The Dish - May 2019

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Hello Members, Flip to Page 5 for information on the upcoming NHLRA Centennial Sunset Cruise taking place on Wednesday, June 5, 2019 aboard the Winnipesaukee Belle. If you have any questions about the event or are looking to get further involved in the centennial year, please con- tact Alexa Soucy at asoucy@nhlra.com. On Page 10 learn more about the major legislative is- sues that are still in play as the New Hampshire Legis- lature is a little over a month away from its planned finish for 2019. Interested in learning how to better build, update and design your employee handbook? Turn to page 23 to learn best practices for your company. As always, if there are any questions or concerns, please do not hesitate to reach out to directly via e- mail or phone (603) 228-9585. Alexa Soucy asoucy@nhlra.com 3

Event details including pricing, location, and registration can be found on nhlra.com. 4

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By: MMG Insurance As happy as most of us are to see the snow melt and the mud dry up, business owners know that what’s be- neath those winter woes isn’t always just green grass. Damage to walkways, driveways and parking lots is common, as is the need for a general clean-up. Whether it’s garbage that was swept up in snowbanks and is now littering the parking lot or faded curb stops and signs that had a close encounter with the plow, spring cleaning isn’t just for homeowners. In fact, those con- cerns can be more than just an eyesore, damage and debris can present safety issues for your customers and employees as well. Tackling the to-do list starts with taking a walk around your property to look for and document any areas that need to be addressed. Specifically, keep an eye out for:  Potholes, cracks, and uneven surfaces  Debris such as loose rocks, gravel, sand and mud  Crumbling, misaligned or faded curb/tire stops and speed bumps  Striping or parking signage that may need to be repainted  Missing utility covers or damaged drain grates  Damaged or poorly illuminated signage  Loose handrails on walkways and steps  Winter supplies (salt/sand buckets, shovels) left out or improperly stored Take care of any dangers that could pose slip and fall risks, or other concerns, as soon as possible. When it comes to cleaning parking lots and sidewalks, consider hiring a professional who can collect and dispose of debris safely. Remember, spring is also a good time to perform routine inspections and tests on equipment such as fire ex- tinguishers, alarms and surveillance cameras. Addressing maintenance needs promptly, whether outside or inside your property will help ensure you are prepared for a successful summer season! mmgins.com | Facebook | Twitter | Linkedin 1-800-343-0533 9

By: Henry G. Veilleux , Sheehan Phinney Capitol Group time that a Governor has proposed funding tourism The New Hampshire Legislature is a little over a promotion at the statutory amount equaling 3.15% of month away from its planned finish for 2019. As we the rooms and meals taxes collecting in the prior head into the homestretch, here are the major issues year. This is a big victory for those in the tourism in- still in play: dustry. The Senate will pass its version of the budget Minimum Wage: The Legislature will soon give the in early June. The Governor has indicated that he governor a bill that would increase the minimum would veto the House-passed version of the budget. wage in phases up to $12 by 2022. While the Gover- The Senate will have to make some significant chang- nor has not yet officially used the “v” word when talk- es to the budget to avoid a veto. If the budget is ve- ing about the legislation, he clearly has said he does toed, a continuing resolution to fund state govern- not support it because he believes the market has al- ment at its current level would likely be passed while ready increased wages. Pundits expect him to veto the legislature and governor negotiate a compro- the bill once it reaches his desk. There would not be mise. enough votes in the Senate to override the veto so it Pool Regulations: The Department of Environmen- will be upheld. tal Services wants to overhaul its regulation of bath- ing facilities (pools, spas, etc). Owners of public bath- Paid Family and Medical Leave: The Governor has ing facilities would annually have to submit a self- already vetoed the Democratic Legislature’s mandato- certification declaration stating that all polls at the ry paid family and medical leave legislation. They facility are in compliance with all the regulations. A have no interest in his voluntary plan. This battle will fee of $250 per pool would be required with the an- end in a draw with nothing being enacted. nual self-certification. The pool would have to be op- $2 Local Rooms Tax: The Senate is currently consid- erated by an individual who has successfully complet- ering House-passed legislation to authorize cities and ed a certified pool and spa operator certification pro- towns to add on a $2 local rooms tax. Expect the gram approved by the Department. This proposal Governor to veto it if it gets to his desk. His veto was submitted by the Governor in his budget. The would not be overridden. House passed it. Now the Senate is considering it. Tourism Promotion: The State budget proposed by Plastic Bags and Straws: Bills to roll back the use of the Governor and passed by the House includes an plastic bags and straws appear to be headed to de- increase of $3 million per year in funding to promote feat. The Senate Commerce Committee has voted 4- 1 to recommend killing both bills. The full Senate is NH as a destination spot. $10.8 million would be ap- likely to follow suit. propriated each year. This is the first time in a long 10

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By: Sprague Operating Resources LLC During the peak winter months of the 2018/19 season (December, January and February), temperatures av- eraged around 30 degrees Fahrenheit, just above that of the previous winter period. However, the region was not subjected to extreme cold temperatures of prolonged duration as we saw in the prior winter period, and additional natural gas supply via liquefied natural gas imports into the region had a significant impact on mitigating extreme price volatility. The result was that average wholesale electricity prices in New England were roughly 75 percent lower than the previous winter. As we head into the summer 2019 season, the electric generation mix continues to transition away from coal, oil, and nuclear power to natural gas-fired generation and renewable energy sources. Not surprisingly, given the large supply of natural gas just outside the region, half of the electricity generated in New England is nat- ural-gas fired. In addition, policy efforts in various New England states in support of renewable energy gener- ation are leading to increased use of wind, solar and other renewable energy technologies. Recently, the Northern Pass Transmission Project (NPTP) – a 192-mile, high-voltage transmission line pro- posed to bring 1,090 megawatts of hydroelectric power from Canada to New Hampshire and New England, was rejected by the New Hampshire Site Evaluation Committee. However, utility regulators to the east (the Maine Public Utilities Commission) granted approval of Central Maine Power’s New England Clean Energy Connect (NECEC) project. Although further regulatory approvals are necessary before the project can move forward, the $1 billion NECEC project – a 145-mile, high-voltage direct current transmission line that would serve as a conduit for 1,200 megawatts (roughly the same capacity as Seabrook nuclear power plant) of Ca- nadian hydropower into New England – has passed a major regulatory hurdle and is expected to be complet- ed in 2022. The peak summer season runs from June through September and ISO-New England forecasts electricity de- mand to be 25,323 megawatts – almost 2 percent below the 2018 summer season with the reduction in de- mand driven by energy efficiency efforts and behind-the-meter solar systems. Under extreme weather con- ditions, demand could reach over 27,200 megawatts; however, ISO-New England expects to have sufficient resources available to meet those conditions should they arise. In addition, it is expected that there will be minimal impacts to the regional bulk power system due to natural gas pipeline maintenance efforts (routine inspections, compressor upgrades) in comparison to prior summer periods, and there are no major season- long mainline natural gas pipeline outages planned. 12

Many factors can affect energy markets including weather-related events and operational factors affecting energy generation and delivery. These events can arise quickly and result in significant market changes that can affect your energy costs. Sprague can help you understand and manage your business in a changing en- ergy marketplace. For more information on energy call 855.466.2842 or visit www.spragueenergy.com. About Sprague Operating Resources LLC: Since 1870, Sprague has supplied the energy products that keep businesses moving forward. Our account managers are local, professional, and knowledgeable in their respective service areas across the Northeast and Mid-Atlantic, with a deep understanding of utilities and market dynamics. As an independent energy supplier, Sprague works with you to create customized energy solutions. We strive every day to help your business succeed. 13

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By Christopher T. Vrountas, Esq. and Allison C. Ayer Esq., Vrountas, Ayer & Chandler, P.C. The United States Department of Labor continues to be  The permanency of the worker’s relationship with the very active, issuing new guidelines concerning two areas  potential employer; important to many employers: 1) independent contractor The amount of the worker’s investment in facilities, status and 2) internships. equipment, or helpers; New DOL Opinion Regarding Independent Contractors  The amount of skill, initiative, judgment, or foresight Status  required for the worker’s services; The worker’s opportunities for profit or loss; and In a recently-issued opinion letter assessing whether “gig  The extent of integration of the worker’s services into the potential employer’s business. workers” are independent contractors or employees, the DOL provided some insight on the factors the agency deems as relevant to determining whether an individual is This latest opinion reflects an intent on the part of the DOL an independent contractor or an employee. Notably, the to respond to changing technology and innovations to the opinion letter seems to present a narrowing view of who is labor market so that workers and employees alike have an employee. clear compliance guidance. But beyond addressing a new type of worker in the technology marketplace, the opinion In this age of smartphone technology, more and more indi- letter is important to other employers as well. viduals are earning (or supplementing) a living as a “gig While your company may not employ “gig workers,” if it worker.” Gig workers are individuals providing services maintains relationships with individuals as independent through a virtual marketplace company in the “on- contractors, you should review the above factors to en- demand” or “sharing” economy, where a smartphone or sure compliance with this standard employed by the cur- computer application connects these service providers to rent administration’s DOL. The proper classification of the ultimate consumer. The easy examples of this model workers as employees or independent contractors is criti- are Uber and Lyft. cal to a variety of operational issues in any business includ- The DOL recently issued an Opinion Letter that, under the ing wage payments, workers’ compensation, eligibility for circumstances present in the request for the opinion, the leave and other benefits, and insurance coverage, among gig worker was an independent contractor and not an em- others. ployee of the company. In reaching this conclusion, the DOL applied a test focusing on the economic dependence Updated DOL Guidance on Interns of the worker on the potential employer. To reach this Most employers know that employees cannot work for determination, the DOL applied a six-factor test examining: free. The Fair Labor Standards Act (“FLSA”) requires “for profit” employers (which encompasses  The nature and degree of the potential employer’s most entities operating a business enterprise) to actually control; pay employees for work performed. The FLSA further 20

provides that employees have to be paid according to  including the clinical and other hands-on training pro- the minimum wage and overtime standards set forth in  vided by educational institutions. the FLSA. Individuals who are “interns” may not be re- quired to be compensated for their work. The extent to which the internship is tied to the intern’s formal education program by integrated coursework or Updated DOL Guidance on Interns  the receipt of academic credit.  Most employers know that employees cannot work for  The extent to which the internship accommodates the free. The Fair Labor Standards Act (“FLSA”) requires “for intern’s academic commitments by corresponding to profit” employers (which encompasses the academic calendar. most entities operating a business enterprise) to actually pay employees for work performed. The FLSA further The extent to which the internship’s duration is limited provides that employees have to be paid according to to the period in which the internship provides the intern the minimum wage and overtime standards set forth in with beneficial learning. the FLSA. Individuals who are “interns” may not be re- quired to be compensated for their work. The extent to which the intern’s work complements, rather than displaces, the work of paid employees while providing significant educational benefits to the intern.  The extent to which the intern and the employer under- But as usual in the application of the law, determining stand that the internship is conducted without entitle- who is and is not an intern can be tricky. First and fore- ment to a paid job at the conclusion of the internship. most, employers must realize that the worker’s title is not the deciding factor. Irrelevant of an individual’s job The DOL notes that the “primary beneficiary test” is intend- title, if in practice an unpaid intern is actually an employ- ed to be a “flexible test” and as such, no single factor is de- ee, then a business may be violating the FLSA by not pay- terminative as to whether an individual is an employee or ing that individual. an intern. Rather, the DOL will assess whether, applying all 7 factors to the circumstances of a particular employment The Trump-Era DOL issued Fact Sheet #71 updated guid- relationship, an individual is an intern or an employee. If ance which changed the standard about when an individ- the circumstances support that someone working as an in- ual is an intern who is not required to be paid for his or tern or student is actually an “employee”, the employer her work. The DOL has adopted the “primary beneficiar- must pay the worker and meet the minimum wage and ies test” to determine whether an intern or student is in overtime requirements of the FLSA; if the circumstances fact an “employee” that must be paid in accordance with establish that the individual is an intern, then he or she is the FLSA. The test seeks to examine the “economic reali- not entitled to either minimum wage or overtime pay under the FLSA. ty” of the intern-employer relationship to determine which part is the “primary beneficiary” of the relation- ship. The DOL has set out seven (7) factors to be ana- To avoid running afoul of the FLSA, employers who have lyzed to determine whether an individual is an intern or internship programs are well advised to reassess whether an employee under this updated standard: these workers are actually interns under the DOL’s updated 7-factor approach. Employers who have not in the past had  The extent to which the intern and the employer internship programs may also now wish to consider devel- clearly understand that there is no expectation of oping one given the more flexible approach adopted by the compensation. Any promise of compensation, ex- DOL. press or implied, suggests that the intern is an em- ployee—and vice versa. 250 Commercial St Suite 4004,  The extent to which the internship provides training Manchester, NH 03101 that would be similar to that which would be given in (603) 782-8444 an educational environment, 21

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By: Clark-Mortenson An employee handbook is an easy way to transmit im- 5. Require employees to sign a statement acknowledging portant information to employees in a comprehensive that they have received the handbook and understand its manner. Employee handbooks provide company infor- provisions. Keep a copy in each employee’s personnel file. mation for new employees, serve as a reference for sea- 6. Make sure that your handbook includes a list of offenses soned employees, ensure that all individuals are consist- which are subject to discipline (but also note it is not a ently treated with regard to company policies and proce- comprehensive list). dures, and can protect the company from potential law- suits. 7. Be sure to include an email, voicemail and internet us- age policy. When creating a handbook for your company, draft it as 8. Include a section concerning equal employment oppor- a quick reference guide for employees. Generally, it is tunity and harassment. best to keep the document under 20 pages. Handbooks should be reviewed every one to three years to ensure 9. General language gives you flexibility and allows your the policies and procedures are still relevant and up to handbook to be changed easily. date. In addition, it is best to individualize your hand- book so that each policy pertains specifically to your 10. Common trouble areas include policies on discipline/ company and employees. progressive discipline, layoffs, severance pay, probationary periods, performance evaluations, work rules and employ- Employee Handbook Best Practices ee benefits. If you choose to include policies on these top- ics, legal counsel should carefully review them. 1. Have your handbook reviewed by legal counsel to en- sure it does not contain unlawful provisions or language 11. Make sure that the documentation within your organi- that could be interpreted as creating an employment zation is consistent. contract. 12. Define the terms that you use, such as “excessive tardi- ness,” “insubordination,” etc. 2. Make sure your handbook clearly states that it is not a 13. Make sure supervisors understand that their discretion contract and that the employment relationship is “at is limited and that they cannot modify the handbook. Con- will” and can be ended at any time with or without sider supervisor training sessions on policies such as FMLA, cause. ADA, harassment, employee discipline, interviews, etc. 3. Include a statement that has the right to revise poli- Review your handbook annually to make changes and then cies at any time. have legal counsel review those provisions. Give employees notice and have them sign off on significant changes. 4. Include an effective date on each page of the employ- ee handbook and include a statement that the current handbook replaces any previous handbook. 23

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By: Amie Pariseau, NHLRA ProStart students are given the opportunity to put their skills to the ultimate test by participating in the Na- tional ProStart Invitational, which is held annually in the spring. During this intense culinary competition, par- ticipating teams demonstrate their creative abilities through the preparation of a three-course meal in 60 minutes, using only two butane burners, and all without access to running water or electricity. There is no room for error as the teams are evaluated on taste, skill, teamwork, safety and sanitation! During the Restau- rant Management competition, students design their own restaurant in ProStartville and present to a group of judges on their concept, menu and costing, marketing, critical thinking, and operations. We couldn’t be more proud of White Mountains Regional High School, Whitefield who represented New Hampshire in both the culinary and management competition last week at the National ProStart Invitational. With a perfect score in safety and sanitation and a well-executed menu of Duet of Quail (pan seared breast, sunny side egg, wilted watercress, pan roasted mushrooms, and blackberry maple gastrique), Cornmeal Crusted Rainbow Trout (buttermilk soaked, smokey crimson lentils, asparagus, parsnips, and pickled red pearl onions), and Mango and Hazelnut (pliable mango curd, mango relish, hazelnut dark chocolate ganache, and caramelized hazelnut crumble), the culinary team placed eighth out of 46 teams. This is the best showing our state has had in the six years of competing at the National ProStart Invitational. The team of three seniors and two juniors was also the top placing New England team, followed by Maine in 19th place. A standing ova- tion for Garrik, Erin, Hunter, Zeke, and Macee! The White Mountains management team invited the judges to “come gather at our table.” Settled near ProS- tartville’s college campus, the goal of their restaurant HOME was to provide their customers with a home away from home. Serving comfort foods such as traditional roasted “Sunday Chicken” for two, Apple Smoked Bacon Wrapped Meatloaf, and Cookie and Milk, HOME offered many seating styles for their guests including counter service, family style dining, small tables for studying, and a living room to eat and relax. One of the judge’s asked how the team would handle an influx of customers at one time. “We have TV trays ready to go to transform our living room and foyer into additional dining space.” The answer was well received. The sta- ple of HOME was the focus on family with their customers and employees alike. Their HOME “Family Feature” was a rotating menu item where customers submitted a family recipe to be created by HOME chefs and shared in the restaurant. Using the feedback they received when they competed at Nationals in 2018, Domi- nic and Hunter and their new team members Nicole and Danica, jumped 16 slots from 2018 and placed 22nd out of 45 teams in 2019. New Hampshire is only in its second year of competing in management and White 26

Mountains walked away with the best finish thus far. High fives all around to Dominic, Nicole, Hunter, and Danica! We hope to see current sophomore Nicole and Danica, a junior, compete next year. The excitement, enthusiasm, and passion that is seen at Nationals from judges to teachers and from students to parents is top notch. These competitors are the future of the hospitality industry and the NHLRA and its education foundation are honored to support and cheer them on. I know I will forever be a White Mountains Spartan! 27

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By: Amie Pariseau, NHLRA Congratulations to this year's Educator of Excellence, Mike Levin. Every year the National Restaurant Association Educational Foun- dation recognizes exceptional ProStart educators with the ProS- tart Educators of Excellence Awards. Mike was nominated in the category of \"Classroom Expertise\". These are educators who have demonstrated expertise in applying creative techniques in the classroom to maximize the ProStart program's benefits and en- gage students to achieve their highest potential. Mike and his fel- low educators were invited to the National ProStart Invitational to receive their awards and participate in a variety of different pro- grams. The below is from the National ProStart Invitational pro- gram highlighting and celebrating Mike's achievement: Michael Levin is an 18-year veteran of ProStart and has been teaching for 23 years. He is actively involved with the New Hamp- shire Lodging & Restaurant Association and ProStart and had teams competing in both the culinary and management catego- ries at his state competition. His State Coordinator notes that they \"appreciate the way he leads his students to think and process versus providing answers. Michael encourages his students to ask questions and actively engage.\" He sees his greatest challenge as addressing the needs of students across four grades and a wide variety of abilities and disabilities. His long- time commitment to and extensive knowledge of ProStart along with his industry background and years in teaching has helped him to hone his student-centered educational focus. Michael can motivate, en- courage, and most importantly, teach, all while keeping in mind that each student is truly unique. The real- world experiences his students enjoy include running a restaurant open to the public, in which the students rotate through stations to get the complete experience and participating in competitions. Project-based learning assignments are common and comprehensive. For example, a smoothie project encompassed recipe creation, product yields, costing, portion control, and marketing. One of Michael's students characterized her experience this way, \"He is dedicated, goes in-depth on each unit for better understanding, and takes time out of his own schedule to help you understand the unit as well as to help you excel, to be the best chef you can be.\" 31

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By: The Red Arrow Diner Unfortunately, she learned in her second trimester that she had a heart defect called cardiomyopathy. Essential- Like many employers in the fast-paced hospitality industry, ly, Crystal’s heart muscle is diseased and was failing, the Red Arrow Diner values loyal, dependable and engaged which also meant her pregnancy was at risk. After ex- employees. We also recognize that employees who thrive hausting all possible options, doctors advised Crystal to in the relentless and unpredictable environment of work- end her pregnancy in order to save her life. ing in a 24-hour diner are priceless. Because of the severity of her heart condition, Crystal is We truly believe our employees are our greatest asset. The unable to have any future pregnancies. She and her hus- servers, hosts, cooks, managers and kitchen staff are in- band decided to turn to in vitro fertilization (IVF) to make deed a huge reason why each of its four diner locations are their dream of becoming parents come true. While IVF known for their vibrant and inviting atmospheres. Red Ar- can be successful, the process is also very expensive. Car- row Diner employees genuinely enjoy coming to work eve- ol and George were inspired to find a way to support ry day, and a large part of that is because the company their dedicated employee as a small token of apprecia- believes that a successful professional relationship is a two tion for her years of service. -way street. Co-Owners Carol Lawrence-Erickson and George Lawrence strive to lead by example by providing The Red Arrow Diner is proud to announce a fundraiser unwavering support for all Red Arrow Diner staff members, raffle for the month of June called The Beat Goes On. from the newest hires to the most seasoned management. The public is invited to purchase a raffle ticket for just $1.00 at any Red Arrow Diner location or through their This dedication to the team has tangible benefits for busi- website for a chance to win a variety of fantastic prizes, ness! Each diner’s incredible team works hard every day, including a first prize of breakfast for two for an entire all day, to create the most enjoyable dining experience year and a second prize of a clambake basket filled with possible for every single patron. Crystal Otis is the epitome summertime goodies. All ticket sale funds will go directly of a dedicated team member. Crystal began her journey at to Crystal in support of her IVF journey. Red Arrow Diner in 2014 managing the front of the house in the company’s Manchester location. She has many great All of us at Red Arrow Diner are dedicated to our family memories working with team members who became like of employees and invite you to help us spread the word family and loved the diner’s fast-paced environment. so that the beat can go on for Crystal. These days, Crystal is the Executive Assistant at the Red Arrow's Corporate Headquarters where she is overjoyed to 814 Elm Street, Suite 102 work side-by-side with the company’s executive manage- ment team on a daily basis. Outside of the diner, Crystal's lifelong dream was to be- Manchester, NH 03101 come a mom. After months of hope, Crystal finally learned 877-973-4637 the wonderful news: she was expecting her first child. www.redarrowdiner.com/ 34

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April 2019 - May 2019 Bubba’s Bar & Grille Crown Linen Service Gordi’s Fish and Steak Hampton House Hotel House Jack Daniel’s Motor Inn Jumpin’ Jay’s Fish Café LaBelle Winery Shibley’s At The Pier How to Pay your - Pay online by logging into your account at nhlra.com Dues - Call the NHLRA office at 603-228-9585 - Mail a check to 16 Centre Street, Concord, NH 03301 37

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