WASHINGTON – The U.S. Equal Employment Opportunity Commission (EEOC) today posted updated and expanded technical assistance related to the COVID-19 pandemic, addressing questions arising under the federal equal employment opportunity (EEO) laws. The EEOC also posted a new resource for job applicants and employees, explaining how federal employment discrimination laws protect workers during the pandemic. These publications are provided to help employees and employers understand their rights and responsibilities at work during the pandemic.

The expanded technical assistance provides new information about how the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) apply when an employer offers incentives for employees to provide documentation or other confirmation of vaccination when an employee gets a vaccine in the community or from the employer or its agent. The technical assistance answers COVID-19 questions only from the perspective of the EEO laws.  Other federal, state, and local laws come into play regarding the COVID-19 pandemic for employers and employees.

“The updated technical assistance released today addresses frequently asked questions concerning vaccinations in the employment context,” said EEOC Chair Charlotte A. Burrows.  “The EEOC will continue to clarify and update our COVID-19 technical assistance to ensure that we are providing the public with clear, easy to understand, and helpful information. We will continue to address the issues that were raised at the Commission’s recent hearing on the civil rights impact of COVID-19.”

The key updates to the technical assistance are summarized below:

• Federal EEO laws do not prevent an employer from requiring all employees physically entering the workplace to be vaccinated for COVID-19, so long as employers comply with the reasonable accommodation provisions of the ADA and Title VII of the Civil Rights Act of 1964 and other EEO considerations.  Other laws, not in EEOC’s jurisdiction, may place additional restrictions on employers.  From an EEO perspective, employers should keep in mind that because some individuals or demographic groups may face greater barriers to receiving a COVID-19 vaccination than others, some employees may be more likely to be negatively impacted by a vaccination requirement.
• Federal EEO laws do not prevent or limit employers from offering incentives to employees to voluntarily provide documentation or other confirmation of vaccination obtained from a third party (not the employer) in the community, such as a pharmacy, personal health care provider, or public clinic. If employers choose to obtain vaccination information from their employees, employers must keep vaccination information confidential pursuant to the ADA.
• Employers that are administering vaccines to their employees may offer incentives for employees to be vaccinated, as long as the incentives are not coercive. Because vaccinations require employees to answer pre-vaccination disability-related screening questions, a very large incentive could make employees feel pressured to disclose protected medical information.
• Employers may provide employees and their family members with information to educate them about COVID-19 vaccines and raise awareness about the benefits of vaccination. The technical assistance highlights federal government resources available to those seeking more information about how to get vaccinated.

The new resource for job applicants and employees provides basic information about how federal employment discrimination laws help workers who are being harassed; who need extra protection against getting sick; who are not being allowed to work; or who need a modification of their employer’s COVID-19 safety requirements.

These two publications follow an EEOC hearing on April 28 on the impact of the COVID-19 pandemic on civil rights in the workplace at which the EEOC heard from a wide range of experts. They were prepared prior to the CDC’s new guidance for fully vaccinated individuals issued on May 13, 2021, and do not specifically address that new guidance. As new developments occur, the EEOC will consider any impact they may have on EEOC’s COVID-19 technical assistance and will provide additional updates and assistance to the public as needed.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.

In an effort to make COVID-19 vaccines more accessible to frontline hospitality workers, Visit St. Pete/Clearwater (VSPC), Pinellas County Department of Health and Florida Restaurant & Lodging Association (FRLA) have teamed up with local hotels for pop-up vaccination sites offering free Johnson & Johnson vaccines.

The effort will take place in Clearwater Beach TOMORROW, Thursday, May 20 from 8 a.m. – 5 p.m. at four different hotels. Please see flyer below for specific hotels hosting these pop-up vaccination sites. Vaccines are available while supplies last on a first come, first serve basis. Download the flyer here to share with your employees.

The second pop-up vaccination initiative will take place next Tuesday, May 25 at St. Pete Beach/St. Pete hotels, including The Don CeSar, Sirata Beach Resort, TradeWinds Island Grand and The Vinoy. Timing is still TBD.

“Coming off the heels of a record-breaking March and April with a traditionally busy Memorial Day travel period just weeks away, it’s never been more important to ensure our frontline hospitality workers who keep the engine of the county’s No. 1 employer going are protected.” Steve Hayes, President/CEO of VSPC said.

“We are an industry that cares about our guests and employees,” Dannette Lynch, Director of Membership for Florida Restaurant & Lodging Association, said. “We wanted to bring the vaccines to the employees and that’s what this opportunity provides and ultimately will help keep them safe”

“The Florida Department of Health encourages everyone to get vaccinated against COVID-19. It is especially important for those who work in the hospitality industry in daily contact with people from around the country, and the world,” says Florida Department of Health in Pinellas Director, Dr. Ulyee Choe.

Please let us know if you’d like to speak with Steve Hayes, Visit St. Pete/Clearwater CEO & President or one of the supporting partners about the importance of this initiative.

Certain alcohol sales methods allowed by the Governor’s emergency order during the pandemic will now be permanent

ORMOND BEACH, Fla. – Today, Governor Ron DeSantis signed into law Senate Bill 148, which authorizes restaurants, or vendors of alcoholic beverages also holding a public food service license, to sell or deliver alcoholic beverages prepared by the vendor in sealed containers. The bill extends additional sales options, commonly referenced as alcohol-to-go, that are similar to measures implemented by emergency orders of Governor DeSantis during Florida’s state of emergency related to COVID-19.

“Alcoholic drinks to-go became an important source of revenue for restaurants that were trying to survive during the pandemic,” said Governor Ron DeSantis. “This law is an important measure to continue the positive economic impacts of a temporary order. I want to thank the Legislature, but particularly Senator Jennifer Bradley and Representative Josie Tomkow, for being ready and willing to create common sense reforms that got government out of the way and increased opportunity for Florida businesses.”

Governor DeSantis signed the bill at Houligan’s Sports Grille, an Ormond Beach-area restaurant that relied on the allowances of the Governor’s prior emergency orders over the past year as an added source of revenue during challenges associated with the pandemic.

“Alcohol-to-go has been a lifeline to our restaurants during the pandemic,” said Senator Jennifer Bradley. “Not surprisingly, this is a popular option for customers who want the restaurant experience when ordering to-go. As we emerge from the pandemic, this option that has helped our restaurants survive financially should be permanent. Thank you to Governor DeSantis for signing this important legislation to do just that and support our hardworking restaurant industry and its customers.”

“Some of the hardest hit businesses throughout the pandemic have been our local restaurants,” said Representative Josie Tomkow. “Through the proactive leadership of Governor DeSantis and his executive order to allow the sale of alcohol-to-go, many Florida restaurants were able to increase sales and continue to keep their doors open. I’m thankful to the Governor for his support of this common-sense measure that allows for restaurants to continue to offer alcohol-to-go as an option. This pro-consumer, business-friendly bill will help support our restaurant industry and its tens of thousands of employees.”

“I applaud Governor DeSantis on signing this historic piece of legislation that will greatly benefit our bar and restaurant license holders throughout the state,” said DBPR Secretary Julie I. Brown. “The law allows businesses to meet customer needs by providing the ability and convenience of serving alcohol-to-go, and I am pleased that Florida is actively adapting to meet the evolving customer and business needs in the industry.”

Under Senate Bill 148, an eligible vendor that sells or delivers alcoholic beverages for off-premises consumption must hold a public food service license, ensure the sale or delivery of alcoholic beverages is accompanied by the sale of food in the same order, and comply with sealing and packaging requirements established in the bill. The vendor, or the agent or employee of the vendor making the delivery, is also responsible for verifying and documenting valid proof of the recipient’s identity and age at the time of delivery pursuant to provisions of Florida’s Beverage Law regarding deliveries.

“Florida’s restaurants were some of the businesses hit the hardest by the COVID-19 pandemic,” said Carol Dover, president and CEO of the Florida Restaurant and Lodging Association (FRLA). “With indoor dining shut down, our operators had to get creative at ways to keep revenue coming in and their staff employed. Thanks to Governor Ron DeSantis’ executive order, many restaurants were saved from closing through their ability to sell alcohol with to-go orders for off-premises consumption. With the Governor now signing alcohol-to-go into law, our restaurants can continue to count on this source of revenue as they provide excellent meals and beverages for their customers.”

The full text of Senate Bill 148 is available here.

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WASHINGTON, D.C. – Today, Senator Rick Scott met with Florida business leaders who have opened their businesses but are struggling to find enough workers given the enhanced unemployment benefits that are paying Americans more to stay home than go back to their jobs.

This week, Senator Scott joined his colleagues to introduce the Get Americans Back to Work Act to revise the additional unemployment benefit to $150 per week on May 31, 2021, before full repeal on June 30, 2021. This legislation follows the release of the Department of Labor report showing that the U.S. economy created only 266,000 jobs in April, well below the anticipated million-jobs increase, and unemployment rose for the first time since April 2020.

Senator Scott also wrote letters to Department of Labor Secretary Marty Walsh and Department of Labor Acting Inspector General Larry Turner asking for information on the Department’s plans to combat fraud and abuse of enhanced federal unemployment benefits and get Americans back to work.

Senator Rick Scott said, “It’s heartbreaking to hear from Florida business owners that have done everything needed to survive shutdowns and the impacts of COVID-19 and now find themselves struggling to fully reopen. What I heard from them today is what I’ve heard from countless other businesses in Florida and across the nation in recent months – they can’t compete when the federal government is paying Americans more to stay home than go back to their jobs.

“Since the beginning of the pandemic, I have supported the effort to get targeted aid to struggling families and businesses. I fought to include a provision in the CARES Act to ensure we weren’t creating a disincentive to return to work, but the Democrats blocked it. Now we are seeing the consequences. I applaud Governors across the nation who are taking action to get their citizens back to work. While President Biden and the Democrats remain in denial about what is happening, I will keep working to support our small businesses, get Americans back to work and get our economy fully reopened.”

Carol Dover, President and CEO of the Florida Restaurant and Lodging Association, said, “We have been fighting for more than a year to save hospitality jobs and Florida businesses and get our state on the road to recovery. We are lucky to be open in Florida, but now we face a ‘new pandemic’ – a labor crisis that is crippling the hotels, restaurants, and suppliers who have survived this last year only to face the threat of closing now. Without adequate staff and supplies, we cannot provide the memorable and unparalleled experiences our guests are used to. It is past time for our state to get back to work, and we applaud all of those who are showing up every day in our industry. There is no better time to join or return to Florida’s hospitality industry and get a great Florida job!”

Sheldon Suga, Vice President & Managing Director of Hawks Cay Resort in the Florida Keys, said, “I commend Senator Scott for his ongoing support of Florida’s tourism industry. We still have a long road ahead of us, and we need all industry partners to come together to facilitate positive opportunities for travel and tourism.”

Lisa Lombardo, Chief People and Culture Officer, HDG Hotels, Central Florida, said, “We remain tremendously grateful for the team members who have stuck by us through the pandemic, and our focus is just as much on how to do right by them as it is finding people willing and able to step away from their unemployment benefits – a benefit that made good sense when businesses were closed, and work was unavailable. That is not our current situation; there are jobs available. To flip the switch to true recovery mode, we need to acknowledge and give credit to the many businesses who are ready to responsibly and safely bring on new talent. The message for Washington is, ‘we’re hiring, but we’re hurting.’ The labor shortage is not sustainable, and it is unconscionable that it doesn’t have to be as extreme as it is at this time.”

 John Horne, Owner/Operator of Anna Maria Oyster Bars, Bradenton and surrounding areas, said, “We can’t keep going the way we are now. I am still down 20 positions at each of my four locations, and the team members we have showing up are exhausted. Our salaried managers are even picking up shifts to help take care of our guests, but we need to get these positions filled. It’s going to take all of us, industry and government, working together to solve this hiring crisis. I really appreciate Senator Scott for sitting down with the hospitality industry to help us identify and implement solutions for the huge issue facing all industries in Florida – getting workers off unemployment and into the workforce.”

 Chef Jim Shirley, Owner of Great Southern Café, 45 Central Wine & Sushi Bar, The Meltdown on 30A, The Bay, Farm & Fire, and North Beach Social, Co-owner of Great Southern Restaurants and FRLA Board Executive Chairman, said, “Lack of staff has severely impacted every level of our business. We need front of house and back of house staff to be sure, but it is more than that. We have been unable to complete needed repairs at our buildings, and we have experienced unprecedented delivery disruptions for our food and supplies. Getting people in all industries back to work is necessary for our industry and our state to rebuild from the losses of this last year.”

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“Believe Improving Florida’s Economy is State’s Top Priority”

TALLAHASSEE, FL – A new poll commissioned by the Florida Restaurant and Lodging Association (FRLA), in cooperation with the Seminole Tribe of Florida, shows that likely Florida voters overwhelmingly support the new Gaming Compact by more than 3:1, with 62 percent in favor and only 17% opposed as it nears approval by the Florida Legislature in a Special Session beginning Monday, May 17.

Recently signed by Governor Ron DeSantis and Seminole Tribe of Florida Chairman Marcellus Osceola Jr., the new Gaming Compact is guaranteed to bring $2.5 billion in revenue sharing dollars to the State of Florida in its first five years and billions more in future years.

“The Compact will not just benefit the Seminole Tribe and Florida’s state revenue, it will bring a much-needed boost in Florida tourism – Florida’s economic engine – which recorded its lowest year in more than a decade in 2020, and it will also bring thousands of jobs for Florida’s hospitality industry,” said Carol Dover, President and CEO of FRLA. “We believe that the new casino games will not conflict with Florida’s family-friendly image, which is especially important in Central Florida, as the new casino table games are limited to Seminole Reservations where casino gaming already takes place. Florida’s tourism and hospitality industry are working to rebuild after a devastating year, and we strongly support this Gaming Compact and our friends in the Seminole Tribe who have continued to demonstrate their commitment to the well-being of our great state.”

Since the beginning of COVID, more than 934,000 of Florida’s 1.5 million hospitality workers were furloughed or laid off. More than 10,000 restaurants closed, and hotels have shuttered. Many hotels still remain on the brink of closure as business travel remains down more than 85 percent. The new Compact will bring jobs and provide significant economic impact to help benefit the hospitality and tourism industry as we try to rebuild and recover from 2020.

Other key findings in the poll:

• 73 percent of respondents said they were more likely to support the Compact when they learned that profits generated by the Seminole Tribe are invested back into the state by creating thousands of jobs and billions more in economic impact;
• Voters also indicated by more than a 2:1 margin that they were now more likely to re-elect their state legislator if he or she votes to approve the compact, with 46 percent saying it would be more likely, 20 percent less likely, and 33 percent unsure;
• Floridians are pleased with the direction of the state with 58 percent saying it is headed in the right direction; and
• 60 percent of the voters approve of the job Governor DeSantis is doing – his highest job approval since June 2020.

For more information about the poll and its findings, click here.

About this poll: The poll was conducted by the Tyson Group from May 1st through May 5th, N = 1,000 survey of registered voters in Florida with an additional oversample of N = 100 likely Republican primary voters. Of our N = 1,000 sample, 37% said that they were Democrats and 40% said that they were Republicans. All voters in this survey were reached by live callers on both landlines and cell phones.

Step-by-Step Guide to Apply

Updated RRF FAQ Document

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TALLAHASSEE – The Florida Restaurant and Lodging Association (FRLA) today released its legislative summary report and scorecard, marking the 2021 Legislative Session a huge success for Florida’s hospitality industry.

The hospitality trade association advocated for several legislative priorities this year, including securing COVID-19 liability protections for businesses following safe protocols and procedures, codifying alcohol-to-go permanently, and securing funding for VISIT Florida, to name a few.

FRLA President and CEO Carol Dover released the following statement following this year’s successful session.

“After COVID-19 brought one of the darkest years for Florida’s hospitality and tourism industry, this year’s Legislative Session has given us some light and hope for the future as we continue to rebuild this great industry. Ensuring that businesses and their teams are protected from job-killing nuisance lawsuits, allowing them to continue their safe operations of alcohol-to-go which kept so many alive, and obtaining essential funding for Florida’s critical marketing organization – VISIT Florida – are all huge victories for us. I want to thank Senate President Wilton Simpson and House Speaker Chris Sprowls for their strong leadership and support for hospitality and tourism to help us move forward. As the economic engine of Florida and a top employer, we will continue to advocate for state and federal policies that help us recover from the impacts of COVID-19.”

 For FRLA’s legislative score card and full 2021 Legislative Report, click here.

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TALLAHASSEE – Today, the Florida Legislature passed the SB 148 on Alcohol-to-Go, and the bill will now go to Governor DeSantis for signature. This legislation has been a top priority for the Florida Restaurant and Lodging Association (FRLA). Throughout the COVID-19 pandemic, restaurants across Florida were permitted to sell alcohol-to-go with food orders pursuant to Governor DeSantis’ executive order. This was a critical lifeline for establishments who were closed to indoor dining and desperate to keep their businesses from shuttering. Following the rules closely, these restaurants demonstrated the sale of alcohol for off-premises consumption to be a practice that can be done safely.

Carol Dover, President and CEO of the Florida Restaurant and Lodging Association (FRLA), released the following statement upon the bill’s final passage.

“We are so pleased for the final passage of SB 148. Alcohol-to-go continues to be an important source of revenue for restaurants that are struggling to survive. We are grateful to Senator Jennifer Bradley and Representative Josie Tomkow for sponsoring this legislation. They are champions for our industry. We would also like to thank the coalition of businesses and organizations that worked closely together to advocate for this great legislation: Uber, Anheuser-Busch, The Distilled Spirits Council of the United States, and the Florida Independent Spirits Association. We are grateful to Governor DeSantis for creating this lifeline through his executive orders, and we are excited to advocate for his signature on this good bill.”

 For more information on FRLA’s legislative priorities, click here.

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Yesterday, the Florida Department of Economic Opportunity announced Executive Order 210-015 in its Re-Employment Assistance Update. The order temporarily extends the waiver of the work search and work registration requirements through May 29, 2021. More details, including the PDF of the full EO is linked below.

Waivers

• DEO issued Executive Order 21-015 to continue waiving the work search and work registration requirements through May 29, 2021, and the waiting week requirement through June 26, 2021.
• When the waiver expires, claimants must submit work searches for every week of state or federal benefits requested. Additionally, new claimants who file after the expiration of the waiver must complete the work registration through Employ Florida.
• An accurate work search record may include, but is not limited to, registering for work and reemployment services with a local CareerSource Center, completing a job application in person or online, mailing a job application or resume, making in-person visits with potential employers, interviewing with potential employers, or registering for work with employment or placement agencies to name a few.
• The Department encourages claimants to continue searching for work regardless of the waiver extension.

Daily updates can be found on the Reemployment Assistance (RA) Claims Dashboard.