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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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[April 9, 2021] - Updates from Your State Association
ORLA Joins Business Community on Priorities for the American Rescue Plan Revenues - The $6 billion in federal aid expected by state and local governments in Oregon represents an unprecedented transfusion of cash that could prove transformational – if it is invested wisely. ORLA joins a coalition of business leaders urging the Governor and state leaders to consider the investments in three parts: 1) Near-term for programs that assist individuals, families, businesses and nonprofits still struggling financially; 2) Longer-term for substantial investments in carefully selected projects that will bolster our economic base and yield returns to Oregonians for decades to come, and 3) A contingency set-aside for unforeseen challenges in the next few years. Read the letter. OLCC Approves “Floor Pricing" - Despite much testimony in opposition, the Oregon Liquor Control Commission (OLCC) approved a floor pricing proposal for distilled spirits which increases the price of the lowest priced spirits sold in Oregon liquor stores. ORLA joined other business groups affiliated with alcohol licensees testifying that floor pricing jeopardizes the hospitality industry’s fragile recovery. “Now is not the time to make it more difficult for bars and restaurants to do business and serve customers. Let’s build on the good will of the accomplishments of the past year,” said Greg Astley from the Oregon Restaurant & Lodging Association.
[April 5, 2021] - Vaccine Toolkit; Preparing Your Frontline Workers
Last week the Governor announced frontline workers (including all hospitality workers, as defined by the CDC) and their families are eligible for a vaccine starting April 5. We want to make sure you are aware of the resources available to help you communicate important information about vaccines to your workers, and to give them information about how to find locations and appointments. Here are some key resources to share with your employees:
Find more resources and an Employer Toolkit on ORLA's COVID-19 Resources & Announcements page.
[April 1, 2021] - OSHA Permanent Rule Response from ORLA
ORLA alongside other business groups has been actively engaged in the rulemaking process for workplace safety in Covid times and Oregon OSHA has been one of the more aggressive OSHA agencies across the country in trying to create new rules. Earlier today, ORLA submitted our response which is in line with ongoing coordination amongst other state business groups that have been actively engaged in the rulemaking process since the beginning of the year. Read the official ORLA response to the proposal to create a permanent COVID rule that would need to be adhered to by all workplaces for an undetermined amount of time. 
[March 31, 2021] - Business Coalition Unites to Push for Changes to OSHA Rules
The Oregon Legislative Session continues but in the past few weeks there have been a few victories worth noting as we fight on the frontlines with other legislative bills that remain alive for consideration. On the good news front, House Bill 3296 which would have exponentially increased taxes on alcohol is no longer viable. The broader beverage alliance guarding against increased taxes at this time remains on watch for other proposals that could emerge. But for now, a special thanks to ORLA members and the broader beverage industry for impressive mobilization that helped derail the tax proposal. In other news, a broad coalition of business associations have joined together in submitting the following response to Oregon OSHA’s proposed permanent rule relating to Covid. ORLA continues to be actively involved with other groups to make sure the permanent rule is rescinded at the conclusion of the state of emergency. The reason a permanent rule is even in the mix after the adoption of a temporary rule approximately 4 months ago is due to a state law making temporary rules active for a maximum of 180 days. Since the Covid health emergency has lasted well beyond the temporary timeframe, a permanent rule is being pursued but not without strong advocacy from business groups to make sure the permanent rule does in fact expire once the Covid health emergency in effect from Governor Brown is behind us. Other important developments include a public hearing to bring more relief to our industry as well as others dealing with spiking unemployment insurance tax rates. ORLA will be actively engaged alongside our members for a public hearing scheduled for Thursday, April 1 at 1pm for House Bill 3389. The bill introduced in the past few weeks needs some stronger relief for hard hit industries like hospitality but the foundation of the bill is in good shape for potential amendments that could make a real difference for Oregon’s hospitality industry. ORLA will also be watching the progress of another bill we support – House Bill 3177 which is scheduled for a work session on Thursday, April 1 at 8am. Many of you took action on the bill which would put power back in the hands of Oregon’s legislature to determine appropriate economic sanctions for industries reeling from the economic impacts of Covid including foodservice and fitness establishments. To see the latest activity on legislative bills, visit ORLA's Legislative Bill Tracking page.
[March 18, 2021] - Oregon's UI Trust Fund Balance / Taxing Forgiven PPP Loans? / It's a Warning Week
It’s a very busy week in the Oregon Legislature. Here are the latest updates overall at the association. A more detailed Advocacy Update will be sent to ORLA members soon from our Director of Government Affairs Greg Astley. As always reach out with any questions or comments. Oregon’s Unemployment Insurance (UI) Trust Fund Balance Recently the United States Chamber of Commerce pulled together the fund balances available to every state to pay unemployment insurance benefits. You might be surprised to hear like we were that Oregon has the best funded trust fund in the nation. This isn’t based on population or some per capita assessment. Take a look at the UI Trust Fund Comparison spreadsheet. My favorite new line to use is “After paying out benefits to unemployed Oregonians through all of 2020, Oregon still has more money in our trust fund right now compared to what California had before Covid even started.” So you may ask, why the egregious increase in our tax rates? We have the same question. ORLA, Oregon Business & Industry, NFIB, and other business partners are working together to solve this problem. Taxing Forgiven PPP Loans? You heard that right. Some in the Oregon Legislature thought it would be a good idea to tax your PPP funds. Proposed amendments to House Bill 2457 would have amounted to a surprise tax bill on businesses across Oregon. Our friends at OBI and NFIB rallied the business community to quickly respond with this statement once the amendment was posted and a work session on the bill was cancelled this past Tuesday after the coalition submitted the attached opposition letter. We will keep a watchful eye on future attempts such as this before the legislature adjourns at the beginning of Summer. It's a Warning Week While more and more states move to new models of operation of at least 50% capacity statewide for restaurants, Oregon continues to hold on to its county by county risk assessment system. See the latest case counts from Monday’s county by county Oregon Health Authority County Risk Level report. The data that stands out to me in the document is as follows:
[March 12, 2021] - It's a Movement Week; Latest ORLA Press Releases
President Biden’s news last night is a good sign that our vaccination timelines will be moving up and help clear the way for a steady increase in lodging and restaurant business later this spring. This news also assists us in our ambitious lineup of ORLA events: Virtual PAC fundraiser “Bid for a Better Industry” June 16-24), ORLA Open Golf Tournament July 26, Northwest Food Show August 1-2, Play it Fore-Ward for Hospitality August 24, and ORLA Hospitality Conference September 19-20. (View all ORLA events here) Portland Tourism Improvement District - ORLA’s Portland Lodging Alliance in the past few months has been busy working on a number of challenges facing the Portland market while also deciding to move forward in support of a one percent increase in Portland’s Tourism Improvement District self-assessment. The Tourism Improvement District self-assessment will now be 3 percent instead of 2 percent and will continue to be overseen by a board of lodging operators for investments in lodging industry priorities. Although often reported as a tax increase, it is very different from a tax since all the funds raised are not shared for purposes outside tourism improvement. 100% of the 3 percent TID will continue to go towards tourism investments and should assist the Portland market in their rebound and by extension, Oregon overall. The increase was approved unanimously by the Portland Lodging Alliance group within ORLA. Mike Daley, who serves a dual role on the ORLA Board while also serving as Chair of the Travel Portland Board of Directors has been working incredibly hard in his volunteer roles during a crazy year for the lodging industry. We thank him for keeping the lines of communication open and for facilitating conversations amongst lodging operators so we can plan out our approach to getting things back on track. It's a Movement Week - Earlier this week, Governor Kate Brown announced the latest round of county movements which directly impact the way in which our members and the industry can operate their businesses. As of today, we have 13 counties in Low Risk (50% indoor capacity for restaurants with no ‘total person cap’ limits and midnight closing time / 50% capacity for indoor pools/hot tubs), 12 counties at Moderate Risk (50% indoor capacity for restaurants or 100 total people indoors including staff, whichever is less and still 11pm closing time / 50% capacity for indoor pools/hot tubs or 100 total people, whichever is less), 9 counties at High Risk (25% indoor capacity for restaurants or 50 people total including staff, whichever is less and 11pm closing time / 25% capacity for indoor pools/hot tubs or 50 people total, whichever is less), and 2 counties still in Extreme Risk (no indoor dining capacity, outdoor seating only if available to the restaurant / no more than 6 people total for indoor pool/hot tub use at a time). View the latest Google Doc showing all the County Risk Level movement. As a refresher, view the Sector Risk Level Guidance chart which details all the business restrictions in the 4 risk categories. Latest ORLA Press Releases - This week, ORLA released two press releases. One on industry workforce shortages and one on our desire to see an elimination of the ‘total person caps’ in our risk categories. We are still averaging about 6-12 media engagements per week. Engagements vary depending on the level of interest in the media for a particular theme. As many of you can probably relate to, we had a significant response to our workforce shortage query out to the ORLA membership.
Weekly Advocacy Updates - A special thanks to our Government Affairs Co-Chairs TJ Birkel and Nick Pearson for their ongoing leadership of ORLA’s Government Affairs Committee. Greg Astley, ORLA’s Director of Government Affairs and Bill Perry, ORLA’s contract lobbyist continue to work with our Co-Chairs to hold weekly check-in meetings for interested Government Affairs Committee members on the status of the Oregon Legislative Session. In addition, ORLA is increasing the frequency of our advocacy updates on top of our ongoing bill tracking capability so interested members can keep tabs on the flow of the session.
As always, please reach out to us with any questions.
[March 8, 2021] - American Rescue Plan Passes: Win for Hospitality!
The $1.9 trillion American Rescue Plan, including the $28.6 billion Restaurant Revitalization Fund (RRF), is being sent to President Biden for a signature. Passage of this bill represents an enormous win for the hospitality industry and comes after much collaboration and continued pressure from our national affiliates including the National Restaurant Association, the American Hotel & Lodging Association, and Asian American Hotel Owners Association. ORLA has been working with our national partners to mobilize industry members and contribute to a collective voice on industry-specific assistance needed from the start of the pandemic. The American Rescue Plan bill includes significant assistance and provisions including:
Read more about the American Rescue Plan. [Click the "Read More" link for archived blog updates]  A New Training Tool Can Help
A picture is worth a thousand words. Excited and Cautious, Ready and Scary sums up the attitude of guests who may soon be walking through our doors for the first time in a year. Increasing numbers of home-bound travelers are tentatively scheduling vacations while many take-out diners seek to enjoy a meal somewhere inside other than home. Still, top of mind for most people who have stayed home since the pandemic’s first lock-down is safety. Tripadvisor's research on travelers’ booking criteria in 2020: 92% said “Cleanliness is the most important factor in selecting accommodations.” According to an OpenTable survey, a high percentage of consumers indicate that they make their dining choices based on the comfort level they have with a restaurant’s safety protocols. YOU may be confident about the procedures you have put into place, but how can you help make your potential customer feel comfortable enough to venture out for the first time? Research shows that how you communicate pre-arrival is exceptionally important to ease concern. Best Practice: Just as you have probably expressed on your own website, both Tripadvisor and Yelp have added space for businesses to describe their Covid safety practices. Balanced messaging is important, however. Having an enjoyable experience is, as it always has been, the motivation for travel and for dining out. While using the word ‘contactless’ can convey a good safety practice, might it also sound sterile to someone who is yearning to break out of forced isolation? Describing what guests can expect in terms of safety and enjoyment is consistent with hospitality that distinguishes a property. Read remarks from a few properties that are highly ranked, and you will notice comments such as, “though the confirmation said that amenities could be limited, we appreciated they told us that the pool was available by reservation so social distance could be maintained and we could still use and enjoy it....” Or, perhaps, “because of Covid, while it wasn’t the same busy and high energy atmosphere we had previously enjoyed, our server went out of his way to be extra-friendly and the food was as delicious as always so we will continue to return." Emphasizing that you seek to provide both a safe and enjoyable atmosphere is the balance that many customers seek not only to make, but to keep, their reservation. Ensuring that guests experience both will boost confidence and return intent. What If? Have we ever been as aware of the CDC or FDA as we all are these days? With this kind of emphasis, you can anticipate that many guests will be very observant about how closely your team follows recommended safety practices and even compare yours to other locations they have visited. Being a germaphobe is not as nerdy as it used to be. A friend shared with me that, after observing how hastily a bus person wiped down the table when a diner left, she decided not to stay because it did not seem very thorough for Covid cleanliness concerns. Another friend told me that they chose a hotel based on the property’s Covid Safety Health Pledge. After noticing some cobwebs in their room, however, they felt nervous about how closely that pledge was followed, and they regretted their travel plans. She has not traveled since. I wondered if their reactions might have been different if they had conveyed their concerns to a service person who was able to respond and re-instill confidence? I realized that the situation was similar to any complaint about a misstep and that confidence may have been recoverable if handled correctly. At least there would have been a chance, anyway. The walk away is probably a forever lost opportunity and the potential word of mouth even worse. Best Practice: While cleaning used to be something we did in the background away from guest sight, we now realize that allowing customers to see it in action can be a confidence builder. Seeing is believing. What plans do you have in place with your team members to address guest observations that may be similar to the concerns voiced by my friends? No matter how much we plan and practice, there are bound to be at least a few protocol missteps and/or encounters with highly sensitive guests. Are your associates as confident with words and actions they should take to address a guest’s safety concerns as they would be with typical pre-Covid complaints? Anticipating challenges and preparing credible responses can help repair a guest’s confidence and ensure that your safety goals are met. New Resource: The Oregon Hospitality Foundation, ORLA’s nonprofit 501c3, has just released a new and on-demand video-based training tool, Providing Service While Supporting Safety. The course addresses opportunities like those mentioned above. Four challenging scenarios are portrayed, communication, credibility, compliance, and creating a positive experience. Participants first watch an example of an ineffective service response which results in a negative guest experience. This is followed with narrative coaching and a more effective service approach is portrayed ending with discussion questions. Both restaurant and hotel versions are available, each with helpful worksheets, and both are offered with a Spanish subtitle option. Since time is a premium, scenarios can be viewed individually in less than 15 minutes. Course access is via sliding scale donation, group codes and tracking are also available. See more at OregonGuestServiceSafety.org. What’s next? A recent Destination Analysts report provides rational optimism about our industry’s recovery, with all momentum tied to the lessening of safety concerns. In the February 22, 2021 report, they note “Each week more Americans have been vaccinated as well as know others who have, more trips in the short term appear… As COVID-19 hospitalizations continue to decline after their January peak, Americans’ optimism about the month ahead soared an additional five percentage points in the last week, reaching another record high. Now 44.2 percent feel the pandemic situation in the United States will improve over the next four weeks...” While we all realize that turnaround will take time, earning and retaining consumer confidence in our industry’s safety practices, as well as creating positive experiences, will be essential to continuing momentum. | WENDY POPKIN, OREGON HOSPITALITY FOUNDATION About Wendy Popkin is the Executive Director of the Oregon Hospitality Foundation, a nonprofit 501c3 dedicated to providing educational, training, and philanthropic support to Oregon’s restaurant, lodging, and tourism industry. Wendy is a 35-year career veteran who describes herself as “fanatically enthusiastic about helping others enjoy the same type of fabulous career opportunities I have enjoyed in the hospitality industry.” OregonHospitalityFoundation.org ORLA recently posted a press release on workforce shortages in the hospitality industry, "Oregon hospitality positions are coming back online but where are the workers?" Oregon Employment Department data shows approximately 136,000 Oregonians are actively looking for work. Even so, hospitality operators are having great difficulty finding applicants who follow through and take open positions within restaurant and lodging establishments in regions across the state. We reached out to the Oregon Employment Department for additional insights on what resources are available to assist our industry in addressing this challenge. The following is their response: The Employment Department is committed to helping unemployed workers, with benefits and with finding new jobs and careers, and equally committed to helping businesses find qualified employees, all around the state. We know that business are struggling, and that there are still many struggles facing employers, and workers, financially and in terms of keeping themselves and others safe while the pandemic, although on a much better path now, still continues. Some of the steps that job seekers can take to find a job include:
We recommend that employers post job listings on www.iMatchSkills.org, which will prompt our staff to follow up with the employer or to directly post the job listing (after employer validation) depending on the employer’s entry responses. For employers with at least minimum recruitment sizes, we are providing additional support, such as Virtual Hiring Events (when at least 1-2 employers have multiple openings) and Drive Thru Events with COVID-19 safety precautions in place (when 6-10 employers have multiple openings). Employers interested in these business services should contact Adalberto Rubio. If employers are having work offers turned down without a COVID-19 related reason, let us know. People can continue receive benefits if they turn down an offer of work because of a COVID-19 related reason (listed below), but if the work is suitable for them and they do not have ‘good cause’ for refusing it, they are not eligible for benefits. We want employers to tell us when that happens so we can follow up and ensure benefits are going to those who meet eligibility requirements, including accepting offers of suitable work. Someone may have a COVID-19 related reason if they are:
It may also be useful to remind your members that Work Share can be used to recall workers part time, and the recent federal legislation extended the federal payment of those Work Share benefits through September 4, 2021. More information can be found here. Webinar Recording: What Employers Need to Know About Oregon's Work Share
In case you missed it, ORLA co-hosted a webinar on Feb. 25, 2021, with representatives from Work Share. Access more information here:  In response to a number of inquiries on this subject, ORLA has compiled various sources of information on the topic. Please note, the following information is provided for informational purposes only, and should not be construed as legal advice.
The Rundown: The vast majority of content reviewed on this subject urged caution. A number of exceptions exist within mandatory programs, including medical conditions, religious grounds and potential union bargaining (if applicable). Mandatory vaccination programs are subject to state and/or federal oversight (BOLI, OSHA, NLRB, EEOC) and can trigger program review and legal pitfalls, such as violating the Americans with Disability Act (ADA), the Genetic Information Nondiscrimination Act (GINA) and a host of potential medical, personnel and personal Data Privacy violations. Even if successful in navigating the external patchwork of state and federal agencies, an operator that chooses to adopt a mandatory vaccination program must then overcome internal operational issues, such as what steps must be taken when an employee chooses not to be vaccinated, how to then protect the rest of the workforce, reconfiguration of office space, schedule changes and the like. The Bottomline: While mandatory vaccinations are allowed, a mandatory vaccination program is not advisable. The downside seems too great of risk for operators large and small. Employers are encouraged however to promote employee self-education for vaccination acceptance, support voluntary vaccinations, follow the guidelines of local, city and state health authorities, provide their workforce the flexibility for designated group vaccination schedules and work with local Chambers and trade associations. Here is a list of resources providing information on vaccines in the workplace:
For questions, please reach out to your Regional Representative. Oregon should follow the lead of other states and eliminate total person restrictions
FOR IMMEDIATE RELEASE: March 11, 2021 Contact: Greg Astley, Director of Government Affairs, ORLA 503-851-1330 | Astley@OregonRLA.org Industry Operator Contact: Dean Griffith, President, Old Spaghetti Factory 503.550.9866 | Deang@osf.com Wilsonville, OR– The framework for mitigating Covid risk in Oregon across a variety of industries has come with a certain level of experimentation by the Oregon Health Authority as they determine business restrictions during the ongoing health emergency. One of those experiments not followed by virtually any other state is a total number of people cap including staff for indoor and outdoor restaurant operations. Oregon’s extreme risk category includes a limit of 50 total people outdoors including the restaurant staff with no consideration given to the amount of space the restaurant has available to keep physical distancing in place for customers. In Oregon’s high-risk category, indoor dining can open but for a total of 50 people indoors and 75 people outdoors including staff. “After consistently bringing this issue up with the Governor’s office with no change, we feel it is time to raise the alarm on industry restrictions that have no commonsense justifications,” said Greg Astley, Director of Government Affairs for the Oregon Restaurant & Lodging Association. “Like so many other states, we have repeatedly brought up percent capacity as the national standard for restaurant operations. Having an arbitrary total person cap on indoor and outdoor seating that for some reason does not take into account total square footage and also for some unknown reason includes staff who wear face coverings at all times is completely unacceptable.” With appropriate physical distancing between dining parties both indoors and outdoors based on percent capacity restrictions, Oregon could add a few thousand more jobs to our statewide economy right now. “Our family-owned Old Spaghetti Factory restaurants are having to turn former employees away from work and we don’t have a rational explanation for them as to why we can’t use the vast empty spaces in our dining rooms by following a percentage capacity model just like so many other states across the country,” said Dean Griffith, President of Old Spaghetti Factory. “These details matter as we continue vaccinating vulnerable Oregonians. In addition, including staff in our total person count while they wear face coverings at all times like other retail locations is pure discrimination against our industry. This total person cap rule should be rescinded as soon as possible which would bring Oregon more in line with other areas of the country.” States across the country continue to adopt clear percentage capacity restrictions on total number of customers for restaurant locations while making substantial progress against the virus. As cases continue to drop across the country, more data is becoming available showcasing little to no difference in virus mitigation in states with aggressive restrictions versus those who have kept businesses open. The latest example has been summarized in a New York Post article comparing California’s approach to virus mitigation in Florida. A link to that analysis can be found here. Industry operators across the state are growing increasingly impatient with the lack of adjustments to Oregon’s risk categories which could help the state’s second largest private sector industry save jobs and important components of local economies throughout the state. “The bottom line is this – restaurants should be open at 50% capacity right now across the state with physical distancing,” said Astley. “We’re tired of being left behind as Oregonians gather in private households with face coverings off compared to our controlled restaurant environments with commercial grade ventilation units. It’s time for a new chapter in the fight against Covid to acknowledge the strides we have made in vaccinating vulnerable populations.” For more information on the efforts of the Oregon Restaurant & Lodging Association please visit OregonRLA.org. ### The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which before COVID-19 provided over 180,000 paychecks to working Oregonians. Oregon hospitality positions are coming back online but where are the workers? FOR IMMEDIATE RELEASE: March 9, 2021 UPDATE: 3.17.21 - Response from the Oregon Employment Department Contact: Jason Brandt, President & CEO, ORLA 503.302.5060 | JBrandt@OregonRLA.org Wilsonville, OR– According to the Oregon Employment Department, approximately 136,000 Oregonians are actively looking for work. Even so, hospitality operators are having great difficulty finding applicants who follow through and take open positions within restaurant and lodging establishments in regions across the state. As vaccination rates continue to improve with more supply on its way, hospitality businesses are looking ahead to the busy Spring and Summer seasons with plans to bring some of the lost jobs in the industry back online. In a March article available on qualityinfo.org, regional economist Guy Tauer of the Oregon Employment Department describes the drop off experienced in the hospitality industry. “From December 2019 to December 2020 the leisure and hospitality sector shed 38.7% of payroll employment, compared with a loss of 9.1% across all Oregon industries.” With such a steep dive in employment numbers and substantially high levels of Oregonians searching for work, operators are expressing unexpected challenges in identifying their next teammates for crucial roles in their businesses. “Oregon’s restaurant and lodging industries get a bad rap due to the size and scope of entry level positions available within our industry,” said Jason Brandt, President & CEO of the Oregon Restaurant & Lodging Association.“But make no mistake – advancement opportunities in many companies across our industry are considerable for those pursuing careers beyond desired part-time work and those career opportunities can come with six figure salaries for managers in both restaurant and lodging settings.” Outside of career opportunities, the hospitality industry has long been acknowledged as America’s training ground where our youth and those returning to the world of work can hone their interpersonal skills. “Many Oregonians, including myself, started their career working in restaurants,” said Tauer. “Those skills, such as getting along with coworkers, showing up ready and able to put in a full shift, providing quality customer service and countless more, are essential and transfer to many other industries and jobs.” You can view Guy Tauer’s full article on the Oregon Employment Department website. Recently the Oregon Restaurant & Lodging Association reached out broadly to industry operators across the state to learn more about their challenges recruiting staff. The response was considerable. A small collection of responses from operators across Oregon regarding their workforce shortage challenges are noted below: “Hood River is a seasonal town. Our spring staff-up for restaurants is always a challenge. This year, however, is unlike any other. On top of the difficulties from COVID closures we face scarce options for capable hires. Our ability to recover, ultimately to survive this past year is at grave risk.” - Ben Stenn, Celilo Restaurant & Bar, Hood River “It has always been more difficult to recruit kitchen staff but now it's harder than ever. Even with a 50/50 tip split between front and back-of-the-house providing $25-$30/hr., applicants are few and far between. We have had a number of applicants tell us they are only applying so they can stay on unemployment. I feel like there needs to be more checks and balances to get people back to work and off unemployment as jobs are becoming available again.” - Colin Rath, Migration Brewing Co., Portland “Pig & Turnip as well as the business owners I have talked to recently are all struggling to find employees ready and willing to work. We currently have several job postings, and instead of the 75+ applications we normally get for a job, we have received two legitimate applications over the span of 12 days.” - Natalie Sheild, Sheild Catering and Pig & Turnip, Springfield “For the first time, in 27 years, I have positions in housekeeping and the front desk unfilled for almost a year. Never have I spent so much on ‘Help Wanted’ ads.” - Peggy Backholm, Bandon Inn, Bandon “Unemployment benefits and government stipends have made it excruciatingly difficult to rehire and hire people to work for our restaurants. Small, independently owned businesses like ours strive to pay competitively and continue to do so despite constraints mandates have put on how we can operate our restaurants. These difficulties make me fear for the likelihood of survival for in-state restaurants moving forward.” - Andy Rhine, Cascade Lakes Brewing Co., Bend “Like many of our colleagues in hospitality, we are currently experiencing some new challenges with recruiting. There were a number of individuals that switched industries during the early part of the pandemic when it became clear that it was a crisis that was not going to resolve quickly.” - Cari Shafer, Oxford Suites, Pendleton and Hermiston “We have been advertising available jobs since we opened again June 2020. It makes no sense that the Lincoln County unemployment rate is still high as most employers in the area are currently advertising for available work opportunities. This is the worst we have seen in 23+ years and we will have to shutter room inventory this summer if we are not able to fill available positions.” - Drew Roslund, Be Our Guest, Inc. and Overleaf Lodge & Spa, Yachats For a full list of responses from industry operators around the state (sorted by region), see below. “It is clear employers are anxious to welcome back new and former employees as the industry works to fill everything from low barrier to specialized positions,” said Wendy Popkin, Executive Director of the Oregon Hospitality Foundation charged with the advancement of careers in hospitality. “The challenge seems to be in getting the word out about available jobs and matching those opportunities to job seekers. Hopefully the latest job availability intelligence will help our industry continue to strengthen its relationship with the Oregon Employment Department as we seek to facilitate more connections between job seekers and growing opportunity in our state’s hospitality industry.” For more information on the efforts of the Oregon Restaurant & Lodging Association please visit OregonRLA.org. ### The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which before COVID-19 provided over 180,000 paychecks to working Oregonians. Hospitality Industry Responses on Workforce Shortages (by Region)
HOOD RIVER / THE GORGE “Yes, here in Hood River we are experiencing a hiring frenzy. Combine that with a workforce that can’t afford to live in Hood River and workforce that has been able to live off unemployment assistance and you have a recipe for disaster. Basically, while I appreciate the efforts, ‘the wheels of government turn slowly.’ While they are debating the newest relief package, employers are starting to look for new hires. What we need now is a program that will wean the labor pool off the government unemployment and get them back out there applying for jobs." - Andrew McElderry, Skylight Entertainment Inc, DBA Andrews Pizza-Skylight Theater-Hood River Cinemas, Hood River “Solstice is both feeling the pain of labor shortages for both the present level of business and for planning for the future. We currently cannot staff to the latest capacity allowances. Solstice needs guests in seats to recover from the last 12 months of revenue loss. We are very concerned that we will not be able to staff to our annual seasonal ramp up. Our survival is dependent on the anticipated Summer business. If we do not capture the business that is here in the summer months, we nervously enter the slow season with no cash reserves. This would leave us dependent on government subsidies, which we assume will have dried up by then. Over the last 12 months many of our tenured staff have decided to leave the hospitality business to seek out 9 to 5 jobs. In addition to those that have entirely left the sector, those who are currently unemployed are receiving higher government subsidized incentives to stay out of the workforce.” - Aaron Baumhackl, Solstice Wood Fire Cafe and Bar, Hood River “It’s a frustrating situation when you actually hire a cook and they don’t even show up (or call) on their start date. If we don’t have a cook, we don’t have a restaurant.” - Leslie VanSickle, The Dalles Country Club, The Dalles “Hood River is a seasonal town. Our spring staff-up for restaurants is always a challenge. This year, however, is unlike any other. On top of the difficulties from COVID closures we face scarce options for capable hires. Our ability to recover, ultimately to survive this past year is at grave risk.” - Ben Stenn, Celilo Restaurant & Bar, Hood River "We are only able to offer limited days and hours due to the shortage of applicants for all of our kitchen staffing needs. Until we can hire more staff, we are unable to fill our current reduced seating capacity and on line orders due to this shortage, as well." - Lisa Merkin, Pub General Manager, Full Sail Brewing Company OREGON COAST “We are definitely seeing an increased difficulty filling our positions… I fear we are creating a culture unreasonably dependent on assistance when the means to support themselves is available. The drain on those of us struggling to maintain businesses may very well crush so many that when people finally have to return to work, they may find they have waited too long." - Sharleen Hughes, Inn at Lincoln City, Depoe Bay “Finding quality employees on the coast is always a challenge but even more so now. With shuttered restaurants reopening, it has increased the challenge in a super tight labor force.” - Frank Squillo, Wanda’s Cafe + Bakery, Nehalem “I hope the Legislature will look at the honest intentions of employers to run their business safely in contrast to those who are abusing government programs.” - Mark Tolan, Seaside Vacation Homes, Seaside “Staffing shortages in our market is making operating our business effectively increasingly difficult. Affordable and available housing is one of the biggest challenges facing our industry as we seek to attract and retain employees.” - Diana Steinman, VIP Hospitality Group, Lincoln City [click "Read More" to view entire list of responses] 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  Add Your Video, Get Your Voice Heard The restaurant industry, more than any other in Oregon and the across the nation, has suffered the most significant sales and job losses since the COVID-19 pandemic began a year ago. State and federal lawmakers want to hear from our restaurant operators and employees about how the pandemic has impacted you and your business, what changes you’ve had to make, and what your outlook is like moving forward. These are important stories to share and we're helping to ensure they get heard by policymakers. The National Restaurant Association has created an easy platform for you to record a quick selfie video and share your story. The association will be assembling an advocacy video that illustrates what this industry has endured, why we are not giving up, and what our outlook is moving forward. They will then share the finished video with Congress, policymakers and influencers in Washington. ORLA would also like to share your stories with our state lawmakers. Please consider adding your voice to this powerful tribute to the hospitality industry.
If you have questions or concerns, you can reach out to your ORLA Regional Representative or contact our Director of Government Affairs, Greg Astley. A Total of 31 of Oregon’s 36 Counties Are Open for Indoor Dining as of Friday
FOR IMMEDIATE RELEASE: February 23, 2021 Contact: Jason Brandt, President & CEO, ORLA 503.302.5060 | JBrandt@OregonRLA.org Featured Industry Operator: John Barofsky, Co-Owner, Beppe & Gianni’s 541.517.5027 | Laperlapizzeria@live.com Wilsonville, OR– Oregon counties are on the move again with an announcement today by Governor Brown’s office lowering extreme risk levels for 10 counties which allows restaurants in those regions to open for indoor dining on Friday, February 26. “Oregon’s remaining metro areas surrounding the Salem area, Eugene area, and Medford area will be joining Portland Metro and the Bend area in bringing back indoor dining Friday,” said Jason Brandt, President & CEO for the Oregon Restaurant & Lodging Association. “Our operators are gearing up as we speak to make sure safety remains our number one priority for both industry employees and customers indoors. We are committed to doing this right to make employees and guests as comfortable as possible in bringing hospitality back to more of Oregon’s local economies.” The news today means approximately 91 percent of Oregonians will now have access to indoor dining in the county where they live. About 9 percent, or close to 386,000 Oregonians, still live in a county limited to take out, delivery, and outdoor dining options. Counties designated as extreme risk include Benton, Coos, Douglas, Jefferson, and Josephine counties. “We are happy to hear we have the opportunity to return to our business model which has always been reliant on full-service dining,” said John Barofsky, Co-Owner of Beppe & Gianni’s Trattoria in Lane County. “We have tried hard to keep most of our employees on the payroll throughout the pandemic but have had to cut hours to make that happen. Today’s news will allow us to increase the hours available to our workers by about 30 percent now that we have indoor dining coming back online.” Barofsky and other operators across the state remain leery about the duration of time they will be allowed to continue indoor dining operations. For example, some operators in Portland chose not to open on Friday, February 12 even though they were given the green light to proceed. The two issues cited most frequently in deciding to stay closed indoors were the challenges in recruiting workers to return to work and the uncertainty indoor operations will remain open as of Friday, February 26. The open/close structure does little to assist hard hit restaurants with planning efforts that could help their employees pay their monthly bills and avoid permanent business closures. Today’s announcement confirms that all counties previously allowed to open indoor dining on February 12 will be able to continue indoor operations with the one exception in Douglas County. “Some helpful news also included in today’s announcement is the number of restaurants that will be able to move to 50% indoor capacity from 25%,” said Brandt. “25% capacity is a real challenge for operators with smaller amounts of square footage in their business. Washington and Clackamas counties for example, are moving to moderate risk levels which means restaurants can move up to 50% indoor capacity or 100 total people indoors including staff, whichever is smaller. In addition, outdoor dining capacity in moderate risk counties moves up to 150 people.” Restaurants who continue to operate in high risk counties including Multnomah will be limited to 25% indoor capacity or 50 people total including staff indoors, whichever is smaller. Outdoor dining capacity expands slightly as well in the high risk category and allows for 75 people total outdoors compared to the 50-person limit in the extreme category. Oregon also has 3 new counties in the lowest risk category. Wasco, Lincoln, and Clatsop counties which can open at 50% capacity with no limitations on total number of people. In addition, restaurants in low risk counties can have as many as 300 people outdoors and stay open until midnight instead of 11pm like the other three risk categories. 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.  Click graph to download ORLA Continues to Support All Efforts Aimed at Comprehensive Decision Making
FOR IMMEDIATE RELEASE: February 15, 2021 Contact: Jason Brandt, President & CEO, ORLA 503.302.5060 | JBrandt@OregonRLA.org Industry Operator | Media Access to Paddy’s: Jim Hall, Independent Restaurant Concepts 503.232.8355 | jim@irc-nw.com Wilsonville, OR– As recently reported, applications for the next round of Paycheck Protection Program (PPP) dollars are well underway with Oregon’s hospitality businesses eager to secure funding through their lending institutions. The following analysis combines the latest vaccination rates in Oregon against the funding timeline associated with round two of PPP. “We feel it is incredibly important to look at the boost provided by PPP revenue for Oregon’s hospitality industry against the pace at which we are vaccinating Oregonians,” said Jason Brandt, President & CEO for the Oregon Restaurant & Lodging Association. “With 24 weeks available to use PPP, how many Oregonians are likely to be vaccinated at different intervals across that timeframe? We wanted to find out to provide one example of how crucial it is to engage in comprehensive decision making that considers our ongoing health interventions against a backdrop of Oregon’s local economies and employment opportunities.” Small business owners in the hospitality industry continue to report the onset of PPP will not on its own save their business but without it, the next 24 weeks would have been disastrous. “I have different small business restaurant and bar locations across Portland and PPP is going to be a difference maker in keeping most if not all of those locations in play,” said Jim Hall, Co-Owner of Independent Restaurant Concepts. “My two downtown locations, Paddy’s and the Independent, have been the hardest hit. I need our state leaders to commit to processing these economic realities and make sure their decision-making includes these types of assessments. It is near impossible to plan for the revival of these locations which brings jobs and hours back to my co-workers without a longer-term framework from state leaders.” ORLA’s assessment took the total number of Oregonians receiving their first Covid vaccination dose as of February 15 and overlayed the daily vaccination goals promoted by the Oregon Health Authority against 24 weeks of PPP funding. The vast majority of PPP applicants are still waiting for the official transfer of funds so the model assumes the week of February 15 as the first of 24 weeks when PPP revenue can be expended within applicable rules in order for the loan to be forgiven by the federal government as a grant. The following model shows projected timelines associated with vaccination rates as PPP funds are utilized to keep small businesses afloat. Population breakdowns were provided by Oregon’s Office of Economic Analysis with the assistance of State Representative Brian Clem. “The projections represented in our analysis show how important it will be to create more flexibility for Oregon’s hospitality businesses as money from the second round of PPP starts to run out,” said Brandt. “There is good news represented here in showing when we might expect to see additional opportunities to bring back more jobs for Oregonians as we hit vaccination milestones over the course of the coming weeks and months.” 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. A new law signed in late December 2020 makes hospitality businesses eligible for an employee retention tax credit, even if they received a PPP loan. Now, for any calendar quarter between March 13 and Dec. 31, 2020, a restaurant with 100 or fewer full-time employees may be able to access the Employee Retention Tax Credit (ERTC) of up to $5,000 per employee. And, for the first two quarters of 2021, Jan. 1–March 31, and April 1–June 30, businesses with 500 or fewer full-time employees may be able to access ERTC of up to $7,000 per employee per quarter. Read more from the National Restaurant Association: Big tax credits to restaurants could support employee retention FAQ on the Employee Retention Credit
(The following information provided by Cross Financial) The eligibility criteria outlined below is referring to the Employee Retention Credit as it is revised in Bill HR 133, Taxpayer Certainty and Disaster Tax Relief Act of 2020, signed December 27, 2020. This went into affect January 1, 2021 and ends June 30, 2021. While the IRS has yet to update their webpages on the ERC, the changes outlined in the bill are as follows:
Employers need to make sure they do not claim wages that were used for family leave, PPP or other Cares act related credits. In other words, no double dipping. Employee Retention Credit 2020 (ended Dec 31, 2020) An employer with one employee making $12,000 within a quarter would be permitted to use 50% of $10,000 so the max annual employee limit of $5,000 against applicable employment taxes, if there was not enough taxes to offset against, a refund would be calculated at the time of filing form 941, or a refund can be requested earlier by filing form 7200. 1 Employee x $12,000 in quarterly wages = $12,000 $12,000 - $10,000 (max qualifying wage amount) = $10,000 $10,000 x 50% (eligible credit percentage) = $5,000 employee retention credit (ERC) $5,000 in ERC - $ (employment taxes) = Refund amount if credit exceeds employment taxes for the quarter. Employee Retention Credit 2021 (ends June 30, 2021) The Employee Retention Credit as it is revised in Bill HR 133, Taxpayer Certainty and Disaster Tax Relief Act of 2020, signed December 27, 2020 outlines updates for the calculation of the ERC. This went into affect January 1, 2021 and ends June 30, 2021. An employer with one employee making $12,000 within a quarter would be permitted to use 70% of $10,000 so the max quarterly employee limit of $7,000 against applicable employment taxes. If there is not enough taxes to offset against, a refund would be calculated at the time of filing form 941, or a refund can be requested earlier by filing form 7200. 1 Employee x $12,000 in quarterly wages = $12,000 $12,000 - $10,000 (max qualifying wage amount) = $10,000 $10,000 x 70% (eligible credit percentage for Q1) = $7,000 employee retention credit (ERC) $7,000 in ERC - $ (employment taxes) = Refund amount if credit exceeds employment taxes for the quarter. 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. The State’s Most Diverse Industry Pushes to Bring Jobs Back Now
FOR IMMEDIATE RELEASE: February 2, 2021 ORLA Board Chair: Masudur Khan, ORLA Board Chair 248.910.8170 | mkhan@seasidelodgingllc.com ORLA Board Member: Harish Patel, President, Florencein, Inc. 503.443.4686 | harish@flcnw.com Wilsonville, OR– Oregon’s restaurant and lodging industries carry the distinction of having 17.1 percent of its employment base represented by people of color, the highest share of any industry in the state. Yet, Oregon’s foodservice and accommodations sector continues to reel from disproportionate restrictions forced upon these small businesses and their employees. “At this time there is a heightened sense of social unrest with racial inequities,” said Harish Patel, President of Oregon hospitality company Florencein, Inc. “The current leaders in the State of Oregon are throwing a blind eye and are out of touch with the industries they are continuing to restrict.” According to the Oregon Employment Department’s website, the Accommodation and Foodservice sector reached a historic high of 193,204 employees in August of 2019. According to the latest available data from December of 2020, the sector now employs 119,400 representing a staggering 38 percent drop in jobs. “The ORLA Board of Directors and our professional leadership do not question the role of public health interventions, but we fail to see an additional benefit to business closures,” said Masudur Khan, Chair of ORLA’s Board of Directors and Owner of Seaside Lodging LLC. “Studies show these ongoing restrictions on our hotels and restaurants damage our important work in providing equity and opportunities to people of color here in the State of Oregon.” A new study by the Bureau of Economic Research with participation by academic experts from Duke University, John Hopkins University, and the Harvard Medical School concluded the long-term loss of life over the period of the next 15 years could far surpass those we have lost directly to Covid. That study is available for download through the following link and provides comprehensive analysis on the impacts of unemployment for all with an emphasis on underrepresented populations: https://www.nber.org/system/files/working_papers/w28304/w28304.pdf “Our results suggest that the toll of lives claimed by the SARS-CoV-2 virus far exceeds those immediately related to the acute COVID-19 critical illness and that the recession caused by the pandemic can jeopardize population health for the next two decades,” the researchers said. In addition, studies from past decades have concluded there is a correlation between increased unemployment and higher death rates citing a 1.2 percent increase in mortality for every 10 percent rise in the number of people unemployed, according to Harvey Brenner in his 1979 study titled ‘Influence of the Social Environment on Psychology.’ An article published by the Oregon Employment Department in November of 2020 sums up the challenge and its impact on the Oregon hospitality industry stating the following: “Unfortunately, the industry that is the most racially diverse, and the second most ethnically diverse, is having a difficult time recovering after the initial COVID-19 impacts.” ORLA continues their call for a return to limited indoor dining statewide in perpetuity as one of the most crucial steps that can be taken now to counteract the increasing toll government restrictions are having in real time on the livelihoods and health of Oregonians. “We have all heard the saying ‘we are all in this together’ as we have worked to fight against the virus,” said Jason Brandt, President & CEO for the Oregon Restaurant & Lodging Association. “That is simply not the case. We are certainly all in the same storm together, but we need to be honest with ourselves about what vessels the good people of Oregon are in as they try to weather that storm. Some are in cruise ships while others struggle to turn over their capsized kayak. There are too many capsized kayaks right now in Oregon’s hospitality industry.” For more information on the efforts of the Oregon Restaurant & Lodging Association please visit OregonRLA.org. ### The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which before COVID-19 provided over 180,000 paychecks to working Oregonians. 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. Changes to the Payroll Protection Program will assist with Oregon’s industry survival rate
FOR IMMEDIATE RELEASE: January 29, 2021 Contact: Jason Brandt, President & CEO, ORLA 503.302.5060 | JBrandt@OregonRLA.org Featured Industry Operator | On-Site Access: Shannon McMenamin, McMenamins 503.804.3556 | Shannonm@mcmenamins.com Wilsonville, OR– Applications continue to be submitted in real time for the next round of Paycheck Protection Program (PPP) dollars available to Oregon hospitality operators through the passage of the federal government’s $908 billion Coronavirus relief package. “The changes negotiated on behalf of our nation’s hospitality industry are considerable and will directly assist small businesses in their push to survive the prolonged nature of the COVID-19 crisis,” said Jason Brandt, President & CEO for the Oregon Restaurant & Lodging Association. “Oregon’s hospitality businesses have been applying at a feverish pitch for the program in partnership with their lending institution and the benefits of round two are considerably better compared to the benefits of round one.” A number of boosts from the federal government should make a considerable difference in the number of hospitality businesses able to hold on–although hundreds if not more are still expected to permanently close their doors in Oregon alone. Recent benefits secured include:
“Local, family-owned businesses like us (McMenamins), that have grown up here in Oregon will find it increasingly difficult to stay afloat if the current relief measures are not combined with more sustainable operations,” said Shannon McMenamin who helps lead the family business of pubs, breweries and historic hotels. “We are incredibly limited in what we can do to keep our people employed in an unpredictable environment without more flexibility from Governor Brown and her professional staff. I know we can provide some indoor dining safely right now.” Brandt echoed the call for more sustainable options for the hospitality industry as the state association continues fielding calls from small businesses across the state in need of more flexibility. “Outside of PPP support the industry in Oregon continues to have considerable concerns about the path back to sustainable operations,” said Brandt. “PPP will help a significant number of small businesses fight through the coming months, but the importance of effective and efficient vaccine distribution can’t be overstated. It’s the key ingredient to helping propel statewide consumer demand and we remain hopeful that pent up demand will be our new best friend.” 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. 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.  “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. [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.
[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:
Important Timelines to Remember:
*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:
[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.
Effective Date: November 16, 2020 to May 4, 2021
Delayed Effective Dates:
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.
(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.
(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.
Please take action and make a difference if you can.  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:
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. ### 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. 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:
Written Testimony:
Oral Testimony (Live Remotely):
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. 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. ### 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: |
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