[July 16, 2021] - ERTC Resources, Legislative Report

Don’t Leave Money on the Table! - Over 100 ORLA members registered for our Employee Retention Tax Credit (ERTC) webinar earlier this week. ORLA members can find resources to assist in navigating the importance of ERTC and the cash infusion it can bring to our industry operations behind our online member wall (login and go to the Resource Library). You may be surprised how you can leverage both Payroll Protection Program dollars and Employee Retention Tax Credit dollars in ways the are completely above board and legal. ORLA’s Government Affairs Coordinator Tom Perrick is standing by to assist ORLA members in navigating the tools you need to maximize your cash infusion. We think you’ll find it less complicated than you might anticipate. If you have questions or need support as an ORLA member please email Tom Perrick at tperrick@oregonrla.org. If you’re not an ORLA member yet, make it happen through the this link.
 
ORLA Legislative Report - The ORLA Legislative Report from Director of Government Affairs Greg Astley can be read on our Legislative Session page. The 2021 Oregon Legislative Session brought about historic challenges with no opportunity for industry stakeholders to engage in person with lawmakers due to Covid regulations. ORLA’s goal with all legislative sessions is to protect, improve, and promote hospitality. Our work this session resulted in protecting the intellectual property rights of our restaurant operators across the state, improvements in unemployment insurance rates that will be paid by lodging and restaurant employers in the coming years, and an ongoing commitment to promote the importance of a fully functioning hospitality industry which was crippled by Covid. We hope you find the summary report helpful and we want to thank both Greg Astley and Bill Perry with Balance Point Strategies for their work on behalf of the industry.
 
OSHA & OHA Intelligence - We expect OSHA will announce an elimination of the enhanced cleaning and sanitation protocols relating to Covid as soon as this coming Monday. ORLA participated in the second of a series of rulemaking advisory committee meetings earlier today and it is clear there is widespread support amongst the committee members to ditch the need for high frequency cleaning standards on top of robust cleaning protocols already in place in our industry as well as others. Also, please find the latest intelligence from the Oregon Health Authority on the status of Covid variants including data points on transmission and geographic penetration rates here in Oregon.

[July 9, 2021] - ​Golf Tournament | Cannon Beach Sales Tax on Meals | RRF in Oregon | OLCC Updates 

ORLA Open Golf Tournament - We have more sponsorship revenue on the books for the golf tournament than we’ve ever had before. That is a testament to our Director of Business Development Marla McColly who continues to provide top tier leadership for the association. Our Government Affairs team is running point on lining up golf teams to make sure we have a sold out field of golfers. We have just over 2 weeks before we hit the links.

• Register a team or sign up as an individual 

Cannon Beach Sales Tax on Meals - About 40 restaurant operators in Cannon Beach have their hands full with the 5-person City Council in Cannon Beach who decided this past Tuesday night in a 3-2 vote to move forward with a new 5% food and beverage tax on foodservice operations within the city limits. As you can all imagine, we’re floored by the rationale to impose a new tax on restaurants after the grueling reality of COVID inflicted on the industry. ORLA will be testifying along with local restaurateurs at the next meeting July 14.

• Talking Points & Tips for Speaking Up (in support of our local restaurants)
• Cannon Beach Proposed Ordinance No. 21-05

RRF in Oregon - The Small Business Administration (SBA) has released their most detailed information to date on Restaurant Revitalization Fund (RRF) applications and recipients broken down by state. 2,337 Oregon restaurants received RRF dollars totaling approximately $531 million. 4,930 applications for RRF were received by SBA from Oregon operators which means about 47% of applicants from Oregon were funded. You can view more details in SBA's RRF report.

OLCC Updates - The latest updates from the OLCC about alcohol service changes as a result of Governor Brown rescinding all of her executive orders pertaining to the COVID emergency are included in the OLCC press release. A number of important topics are covered including but not limited to alcohol delivery, to-go cocktails, liquor liability insurance suspension, premises expansion, and license renewal fees. You can view more information on the OLCC website.

[July 1, 2021] - Full Reopening | OSHA Changes

Full Reopening with OSHA Changes - As many of you saw, OSHA updates were sent out as an Announcement on some bigger workplace changes that aligned with the Governor’s full reopening of the economy yesterday, June 30. In anticipation of the updates, we tracked down intelligence from OSHA Director Michael Wood and released information to the ORLA membership on Monday, June 28 regarding the change to both face covering mandates and physical distancing mandates from OSHA which is separate from the Oregon Health Authority regulations we knew were already going away on June 30. Once we confirmed the information, we sent an update to our industry to give as much advance warning as possible. 
 
ORLA Feedback on Communications - With communication preferences constantly changing, it’s important that our professional staff have up to date information from members on how they view our communication performance, especially after a year like we’ve had. We appreciate hearing your feedback on our communication products and how well they’re hitting the mark. Take Survey
 
Updated Year in Review - View an updated version of ORLA’s Year in Review here. There was such a deluge of work over the last 15 months for all of us that it can be easy to dismiss or simply forget the work that has been accomplished or the degree of its importance. We hope our work has been something you are proud to be a part of. Before Covid, it was an ongoing challenge to communicate the value of advocacy and government relations work. Many times its seen as an intangible that is nice to have for the industry but not necessarily important to operations on a day to day basis. Of course Covid changed this perception entirely as it consumed our world and altered our approach to so much in the industry. 
 
Oregon Tourism Leadership Academy Progress - Even with everything going on, ORLA remains committed to the Oregon Tourism Leadership Academy which we built from scratch last year in partnership with Travel Oregon and the Oregon Destination Association. The leadership program is owned by ORLA and will prove to be an important tool in helping the association train and cultivate leaders for the future of our industry. Due to Covid, we have two separate leadership groups actively engaging their peers in the program. Our first year class will have their third experience out of four in Seaside next week from July 7-9. The first year class will wrap up their program year in the Willamette Valley from September 29 – October 1. Our second year class launches their year in the Columbia Gorge July 28-30. For more info visit OregonRLA.org/OTLA.

[June 28, 2021] - ​Clarifying Your Questions about OSHA Rules
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A number of industry operators have been reaching out since Governor Brown’s announcement Friday, June 25, about Oregon OSHA rules for employees.

We have confirmed as of today thanks to Director Michael Wood that face covering and distancing rules will be eliminated in alignment with the full reopening of our economy on Wednesday, June 30.

• Rule Addressing COVID-19 Workplace Risks
• Appendices to the Rule

ORLA will continue working with Oregon OSHA as part of their rules committee to continue addressing the details involved with unraveling the Covid-19 directives.

We recommend sending a communication alert to your entire staff letting them know face covering mandates are no longer in effect as of Wednesday if you plan to follow state policy. If you so choose, you can still require face coverings as a business policy as well as allow staff who prefer to wear a face covering to continue doing so.

Congratulations to you for making it to this point and surviving the monumental challenges presented from the past 15 months.

Please reach out to your ORLA Regional Representative for the ongoing intelligence you need to operate your business most effectively.

​​​[Click the "Read More" link for archived blog updates]

​Residents Should Have Say on Sales Tax on Meals

FOR IMMEDIATE RELEASE: July 12, 2021

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

Wilsonville, OR– The Cannon Beach City Council voted to approve a 5% sales tax on meals by a 3-2 vote, leading to a second reading on July 14th, 2021, to either ratify the sales tax or, if it fails, open the door for the City Council to place a measure on the ballot this November. The Oregon Restaurant & Lodging Association (ORLA) opposes the sales tax on meals in Cannon Beach and believes the residents of Cannon Beach deserve to have their voices heard.

“It’s unconscionable Cannon Beach City Council would even think about enacting a sales tax on restaurants after the last 16 months our industry has suffered through but it’s especially troubling they would choose to do so without asking for a vote of the people,” said Greg Astley, Director of Government Affairs for ORLA. “The restaurants fortunate enough to survive the wildfires, ice storms and global pandemic we’ve been through are still struggling to hire enough people to fully re-open and try to recover from their significant financial losses.”

Astley continued, “Although one City Councilor claimed residents would not be affected by the tax and therefore the sales tax on meals should not go to a vote of the people, nothing could be further from the truth. Residents will pay the sales tax on meals every time they go out to eat with friends and family unless they choose to stop patronizing local restaurants in favor of establishments outside the city limits.”

Beyond the obvious unfairness of asking one industry to shoulder the burden of paying for services everyone will benefit from, ORLA has outlined several other reasons why voters should be allowed to weigh in on a sales tax on meals:

• A Sales Tax on Meals Takes Money from Hard Working Restaurant Workers -
  Restaurant workers compete for tip income when taxes appear on receipts. After a year of COVID-19, it is immoral to take household income from frontline workers trying to put food on the table for their families. 
• Restaurants Make on Average 3-5% on Sales -
  A 5% sales tax on meals would result in the City of Cannon Beach making as much money or even more money than the businesses themselves. 
• Administrative Fees Kept by Restaurants Would Not Cover Increased Administrative Costs -
  A new sales tax on meals in Cannon Beach would result in overhauls of payment processing systems as well as ongoing administrative duties. A local restaurant location could expect to pay over $10,000 to upgrade their system and manage recurring tax collection responsibilities. These are costs and managerial duties which will directly result in more industry suffering after 16 months of Covid-19 and higher prices as restaurants will need to pass along these costs to customers.
• There is a Full-Blown Worker Crisis Crippling Local Restaurants -
  Cannon Beach is currently suffering from reduced hours of operation for a number of local restaurants due to a severe workforce shortage. The problem is expected to grow which will most likely impact the consistency and reliability of any new sales tax on meals collected by restaurants.
• Any Time Taxes are Increased, There is a Corresponding Decrease in Sales -
  Increasing taxes drives away sales, which not only reduces collections of the sales tax, but ultimately property and income taxes as well. 
• Unlike Other Solutions, a Meals Tax is a Financially Fragile Fix -
  Restaurant sales tend to plummet during economic downturns, thus becoming an unreliable funding source for the city.

Astley concluded, “At the very least, the people of Cannon Beach deserve to vote up or down on this sales tax on meals. An even better solution for the City of Cannon Beach would be to consider an Economic Improvement District or similar mechanism where the burden of raising revenue falls more broadly than on just the struggling local restaurants.” 

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The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which before COVID-19 provided over 180,000 paychecks to working Oregonians. 

Effective today, June 30, face covering and distancing rules are eliminated in alignment with the full reopening of our economy. Governor Brown’s announcement last Friday was welcome news to Oregon's businesses ready to open back up at full capacity.

Earlier this week we received confirmation from OR-OSHA Director Michael Wood that mask and distancing mandates will be eliminated (with certain exceptions, including health care, public transit, and airports).

However, not all of Oregon OSHA’s COVID-19 requirements are going away immediately. "For the rule addressing all workplaces, examples of measures that will remain in place longer include optimization of ventilation, notification of a positive case in the workplace, and proper steps to take if an employee must quarantine."

Here's more information to pass along:

• OSHA's Press Release 6.30.21
• Rule Addressing COVID-19 Workplace Risks
• Appendices to the Rule

ORLA has received several questions from members regarding rule updates. Here are a few FAQs that were confirmed:

• Is OSHA lifting its requirements for employees to wear masks as well? Yes; If an employee chooses to wear a mask, face shield, or face covering even when it is not required, the employer must allow them to do so.
• Is the closing time as of June 30 going back to pre-covid times where bars can close at 2:00 am if they choose? Yes.
• Does this mean plexiglass is no longer required where there was an inability to physically distance? Yes.
• Are employee health screenings also being eliminated with the rollback of COVID-19 restrictions? Yes, the employee health screening requirements were rescinded.
• How about requirements for employees to quarantine if they exhibit symptoms, etc.? Since we will not be screening employees anymore, are we simply waiting to see if they voluntarily report symptoms and then still following CDC guidance for quarantining? Yes, employers still need to ensure employees quarantine IF the employer knows about it.
• Will condiments now be allowed back on bars and table tops? Yes.
• Will the Oregon Lottery be the lifting of the curfew tonight and keep machines on until 2:00 am? Yes. The Oregon Lottery has already made the system change.

ORLA will continue to work with Oregon OSHA as part of their rules committee to continue addressing the details involved with unraveling the remainder of the COVID-19 directives.

As always, you can reach out to your ORLA Regional Representative for questions.

There is no light switch. It will take years to build back what was lost.

FOR IMMEDIATE RELEASE: June 25, 2021

Contact: 
Jason Brandt, President & CEO, ORLA     
503.302.5060 | jbrandt@oregonrla.org

Wilsonville, OR– Today’s announcement from Governor Kate Brown announcing a full reopening of Oregon’s economy no later than Wednesday, June 30 is welcome news. Our state’s restaurant and lodging establishments have a long road ahead as small businesses continue the hard work of regaining their footing after 15 months and 13 days of historic and over-reaching government regulation. Permanent closures, workforce access issues, partial re-openings, and ever-changing administrative rules and emergency orders have left a permanent mark on the approach to doing business in Oregon.
​
“We never could have imagined the gravity and depth to which government regulations would dictate how we live in a free society when industry shutdowns and capacity restrictions first went into effect on Tuesday, March 17 of 2020,” said Jason Brandt, President & CEO of the Oregon Restaurant & Lodging Association. “Here we are 15 months later picking up the pieces and doing whatever we can to help Oregon’s extraordinary hospitality industry find its identity once again and it will take time. From a workforce access crisis and supply chain constraints to debt accumulation and back rents and mortgages coming due, historic industry challenges remain and will persist in the years ahead.”

To date, Oregon has permanently lost over 1,400 foodservice locations statewide and some lodging establishments remain closed. Both restaurant and lodging operators continue to face wide ranging marketplace dynamics resulting in different realities in different regions of the state. As a rule of thumb, the more reliant a region is on business travel, the harder the economic hit.

“The Portland Metro region in particular will need ongoing support to bring back the top tier hospitality experiences our overnight guests have come to expect in our state’s largest city,” said Brandt. “Our hats are off to our partners at Travel Portland, the Portland Business Alliance, and officials at the City of Portland who are inspiring Portlanders to usher in a new transformative chapter with their ‘Here for Portland’ campaign. Ongoing cleanups, increased office worker mobility, and cultural activities can and will make a big difference. As Mayor Wheeler has said, do not bet against Portland or its people.”

One challenge remains clear statewide – no matter the region, the workforce access crisis is deep and relentless. Restaurants and lodging establishments in all regions of the state are currently forced to reduce operating hours, minimize menu options and cordon off available rooms respectively.

“To put it plainly, there are too many Oregonians on the sidelines,” said Brandt. “And this reality has opened up a new frontline of advocacy activity for ORLA – we must be at the table in assisting our state in addressing the child care deserts that exist in all 36 counties in Oregon, we must address the extension of unemployment benefits to those who are not making a concerted effort to find their next job, and we must protect the rights of our frontline workers who choose to wear a face covering at work and respect that choice and embrace it.”

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

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The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which before COVID-19 provided over 180,000 paychecks to working Oregonians. The latest available data for May of 2021 from the Oregon Employment Department shows current employment levels in the accommodations and foodservice industry totaling 153,200 people.

This past year has rocked all of us, but it’s been particularly rough for small business customers. From a world-wide pandemic, a summer of social unrest, wildfires that hit too close to home, and a historical ice storm, small businesses, and especially restaurants, have endured more than their fair share of challenges.

I watched as businesses were forced to change and adapt at a moment’s notice. Many were forced to lay off their staff and face an uncertain future. But even while overcoming these challenges, I was inspired by the creativity and resiliency so many demonstrated – businesses continued to serve their communities and show compassion for their neighbors with an Oregon kind of energy that’s resilient, innovative, and rooted in care for the communities they are in. It’s the kind of energy we celebrate at PGE.

Hospitality, that friendly welcoming nature that we’re so proud of, is the heart of Oregon. We love where we’re from and we all are excited to share our favorite local eats and hot spots. I’ve been touched by the stories of restaurants caring for those most in need and the way that communities have stepped up to support their favorite local joints.

I recently had the opportunity to sit down and visit with four local restaurants throughout the region. During our conversations, I was inspired by the stories these restaurants shared. Despite the numerous challenges, they have come to work every day and continue to be agents for positive change in their communities.

To show appreciation for these restaurants and yours, we’re hosting a restaurant week on PGE’s Instagram the week of July 5. We’ll be sharing the stories of these restaurants and asking our followers to share their favorite local restaurants. Want to get in on this social boost? Share your favorite local restaurant (yours included!) on your Instagram story and tag @PortlandGeneral with the hashtag #RestaurantWeek.

Thank you, ORLA, for being a great resource and unifying force for Oregon’s hospitality industry. As we continue to invest in the future of Oregon, we’re proud to make a $5,000 donation to the Oregon Hospitality Foundation. Keep up the great work!

For more information on resources available for your restaurant, please visit us at portlandgeneral.com/smallbiz. | Warren Parker III, PGE Senior Marketing Strategist SMB

June 15-16 2021, Travel Oregon will virtually host the 36th annual Oregon Governor’s Conference on Tourism. The Oregon tourism economy has been devastated by the coronavirus pandemic. In 2020, of the 178,200 payroll jobs lost in Oregon, 81,600 of those (or 47%) were in the leisure and hospitality sector. And while visitors to Oregon spent $6.5 billion across the state in 2020, this was a 49.5% decline in visitor spending from 2019.

The 2021 Oregon Governor’s Conference on Tourism is an opportunity for approximately 500 travel, tourism, and economic development professionals to gather (virtually)to find new inspiration, dive deep into educational topics, and look ahead as we begin to rebuild the tourism industry and Oregon’s economy after a tumultuous year.

Educational breakout session descriptions are now accessible on the conference website. Sessions include exciting speakers that will focus on destination stewardship, working with elected officials, amplifying your role with the local tourism ecosystem and more. Additional information will be added as it becomes available.

We invite you to register for the 2021 Oregon Governor’s Conference on Tourism here. 

Opening Session Keynote
To kick off this year’s conference, Frank Cuypers, senior strategist at Destination Think, will unpack the future of travel and tourism after COVID-19, and the changes and opportunities that lie ahead. So many aspects of the tourism industry remain unknown: How will travel and tourism look after Covid? What changes will we see and what other challenges might the tourism industry face in the future? How do we lead destinations through and out the other side of the pandemic? This discussion will inspire destinations to think about ways they can evolve and build resilience.

Reflecting on the past: Building an equitable tourism economy for the future
The conference will close with a session that showcases tourism industry leaders as they reflect not only on the impact the pandemic has had on their businesses but also how they have continued to be committed to diversity, equity and inclusion (DEI) in their work. Hear stories from our tourism leaders and partners who have both championed DEI for their work and their communities.

Exciting partnership with Burgerville and DoorDash at conference
Travel Oregon has partnered with Burgerville and DoorDash to support local restaurants and food suppliers during the Governor’s Conference.  Burgerville’s suppliers include Oregon favorites like Alpenrose Dairy, Camas Country Mill, Carman Ranch, Champoeg Farm, Country Natural Beef, Face Rock Creamery, Jacobsen Salt, Liepold Farms, Our Table Cooperative, and Rogue Creamery.

By registering for the conference by May 26, you will receive a $15 gift card to enjoy lunch on June 16 or as you’re able. We will miss you joining us in person, but we encourage you to continue to support the resiliency of our local restaurants, incremental efforts can go a long way.

Stakeholder Workshop: A Transformational Strategy for Oregon Tourism
Following the 2021 Oregon Governor’s Conference on Tourism, Travel Oregon invites you to join us for interactive workshop with our strategic planning firm, Destination Think, on June 16 from 3:30-5 p.m.

As we launch into the development of Travel Oregon’s longer-range visioning and strategic planning effort, it is vital we hear from you: Oregon’s tourism industry. We would love to gain diverse perspectives that have the potential to drive change and help inform the foundation of our four-year transformational strategic plan. Your participation is crucial and valuable to help transform the future of tourism in Oregon. Register for the stakeholder workshop here.

​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.”

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The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which before COVID-19 provided over 180,000 paychecks to working Oregonians. 

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. 

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The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which before COVID-19 provided over 180,000 paychecks to working Oregonians. 

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:

• SBA Application Portal
• Updated Association FAQ document
• Step-by-Step Guide to Applying for the RRF
• SBA video tour of the Application Portal
• An archive of past webinars with our state partners and SBA. Yesterday, our partners at the Multicultural Foodservice and Hospitality Alliance and the SBA Administrator hosted a discussion on how the 21-day priority period works for restaurant owners from

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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. 

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The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which before COVID-19 provided over 180,000 paychecks to working Oregonians. 

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. 

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The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which before COVID-19 provided over 180,000 paychecks to working Oregonians. 

​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:

1. Optimizing the Statewide Economic Impact of Tourism in Oregon
2. Supporting and Empowering Oregon’s Tourism Industry
3. Championing the Value of Tourism
4. Running Effective Tourism Oriented Organizations and Businesses

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

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The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which before COVID-19 provided over 180,000 paychecks to working Oregonians. ​

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. 

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The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which before COVID-19 provided over 180,000 paychecks to working Oregonians. 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: 

• Expanded eligibility for the credit by reducing the required year-over-year gross receipts decline from 50 percent to 20 percent and provides a safe harbor allowing employers to use prior quarter gross receipts to determine eligibility;
• Increases the 100-employee delineation for determining the relevant qualified wage base to employers with 500 or fewer employees;
• Removes the 30-day wage limitation, allowing employers to, for example, claim the credit for bonus pay to essential workers;
• Clarifies that group health plan expenses can be considered qualified wages even when no other wages are paid to the employee, consistent with IRS guidance
• Provides that employers who receive Paycheck Protection Program (PPP) loans may still qualify for the ERC with respect to wages that are not paid for with forgiven PPP proceeds.

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. 

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The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which before COVID-19 provided over 180,000 paychecks to working Oregonians. 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:

• Tax deductibility for the first and second round of Payroll Protection Program dollars
• Access to a PPP loan equating to 3.5 times your monthly payroll levels back in 2019 if you are operating a hospitality business 
• Utilization of PPP dollars for perishable food expenses and 
• The ability to utilize the funds over a 24-week period

“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. 

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The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which before COVID-19 provided over 180,000 paychecks to working Oregonians. 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 in the News with U.S. Department of Labor Final Rule on Tip Pooling
A final rule on tip pooling in the United States was recently released on December 22, 2020 and will go into effect across the country on February 20, 2021. The final rule further establishes the legality of overseeing and managing a tip pool that includes staff who do not customarily and regularly receive tips by directly interfacing with a customer. Managers and supervisors are still prohibited from participating in tip pools. The final rule does define further, explaining as follows:
 
“...the final rule defines a manager or supervisor for purposes of section 3(m)(2)(B) as any employee (1) whose primary duty is managing the enterprise or a customarily recognized department or subdivision of the enterprise; (2) who customarily and regularly directs the work of at least two or more other full-time employees or their equivalent; and (3) who has the authority to hire or fire other employees, or whose suggestions and recommendations as to the hiring or firing are given particular weight. The definition also includes as managers or supervisors any individuals who own at least a bona fide 20 percent equity interest in the enterprise in which they are employed and who are actively engaged in its management.”
 
The one exception to this rule is “a manager or supervisor may keep tips that he or she receives directly from customers based on the service that he or she directly provides.”
 
In summary, the final rule simply codifies our collective win advocating for the importance of tip pools. Pages 11 and 12 of the Rule states:
 
“In 2016, a divided Ninth Circuit panel upheld the validity of the 2011 regulations. See Oregon Rest. & Lodging Ass’n (ORLA) v. Perez, 816 F.3d 1080, 1090 (9th Cir. 2016). Although the Ninth Circuit declined en banc review of the decision, ten judges dissented on the ground that the FLSA authorized the Department to address tip pooling and tip retention only when an employer takes a tip credit. The dissent noted that the Ninth Circuit itself had decided in Cumbie that the FLSA ‘clearly and unambiguously permits employers who forgo a tip credit to arrange their tip-pooling affairs however they see fit.’ … In its 2018 response to the petition for a writ of certiorari in the ORLA case, the government explained that the Department had reconsidered its defense of the 2011 regulations in light of the Ninth Circuit’s ten-judge dissent from denial of rehearing in ORLA and the Tenth Circuit’s decision in Marlow … the Department published in December 2017 an NPRM that proposed to rescind the challenged portions of the regulations.”
 
The actual regulation and a summary of the final rule can be found here: https://www.dol.gov/agencies/whd/flsa/tips.

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

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

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

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

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

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

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

​News/Resources:

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

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

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

​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:

• Communications - Ohio Hotel & Lodging Association for their COVID-19 Crisis Communications
• Events & Fundraising - Oregon Restaurant & Lodging Association for Hospitality with Heart, A Downtown Portland Cleanup Effort
• Government Affairs - Illinois Hotel & Lodging Association for their Safe Meetings Media Event to Restore Illinois!
• Member Programs - Texas Hotel & Lodging Association for their Membership Town Halls
• Public Relations - Illinois Hotel & Lodging Association for their Illinois Emergency Grant Program
• Circle of Excellence Award - California Hotel & Lodging Association for their extensive and integrated programs addressing the COVID-19 pandemic, including: Project RoomKey, COVID-19 Resource Page, COVID-19 Hotel Plan and Clean & Safe program, among others. 

“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.

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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:

• Marketing and Customer Relations
• Financial Operations and Analysis
• Menu Planning
• Human Resources and Employee Management
• Loyalty Programs
• Online Sales and Take-Out Service
• Site Management and Lease/Landlord Negotiations
• Front/Back of House Operations
• Social Media
• Point of Sale Systems
• Coping with COVID-19

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.

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The Oregon Restaurant & Lodging Association is the leading business association for the foodservice and lodging industry in Oregon, which before COVID-19 provided over 180,000 paychecks to working Oregonians. Currently, approximately 55,000 of those workers, or 30%, do not have work available to return to.

The Oregon Small Business Development Centers work in partnership with the Oregon Restaurant & Lodging Association in providing vital assistance to Oregon's restaurants.