Oregon Restaurant & Lodging Association

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  • About ORLA
    • Contact Us
    • ORLA Board
    • Foundation Board
    • ORLAMS Board
    • ORLA Staff
    • Year in Review 2021
    • Restaurant Facts
  • Membership
    • Reopening Safely >
      • Commitment to Safety Seal
    • Restaurant Benefits >
      • OR Restaurant Covid Assistance
    • Lodging Benefits >
      • Update Your Lodging Listing
    • Allied Benefits
    • Cost-Saving Member Programs >
      • ASCAP
      • BMI
      • Dell
      • Clover
      • GNSA
      • Guardian Group
      • Liberty Mutual
      • Office Depot
      • ORLA 401K
      • SAIF
      • UnitedHealth Group
      • Hospitality Hub
  • Advocacy
    • 2021 Legislative Session & Bills
    • COVID-19 Resources & Announcements
    • FAQ / Industry Guidance (COVID-19)
    • Federal Action
    • Relief for Employers & Employees
    • ORLA Outcomes
    • ORLA Relief Efforts
    • Lottery
    • Meet the Team
    • ORLAPAC >
      • Donate to PAC
    • Portland Chapter
    • Take Action
    • Tip Pooling
  • Foundation
    • Donate
    • Oregon Travel Gifts Fundraiser
    • Foundation Board
    • Guest Service Training >
      • Guest Service Gold®
      • Guest Service During Covid
    • Hospitality Help Fund >
      • Takeout And A Movie
      • Restaurant Fund Application
    • ProStart >
      • ProStart Invitational
      • ProStart Resources
    • Workforce >
      • Best Practices
  • Training
    • Alcohol Server Training
    • Crisis Services and Training
    • Food Handler Training
    • GUEST SERVICE TRAINING >
      • Guest Service Gold®
      • GUEST SERVICE DURING COVID
    • Oregon Tourism Leadership Academy
    • ServSafe®
    • Webinars & Workshops
    • Workforce Development
  • News & Events
    • PRESS RELEASES
    • Subscribe
    • Awards >
      • Hospitality Industry Awards
      • Restaurant Awards
    • Boiled Down Podcast
    • Calendar
    • ORLA Events
    • Digital Publications
    • NW Food Show
    • OREGON PROSTART INVITATIONAL
    • Webinars & Workshops
  • Resources
    • Advertise With Us
    • Buyer's Guide
    • Compliance & ADA
    • Cost-Saving Programs
    • Crisis Services & Training
    • Disasters and Workplace Security
    • FAQs
    • Federal & State Agencies
    • Lodging Listings
    • OR Restaurant Covid Assistance
    • Sustainability >
      • Reducing Food Waste
    • Tourism Partners

Oregon Needs a Better Game Plan

4/7/2021

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New ‘Extreme Risk’ Standards Will Result in Indoor Dining Continuity but More Needs to Change
 
FOR IMMEDIATE RELEASE: April 7, 2021

Contact:
Jason Brandt, President & CEO, ORLA      
503.302.5060 | JBrandt@OregonRLA.org      

Wilsonville, OR– The framework for mitigating Covid risk in Oregon across a variety of industries has changed once again with newly established statewide hospitalization metrics among other factors defining Oregon’s new ‘Extreme Risk’ category. As a result, all Oregon counties for the first time in many months will once again have access to indoor dining operations.

“The news this week is bittersweet,” said Jason Brandt, President & CEO of the Oregon Restaurant & Lodging Association. “While five counties moved down in risk (Grant, Malheur, Umatilla, Coos, and Curry), six moved up in risk (Clackamas, Deschutes, Klamath, Linn, Multnomah, and Tillamook) which means moving down from 50% to the dreaded 25% indoor capacity restriction starting Friday, April 9. Anything less than 50% capacity poses ongoing survival challenges for our small businesses.”

In a press release issued by Governor Brown’s office, Oregon’s new extreme risk category includes a new statewide metric: Covid-19 positive patients occupying 300 hospital beds or more, and a 15% increase in the seven-day average over the previous week. As of April 6, Covid-19 related hospitalizations totaled 163 in Oregon.

“We are past due in developing a hospitalization metric as the central tool to determine all county risk levels,” said Brandt. “Over 2 million vaccine doses have been administered in Oregon. The risk associated with each Covid case diminishes with each vaccination and our stringent risk categories have not changed since they were implemented to mitigate the severity of Oregon’s winter surge.”

Concern regarding variants have been commonly cited by health officials as the reason for ongoing economic restrictions as the majority of other states move well past Oregon’s reopening status. According to recent comments by Dr. Dean Sidelinger, initial results show all vaccines to be effective in preventing serious Covid illness even if the virus is still contracted and results in a documented case.

“As we learn about the effectiveness of vaccines in protecting Oregonians against serious illness caused by variants, we should use that crucial information to change the crippling restrictions still being lived out by too many Oregonians,” said Brandt. “After reviewing all the facts, any reasonable person would conclude the vaccines are effective at keeping Oregonians out of the hospital and as a result, our risk metrics and widespread economic restrictions should change accordingly.”

ORLA continues to call for a statewide indoor restaurant capacity of at least 50% including an adoption of physical distancing standards between parties that align with international health guidelines (1 meter or 3.2 feet). 

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. 
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DHS Hearing on H-2B Visas

3/18/2021

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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:
  1. Urging the administration to utilize its authority provided by Congress to issue additional H-2B visas (see attached);
  2. Securing similar appropriations language for FY22 that would remove any discretion for the administration (change the word “may” to “shall” issue) and mandate a doubling of the cap;
  3. Introduction of bipartisan authorization legislation which would permanently increase the cap while also providing many of the integrity measures being pushed by our opposition (in order to undercut many of their strongest arguments). 

Read the coalition's letter to Secretary Mayorkas on supplemental visas.
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ORLA Acknowledges 2-Week Extension

3/4/2021

 
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 | JBrandt@OregonRLA.org

Share Your Story

3/3/2021

 
Share Your Story image
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.

SHARE YOUR STORY
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.

Register for the 2021 Public Affairs Conference!

2/18/2021

 
NRA image
Join the National Restaurant Association and the Oregon Restaurant & Lodging Association for a virtual conference on April 20, 2021 

Every spring, the restaurant industry comes together in Washington D.C., to meet with Congress on issues impacting our industry.

The 2021 Public Affairs Conference may look different this year, but it provides the National Restaurant Association and state restaurant associations like ORLA with an opportunity to expand our reach and impact with more attendees and more meetings on Capitol Hill. 

As an industry leader, your attendance is critical to the success of the Conference. With new party leadership in D.C. and our industry suffering from this unprecedented pandemic, our collective voices are needed now more than ever. We have to educate our lawmakers—new and established—on the impact of COVID-19 to our industry and what steps Congress should (or shouldn’t) take to help us survive and then thrive once the pandemic has passed.

Click the Register button below and use the code PAFCMEMBER to receive your member discount. The cost for members is $50 and $75 for non-members.

REGISTER
You will hear from political analysts, industry leaders, and lawmakers on key issues impacting the restaurant industry. If you’ve never attended the conference in the past, this virtual Public Affairs Conference is a great way to get involved for the first time.

If you have any questions, contact ORLA's Director of Government Affairs, Greg Astley.

Indoor Dining Back for Most of Oregon

2/9/2021

 
A Total of 22 of Oregon’s 36 Counties Open for Indoor Dining Friday 

FOR IMMEDIATE RELEASE: February 9, 2021

Contact:
Jason Brandt, President & CEO, ORLA
503.302.5060 | JBrandt@OregonRLA.org

Industry Operator | Dixie Tavern Access:
Dan Lenzen, Co-Owner of Dixie Tavern
503.516.5249 | danl@venturehre.com

Wilsonville, OR– Hundreds of Oregon restaurants will open their doors to indoor dining starting Friday, February 12 as case counts per 100,000 residents drop below the coveted 200 case mark over the course of the previous two weeks in specific counties. As industry suppliers and restaurant owners scramble to safely open for indoor dining, two prevailing issues remain – continuity of restaurant operations and getting employees back on the schedule.

“Today’s announcement represents a significant step in the right direction,” said Jason Brandt, President & CEO for the Oregon Restaurant & Lodging Association. “It’s our job to make sure the Governor’s Office and Oregon’s Legislators understand what we think will happen next because of today’s news. Top on the list are the challenges facing small businesses attempting to manage two weeks of operational certainty at a time which includes finding workers who are trying to pay monthly bills. And we must acknowledge the 14 counties with restaurant operations still trying to survive in the winter with no indoor dining.”

Opening and closing restaurant operations continues to be cited as the number one challenge facing the industry with the biggest issues revolving around worker schedules and forecasting food supply needs in a limited time period once announcements on changes are made.

“It is our job to be there for our workers and we will be doing our best to explain the uncertainty surrounding future work schedules,” said Dan Lenzen, Co-Owner of Dixie Tavern in Portland. “I hope our ability to open indoors represents a turning point allowing us to be open longer than two weeks. To stay in business, we need the ability to safely use some of the space inside our restaurant consistently and provide the jobs that go along with it.”

February 12 appears to represent a key marker in the fight to mitigate virus spread as most Oregonians will now have indoor dining back as an option in their community for the first time in months. Still, restaurant operators in 14 counties continue to rely on Payroll Protection Program funds, limited outdoor operations if available, and takeout/delivery to scrape by. Approximately 38 percent of Oregonians still live in a county where indoor dining is not currently available.

“We continue to be faced with incredible headwinds in the restaurant industry with the ban on indoor dining in Marion County,” said Conrad Venti, Co-Owner of Venti’s Taphouse and Basement Bar. “Every change we have managed as a company has impacted our employees just as much. We have permanently lost several long-term employees, including management, who have chosen to move on to other industries because of the complete instability and continuous changes we’ve had to face in the last year.”

“With recent numbers trending in the right direction I was hopeful we would be inviting our guests and community back in to dine with us, and bringing employees back to work,” said Kevin Boyles, Co-Owner of Sassy Onion Restaurant in Salem. “Being in the extreme risk category while most of the state reopens is even more frustrating knowing my long time customers are able to make a small trip and enjoy a dining experience elsewhere, while my business continues to suffer.”

ORLA is mounting a grassroots effort of industry professionals this week to continue encouraging outreach to Oregon’s Legislators and Governor Brown’s professional staff given the clear divide being experienced in a state with just over half its restaurants open while the others attempt to hold on.

“We know firsthand how difficult it is for Oregon’s restaurant industry to ramp up their businesses two weeks at a time,” said Brandt. “Our goal in facilitating ongoing communication is to provide our elected leaders and their professional staff with the personal stories behind these challenges in hopes of providing more runway and a glide path for work schedules Oregonians can rely on. The easiest way to accommodate this would be to move to a system based on Low, Moderate, and High COVID-19 risk in each county and eliminate the Extreme Risk category altogether. Having three levels of risk instead of four would provide an additional level of flexibility needed as restaurants continue their fight for survival.”

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. According to the Oregon Employment Department’s December data, over 50,000 Oregonians that once had a job in hospitality do not have work available to return to.

ORLA seeks data, evidence for ongoing industry shutdown

1/26/2021

2 Comments

 
Data assessment shows a lack of correlation between economic sanctions and virus mitigation 

FOR IMMEDIATE RELEASE: January 26, 2021

Contact: 
Jason Brandt, President & CEO, ORLA
503.302.5060 | JBrandt@OregonRLA.org

Featured Industry Operator / On-Site Access:
Treva Gambs, Gamberetti’s Italian Restaurants
503.881.5761 | Treva@gamberettis.com

Wilsonville, OR– Oregon’s restaurant and lodging industries continue to suffer greatly according to the latest data made available by the Oregon Employment Department. Leisure and hospitality businesses lost 25,500 jobs in December. An announcement today from the Governor’s office is welcome news for lottery retailers, restaurant operators with functional outdoor dining space, and Oregon’s lodging industry eager to bring amenities including indoor pools and hot tubs back online for their guests. Still, thousands of restaurant operators are not assisted by these helpful modifications if they are not lottery retailers and lack available space for outdoor dining options.

“Oregonians in our industry can’t pay their monthly bills with two weeks of employment certainty at a time,” said Jason Brandt, President & CEO for the Oregon Restaurant & Lodging Association. “The reality of the 2-week county risk category assessments is taking us down a dangerous path where tens of thousands of Oregonians no longer have paychecks again. The lack of continuity in operations is permanently altering too many Oregonian livelihoods. We must open some indoor dining statewide now, and we can do it safely.”

Oregon’s aggressive economic restrictions on one of the state’s largest private sector employers continues to lack data to substantiate the disproportionate sacrifices being endured by these small business operators. According to weekly reports by the Oregon Health Authority and a declaration from Dr. Dean Sidelinger in federal district court, Oregon’s foodservice industry accounts for less than 1 percent of all workplace outbreaks and 4.7 percent of Oregon’s overall outbreaks, respectively. Yet, Oregon’s foodservice operations continue to be shut down in the vast majority of the state.

“It doesn’t make sense to me how I can have all this space to safely spread out my customers in my restaurant and have the government continue to tell me I can’t use it when I know I can do it safely,” said Treva Gambs, owner of Gamberetti’s Italian Restaurants in Salem and Albany. “The discrimination we are facing is keeping me from taking care of my employees and my customers in ways that can really help our communities get through an emotional and depressing time.”

A recent analysis of December data on the status of restaurant closures across states with mask mandates shows no correlation between the number of cases and deaths and the decisions to close indoor dining. The chart below illustrates the lack of connectivity. In addition, the year 2020 included multiple press conferences highlighting the lack of data to close foodservice operations across Oregon. Governor Brown and Dr. Dean Sidelinger shared comments in press conferences on multiple occasions acknowledging the lack of connectivity to the hospitality industry during periods of the year where hospitality businesses remained open and case counts remained low.
Graph and table
“ORLA will continue our call for a reconvened Economic Advisory Council to solve a chronic problem we currently face – there is no formal dialogue taking place between government officials, health advisors, and industry leaders to fully understand the devastating impacts prolonged restrictions are having on all aspects of Oregon’s once thriving hospitality industry,” said Brandt. “The data above should bring us all to ask one important central question – what evidence is there to justify the crippling impacts of ongoing closures on Oregonians?” 

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. According to the Oregon Employment Department’s December data, over 50,000 Oregonians that once had a job in hospitality do not have work available to return to.
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Metro Food Scraps Mandate

1/15/2021

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Update Jan. 15, 2021: Food Waste Policy Delayed
Effective February 1, 2021 Metro is delaying implementation of the Business Food Waste Requirement by an additional year. The policy, which requires establishment of a business food waste collection program for certain food service businesses, was originally scheduled to begin on March 30, 2020. On September 10, 2020 Metro amended associated administrative rules to delay the effective date by one year to March 30, 2021. After careful consideration of the ongoing effects of COVID-19 on the business community, implementation for the largest businesses will be delayed by an additional year--to March 30, 2022. Administrative rules will again be amended effective February 1. Read rules here.

Update Aug. 25, 2020: 
ORLA commends Metro for taking action in response to these uncertain times by drafting rules to delay the business food waste requirement by one year. We have submitted comments to Metro asking that the implementation be delayed until all jurisdictions enter into Phase 3. To read our comments, click here. 

Update Sept. 21, 2018: Metro has updated draft administrative rules to guide the implementation of its business food scraps separation policy, adopted by the Metro Council on July 26. The draft administrative rules were available for public comment through Friday, Sept. 28. Read more.

Portland Area Businesses to Be Subject to Food Scrap Policy
As part of ORLA's ongoing engagement with Metro on the food scraps, ORLA President & CEO Jason Brandt and Director of Business Development Marla McColly recently testified at Metro’s public hearing against the proposed food scrap mandate. ORLA and our members have been involved in the past in the voluntary collection of food scraps and we testified to that fact and the fact that participants in the past have exceeded the goals set by Metro. (Read ORLA's comments)

We also raised concerns about the logistics of food scrap collections across the Metro area, about the implementation dates and about issues around public health and safety if food scraps are not picked up in a timely manner. In addition to ORLA there was opposition to the plan from local governments in both Sherwood and Hillsboro, citing the lack of analysis on the costs to implement the new mandate and the ability of local governments (especially in Washington County) to efficiently dispose of food waste. Despite ORLA’s efforts and those of local governments, Metro Council voted in favor of the staff recommendation for a food scrap mandate on a 7-0 vote. 

The mandate is scheduled to start on March 1, 2020 and will be implemented based on the amount of food waste generated by businesses. ORLA will continue to monitor the implementation of this program and provide information to our members. As the program is rolled out, if you experience problems or have concerns, please share those with Greg Astley, ORLA Director of Government Affairs, at Astley@oregonrla.org so we can keep Metro informed as to the effectiveness and success of their mandate.

In the news
  • Mandatory scrap food recycling coming to Portland area restaurants - KGW8, 9.18.18
  • Metro issues 'fine print' to regulate mandatory food scraps recycling - Portland Tribune, 9.14.18​
  • Revised business food scraps rules available for public comment - Metro News, 9.5.18
  • ​Starting in 2020, many businesses must keep food out of the garbage - Metro News, 7.27.18



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Oregon OSHA Updates You Should Know

1/11/2021

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[Announcement 2.2.21] - Oregon OSHA proposes permanent rule addressing COVID-19 in all workplaces
​

Oregon OSHA is proposing a permanent rule that largely maintains – with some improvements – the risk-reducing measures required by the current temporary emergency rule. It would replace the temporary rule, which expires on May 4. The proposed permanent rule will receive virtual public hearings later this month and in early March. Although the rule must be adopted as a permanent rule because the law does not allow a temporary rule to be extended, Oregon OSHA expects to repeal the permanent rule once it is no longer needed to address the coronavirus pandemic. Read more.

Virtual public hearings will be held at 10 a.m. on Feb. 23 and Feb. 26, and at 5 p.m. on March 3 and March 4. ORLA encourages industry members to sign up for the hearings or for commenting on the proposed rule to share your experiences and perspectives. The comment period will close on April 2. Visit the OSHA website for details.

[Update as of 1.11.21] - ​OSHA Puts Pause on Rulemaking

​ORLA, in collaboration with other business groups urged Oregon OSHA to make the temporary Infectious Disease rules permanent (read letter). Given how much time and resources businesses put into complying with the rules, now is not the time to make drastic changes. These temporary rules have only been in place since mid-November, and businesses need time to adjust before adding new regulatory burdens.

On January 11, OSHA backed down and said they will not pursue new changes to rules for COVID. The temporary rules will be the permanent rules until we get through the pandemic and then OSHA will rescind the permanent rule at that time and revisit.
  • Visit OSHA's website for more information

[Update as of 12.8.20] - Oregon OSHA Rule Updates: Grace Period Extended, Training Offered 

Grace Period
OR-OSHA will grant a 3-week extension to restaurants, gyms and other businesses impacted by the freeze/the new county risk levels. All other businesses are granted a 1-week enforcement grace period IF they are actively working to comply. Read memo from OR-0SHA.
 
Training Materials
OR-OSHA has released an online interactive education course designed to help employers meet four of the 10 training requirements found in their COVID-19 rules. The 1-hour course begins with an explanation of the dangers of COVID-19 and why the temporary rules were adopted. The course is then divided into four modules: Introduction; Signs, Symptoms and Transmission; Control Measures; and Conclusion. The course is available in both English and Spanish and should be incorporated with your other training planned under the rules. Find English Course and Spanish Course.
 
You can also download the presentation as a PowerPoint (scroll to bottom of page). While not required, OR-OSHA also included a model ‘training verification form’ for employees.
 
OR-OSHA also released completed Exposure Risk Assessment and Infection Control Plans over the weekend:
  • Example Risk Assessment for Restaurant
  • Example Risk Assessment for Manufacturer
  • Example Infection Control Plan for Restaurant
  • Example Infection Control Plan for Manufacturer

​Important Timelines to Remember:
  • Base Rule: Effective November 16, 2020
    • Physical Distancing
    • Masks
    • Cleaning & Sanitation
    • Poster posted: Posters are available in English here and Spanish here.
  • Building Operator Rules: November 23, 2020
  • Exposure Risk Assessment: December 7, 2020*
  • Infection Control Plan: December 7, 2020*
  • Employee Training: December 21, 2020
  • Ventilation Requirements (all workplaces): January 6, 2021
 
*Reminder you do not need to submit your Exposure Risk Assessment or Infection Control Plan to OR-OSHA for review. Your Infection Control Plan (if you have more than 10 employees or are an “Exceptional Risk Workplace”) needs to be available in writing to your employees at the workplace.
 
Helpful tools to-date:
  • OSHA Poster and in Spanish
  • Fillable Exposure Risk Assessment   (fillable version on landing page)
  • Infection Control Plan here and in pdf form here
  • Model Policy for Notification of Employees when COVID-19 Exposure and in Spanish
  • Training Materials:
    • COVID-19 Fact Sheet has been released. Find that here.
    • Online training modules:
      • English Course
      • Spanish Course
[Update as of 11.6.20]
​

The final OSHA Temporary Rule addressing COVID-19 has been released. As a reminder, as Temporary Rules these are allowed to be in effect for 180-days. A discussion about making them permanent (possibly expanded/revised) is expected to begin in the coming weeks.

  • View the OSHA Temporary Rule (A1) Mandatory Guidance for Restaurants, Bars, Brewpubs, and Tasting Rooms
 
Effective Date: November 16, 2020 to May 4, 2021
  • Physical Distancing
  • Masks
  • Cleaning & Sanitation 
  • Poster posted: Posters are available in English and Spanish
 
Delayed Effective Dates:  
  • Building Operators: November 23, 2020
  • Exposure Risk Assessment: December 7, 2020
  • Infection Control Plan: December 7, 2020
  • Employee Training: December 21, 2020
  • Ventilation Requirements (all workplaces): January 6, 2021
 
Several resources are now available online under “Documents,” with more on the way in the weeks to come. OSHA also offers consultation services and technical specialists to help employers comply with the requirements.

View the entire Temporary Rule here: https://osha.oregon.gov/OSHARules/div1/437-001-0744.pdf
 
View workplace chart for application here: https://osha.oregon.gov/rules/advisory/infectiousdisease/Documents/Overview-Table-for-Oregon-OSHA-COVID-19-Temporary-Rule.pdf
 
OR-OSHA also released a fillable Exposure Risk Assessment to download – for use by employers in their compliance. We expect additional training tools to be released in the coming weeks including, model Infection Control Plans, videos for use in employee training and a sample/model Employee Notification Policy.
 

Update as of 10.28.20
There is a lot going on right now at the Oregon Occupational Safety and Health Administration (OSHA) and we wanted to provide a direct update to summarize all the activity. There are 3 separate public processes occurring at Oregon OSHA. Please take a look below and click through on any link if the issue is one you wish to provide comment on. If you’re interested in ORLA's perspective on each item, see the “ORLA Notes” with each paragraph below.
 
(1) COVID-19 Temporary Rulemaking

Oregon OSHA has initiated a process to create an infectious disease control standard temporary rule for all workplaces in Oregon. The process has included taking Phase 2 guidelines for our industry from the Oregon Health Authority and housing them at Oregon OSHA in a temporary rule format. By law, temporary rules can last no longer than 180 days.
  • ORLA Notes:
    • The OSHA process on this rule was replicating what our industry has already been adhering to in Phase 2 through the Oregon Health Authority guidelines. We have expressed ongoing concerns about the lack of clarity in language to allow for less than 6 feet of distance between parties as one party wearing face coverings briefly walks past other customers already seated. These are logical exceptions to 6 feet of distance between parties while parties are seated and aligns with the current exception needed for staff to deliver food to tables. The other issues of concern relate to the requirement of an “Exposure Risk Assessment” conducted by all employers as well as the development of an “Infection Control Plan.” Employers with more than 10 employees will be required to have both the risk assessment and control plan in writing. 
  • OSHA Timeline:
    • They plan to take written stakeholder comments on their final draft through the end of the day on Friday, October 30, and to adopt the rule some time the week of November 2. That rule will take effect 10 days after adoption (although several specific items must be completed between one or two months after adoption, depending upon the specific issue). It will remain in effect 180 days from adoption, unless it is repealed sooner. Oregon OSHA has said they will immediately begin working on a permanent infectious disease rule that will include intermediate requirements specific to COVID-19 – that rulemaking will be subject to the full permanent rulemaking process required by the Administrative Procedures Act, including public comment and public hearings before a final decision is made. Information about this process can be found here. Your comments can be sent via email to: Tech.Web@oregon.gov.

(2) Penalties – Increasing Minimum and Maximum Penalties

At the same time – and completely unrelated to the COVID-19 pandemic or the COVID-19 temporary rulemaking, Oregon OSHA is coming to the end of an eight-month period of public comment on changes to the existing penalty rules, including an increase in the maximum penalties that align Oregon penalties with federal OSHA as directed by both Congress and the Oregon Legislative Assembly.
  • ORLA Notes:
    • Regardless of when the process started and the rationale for aligning fines with federal OSHA, no fines should be increased on Oregon’s small businesses in the middle of a pandemic. This is an example of horrible timing and has brought about great frustration amongst operators trying to determine next steps for their business. Increased OSHA penalties are just another unnecessary issue we need you to take action on in opposition. 
  • OSHA Timeline:
    • These rules were first proposed on February 26, 2020, with public hearings scheduled in March and April. As the COVID-19 emergency unfolded, Oregon OSHA issued a new proposal that was identical to the first but that extended the comment period. On July 30 and July 31, 2020, Oregon OSHA yet again issued the same proposal and extended the comment period through October 30, 2020. The rule record remains open and will be open through October 30.
    • Both the rulemaking notice and the text of the rule can be found under the notice labeled “*Re-Proposed* Increase of Certain Minimum and Maximum Penalties for Alleged Violations” online here. Your comments can be sent via email to: Tech.Web@oregon.gov.

(3) Employer Knowledge/Employer Responsibility

The Employer Knowledge rulemaking has been on a similar time frame as the Penalties Rulemaking, but they are actually two distinct rulemaking proposals.

In this rulemaking, Oregon OSHA proposes to add two definitions and a paragraph to the Division 1 rules. The Oregon Supreme Court in CBI Services v. Oregon OSHA determined that Oregon OSHA needs to more clearly define how “reasonable diligence” and “unpreventable employee misconduct” are interpreted and applied in enforcement activities and Oregon OSHA believes that such guidance is most appropriately provided through an administrative rule. The proposed additions to the rules are to clarify in general how Oregon OSHA assesses an employer’s reasonable diligence, what constitutes unpreventable employee misconduct, how Oregon OSHA assesses an employer’s knowledge of a violation, and when an employer is and is not responsible for a violation that has occurred on its worksite. After spending several years developing the proposal, Oregon OSHA is coming to the end of an eight-month period of public comment on these proposed changes.
  • ORLA Notes:
    • Oregon OSHA has proposed new rules making employers responsible for all unsafe acts of anyone whom the Agency deems to be either an agent of the employer or a supervisory employee. The proposed changes will fundamentally alter the law on how the Agency can satisfy its burden of proving employer knowledge in order to sustain a citation. Oregon OSHA has asserted that these proposed rules were in response to the Oregon Supreme Court’s direction to the Agency in the Oregon Occupational Safety & Health Div. v. CBI Services, Inc., case. In the statement of need for the proposed rules Oregon OSHA asserted that the Supreme Court in CBI requested that the Agency provide guidance to the courts on its interpretation of both “reasonable diligence” and “unpreventable employee misconduct.” Nowhere in the CBI decision did the Court make any mention of unpreventable employee misconduct. 
    • The Supreme Court said in “CBI” it recognized the Oregon Safe Employment Act (OSEA) created a fault-based citation system. This meant that OR-OSHA had the burden to prove that cited employers had either actual or constructive knowledge of the alleged violative conduct or conditions to sustain a citation. “Constructive knowledge” meaning the employer could, with the exercise of reasonable diligence, have known of the violative conduct or conditions.  
    • Second, with regard to constructive knowledge, the Court requested input from Oregon OSHA as to how it interpreted the phrase “reasonable diligence” as used in ORS 656.086(2). This is the statute which implemented the legislative intent to create a fault-based citation system. This request was tied to the appellate court’s duty to review the Agency’s conclusion in a given case that under ORS 654.086(2) a cited employer had “constructive knowledge” of a violation. Rather than simply answer the Court’s constructive knowledge question, OR-OSHA is proposing rules that deem the knowledge of all “agents of the employer” and “supervisory employees” to be “actual knowledge” of the employer itself. The concept of reasonable diligence, of course, is irrelevant in cases where actual knowledge is present. The bottom line is that the proposed rules make employers strictly liable for the unforeseeable unsafe acts of most employees, including all unsafe acts of any employee acting in a supervisory or “lead” role.  
    • Simply put, there is no connection between what the Supreme Court asked OR-OSHA to do in CBI, and what OR-OSHA is attempting to do with its proposed rules. 
  • OSHA Timeline:
    • These rules were first proposed on February 26, 2020, with public hearings scheduled in March and April. As the COVID-19 emergency unfolded, Oregon OSHA issued a new proposal that was identical to the first but that extended the comment period. On July 30 and July 31, 2020, Oregon OSHA yet again issued the same proposal and extended the comment period through October 30, 2020. The rule record remains open and will be open through October 30.
    • Both the rulemaking notice and the text of the rule can be found under the notice labeled “*Re-Proposed* Amendments in General Administrative Rules to Clarify Employer’s Responsibilities” online here. Your comments can be sent via email to: Tech.Web@oregon.gov.

Please take action and make a difference if you can.
0 Comments

Key Issue: Tip Pooling

12/28/2020

59 Comments

 
ORLA in the News with U.S. Department of Labor Final Rule on Tip Pooling
A final rule on tip pooling in the United States was recently released on December 22, 2020 and will go into effect across the country on February 20, 2021. The final rule further establishes the legality of overseeing and managing a tip pool that includes staff who do not customarily and regularly receive tips by directly interfacing with a customer. Managers and supervisors are still prohibited from participating in tip pools. The final rule does define further, explaining as follows:
 
“...the final rule defines a manager or supervisor for purposes of section 3(m)(2)(B) as any employee (1) whose primary duty is managing the enterprise or a customarily recognized department or subdivision of the enterprise; (2) who customarily and regularly directs the work of at least two or more other full-time employees or their equivalent; and (3) who has the authority to hire or fire other employees, or whose suggestions and recommendations as to the hiring or firing are given particular weight. The definition also includes as managers or supervisors any individuals who own at least a bona fide 20 percent equity interest in the enterprise in which they are employed and who are actively engaged in its management.”
 
The one exception to this rule is “a manager or supervisor may keep tips that he or she receives directly from customers based on the service that he or she directly provides.”
 
In summary, the final rule simply codifies our collective win advocating for the importance of tip pools. Pages 11 and 12 of the Rule states:
 
“In 2016, a divided Ninth Circuit panel upheld the validity of the 2011 regulations. See Oregon Rest. & Lodging Ass’n (ORLA) v. Perez, 816 F.3d 1080, 1090 (9th Cir. 2016). Although the Ninth Circuit declined en banc review of the decision, ten judges dissented on the ground that the FLSA authorized the Department to address tip pooling and tip retention only when an employer takes a tip credit. The dissent noted that the Ninth Circuit itself had decided in Cumbie that the FLSA ‘clearly and unambiguously permits employers who forgo a tip credit to arrange their tip-pooling affairs however they see fit.’ … In its 2018 response to the petition for a writ of certiorari in the ORLA case, the government explained that the Department had reconsidered its defense of the 2011 regulations in light of the Ninth Circuit’s ten-judge dissent from denial of rehearing in ORLA and the Tenth Circuit’s decision in Marlow … the Department published in December 2017 an NPRM that proposed to rescind the challenged portions of the regulations.”
 
The actual regulation and a summary of the final rule can be found here: https://www.dol.gov/agencies/whd/flsa/tips.

Restaurant Employee Compensation Tools
With tip pooling being legal with back of the house employees, employers may have questions about what their options are. ORLA launched a Restaurant Compensation Solutions Workgroup to review tools being implemented in restaurant operations across the state, including mandatory service charges, tip pooling policies based on sales that assist in compensating kitchen staff, and dual tip lines notating tip options for both servers and kitchen staff. 

Tip pooling policies should be carefully reviewed with counsel before implementation to ensure compliance with all applicable requirements. For more on this subject, click the links below.

  • Tip Pooling/Compensation Solutions (ORLA members only; login required)
  • Download ORLA's Tip Pooling Information Sheet 
  • NRA Webinar: Tipped Employees and Side Work Under the FLSA

Update: December 2019
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​
A federal spending bill passed in 2018 abolished a 2011 regulation prohibiting tip pooling; managers can now require that servers share tips with kitchen staff in states where employers do not take a tip credit. This change allows tip sharing among both customarily and non-customarily tipped employees in Oregon, including dishwashers and cooks. Managers, supervisors, and owners cannot participate in the tip sharing. A proposed rule to implement the change has been released as of October 7, 2019; comments were due by December 9, 2019. 

One thing this proposed rule seeks to address is that the words “supervisor” and “manager” were not defined in the 2018 spending bill. This is especially important to our industry since many have hybrid approaches to their service positions. Supervisors and managers in some of Oregon’s smallest restaurant operations commonly serve guests and have participated in front-of-the-house tip pools as a part of a team approach to foodservice.

Employers are to use the “duties test” to determine who qualifies as a supervisor or manager, and establish tip pool eligibility. Essentially, if an employee’s primary or regular duty is not management or supervising, they are still allowed to participate in a tip pool. For details on the standard of the “duties test,” read the U.S. Department of Labor (DOL) Field Assistance Bulletin. 

Prior to this change, the decision to participate in a tip pool was left to employees. For more context on the issue, check out Tipping the Scales (Oregon Business, April 2018). The Bureau of Labor and Industries (BOLI) FAQ may answer any additional questions regarding tips at Oregon.gov/BOLI.

​News/Resources:
  • Final Rule: Tip Regulations under the Fair Labor Standards Act (FLSA), U.S. DOL, Dec. 2020
  • Fact Sheet #15: Tipped Employees Under the Fair Labor Standards Act (FLSA)
  • U.S. Department of Labor Issues Notice of Proposed Rulemaking for Tipped Employees, U.S. DOL, Oct. 2019
  • WHD Field Assistance Bulletin 2018-3, U.S. Department of Labor, April 2018
  • Service Charge Guidance, ORLA, 2019 
  • Tip Pooling With Back-Of-House Is IN (in Most States); Manager and Supervisor Tip-Sharing Is OUT, Davis Wright Tremaine, April 2018
  • Tip Pool Victory Bridges Heart-Of-House Wage Gap in Restaurant Industry, ORLA, March 2018

For additional questions, contact Greg Astley, Director of Government Affairs, at 503.682.4422.

This is for general informational purposes only. The information is not, and should not be relied upon or regarded as, legal advice. Please consult with your legal advisors.

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59 Comments

Federal and State Developments Provide New Tools for Hospitality

12/21/2020

0 Comments

 
Salem Capitol
Sustaining Operations and Avoiding Closures will Still Prove Challenging

FOR IMMEDIATE RELEASE: December 21, 2020

Contact:
Jason Brandt, President and CEO, ORLA
503.302.5060 | JBrandt@OregonRLA.org

Wilsonville, OR– Today, Congress unveiled a $900 billion relief bill to provide short-term economic relief to the country in the face of the coronavirus pandemic. The plan includes several items that will benefit restaurants and lodging establishments, most importantly a second round of access to the Paycheck Protection Program (PPP), with unique provisions aimed to assist the restaurant and lodging industries, which continue to endure unparalleled job and revenue losses. 

In addition, the Oregon State Legislature is holding a third special session of 2020 and is poised to pass To-Go Cocktails legislation as well as statewide caps on third party technology and delivery expenses charged to restaurants.

“Hospitality operators in Oregon have been pleading for both long-term and short-term economic support,” said Jason Brandt, President & CEO for the Oregon Restaurant & Lodging Association. “Today’s developments will assist restaurant and lodging establishments with their quest to survive. However, it does not change the unsustainable trajectory facing thousands of Oregon small businesses who have ongoing bills for their dining rooms with little to no revenue to cover those expenses.”

Today’s developments in the Oregon Legislature are expected to assist operators in realizing additional revenue for cocktail programs accompanying food purchases for takeout and delivery while also assisting operators with cost control on expenses.

“The progress made today at both the state and federal levels feels like getting a new pair of running shoes,” said Brandt. “There is still a race for survival in conjunction with vaccine distribution and the majority of operators will remain unprofitable. Our reality remains the same – we are attempting to stretch out our cash until we actually get to the light at the end of the tunnel we’ve all been talking about.”

The federal plan announced today targets restaurant and lodging relief with provisions including:
  • Enhanced PPP Loan Size: The PPP provides a business with a forgivable loan based on 2.5 times its monthly payroll costs. Restaurants and hotels, however, can seek forgivable loans based on 3.5 times monthly payroll costs. 
  • Enhanced Access to PPP: Companies that employ a total of 300 or more employees at all locations (combined) are deemed ineligible for the PPP. Today’s bipartisan plan reflects the reality that many mid-sized and larger restaurant groups are on the verge of bankruptcy and allows restaurants to qualify for PPP as long as they do not employ more than 300 employees at each physical location. 
  • Extending CARES Act banking relief through the end of 2021, which will enable hoteliers to seek additional forbearance from their banks on conventional loans

Other provisions in the bill that will benefit hospitality operations include the deductibility of business expenses paid with PPP loans, enhancement of the Employee Retention Tax Credit (ERTC), extension of the augmented Work Opportunity Tax Credit (WOTC), and increased tax deduction for business meals.

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The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which is comprised of over 10,220 foodservice locations and 2,000 lodging establishments with a workforce of 183,191, and a total economic impact of $13.8 billion in annual sales for Oregon.



0 Comments

Share Your Story with Legislators!

12/16/2020

1 Comment

 
Oregon’s Legislature will meet on Monday, December 21 for a one-day Special Session to discuss four specific issues including To-Go Cocktails and Commission Caps on Third Party Deliveries. Read the draft of Legislative Concept (LC 10).  
 
We realize this legislation won’t fix everything so we are still working with the Governor’s office, Oregon Health Authority and Legislators to find ways to re-open dining rooms sooner and safely. You can help by contacting the Governor and your Legislators (find your legislator here) to let them know how little time you have left before you have to close your doors because of the restrictions on indoor dining. 
 
Public hearings have now been posted for Thursday evening (6:00-9:00pm) and Saturday morning (10:00am-1:00pm). You may provide written or oral testimony at these meetings. For more information on these public hearings and to sign up to testify, please visit the following websites:
  • Public Hearing: Thursday, December 17, 6:00pm-9:00pm
  • Public Hearing: Saturday, December 19, 10:00am-1:00pm

Written Testimony: 
  • E-mail: J3SS.exhibits@oregonlegislature.gov
  • Mail: Joint Interim Committee on the Third Special Session, 900 Court Street NE, Room 453, Salem, OR 97301
  • Testimony is posted online to the Oregon Legislative Information System (OLIS) as part of the legislative record and made publicly available here. 

Oral Testimony (Live Remotely):
  • Registration is required to testify by phone or video link. To sign up, either use the online form here OR call 833-588-4500 for assistance. Registration closes at 1 PM on Thursday, December 17, 2020. 
  • Public Access Kiosk: For those who do not register to testify or do not have access to testify by phone or video link, a public access kiosk is located outside of the State Capitol Building.
  • Please note, testimony is generally limited to 3 minutes so if you plan to testify “in person,” please prepare your remarks in advance to make sure you are heard completely.

Important note about testimony: Neither registration nor use of the public access kiosk is a guarantee that you will be able to testify during the meeting. The chair may determine that public testimony must be limited. For this reason, written testimony is encouraged even if you plan to speak.
 
The Presiding Officers are extending the period for public comment. The public record is open when a meeting is posted until 24-hours after the committee is scheduled to meet. For example, this means written testimony can be submitted now until 6:00pm on Friday for the public hearing on Thursday.

Our Industry Needs Your Voice at the Table! 
We need your voice at the Capitol to help pass this legislation. We need you to share your story of how the shutdowns, freezes and restrictions have impacted you and your employees and why this legislation would help you survive! If you are not already signed up for ORLA’s Text Alerts, please take a minute to text “ORLA” to 52886 today and sign up for important notices regarding key legislation and how you can help.

Thank you in advance for taking action.
1 Comment

ORLA Announces Legal Defense Fund for Hospitality Operators

12/10/2020

5 Comments

 
Financial Support in Motion for Legal Battles on Multiple Fronts

FOR IMMEDIATE RELEASE: December 10, 2020

Contact:
Jason Brandt, President & CEO, ORLA
503.302.5060 | JBrandt@OregonRLA.org

Wilsonville, OR – The Oregon Restaurant & Lodging Association has officially launched a Legal Defense Fund as authorized by the state association’s Board of Directors. The fund will be used to address multiple inequities facing Oregon’s restaurant and lodging establishments in their quest to survive the ongoing pandemic.

“Operators from all corners of the state have reached their breaking point and have asked for continued legal support to fight for their rights,” said Jason Brandt, President & CEO for the Oregon Restaurant & Lodging Association. “There is a growing list of inequities facing Oregon’s hospitality industry that require additional judicial oversight.”

Tens of thousands of hospitality businesses have permanently closed across the country due to government mandates including hundreds in Oregon. “Local and state government in Oregon over the past year have taken away business operations for public purposes,” said Brandt. “Small businesses across the state are owed compensation whether we’re talking about taking a dining room for virus mitigation or taking an entire lodging location for a certain duration of time.”

Operators across the state are also growing more frustrated by a lack of adjustment to taxes and fees that fail to consider the operational reality of the year 2020. Examples include exponential increases in unemployment insurance tax rates for 2021 and beyond, county health inspection fees based on the number of dining room seats in your establishment, and licenses for on-premises alcohol consumption.

“There are some local governments in Oregon deserving of recognition for the ways they have provided historic flexibility to operators,” said Brandt. “We need to build on that awareness within our government institutions to illustrate the severity of the situation. No operator should have to pay exponential increases in their unemployment insurance rates or normal costs for county health inspections or on-premises alcohol consumption licenses as if 2020 was another normal year of operation.”

ORLA’s Legal Defense Fund will provide financial support to operators interested in moving forward as plaintiffs in court. Lawsuits filed will be unique in nature and dependent on the circumstances facing operators with a focus on government restrictions causing a hospitality business location to close permanently.

“There will be those that argue these businesses would have had to close anyway due to the impacts of COVID-19 on consumer demand,” said Brandt. “We can prove that is simply not the case. Financial proof of the direct impact of government restrictions outside of consumer demand is widely available to us and will be shared with the courts as we fight for the survival of Oregon small businesses and the tens of thousands of Oregonian jobs within them.”

For more information on the efforts of the Oregon Restaurant & Lodging Association please visit OregonRLA.org. 

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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. Currently, approximately 55,000 of those workers, or 30%, do not have work available to return to.
To donate to the Legal Defense Fund, click here:
DONATE NOW
5 Comments

ORLA and the National Restaurant Association Call for Congress to Act Immediately

12/7/2020

6 Comments

 
New Survey Findings Reveal Dire Situation for Restaurant Operators without Federal Financial Assistance
​

FOR IMMEDIATE RELEASE: December 7, 2020

Contact:
Greg Astley, Director of Government Affairs, ORLA
503.851.1330 | Astley@OregonRLA.org

Today, the National Restaurant Association is releasing a letter to Congress with the results of the latest survey on the economic health of the industry, and the findings are bleak:
  • 110,000 restaurants nationwide are closed… 10,000 more since our last survey just a few months ago.
  • 52% of former owners of shuttered restaurants say they will not return to the industry.
  • 59% of owners report their costs are going up even as sales are going down.
  • The average restaurant that is now permanently closed was in business for 16 years in the community.

In Oregon, the findings are as follows:
  • 80% of Oregon restaurant operators say their total dollar sales volume in October was lower than it was in October 2019. 
    • Overall, sales were down 30% on average.
  • 39% of Oregon operators say it is unlikely their restaurant will still be in business six months from now, if there are no additional relief packages from the federal government.
  • 88% of Oregon operators say their current staffing level is lower than what it would normally be in the absence of COVID-19. 
    • 66% of restaurants are currently more than 20% below normal staffing levels.

For months, Congress has been trapped in a political tug-of-war while restaurants continue to go dark. A group of moderate Democrats and Republicans last week unveiled a compromise plan bringing both parties back to the negotiating table. They are calling for a $909 billion relief bill, including a second round of Paycheck Protection Program grants, which with improvements could provide immediate assistance to restaurants.
 
“We need Congress to pass the Blueprint for Restaurant Revival,” said Greg Astley, Director of Government Affairs for the Oregon Restaurant & Lodging Association (ORLA). “While we are waiting for that to happen, we also need to make sure Congress at least passes some type of financial relief plan before leaving town for the year. Our industry simply cannot wait for relief any longer.”

While the recent $55 million in state funds will help the hospitality industry to some degree, it will not be enough to cover the massive losses brought about because of the pandemic and economic shutdowns.

“As costs continue to rise and revenues continue to fall for operators, and with more layoffs likely in the future, Oregon’s hospitality industry needs Congress to put aside the turf wars and come together to pass a relief package,” said Astley. “Without it, your neighbor’s job is in jeopardy and your favorite neighborhood restaurant may be the next one to forever close their doors.”

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The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which is comprised of approximately 10,000 foodservice locations and 2,000 lodging establishments with a workforce prior to COVID of 183,191. 


  
6 Comments

Restaurants Sue to Prevent Economic Devastation for the Industry in Oregon

11/20/2020

2 Comments

 
FOR IMMEDIATE RELEASE: November 20, 2020

Contacts:
Jason Brandt, President & CEO, ORLA | 503.302.5060 | JBrandt@OregonRLA.org 
Angelo Amador, Executive Director, RLC | 202.492.5037 | AAmador@Restaurant.org

Interview Coordination: Glenda Hamstreet, Executive Coordinator | ghamstreet@oregonrla.org

Portland, Oregon – Today, the Oregon Restaurant & Lodging Association (ORLA) and the Restaurant Law Center (RLC) filed a joint complaint in federal court for injunctive relief from the “Two-Week Freeze” mandated by the Governor, which prohibits indoor and outdoor dining in restaurants from November 18 through December 2. This action was taken to save many restaurants around the state, and to protect the livelihoods of thousands of food service workers who rely on restaurants and their customers. Both restaurants and their employees continue to suffer from the devastating effects of ongoing regulatory orders in Oregon during this pandemic.

“The restaurant industry prefers engaging in partnerships with our leaders in government,” said Jason Brandt, President and CEO of ORLA. “The latest restaurant restrictions in Executive Order 20-65 published on November 17 lack equity and due process. We hope to engage in communication with Governor Kate Brown and her professional staff as soon as possible to work towards a resolution that has not been available to us at this stage. In the meantime, Oregon’s restaurant operators must continue to follow all orders executed by the Governor until a federal court addresses the serious legal concerns brought forth by the industry.”

“The number one priority of America’s restaurant industry is to provide a safe and healthy environment for guests and employees,” said Angelo Amador, Executive Director of the Restaurant Law Center. “The industry is following applicable federal, state and local operating guidelines, and, where necessary, adapted their business models and adopted countless new measures to ensure that diners and workers remain safe. A blanket ban on indoor and outdoor dining is wrong and we believe the latest executive order in Oregon is also illegal. We hope our Complaint will encourage the Governor and other officials to meet to develop a more reasonable and pragmatic approach that protects the livelihood of restaurant industry workers and restaurateurs across the state.”

Click here to read the Complaint.

About the Oregon Restaurant & Lodging Association
The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which is comprised of approximately 10,000 foodservice locations and 2,000 lodging establishments with a workforce prior to COVID of 183,191.

About the Restaurant Law Center
The Restaurant Law Center is a public policy organization affiliated with the National Restaurant Association dedicated exclusively to defending the restaurant industry against government overreach at the local, state, and federal level by providing a voice for the industry in our judicial system.
2 Comments

Restaurants, Bars Seek Immediate Financial Relief from Legislature

11/17/2020

0 Comments

 
Creation of a $75 Million Hospitality Relief Fund is Needed for Industry to Survive

FOR IMMEDIATE RELEASE: November 17, 2020

Contact:
Jason Brandt, President & CEO, ORLA
503.302.5060 | JBrandt@OregonRLA.org

Wilsonville, OR– Another shutdown of Oregon’s restaurants, bars and foodservice establishments is crippling an already broken and damaged industry.  While other industries in Oregon have experienced revenue losses on average of five percent from last year, the hospitality industry in Oregon has experienced revenue losses on average of at least thirty percent.

Because of this massive economic disparity, the Oregon Restaurant & Lodging Association (ORLA), the leading business association for the foodservice and lodging industry in Oregon, has sent a letter to the Legislative Joint Emergency Board asking for the immediate creation of a $75 million Hospitality Relief Fund to help operators and their employees survive another shutdown.

“There is no federal relief package waiting to be voted on and distributed from Congress or the White House,” said Jason Brandt, President & CEO for the Oregon Restaurant & Lodging Association. “There are no stimulus checks being printed to help Oregon families pay their bills. There is no weekly check for $600 available for those servers, cooks, hosts and hostesses about to lose their jobs or have their hours cut again because restaurants can’t survive on takeout and delivery if they can do it at all.”

Restaurants and bars are still paying rent and there has been no extension of the commercial rent moratorium even though revenue has been cut by as much as 65% for some operators because of the shutdowns, “pause” and now a “freeze.”

Restaurants and bars are still paying OLCC license fees even though they are not able to serve hard alcohol or offer cocktails to go for customers doing pickup or delivery. They are still paying health inspection fees based on the number of seats they have in their establishment even though they cannot seat anyone in their establishment. There are payroll taxes, corporate activity taxes, property taxes on property they cannot fully use and commercial personal property taxes on property restaurants own.

In addition to the immediate creation of the $75 million Hospitality Relief Fund, ORLA is recommending several other solutions to the Legislature to help the hospitality industry survive.  Those solutions include:
  • Passage of an already drafted Legislative Concept (LC 833) allowing for “To-Go Cocktails” from bars and restaurants
  • Waiving or significantly discounting fees including but not limited to business licenses, corporate filing, health inspection fees and OLCC on-premises license fees to make up for the fact the businesses are not able to fully operate
  • Extension of the Commercial Eviction Moratorium

“We were already hearing from members they were concerned about what another shutdown would do to their chances of staying open,” said Brandt.  “Without significant help from the state, the hospitality industry in Oregon–many of your favorite restaurants, hotels, bars and other places– will have to permanently close their doors, putting tens of thousands of people out of work.”

“Hospitality businesses need immediate help.  We cannot wait for February and hope a relief package will materialize and be approved at the federal level,” said Brandt. “This is an emergency and we need the Joint Emergency Board to take action now to save our industry and the tens of thousands of Oregonians who rely on it to put food on the table, pay their rent or mortgage and provide for their families’ needs.”

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The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which is comprised of approximately 10,000 foodservice locations and 2,000 lodging establishments with a workforce prior to COVID of 183,191. 
0 Comments

0.76% of Workplace Outbreaks from Restaurants

11/16/2020

2 Comments

 
Statewide Industry Shutdown of Dining Rooms Does Not Add Up

Wilsonville, OR– On Friday, the Oregon Governor’s office announced wide ranging closures of all indoor and outdoor dining rooms across Oregon starting November 18. The announcement on November 13th came one day after a newly published report from the Oregon Health Authority identifying 2,893 Covid-19 cases associated with workplaces. Of those cases, 22 were tied to restaurants representing 0.76% of current workplace outbreaks.

“Our industry, along with the fitness industry, are the official targets of the latest directives from Governor Brown’s office,” said Jason Brandt, President & CEO of the Oregon Restaurant & Lodging Association. “We desperately need an explanation, and we are not getting straight answers. If 0.76% of active workplace outbreaks represent a need to shut down an entire industry, we have a real time crisis in how we are making regulatory decisions as a state.”

The Oregon Restaurant & Lodging Association (ORLA) has been an active partner in transforming thousands of hospitality environments to promote guest and employee safety. The industry continues to argue additional restrictions on controlled environments pushes virus spread to uncontrolled environments.

“We are running out of ways to express our deep concern about the correlation between dining room shutdowns and private behavior,” said Brandt. “If human interaction is going to take place during the course of the holiday season, then it is much more advantageous to have those interactions take place in controlled environments.” 

The state association continues to advocate for necessary adjustments to restaurant dining room protocol. For example, Governor Brown’s November 13th press conference stated private gatherings should be limited to 2 households or a maximum of 6 people. ORLA is advocating the same exact standard be allowed immediately in dining rooms across the state.

“Why are we allowing 2 private households to gather with up to 6 people in an uncontrolled environment and closing dining rooms when those same interactions can take place in a controlled dining room environment with oversight from a third party?” said Brandt. “We stand ready to help in getting this state back on track as thousands of livelihoods are at stake.” 
​
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The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which is comprised of approximately 10,000 foodservice locations and 2,000 lodging establishments with a workforce prior to COVID of 183,191. 
2 Comments

Indoor and Outdoor Dining Shutdown Will Permanently Close Restaurants

11/13/2020

6 Comments

 
Industry Seeks Solutions Beyond Shutting Down, Putting People Out of Work

FOR IMMEDIATE RELEASE: November 13, 2020

Contact:
Jason Brandt, President & CEO, ORLA
503.302.5060 | JBrandt@OregonRLA.org

Wilsonville, OR– Today, the Oregon Governor’s office announced further restrictions on restaurants statewide beyond the previous two-week “pause.” The restrictions are being announced one week after the “pause” was announced and just two days after it went into effect.

The restrictions take effect Wednesday, November 18th and prohibit dining indoors or outdoors at any bar or restaurant. Drive-thru, takeout, delivery and curbside pickup will still be allowed. 

“Knowing small social gatherings are the focal point for the transmission of this virus, it is incredibly disappointing to see our industry once again targeted and to know bar and restaurant operators are having their employees’ and their own livelihoods put at risk,” said Jason Brandt, President & CEO for the Oregon Restaurant & Lodging Association. “We continue to be asked to make significant sacrifices as an industry due to the nature of our business models.

The Oregon Restaurant & Lodging Association (ORLA) is recommending several solutions to help the hospitality industry survive. Those solutions include:
  • Creation of a $75 million Hospitality Relief Fund to help restaurants, bars, breweries, cideries, lodging properties and other hospitality related businesses survive
  • Waiving or significantly discounting fees including but not limited to business licenses, corporate filing, health inspection fees and OLCC on-premises license fees to make up for the fact the businesses are not able to fully operate
  • Extension of the Commercial Eviction Moratorium

“We were already hearing from members they were concerned about what another shutdown would do to their chances of staying open,” said Brandt. “This latest round of regulations focused on restaurants will trigger an unknown amount of permanent closures impacting the livelihoods of thousands of Oregon families.”

In addition, ORLA is recommending these solutions to help stop the spread of the disease further:
  • Implement a comprehensive, “Stay Home, Save Lives” public affairs campaign from the Governor and the state 
  • Develop a comprehensive testing plan to increase rapid testing and contact tracing statewide
  • Convene a Task Force to address social and community spread
  • Establish a reconfigured Economic Advisory Panel to address continued COVID needs
  • Early establishment of a comprehensive vaccine distribution plan

Oregon’s business community is sending the following letter to Governor Brown’s office in response to the latest round of restrictions.

“Businesses throughout Oregon have proven that they can make the operational changes necessary to keep their employees and their customers safe, even during this unprecedented pandemic. What we need now is a plan to address the root of the problem without causing additional harm to Oregonians throughout the state,” said Brandt. 

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The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which is comprised of approximately 10,000 foodservice locations and 2,000 lodging establishments with a workforce prior to COVID of 183,191. 
6 Comments

New Restaurant Restrictions Will Cripple Operators

11/6/2020

2 Comments

 
Newly announced restrictions on indoor restaurant spaces defy logic, data, and goals designed to reduce virus spread in Oregon

FOR IMMEDIATE RELEASE: November 6, 2020 (Updated 11.9.20)

Contact:
Jason Brandt, President & CEO, ORLA
503.302.5060 | JBrandt@OregonRLA.org

Wilsonville, OR– Today, the Oregon Governor’s office announced new restrictions on restaurants located in specific counties. The restrictions take effect next week and further reduce the total number of people, including staff, that can be on premise. The new restrictions for specific counties will change the current maximum of 100 people indoors and reduce the maximum to 50 people indoors. In addition, group dining at restaurants in affected counties will be reduced to a maximum of 6 people. The two-week pause applies to Multnomah, Marion, Jackson, Malheur and Umatilla counties. On Monday, Nov. 9, four more counties were added to the pause list; Washington, Clackamas, Baker and Union counties.

“We have said all along we were going to follow the data as a state and we have some of the most comprehensive, transparent data in the country being provided by the Oregon Health Authority in their weekly COVID reports,” said Jason Brandt, President & CEO for the Oregon Restaurant & Lodging Association. “These new restrictions do not follow the data available to us. This action will directly result in more Oregonians interacting in uncontrolled, private environments as opposed to restaurants with controlled, regulated environments.”

The Oregon Health Authority’s weekly COVID report is published mid-week with the latest edition released on Wednesday, November 4. A copy can be obtained through the following link:

  • OHA COVID-19 Weekly Report

The Oregon Restaurant & Lodging Association (ORLA) remains committed to thorough weekly reviews of any workplace outbreaks connected to the industry. In the latest edition, only 2 foodservice locations are identified out of approximately 75 workplace outbreaks across the state. The workplace outbreak section can be found starting on Page 22 with details included in Table 7 of the weekly report.

“We are one of the largest employers in Oregon and the efforts being undertaken by our operators across the state is nothing short of monumental. The weekly data continues to prove the importance of controlled, regulated environments like restaurants as an alternative to private gatherings,” said Brandt. “We are literally making decisions that could drive us in the wrong direction as a state.”
“We have a role to play in providing safe alternatives to private settings. We need more opportunity to be a part of the solution.”
Early in the COVID-19 crisis, the Governor’s office convened the Coronavirus Economic Advisory Council, but the council was disbanded months ago with no alternative for collaboration amongst industry leaders and health experts. ORLA is recommending an economic advisory council be reestablished immediately to assist the Governor’s office with the intelligence needed to understand the wide-ranging impacts to local economies triggered by new regulations.

“There will be thousands of operators across the state who will be unable to comprehend an additional arbitrary limit on the total number of people they can have indoors with no consideration given to the square footage available,” said Brandt. “We will have less paychecks to provide to struggling Oregonians, less opportunity for Oregonians to take a ‘mental health break’ in controlled restaurant environments, and we will drive more people to unregulated, private gatherings leading up to the Thanksgiving holiday.”

Restaurants able to physically distance guests by party with at least the recommended six feet between tables, should be allowed to do so without arbitrary restrictions. For establishments with a larger footprint, capping capacity to 50 or 100 people when they can safely seat more means robbing them of the opportunity to keep people employed and keep Oregonians from struggling more than they already have this year.

With some reports suggesting as many as 85% of independent restaurants will close without some form of financial assistance or less arbitrary regulation from government, further reducing restaurants’ ability to generate revenue makes that figure seem even more likely.

ORLA is creating an online interface to track Oregonian paychecks lost from restaurants located in counties where the additional restrictions will take effect. Operators will share their business name, their county location, and the number of paychecks lost due to the new restrictions.

“We believe wholeheartedly in collaboration and partnership and our industry must continue to do whatever we can to mitigate virus spread and support the heroes in the health care sector who are putting their lives on the line to save their fellow Oregonians,” said Brandt. “We have a role to play in providing safe alternatives to private settings. We need more opportunity to be a part of the solution.”

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The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which is comprised of approximately 10,000 foodservice locations and 2,000 lodging establishments with a workforce prior to COVID of 183,191. Roughly 30%, or 55,000 jobs, remain lost in the industry as a result of the COVID pandemic.
2 Comments

Oregon Hospitality Industry Continues Push for Midnight Curfew and 100-Person Cap Removal

10/28/2020

0 Comments

 
Safe Adjustments Needed to Regulations for Restaurant and Lodging Establishments

Wilsonville, OR– The Oregon Restaurant & Lodging Association is convinced two key regulations are ready for adjustments based on recurring COVID-19 weekly workplace outbreak reports. The weekly reports, available through the Oregon Health Authority (OHA) website, consistently show negligible outbreaks occurring in foodservice and lodging operations.

“We review the weekly reports from OHA religiously and can see the care being taken by our operators in controlled and highly regulated environments they manage,” said Jason Brandt, President & CEO for the Oregon Restaurant & Lodging Association. “It is time, regardless of county phase, to allow operators the ability to stay open until midnight and to allow larger venues with ample square footage more flexibility in safely managing their capacity.” 
 
Currently, the Oregon Health Authority requires all foodservice operations in Oregon to close at 10pm regardless of their current phase of operation. In addition, all foodservice and event venues including lodging event space must limit their indoor capacity to 100 people including staff. 

“On the surface we realize a 100-person limitation sounds like an appropriate preventative measure to mitigate virus spread in Oregon,” said Brandt. “However, large scale venues have the ability to provide ample physical distance between associated parties of 10 or less and can accommodate more employees with hours while still operating safe, controlled environments.”

ORLA is focused on facilitating communication between the Governor’s office and small businesses operating restaurants and lodging establishments across Oregon. A recent push this past week to communicate stories with the Governor’s office resulted in over 100 small business stories being shared about how a midnight curfew would help save restaurants. ORLA hopes to share similar stories about the impact of the 100-person indoor cap as well and the ripple effect it has on local economies throughout the state.

“Some of the loudest voices in our industry on the importance of removing the 100-person indoor cap rule are coming from businesses who don’t have space to accommodate over 100,” said Brandt. “This showcases the ripple effect that hits smaller businesses when larger venues can’t accommodate larger groups in a community. Without the additional flexibility there is less activity and commerce in local communities and our operators rely on that foot traffic to stay afloat.”

For more information on the efforts of the Oregon Restaurant & Lodging Association please visit OregonRLA.org. 

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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. Currently, approximately 55,000 of those workers, or 30%, do not have work available to return to.

​
Contact:
Jason Brandt, President & CEO, ORLA
503.302.5060 | JBrandt@OregonRLA.org
0 Comments
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