The DOL says it will delay a mandate that requires employers of 200 or more full-time employees to automatically enroll full-time employees in company health care plans. The National Restaurant Association has argued that the so-called “auto-enrollment” requirement is redundant, expensive and burdensome, especially in industries with higher employee turnover. “We’re glad the DOL has delayed the rules and believe this is an opportunity to ask Congress to repeal the mandate entirely,” says Michelle Neblett, the Association’s director of labor and workforce policy.

A bill is pending in Congress — H.R. 2206, by Rep. Frank Guinta (R-N.H.) — to repeal the auto-enrollment requirement.

The agency’s announcement came as part of a “frequently asked questions” document that the DOL, the Department of Health and Human Services and the Internal Revenue Service posted to answer employer questions about how the federal government plans to implement the 2010 health care law.

Many critical questions surround the law’s employer mandate, or the requirement that starting in 2014 employers of 50 or more full-time-equivalent employees offer full-time employees an affordable package of “minimum essential coverage” or pay penalties. Federal agencies have not yet spelled out how they will define full-time status, calculate health-plan affordability, or apply the 90-day waiting period before employers must offer full-time employees coverage.

The agencies’ FAQ document indicates that proposed regulations or other guidance is coming in all these areas. In its FAQs the IRS suggested it will allow employers to use up to a 12-month lookback period to determine if current employees are full-time, and outlined a more complex approach for determining whether new hires with fluctuating hours meet the definition of full-time employees. The IRS also indicated that it intends to issue rules or guidance that will allow employers to use an employee’s W-2 wages, instead of household income, as a “safe harbor” for calculating whether a plan is affordable.

The agencies also issued final guidance on new disclosure rules for employers with self-insured health plans and insurers of fully insured plans. Starting with plan years that begin on after Sept. 23, 2012, these employers and insurers must provide employees with a new “Summary of Benefits and Coverage” and “Uniform Glossary” to describe health plans. The templates are aimed at making health-plan information more transparent, consistent and understandable. The NRA had asked for a delay in implementation to aid in compliance, but the final rule is effective later this year.

(Source: National Restaurant Association)

1. Read the below information
2. Send an email to the Liquor Control Board (details below)
3. Let us know you contacted them here.
4. If you are available, please attend the board meeting on Wednesday at 10 a.m. to ask the LCB NOT to amend the initiative! The meeting will be held at:

LCB Headquarters
3000 Pacific Avenue
Olympia, WA 98501

Background:

Initiative 1183 privatizes the sale and distribution of liquor. Under the new system, a competitive market is established to set the price of liquor, and restaurant licensees will have the option of purchasing direct from a distiller, a distributor or from a retailer. While we believe most restaurants will purchase their spirits from a distributor, having competition from direct sales and retail-to-on-premise retail sales is essential for competitive pricing in the market.

The initiative allows for retail-to-on-premise retail sales of 24 liters, however the Washington Restaurant Association was adamant during the drafting of the initiative that NO LIMIT be placed on the number or frequency of these transactions. Initiative 1183 contains no limits on the number or frequency of sales.

In response to I-1183 opponents, the LCB is now proposing rules to limit sales– rules that would hinder competition and favor distributors over retailers and restaurants.

The Liquor Control Board will be discussing this at their next board meeting on Wednesday, February 22, and they need to hear from you!

Even if your business never intends to purchase from a retailer, this will negatively impact your business by removing competition and raising your prices.

Directions:

Please send an email to the Liquor Control Board and staff asking them to stop any consideration of this alteration to the initiative. Please include the information below in an email to the LCB addresses listed. Remember to include your name at the end.

To: sf@liq.wa.gov; rkuro@liq.wa.gov; cjm@liq.wa.gov; rules@liq.wa.gov

Subject: Reject changes to 1183 that restrict retail-to-retail sales.

Dear Liquor Control Board:

I urge you to remove rule language that restricts retail-to-retail sales.

Further limiting our ability to purchase spirits will have a harmful impact on my business.

Limiting an open, competitive marketplace for spirits by restricting retail-to-retail sales to one transaction per day is directly contradictory to what was approved by voters this past November.

I-1183 is very clear: any change to this provision is contrary to the specific language within the initiative and what voters overwhelmingly approved with I-1183.

Sincerely,

<<Name>>

Don’t forget to go here and let us know you contacted the LCB .

Thank you for your participation!

According to the 2012 Restaurant Industry Forecast, 53 percent of adult diners said they likely would place their orders online in advance of their visits and schedule the time to arrive at the restaurant so their food would be served shortly after being seated.

The research also determined that younger consumers are more apt to embrace online ordering than their older counterparts. The report found that 68 percent of adults aged 18 to 34 years old would prefer to order ahead of time, compared with 64 percent of 35- to 44-year olds and 28 percent of adults aged 65 years and older.

Frequent customers ‑ particularly those who seek out convenience ‑ also said they likely would use the online ordering option before arriving at the restaurant. Among that group, 65 percent who order takeout would prefer placing their orders online first, while 60 percent of quick-service and 57 percent of full-service customers said they likely would use the option, too.

“Convenience has been one of the most important growth drivers for our industry during the last two decades,” said Hudson Riehle, senior vice president of the NRA’s Research & Knowledge Group. “Consumers are always looking for away-from-home meal solutions, and ordering online is seen as a convenience option. But that doesn’t mean all restaurants have to head in that direction. It’s just one more solution for this diverse and consumer-driven industry to offer.”

(Source: National Restaurant Association)

While the positive revenue forecast is helpful, lawmakers still face the daunting task of finding $1 billion in savings, fund transfers or new revenues to balance the budget. This will be extremely difficult for majority Democrats, who face ardent opposition to more reductions from labor unions, state workers and social service groups.

2012 legislative session going well for hospitality sector
The first five weeks of 60-day sessions are challenging. Legislators typically introduce the same number of bills at the outset of the session as one would see during a long session. Accordingly, there is a sizable volume of bills in hearings and being considered on the floor of each chamber. However, once the first series of major cutoffs occurs, focus can shift to the major issues needing resolution.

The WRA is very pleased with the outcomes thus far this session. Numerous bills, that could have adversely impacted the hospitality sector, failed to be moved along in the legislative process. Included among the bills that died are:
•    Restrictions on the use of packaging and bans on plastic bags
•    New requirements on workers’ compensation claims that would have added cost and time for claim management
•    Imposition of labor agreements on current and new vendors at Sea-Tac Airport (see below)

Additionally, the WRA worked closely with the Department of Revenue to develop a bill granting the DOR the authority to collect spirits taxes. Of keen importance to the WRA was the definition of spirits taxes and where they are collected.

Finally, the WRA remains engaged in both legislative and administrative processes implementing I-1183.

Liquor Control Board to consider restrictions for licensee purchases of spirits
The WRA is asking the WRA members and liquor licensees consider joining us in Olympia, Wednesday, February 22, at 10 a.m. at the Liquor Control Board meeting, where the Board will be considering unwarranted restriction of sales by retailers to restaurants.
Initiative 1183 privatizes the sale and distribution of liquor and creates competition for the first time for restaurateurs, by allowing them to purchase from distillers, from retailers and direct from distillers. The initiative’s only restriction is that sales between retailers and restaurants must be in 24 liters per sale, and the retailer must retain records documenting the purchase. There are no limitations on the number of sales that can occur, but the Liquor Control Board is considering amending the initiative to further restrict the number of sales through rule.

If the Liquor Control Board does, in fact, adopt a rule limiting sales, this would have serious and damaging impact on our industry. Even if your restaurant does not ever intend to purchase from a retailer, this will effectively remove competition from the market, and any market pressure for competitive pricing.
Please consider making the journey to Olympia on Wednesday to show the Liquor Control Board that we are very loudly opposed to this idea.

Liquor Control Board Headquarters
3000 Pacific Avenue
Olympia, WA 98506

Update from Liquor Control Board on retail outlets
The Liquor Control Board released this memo to update licensees as the state continues through the transition to a privatized sales and distribution system.
Various liquor bills continue on as one

In the Senate on Tuesday, the various liquor bills were rolled into one bill and will carry on through the process as SB 6477.

The bill contains:
•    Provision to allow for microbreweries to co-brand private labels for restaurants
•    Creates a Senior Center liquor license
•    Creates a Day Spa liquor license
•    Allows contract liquor stores to sample spirits
•    Allows spirit sampling at farmers markets

The bill will be heard in committee in the House on Tuesday.

Sea-Tac Airport labor issues with concessionaires resolved internally, HB 1832 dies on House floor
In 2011, HB 1832 was introduced and passed the House floor by a narrow margin. Immediately thereafter, the bill caught our attention, as well as that of the retailers and other impacted stakeholders. HB 1832 was written by the labor community and would have imposed stringent new labor requirements on all current and new concessionaires in SeaTac airport. The bill did not move in the Senate last year; and once the 2011 session ended, the Port Commission convened a stakeholder group made up of labor, airport business and non-partisan Port staff to work through the issue. The group set out to craft a series of recommendations for the Port commissioners to consider for future leases at the airport. In December, following several months of work, the stakeholders presented a set of recommendations, developed to balance the labor community’s concerns with the airport’s goal of establishing a positive financial and aesthetic trajectory. For the airport, these goals originated during its construction of the central terminal, which was designed to be an environment where local restaurants and retailers could become a part of the overall travel experience.

The Seattle Port Commission formally heard these recommendations in December and created a timeline for adoption so that HB 1832 would not be necessary. Unfortunately, the labor community felt the recommendations did not go far enough and came to Olympia this session with a renewed push to pass their bill. Unlike the the scenario in 2011, the WRA, the Port, Alaska Airlines and other impacted stakeholders communicated loudly and clearly. The collective group contended that the Seattle Port Commission had put together a sound process to develop its recommendations, and expressed their belief that the Port Commission (an elected body) should have the authority to decide how to proceed with the issue. In the end, though not without some drama, enough legislators agreed, and HB 1832 was not voted off the House floor in time to meet Tuesday’s floor cutoff. Consequently, the bill will not be considered further this session. The very same day, the Seattle Port Commission voted 4-0 (with 1 abstaining) to accept the staff recommendations and move forward with creating the RFP process for current and new concessionaires, based on these recommendations. We are pleased with this unanimous vote and look forward to continuing to work with Port commissioners as the airport leases come up for renewal between 2015-2017.

We would like to thank all of our operators as well as the retailers, the Port, Alaska Airlines and others for their willingness to weigh in and help allow the Port Commission to be the body that directs these types of decisions at the airport.

IRS answers questions about new 1099-K form
The Internal Revenue Service has pulled back from a plan that would have required businesses to reconcile the total receipts they report on their business income tax forms with the amounts that third parties, such as credit card companies, report paying to merchants to reconcile merchant-card transactions. Read on.

Restaurant exhibitors wanted at Taste Washington
Taste Washington is Seattle’s premier food and wine event, showcasing the state’s best wineries and restaurants, and your restaurant can get in on the action. The talents of your chef will connect with an epicurean audience of over 3,500 consumers and more than 750 wine and food industry attendees and media. Restaurant participation in the Grand Tasting offers an unparalleled opportunity to promote your establishment, as well as advertising coverage in print, television and radio will reach 14.6 million consumers. Want to know more? Read on.

NRA pushes for extension of tax provision
As part of its wide scale campaign to tell Congress of the importance of tax certainty to restaurateurs, the National Restaurant Association called on Congressional members to act swiftly on two tax provisions critical to the restaurant industry – the 15-year depreciation schedule for restaurant improvements/new construction and the Work Opportunity Tax Credit. In a letter to all members, the Association called for the two provisions, which expired at the end of 2011, to be prospectively and retroactively extended through 2012 as part of the payroll-tax reduction measure currently under consideration. Read on.

Northwest Foodservice Show promises can’t-miss attractions

Join us April 29 and 30 at the 2012 NW Foodservice Show! Registration is free until the end of this month, so please click here and register today. Some of the events at the show are listed below.

April 30 at 2:00 pm watch the 2012 The Northwest Seafood Challenge Cook Off
Oregon vs. Washington. State pride is on the line! This segment is a knock-down, drag-out culinary battle between chefs representing both states for bragging rights and the privilege of wearing the “Best Seafood Dish” crown. Come and see who will reign supreme in this seafood challenge cook off. This year the competition is hosted by the Oregon Dungeness Crab Commission, and judged by King 5′s Lindsey Johnson. Click here to learn more. Access to the Sysco Chef Demonstration Stage is included as part of your FREE online attendee registration. Register to attend today!

Spot Check Allergy Safe Certification – Saturday April 29

WRA Members: $140 – Non-Members: $175

ServSafe Alcohol Server Training – Sunday April 30

WRA Members: $35 – Non-Members: $42

Register now!

The data, part of the association’s 2012 Restaurant Industry Forecast, determined that 32 percent of fine-dining and quick-service operators and 27 percent of family-dining, casual-dining and fast-casual operators agree that employee recruiting and retention will be more challenging this year than it was in 2011.

“We don’t expect national employment to fully recover until 2014, but restaurant operators should still think ahead and place their labor needs before market conditions tighten over the next years,” said Hudson Riehle, senior vice president of the NRA’s Research & Knowledge Group. “Right now the potential labor pool is still larger than it was during prerecession times. With millions still looking for work, operators can more easily recruit workers now rather than when they are faced with a shallower labor pool downstream.”

The report further found that total restaurant and foodservice employment is expected to grow 11 percent over the next 10 years, while the number of 16- to 24-year-olds in the labor force will advance just 6 percent. It also indicated that the employment participation rate among adults aged 55 and older would continue to grow.

The IRS announced its change of plans in Frequently Asked Questions posted on agency’s website Feb. 10.

The NRA and other small business groups met with the IRS Feb. 6 to flag the business community’s concerns with the way the IRS proposed implementing a 2008 law that steps up reporting requirements for third-party payers.

The IRS’s original proposal would have required businesses that accept credit cards or other third-party payments — such as from PayPal — to reconcile the gross receipts they report on their tax returns with the totals that third-party payers report to them using a new 1099-K information-reporting form.

The IRS initially proposed requiring business taxpayers to use a new line on business tax returns to make sure their gross receipts line up with the gross receipts that third-party payers report paying to merchants.

The law originally required the third-party reporting to take effect for payments made after Dec. 31, 2011. After business groups said the proposed reconciliation mandate would create huge paperwork burdens for businesses, the IRS in October postponed the requirement by a year, and last week appeared to abandon it completely.

“There will be no reconciliation required on the 2012 Form 1099-K, not do we intend to require reconciliation in future years,” the IRS said in its FAQ posted Feb. 10.

To make sure the IRS doesn’t try to resurrect the proposal, several members of Congress have introduced bills to prevent the agency from moving ahead with the plan. Senate Finance Committee members John Thune (R-S.D.) and Maria Cantwell (D-Wash.) Feb. 10 introduced a Senate bill, after Reps. Aaron Schock (R-Ill.) and Bobby Schilling (R-Ill.) introduced the same bill in the House.

“The overreaching and unnecessary 1099K tax reporting requirement will create a paperwork nightmare for small businesses,” Thune said.

(Source: National Restaurant Association)

“With 960,000 restaurant and foodservice outlets and nearly 13 million workers nationwide, the restaurant industry plays a significant role in our nation’s economy,” said Scott DeFife, Executive Vice President of Policy and Government Affairs for the National Restaurant Association. “We are one of the nation’s largest private job-creators, representing nearly 10 percent of the U.S. workforce. We are an industry of large and small businesses with a strong economic multiplier through the supply chain, including the construction industry and other business services. An engine of job creation in every district and state, seven in 10 restaurants are single-unit operators, putting people to work in every community.

“Current tax law presents taxpayers with a great deal of complexity and unpredictability. A comprehensive review of the tax system is necessary, and could result in certainty, simplicity and fairness, while encouraging economic growth and job creation. We are dedicated to working with Congress on that important task. But until such reform is ready, extension of certain provisions is essential to providing businesses the clarity needed to make investment and employment decisions.

“A provision of critical importance to the restaurant industry is the 15-year depreciation schedule for leasehold improvement property, qualified restaurant property, and retail improvement property. Not only is 15 years is a much more accurate timeframe for recovering the cost of such investments, this provision is an important driver of economic activity. According to the Bureau of Economic Analysis, every dollar spent in the construction industry generates an additional $2.39 in spending in the rest of the economy and every $1 million spent in the construction industry creates more than 28 jobs in the overall economy.

“Another significant provision that expired at the end of 2011 is the Work Opportunity Tax Credit (WOTC), a tax credit provided to employers who hire individuals from several targeted groups who face significant barriers to employment. WOTC encourages employers, including restaurant operators, to hire these workers, enabling these workers to move into self-sufficiency as they earn a steady income and become contributing taxpayers.

“At a time of continued economic uncertainty, these provisions provide much-needed clarity for our members about the tax code. Such clarity encourages investment, increases economic activity and helps create jobs.”

“Restaurant gift cards are popular gifts at any occasion, but we found that they are an especially good choice as a gift option for adult males this Valentine’s Day,” said Hudson Riehle, senior vice president of the Research and Knowledge Group for the National Restaurant Association.

“Celebrating the occasion with a special meal will be on the menu for one-quarter of Americans this February 14, but those who opt to give restaurant gift cards as gifts will, in a sense, extend the holiday to have a special meal another day,” he said.

Given a list of six Valentine’s Day gift options and asked which one they would most like to receive as a Valentine’s Day gift, 31 percent of adults favored restaurant gift cards, followed by jewelry, clothing/apparel, flowers, chocolate and perfume/cologne. When broken down by gender, 46 percent of men favored restaurant gift cards over clothing/apparel at 16 percent, and chocolate at 12 percent. Women indicated that their preferred gifts are jewelry (37 percent) and flowers (23 percent), with restaurant gift cards coming in third at 13 percent.

The survey also showed that nearly half of American adults don’t plan to celebrate Valentine’s Day at all, or celebrate with things other than a special meal. One-quarter will celebrate Valentine’s Day by dining in a restaurant. In addition, one-quarter plans to celebrate the occasion at home or someone else’s home, and of those, 15 percent plan to order restaurant takeout or delivery.

(Source: National Restaurant Association)