Hot Off the Grill Edition #4
"Hot Off the Grill" - Edition #4
Introducing our sizzling new edition of newsletters: "Hot off the Grill"! We're fired up to bring you the latest and greatest industry updates, straight from the grill to your inbox. Curated by the National Restaurant Association and industry leaders, "Hot off the Grill" is your go-to source for the hottest industry topics happening across the county. So, sit back, relax, and let us serve you the freshest updates straight from the grill!
House Fails to Override Biden Veto
What Just Happened: The House of Representatives just failed to override President Biden’s veto of the Congressional Review Act (CRA) resolution to block the NLRB’s 2023 Joint Employer Rule.
Why It Happened: Last week, President Biden vetoed a bipartisan Congressional Review Act (CRA) resolution to overturn the NLRB’s 2023 Joint Employer Rule. This Association-backed measure would have overturned NLRB's 2023 rule. Today's 214 to 191 vote falls short of the 2/3 threshold needed to advance a veto override to the Senate.
Don’t Forget: In March, a federal judge vacated the broader 2023 Joint Employer Rule, declaring it inherently flawed after challenges from the Restaurant Law Center and other industry groups. The NLRB has indicated it will appeal the judge’s decision to a higher court.
Why it Matters: NLRB’s 2023 rule would upend existing employment policy and expand liability risk for restaurant operators.
Key Takeaway: The 2020 Final Rule, which requires "direct and immediate" control over employees' conditions to establish a joint employer relationship, remains in effect.
Association Take: Sean Kennedy, EVP of Public Affairs, National Restaurant Association, released the following statement last week in response to the veto:
“The House and the Senate came together to pass a resolution that supported small business restaurant owners across the country, so it’s disappointing that the President chose National Small Business Week to veto it. A recent court decision rolling the Joint Employer Standard back to the 2020 rule means that today’s action won’t negatively impact restaurant owners, but there’s still uncertainty every day that another wrenching change to the Standard is just around the corner.”
Latest on SEC Climate Reporting Rule
Where Things Stand: Amid numerous legal challenges, the U.S. Securities and Exchange Commission (SEC) has paused implementation of its new climate disclosure rule.
Background: On March 5, the SEC issued new climate disclosure requirements. Notably, the final rule did not include the Scope 3 greenhouse gas emissions as originally proposed. The watered-down rule would require Scope 1 and 2 emissions reporting for certain large companies.
What’s New: In mid-April, Sen. Tim Scott (R-SC) and Rep. Bill Huizenga (R-MI) introduced Congressional Review Act resolutions in the House and Senate to reverse the SEC rule. Congress could vote on these resolutions, which would certainly face a presidential veto, this summer.
USDA Testing Beef Amid Bird Flu Concerns
What's Happening: The U.S. Department of Agriculture (USDA) announced last week that it will test ground beef for bird flu.
Why it’s Happening: Bird flu has been found in nearly three dozen dairy herds across nine states. The new testing is the latest effort by the USDA to track and understand how the virus is spreading among livestock.
Key Takeaway: Food safety experts are confident the nation’s beef supply remains safe. Milk pasteurization and proper beef cooking temperatures are proven ways to maintain safety.
Dive Deeper: The USDA has updated protective equipment standards for food safety inspectors in meatpacking plants and directed workers to monitor if they feel any flu-like symptoms after exposure to potentially infected animals. The Association's food safety team continues to monitor developments.
Submit Payment Card Settlement Claims by May 31
The News: If your restaurant accepted Visa and/or Mastercard at any time between Jan.1, 2004, to Jan. 25,2019, you may be entitled to a share of the Payment Card Settlement. This historic settlement sets aside about $6B for millions of U.S. merchants who paid artificially inflated Visa and Mastercard swipe fees.
Don't Wait: The deadline to submit a claim is May 31, 2024. Go to www.paymentcardsettlement.com to submit a claim before the deadline.
Don't Stress: Submitting a claim is fast and easy. You can even autofill most of the form by inputting your “Claimant ID” and “Control Number” (found in claim letter), or by submitting your business' Tax ID (if claim letter is not available).
Don't be Misled: Third-party filers will tout their ability to get your award faster but can take 10% to 40% of your check
In the news...
The odds for keeping delivery fees and large-party gratuities aren't looking good
On the latest episode of the Working Lunch podcast, Sean Kennedy, the National Restaurant Association's EVP of Public Affairs, expressed significant concern about the Biden administration's plan to outlaw certain restaurant surcharges, which he argues are necessary and not "junk fees." The administration’s promise to protect consumers from true junk fees is political gold, Kennedy indicated. “I’m concerned they’re going to say, ‘Pedal to the metal! The hell with this! We’re going to deliver something for the Biden administration.’”