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PRLA 2016 Officers CHAIRMAN John Graf Priory Hospitality Group Western Chapter

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VICE CHAIRMAN Stephen Musciano Aramark at PNC Park Western Chapter TREASURER James Gratton Marriott International Philadelphia Chapter IMMEDIATE PAST CHAIRMAN Jeff Cohen Smallman Street Deli/Weiss Provision Company Western Chapter PRLA STAFF PRESIDENT & CEO John Longstreet | jlongstreet@prla.org OPERATIONS MANAGER Eric Adams | eadams@prla.org EXECUTIVE ASSISTANT Vicki Zeppa | vzeppa@prla.org DIRECTOR OF MEMBERSHIP DEVELOPMENT—EAST Brenda Mendte | bmendte@prla.org DIRECTOR OF MEMBERSHIP DEVELOPMENT—WEST Tom King | tking@prla.org director of Membership development—CENTRAL Joseph Ambrosio | jambrosio@prla.org Member Services Manager Christine Preuss | cpreuss@prla.org Director of Finance & Human Resources Diane Sherwood, CPA | dsherwood@prla.org

inside this issue 4

Industry Outlook

5

ServSafe Certification

6 Implementing a Millennial Approved, Sustainable Pest Management Program 8

COVER STORY Wipe Out Food Waste

11

Legislator Spotlight

14

Legislative Corner

Professional Services Provided by

16

PRLA Annual Fall Conference & Awards Gala

GENERAL COUNSEL Shumaker Williams, P.C. Keith Clark

17

Legal Docket

GOVERNMENT AFFAIRS Pugliese Associates, Harrisburg Lou Biacchi Frank DiCicco Associates, Philadelphia Andrew Zalenski

18

Member Milestones

Government Affairs Specialist Mary Yoder | myoder@prla.org director of education Hope Sterner | hsterner@prla.org DIRECTOR OF EVENTS & ENGAGEMENT Heidi Howard, CMP | hhoward@prla.org DIRECTOR OF COMMUNICATIONS Stephanie Otterson | sotterson@prla.org ACCOUNTING MANAGER Paula Judd | pjudd@prla.org OFFICE ASSISTANT Gisela McBride | gmcbride@prla.org

Accountant and Independent Auditors Brown, Schultz, Sheridan & Fritz John Bonawitz, CPA investment advisors Conrad Siegel Tara Mashack-Behney

19 National Food Safety Month 21

Welcome New Members

Pennsylvania Restaurant & Lodging Matters is a publication of the Pennsylvania Restaurant & LODGING Association 100 State Street, Harrisburg, PA 800-345-5353 | www.prla.org | info@prla.org Sarah DiCello, Publications Manager 717-238-5751 x118 sarah@thinkgraphtech.com For Advertising Information: Alexis Kierce, Account Manager 717-238-5751 x119 alexis@thinkgraphtech.com Creative Design Graphtech

Pennsylvania Restaurant & Lodging Matters is published quarterly by the Pennsylvania Restaurant & Lodging Association, 100 State Street, Harrisburg, PA 17101, tel 800-345-5353, and is a benefit of membership in the association. Articles do not necessarily reflect the view or position of the Pennsylvania Restaurant & Lodging Association. Editorial coverage or permission to advertise does not constitute endorsement of the company covered or of an advertiser’s products or services, nor does Pennsylvania Restaurant & Lodging Matters make any claims or guarantees as to the accuracy or validity of the advertiser’s offer. ©2015 All rights reserved. No part of this publication may be reproduced in print or electronically without the express written permission of the Pennsylvania Restaurant & Lodging Association.

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INDUSTRY outlook

John Graf

“Cost is always a driving factor and reducing operating costs provides a compelling incentive for operators. Strategies like reducing, reusing and recycling waste; water reduction; sustainable procurement; and staff training are not only environmentally and socially responsible, but financially sustainable as well.”

John Longstreet

When the National Restaurant Association’s 2016 What’s Hot Culinary Forecast was released at the beginning of the year, almost half of the top 20 trends revolved around sustainability. As in any business, restaurants and hotels can do dozens of things to be more sustainable—from waste reduction to water conservation to energy efficiency and more. Cost is always a driving factor and reducing operating costs provides a compelling incentive for operators. Strategies like reducing, reusing and recycling waste; water reduction; sustainable procurement; and staff training are not only environmentally and socially responsible, but financially sustainable as well. The National Restaurant Association’s Conserve program (http://conserve. restaurant.org) can help you navigate the right sustainability path for your business. Green Hotelier (www.greenhotelier.org) and Sustainability in Hospitality (www. sustainabilityinhospitality.com) also are excellent resources for our hotel members. We hope to see you at the historic Omni Bedford Springs Resort, October 23–25, for our annual fall membership conference, “Navigating the perfect storm.” All the signs of a coming storm are on the horizon. Learn how to prepare and what to do at this must-attend conference.

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Government overreach, staffing woes and economic uncertainty (particularly as we lead into November’s election) create the perfect storm of circumstances challenging operators in the hospitality and tourism industries. This year’s conference features speakers, presentations and panels to help you navigate these turbulent waters. Register online at www.prla.org/ fallmeeting. The next issue of Pennsylvania Restaurant & Lodging Matters will recap 2015–16 Legislative Session—focusing on how the legislation introduced that impacts our industry fared, highlighting our industry champions in Harrisburg and giving you insights on what you can expect from Harrisburg during the next session. Warm regards,

John Graf Chairman of the Board

John Longstreet President & CEO


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6/23/2016 11:30:50 AM


Implementing a

Millennial-Approved,

Sustainable

Pest Management Program By Hope Bowman, Technical Specialist, Western Pest Services

With the millennial generation firmly established as the tastemakers and trend-spotters across the globe, businesses are changing how they operate to cater to this fast-growing generation of customers. Millennials demand that the brands they support also promote the same values they care about.

Sustainability is high on millennials’ priority list. In fact, 73 percent of millennials are willing to pay extra for sustainable offerings, according to a recent Nielsen study—up from 50 percent in 2014. Sustainable topics like energy efficiency and water conservation are becoming increasingly important, and potential customers are not only looking for businesses that care about sustainability—they’re demanding it. Matching this trend, Integrated Pest Management (IPM) programs are a more environmentally conscience option for pest management. IPM focuses on using proactive and preventive measures, like sanitation, facility maintenance and mechanical controls, to keep pests out. Low-impact chemical treatments are only used as a last resort. Implementing IPM at your establishment can help attract guests while helping to protect your business from pests. A pest sighting can hurt your bottom line, as guests who spot something can go online and write a scathing review. Many guests have zero tolerance for pests, so doing everything you can to prevent them from getting inside in the first place is your best bet. Pests are attracted to restaurants and hotels because they have ample opportunity to find the three main things they need to survive: food, water and shelter. Every business will face different challenges, but IPM programs can be tailored to your needs.

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Here’s what you can do to start and maintain an IPM program at your establishment Create a partnership with your pest management provider First, reach out to your pest management provider and ask them about implementing an IPM program. An IPM program should be specific to your property and needs that evolve with time, so your provider will need to perform a thorough inspection of the interior and exterior of the building. Once you have determined the pest pressures and challenges at your property, keep communication lines open with your pest management provider. The more information you can give them about the pest issues you are facing, the more easily they can create a plan for how to stop pests.

“Sustainable pest management is a process that takes time and effort, but the benefits can have a lasting impact. Implementing an IPM program will not only help you better protect your business from pests, but contribute to the overall appeal of your brand.” Educate your staff Pest management is a team effort, so you’ll need your entire staff on board to make your program as effective as possible. Employees are on the front line of your business and they see what happens around the property every day, so making sure that they know where to look and what to look for can be the difference between successful IPM and ongoing pest issues. Schedule a training session for your employees with your pest management provider. Most providers are happy to teach employees about identifying and documenting pest sightings, and employee engagement in this area will increase the likelihood that issues are spotted and resolved before a guest encounters them. Also, consider creating an action plan for employees that assigns specific roles or area inspections based on their current job functions. When employees are invested in the IPM program, they’re more likely to participate in the pest management effort.

Employ exclusion methods Preventing pests from entering your establishment is easier than trying to remove them once they’re inside, so implementing a program to keep them out pays off. Specific methods to help prevent and exclude pests include sealing holes and gaps around the outside walls, installing weather stripping around doors and windows and trimming vegetation back at least two feet from the building. Talk with your pest management professional about which methods are best for you.

Sanitize regularly Pests love filth and clutter, so sanitation is a huge part of a strong IPM program. Pay close attention to areas in your building where there is food and water, like room service areas, buffets and bars. Take special care to clean up food or beverage spills as soon as they happen. There are a number of other things you can do to sanitize and avoid attracting pests, including: • Sweeping and hosing parking lots and walkways. • Keeping garbage bins sealed, emptying them daily. • Cleaning and disinfecting drains with an organic cleaner.

Practice ongoing monitoring A good IPM program continues to change over time as your property evolves and seasonal pest pressures change. Work with your pest management professional to continually monitor the effectiveness of your program and make any necessary changes or improvements. Keep in mind that as new technology is developed and your needs or goals change, there may be additional opportunities to strengthen your program. Sustainable pest management is a process that takes time and effort, but the benefits can have a lasting impact. Implementing an IPM program will not only help you better protect your business from pests, but contribute to the overall appeal of your brand. By building a partnership with your pest management professional, communicating with your employees regularly and diligently monitoring your program and tweaking it as needed over time, you’ll be on your way to maintaining an effective and more sustainable pest management program. Hope Bowman is a Technical Specialist and Board-Certified Entomologist with Western Pest Services, a New Jersey-based pest management company serving businesses and homeowners in major Northeastern markets. Learn more about Western by visiting www.westernpest.com.

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mericans waste an obscene amount of food despite the fact that one in six Americans is food insecure. The Environmental Protection Agency found that food waste is the largest component of solid waste in American landfills. Unsurprisingly, produce makes up the bulk of the discarded product, with more than 50 percent (or 60 million tons) of all produce thrown away. Americans have an unrealistic and unyielding cosmetic expectations of their foods while foods, fruits and vegetables in particular, have a tendency to look less than perfect from bruising, wilting, oxidizing, discoloring and more. It’s easy to see how this obsession might become amplified in an era of high foodie-ism and Instagram where a sort of heirloom airbrushing has taken hold. However, in the last year, “foodies” and chefs have catapulted the issue of food waste into popular conversations. Restaurant operators across the country are changing their thinking around food recovery and reducing waste. In 2015, the U.S. government announced a campaign to reduce by half America’s food waste annually by the year 2030. The United States Department of Agriculture

and EPA will work in partnership with charitable organizations, faith organizations, the private sector, and local, state and tribal governments to reduce food loss and waste in order to improve overall food security and conserve our nation’s natural resources. Food waste has far-reaching impacts on food security, resource conservation and climate change: • Wholesome food that could have helped feed families in need is sent to landfills. • Food waste quickly generates methane, helping to make landfills the third largest source of methane in the U.S.

• The resources used in producing, processing, transporting, preparing, storing and disposing of discarded food are pulled away from uses that may be more beneficial to society and generates impacts that may endanger the long-run health of the planet.

What can you do to curb food waste in your establishment? Follow the pyramid of food usage hierarchy, above.

Tracking food waste can result in reduced purchasing costs. Begin by inventorying food and tracking what and how much you waste. You can’t manage what you don’t measure. In the front of the house, called postconsumer waste (leftovers after customers have eaten), you can focus on monitoring portions and “right sizing” them as necessary, providing half-portions on the standard menu and using appropriately sized togo containers. These are more difficult to manage than your back-of-house efforts. Pre-consumer waste (your back-of-house efforts), is where you can inventory food and track waste, train your staff to not waste food and use the whole protein (nose-to-tail, broccoli stems and leaves in soups, etc.). Check that your food storage equipment are closed tightly and working properly to prevent spoilage of your merchandise.

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7 Steps to Donating Food Feed hungry people with your safe, nutritious and wholesome leftovers. Need a connection to a local charitable organization? Visit www.foodtodonate.org. The Bill Emerson Good Samaritan Food Donation Act of 1996 protects “persons,” “gleaners,” and “nonprofit organizations” who participate in food recovery from civil and criminal liability. “Persons” include individuals, businesses, corporations, governments and others so restaurants are completely covered. Check out the sidebar for 7 Steps to Donating Food. If the food is past the point of human consumption, it can be donated to feed livestock. This is where having a connection with local farmers may be convenient, whether or not they are your supplier.

1 Find out who needs donations. Develop a one-onone relationship with an agency in your community. This will make the process easier. Decide together on a scheduled pickup time and the food the agency can accept.

2 Figure out your donation inventory. Know how much surplus food you have and the kinds you can donate with ease. Inventory the foods you throw away or compost. Determine what is safe and acceptable for donation.

3 Only donate food that hasn’t been served. If food is brought back to the kitchen for any reason, don’t donate it.

4 Food safety is most important. Be sure to follow correct food cooling and handling procedures. Need a refresher? Go to: Conserve.Restaurant.org/ FoodSafety or ServSafe.com. What if you could take your discarded, unusable food and turn it into soil-enriching “food” for crops and gardens? That’s basically what organic composting does. Composting also can lower your hauling costs, remove tons of waste from water treatment plants, and divert reusable, organic materials from landfills. www.FindAComposter. com can help you locate a composting farm or facility near you. Restaurants and foodservice establishments are uniquely positioned to create huge margins for sustainable action improvements through small changes in operations or mindset.

5 Pack it up properly. Use proper packaging and food handling procedures. Label bags or pans containing food on two sides, with the date, description of contents, and weight. For a refresher on food handling, visit our website: Conserve.Restaurant. org/foodsafety.

6 Know your storage capacity. Determine how you’ll store your food. How much refrigeration space do you have? Are they reach-ins or walkins? Know the hold times for the foods you donate and do not exceed them.

7 Track what you donate. Record donations at each pickup on a log or spreadsheet. 10 •

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legislator spotlight “It is important to solve the major issues that face the Commonwealth. I believe that these things can be accomplished with the proper leadership and concern for our citizens. Government should be striving to solve problems we all face and not be worried about having to get elected again.” Rep. Jack Rader Jr. (R—Monroe County, part)

What made you want to run for political office?

What are some of your personal priorities as an elected official?

I wanted to help change how the state operates. I think it is important to have more people with a small-business background in government. They tend to take a more “common sense” approach to solving problems. My experience as a small business owner provides me with a unique perspective that is much needed in state government. I also have a political background, having served as a township supervisor for 28 years. That experience, as well as growing up in the area, made me a perfect choice to represent the people of my district.

My most important priority in my district is to find a solution for our local property tax issue. Everything I do is predicated on solving the school property tax situation, a problem that we all share in Monroe County.

How has your experience in the hospitality industry affected your decision making as a state representative? As a small business owner, you need to make decisions while considering many factors. For example, I think politicians, when crafting budgets, tend to look at revenue and raising taxes, not cutting expenses to make ends meet. Also, unfunded mandates, rules and regulations have become something that stifles economic growth; we need to consider ways to help business and the local economy grow.

What has been the most frustrating thing for you since you began your term? Business owners do their best to get things done in a prudent manner, they take a common sense approach to solving problems. In government, politics enter into the decision-making process. I just want to get the job done as quickly and efficiently as possible and that has been a challenge during this legislative session.

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If you could change anything about Pennsylvania’s political system, what would it be? I think the political system itself is fine. The issue is who the people elect to run the system. This is true in local, state and national politics. You need to elect the right people and make sure that they do the things that they say they will or at least do their best to accomplish their goals.

What can the hospitality and tourism industry do to become more involved in how government is run? Get involved in the political process. Try to make sure that the people elected to represent you know your feelings. Make sure there is a lobbying presence in Harrisburg to represent your ideals. Establish a personal relationship with your local representative.

Where do you see the state of Pennsylvania in 10 years? Hopefully government becomes more representative of the people that elect them, not just the select few. It is important to solve the major issues that face the Commonwealth. I believe that these things can be accomplished with the proper leadership and concern for our citizens. Government should be striving to solve problems we all face and not be worried about having to get elected again.

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legislative corner

STATE FEDERAL LOCAL State Items

implementation have been worked out. In the meantime, PRLA will continue to be advocating for HB 1196 (Petri—R, Bucks), which contains some important changes and clarification as it relates to Act 39.

We have a budget and a summer The legislature, with bipartisan support, passed a $31.5 billion budget by June 30, and followed that with a fiscal code and tax code bill by July 13. This 180-degree-turn from this time last year can be explained by the simple fact that it is an election year and no legislator wants to return to their district without having completed the one most important thing for which they were elected—passing a budget. What was good and what was bad about the budget this year? • The budget contained no broad based tax increases this year and instead relied on a piecemeal approach to raise money. • While the allocation for statewide tourism funding was increased to $11.4 million, the Tourism Office will only see $4 million of that money. PRLA will be developing a new strategy for dedicated funding for tourism in Pennsylvania over the next few months. • The current uncapped 1 percent vendors discount for remitting sales tax on time is now capped at $25/month or $300/year. This will give the state an additional $70 million/year on the backs of businesses in the Commonwealth. PRLA is currently crafting our strategy to combat this cap. What happens now? The legislature will return for about three weeks of session this fall (until mid-October) and then head home once again to campaign for re-election—not to return until mid-January. Speaking of elections Pennsylvania is once again in the national spotlight as we gear up for election day. Pennsylvania’s historically blue leanings for President puts the U.S. Senate race (Toomey vs. McGinty) as a toss-up. State House & Senate Republicans are investing heavily in their races to in an attempt to expand their majority and State House & Senate Democrats are doing the same to try and mitigate the large Republican majorities. Long story short—expect a lot of commercials between now and November 8. Alcohol reform—Act 39 Act 39 took effect on August 8, and by the time you read this article we are hopeful that the kinks discovered regarding 14 •

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Airbnb to remit state occupancy tax in Pennsylvania The Pennsylvania Department of Revenue announced an agreement with AirBnb to remit state occupancy tax (which is the hotel version of the sales tax) on behalf of their listings. There are some key things to keep in mind regarding this agreement: • AirBnb is only remitting the state tax, they are NOT remitting local hotel occupancy tax. It remains up to the county treasurer to go after properties that are not remitting the local tax. • This is only for AirBnb listings. All other home-sharing sites (Home Away, VRBO, etc.) continue to state that the individual property must remit the tax.

Federal items Overtime regulations Rep. Kurt Schrader (D-Oregon) has introduced H.R. 5813, the “Overtime Reform and Enhancement Act,” to phase in the new overtime threshold over the course of three years. The bill would increase the threshold to $35,984 on December 1, 2016; $39,780 on December 1, 2017; $43,628 on December 1, 2018; and $47,476 on December 1, 2019. The plan would also eliminate DOL’s three-year automatic increases in the salary threshold. Unless this proposal gains enough support to be “veto-proof”, you should still plan for the new overtime regulations to take effect on December 1, 2016. Appeals Court rejects settlement as “unreasonable and inadequate” The Court of Appeals for the Second Circuit rejected the multibillion-dollar settlement that was reached between retailers and Visa and MasterCard. The court ruled that the settlement was “unreasonable and inadequate” and sent the case back for further litigation. As a reminder, this is the case that many PRLA members have been contacted about in terms of signing a contract with some companies to receive this settlement. There is still NO settlement. Any group that contacts you saying that there is one is misleading you.


Budget Update Overtime Regulations Non-alcoholic Drink Tax Passed

Local items

SERVING THE NEEDS OF

THE RESTAURANT AND HOTEL INDUSTRY FOR MORE THAN 50 YEARS

Acquisition, sale and financing of restaurants and hotels • Liquor license acquisition and sale • Defense of liquor license citations and enforcement actions • Dram shop liability • Structuring to limit liability • Employment law and wage & hour issues • Litigation, mediation and dispute resolution • Intellectual property protection including trademarks, copyrights and trade secrets • Tax, business and estate planning

Philadelphia City Council passes non-alcoholic drink tax Philadelphia City Council passed a 1.5 cent tax on every ounce of non-alcoholic beverages in the City with a vote of 13-4. This applies to regular and diet soda, Gatorade, energy drinks, flavored water, iced beverages and everything in between. The tax will take effect January 1, 2017. The American Beverage Association (ABA) and other entities, including PRLA, will be looking into legal options regarding the tax over the coming weeks.

1-888-794-5542

www.shumakerwilliams.com PENNSYLVANIA MARYLAND NEW JERSEY NEW YORK WASHINGTON DC

Mandated paid leave—Pittsburgh As you all know, the City of Pittsburgh appealed the ruling of the Court of Common Pleas which determined that Pittsburgh’s paid leave mandate was invalid. Oral argument on the appeal is expected to heard before the Commonwealth Court on November 14. Philadelphia wage theft legislation took effect July 1 Philadelphia City Council’s legislation that created a wage theft coordinator in the City took effect on July 1. If a business is found guilty of wage theft or admits they made an honest mistake they must pay the back wages and appropriate penalties. In addition, the wage theft coordinator will have the ability to deny the renewal of the business license for even first time offenders and applicants will not be able to reapply for a year.

PRLAEF SCHOLARSHIP PROGRAM NOW ACCEPTING APPLICATIONS DEADLINE MARCH 1 prla.org/scholarship


NAVIGATING THROUGH THE

SIGNATURE SPONSOR

PERFECT STORM Annual Fall Conference & Awards Gala Oct. 23-25 | Omni Bedford Springs Resort

www.prla.org/fallmeeting The signs of a coming storm are on the horizon. Learn how to prepare and what to do this fall at Omni Bedford Springs Resort. Government overreach, staffing woes and economic uncertainty, plus the challenge of differentiating your brand and providing exceptional service, create the perfect storm of circumstances challenging operators in the hospitality and tourism industries. This year’s conference features speakers, presentations and panels designed to help you navigate these turbulent waters.

REGISTER www.prla.org/fallmeeting or call (800) 345-5353

KEYNOTE SPEAKERS ANDY MASTERS Award-winning author and leadership expert Andy Masters will present his flagship keynote address, “Kiss your customers: 77 reasons sales & service are just like dating & relationships.” Be prepared to journey through the highs and lows of relationshipbuilding in this entertaining program.

JUDY Z. KING Founder and principal of Quality Management Services, Judy King has assisted clients in achieving excellence. She will kick-off Tuesday with “Conflict resolution: Let’s clear the air!” Conflict happens, how well are you prepared to deal with it?

CONFERENCE HIGHLIGHTS EDUCATIONAL SESSIONS & PANEL DISCUSSIONS • Ethical leadership & why it’s important • Overcoming challenges facing the industry • Impacts of a sharing economy • Leadership lessons from H-O-L-L-Y-W-O-O-D • Delivering five star service • Attracting, hiring & retaining top talent • Legislative landscape of Pennsylvania EVENTS • Discounted golf and spa treatments for attendees

JOE KEFAUVER

• Exhibitor hall

With more than 25 years of political experience in all aspects of government affairs, Joe Kefauver is a respected opinion leader among corporate public affairs leaders. He wraps up the conference with “Red State, Blue City” and “A post-election America.”

• Whiskey Rebellion pairing dinner • Spirit of Hospitality Awards Gala • Direct-from-Nashville singer-songwriter showcase


LEGAL DOCKET

Michael E. Rowan, Esquire and Marc G. Tarlow, Esquire SHUMAKER WILLIAMS, P.C. General Counsel, Pennsylvania Restaurant & Lodging Association

ask

The Attorney

Recruitment and Hiring in the Age of Social Media The challenges for human resource professionals in keeping up with changes in electronic media and their impact in the workplace are increasing difficult. The internet has gone well beyond such things as email, web browsers, instant messenger and even Facebook and Twitter. Now it is such things as Reddit, Snapchat, WhatsApp, Tumblr and of course for the business world, LinkedIn. Millennials increasingly connect with social media forcing employers to cope with the implications in the workplace from recruitment through post termination. Pew Research Center reports that 90% of Millennials (defined as those between the ages of 18 and 29) use social media. Even for something as “simple” as recruitment, employers by necessity are forced to adjust to very new ways of doing things and new potential liability issues, none of which existed a decade ago. The days of recruiting via print media have evolved into extensive use of social media. LinkedIn, Monster and Indeed are the obvious media to use to search for candidates. However, Millennials, if that is the target, also peruse social media as diverse as Facebook and even Pinterest in the search for employment. This means that employers should consider the appropriate media for each search depending upon the target audience, which will vary based upon the level of compensation and the level of experience sought. With the use of these various sites, employers have moved beyond requiring hard copy applications for employment. Even now an online application process may not suffice if it is designed solely to operate with a standard computer. Millennials expect to use their handheld

Michael E. Rowan

devices (calling them cell phones is anachronistic) to access most everything— including employment applications. Thus, employers might consider adapting their application process to work easily with handheld devices as computer friendly applications are not necessarily easy to use with a handheld device.

Marc G. Tarlow

business is the recipient of a failure to hire suit, the first thing a skilled plaintiff will ask for is electronic discovery. A very partial list of factual issues include: Do you investigate everyone’s social media or just some? What if you look at some postings longer than others? (Metadata will show how long you looked at each applicant.) Do you use this to determine who to interview versus who to hire? Could there be a reverse discrimination issue if this information is used to exclude applicants because minorities use media less? Does your outside investigative agency look at social media? If so, that should be included in their FCRA report.

Once the employer receives an application, the next question is does the employer access social media to investigate an employee either in making an initial assessment or at some other point in the hiring process. Many do, but that can create its own set of issues. The simplest is to use a search engine to see what might turn up or asking an Employers should consider the appropriate applicant to identify their social media media for each search depending upon the target accounts at some audience, which will vary based upon the level of point in the process. Employers can then compensation and the level of experience sought. review postings on Facebook, Finally, do you ask for the passwords to Instagram, Reddit, Twitter, etc. By reviewing an applicant’s social media accounts? information which is readily available, Although Pennsylvania law does not employers will learn information which specifically prohibit employers from they would likely never ask about in requesting this information, many states the interview process. This can include: have banned the practice. Indeed, absent marriage status, pregnancy, disability, extraordinary circumstances, there is union activity, age, place of birth, religion, increasingly a sense that this is not safe genetic predispositions (think GINA), sexual practice for employers. orientation, and information relating to just about any protected class one might If you have any questions concerning imagine. The base question here for the this or other legal issues, please contact employer is: Do you really want to know Michael E. Rowan (410.825.5223 or these things? mrowan@shumakerwilliams.com) or Marc G. Tarlow (717.848.5134 or mtarlow@ shumakerwilliams.com) at Shumaker Williams, P.C., PLRA’s General Counsel.

The list of issues raised is long once an applicant believes there is unfair treatment. Keep in mind that if your SUMMER/FALL 2016

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MEMBER MILESTONES BUCKS-MONT CHAPTER

The Plumsteadville Inn placed first in the Top Taste Competition at the Taste of the World fundraiser held at the Pearl S. Buck House. The inn won with its Jaeger Schnitzel à la Holstein. Schnitzel is offered on the inn’s menu but General Manager Matt George said they kicked it up a notch for the competition by creating it “à la Holstein” which layers a fried egg and anchovies over the veal chop. Thirty restaurants, caterers and food companies participated in the event which raises money to give children around the world a better living opportunity and local children the opportunity to travel and explore other cultures.

LEHIGH VALLEY Chapter

Summer is for baseball! Lehigh Valley Chapter members and their guests attended a Lehigh Valley Ironpigs game in June. As always, it was great evening of networking, food and fun. Thank you to the event sponsor—The Lehigh Valley Restaurant Group-Red Robins. Don Juan Mex Grill is pleased to announce that they have opened a second location in Emmaus. The original location is in Easton. A third location is in development for 2017.

Chef Dennis Matthew and Matt George, general manager of the Plumsteadville Inn.

BRANDYWINE CHAPTER

The Brandywine Chapter hosted its Third Annual Golf Outing at the Applecross Country Club in Downingtown on September 19. The 14th P.J. Whelihan’s will open its doors in late fall of 2016. The 200 seat facility will feature 48 beers on tap, including P.J.W. Copper Lager brewed by Victory Brewing, a patio and outdoor seating. The location is Marketplace at Oaks in Oaks, PA. CENTRAL CHAPTER

This summer, Hershey Entertainment & Resorts Company announced the retirement of President & CEO William F. Simpson Jr., effective January 5, 2018. Simpson began his career with HE&R in 1996 as the General Manager of the Hershey Lodge and Convention Center (now known as Hershey Lodge). He became Vice President of the Entertainment Group in April 2002 and oversaw the operation of the Hersheypark Entertainment Complex. In April 2010 Simpson was promoted to Chief Operating Officer, then to the role of President in November 2010. LANCASTER Chapter

The Pressroom Restaurant in downtown Lancaster was the setting for the Lancaster Chapter’s Summer Mixer. Despite a little rain, chapter members and their guests, including several Central Chapter members, enjoyed a wonderful array of appetizers and conversation.

It was a full house and there were lots of questions for Melissa Bova, PRLA government affairs director, at a recent Keystone Chapter meeting. Members and guests, including wineries, breweries and distillers, were eager to learn more about how their businesses will be affected by the state budget and liquor reforms. Thank you to the Days Inn Penn State for hosting the meeting.

Pennsylvania Restaurant & Lodging matters

northeastern Chapter

PRLA is currently undergoing the birth of a new chapter! The fledgling Northeastern Chapter held its first organizational meeting at The Kalahari Resort and Convention Center. Greg Sherrill of Kalahari Resorts, Damon Kimble of Lehigh Valley Restaurant Group and Dan Harris of Inn at Pocono Manor will serve as officers for the chapter. The chapter covers Carbon, Monroe, Pike, Wayne, Lackawanna and Luzerne counties. Check PRLA’s event calendar www.prla.org/events for the next chapter meeting! PHILADELPHIA CHAPTER

Ellis Coffee, one of the oldest family owned coffee roasters in America, first opened in 1854 as a shop on Philadelphia’s waterfront and is now a fourth generation family owned coffee roaster who sources, roasts, and distributes coffees from around the world to our customers. It recently unveiled single serve e-cups in the retail segment. WESTERN CHAPTER

Keystone Chapter

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Congratulations to the Carnegie Inn and Spa in State College for once again earning AAA Four Diamond status.

• SUMMER/FALL 2016

It was a beautiful night for baseball when the Western Chapter hosted nearly 300 members and guests at a Pittsburgh Pirates game at PNC Bank. Despite the home team’s loss to the Milwaukee Brewers, everyone had a great time networking, eating delicious food and drinking cold draft beer courtesy of Church Brew Works and Rivertowne Brewing. Thank you also to event sponsors Aramark, Breadworks, Flaherty & O’Hara, Sysco and U.S. Foods.


Congratulations to Christopher Gibson, manager of Westin Workout/Outlets for the Westin Convention Center Hotel. Christopher recently received the Starwood Cares for the Community Award. Every year he organizes an Indoor Rowing Challenge to benefit the Juvenile Diabetes Foundation; the Race to Anyplace to benefit the Leukemia and Lymphoma Society; and an Indoor Triathlon to benefit the Cystic Fibrosis Foundation. He has also mentored countless youths as well as rappelled down the 26-floor hotel to raise money for Shatterproof.

Christopher Gibson is presented the award by Tom Martini. Happy Anniversary! Bella Sera Catering is excited to announce its upcoming 10-year anniversary in October. The company has catered hundreds of amazing weddings and special events over the years and thanks the community for its continued support. A special celebration will be held in early 2017.

Primanti Bros. recently opened its 35th location in Taylor, Mich. and will open a second Michigan restaurant, in Novi, in September. Also expanding, Big Burrito Company opened a new Mad Mex location in Canonsburg. Mad Mex Lakeside boasts the largest Mad Mex patio complete with a jumbo Jenga game.

SUMMER/FALL 2016

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Pennsylvania Restaurant & Lodging matters

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WELCOME new members Restaurant Members Anthony Jr’s. Restaurant & Pizzeria Coraopolis

Luke Wholey’s Wild Alaskan Grille

Trattoria Giuseppe Edgemont

Pittsburgh

Twenty-Six Bar & Grill

Mauro’s Ristorante & Lounge

New Castle

Jeannette

Vickers Tavern

Babich’s Family Restaurant

Maximilian’s

Aliquippa

Erie

Barley Creek Brewing Co.

Max’s Allegheny Tavern

Tannersville

Pittsburgh

Black Sheep Bar & Grill

McDonalds

Irwin

Emmaus

Block 292

McHill’s Bar & Grill New Brighton

Lodging Members

Pittsburgh

Cafe Kolache

Mixto

Beaver

Philadelphia

Bel-Aire Clarion Hotel & Conference Center

Carr’s Country Catering

Molly Maguire’s Irish Restaurant & Pub

Lancaster

Christine’s Cafe Gettysburg

Colonial Grille & Taproom Irwin

Columbia Kettle Works Columbia

Corner Grill New Brighton

Dans At Green Hills Reading

DO Wood Fired Pizza Irwin

Fasta & Ravioli Company Bellefonte

Fishtown Brewpub Philadelphia

Gennaro’s Tomato Pie Philadelphia

Hank’s Frozen Custard New Brighton

Happy Valley Vineyard and Winery

Exton

Harrisburg

Woo De La Kitchen Hershey

Erie

BF Hiestand Bed & Breakfast Marietta

Phoenixville

Comfort Suites – Manheim/ Lancaster

Natili North Restaurant Butler

Manheim

Patrick’s Pub & Grill

Comfort Suites State College

Moon Township

State College

Paxos Restaurants

Courtyard By Marriott

Allentown

Erie

Pinefish

Doubletree Hotel and Convention Center

Philadelphia

Pitzer’s Townhouse

Reading

Jeannette

Hampton Inn Harrisburg-West

Primanti Bros. Dickson City

Mechanicsburg

Dickson City

Hampton Inn Lancaster

Rams Head Bar & Grill

Lancaster

West Chester

Hampton Inn York

Restaurant 51 Tap and Spirits

York

West Chester

Hilton Garden Inn Gettysburg

Roasted Barrelhouse & Eatery

Gettysburg

Hilton Garden Inn Wilkes-Barre

Pittsburgh

Wilkes-Barre

Rockfish Public House

Homewood Suites By Hilton – Harrisburg West

York

State College

Rocky’s BBQ

Hugger-Mugger Tasty Recipes

Social

Mechanicsburg

Columbia

Homewood Suites By Hilton Reading

Pulaski

West Chester

Jason’s

The Chop Shop

York

Butler

Johnny’s Wife’s Place

The Flavor Spot

Jeannette

Philadelphia

Joy’s Tavern

The Hangar

Mount Joy

Moon Township

Kildare’s Irish Pub

The Harrisburger

West Chester

Harrisburg

Laura’s Cafe

TimberCreek Tap and Table

York

Walnut Grove Smorgasbord

Reading

Ledges Hotel Hawley

Residence Inn Pittsburgh North Shore Pittsburgh

Sleep Inn – State College State College

The Hotel Lancaster Lancaster

Mercer

SUMMER/FALL 2016

Pennsylvania Restaurant & Lodging matters

• 21


The Settlers Inn Hawley

TownePlace Suites By Marriott Mechanicsburg

Other Hospitality Antique Automobile Club of America Museum Hershey

Brandywine Conference and Visitors Bureau Media

Chester County Conference & Visitors Bureau Kennett Square

Frank J. Pasquerilla Conference Center Johnstown

Huntingdon County Visitors Bureau Hesston

Juniata River Valley Visitors Bureau Lewistown

Oil Region Alliance of Business, Industry & Tourism Oil City

Institutions Cumberland Perry Area Vocational Technical School

PA Amusement Park Association

Mechanicsburg

Elysburg

FCI – McKean Bradford

Pa Route 6 Alliance Galeton

Punxsutawney Groundhog Club Punxsutawney

PA Ski Area Association White Haven

Allied Members

PA State Snowmobile Association Palmyra

Farrell Insurance Associates Inc.

The National Civil War Musuem

Hometown Provisions

Lansdale

Harrisburg

Willow Street

The Patriot House Bed & Breakfast

Madden Media Tucson

Annville

Fox Rothschild LLP Warrington

Turkey Hill Experience Conestoga

Patrice & Associates

Washington County Tourism Promotion Agency

Garnet Valley

Canonsburg

Harford Mutual

is serving up complete Restaurant Coverage in Pennsylvania including Fine Dining &Liquor Liability Ask your agent or visit HarfordMutual.com

1-800-638-3669 22 •

Pennsylvania Restaurant & Lodging matters

• SUMMER/FALL 2016

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Pennsylvania Restaurant & Lodging Matters  

The official publication of the Pennsylvania Restaurant & Lodging Association.

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