The Dish - February 2020

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Hello Members! The February issue is finally here! This Dish is packed with fantastic submissions highlighting upcoming trends in the industry, safety reminders for your workplace, and important information regarding your retirement and estate planning based on the recently passed SECURE Act. Make room in your schedule to attend the upcoming NHLRA Workforce Series: Unlocking NH’s Hidden Tal- ent Pool on Monday, March 9 at Granite State College in Manchester and Monday, March 16 at Red Jacket Mountain View in North Conway. If you are struggling to find workers, this free member event is for you. The NHLRA has organized a panel of professionals from State and community resources across the state that work with the often overlooked workforce groups including New Americans, Veterans, and peo- ple re-entering the workforce. Further event details can be found on page 14 of The Dish. Register today! As always, e-mail your compliance articles, latest phi- lanthropy efforts, staff promotions, and other infor- mation you would like to share with the NHLRA mem- ber community in future editions. Alexa Soucy [email protected] 3

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By: Heartland With Valentine’s Day approaching, love is in the air. But if bounds: EMV chip cards, Apple Pay. Google Pay, Samsung you’re not in love with your point of sale (POS) because pay and more. Supporting the methods guests prefer to it’s unreliable and hard to deal with, it’s time for a change. pay is fundamental to your ability to serve them, including Breaking up with your POS doesn’t have to be messy. digital wallet, pay-at-the-table and pay by guest app op- Look for these telltale signs that you and your POS are no tions. Your POS should serve that expectation, too. longer compatible. Your POS makes data vulnerable to attack Your POS isn’t cloud-based Data attacks on POS systems in hotels, restaurants, and If your POS system isn’t operating in real time, you’ve lost foodservices are notoriously common. To protect you and the ability to see an immediate and complete picture of your customers, your POS must have the latest security what’s happening at your business, what isn’t happening, measures. An investment in a cloud-based POS system and what absolutely needs to happen in terms of day-to- that is PA-DSS compliant, and partnering with payment day operations. For example, a traditional POS requires partners who support these strict standards, helps you you to run reports from an in-store terminal, so your abil- avoid data breaches. In turn, this helps you avoid the ity to make data-driven business decisions is limited to costs associated with attacks, which are significant. when you're at a business location. Having real-time sales and inventory information in the palm of your hand wher- Your POS system is unreliable ever you are is a game changer. That immediacy can only Outages and hardware issues can occur at the worst pos- be provided by a POS system connected to the cloud. To sible moment. The question is: How do these circumstanc- stay competitive, moving to the cloud-based POS be- es affect your POS? Can you continue to serve guests dur- comes a necessity, not a luxury. ing an outage? If not, this is yet another sign that your Your POS isn’t user-friendly POS needs to be replaced. Modern POS technology pro- vides performance that legacy systems can’t match. Does your staff hate using your POS when it comes to They’re designed to perform flawlessly (99.999%), and voids, refunds, split payments, modifiers, and last-minute you can continue taking orders and payments even if the changes to order details? If your staff has bad user experi- internet goes down. ences on your POS, chances are your guests have too. A well-designed POS increases staff productivity. For exam- Your POS system doesn’t meet guest expectations ple, it is far quicker for a staff member to punch an order Flexibility is key to a great guest experience. If your POS into an iPad and send it directly to the kitchen or bar than doesn’t connect easily with loyalty programs, self-serve to write it down. kiosks, and provide electronic receipts, it’s not connecting with how your guests want to interact with your business. Your POS system doesn’t accept all payment options For instance, your POS should allow guests to be served If your POS isn’t keeping up with all of the rapidly expand- and billed right where they are. It should integrate with ing ways customers want to pay, you’re missing out on loyalty apps, and split a bill between customers and vari- sales. Payment technology is evolving at leaps and ous modes of payment. If your POS solution is letting you down in these areas, it’s time to say goodbye. 6

Your POS isn't supported by the right partner Have you had issues or questions which required you to contact your POS provider? Did that partner immediately re- solve these issues, or did a delay cost you sales? As the most critical tool in your store, any questions about your POS system should be answered promptly in person, via phone, chat, email and a 24/7/365 support center. You should nev- er have to go it alone. About Heartland Heartland provides entrepreneurs with software-driven technology to manage and grow their business. The company serves more than 400,000 merchants nationwide, delivering trusted solutions for payment, payroll and human re- sources, point of sale, customer engagement and lending. Heartland is a leading industry advocate of transparency, merchant rights and security. Heartland is a Global Payments Company (NYSE: GPN), a Fortune 500 Company. Learn more at heartland.us. Heartland A Global Payments Company Bobby Higdon [email protected] (812) 989-6044 7

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By: The National Restaurant Association Comfort food and innovation are pairing up on this year’s survey, they slipped out of the top ten this year. CBD list of what’s hot in trends and creations coming to diners snacks and sweets appeared in the dessert category and from restaurant kitchens. The annual What’s Hot Report CBD-infused foods and beverages are in the top 5 culi- [link], released today by the National Restaurant Associa- nary innovations. tion, offers a detailed look at topics, trends, and products– from the ordinary to the surprising–rated sizzling hot by The What’s Hot survey was conducted in November- chefs working in kitchens across the country. December 2019. More than 600 American Culinary Fed- eration chefs rated 133 individual trends in 12 catego- Diners will see many more alternatives in restaurants this ries, identified in partnership with Technomic. Download year, as owners and operators adopt eco- friendly packag- the full report here. ing, plant-based proteins, revamped classic cocktails, spe- cialty burger blends (mushroom-beef burgers, etc.), and About the National Restaurant Association unique beef and pork cuts, which all made the list of top 10 trends. Founded in 1919, the National Restaurant Association is the leading business association for the restaurant indus- “These trends reflect Americans’ desires to combine the try, which comprises more than 1 million restaurant and tried and true with the new and different,” said Hudson foodservice outlets and a workforce of 15.3 million em- Riehle, senior vice president of research for the Associa- ployees. Together with the National Restaurant Associa- tion. “This mix of comfort and edginess is a microcosm of tion Educational the world we live in. Consumers want something different, but want to keep what satisfies them at the same time, Foundation, the Association works to lead America’s res- and more than 1 million restaurants around the country taurant industry into a new era of prosperity, promi- are ready to meet those wants and needs.” nence and participation, enhancing the quality of life for all we serve. For more information, visit us at Restau- For the first time, the What’s Hot Report also looked at off- rant.org. premises trends as restaurants and third party delivery services respond to the rising consumer preference for de- livery. Eco-friendly packaging was the overwhelming leader in the category, reflecting the increased importance res- taurant operators are putting on sustainability practices. Healthy is also hot this year. According to the survey, 2055 L St. NW, Suite 700, healthy bowls will sizzle on more menus, and Washington, DC 20036 healthy kid’s meals continue to be top-of-mind for parents (202) 331-5900 | (800) 424-5156 and chefs alike. And, while CBD-infused foods led the 2019 13

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By: Nichole Thomas, Beckwith Restaurant Enterprises our vision to make services available to all, over $8 mil- lion in free or subsidized services was provided to those This March Subway restaurants of New Hampshire are join- families that could not afford them. To find out more ing Maine and Vermont Subways to team up with Easter- about Easterseals programs and events, visit Facebook seals for a special promotion. The goal is to help Easterseals or their State websites (easterseals.com/NH; easter- provide services to individuals with disabilities or special seals.com/Maine; and easterseals.com/VT). needs throughout northern New England. Subway restau- rants will be asking patrons if they would like to donate a $1 Dave Beckwith, Franchise Owner and Business Develop- for Easterseals and giving them a $1 OFF coupon for their ment Agent for New Hampshire noted “We are very next visit when they do. excited to partner with Easterseals in March. Our Sub- ways’ are locally owned and operated, and our fran- This partnership, which will run throughout the month of chisees have always been strong supporters of their March in Northern New England, will allow Easterseals to local communities.” provide vital services to vulnerable individuals in our com- munities. “We are grateful to Subway for this generous op- The Subway restaurant chain continues to evolve the portunity, not only to benefit from the donations of their dining experience, offering guests in more than 100 customers, but also to be able to spread awareness of our countries quality ingredients, as well as robust flavor programs and services throughout the region,” said Easter- combinations with nearly 7 million made-to-order sand- seals President and CEO, Maureen Beauregard. “Support wiches created each day. The Subway brand provides from the community, through businesses and individuals, is an alternative to traditional fast food offering guests tremendously important to us as we carry out our mission billions of sandwich, salad and wrap combinations. All and ensure that people who need our help are able to find Subway restaurants are owned and operated by almost it.” 21,000 Franchise Owners who employ hundreds of thousands of people globally. The Subway experience is The mission of Easterseals is to provide exceptional services also delivered online at Subway.com, through Sub- to ensure that people with disabilities or special needs and way.com/Delivers, and the Subway® App. their families have equal opportunities to live, learn, work, and play in their communities. Our 13 core programs include Subway Child Development Centers and Family Resource Center, Nichole Thomas Early Supports and Services, Autism Services, Residential & [email protected] Educational Services, Transportation Services, Camps and 603-223-2557 Recreation, Community Based Services, Workforce Develop- ment, Substance Use Treatment, Military & Veterans Ser- vices, Senior Services (center based, and home based), Oral Health Services. With this diverse array of programs that address critical needs across the lifespan, last year alone, we assisted over 28,000 children, adults, and seniors through- out Maine, New Hampshire, and Vermont. In keeping with 16

Great NH Restaurants is made up of T-BONES, CJ’s, Cactus Jack’s, and Copper Door 17

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By: Christopher T. Vrountas, Esq. and Allison C. Ayer, Esq., Vrountas, Ayer & Chandler, P.C. On December 17, 2019, the National Labor Relations This overturns the 2014 Purple Communications decision Board (the “Board”) issued two decisions favoring em- where use restrictions on email and other technology was ployers’ rights to implement rules in their workplaces that found to violate the NLRA. tend to limit employees’ communications about work- place matters. Briefly, the Board decided that policies In Apogee Retail LLC d/b/a Unique Thrift Store and Kathy restricting how employees use company email and other Johnson, 368 NLR No. 144 (Dec. 17, 2019), the Board decid- technology, as well as rules requiring confidentiality in ed that rules requiring employees to maintain confidentiali- workplace investigations DO NOT violate the National La- ty during a pending workplace investigation are per se law- bor Relations Act (“NLRA”). The NLRA is the Federal law ful under the NLRA. On the other hand, rules requiring con- that addresses employee rights to unionize, collectively fidentiality after an investigation has ended, or which are bargain and to engage in other protected, concerted ac- ambiguous as to whether they apply only to open investiga- tivity to address workplace conditions and improve on- tions, will face heightened scrutiny and be considered law- the-job issues. ful only when the adverse impact on NLRA-protected con- duct is outweighed by a legitimate justification for confiden- In Caesars Entertainment d/b/a Rio All-Suites Hotel and tiality. The different treatment for open and closed investi- Casino, 368 NLRB No. 143 (Dec. 17, 2019), the Board de- gations is based on the Board’s view that the justifications cided that in most cases, employees have no statutory for confidentiality – including protecting employee whistle- right to use their employer’s email system or other IT re- blowers/witnesses and encouraging the disclosure of truth- sources for non-work related activities, including NLRA- ful, unvarnished facts – are just not as relevant after an in- protected activities. The only exception is the “rare case” vestigation so as to justify infringing on employees’ efforts when an employer’s email system provides the only rea- to engage in collective activity. This decision overturns a sonable means for employees to communicate with one 2015 decision that confidentiality rules were lawful only another about job conditions or other workplace issues. when an employer could prove that the integrity of an in- In those unique circumstances, rules restricting the email vestigation would be compromised without it. use could be found unlawful. But generally, an employer will not violate the NLRA by prohibiting nonbusiness use What does this mean for employers? of email and other IT resources, absent proof that em- These decisions make lawful rules that before would have ployees would otherwise be deprived of any reasonable violated labor organization law and put companies at risk of means of communicating, or proof of discrimination a NLRA claim. As a result, it may be a good time for em- against labor organizing activities. The employer in this ployers to review their written policies and handbooks and case stated in its handbook that computer resources decide whether they should make any changes to for exam- could not be used to discuss the company on internet ple email and investigation policies. In doing so, employers chatrooms or to send chain letters or other forms of “non should make sure that any new rules are carefully drafted -business information.” These restrictions, according to and applied in fair, even-handed fashion to all employees the Board, were lawful and permissible. and workplace groups. 20

For all intents and purposes, the Caesars Entertainment decision green lights most facially neutral workplace rules that restrict how and when employees can use email or other technology. Employers who did not previously limit the use of company-issued email or other technology to only business-related matters may wish to do so now. But employers must remember that any such company rule must be applied in a non-discriminatory manner in order for it to be law- ful. Employers who are found to enforce business-use only email rules on employees who may be engaged in labor organizing activity or other concerted activity may be found to have violated the NLRA despite the Ceasar Entertain- ment decision. As a result of Apogee Retail LLC, employers should also think about changing their workplace investigation or sexual harassment policies that require employees to maintain the confidentiality of open workplace investigations. Further to that point, the Board identified as a basis for allowing confidentiality under the NLRA in open investigations the fact that such confidentiality was consistent the Equal Employment Opportunity’s stated encouragement of maintaining confidentiality in sexual harassment investigations. Employers should make sure that any written description of such confidentiality rules make clear that they apply only to pending investigations. This will help to avoid a higher degree of scrutiny if the rule is ever challenged as violating the NLRA. Employers should also always remember that in-person oral communications or distribution of literature during non- working time in nonworking areas of the employer’s premises will continue to be protected from employer restriction under the NLRA even despite these recent decisions, and should not be restricted without careful guidance from the company’s general counsel or outside lawyers. 250 Commercial Street, Suite 4004 Manchester, NH 03101 (603) 782-8444 www.vaclegal.com 21

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By: Doris St. Pierre, Tappitapps LLC PlaceNorder provides businesses with branded mobile and Total control - The platform enables establishments to online ordering technology that lets customers order and manage everything themselves, in real-time, including pay ahead and gives companies the data that they need to menus and pricing. Behind the scenes, we provide know their customers better. onboarding and ongoing support to ensure the service is always fully operational and market ready. Why offer online and mobile ordering - 3 quick reasons Entirely under your brand - Why compromise your hard- earned reputation by promoting your app under someone More revenue - Why offer online and mobile ordering - 3 else’s brand? PlaceNorder is entirely white label, which quick reasons Due to ease of use, cashless transactions and means you can advertise your order platform to customers opportunities for up-sells and cross-sells, customers who under your logo, with your images and colour scheme. order online or from their smartphone tend to spend more Access to data - With mobile and online ordering technol- on food and drink. ogy working together seamlessly with payments, your Improved customer loyalty - Mobile and online ordering business gains improved access to, and a more rounded streamline choosing, ordering, and paying; consumers view of the data that helps you better understand and don’t want to wait in line anymore. They want to be able to serve customers. Rich data analysis will help you make order at a time that’s convenient to them, whether that’s decisions about the direction of the company and you will hours, or weeks in advance. see the immediate feedback from customers as they react Better operational efficiency - Unified workflows for order to these changes. All customer data is saved and present- processing and payment processing helps avoid complica- ed in useful reports, which can be exported and matched tions, increases operational efficiency, improves stock con- up with any CRM systems to conduct in-depth marketing campaigns. trol, lowers risk and grows margins. Communication directly with customers – There’s no mid- Benefits of having a PlaceNorder white-label platform dleman. Your orders come straight to you. Furthermore, you have the ability to send your customers push notifica- Commission-free orders - Benefits of having a PlaceNorder tions to their phone. white-label platform All orders are commission-free for you Transactions straight into your account - Through Stripe when you sign up to any of our packages; we charge a flat and Worldpay, our payment processing partners, transac- monthly fee. tions go directly into your account. PlaceNorder does not Fully integrable or Stand Alone - PlaceNorder’s platform is hold any of your transactions. Payments are securely and flexible, our API is strong, fast and sophisticated and we easily processed through the platforms. work with partners to offer a complete mobile and online commerce solution. PlaceNorder’s technology integrates with EPoS, loyalty, CRM, payment, and printing systems. By integrating PlaceNorder with your existing systems, you facilitate a flow of real-time information across your busi- Tappitapps LLC ness and have a single view, which helps you make in- Doris St Pierre formed business decisions. [email protected] 603-315-5385 25

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January 2020—February 2020 Adair Country Inn Aldworth Manor Atlantic Grill Belmont Hall and Restaurant Restaurant Candia Springs Cercle National Club CGI Business Insurance Cookie’s Café Adventure Park Cross Insurance Delaney’s Hole in Flat Iron Catering Co. Franconia Inn the Wall dba. Chef Koz’s Crescent City Kitchen Gellfam MGMT Corp General Linen Gordi’s Fish and Steak Havenwood Heritage dba Five Guys Service Burgers & Fries House Heights Inn at Pleasant Lake Josselyn’s Getaway Lakes Region Mainsail Motel & Cottages Cabins Community College Martingale Wharf Mr. Mac’s NH Brewers Association NH Motor Speedway Red Parka Sea Ketch Vito Marcello’s Italian Water Street Cafe Steakhouse & Pub Bistro 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 35