The U.S. District Court for the District of Columbia held the rule invalid due to the fact a quorum of three members was not present when the rule was adopted Dec. 16, 2011.

“The restaurant industry, the nation’s second-largest private sector employer and an industry comprised mostly of small businesses, is pleased that another shot-gun regulation, and one of our top targets for repeal, has been invalidated by the courts,” said Angelo Amador, vice president of labor and workforce policy for the National Restaurant Association. “Last month, more than 3,000 members contacted their senators seeking legislative relief from this regulation, which failed on the senate floor on a party line vote. We are pleased that yesterday’s ruling makes legislative relief unnecessary.”

The NLRB rule would allow union representation elections to be held in as few as 10 days after the filing of a union petition. This move would shorten the period between petition to elections to such a degree that it would deny employees the time and information needed to make an informed decision on union representation.

The National Restaurant Association, as part of the Coalition for a Democratic Workplace, was among the plaintiffs in the case filed by the U.S. Chamber of Commerce and the CDW.

The court did not address the merits of the rule. NLRB is expected to appeal, but the earliest a court would rule on the appeal would be in October or November. NLRB also may attempt to reissue the rule, which the NRA said would invite an additional legal challenge.

(Source: National Restaurant Association)

Dan Roehl, senior director of government affairs for the National Restaurant Association, said the new law won’t be enforced until at least six months after the publishing of its final rules, which is unlikely to occur before November, possibly later. The NRA has been working with the FDA on the proposal, which would affect restaurant chains with 20 or more units that have the same menu.

“We’re hopeful we will see more time than six months, but we’re advising operators to be prepared to implement them six months after the final regulations are released,” Roehl said.

The law preempts existing municipal or state laws that vary in requirements. Those laws started cropping up in 2006, when New York City became the first government entity to put a nutrition labeling law in place. Such laws present special challenges to companies that operate regionally or nationally.

Caloric content of menu items along with the recommended daily caloric intake will be listed on menus or menu boards. Also, a statement that additional nutritional information is available upon request will be included on the menus.
Exempt items are specials, condiments, limited-time offers, custom orders and test market items.

The FDA is still determining what similar retail food establishments, such as coffee shops and pastry stores, would be covered by the law. “Our theory is it should fit the same definition as restaurants,” including convenience stores and grocery stores, Roehl said.

Alcohol is not included in the proposal because the FDA does not regulate alcohol, but that possibility is being evaluated.

Preparation for this law is key, added Cicely Simpson, senior director-government affairs for Dunkin’ Brands. She advised operators to read through the entire lengthy proposal so as not to overlook anything. “You need a plan for implementation,” she said.

Additionally, the compilation of data and filing accurate reports with the federal government also will impose great costs on the industry. Many restaurateurs may not yet be aware of the impact this could have on their businesses.

One of the requirements of the law mandates all employers become an information resource for all employees. Beginning March 1, 2013, employers will have to provide notification to new hires and current employees about how to access the health insurance exchange. This means that if an employer’s offered coverage does not meet certain requirements, their employees could be eligible to access coverage from the exchange with federal assistance. And if employees purchase coverage on the exchange, they would then lose the employer contribution and associated tax benefits.

Although the Labor Department has not yet issued guidance on how and what exactly employers must report, the Department of Health and Human Services recently requested public comment on how this and other related requirements would work together.

One interrelated requirement is that the state exchange would determine whether an employee is eligible to access coverage though the exchange utilizing federal premium tax credits or through cost sharing. An employee applying for assistance through the exchange would have to provide certain information to the exchange in order to verify his or her eligibility. If the employee is not able to supply that information, the employee and/or the exchange could contact the employer. As a result, restaurateurs should consider how to handle those inquiries and who in their organizations would serve as the point of contact.

HHS’ proposal suggests a short-term option to reduce employee and exchange questions of the employer. The notification employers provide all employees beginning March 2013 would have to include such information as the employer identification number and the employee contribution for the lowest-cost plan offered. Additionally, a longer-term option may utilize data provided by other employer reporting.

This is one in a series of blog posts on the health care law and the restaurant industry. The articles are written by Michelle Reinke Neblett, the National Restaurant Association’s director of labor and workforce policy. The piece is part one of two.

WRA applauds Tom Douglas for well-deserved honor
Earlier this week, Seattle restaurateur Tom Douglas landed his most significant recognition to day. He was named “Outstanding Restaurateur” by the James Beard Foundation. This national award honors the entirety of Douglas’ culinary career, which includes 13 Seattle-area restaurants. Douglas had been honored in past years for his cookbooks and Northwest cuisine by the illustrious James Beard Foundation, but Monday’s award is being called the crowning achievement of his career.The Washington Restaurant Association is pleased to congratulate Tom on this well-deserved award. Read on.

Banquet permits now available online
The Liquor Control Board has upgraded to an online banquet permit system.The Liquor Control Board on May 4 posted a new online application system for citizens to apply for banquet permits. Previously, banquet permits were available only in state and contract liquor stores.Banquet permits are to be purchased for events where liquor will be served that are not business or promotional, but instead invite-only gatherings such as weddings, company banquets, retirement parties, and club, organization or church events. Read on.

Nutrition experts weigh in on sodium
Recommendations that Americans reduce their sodium intake to between 1,500 and 2,300 mg per day, is a target few can accomplish, nutrition experts said at a recent education session at the 2012 National Restaurant Association Restaurant, Hotel-Motel Show at McCormick Place in Chicago. The session, “Sodium and Calories: Can We Meet the Dietary Guidelines and Does this Impact Foodservice?”, was presented by Dr. Joy Dubost, the NRA’s director of nutrition and healthy living, and also featured Dr. Adam Drewnowski, a leading nutrition researcher. The two explained why so many health professionals are expressing concern. Read on.

Check out this week’s DineNW radio show podcast here

According to the Beard Foundation guideline, The “Outstanding Restaurateur” award is given to a person “who sets high national standards in restaurant operations and entrepreneurship.”

Douglas’ presence in Seattle is celebrated throughout the city, at establishments such as Palace Kitchen, Dahlia Lounge, Etta’s and Serious Pie. He has written three cookbooks and frequently lends his name, time and influence to numerous culinary, educational and charitable efforts. Earlier this spring, Douglas visited with ProStart culinary students at Mt. Si High School, where he discussed the guiding principles of his own career, and challenged the school’s aspiring young restaurateurs to explore new eateries, experiment with new flavors and techniques, and push themselves to re-imagine the ordinary.

“Tom’s restaurants are truly a credit to Seattle’s national reputation as a world-class restaurant city,” said Anthony Anton, WRA president and CEO. “He has consistently used his success as a platform to encourage his industry peers and set an example of innovation and hard work. We are positively thrilled that the James Beard Foundation has recognized Tom’s contribution to this country’s culinary landscape.”

The Seattle Times profiled Douglas’ win and some of his career accomplishments here.

The session, “Sodium and Calories: Can We Meet the Dietary Guidelines and Does this Impact Foodservice?”, was presented by Dr. Joy Dubost, the NRA’s director of nutrition and healthy living, and also featured Dr. Adam Drewnowski, a leading nutrition researcher. The two explained why so many health professionals are expressing concern.

“In the United States, 68 percent of adults are obese or overweight,” Dubost said. “Why are we concerned about obesity and [the increased intake of] sodium? Obesity sets you up for different diseases, which obviously is a concern, and dietary sodium drives up [the potential to develop] hypertension, a risk factor for heart attacks, stroke and cardiovascular disease. That is why there is so much focus on dietary sodium.”

Dubost indicated that current data suggests sodium intake averages 3,400 mg per day.

She added that sodium is on the government’s radar right now and that lawmakers and agencies are looking at ways to monitor the public’s sodium intake. The NRA, she said, supports voluntary efforts to reduce sodium in food, but it should not be regulated through legislation. Instead, emphasis should be placed on educating consumers about nutrition.

“Any approach to reducing sodium should be incremental, and education is critical,” she said. “Frankly, consumers are just not there yet. We need to place emphasis on the total diet. Singling out one nutrient is not the best approach.”

Citing research conducted by the Centers for Disease Control and Prevention, Drewnowski told the session’s attendees that about 65 percent of sodium intake comes from food bought at retail stores; about 25 percent comes from restaurants.

Dubost offered a few suggestions to restaurateurs to reduce sodium in menu items. “Start with an inventory,” she said. “See how much salt is in your menu items. Limit your use of high-sodium seasonings and sauces. Work with your vendors to find low-sodium options.”

She also suggested experimenting with flavor alternatives, like herbs and spices, and also exploring acidic, pungent and sweetness profiles.

The former president praised the National Restaurant Association’s Kids LiveWell program as an example of effective cooperation. Launched by the NRA in collaboration with Healthy Dining last summer, Kids LiveWell helps restaurateurs identify and promote healthy kids’ menu options. Since the program’s launch the number of participating restaurants companies has more than quadrupled.

“Thank you for all that’s being done through your initiatives to help our kids have a healthier future,” President Clinton said. “What works is what [restaurateurs] are doing to feed kids and help them eat healthier. What works is cooperation.”

He noted that the fight against childhood obesity is a top domestic priority for his Clinton Foundation. The foundation several years ago launched the Alliance for a Healthier Generation with the American Heart Association to tackle rising rates of childhood obesity.

“Childhood obesity is a 30-year problem with no single cause, no single solution and no villain,” he said. He praised the voluntary collaborative efforts of soft drink manufacturers to reduce the calorie count of beverages in school vending machines and cafeterias, and work by foodservice manufacturers and distributors to increase the nutrition value of school lunches.

He also praised casual-dining giant Darden Restaurants for its “Harvest” program to donate leftover food to the hungry. Darden was recently featured in Chelsea Clinton’s “Making a Difference” series for MSNBC.

The former president said reducing inequality and creating opportunity is his focus across the globe, and that rising complexity and interdependence demand new approaches.

“The world we live in has a lot of challenges that don’t have simple, ideological solutions,” he said. “Argument is good, debate is critical, but cooperation works better than conflict in a 21st century world,” he said.

He said the American people “have to own up” to their role in electing a Congress that has become increasingly gridlocked. The nation’s rising debt is a tremendous concern, but jobs are the U.S.’s biggest short-term challenge, he said: “Everyone wants a job.”

He cautioned that the United States “can’t tax our way out of debt when there’s no economic growth.” He urged Congress and the President to act immediately to pass a strict 10-year debt-reduction plan, with spending limits triggered only when the nation hits targets for economic growth and employment. “You don’t want to do anything to contract growth.”

He said he was optimistic about the nation’s future. “It’s a great mistake to count America out,” he said, predicting a resurgence of American manufacturing. He said the U.S.’s demographic profile, as one of the youngest and most diverse nations, will continue to drive growth and innovation.

He also addressed health care reform, saying he hoped the Supreme Court would not overturn the 2010 health care law. “The most horrible alternative is to stay with what we have,” he said. He noted that rising health insurance costs are making it increasingly difficult for employers to offer their workers insurance.

Of his accomplishments as President, he said he was most proud of the number of Americans who moved from poverty into the middle class during his time in office.

“That’s the American Dream and that’s where we have to go again,” he said. “Work gives form and dignity and direction to human life.”

Complete survey for Education Foundation, be entered to win an iPad3
The Education Foundation was the recent recipient of L&I’s SHIP grant which is focused on workplace safety. Part of the EF’s success with this grant is dependent on feedback from the food service industry regarding their current workplace safety program or lack thereof. Help make this project successful by completing this quick survey, or passing it along to the person in your company who is responsible for choosing your workplace safety program. The best part? You’ll be entered to win an iPad3! Get moving! All surveys must be submitted by 9 a.m., Monday, May 7.

Missed the Northwest Foodservice Show?
Check out this video, featuring both days of the region’s premier foodservice industry trade show. With more than 300 vendors, a slew of demonstrations and a full slate of seminars, this year’s show provided great networking and educational opportunities for everyone who attended. Make plans now to attend next year’s show in Portland, April 21 and 22, 2013.

Restaurant industry concerned about new restrictions on background checks

Despite a letter from the restaurant industry and nearly 50 other organizations requesting an opportunity for additional input, the Equal Employment Opportunity Commission last week issued new guidance that could change employers’ ability to use criminal-background checks in hiring. In advance of the April 25 hearing where the EEOC released the guidance, the NRA and other for-profit and not-for-profit groups wrote to the EEOC to note that “we believe that criminal background checks are an important tool in efforts to help protect employees, customers and the public at-large from workplace violence, fraud and theft. Read on.

In advance of the April 25 hearing where the EEOC released the guidance, the NRA and other for-profit and not-for-profit groups wrote to the EEOC to note that “we believe that criminal background checks are an important tool in efforts to help protect employees, customers and the public at-large from workplace violence, fraud and theft.

The EEOC has been studying the issue since last summer but hasn’t solicited significant comment from employers, the letter noted.

“Given more than two decades of reliance of diverse industries on the EEOC’s interpretation of the law, the potential health, safety, and liability issues that can arise for employers, and a legal environment in which certain employers are required to perform such checks and consider their results in different ways, the EEOC’s issuance of guidance without broader input could lead to confusion in the marketplace as well as unintended and adverse consequences.”

The agency delayed review of new guidelines that could affect the use of credit-checks during the employment process.

Check the EEOC guidelines and FAQ on the criminal-background checks.