is critical work in getting our foot back in the door of Oregon high schools and it will also raise awareness about the intentional workforce development work through our Hospitality Foundation. Employers are encouraged to take this survey to help review and validate the technical skills we helped to identify for the ODE. Please provide your input by April 14, 2023.

Biggest Industry Show in the Northwest: The Northwest Food Show kicks off Sunday, April 16 at the Portland Expo Center with hundreds of exhibit booths, emerging products and services, alcohol tasting pavilion, and Trends Center. Just announced are the educational programs in the new Trends Center each day: Explore trends to improve your business, and learn best practices from peers in these interactive presentations, designed to showcase tangible solutions you can implement tomorrow and increase your bottom line. Learn more and register online.

Celebrating Women in Portland's Restaurant Industry: Plans are underway for the Women Who Stir the Pot event May 22, presented by the Portland Kitchen Cabinet and the Oregon Restaurant & Lodging Association. This event will be held at Mother’s Bistro and celebrates women in the restaurant industry, recognizing the contributions they make. Learn more. 

Upcoming Webinars:

• ORLA is co-hosting a webinar on April 24 with Smart City Policy Group on "Short-Term Rentals: Policy and Compliance." Attendees will learn more about compliance success with regards to rules and taxes around vacation rentals and short-term rentals. Registration is complimentary online.
• ORLA Preferred Partner, Risk Strategies’ Fournier Group, will be presenting a webinar at 10:00 am on April 25, "Cybersecurity in Hospitality: Don’t Get Blindsided." Anyone in the industry is welcome to participate in this free webinar by registering online. 

ORLA in the news...

• This tournament is transforming high school students into chefs
• Cannon Beach explores lodging tax increase to help fund projects
• Seaside culinary arts score at state competition
• Oregon restaurant, lodging association urges focus on crime

As always, should you have any questions, please reach out to your Regional Representative. Thank you for staying engaged!

Legislative Update / ORLA in the News / ProStart Championships / New Mattress Stewardship Act

Next Legislative Deadline Approaching: April 4, 2023, is the date bills need to be moved out of policy committees in their chamber of origin. ORLA’s Government Affairs Committee continues with Zoom meetings every Friday morning fostering good discussion and updates on legislative activity. If you are interested in joining, please sign up and we'll connect with you before next week's call. You can find the latest bill tracking on our website. All in all, we’re pleased with where we are in advocating for members at this stage in the session.

ORLA in News: On several occasions these past few weeks ORLA has been tapped for industry perspective on various issues, industry events and insights. Here are some highlights: 

• At Oregon ProStart Championships, high schoolers show off their culinary and business chops (OPB, Mar. 19) - Oregon’s hospitality industry employs more people than any other business sector besides health care. And even during the pandemic — a time that majorly challenged traveling — visitors to Oregon spent nearly $11 billion in the state in 2021. But keeping the industry growing will take skilled workers, which is where ProStart comes in. ProStart is a nationwide career technical education program supported by the Oregon Hospitality Foundation. Ken Henson is vice chair of the Oregon Hospitality Foundation and was the lead culinary judge for the event. He joined OPB’s “All Things Considered” host Crystal Ligori to talk through how the competition played out.
• Portland's Reputation Improving, But Hotel Occupancy Remains Depressed (OregonLive, Mar. 22) - Prospective visitors have a much better impression of Portland than at the end of 2020, according to new survey data, but hotel occupancy and revenues remain far below what they were before COVID-19. Jason Brandt, CEO of the Oregon Restaurant & Lodging Association, said he’s seeing improvement in perceptions of Portland and the hospitality industry. But he said the city needs to do more to make downtown feel welcoming to visitors. “We need a sense of urgency when it comes to guest safety and employee safety,” Brandt said. “If we can really execute on timelines and objectives for creating a consistent, safe and energized downtown core it doesn’t just help the downtown. It helps the surrounding area with repeat business and ongoing recovery of our reputation.”
• Oregon association urges ‘laser-like focus’ on crime for restaurant recovery (KOIN 6, Mar. 26) - Oregon’s restaurant and lodging industry, like many service organizations, struggled during the pandemic. Amid a post-pandemic comeback, the industry faces record-high inflation, labor shortages and in some cases, crime. The Oregon Restaurant & Lodging Association reports 2,000 out of the 10,000 restaurants across the state have closed since the start of COVID, but more than 1,200 have also opened. “There’s a lot of course correction happening right now in the industry,” said Jason Brandt, president and CEO of ORLA. “What we’re seeing is some progress in our ongoing recovery efforts, but we’re not back to 2019 levels and that goes for both the restaurant and the lodging side.” Brandt says there are several factors causing a lack of stability in the restaurant and lodging industries such as soaring food, beverage and food service equipment costs. The ORLA CEO explained this creates barriers for low-level profit margins.
• Cannon Beach explores lodging tax increase to help fund projects (Daily Astorian, Mar. 29) - After cost estimates for the redevelopment of the former elementary school and construction of a new City Hall and police station came in much higher than anticipated, city officials are weighing different funding options, as well as reductions in the scope of the projects. During a City Council work session Tuesday night, options were presented for increasing the city’s lodging tax by 1.5% or 2%, along with options for reducing the scope of the projects. Greg Astley, the director of government affairs for the Oregon Restaurant & Lodging Association, said the tourism industry is still recovering in Oregon. He urged the city to consider cutting back on the projects. “People love Cannon Beach, but they may not love it as much if they don’t feel welcome here,” Astley said. “And when you increase your costs to visitors, whether that be when they go out to have a bite to eat, or whether they come to the hotel, that can be disheartening.”
• ORLA Launches Fourth Year of Leadership Program for Tourism Professionals (ORLA, Mar. 30) - In April, ORLA will launch the fourth-year launch of the Oregon Tourism Leadership Academy (OTLA), developed in partnership with the Oregon Destination Association and Travel Oregon, and led by the industry’s top experts. The annual experiential learning program is targeted to public and private sector tourism professionals who are seeking to polish their leadership and professional skills, continue to grow their career accomplishments, and make positive and lasting contributions to the state’s tourism economy and its success. View a roster for the fourth-year class.

Mattress Stewardship Act: The Department of Environmental Quality is seeking public comment on proposed rules for the Mattress Stewardship Act (SB 1576, 2022). More information on this rulemaking, including the draft rules, can be found on the Mattress Stewardship 2023 Rulemaking web page. DEQ will accept comments by email, postal mail or verbally at the public hearing on Wednesday, April 19, 2023. Start time: 9 a.m.; please register prior to the meeting, using this Zoom link. Send via postal mail to Oregon DEQ, Attn: Rachel Harding/Materials Management, 700 NE Multnomah Street, Suite 600, Portland, Oregon 97232-4100. DEQ will only consider comments on the proposed rules that DEQ receives by 4 p.m., on April 28, 2023.

A Smart Use of Local Lodging Tax Dollars

As of January 1, 2023, a 2% increase in local lodging tax has been in effect in Lane County. How these new revenues will be spent is still undecided. The Board of Commissioners held a meeting back in September to hear public comments in support of proposals including building a new stadium for the Emeralds baseball team and an indoor multi-use stadium.

ORLA’s Director of Government Affairs Greg Astley, along with a few ORLA members, provided testimony at the hearing urging Lane County Commissioners to use any new increase in lodging tax toward an indoor multi-use facility. The following summarizes why we think an indoor facility is a smarter use for those tourism revenues:

As hospitality businesses continue to try and recover from the two and a half years of the global pandemic, the shutdowns that occurred because of that pandemic and the ongoing issues of inflation, rising gas prices and continued supply chain issues, there is a clear need for more stable, year-round revenue from visitors to help that recovery.
 
Summer demand is already high in Lane County as visitors enjoy outdoor recreation, wine tasting, various festivals and sporting events and other activities undertaken during the summer months when the weather is favorable.  During the winter months and shoulder seasons however, especially January through March, visitors are less likely to visit and support our local economy.

Therefore, we believe the best use of any new increase in TLT is growing winter travel demand. TLT reinvested in our challenging winter economy is good for local businesses, from hotels to restaurants and retail and will support year-round employment. Additionally, increasing visitor demand in winter will grow TLT revenue for all recipient programs and jurisdictions.  Finally, increases in TLT should be used in ways relevant to drawing visitors, putting “heads in beds” and continuing to increase overall TLT revenue.

ORLA supports investment in an indoor multi-use sports facility, with the added feature of a hydraulic, banked 200m track. This facility can accommodate a wide range of sports tournaments, events and offer temperature-controlled emergency response in all seasons. This represents a much-needed investment in facilities serving local youth and all ages who participate in healthy activities, while also drawing visitors in winter. The Eugene/Springfield metro area is underbuilt related to active and healthy indoor facility space compared to national averages. Multi-use sports facilities draw visitors, are recession resistant and are good for our community health. 
 
Visitors already know and love Eugene and the surrounding areas of Lane County in summertime.  Investing in an indoor multi-use sports facility will allow them the opportunity to experience it during the winter months and shoulder seasons helping to support local jobs, the local economy and the overall health of the community.  We encourage the use of any increase in the TLT rate to go toward this endeavor.

If you have any questions, please reach out to your Regional Representative Terry Hopkins or Greg Astley. 

Legislative Activity / ProStart Champions / Restaurant Business Conditions Survey

​ORLA Bill Tracking: Today is the day legislative bills need to get scheduled for work sessions or else they get left behind (a.k.a., die). As a reminder, ORLA's bill tracking software serves as a crucial tool in monitoring activity of bills with hospitality impacts and coordinating public testimony in front of committees in representation of the industry. See the latest activity on our Legislative Session page.

Oregon ProStart Champions Head to Nationals: This past Monday, ten high schools competed in the Oregon Hospitality Foundation’s statewide Oregon ProStart® Championships showcasing their skills and teamwork. The culinary challenge for the student chefs was to prepare a three-course gourmet meal with only two butane burners in under an hour. Crook County High School pulled this off with excellence, winning top honors in the culinary competition. On the management side, McMinnville High School took first place earning them a trip alongside Crook County to Washington, D.C. to compete in the National ProStart Invitational May 2-4. ProStart is a nationwide career technical education (CTE) program that prepares high school students with fundamental skills such as communication, teamwork, time management and professionalism needed to enter the workforce. For a quick recap and video capturing some of the action, see the story on Here Is Oregon, "Oregon culinary students go head-to-head in a very polite food fight." For the full results, read our press release.

Survey Shows Oregon Restaurants Still Challenged: The National Restaurant Association recently released key findings from a Restaurant Business Conditions survey conducted in November 2022. Oregon data was extracted to help illustrate what our industry is experiencing locally, including continued elevated costs across all parts of the operation and expected challenges with profitability to remain through 2023. Oregon operators took a number of actions in recent months as a result of higher cost. 78% of restaurants increased menu prices and 48% of restaurants reduced hours of operation. See more insights in Oregon's survey data.

ORLA Day of Advocacy Fosters Relationship Building: Over 300 hospitality industry members, state agency representatives, legislators and staff participated in a day of activities co-hosted by ORLA and AAHOA February 21. The Capitol Day Assembly provided for Q&A sessions with invited representatives from several state agencies. After meetings at the Capitol, attendees enjoyed hosted food and beverages at the Taste Oregon Legislative Reception presented by DoorDash. The reception provided industry members the opportunity to meet our elected leaders face to face in a casual setting. Read more.

Bill Tracking / Third-Party Delivery Fee Cap / Capitol Day

From ORLA's Advocacy Update
The following are just a couple highlights from the bi-weekly Advocacy Update email sent to all ORLA members. This members-only communication dives deeper into some of the bill activity, industry positions, and upcoming work sessions for key legislative bills we're engaged on. If you are a member but are not receiving the Advocacy Update emails, please reach out to Info@OregonRLA.org.

• ORLA Bill Tracking: The state legislature hits its deadline on February 21 to introduce new bills for the year. As of two weeks ago, over 2,200 bills had been introduced. ORLA's bill tracking software serves as a crucial tool in monitoring activity of bills with hospitality impacts and coordinating public testimony in front of committees in representation of the industry. See the latest activity.
• Take Action & Urge Support of HB 2536: In 2020, the Legislature passed HB 3361 protecting restaurants from third-party delivery companies using their menu, logo or pricing information without prior written consent. HB 2536 reinforces those protections and makes it clear the enforcement agency would be the Oregon Health Authority. In addition, it prohibits third-party delivery platforms from charging more than 15% for delivery fees statewide. We need you to share your personal story with legislators and let them know how important passage of this bill would be to helping you survive as you recover.

ORLA Day of Advocacy Fosters Relationship Building
Over 300 hospitality industry members, state agency representatives, legislators and staff participated in a day of activities co-hosted by ORLA and AAHOA February 21. The Capitol Day Assembly provided for Q&A sessions with invited representatives from several state agencies. After meetings at the Capitol, attendees enjoyed hosted food and beverages at the Taste Oregon Legislative Reception presented by DoorDash. The reception provided industry members the opportunity to meet our elected leaders face to face in a casual setting. Read more.

Looking for more advocacy information or wanting to engage a bit more on the issues? ORLA members are welcome to join our weekly Government Affairs meetings (via Zoom) by completing this Contact Us form.

Capitol Day Assembly, Taste Oregon Events Provide Members with Face to Face Connections

[Wilsonville, OR - 2/22/23] – Over 300 hospitality industry members, state agency representatives, legislators and staff participated in a day of activities supporting Oregon's hospitality industry. The morning kicked off with several discussions on industry-related issues during ORLA's Capitol Day Assembly. Attendees engaged with questions for invited representatives from state agencies including Oregon Employment Department, Paid Leave Oregon, Oregon Lottery, and BOLI.

The afternoon was left open for members to meet with legislators and staff in pre-arranged meetings at the Capitol.

The day culminated with the Taste Oregon Legislative Reception co-hosted by ORLA and AAHOA and presented by DoorDash. This favored legislative event provided a unique opportunity for industry operators to meet face to face with their legislators in a casual forum, conducive for building connections over some great food and beverage. 

“ORLA’s partnership with AAHOA is of crucial importance as we work to mobilize our very busy members in support of Oregon’s hospitality industry,” said Jason Brandt, President & CEO, Oregon Restaurant & Lodging Association. “Our Taste Oregon reception is one of the ways we create value for our members across the state. Without a doubt, relationships matter.”

Attendees from both ORLA and AAHOA had the opportunity earlier in the day to hear more about ORLA's legislative agenda and discuss talking points on some of the key issues that have potential impact on restaurant and lodging operators.

A huge thank you to the restaurant and beverage companies who provided great tastes including:

• 360 Vodka
• Adam's Rib Smoke House
• Blue Star Donuts
• Five Farms Irish Cream
• Gamberetti's Italian Restaurant
• Geppetto's Italian Restaurant
• Grain Station Brew Works
• Great Harvest Bread Co.
• South Salem High School Culinary Program
• Sunriver Resort’s ACF Apprenticeship Program
• Swire Coca-Cola, USA
• Willamette Valley Vineyards

For more information on ORLA's legislative priorities, or to view bill tracking, visit OregonRLA.org.

Meet Your Elected Leaders / Service Animals / Small Business Grants

Capitol Day & Taste Oregon
With a record number of new legislators in Salem, in addition to a new Governor and a few agency heads, now's the time to engage in opportunities to meet face to face with these elected leaders and help them understand our unique industry issues. There's a full menu of activities with ORLA and AAHOA's Capitol Day and Taste Oregon events presented by DoorDash in Salem on Tuesday, February 21, 2023. You are encouraged to participate in one or more of these activities with multiple chances to tell your story and discuss issues of importance with our elected leaders. Take a look at the day's schedule and plan to join us for some or all the activities. While these events are free to attend, an RSVP is required.

California FAST Act Update
It was an incredibly busy Fall for ORLA’s colleagues down in California as the state association worked alongside the National Restaurant Association to submit over one million voter signatures to stall the implementation of the FAST Act passed by the state legislature. In short, Californians will get the opportunity to either affirm the decision of their legislature or vote against it in November 2024. Until voters decide, we will not see the FAST Act take effect in California. Expect to see an expensive and hard hitting opposition campaign during the 2024 election season for our neighbors to the south. ORLA’s Government Affairs Committee will be following the issue closely as policy issues in California and Washington tend to find their way to Oregon.

A Miniature Horse Walks into a Bar...
Hospitality industry members have been experiencing more situations with customers walking into restaurants and hotels with "service animals" that may not actually be trained as such. We've reposted our Boiled Down podcast episode on the subject for some good reminders on what questions business owners and employees can legally ask customers. A local employment law attorney helps shed light on the dos and don’ts of service animals in your establishment. For additional resources, including downloadable posters for your place of business, visit ORLA's web page on compliance.

New Small Business Grant Applications
Business Oregon has partnered with the CCD Business Development Corporation to offer $3 million in Statewide Small Business and Microenterprise Grant Assistance (SBMA). This program is funded with federal grant funds from the Oregon Community Development Block Grant program CARES Act funding for communities affected by COVID-19. The application process opens January 23 and closes February 7, 2023. The grant applications are open to microenterprises (5 or fewer employees) or small business (more than five employees) that meet the eligibility requirements.

Oregon Governor’s Conference Registration Open
The 2023 Oregon Governor’s Conference on Tourism will be in Portland April 3-5, 2023. This is your opportunity to join your travel and tourism colleagues at Oregon's largest tourism gathering of the year. Keynote speakers and breakout session details are still to come but will focus on objectives aligned with Travel Oregon's 10-Year Strategic Vision, which includes experiences, equity, economy and environment. For more information and to register, visit Travel Oregon's industry site.

Questions on Oregon Restaurant & Lodging Association's advocacy work? Contact Director of Government Affairs, Greg Astley or visit our Advocacy page.

Oregon is officially gearing up for another Legislative Session in Salem with newly elected legislators hoping to make a difference for their constituents. As is typical with elections, results rarely if ever align on all fronts with your personal preferences. Regardless of the election outcomes this past Fall, it is our job at the association to build effective working relationships with leaders from both parties.

We had a very tangible return on investment recently which most likely stood out to you as a hospitality operator to prove how ORLA advocacy and relationship building efforts can drive bottom line results for your business – House Bill 3389 in the 2021 Legislative Session.

Restaurant and lodging businesses become members of ORLA because they understand the importance of industry representation and intelligence gathering. There are of course other reasons to join ORLA but for me, House Bill 3389 takes the cake. Our hope is the updates below showcase why it is of crucial importance for us to continue to band together to protect, improve, and promote Oregon’s hospitality industry.

What Was House Bill 3389?
House Bill 3389 was collaborative legislation passed in 2021 to provide short- and long-term pandemic tax relief to Oregon employers while protecting the Unemployment Insurance Trust Fund. This important bill provided assistance to Oregon employers in several ways:

• It extended the “look back period” used to determine the Unemployment Compensation Trust Fund solvency level from 10 years to 20 years.
• It kept employers’ Unemployment Insurance tax experience rating the same, through 2024, as what was used to determine the pre-pandemic 2020 tax rates.
• It deferred up to one-third of 2021 taxes until June 30, 2022 and provided forgiveness of penalties and interest accrued during that time for employers meeting certain criteria.
• It enabled some employers to be eligible for full or partial forgiveness of their deferrable 2021 Unemployment Insurance taxes.

Combined, the short- and long-term provisions of House Bill 3389 provide significant relief to Oregon employers.

• In 2021, after the bill passed, more than 4,000 employers took advantage of the option to defer tax payments. That resulted in approximately $1.1 million in interest and penalty forgiveness.
• Through the bill’s short-term provisions, the Oregon Employment Department (OED) has provided Unemployment Insurance tax forgiveness to more than 19,000 employers and has issued more than $43.3 million in payments to eligible employers. The refunds issued varied widely in amount due to Oregon’s wide range of eligible employers, from very small businesses to larger corporations.
• In 2022, most employers, about 125,000, saw a decrease in their tax rate from the prior year as a result of the passage of House Bill 3389.
• Looking longer term, from 2021 to 2029, these changes are estimated to save Oregon employers $2.2 billion in unemployment insurance taxes.

Doing our Part to Protect the Integrity of the Unemployment Insurance Trust Fund
If you and others you know experienced setting up numerous job interviews for open positions only to have no one show up, you’re not alone. ORLA has been actively working with OED to make sure we’re doing our part as employers to share intelligence about job recruitment efforts. The goal is to make sure recipients of unemployment insurance benefits are actively looking for work and willing to accept work while also protecting the solvency of the trust fund which makes unemployment benefits widely available for those who qualify and need assistance during times of professional transition.

The Oregon Employment Department relies on employers to help identify potential fraud and other issues with the Unemployment Insurance system. The current best route for employers to report people who do not show up for work when they are offered a job, turned down an offer of work, or who do not come back after being recalled from a temporary layoff is through the utilization of the following public website at: bit.ly/OEDrefuse.

For other types of suspected fraud, the Oregon Employment Department has another, more general form (so some questions may not apply to all scenarios) at bit.ly/OEDfraud.

Employers can also report suspected UI fraud to the department’s Fraud Hotline at 1.877.668.3204. | Jason Brandt, President & CEO, ORLA

With the new year around the corner, hospitality employers should be aware requirements coming into play in 2023.

• Oregon's new Paid Family and Medical Leave Insurance program (PFMLI) goes into effect January 1, 2023.
• A new Paid Leave notice for all Oregon employers goes into effect January 1, 2023, requiring employers to post a new model notice poster at each work site and provide it electronically or by mail to any remote workers.
• Under the Oregon retirement plan mandate, also known as OregonSaves, all employers in Oregon are required to facilitate OregonSaves if they don't offer a retirement plan for their employees; deadline for businesses with 3-4 employees must register by March 1, 2023, and those with 1-2 employees, by July 31, 2023.
• Read more about 5 Key 2022 updates to Form I-9 Compliance.

Close to 120 bills were passed in the 2022 short legislative session earlier this year. While some have already gone into effect, an additional 20 new laws go into effect January 1, 2023. Read more on OregonLive.com. The laws most relevant for our industry include:

• Senate Bill 1586 expands Oregon’s Workplace Fairness Act to make it unlawful for an employer to require former employees to enter into an agreement that would prevent them from disclosing discrimination and harassment. A similar law already covered current and prospective employees. The law also prohibits employers from including provisions in agreements that would prevent the disclosure of the amount or fact of a settlement, unless an employee requests that provision. 
• House Bill 4075 makes it easier for crime victims, including small businesses that are burglarized, to receive restitution for economic damages in part by ensuring that victims are paid in full before convicted criminals pay court fines. 
• House Bill 4086 makes key changes to the state’s workers’ compensation laws by broadening the definition of a beneficiary and a dependent when considering eligibility for benefits. Under the new law, the definition of a dependent is broadened to include individuals whose close association with a worker is equivalent to a family relationship, among others. Dependents who are noncitizens living outside the United States and spouses “living in a state of abandonment” are also no longer excluded from being beneficiaries, either. 

Want to stay informed with ORLA's activity in the 2023 Legislative Session? Visit our website to view our legislative framework for the upcoming session, subscribe to email alerts and updates, and sign up to be a Hospitality Advocate.

From the Desk of Jason Brandt, ORLA President & CEO

The Oregon Restaurant & Lodging Association (ORLA) is your statewide partner tasked with important work to advocate on your behalf. We continue to stay focused on our mission of improving, protecting, and promoting our state’s hospitality industry. Recently, ORLA shared the latest updates on some of the notable outcomes during this past year as outlined below. While we are confident our members recognize the importance of being an active member of their statewide association, our hope is that more industry members see the value in joining their peers and assisting the association in achieving greater outcomes in the years ahead. 

Recently, ORLA has:

• Successfully passed House Bill 3389 in the 2021 Oregon Legislature which resulted in 19,000 employers receiving Oregon Employment Department relief checks totaling $43.3 million. The legislation was historic and has also resulted in 125,000 employers across Oregon realizing a decrease in their tax rate for 2022. Unemployment insurance tax experience ratings will stay the same through 2024 thanks to the legislation. Overall, House Bill 3389 is expected to save Oregon employers $2.2 billion in unemployment insurance taxes through 2029.
• Entered a new partnership with Adesso Capital to assist restaurant and lodging members in processing their amended quarterly payroll tax forms to maximize federal employee retention tax credit money. Adesso can walk you through the entire process with a free consultation, so you know how much money you’re entitled to. It is very common to receive more than $100,000 back in tax credits as a hospitality operator disproportionately impacted by the pandemic. If you haven’t filed, you can get started at: www.adessocapital.com/partner/orla.
• Submitted over 10 public records requests of local government jurisdictions who collect a local lodging tax from our industry. It’s important that we stand together in making sure industry tax dollars are being spent in accordance with state law and that our dollars are maximizing opportunities to assist restaurant and lodging establishments with their ongoing recovery through strong tourism promotion campaigns.
• Launched a new workforce data tool to run customized reports for ORLA members at the city, county, and state levels by industry job type to keep up with ongoing changes in market rate compensation. These customized reports are included in your membership and are extraordinarily helpful in times like these.

If you're not already a member, please consider joining ORLA today. This organization exists for you and more than ever we need to stand together to protect the industry and the crucial contributions it makes to local economies around the State of Oregon. | Jason Brandt, President & CEO

SBA Announces $83M in New RRF Grants
Our partners at the National Restaurant Association (NRA)  just announced that the U.S. Small Business Administration (SBA) is releasing $83 million in Restaurant Revitalization Fund (RRF) dollars, which will fund the 169 applications at the front of the application queue. Operators receiving funds should receive notification today. Funds should be released within the next week and must be used before the RRF program expires in March 2023.

More details can be found from the NRA here. SBA’s release can be found here.

Today's press release from the National Restaurant Association:

Washington, D.C. (Nov. 23, 2022) – Today, the Small Business Administration (SBA) announced the release of $83 million dollars in unobligated Restaurant Revitalization Fund (RRF) grants to 169 operators with pending applications.
 
The National Restaurant Association has been requesting these funds be released, and Executive Vice President of Public Affairs Sean Kennedy made the following statement in response:
 
“The SBA’s action represents the final chapter of our nearly three-year effort to secure dedicated federal pandemic relief dollars for local restaurants. Today’s announcement is great news for those 169 operators fortunate enough to receive an RRF grant, but hundreds of thousands more are struggling with uncertainty.
 
“We must continue to look forward because the enormous challenges of the industry will continue beyond today. From the recruitment of employees to the constantly rising costs for food, running a restaurant right now is a daily struggle. There are steps the government can take to support restaurants in every community, and we will continue to press for solutions at the federal, state, and local level.”
 
According to the SBA, the grants are being released to operators in the order their applications were received. Operators receiving funds should receive notification today and SBA will begin transmitting the grants next week. They have until March 2023 to spend the money.
 
The Association was first to lay out the plan for a restaurant industry recovery fund to Congress in April 2020. Congress eventually set aside $28.6 billion dollars for the RRF in the American Rescue Plan Act. After this money was distributed, more than 177,000 applications were left in limbo at the SBA.
 
The Government Accountability Office (GAO) released a report in July, noting SBA was holding unobligated RRF funds and the Association was first to send a letter to SBA Administrator Isabella Casillas Guzman requesting that the unobligated money be released to unfunded applicants.
 
The restaurant industry was the hardest hit by the pandemic. In the initial shutdowns, more than eight million industry employees were laid off or furloughed. The industry still has not recreated 565,000 jobs lost at that time, which is the largest current employment deficit caused by the pandemic among all U.S. industries. More than 90,000 restaurants closed permanently or long-term because of the pandemic. 

​Advocating for Third Party Delivery Fee Caps
ORLA has been participating in the drafting and adoption of a permanent third-party delivery fee cap for the City of Portland along with other stakeholders and the Mayor’s office in a transparent collaboration with input from all sides. See the latest draft here.
 
During the pandemic, the city of Portland adopted a temporary 10% cap on third-party delivery fees to help restaurants. This past June, ORLA was instrumental in securing an extension of the cap another eight months. Now, the city is looking to adopt a permanent cap of 15% along with protections for restaurants. The ordinance is consistent with similar approaches taken in recent months by Seattle and San Francisco and its provisions offer strong protections and support to restaurants and food carts.  
 
This approach also reduces the likelihood of continued consumer-facing fees or constrained delivery radiuses that may negatively impact restaurant sales. Additionally, this policy will require food service platforms to provide a reasonable level of service at or below a 15% commission rate in the City. It also seeks to protect restaurants from being penalized or otherwise disadvantaged from opting into the 15% capped rate. The cap on takeout commissions will be 4% under this policy.    
 
Other notable protections and operational standards that support local restaurants and food carts include:

• Requires food delivery platform to notify all currently contracted restaurants in writing that they have an option to select the 15% or lower capped fee once this policy is adopted. This notification must be available in multiple languages reflective of the Portland community.
• The included language requires platforms to clearly define and explain all fees and commissions associated with contracted services, including the transaction fees that may be passed on from payment processors to restaurants by platforms. Transaction fees may not be more than the platforms themselves are charged by payment processors, and this rate must be able to be clearly communicated in restaurant contracts and substantiated upon request.
• Third party food platforms shall not disclose any info about a restaurant, including its menu or contact information, without the restaurant’s consent.
• Delivery platforms shall not restrict the prices that a restaurant may charge for food and/or beverages.
• There is a strong enforcement mechanism in this ordinance including fines for non-compliance. Current complaints may be filed here, and similar recourse will be available in the future following the adoption of this ordinance.

 
ORLA is pleased to have been instrumental in the creation of this new policy to protect restaurants and consumers.

Next Steps: The final ordinance language will be filed with the Council Clerk. This item has been scheduled for a first reading as a time-certain item at the Portland City Council meeting on 10:40am on Wednesday, December 7. Following the first reading, it would move to a second reading and vote for adoption on Wednesday, December 14. 
 
Contact Greg Astley, ORLA Director of Government Affairs if you are interested in providing public testimony on December 7.

Election Recap: Many Close Races, Some Still Too Close to Call
[Numbers updated 11/6/22 from original post on 11/14/22]
​
Voter turnout in Oregon for midterm general elections is typically around 70%. The results below were pulled from the Secretary of State’s site as of 3:45 p.m. Tuesday, November 15, 2022, and reflect a 62% turnout.
 
This is the first Oregon Election where ballots did not have to be received by 8:00 pm on election day, but did need to be postmarked by election day. So, there is no historical perspective if this might benefit one party over the other. 
 
On the Federal side, Oregon gained an additional Congressional seat. Although that race, the 6th Congressional, is still too close to call, it looks like the Republicans in Oregon will gain at least one seat in Congress, the redrawn 5th Congressional District. 
 
In the Governor’s race, Christine Drazan has conceded the race to Tina Kotek. Betsy Johnson conceded on Election Day after the initial returns.
 
It appears most of the Senate races are known at this time. The Democrats held a 18-12 super majority which at this point seems to be reduced to at least 17-13, with the only race still up for grabs being the Oregon City-Gladstone seat held by Republican Bill Kennemer. Kennemer and challenger Mark Meek (D) are locked in a tight race with Meek leading by 0.68% or just 397 votes. This seat is in Clackamas County so there should be a fair number of votes still to count. 
 
The House has more races where it is too soon to call. The Democrats currently hold a 37-23 super majority. Democrats appear to have enough seats to retain control with 32 races that seem to be settled. The Republicans should win 23 seats for sure. That leaves five seats up for grabs and too close to call still.  Democrats would have to win four of the five to hold the super majority in the House. 

Governor: 

• Kotek (D) – 47.10% – Difference between Kotek & Drazan = 67,365 votes
• Drazan (R) – 43.44% – Drazan has conceded
• Johnson (I) – 8.62%

 
BOLI: 

• Stephenson – 60.86% – Difference = 319,556 votes        
• Helt – 38.49%

 
CD4: 

• Hoyle (D) – 50.91% – Difference = 25,866 votes
• Skarlatos (R) – 42.9% – Skarlatos has conceded

 
CD5:

• Chavez-Deremer (R) – 50.91% – Difference = 6924 votes
• McLeod-Skinner (D) – 48.82% – McLeod-Skinner has conceded

 
CD6:

• Salinas (D) – 49.79% – Difference = 5404 votes
• Erickson (R) – 47.76%

 
M111 (Health Care as Right):

• No – 50.65% – Difference = 23,185 votes
• Yes – 49.35% 

 
M112 (Slavery Language in Constitution):

• Yes – 55.66% – Difference = 201,231 votes
• No – 44.34%

 
M113 (Legislative Absences):

• Yes – 68.31% - Difference = 653,534 votes
• No – 31.69%

 
M114 (Gun Sales):

• Yes – 50.90% - Difference = 32,630 votes
• No – 49.10%

 
State Senate: 
Current balance is 18 D, 11 R, 1 I.  If those currently leading below hold, balance would be at 17 D, 12 R, 1 I. It appears to be down to one competitive race – SD20. 
 
SD3:

• Golden (D, Inc.) – 51.79% - Difference = 2341 votes
• Sparacino (R) – 48.09%         

 
SD10: 

• Patterson (D, Inc.) – 53.42% - Difference = 3938 votes
• Moore-Greene (R) – 46.44%                        

 
SD11 (open seat):

• Thatcher (R) – 52.68% - Difference = 2318 votes
• Walsh (D) – 47.08%

 
SD13 (open seat):

• Woods (D) – 57.59% - Difference = 8646 votes
• Velez (R) – 42.32%

 
SD16 (open seat): 

• Weber (R) – 56.60% - Difference = 9362 votes
• Busch (D) – 43.26%

 
SD20:

• Meek (D) – 50.28% - Difference = 397 votes
• Kennemer (R, Inc.) – 49.60%

 
SD26 (open seat): 

• Bonham (R) – 59.04% - Difference = 11,914 votes
• Mason (D) – 40.83%

 
State House: 
Current balance is 37 D, 23 R.  If those currently leading below hold, balance would be at 35 D, 25 R. There are several very tight races left.
 
Pretty Wide Margins...
 
HD12 (open seat): 

• Conrad (R) – 57.53% - Difference = 5212 votes
• Emmons (D) – 42.36%

 
HD19 (open seat):

• Anderson (D) – 54.21% - Difference = 2344 votes
• Sullivan (R) – 45.65%

 
HD21 (open seat):

• Mannix (R) – 51.67% - Difference = 1552 votes
• Navarro (D) – 45.44%

 
HD22 (open seat):

• Cramer (R) – 51.80% - Difference = 630 votes
• Medina (D) – 48.00%

 
HD24 (open seat):

• Elmer (R) – 55.64% - Difference = 2929 votes
• Ernst (D) – 44.23%

 
HD31 (open seat): 

• B. Stout (R) – 59.44% - Difference = 6758 votes
• Sorace (D) – 40.33%

 
A Little Closer...
 
HD7:

• Lively (D, Inc.) – 51.68% - Difference = 1112 votes
• A. Stout (R) – 47.72%

 
HD32 (open seat): 

• Javadi (R) – 51.26% - Difference = 912 votes
• Laity (D) – 48.59%

 
HD40 (open seat):

• Hartman (D) – 50.21% - Difference = 161 votes
• Baker (R) – 49.69%

 
HD48 (open seat):

• H. Nguyen (D) – 51.39% - Difference = 681 votes
• Masterman (R) – 48.47%

 
HD49:

• Hudson (D, Inc.) – 52.08% - Difference = 905 votes
• Lauer (R) – 47.70%

 
HD50:

• Ruiz (D, Inc.) – 51.70% - Difference = 836 votes
• Salvador (R) – 48.10%

 
HD52 (open seat):

• Helfrich (R) – 52.50% - Difference = 1611 votes
• Long (D) – 47.37%

 
HD53 (open seat):

• Levy (D) – 50.33% - Difference = 278 votes
• Sipe (R) – 49.56%

 
Other State House Races of Note
These races include restaurant operators running for public office (McEntee, Nguyen, Bynum).
 
HD10:

• Gomberg (D, Inc.) – 56.77% - Difference = 5026 votes
• McEntee (R) – 43.10%

 
HD38: (open seat)

• D. Nguyen (D) – 68.07% - Difference = 13,363 votes
• Firmin (R) – 31.86%

 
HD39:

• Bynum (D, Inc.) – 54.86% - Difference = 2632 votes
• Haynes (R) – 44.98%

Homeless Camping Ban / Lottery Retailer Meeting / Restaurant Revitalization Funds

An End to Unsanctioned Camping in Portland
Portland City Council approved a plan to ban unsanctioned camping whereby Portlanders experiencing homelessness will be moved from undesignated areas to available shelter locations. ORLA Government Affairs Coordinator Makenzie Marineau testified in favor of the proposal last week. In addition, we provided testimony at the Multnomah County Commission meeting in support of a good neighbor agreement between the County and businesses surrounding their new Behavioral Health and Resource Center located behind the Benson Hotel.

ORLA Lottery Subcommittee Relaunches
Next week we're relaunching our Lottery Subcommittee made up of ORLA members who rely on solid working relationships with Oregon Lottery staff and the Oregon Lottery Commissioners. If you’re a Lottery Retailer and would like to be involved, reach out to ORLA’s Director of Government Affairs Greg Astley with any questions. The subcommittee will be focusing on preparing for the next negotiation on commission rates with lottery staff, the potential for geocached in-game sports betting exclusive to bars/restaurants with retailer licenses, and progressive jackpots for ORLA members on video lottery terminals. Those issues and more will keep the group moving forward through 2023.

Association, Sponsors Urge SBA to Release Last $180M in RRF
The 4 sponsors of the RESTAURANTS Act (which became the RRF) sent a letter to the Small Business Administration this week demanding answers about the $180M in unobligated RRF money. U.S. Reps Brian Fitzpatrick (PA-01) and Earl Blumenauer (OR-03) and Sens. Roger Wicker (MS) and Kyrsten Sinema (AZ) wrote a letter to Isabel Guzman, administrator of the SBA, urging for a release of all unobligated funds from the RRF no later than Nov. 14, 2022. The National Restaurant Association has been working with Congress since July to urge SBA to disburse the funds, citing over 177,000 restaurant applicants who are desperately waiting for word on whether they will ever receive funding. Read the latest letter.

AHLA Honors Native American Heritage Month
November is National Native American Heritage Month, and AHLA is honoring the rich history and cultures of American Indian, Alaska Native and Native Hawaiian communities in the United States. The association has developed educational resources to support your individual DE&I learning journey:

• AHLA Foundation’s best practices guide
• National Park Service resources for Native American Heritage Month
• National Congress of American Indians

Restaurant Operator Survey for November
As the National Restaurant Association and state restaurant associations continue to advocate on behalf of the industry, please help us quantify and further illustrate how current business conditions are impacting the restaurant industry. The Association Research Group developed a brief survey designed to collect important data to inform our ongoing advocacy activities. Restaurant operators: Please take a few minutes to complete the survey.

ORLA keeps members informed and educated with the latest information, industry intelligence and research via several channels. In addition to the blog, members receive more comprehensive insights via the monthly Insider e-newsletter and access to the Member Portal with data and research. 

​Not a member yet? Visit our Membership page or reach out the ORLA Regional Representative nearest you.

Paid Leave Info | UI Refund Checks | Proposed Labor Rule

Oregon Employment Department Refund Checks
ORLA's biggest win during Covid at the state level was in House Bill 3389 where unemployment insurance (UI) tax reform passed. House Bill 3389 was collaborative legislation passed in 2021 to provide short- and long-term pandemic tax relief to Oregon employers while protecting the Unemployment Insurance Trust Fund. This important bill provided assistance to Oregon employers in several ways:

• It extended the “look back period” used to determine the Unemployment Compensation Trust Fund solvency level from 10 years to 20 years.
• It kept employers’ Unemployment Insurance tax experience rating the same, through 2024, as what was used to determine the pre-pandemic 2020 tax rates.
• It deferred up to one-third of 2021 taxes until June 30, 2022, and provided forgiveness of penalties and interest accrued during that time for employers meeting certain criteria.
• It enabled some employers to be eligible for full or partial forgiveness of their deferrable 2021 Unemployment Insurance taxes.

Combined, the short- and long-term provisions of House Bill 3389 provide significant relief to Oregon employers.

• In 2021, after the bill passed, more than 4,000 employers took advantage of the option to defer tax payments. That resulted in approximately $1.1 million in interest and penalty forgiveness.
• Through the bill’s short-term provisions, OED has provided Unemployment Insurance tax forgiveness to more than 19,000 employers and has issued more than $43.3 million in payments to eligible employers. The refunds issued varied widely in amount due to Oregon’s wide range of eligible employers, from very small businesses to larger corporations.
• In 2022, most employers, about 125,000, saw a decrease in their tax rate from the prior year as a result of the passage of House Bill 3389.
• Looking longer term, from 2021 to 2029, these changes are estimated to save Oregon employers $2.2 billion in unemployment insurance taxes.

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. For more insight on the potential impacts of this rule, read a recent editorial regarding California's law.

Oregon Paid Leave
As you are well aware, Oregon’s Paid Family and Medical Leave Insurance program (PFMLI) goes into effect January 1, 2023, and is funded by employer and employee contributions. Employers with less than 25 employees are not required to contribute to the program, but their employees are. Employers will be required to participate in the program or provide an equivalent plan. ORLA is actively looking into private sector solutions for the industry and will keep you posted.

In the meantime, ORLA developed a PFMLI one-pager that helps answer some questions regarding Oregon’s new Paid Leave program. You can also find this on OregonRLA.org here:

• Compliance & ADA page
• Advocacy page (list of Key Issues)

Restaurant Economic Insights
The latest insights from the National Restaurant Association shows overall consumer spending in restaurants trended higher in August, inflation-adjusted (real) sales remained down from early-summer levels. Eating and drinking places registered total sales of $86.2B on a seasonally adjusted basis in August. In inflation-adjusted terms, that was $1.3B below the recent peak registered in May 2022.

As always, if you have any questions, feel free to reach out to your Regional Representative.

Industry Champions / Local Lodging Tax / New GA Team Member

Statewide Hospitality Awards
ORLA honored four industry members during the Hospitality Conference in Eugene on September 11, 2022. These awards recognize the outstanding contributions of individuals and businesses serving the hospitality industry and communities throughout the state. Congratulations to the Employee of the Year Jodi Doud (Southern Oregon Elmer's), Lodging Operator of the Year Nick Pearson (Jupiter & Jupiter NEXT), Restaurateur of the Year Emma Dye (Crisp), and Allied Member of the Year Matthew D. Lowe (Jordan Ramis PC). View video profiles of this year’s recipients.

Protecting Local Lodging Tax Dollars
ORLA's government affairs team is working closely with our leadership teams and operators to review how local lodging taxes are being spent in jurisdictions across the state. Over the past fiscal year, ORLA has filed over 10 public records requests to evaluate the use of lodging tax dollars collected by local governments. Turnover within government positions just like in the private sector result in the need for ongoing education of the state rules governing local lodging taxes. Watch ORLA's explainer video how local lodging taxes must be expended in accordance with Oregon's state law.

New ORLA GA Team Member
Makenzie Marineau joins ORLA with experience in the non-profit world along with government relations, communication and volunteer engagement skills. Along with expertise in government affairs, she has years of experience working within the hospitality industry in Oregon. In her role as Government Affairs and Regional Leadership Teams Coordinator, Makenzie will be helping the association and its members achieve success through the development and ongoing oversight of regional groups of restaurants and lodging operators as well as programs to benefit the hospitality industry. She will serve as the lead government affairs staff member in the Portland Metro region and will provide administrative support for regional leadership teams outside of the region.

As always, if you have any questions about industry issues, please reach out to your Regional Representative or email us.

Gubernatorial Candidate Events / Oregon PFML / ORLA Conference

Gubernatorial Candidate Events
The Oregon Beverage Alliance (OBA) is hosting three events with Oregon’s Gubernatorial candidates coming up in the next several weeks. This is a unique opportunity for our industry to have an audience with the future Governor to talk specifically about the hospitality sector, our force as an economic driver for the state, and the importance of considering the impact of policy decisions on our sector. Having a large presence at these events will help ensure that Oregon’s next Governor understands the depth, diversity, and strength of our voice. These events provide a forum for open dialogue on issues of importance to our group. The events are all free of charge and will be held at Columbia Distributing, 27200 SW Parkway Ave, in Wilsonville, Oregon.

• Sept 21, 4-6 pm: Tina Kotek; RSVP by filling out this form
• Sept 28, 4:30-6 pm: Christine Drazan; RSVP by emailing Alexis
• Oct 3, 4:00-5:30 pm: Betsy Johnson; RSVP by emailing Julie

If you are interested in attending, please let us know by emailing Info@OregonRLA.org. RSVPs are not required, however we appreciate knowing who's interested in engaging.
​
Oregon's Paid Family Medical Leave Program
Oregon’s Paid Family and Medical Leave Insurance program (PFMLI) goes into effect January 1, 2023, and is funded by employer and employee contributions. Employers with less than 25 employees are not required to contribute to the program, but their employees are. Employers will be required to participate in the program or provide an equivalent plan. ORLA is actively looking into private sector solutions right now. Here are some key dates:

• On September 6, 2022, the window opened for employers to submit equivalent plan applications through the state’s portal 
• By November 30, 2022, employers interested in an equivalent plan must submit a declaration of intent or equivalent plan application to be exempt from state plan contributions beginning January 1, 2023.
• For employers participating in the state plan, employer and employee premium contributions begin January 1, 2023.
• Employers seeking equivalent plan solutions generally need to collect employee contributions starting January 1, 2023 and hold this money in a separate account until their equivalent plan is approved by the state.
• For employers who submitted a declaration of intent, complete equivalent plan applications (including a full plan document) are due to the state by May 31, 2023.
• If an employer seeking to use an equivalent plan does not have an approved plan by June 30, 2023, the employer must collect and pay contributions for all unpaid periods since Jan. 1, 2023, along with any penalties and interest. Retroactive withholding from employee wages is not permitted.
• For employers with approved fully-insured equivalent plans, initial premium contributions are due September 3, 2023 (the coverage effective date).
• PFML benefits start under the state and equivalent plans beginning September 3, 2023.

Still Time to Register for the Conference
ORLA is excited to have both Chip Rogers, President & CEO of the American Hotel & Lodging Association and Michelle Korsmo, President & CEO of the National Restaurant Association joining us in person as keynote speakers at the ORLA Hospitality Conference in Eugene. This will mark the first time in ORLA’s history where both national CEOs will be present for a gathering of our members. All details relating to the conference can be viewed on our designated conference site. View the “Sessions” tab on the following website to review the flow of the conference and reach out with any questions. This is a great time to bring key staff and those you’re looking to develop as part of your long term sustainability plan for your operation.

Third Party Deliver Fee Cap / Hotel Loading Zones

Recently, the Oregon Restaurant & Lodging Association (ORLA) went to bat on a couple of issues affecting restaurants and lodging properties in Portland and we came away with two huge wins!
 
On the restaurant side, ORLA was instrumental in securing an extension of the 10% Delivery Fee Cap for an additional eight months. The ordinance takes effect June 29 when the ordinance from 2020 was set to expire. ORLA will now work with restaurant owners, the City of Portland, the third party delivery companies and other stakeholders on a proposal around a permanent delivery fee cap within the city limits. A huge thanks to the restaurant operators who testified and shared their stories to City Council.
 
On the lodging side, ORLA reached out and communicated with Commissioner Hardesty’s office about proposed changes to hotel loading zones that would have turned the current 15-minute zones into 3-minute zones. Our discussions were successful in maintaining the 15-minute loading zones.  ORLA pointed out that as Portland hotels continue to recover from the last two and a half years, making it more difficult and less welcoming for visitors to enjoy our city is the opposite of what we need to be doing.
 
Advocacy on behalf of the hospitality industry and our members is at the core of what we do at ORLA and we appreciate your involvement and your support as we continue to fight on your behalf.

Questions? Contact ORLA Regional Representative Steven Scardina or ORLA Director of Government Affairs Greg Astley.

Alcohol Tax / Commission Caps on 3rd Party Deliveries / PFMLA / Tip Pooling Resources

Fighting Oregon Alcohol Tax Increases
Here's a quick update on our ongoing fight to protect the industry from increased beverage taxes in Oregon. Our next fight against increased alcohol taxes will surely come up yet again in the 2023 Legislative Session. Our friends at Quinn Thomas have been working hard to keep our organizational alliance intact as well as help identify messaging relating to some of the ongoing problems with Oregon’s broken addiction treatment and recovery system. This analysis on Alcohol Price Elasticity helps shed more light on the lack of correlation between increased alcohol taxes and decreases in alcohol use.

Upcoming Vote on Capping Third Party Delivery Fees at 15%
Portland City Council will vote on June 15 to cap delivery fees for restaurants from third party platforms at fifteen percent.  If approved, the ordinance would take effect June 29, 2022 when the emergency order capping delivery fees at ten percent expires. 

In addition to the fifteen percent delivery fee cap, the ordinance would allow third party delivery platforms the ability to charge:

• No more than five percent for a Restaurant Take-Out Fee
• A three percent Transaction Fee in the amount charged by the payment processor but not to exceed three percent of the Purchase Price per Order unless the payment processor charges more than three percent.

 
The ordinance also prohibits:

• Third party platforms from performing any services on behalf of or disclosing information about a restaurant without their consent, including, but not limited to: Menu, pricing and contact information
• Charging a restaurant a fee which they have not agreed to pay
• Charging a restaurant for a “telephone order” which does not result in an actual order being placed

 
Paid Family Leave Concerns
You may recall a tough fight in the 2019 Oregon Legislative Session on Paid Family Leave. The new labor law passed before Covid and has been in hibernation mode behind the scenes as the Oregon Employment Department worked to get their ducks in a row for a 2023 launch. Of course we had this little thing called Covid which upended our world and unfortunately those unexpected challenges have not changed the state’s plan to fully implement their “Paid Leave Oregon” program in 2023.
 
The Paid Leave Oregon programs latest round of rules addresses a variety of issues including appeals, wages, benefits, and equivalent plans. ORLA’s statewide business partner OBI has participated in the rulemaking advisory committee and submitted comments on behalf of the business community. We continue to worry about the confusion this will create for employers and employees that are also subject to the Oregon Family Leave Act and the federal Family and Medical Leave Act. OBI hopes to introduce legislation in the 2023 session to address this issue.

Key date: The 1% payroll tax will begin on January 1, 2023. Employees pay 60% of the tax and employers pay the remaining 40%. However, employers with less than 25 employees are not required to contribute to the program, but their employees are. Alternatively, employers can opt to provide a private equivalent plan through insurance or by self-insuring, rather than participate in the state program (ORLA is actively looking into private sector solutions right now – any progress will move through our ORLAMS board process). Employees will be eligible to file claims under both the state and private plans in September 2023.

Webinar on Tip Pooling & Overtime Compliance
ORLA hosted a webinar June 2 on “How to Ensure You’re in Compliance with Overtime and Tip Pooling.” Representatives from the Department of Labor, Wage & Hour Division Portland District covered these topics and more, including fielding several situational questions from industry members. The following resources were shared:

• Fair Labor Standards Act
• FLSA Poster
• Fact Sheet #2A: Child Labor Rules for Employing Youth in Restaurants and Quick-Service Establishments Under the Fair Labor Standards Act (FLSA)
• Fact Sheet #23: Overtime Pay Requirements of the FLSA
• Fact Sheet #44: Visits to Employers
• Fact Sheet #56C: Bonuses under the Fair Labor Standards Act (FLSA)

For questions, call the WHD toll free and confidential information helpline at 1-866-4US-WAGE (1-866-487-9243), or the Portland District office directly at 503-326-3057. You can also call or visit the nearest Wage and Hour Division Office.

For a copy of the webinar presentation slides, please email Lori Little.

Have any questions? Feel free to reach out to ORLA Government Affairs via email.