Are you a restaurant or hospitality member looking to learn more about the benefits our vendor members offer? Then check out this quarter's Digital Allied Mailer where you can learn about some of our awesome vendors and what they can do for your business!
This publication is best viewed in full-screen mode.
We would like to give a special shout-out to our Super Allied Vendors who invest substantial dollars and time each year to support the work we do. Their partnerships with the association allow us to fulfill our mission of supporting, educating, and advocating for our members.
Heartland Payment Systems • Sea Breeze Syrups • Scarinci Hollenbeck • Performance Foodservice, Metro NY • UnitedHealthcare • Allied Beverage Group • Opici Family Distributing • Fedway Associates • Delaware Valley Purchasing Group • Ecolab • MICROS Retail Systems • Casino Association of New Jersey • South Jersey Energy • New Century Health Solutions • MacLean Agency • Asian American Hotel Owners Association • True & Associates • Longview Construction
By Katherine Landergan - 03/12/2018 07:00 PM EDT
TRENTON — A proposal that would guarantee paid sick leave to nearly all New Jersey workers cleared its first major legislative hurdle on Monday, but not before the primary sponsor negotiated amendments she says will satisfy both business owners and labor advocates.
One union official and a key lawmaker, however, weren’t happy.
“I feel good about where we are, and where we’ve landed,” Assemblywoman Pamela Lampitt (D-Camden) said after the Assembly Labor Committee voted 6-2 to advance the measure.
The original legislation allowed both full- and part-time workers up 72 hours that could be used as paid sick leave or personal time off. Under the amended bill, all workers will be able to earn 40 hours of paid leave.
Senate Majority Leader Loretta Weinberg (D-Bergen), the sponsor in the upper house, said she planned to push back on that amendment.
“I would have preferred to see a stronger bill,” Weinberg said in a phone interview Monday afternoon.
Passage of the bill would, for the first time, guarantee paid sick time for upwards of 1 million private sector workers and would make New Jersey the 10th state, along with the District of Columbia, to implement such a law.
It would also be a victory for Gov. Phil Murphy and Senate President Steve Sweeney, at a time when the two men are clashing over major policy issues like taxes. Assembly Speaker Craig Coughlin has not yet weighed in publicly on the bill.
Lampitt said the amendments she negotiated over the weekend will allow employers to “black out” certain dates, such as some holidays, under which employees could not take personal time. The amended version would also exempt per diem hospital employees, and seasonal workers who work fewer than 120 days, and supersede existing paid sick leave laws in 13 municipalities.
The changes were welcomed by some members of the business community, many of whom had opposed the original legislation.
Marilou Halvorsen, president of the New Jersey Restaurant & Hospitality Association, said that with some additional changes, her group might publicly back the proposal.
“If we can find an agreeable employer and employee compromise, that’s the right thing to do,” she said.
But Kevin Brown, New Jersey state director for 32BJ SEIU, was angered by the amendments, and called the change from 72 hours to 40 hours of leave time “extremely disappointing.”
Brown, whose union represents 12,000 property service workers in New Jersey, said the new legislation will prevent union workers who don’t currently have earned sick time, from gaining it until their next contracted is negotiated.
“That’s ridiculous,” Brown said.
On the issue of per diem hospital workers, Analilia Mejia, executive director of the New Jersey Working Families Alliance, told the labor committee she understands the reasoning for excluding nurses, who earn high hourly rates. But, she said, it should not exclude other lower wage per diem hospital workers.
“We hope you to look at this issue with a scalpel and not a hatchet,” she said.
One change that both the New Jersey Business & Industry Association and the New Jersey Chamber of Commerce are lobbying for is an exemption for small businesses with fewer than five employees. It’s an idea that Lampitt says is not on the table right now.
Assemblyman Harold Wirths (R-Sussex), who served as labor commissioner under former Gov. Chris Christie, said the state needs to stand up for the small businesses and give them more flexibility.
“As a former labor commissioner I cannot see why anyone would want to grow their business in New Jersey right now,” he said.
The limited amount of data available indicates that providing paid sick leave has not had a negative impact on businesses. A 2015 study by Rutgers University’s Center for Women and Work examined how Jersey City’s law worked during its first year. According to the study, most employers did not report problems and about a third who had to change their policies reported increased productivity.
Op-ed by NJRHA President Marilou Halvorsen for ROI-NJ. Read the original op-ed here.
The recent ROI-NJ editorial, “Why tip sharing really is tip stealing,” paints the restaurant and hospitality industry as a conglomerate of unscrupulous business owners. The editorial is factually incorrect and prejudicial to the industry. On the contrary, we are an industry of philanthropy; our businesses are the go-to resource for many community organizations looking for sponsorships and benevolent contributions.
First, let’s address the fact that the proposed federal regulation on tip sharing by the Department of Labor is still in the comment stage of administrative procedure — the response by some has been strident, amid accusations of wage theft and worse.
It should be understood, however, that the sharing of tips has been permitted long before these regulations were proposed. While it is an established principle of wage and hour policy that tips are the property of the employee, it is also well-established law in most jurisdictions that employers may take a “tip credit” against the payment of minimum wage to tipped employees. Under this system, the tip credit is normally shared with others in the chain of service, such as front-of-house employees, servers, busers and bartenders — not managers, supervisors and owners.
Even under regulations from President Barack Obama’s administration, tip pooling was expressly permitted, provided that all front-of-house staff received the federal tipped employee minimum wage of $2.13. Additional tip money would bring them up to or above the overall federal minimum wage. According to the Wage and Hour Division’s fact sheet on tipped employees under the Fair Labor Standards Act, although an employee must retain all tips earned, a valid tip pooling or sharing arrangement among customarily tipped employees (e.g., waiters, bellhops, bartenders) is permitted. A valid tip pool may not include those employees who do not customarily receive tips (e.g., dishwashers, cooks, chefs, janitors).
In the Fourth and Tenth Circuit cases, these courts went even further by ruling that tips could be shared among all workers, provided that the employer paid the full minimum wage to its employees before tips were shared.
Again, it should be repeated that all New Jersey tipped employees must make the mandated $8.60 minimum wage. If a tipped employee doesn’t make enough in tips, the restaurant owner makes up the difference.
(READ MORE from ROI-NJ on the proposed regulation.)
Arguably, a state law may “nullify” federal law if the state law is considered more generous. I believe that, although the current state law concerning tip sharing may be challenged in court, it will prevail.
No one wants to allow employers to take tips from their staff. Tips should not go to owners, managers and the like. That’s an unethical business practice, and not what the DOL ruling is trying to accomplish. The aim is to allow a percentage of tips to be given to dishwashers and kitchen staff to acknowledge their contribution to guests’ dining experiences. Tips belong to the hourly employees that provide the guest dining experience. This should be included in the final regulation of the DOL ruling.
To suggest that tip sharing is tip stealing is off-base and prejudicial.
By Marilou Halvorsen, NJRHA President
The beginning of every new year brings hope and promise. Resolutions are made, diets are started, and commitments to ourselves and others are promised. It is a time to reflect on the previous year and what lessons can be learned.
This year, New Jersey has a new Governor and new legislature. This new beginning brings concern to our industry and small business. The Governor’s new progressive agenda will have an impact on us: a $15 minimum wage, paid sick leave, a restrictive scheduling bill, and the legalization of marijuana are topics of concern, to name a few. While some may have more of an impact than others, the culmination of it all is what really has the potential to devastate us.
As I reflect on the past year and lessons I have learned, I am considering how I can better advocate for my industry. Do I keep yelling into the wind about business closings, slim profit margins, and companies moving out of state? Or, do I try and find a middle ground so that I can educate our elected officials in a way they can understand? To simply say that a $15 minimum wage will force businesses to close or cut into profit margins doesn’t resonate with legislators, especially those who have more progressive policies. So… what can we do?
We can tell the story about job loss or loss of hours—the unintended consequences of these bills. We can talk about how many “first jobs” were in the restaurant industry and how a $15 wage doesn’t make sense for a 16-year-old. We can talk about how people work in this industry because of the flexibility it offers and how a restrictive scheduling mandate would hurt employees who have children, those working while in school, or those who simply enjoy flexibility in their jobs. Regardless of the issue, we need to be prepared to advocate for ourselves and our employees in a way that our elected representatives will understand—and a way that will make them listen.
The table is set, and everyone is seated. Now, we need to be present at the table to tell the hospitality industry’s story. We are the economic engine of the state. We are the industry of opportunity. We hire local residents, serve the local community, and contribute to local organizations. Our New Year’s resolution is to continue to build the bridge between New Jersey’s businesses and policymakers in a way that ensures that the hospitality industry will be heard, considered, and invited back to the table for the next discussion.
My very best for a happy and healthy New Year.
It's no surprise that baking is often associated with comfort food. Taking the time to make homemade scones, breads, chocolate brownies, macaroons, or cupcakes, has become a bit of a trend lately. Amazingly, recent science shows that baking can even brighten your mood if you're feeling down. What better way for the NJREF and ProStart teachers to have a blast while learning something new?!
The NJREF held its Annual Professional Development Summit for ProStart Teachers on November 8th at Hudson County Community College. The day consisted of learning the art and science behind sourdough breads. Teachers made sourdough rye, sourdough wheat, sourdough multigrain, and sourdough Asiago breads.
A fabulous lunch display was presented by Hudson County Community College culinary arts and pastry students. The day finished with an informative talk with teachers about building connections in the industry.
For more information on how to hire ProStart students or get involved in the program contact Leslie Steele, at LeslieS@njrha.org.