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Hospitality Operators are Encouraged to Help Staff Get Vaccinated
FOR IMMEDIATE RELEASE: May 11, 2021 Contact: Greg Astley, Director of Government Affairs, ORLA 503.851.1330 | astley@oregonrla.org Wilsonville, OR– Governor Kate Brown’s announcement today that once 70% of the state’s residents 16 and older have received at least one dose of the COVID-19 vaccine she’ll eliminate most statewide restrictions meant to thwart the spread of the disease, is welcome news to Oregon’s hospitality sector. “Oregon’s hospitality industry has been repeatedly hammered by the openings, closings, and changes to how we can operate over the last 13 months,” said Greg Astley, Director of Government Affairs for ORLA. “Hearing the plan for Oregon’s restaurants to be able to fully reopen and welcome back guests gives hope to those who have remained closed since the beginning of this pandemic and those who have struggled to remain open and keep people employed.” The Governor’s plan includes the lifting of limits on seating capacity for restaurants, bars, and other venues previously impacted by the risk levels. It also means no counties would remain under the current risk level tiers based on rates of infections. Physical distancing and face-covering mandates while indoors may still be in place for some time. The Governor has stated she will follow recommendations from the Centers for Disease Control and Prevention as to when face coverings may no longer be required. “ORLA is encouraging restaurants to help employees find vaccination sites for themselves and their families,” said Astley. “The sooner we can meet the goal of having 70% or more of Oregonians partially vaccinated, the sooner we can open back up our dining spaces and welcome guests back in to share food and make memories with their families and friends.” ### 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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[May 7, 2021] - ORLA Updates in Government Affairs Work
Press Conference Friday - Governor Brown focused her comments largely on the same talking points that were used in her response to ORLA and close to 80 county commissioners around the state who are pushing back on her latest round of restrictions. She confirmed her position the restrictions we are using for the Extreme Risk level still are the appropriate actions to mitigate virus spread and save lives. As you can see in national news, the media is picking up on how Oregon has become an outlier on economic restrictions at this stage in the pandemic. Legislative Bill Tracking - The latest bill tracking list is posted online on the ORLA website. It has been relatively quiet in the Legislature given where we are in the session. Many are waiting for the May Revenue Forecast to be released next week which lays the final reality for the state’s biennial budget which starts on July 1. For a deeper dive on bills and to join the weekly advocacy conversation reach out to our Director of Government Affairs Greg Astley. Oregon OSHA Update - Earlier last week, the House Committee on Business and Labor and the Senate Committee on Labor and Business sent a letter to the Department of Consumer and Business Services (DCBS) and Oregon OSHA requesting review of the proposed Rules Addressing the COVID-19 Public Health Emergency in All Oregon Workplaces. Read the response from OR-OSHA and DCBS regarding their intentions and authority to adopt the rule as of May 7, 2021. What to Expect with RRF - Over 186K entities applied in the first 36 hours of RRF. SBA released tips for RRF applicants waiting for word on their grant submission. We summarized the information below:
[May 4, 2021] - Some Good News to Share
The announcement released by Governor Brown today provides good news to the 15 counties currently in the Extreme Risk category as all 15 return to High Risk this Friday, May 7, and resume indoor dining. Governor Brown stated, “Based on today’s numbers, I am keeping my commitment to Oregonians. Beginning Friday, all counties in Extreme Risk will return to High Risk. With Oregonians continuing to get vaccinated each week, my expectation is that we will not return to Extreme Risk again for the duration of this pandemic."
COVID-19 closures and restrictions on indoor dining have been clobbering Oregon’s restaurants, bars and hospitality sector. The constant yo-yoing of closures and restrictions targeted at restaurants has made it impossible for these local businesses to plan during a time when they’re already struggling to survive. This is a positive development for these local businesses that are part of our livelihoods but they still need stability and predictability to continue to survive. Thank you for supporting your local restaurants on one of the biggest days of the year, Mother's Day.
[April 30, 2021] - ORLA Update: Letter from the Counties, OSHA Rule, What ORLA's "Doing,” and the RRF
ORLA Joins County Commissioners in Letter to the Governor - Earlier this week, Associated Oregon Counties (AOC) submitted a letter to Governor Brown asking her to remove state mandated business restrictions. The letter was signed by AOC, ORLA and close to 80 county commissioners from across the state. Read the County Commissioners’ letter and the Governor's response letter here. What’s ORLA “Doing?” - ORLA’s latest action Alert email was sent out to members earlier this week. Included in the communication are ways for our members to mobilize, participate in an online poll from OregonLive, flyers for businesses to mobilize customers and employees, and all the information we’re responsible for getting out so the industry knows what changes they need to make with the new restrictions and timelines associated with them. If you know of anything else we could be doing on top of what’s currently going on, please don’t hesitate to share feedback. OSHA Update and Letter - The expiration of the OSHA temporary rule relating to Covid is here next week. The purpose of this letter is to request formal hearings under ORS 183.335 to provide the Legislative Assembly with the opportunity to review OR-OSHA’s proposed permanent rule related to COVID-19, and to determine its compliance with the legislation from which the proposed adoption, amendment or repeal results. It is our expectation that the practical impacts of this letter are as follows:
Workers? Where are They? - This will be an ongoing debate about how many of our former workers are sitting on the sidelines versus how many have left for other jobs (think distribution facilities like Amazon, manufacturing facilities, etc.). See the Oregon Employment Department’s latest take on where we are and what they can decipher from the data if you’re interested in digging deeper. RRF Grant Application - The Restaurant Revitalization Fund application process opens this Monday, May 3. If you’re applying (20 locations or less to be eligible), get your paperwork in order this weekend! Everything you need to prepare if right here – we did a webinar on this with SBA, NRA and a few other states yesterday:
[April 27, 2021] - 15 Counties Moving to Extreme Risk
Today’s announcement by Governor Brown will result in yet another round of indoor dining closures in many counties across Oregon. As kids continue gathering back at school and cases continue to be tracked back to places of worship, education institutions, manufacturing facilities, private social gatherings and health care settings, somehow it has been decided Oregon’s restaurants are responsible and therefore must close indoors in specific counties. We remain dismayed by the ongoing fallacies in decision making taking place at the highest levels of our state government. Oregon’s hospitality industry has already done so much to help mitigate virus spread and the latest announcement feels to many of us as one round of restrictions too many – especially with highly effective vaccines readily available for Oregonians. As of Friday, April 30, 15 counties will be moving backwards into Extreme Risk and indoor dining shutdowns by order of the Governor. The the next county assessments are expected on Tuesday, May 4. You can view the latest county by county data sets here. You can make a difference in the following ways to make sure your story is shared with those responsible for implementing ongoing restrictions on your livelihood and the livelihoods of your teammates:
[April 19, 2021] - RRF Sample Application Now Available, Media Outreach on Critical Issues
SBA Sample Restaurant Grant Application Now Online - The SBA released technical guidance and a sample application for the Restaurant Revitalization Fund. The SBA will not begin accepting applications until later this month, but the release of these documents allows restaurant operators to see the application and begin organizing documents. The National Restaurant Association has prepared an excellent FAQ document to provide support for restaurant owners. It will be updated later this week to reflect the specifics of this application. ORLA is working with the National Restaurant Association on a webinar to answer your questions in the coming weeks. More Closures in March - We hit the media with 2 press releases this week. The first was focused on our reality that even though we all might be tired of Covid, the pandemic is certainly taking its toll on our industry and will continue to do so. In other words, don’t forget about the challenges remaining in the hospitality industry and please have patience as we struggle with a workforce shortage crisis within the pandemic. That press release sent out last week can be accessed here: 190 More Permanent Restaurant Closures in March. Press Release on UI Tax Relief - House Bill 3389, our unemployment insurance tax relief bill (and one of our top priorities in the 2021 legislative session) moved out of the House and to the Senate on Thursday last week. We of course want the deferral and forgiveness components for your 2021 tax hikes improved beyond the current deferral and forgiveness levels. We will be pushing for that in the Senate. As mentioned in last week's press release, the big win in the current version of this bill is getting all your unemployment tax rate levels back to your 2020 levels for 2022, 2023, and 2024 which is a very big deal. You can view our press on this here: More Relief Anticipated for Oregon Hospitality. Business Coalition on Federal Revenue - There are a few issues (OSHA regulations and American Rescue Plan dollars from the federal government coming to Oregon) which represent opportunities for ORLA to partner with a broader coalition of business partners working hard to keep Oregon’s economy moving. Read our latest coalition letter on the importance of the dollars coming to Oregon and how those dollars can be strategically used to help bolster Oregon’s economic recovery. There are a great deal of competing priorities for federal funds and Oregon’s business coalition wants to make sure the opportunities for economic investments are heard and have an opportunity to be considered by the Governor’s Office and Oregon’s legislature.
[April 12, 2021] - The Latest on Vaccine Appointments and Self-Service Regulations
Vaccination Intelligence - We've been in touch with Salem Health’s Chief Project Officer on Covid vaccines a few times this past week to make sure we are doing everything we can to connect interested frontline workers with their vaccine appointments. Approximately 25% of the vaccines being administered at the Oregon State Fairgrounds by Salem Health are for people outside the Salem area and their process seems to be dialed in. If you are still working to connect your staff with a vaccine appointment take advantage of these steps.
Self-Service Shenanigans - ORLA continues to push for changes to our self-service restrictions (i.e. frozen dessert self-service locations / salad bars / self-service continental breakfasts in hotels). This week, the CDC came out with new information stating the risk of transmitting Covid from surfaces is 1 in 10,000. In an email communication with the Governor’s Office and Dr. Sidelinger, we asked again that they please take another look at this restriction given the CDC article. It appears the new CDC article may help in providing some flexibility based on their response today. We’ll keep you posted on any changes. Redistricting Timeline Extended for Oregon - There is a new deadline for our state leaders to finalize the process of drawing the lines associated with each legislative district in Oregon. The new deadline is September 27, 2021 and will provide the extra time needed to incorporate the 2020 Census changes in Oregon. View the press release regarding the Oregon Supreme Court decision.
[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] The Governor’s announcement ending Extreme Risk in 15 counties will help restaurants at a critical time ahead of Mother’s Day – typically the top sales day of the year.
FOR IMMEDIATE RELEASE: May 5, 2021 Contact: Jason Brandt, President & CEO, ORLA 503.302.5060 | jbrandt@oregonrla.org Wilsonville, OR– Oregon restaurants struggling to survive welcome Gov. Kate Brown’s recent announcement ending the Extreme Risk category for 15 counties, allowing them to resume some indoor dining ahead of their busiest day of the year – Mother’s Day. On Tuesday, Gov. Brown stuck to her commitment to use statewide metrics announcing that because COVID-19 hospitalization rates have leveled, restaurants and their patrons can return to limited indoor dining starting Friday, May 7. “With Oregonians continuing to get vaccinated each week, my expectation is that we will not return to Extreme Risk again for the duration of this pandemic,” Brown said. This is welcome news to the thousands of local restaurants barely holding on during the pandemic recession.Oregon has seen more than 1,000 restaurants close in the past year. “With indoor dining coming back online across Oregon, ORLA’s focus now moves to two crucial fronts – supporting efforts to continue relaxing restrictions and finding solutions for lodging and restaurant employers struggling to get their employees back on the schedule,” said Jason Brandt, President & CEO of the Oregon Restaurant & Lodging Association. “The workforce shortage crisis is the challenge of our day outside government restrictions and it’s a national crisis. We look forward to working with our national partners on legislation to turn extended unemployment benefits through September into upfront cash bonuses to accelerate the industry’s recovery.” Restaurant and lodging operations continue to take all necessary precautions to ensure the safety of their employees and customers. Oregon public health officials have confirmed only 3% of the new COVID-19 cases were traced back to restaurants and bars while most of the new cases are attributed to schools. “Now that everyone older than 16 is eligible, help us move away from future government restrictions by getting vaccinated. And please continue to support local restaurants this Mother’s Day by celebrating at your mom’s favorite place,” said Brandt. 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. National Restaurant Association Statement on the Opening of the Restaurant Revitalization Fund5/4/2021
Contact: Vanessa Sink
National Restaurant Association vsink@restaurant.org FOR IMMEDIATE RELEASE Washington, D.C. (May 3, 2021) – Today, the $28.6 billion Restaurant Revitalization Fund (RRF) began accepting grant applications. Tom Bené, President & CEO of the National Restaurant Association released the following statement about the launch of the federal relief program: “Today’s launch of the Restaurant Revitalization Fund provides long-awaited hope for tens of thousands of restaurants who are on a long path to recovery. The U.S. Small Business Administration (SBA) has done admirable work in creating a totally new relief program in just two months, and we appreciate our strong partnership with them. “The question on the minds of many is what happens when applications outpace the available funds. Restaurants are operating in an uncertain environment, with continued needs to restore customer confidence in their safety and to bring workers back into the economy. We will continue to work with policymakers to secure a comprehensive set of solutions, including additional funding for the RRF.” The restaurant industry has been the hardest hit during the pandemic. Between March 2020 and April 2021, restaurant and foodservice sales were down $280 billion from expected levels and 110,000 restaurants have closed permanently or long-term. For nearly 15 months, securing industry-specific recovery grants has been the primary goal of the National Restaurant Association. Because funds are limited, the Association encourages all eligible applicants to apply as soon as possible. While priority groups will have 21 days of priority access, applications from all eligible applicants will not be ruled ineligible if they apply during the prioritization period. The SBA will coordinate the time of submission to determine the order of grant distribution. Resources for operators:
### About the National Restaurant Association Founded in 1919, the National Restaurant Association is the leading business association for the restaurant industry, which comprises 1 million restaurant and foodservice outlets and a workforce of 15.6 million employees. We represent the industry in Washington, D.C., and advocate on its behalf. We sponsor the industry's largest trade show (National Restaurant Association Show); leading food safety training and certification program (ServSafe); unique career-building high school program (the NRAEF's ProStart). For more information, visit Restaurant.org and find us on Twitter @WeRRestaurants, Facebook and YouTube. Restaurant Operators Remain Baffled by Disproportionate, Inequitable Restrictions
FOR IMMEDIATE RELEASE: May 3, 2021 Contact: Jason Brandt, President & CEO, ORLA 503.302.5060 | jbrandt@oregonrla.org Wilsonville, OR– This past week, Oregon State Epidemiologist Dr. Dean Sidelinger provided a COVID update to the Oregon Senate Committee on Health Care alongside Oregon Health Authority Director Patrick Allen. As part of the official testimony, Dr. Sidelinger and Director Allen were asked a series of questions by members of the State Senate serving on the committee. Of particular importance was the answer to a question about environments deemed responsible for increased case counts. Dr. Sidelinger referenced spread in multiple settings and cited 257 new outbreaks during the course of the past week. He said 30% of cases are attributed to single case outbreaks associated with schools, 12% are attributed to two or more case outbreaks associated with schools, 4.5% of cases are attributed to recreational sports and sports teams, and only 3% are traced back to restaurants and bars. Director Allen also shared 60% of cases are sporadic with no additional information about where they originated. Testimony continued including a summary statement from Director Allen who stated, “kids going back to school has led to more coronavirus, just not in school. It’s everything around it.” If restaurants are not a leading cause of spread, owners and operators across the state are baffled why thousands of restaurants in 15 counties have indoor dining bans. “It is clear from testimony that schools, not restaurants, are driving the overwhelming majority of new COVID cases,” said Jason Brandt, President & CEO of the Oregon Restaurant & Lodging Association. “Nonetheless, restaurants, which are taking the necessary precautions to ensure the safety of their employees and customers dining indoors, are shut down indoors at thousands of locations across 15 counties despite a lack of evidence to suggest they’re the source of spread. You can’t justify putting thousands of people out of work in an entire sector of the economy when there’s no evidence it’s contributing to the spike in cases. It makes no sense.” While the Restaurant Revitalization Fund will help some restaurants, the demand and urgency for aid far outpaces the amount of funding available. The Small Business Administration admitted they expect the federal funds to go quickly as restaurants across the country struggle. 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. FOR IMMEDIATE RELEASE: April 27, 2021
Contact: Jason Brandt, President & CEO, ORLA 503.302.5060 | jbrandt@oregonrla.org Yet again, Oregon Governor Kate Brown punished local restaurants announcing another wave of indoor dining bans in 15 counties starting Friday, April 30. Current coronavirus outbreaks as reported by the Oregon Health Authority have been tied to education institutions, health care settings, private social gatherings and manufacturing facilities. However, Oregon’s plan and ongoing risk categories continue to target and penalize restaurants, gyms, and fitness centers as the predominant set of restrictions deemed necessary to mitigate virus spread. There have been no super spreader cases tied to these environments at any point in the over 13-month pandemic in Oregon. “Restaurants are taking the necessary precautions to ensure the safety of their employees and customers dining indoors,” said Jason Brandt, President & CEO of the Oregon Restaurant & Lodging Association. “It is impossible to run a restaurant two weeks at a time let alone one week at a time which is now Governor Brown’s plan for the coming weeks. The move by the Governor’s Office is tone deaf and offensive to tens of thousands of Oregonians working in restaurants and bars across our state attempting to pay their bills. COVID-19 closures and restrictions on indoor dining are clobbering Oregon’s restaurants, bars and hospitality sector. We’ve seen more than 1,000 close because of the pandemic recession. The uncertainty and arbitrary nature of targeting restaurants has made it impossible for these local businesses to plan during a time when they’re already struggling to survive. The Governor should stop blaming restaurants as the source of COVID-19 spikes. It is blatant discrimination against our local businesses. Instead, we should focus on what we know will work – vaccinating all Oregonians.” Despite no evidence or correlation between COVID-19 case spikes and restaurants, 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. Meanwhile, more than 1 million Oregonians have been fully vaccinated. In addition, the Governor’s Office moved away from their normal practice of reviewing hospitalizations based on weekend data and instead used data from Monday which included over 300 hospitalizations in Oregon. “The field of play keeps changing. We were under 300 hospitalizations all weekend but apparently that doesn’t matter anymore. The constant yo-yoing of closures and restrictions in Oregon are driving people to have multi-family gatherings at home indoors. The level of ongoing suffering being experienced by the hospitality industry is hard to quantify with the constant myopic focus on restricting restaurants and gyms as a way to effectively manage our ongoing COVID crisis,” Brandt said. Restaurants have only three days to try to adjust their businesses, dispose of perishable food and reduce staffing again. In addition, restaurants will not be able to order food, schedule employees, or plan out their operating hours in advance as weekly changes are implemented by the Governor’s Office. While changing outdoor capacity from 50 to 100 people will help some restaurants, it won't provide much needed flexibility for most. “The industry desperately needs their #1 sales day coming up on Sunday, May 9. Indoor dining restrictions for a second Mother’s Day in a row would be the ultimate blow to our local restaurants struggling to survive,” Brandt said. 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. 
FOR IMMEDIATE RELEASE 4/20/21
Contact: Jason Brandt 503.302.5060 | JBrandt@OregonRLA.org [Wilsonville, OR] – The Oregon Restaurant & Lodging Association proudly announces the second-year launch of the Oregon Tourism Leadership Academy (OTLA), developed in partnership with the Oregon Destination Association and Travel Oregon, and led by the industry’s top experts. The annual experiential learning program is targeted to public and private sector tourism professionals who are seeking to polish their leadership and professional skills, continue to grow their career accomplishments, and make positive and lasting contributions to the state’s tourism economy and its success. “Our vision is to bring together tourism professionals from all walks of life to strengthen the interconnectivity within the industry while elevating new leaders who will help move our state forward,” said Jason Brandt, President & CEO for the Oregon Restaurant & Lodging Association. “The academy will continue to bring lasting personal and professional benefits to those who participate.” Tourism professionals currently participating in the first-year class continue to follow all health and safety guidelines as they approach program conclusion in September. The second-year class will launch in July and conclude in the Spring of 2022. View a roster for the second-year class below. Curriculum, field visits, and hands-on experiences are strategically designed to support and align with the state’s tourism goals and objectives which include four Strategic Imperatives:
The OTLA experience is designed for professionals currently serving Oregon’s tourism and hospitality industries. Interested program participants should have supervisory, managerial, or executive responsibilities in either the private or public sector. Applications from industry professionals who will soon be responsible for similar levels of responsibility are also encouraged to apply for the academy program. The strategic imperatives outlined above will serve as the program’s core themes each year. Each theme will receive focus as a part of four multi-day experiential learning programs designed to provide academy participants with comprehensive educational experiences. Each year, approximately 20 academy participants will immerse themselves in the academy’s professional development curriculum alongside industry experts and facilitators.
For more information on the Oregon Tourism Leadership Academy, visit OregonRLA.org/otla
### 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.
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. 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. 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. 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.
Update: December 2019 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:
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. International Society of Hotel Associations Honors ORLA and Portland Lodging Alliance with 2020 Award of Excellence
FOR IMMEDIATE RELEASE: November 23, 2020 Contact: Christina Pappas | 1-617-536-0590 BOSTON, MA - The International Society of Hotel Associations (ISHA) announced its Awards of Excellence, honoring the Oregon Restaurant & Lodging Association and Portland Lodging Alliance for their Hospitality with Heart downtown cleanup events. In September 2020, ORLA’s Portland Lodging Alliance teamed up with SOLVE Oregon, the Portland Business Alliance, Clean & Safe, Travel Portland, and the City of Portland for the 2nd annual Hospitality with Heart litter cleanup event, bringing over 500 volunteers and community members together to improve the wellbeing of our city. Since then, the Portland Lodging Alliance has been helping coordinate monthly cleanup events. The ISHA Awards of Excellence recognizes those lodging associations who have had exceptional programs in the areas of Communications, Events and Fundraising, Government Affairs, Member Programs and Public Relations over the past year. The Awards of Excellence winners include:
“ISHA is pleased to recognize these six award winners,” stated Christina Pappas, Executive Director of ISHA. “While the majority of the programs focus on pandemic response to members and the industry, these programs truly help set the standard for others to follow.” ISHA presents the annual Awards of Excellence for the best lodging association programs and services and are widely recognized as the best of the best within the hotel and lodging association industry representing innovation and creativity that has brought tangible results to the association and its members. Award winners receive complimentary registration to a future ISHA Conference. ### ISHA provides professional development and networking opportunities for lodging associations, and represents the unified voice of state lodging associations in collaboration with our national industry partners. For more information visit www.isha.biz.  Confidential, No-Cost Advisor Network Made Possible by Coronavirus Relief Funds
FOR IMMEDIATE RELEASE: November 18, 2020 Contact: Terry Hopkins, Regional Representative, ORLA 541.441.2219 | THopkins@OregonRLA.org Wilsonville, OR– The Oregon Restaurant & Lodging Association (ORLA) and Oregon’s Small Business Development Center (SBDC) Network are pleased to announce the launch of a new, no-cost, one on one confidential advisor network. The Oregon Restaurant Covid Assistance Program includes a network of seven professional restaurant consultants ready to assist industry operators with ongoing challenges posed by the pandemic. “We feel a strong sense of urgency to build program awareness now as independent restaurant operators wrestle with what comes next,” said Terry Hopkins, Regional Representative for the Oregon Restaurant & Lodging Association. “It is time for operators to engage in an exercise of humility because no one is bigger than COVID-19 and every single operator can benefit from an additional expert perspective.” Focal areas for advisor support were determined by a mass survey of restaurant operators earlier this fall. Results from survey feedback resulted in the following core areas of concentration:
Advisors are standing by to engage in confidential consulting conversations and are paid through SBA CARES Act relief funds authorized by the Emergency Board of the Oregon Legislature. Restaurants operators participating in the program will incur no cost for services rendered. “It was incredibly important to us to prop up a program that allows operators to sign up in less than 5 minutes to access these free top-tier consulting services,” said Hopkins. “We know this will prove to be a unique opportunity for restaurant operators who choose to take a leap of faith and engage an advisor. We can save independent restaurants in this state by sharing expertise and resources that assist our small businesses in finding a path forward.” To sign up for advisor connectivity and to review the list of participating advisors, visit: Oregonsbdc.org/orca. ### 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. The Oregon Small Business Development Centers work in partnership with the Oregon Restaurant & Lodging Association in providing vital assistance to Oregon's restaurants. 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:
“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:
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. ### 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.  Hospitality and Tourism Professionals to Embark on Experiences of a Lifetime
Wilsonville, OR – In partnership with Travel Oregon and the Oregon Destination Association, the Oregon Restaurant & Lodging Association (ORLA) is proud to announce the launch of Year 2 for the Oregon Tourism Leadership Academy (OTLA). Participants will begin their first multi-day program experience in Eastern Oregon, April 28-30, 2021, pursuing in-depth experiences and knowledge that will elevate their passion and excitement for our state’s extraordinary offerings. The deadline to apply for the class launching in 2021 is Friday, December 4, 2020. “Much has changed in our world since the inception of the program and we're seeing incredible things happen with the current program participants who are half way through the inaugural year experience," said Jason Brandt, President & CEO for the Oregon Restaurant & Lodging Association. "The value of program experiences and professional connectivity created by the program will provide lasting benefits to those accepted to the program each year.” OTLA has spent great deal of time and attention into keeping all participants safe in the age of COVID-19 and are committed to refining all logistics and experiences each year to protect the integrity of the program and the value it brings to those involved. The Oregon Tourism Leadership Academy is a new experiential learning program targeted to tourism professionals seeking to polish their leadership and professional skills and make positive and lasting contributions to the state’s tourism economy. An advisory committee of tourism industry representatives helped shape the development of the program through a shared vision of cultivating stronger champions for Oregon's tourism industry. The program consists of four multi-day excursions to be completed over the course of a year. ORLA has been intentional in its pursuit of activating industry champions and the OTLA program supports that goal. The academy provides a compounding benefit of bringing people together for learning through experiences and empowering them to make lasting contributions to Oregon’s tourism and hospitality industries. Participants will create lifelong relationships and networking pathways through their connections. For more information on the Oregon Tourism Leadership Academy, visit OregonRLA.org/OTLA. ### 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.  Today SAIF announced ORLA/SAIF partners are receiving $299,813 in dividends from SAIF for their 2019 policy period. These dividends are being paid to members this week. While dividends cannot be guaranteed and are declared at the discretion by SAIF’s Board of Directors, this clearly represents another advantage of being part of the ORLA/SAIF program. “Our partnership with SAIF Corporation over the past 3 years is assisting the hospitality industry in our continual pursuit of top tier safety for hard working employees across this state,” said Jason Brandt, President & CEO of ORLA. “Being a part of the ORLA/SAIF group is a no brainer when you add the potential for dividend payments each policy year to the group discount operators receive when they qualify for the program. We look forward to the ongoing partnership with SAIF Corporation as industry operators work to save every penny they can.” ORLA’s endorsed service partnership with SAIF gives eligible ORLA members a workers’ compensation group discount that is validated by NCCI and approved by DCBS. As the restaurant and lodging industries face some of the most difficult workplace safety challenges, this partnership aims to reduce worker injuries and improve member’s safety programs. During the pandemic, SAIF has remained open for business, serving Oregon's employers and workers. This has included taking steps to help injured workers who faced challenges accessing care and working to reduce the financial burden on businesses. Ask your agent for an ORLA Group quote or contact SAIF directly at 888.598.5880. About SAIF SAIF is Oregon's not-for-profit workers' compensation insurance company. For more than 100 years, we've been taking care of injured workers, helping people get back to work, and striving to make Oregon the safest and healthiest place to work. For more information, visit the About SAIF page on saif.com.  PORTLAND - SEPTEMBER 30 Earlier this month, over 500 volunteers came together to clean up downtown Portland and now there's another cleanup event planned for September 30th. This is another opportunity for the hospitality industry to show our community what we are capable of on behalf of our City, our businesses and our employees. Join the Portland Lodging Alliance, ORLA staff, SOLVE, Miller Nash Graham & Dunn, Schlesinger Companies, and the Portland Business Alliance for a Downtown Litter Cleanup Day! We'll be meeting at parks and businesses throughout downtown, giving each check-in location ample space to clean and improve. All cleanup supplies will be provided. Wednesday, September 30, 2020 8:45 AM - 9:30 AM Check-in (runs until 11:30 am) Portland - different locations There will be several starting locations in Portland including: The Benson Hotel, South Park Blocks, Salmon St. Springs, and I-405 Corridor. Pre-registration is required to ensure staggered start times for social distancing and for equipment pick-up. LINCOLN CITY - OCTOBER 9 It has been amazing to see everyone come together in support of the community during both the pandemic and now these horrendous fires. The goodwill towards helping each other is a tremendous lift as we continue to fight through these challenges. One opportunity where we can help the coast community is the Lincoln City Hospitality Beach Clean-Up, an event ORLA organized with the help of SOLVE Oregon. This community-building event will showcase once again the love and support we have for Lincoln City. Friday, October 9th, 2020 10:00 am -12:00 pm D River Wayside in Lincoln City Understanding the staffing issues you may face, having at least one member from your team participate would be outstanding and greatly appreciated. Please also share this information with others in the community, as we encourage your colleagues, family and friends to join us. Thank you!
FEMA REQUESTS SHELTERING OPPORTUNITIES The State of Oregon is experiencing some of the most unprecedented emergencies to date affecting thousands of people throughout the region. As people are forced to evacuate their homes, the State of Oregon is committed to finding non-congregate sheltering and assistance for evacuees. In partnership with the American Red Cross, State and Federal agencies to better coordinate efforts we are asking for your help to lodge evacuees in the short term. Your local Destination Management Organization (DMO)/Convention or Visitor Bureau/Chamber of Commerce will be calling you soon to collect lodging data on a regular basis. They will be asking lodging properties for the following:
If you have any questions about this process, please contact Matt Finn at Travel Oregon. Are you already providing lodging to evacuees? See below information to share with them. There may also be a need for long term lodging for evacuees. If you are a lodging facility that can help the people of Oregon’s recent disasters, please register in the FEMA Emergency Lodging Assistance (ELA) Portal. Registration not only allows FEMA to easily locate your facility but also enables the agency to provide reimbursement for housing of evacuees. On this site, businesses providing lodging can find program FAQs, a user guide, and other information to clarify program requirements. Please note that the Oregon Department of Revenue will not be collecting lodging taxes for rooms using either FEMA transition shelter assistance or Red Cross hotel vouchers due to wildfire displacement. We expect that local jurisdictions in Oregon will adopt the same practice. If local transient lodging taxes do not need to be collected, depending on your local jurisdiction these room rents may still need to be reported with all other rents on any transient lodging tax reports you may fill out. However, those rents paid with vouchers would be deducted. Please check with your local government on this subject.  IMPORTANT INFORMATION FOR DISASTER SURVIVORS & BUSINESSES AFFECTED BY WILDFIRES
General information:
FEMA's highest priority right now is ensuring disaster survivors understand there are services available and the first step is getting registered. FEMA is asking if our lodging partners, especially those currently lodging evacuees, are willing to distribute the following attachments:
Please consider printing the flyer for display and have copies on hand for individuals. Also, it would be very helpful and appreciated if lodging partners could post one, or all of the attached graphics on their social medial accounts to help get the message out. See also some important information for those working to recover from the fires:
The goal is to amplify the messaging to both lodging entities AND victims affected by the recent disasters to ensure they are registered with FEMA to get assistance. For more wildfire information: |
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