The National Labor Relations Board (NLRB) has released its final joint employer rule, broadening the conditions under which two businesses might be considered jointly liable for legal issues or organizing campaigns. This rule does not only impact the franchise restaurant model but will also impact all restaurants that contract for services like cleaning or lawn care. The National Restaurant Association and the Wisconsin Restaurant Association strongly oppose the NLRB’s final rule.
NOTE: In late November, the effective date was changed from December 26, 2023 to February 26, 2024. Click here for more info on the date change. History Revisited Previously, joint employer status was largely contingent on an entity's “direct and immediate control” over the key terms of another organization's employees. The 2020 Final Rule provided clear boundaries, granting certainty to industry participants. What’s New The NLRB's latest update expands the joint employer standard. Now, entities can be jointly classified by "sharing or co-determining" essential aspects of employment terms. This change encompasses both indirect influences and reserved controls. Entities identified as joint employers are obligated to participate in collective bargaining with the union representing their shared employees. Furthermore, they're potentially liable for each other's unfair labor practices and become vulnerable to union pressures in the event of labor disputes. Expanding the Scope The implications of the rule aren't confined to explicit, direct relationships. Circumstances where an entity impacts another’s employees through intermediaries or merely possesses (but does not exercise) control over employment conditions can now indicate a joint employer dynamic. Who’s Affected? The franchise business model is squarely in the crosshairs. While the 2020 Final Rule, under the "direct and immediate" standard, provided a conducive environment for the industry to flourish, the current iteration neglects the industry's concerns. In the National Restaurant Association and Restaurant Law Center’s (RLC) comments to the proposed rule, they emphasized that, at the very least, the rule should clarify that it does not encompass franchise agreements or other clauses tied to legitimate business reasons, such as brand maintenance and product quality. Regrettably, our suggestions weren't heeded. Bigger Picture This is not just a minor regulatory adjustment; it's a foundational change. The rule's lack of clarity could spur extensive legal challenges and increased liability risks. Amid these unprecedented challenges, the National Restaurant Association and RLC are exploring all avenues, including potential legislative and legal actions, to restore a practical standard. More Information Littler-Mendelsohn Assessment of Final Rule National Restaurant Association Statement on the 2023 Joint Employer Final Rule NLRB Final Rule: Standard for Determining Joint Employer Status NLRB FACT SHEET Joint-Employer Standard Final Rule
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The WRA's Third Party Delivery Consent bill (AB 294/SB 290) unanimously passed both the Wisconsin Senate and Assembly on Tuesday, October 17! The bill is now available for the Governor to sign. WRA staff has met with the Governor's policy team encouraging him to sign the bill as soon as it is available. At the request of the WRA, Senator Pat Testin and Representative Alex Dallman introduced these bills to curb third party delivery company business practices that emerged during the pandemic that are harmful and costly to restaurants. This bill ensures:
For more information on this bill and WRA’s legislative priorities, please email Susan Quam. The Wisconsin tourism public relations team is looking to gather information on unique culinary offerings in Wisconsin.
Please share information on any of the following:
Email your submission to the Wisconsin Tourism PR team directly at [email protected] with the subject line "Request for Information: Unique Culinary Offerings" The email must be received by 5 PM (CST) Friday, October 20th to be considered for this opportunity. When submitting, please indicate:
The IRS recently announced that it is pausing acceptance of new Employee Retention Credit submissions through at least the end of the year. The reason for this pause is to prevent fraud and manage the backlog of nearly 600,000 pending applications. Unfortunately, the ERC has been targeted by less than reputable companies and the IRS is seeing some fraudulent applications. This is why WRA is working with Adesso Capital—an established, reputable, vetted company that many other state restaurant associations are working with as well. Adesso's experts are well-versed with all aspects of the ERC and specialize in working with restaurants. So far Adesso has helped Wisconsin restaurants claim nearly $12 million in ERC dollars through our partnership. What Does This Pause Mean for Restaurants?
Over the last few years, as food, labor and property costs have increased, a new trend has emerged to help offset the cost of accepting credit cards called Surcharging. By now, you might have experienced this practice in restaurants and retail stores, but there still lies confusion around the Surcharging rules and who enforces them. In the State of Wisconsin, it is legal to charge a surcharge to credit cards as long as the customer is notified in writing prior to checking out. It is against card brand rules to add a surcharge to sales completed by debit card, regardless of using the debit card or credit card network. You must also apply the same surcharge amount to all cards and cannot offer a cash discount in conjunction with surcharging. In short, it must be one or the other across the board. What changed? Starting April 15, 2023, Visa imposed a maximum of 3% surcharge rule for all credit cards to help recoup some or all of the card processing costs. Visa’s decision to reduce this from 4% to 3% is due in part to an increase in surcharge related violations and confusion around the rules. What would happen if we chose not to follow card brand rules? Visa employs secret shoppers as well as a public facing document for violation reporting. If caught, a cease and desist letter is sent, followed by fines up to $10,000 PER OCCURENCE. If the business or business owner continually repeats the offense, Visa can remove their ability to accept Visa cards permanently. What actions do you need to take? If you are currently surcharging, ensure your point of sale can detect debit vs credit cards so that a surcharge is not mistakenly added to a debit card. Also, ensure that your surcharge does not exceed 3% to the customer. Finally, update your in store and/or menu signage to reflect this change and create transparency for the customer. Special thanks to Heartland Payment Systems for providing this information. Questions? Email or call the AskWRA Team at 608.270.9950 On occasion the Department of Revenue's Alcohol and Tobacco Enforcement Unit confiscates contraband alcohol beverages. The DOR is authorized to sell the confiscated product to the highest bidder. Many times, bottles sell well below wholesale price.
This sale consists of 2,561 bottles of Taxed Intoxicating Liquor. Bids for the entire lot will be accepted from either a wholesale permittee or persons licensed to sell wine at retail (Class A or B Liquor License). Items within the lot may NOT be bid on separately. Sealed bids must be received at 819 N. 6th St., Room 408, Milwaukee, WI no later than September 25, 2023. Bid opening at 9:00 am on September 26th, 2023. Successful bidder must pick up product by October 20, 2023. You hope it never happens to your restaurant, but it’s important to be prepared if disaster strikes. Pre-planning and a good blueprint for what to do if a fire breaks out can have a big impact on the safety of your employees and guests and the ability of your business to recover quickly. The National Restaurant Association recently released a new guide in their series of restaurant-specific disaster preparedness guides. Always Ready: Fire is a great resource for restaurants. Take a look to make sure you’re doing everything you can to be prepared in the case of a fire. Check out their Always Ready: Natural Disasters guide for great information on preparing for and recovering from natural disasters. The National Restaurant Association also has mini guides on floods, tornados, severe winter storms and wildfires. For more useful guides and restaurant operations information from the National Restaurant Association, check out their Resource Library. Good news! The WRA, along with other associations representing retailers, successfully advocated for an increase in the Sales Tax Retailer’s Allowance – which increases the amount paid to retailers for administration of sales and excise tax. The increase was included in the 2023-2025 state budget signed the first week in July.
Here's some background on the issue. In Wisconsin, all retailers collect sales taxes from the public on behalf of state and local governments. Currently they are provided a “retailer’s allowance” of .5 percent of the taxes they collect - capped at $1,000 per filing period - as compensation for the costs they incur in collecting the tax. As of October 1, retailers will now be able to retain .75 percent of the taxes they collect, and the total amount per filing period is now capped at $8,000. What This Means for Restaurants While it doesn't take out the sting completely of having to pay credit card fees on government taxes collected, it is a big improvement and will mean more money that restaurants don't have to pay out. Like the repeal of the Personal Property Tax, WRA worked hard lobbying in the Capitol to secure financial relief for all restaurant businesses, especially as inflation and ramifications from the pandemic continue to make it harder to stay in business. Questions? Contact Susan Quam Effective in the 2024 tax year, businesses will no longer pay their local municipalities personal property taxes (PPT) on equipment, fixtures and furnishings. Included in the massive Local Shared Revenue Bill recently brokered between Senate Majority Leader Devin LeMahieu, Assembly Speaker Robin Vos and Governor Tony Evers, the PPT was officially repealed when the Governor signed the bill on June 20, 2023. The WRA has advocated for PPT relief/repeal for 20-plus years and played a major role in the past decade to get the law repealed. Many WRA members have testified at legislative committee hearings and made office visits with their legislators, telling their story on how onerous the PPT is and how negatively it effected their business. We thank all of our members who helped get the message across and contributed to this repeal. The repeal will save Wisconsin businesses over 200 million dollars in 2024. The WRA joined forces with over 50 other business organizations to get the repeal completed. Keep in mind, Wisconsin businesses will still have to pay their 2023 PPT bill in early 2024, since the “backfill” to make municipalities whole does not take effect until the 2024 tax year. Questions? Contact us.
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