By Shereen Hashem

OSHA newly announced an update to its COVID-19 Emergency Temporary Standard (ETS). Currently, the ETS requires employers with 100 or more employees to mandate vaccines or weekly testing. OSHA has since announced that it has “suspended activities related to the implementation and enforcement of the ETS pending future developments in the litigation.” The announcement results from the Fifth Circuit’s 22-page opinion continuing its stay of the ETS. The Fifth Circuit’s order foreshadows the legal challenges to come.

In the order, the Fifth Circuit accuses the current administration of forcing the desire for a federal vaccine mandate into the best, but ill-fitting, vehicle the administration could find – an OSHA ETS. The court points out that OSHA’s authority to establish emergency temporary standards is “an extraordinary power that is to be delicately exercised” and criticizes the ETS vaccine rule as “a one-size-fits-all sledgehammer that makes hardly any attempt to account for differences in workplaces.” The opinion calls the ETS the rare government pronouncement that is both over-inclusive (applying to employers and employees in virtually all industries and workplaces in America, with little attempt to account for the obvious differences between the risks they face) and under-inclusive (claiming to save employees with 99 or more coworkers from a “grave danger” in the workplace, while making no attempt to help employees with 98 or fewer coworkers from the very same threat).

The Fifth Circuit questions whether OSHA has adequately shown a “grave danger” warranting the issuance of an ETS and states that it is “dubious” as to whether the rule will pass “constitutional muster.” While the stay is good news to many employers, the Fifth Circuit is only one of 12 federal circuits and the ultimate decision may not line up with this opinion.

While the ETS’ future is up in the air for now, this does not mean employers should stop their plans for compliance. As mentioned, the Fifth Circuit’s opinion may not be indicative of how another circuit may ultimately rule. The announcement notes that “OSHA remains confident in its authority to protect workers in emergencies,” so we should not assume that OSHA is giving up on the ETS. Cautious employers may want to move forward with plans for compliance while also keeping a close eye on whatever circuit is chosen.

Employers who are federal contractors or health care providers should not make decisions based on OSHA’s announcement and the Fifth Circuit’s order. Those employers are subject to different, although similar, federal mandates: the Federal Contractor Mandate and the CMS Medicare Omnibus Staff Vaccine Mandate Interim Final Rule. Both of these governmental mandates are currently being challenged, but at the moment have not been halted by any federal court action.

Full article via Occupational Health and Safety Online available here 

Tallahassee, FL – Today, the Florida Restaurant and Lodging Association (FRLA) shares support for The Promise Fund of Florida. The Promise Fund of Florida is a nonprofit organization whose mission is to improve the outcomes and reduce deaths from breast and cervical cancers in Palm Beach County. The Promise Fund of Florida seeks to save lives through early detection by utilizing patient navigation, community awareness, partnerships, and policy change. Founded by by Nancy G. Brinker, Julie Fisher Cummings, and Laurie Silvers, The Promise Fund of Florida works to improve the lives of men and women of all socioeconomic background.

“The hospitality industry is the largest employment sector in the United States and has one of the largest impacts on people across Florida,” said Carol Dover, President and CEO of the Florida Restaurant and Lodging Association. “We know the impact that breast cancer has on people in our industry, and as a breast cancer survivor, I know the personal impact it can have on one’s life. Nancy Brinker is a hero to so many women, and FRLA wants to continue to support her work and efforts across the state.”

“Women of diversity are dying of breast and cervical cancer at an alarming rate, and they are dying right here in South Florida,” said The Promise Fund of Florida founder Nancy Brinker. “Our goal is to reduce early deaths from breast and cervical cancer in our community, and The Promise Fund is the way to do it.”

In addition to Promise Fund of Florida, Nancy Brinker also founded the Susan G. Komen Foundation, the world’s largest nonprofit source of funding for the fight against breast cancer, in honor of her sister who passed away from breast cancer in 1980. This organization has invested more than $2.9 billion in groundbreaking research, community health outreach, advocacy, and programs in more than 60 countries.

The Promise Fund of Florida continues to make a difference in the lives of women across Florida by directly impacting local communities.

To donate or learn more about The Promise Fund, click here.

For more information on the Florida Restaurant and Lodging Association (FRLA), visit our website.

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New OSHA and CMS Rules Mean Two-Thirds of All Workers Now Covered by Vaccination Rules

New Vaccination Requirement for Employers With 100 or More Employees: OSHA is issuing a COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) to require employers with 100 or more employees (i.e., “covered employers”) to:

• Get Their Employees Vaccinated by January 4th and Require Unvaccinated Employees to Produce a Negative Test on at Least a Weekly Basis: All covered employers must ensure that their employees have received the necessary shots to be fully vaccinated – either two doses of Pfizer or Moderna, or one dose of Johnson & Johnson – by January 4th. After that, all covered employers must ensure that any employees who have not received the necessary shots begin producing a verified negative test to their employer on at least a weekly basis, and they must remove from the workplace any employee who receives a positive COVID-19 test or is diagnosed with COVID-19 by a licensed health care provider. The ETS lays out the wide variety of tests that comply with the standard. Given that vaccines are safe, free, and the most effective way for workers to be protected from COVID-19 transmission at work, the ETS does not require employers to provide or pay for tests. Employers may be required to pay for testing because of other laws or collective bargaining agreements.
• Pay Employees for the Time it Takes to Get Vaccinated: All covered employers are required to provide paid-time for their employees to get vaccinated and, if needed, sick leave to recover from side effects experienced that keep them from working.
• Ensure All Unvaccinated Employees are Masked: All covered employers must ensure that unvaccinated employees wear a face mask while in the workplace.
• Other Requirements and Compliance Date: Employers are subject to requirements for reporting and recordkeeping that are spelled out in the detailed OSHA materials available here. While the testing requirement for unvaccinated workers will begin after January 4th, employers must be in compliance with all other requirements – such as providing paid-time for employees to get vaccinated and masking for unvaccinated workers – on December 5th. The Administration is calling on all employers to step up and make these changes as quickly as possible.

New Vaccination Requirements for Health Care Workers: CMS is requiring workers at health care facilities participating in Medicare or Medicaid to have received the necessary shots to be fully vaccinated – either two doses of Pfizer or Moderna, or one dose of Johnson & Johnson – by January 4th. The rule covers approximately 76,000 health care facilities and more than 17 million health care workers – the majority of health care workers in America – and will enhance patient safety in health care settings. The rule applies to employees regardless of whether their positions are clinical or non-clinical and includes employees, students, trainees, and volunteers who work at a covered facility that receives federal funding from Medicare or Medicaid. It also includes individuals who provide treatment or other services for the facility under contract or other arrangements. Among the facility types covered by the rule are hospitals, ambulatory surgery centers, dialysis facilities, home health agencies, and long-term care facilities. Today’s action will help provide patients assurance about the vaccination status of those delivering care, create a level playing field across health care facilities, and help to address challenges facilities have faced with staff sickness and quarantines impacting delivery of care.

Streamlining Implementation and Setting One Deadline Across Different Vaccination Requirements: The rules released today ensure employers know which requirements apply to which workplaces. Federal contractors may have some workplaces subject to requirements for federal contractors and other workplaces subject to the newly-released COVID-19 Vaccination and Testing ETS. To make it easy for all employers to comply with the requirements, the deadline for the federal contractor vaccination requirement will be aligned with those for the CMS rule and the ETS. Employees falling under the ETS, CMS, or federal contractor rules will need to have their final vaccination dose – either their second dose of Pfizer or Moderna, or single dose of Johnson & Johnson – by January 4, 2022. This will make it easier for employers to ensure their workforce is vaccinated, safe, and healthy, and ensure that federal contractors implement their requirements on the same timeline as other employers in their industries. And, the newly-released ETS will not be applied to workplaces subject to the federal contractor requirement or CMS rule, so employers will not have to track multiple vaccination requirements for the same employees.

For more details, visit the White House website announcement here:

Today, the Biden administration is announcing that its new travel policy that requires vaccination for foreign national travelers to the United States will begin on November 8.

This announcement and date applies to both international air travel and travel across the Southwest and Northern land borders with Mexico and Canada. This puts in place a global international travel policy that is guided by public health, stringent, and consistent.

Today’s announcement means that on November 8, foreign national air travelers to the United States will be required to be fully vaccinated and to provide proof of their vaccination status to fly to the United States. Fully vaccinated travelers will continue to be required to show a pre-departure negative test taken within three days of travel prior to boarding.

Also starting on November 8, foreign nationals crossing the land borders with Canada and Mexico or arriving in the United States by passenger ferry for non-essential reasons, such as to visit friends or family or for tourism, will be required to be fully vaccinated. These travelers are required to be prepared to attest to vaccination status and to present proof of vaccination to a CBP officer upon request. By January, foreign nationals traveling across the land border for both essential and non-essential reasons will be required to be fully vaccinated.

Further guidance on the very limited exceptions to these vaccination requirements, what will be acceptable proof of vaccination, and other operational details are forthcoming from CDC and other federal agencies, as applicable, well in advance of November 8 to enable preparation for a smooth transition to the new system. CDC has already informed airlines that all FDA approved and authorized vaccines, as well as all vaccines that have an Emergency Use Listing (EUL) from the WHO will be accepted for air travel. We anticipate the same will be true at the land border.

~ Funds will allow for major transformation for culinary program through new commercial grade kitchen equipment ~ 

TALLAHASSEE – Today, the Florida Restaurant and Lodging Association Educational Foundation (FRLAEF) announced the awarding of a $50,000 Kitchen Remodel Grant for the Hialeah High School ProStart Program in Miami-Dade County.

Hialeah High School was selected from more than 200 ProStart participant high schools across Florida. Grant applicants highlighted their facility size, number of program participants, age of their facility, and repairs needed. The FRLAEF board reviewed the applications to determine where the grant would be most impactful. Hialeah High School is the first school to win the award in Miami-Dade County.

“The FRLA Education Foundation has always been a great supporter of Florida’s high school ProStart and HTM (Hotel and Tourism Management) programs through annual mini-grants, but it is especially gratifying to make an even larger impact with this $50,000 kitchen makeover,” said Nick Velardo, Chairman of the Board for the FRLA Educational Foundation. “Hialeah High School is well-deserving, and we are so happy to be able to support their dedicated teachers and students.”

“This has been such a dream come true,” said Kathy Gonzalez, Culinary Academy Leader and ProStart Advisor at Hialeah High School. “We have an amazing culinary program here at Hialeah High, and this is going to take us to the next level. Our kitchen was originally built in 1954, and, while there have been some upgrades, they have been nothing like this grant is going to provide. The FRLAEF/ProStart program provides such professionalism and opportunities for our students. We are so thankful!”

The ProStart program is a nationwide, two-year program for high school students that develops the best and brightest talent into tomorrow’s foodservice industry leaders. From culinary techniques to management skills, ProStart’s industry-driven curriculum provides real-world opportunities and builds practical skills and career foundations that will last a lifetime. In Florida, there are more than 30,000 ProStart students.

About FRLA

The Florida Restaurant and Lodging Association (FRLA) is Florida’s premier non-profit hospitality industry trade association. Founded in 1946 as the Florida Restaurant Association, FRLA merged with the Florida Hotel and Motel Association in 2006. FRLA’s more than 10,000 members include independent hoteliers and restaurateurs, household name franchises, theme parks and suppliers. The association’s mission is to protect, educate and promote Florida’s nearly $112 billion hospitality industry which represents 1.5 million employees. Dedicated to safeguarding the needs of the membership, FRLA provides legislative advocacy to ensure the voices of its members are heard and their interests are protected. The association offers regulatory compliance and food safety training through SafeStaff^® and FRLA’s subsidiary, RCS Training. The FRLA Educational Foundation provides industry-developed, career-building high school programs throughout the state.

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Click here for a state-by-state breakdown

TALLAHASSEE – The hotel industry in Florida is projected to end 2021 down nearly 61% or $5.3 billion in business travel revenue compared to 2019, according to a new report released today by the American Hotel & Lodging Association (AHLA) and Kalibri Labs.

Business travel is the hotel industry’s largest source of revenue and has been slow to return since the onset of the pandemic. Business travel includes corporate, group, government, and other commercial categories. While Florida has seen some return of business travel this year, full comparative revenue is not expected to reach pre-pandemic levels until 2024.

The new analysis comes on the heels of a recent national survey by AHLA, which found that most business travelers are canceling, reducing, and postponing trips amid rising COVID-19 cases. The lack of business travel and events has major repercussions for employment, and underscores the need for targeted federal relief, such as the Save Hotel Jobs Act.

Hotels are expected to end 2021 down nearly 500,000 jobs nationally compared to 2019. For every 10 people directly employed on a hotel property, hotels support an additional 26 jobs in the community, from restaurants and retail to hotel supply companies – meaning an additional nearly 1.3 million hotel-supported jobs are also at risk.

“Florida is a top destination for national and international business travel, and our hotels and restaurants rely on that revenue,” said Carol Dover, President and CEO of the Florida Restaurant and Lodging Association (FRLA). “While leisure travel returned this year – in some regions higher than even 2019’s record figures – business travel still remains down overall, and Florida is projected to end 2021 with the second highest losses in the nation, behind only the state of California. We continue to advocate for hotel relief so that our industry can recover, support and employ our team members, and create those wonderful guest experiences we are known for worldwide.”

“While some industries have started rebounding from the pandemic, this report is a sobering reminder that hotels and hotel employees are still struggling,” said Chip Rogers, President and CEO of AHLA. “Business travel is critical to our industry’s viability, especially in the fall and winter months when leisure travel normally begins to decline. Continued COVID-19 concerns among travelers will only exacerbate these challenges. That’s why it’s time for Congress to pass the bipartisan Save Hotel Jobs Act to help hotel employees and small business owners survive this crisis.”

COVID-19 is the worst economic event in the history of the U.S. hotel industry. Despite being among the hardest hit, hotels are the only segment of the hospitality and leisure industry yet to receive direct aid. Hotels and their employees have displayed extraordinary resilience in the face of unprecedented economic challenges, and the industry needs support from Congress to achieve a full recovery.

About FRLA

The Florida Restaurant and Lodging Association (FRLA) is Florida’s premier non-profit hospitality industry trade association. Founded in 1946 as the Florida Restaurant Association, FRLA merged with the Florida Hotel and Motel Association in 2006. FRLA’s more than 10,000 members include independent hoteliers and restaurateurs, household name franchises, theme parks and suppliers. The association’s mission is to protect, educate and promote Florida’s nearly $112 billion hospitality industry which represents 1.5 million employees. Dedicated to safeguarding the needs of the membership, FRLA provides legislative advocacy to ensure the voices of its members are heard and their interests are protected. The association offers regulatory compliance and food safety training through SafeStaff^® and FRLA’s subsidiary, RCS Training. The FRLA Educational Foundation provides industry-developed, career-building high school programs throughout the state.

About AHLA

The American Hotel & Lodging Association (AHLA) is the sole national association representing all segments of the U.S. lodging industry. Headquartered in Washington, D.C., AHLA focuses on strategic advocacy, communications support and workforce development programs to move the industry forward. In the wake of the COVID-19 pandemic, the hospitality industry was the first industry impacted and it will be among the last to recover. That is why AHLA is committed to promoting safe travel while also creating a standardized safety experience nationwide through the Safe Stay initiative. With an enhanced set of health and safety protocols designed to provide a safe and clean environment for all hotel guests and employees, hotels across America are ready to welcome back travelers when they are ready to travel. Learn more at www.ahla.com.

About Kalibri Labs

Kalibri Labs evaluates and predicts hotel revenue performance with its next-generation tech platform to support hotel owners, operators, brands and real estate investors. Kalibri Labs enables users to improve underwriting accuracy and to benchmark, execute plans and assess results for a hotel’s profit contribution targets. The Kalibri Labs database is comprised of guest transactions, including cost of sales and source of business information, from almost 35,000 hotels dating back more than 7 years and updated weekly to give an expansive view of the U.S. hotel industry.

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FEMA’s Transitional Sheltering Assistance has been activated for Louisiana survivors allowing for short-term, emergency sheltering options in participating hotels.

In order to receive sheltering assistance, start by applying for assistance. You must have a FEMA registration ID and approval from FEMA to participate. If FEMA has reached out to you about sheltering assistance, you can look up participating hotels.

A more detailed fact sheet is available here.

Most Are Likely to Cancel Existing Trips Without Rescheduling

WASHINGTON (August 31, 2021) – U.S. business travelers are scaling back travel plans amid rising COVID-19 cases, with 67% planning to take fewer trips, 52% likely to cancel existing travel plans without rescheduling, and 60% planning to postpone existing travel plans, according to a new national survey conducted by Morning Consult on behalf of the American Hotel & Lodging Association (AHLA).

Despite an uptick in leisure travel over the summer, the new survey highlights the dim outlook for business travel and events, which account for more than half of hotel revenue and aren’t expected to return to pre-pandemic levels until 2024.

The lack of business travel and events has major repercussions for employment both directly on hotel properties, and in the broader community. Hotels are expected to end 2021 down nearly 500,000 jobs compared to 2019. For every 10 people directly employed on a hotel property, hotels support an additional 26 jobs in the community, from restaurants and retail to hotel supply companies—meaning an additional nearly 1.3 million hotel-supported jobs are also at risk.

The survey of 2,200 adults was conducted August 11-12, 2021. Of these, 414 people, or 18% of respondents, are business travelers—that is, those who either work in a job that typically includes work-related travel or who expect to travel for business at least once between now and the end of the year. Key findings among business travelers include the following:

• 67% are likely to take fewer trips, while 68% are likely to take shorter trips
• 52% say they are likely to cancel existing travel plans with no plans to reschedule
• 60% are likely to postpone existing travel plans until a later date
• 66% are likely to only travel to places they can drive to

The survey also tested attitudes among 1,590 people (72% of respondents) who are likely to attend large gatherings, meetings, and events—all key drivers of hotel revenue. Findings among those respondents include:

• 71% are likely to attend fewer in-person events or gatherings
• 67% are likely to have shorter meetings or events
• 59% are likely to postpone existing meetings or events until a later date
• 49% say they are likely to cancel existing meetings or events with no plans to reschedule

According to a recent Deloitte survey, corporate travel is projected to remain at only 30% of 2019 levels through the end of 2021. This lack of corporate travel would cost the hotel industry an estimated $59 billion in 2021, according to leading economists, underscoring the need for targeted federal relief such as the Save Hotel Jobs Act.

“Hotels were already on pace to lose more business travel revenue this year than we did in 2020. And now rising COVID-19 cases threaten to further reduce the main source of revenue for our industry,” said Chip Rogers, president and CEO of AHLA. “Hotel employees and small business owners across the nation have been pleading for direct pandemic relief for over a year now. These results show why now is the time for Congress to listen to those calls and pass the Save Hotel Jobs Act.”

Hotels are the only segment of the hospitality and leisure industry yet to receive direct aid despite being among the hardest hit. That is why AHLA and UNITE HERE, the largest hospitality workers’ union in North America, joined forces to call on Congress to pass the bipartisan Save Hotel Jobs Act introduced by Senator Brian Schatz (D-Hawaii) and Rep. Charlie Crist (D-Fla.). This legislation would provide a lifeline to hotel workers, providing the assistance they need to survive until travel, especially business travel, returns to pre-pandemic levels.

Survey Methodology
The poll was conducted August 11-12, 2021, among a national sample of 2200 Adults. The interviews were conducted online, and the data were weighted to approximate a target sample of adults based on gender, educational attainment, age, race, and region. Results from the full survey have a margin of error of plus or minus 2 percentage points.

About AHLA
The American Hotel & Lodging Association (AHLA) is the sole national association representing all segments of the U.S. lodging industry. Headquartered in Washington, D.C., AHLA focuses on strategic advocacy, communications support and workforce development programs to move the industry forward. In the wake of the COVID-19 pandemic, hospitality was the first industry impacted and it will be among the last to recover. That is why AHLA is committed to promoting safe travel while also creating a standardized safety experience nationwide through the Safe Stay initiative. With an enhanced set of health and safety protocols designed to provide a safe and clean environment for all hotel guests and employees, hotels across America are ready to welcome back travelers when they are ready to travel. Learn more at www.ahla.com.

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Positive trends improve industry outlook; uncertainty and waning consumer confidence could impact long-term rebuilding

Washington, D.C. – Today, the National Restaurant Association released a mid-year supplement to the 2021 State of the Restaurant Industry Report, which illustrates the continued impact of the COVID-19 pandemic on the restaurant industry. The report provides an updated look at key indicators and trends influencing the industry’s recovery as of June/July 2021, including the current state of the economy, workforce, and food and beverage sales.

Key findings include:
• Food and beverage sales in the restaurant and foodservice industry are projected to total $789 billion in 2021, up 19.7% from 2020.
• Despite a steady trend of job creation in the first half of the year, eating and drinking places are still nearly 1 million jobs, or 8%, below pre-pandemic employment levels and the restaurants and accommodations sector have one of the highest levels of unfilled job openings of any industry.
• As of June 2021, 39 states and the District of Columbia had reopened to 100% indoor dining capacity; 11 states and Puerto Rico are open at varying capacities ranging from 50% to 80%.
• Six in 10 adults have changed their restaurant use due to the rise in the delta variant.
“Faced with one of the most devastating and disruptive events of our lifetime, the restaurant industry has taken significant strides toward rebuilding over the first half of 2021,” said Tom Bené, President and CEO of the National Restaurant Association. “Consumer expectations around dining out have changed, and the industry is continually adapting to not only meet, but exceed, these expectations. Restaurant operators, along with their partners throughout the supply and distribution chain, remain focused on providing diners with a safe and enjoyable experience, amid rising food and labor costs and challenges related to the pandemic. Given these factors, our outlook through the end of the year is one of cautious optimism.”

Labor and Food Costs Remain Top Challenges
July marked the seventh consecutive month of staffing growth, translating to a net increase of 1.3 million jobs in the first half of 2021. Despite these increases, eating and drinking places remain nearly 1 million jobs or 8% below pre-pandemic employment levels. Operators also continue to grapple with higher input costs, with wholesale food prices increasing at their fastest rate in seven years.

• 75% of restaurant operators reported that recruiting employees was their top challenge as of June 2021 – the highest level ever recorded.
• The fullservice segment was down 626,000 jobs, or 11% below pre-pandemic employment levels; the limited-service segment was down 175,000 jobs or 4% in the same period.
• Menu prices have increased nearly 4% through June 2021.

Technology, Outdoor Dining, and Alcohol To-Go Are Here to Stay
The pandemic catalyzed many changes in the restaurant industry including the rapid consumer adoption of technology for online ordering, electronic payment, and order pickup. Consumers want to see restaurants continue incorporating technology and are keen to continue using outdoor dining. In 31 jurisdictions, thanks to approved legislation, consumers will be able to continue ordering alcoholic beverages with their takeout.

• 52% of adults would like to see restaurants incorporate more technology to make ordering and payment easier.
• 84% of adults say they favor allowing restaurants to set up tables on sidewalks, parking lots or streets permanently.
• A majority of adults in states that allow alcoholic beverages with takeout and delivery orders would like to see it continue on a permanent basis.

The Threat of Delta
In the first half of 2021 industry trends were positive, but there is still a long road ahead. A National Restaurant Association survey, conducted Aug. 13-15, found that the delta variant of COVID-19 threatens to reverse the gains made in the first six months of the year.

• 6 in 10 adults changed their restaurant use due to the rise in the delta variant.
• 19% of adults said they completely stopped going out to restaurants.
• 37% of adults said they ordered delivery or takeout instead of dining in a restaurant.
• 32% of adults said that if asked to wear a mask and/or show proof of vaccination to dine indoors again, they would be less likely to dine in a restaurant.

“The trends from the first half of the year are promising, but a lot of uncertainty remains in regard to the delta variant, consumer confidence, and ongoing labor challenges,” said Hudson Riehle, Senior Vice President of Research for the National Restaurant Association. “We expect restaurant pent-up demand will remain high in the coming months. However, in this state of flux, maintaining the availability of on-site dining with few capacity restrictions will be critical to keeping the overall sales momentum going forward, especially for fullservice operators.”

The National Restaurant Association will continue to monitor the effect of COVID-19 on the industry in the coming months and plans a full State of the Restaurant Industry Report in early 2022.

Click here to download the 2021 State of the Restaurant Industry Mid-Year Update, sponsored by Sage Intacct.

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About the National Restaurant Association
Founded in 1919, the National Restaurant Association is the leading business association for the restaurant industry, which comprises 1 million restaurant and foodservice outlets and a workforce of 15.6 million employees. We represent the industry in Washington, D.C., and advocate on its behalf. We sponsor the industry’s largest trade show (National Restaurant Association Show); leading food safety training and certification program (ServSafe); unique career-building high school program (the NRAEF’s ProStart). For more information, visit Restaurant.org and find us on Twitter @WeRRestaurants, Facebook and YouTube.