call for Expansion of state data privacy laws has implications for hospitality
bROADENING wORKFORCE OPPORTUNITIES IN THE RESTAURANT INDUSTRY The shortage in workers is making it extremely difficult for restaurants to recruit and retain employees. Restaurants have had to close additional hours, limit seating capacity, and edit menus to adapt to their lack of employees. According to the National Restaurant Association’s State of the Industry report, approximately 50% of restaurant operators name recruiting and retaining as their top challenge. While there’s not one silver bullet to fix the labor shortage, legislation introduced by Representative Lloyd Smucker (R-PA) is one approach that could greatly help the restaurant industry. The Essential Workers for Economic Advancement Act (H.R. 7239) would expand the country’s workforce through a three-year, marketdriven, non-immigrant visa program specifically in occupations that provide growth opportunities and career paths without the need for a college degree. The EWEA program would connect prospective workers with employers, both of whom must meet participation requirements, and will expand the country’s workforce focusing on occupations that do not requre a college degree. “Overlapping blows of the pandemic and now an inflationary economy are limiting industry operations,” said Association EVP, Public Affairs Sean Kennedy. “For restaurants to fully recover and grow, we have to be open at full capacity—and to do that we have to continue to grow our workforce. This program is a win-win for employers in desperate need of employees, and for individuals seeking training and opportunity.” A specific number of positions is allotted to employers that promote nationally recognized employee safety and health programs, hire workers under the Work Opportunity Tax Credit, or have comparatively low sales per employee—making restaurants ideal program participants. How does the ewea Program work? The program, established by the Essential Workers for Economic Advancement Act, connects prospective workers with employers. Both the employers and employees must meet the participation requirements to be paired together.
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Must apply to particpate in the program.
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Once the employer is approved, a prospecticve EWEA employee is matched for a specific position and location.
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EWEA employees can move between qualifying positions available at EWEA employers and have the potential to advance with growth and training.
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EWEA employers and employees must participate in employment verification through E-Verify.
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EWEA employers must prove that the position has remained unfilled for a set period of time and that no equally or better qualified U.S. worker who applied is ready, willing, and able to filll the position.
Why the EWEA PROGRAM WORKS FOR RESTAURANTS... The EWEA program allots 25% of employees for businesses that promote nationally recognized employee safety and health programs, hire workers under the Work oppurtunity Tax Credit or hvae comparatively low sales per employee. EWEA employees are essential in the growth of the restaurant industry and nation’s economy. The program is beneficial to every level of individual in the restauarant industry.
Data is one of, if not the most, important assets in today’s digital economy. Yet, reining in the use of consumer data has been like stepping back in time to the Wild West. Although the European Union established the General Data Protection Regulation, which sets concrete consumer privacy rights and dictates how companies must protect consumer data, the United States has been slower to act on this front. Congress has held hearings on the subject, but those hearings have not resulted in a national data privacy framework. States have stepped in to fill the void, taking action to cover residents and business interactions in their respective jurisdictions. The patchwork of state data privacy laws has begun to take form with the passage of the California Consumer Protection Act and Privacy Rights Act, Virginia Data Protection Act, Colorado Privacy Act, and just this month, the Utah Consumer Privacy Act. However, the state-by-state patchwork approach is not ideal in today’s global marketplace. “Congress needs to pass a federal data privacy law that preempts the patchwork of differing state laws to better protect consumers and allow businesses to comply with one, uniform set of rules,” said Brennan Duckett, Association director of Technology and Innovation Policy.
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These laws give consumers the right to access, correct, and delete their information, and businesses that control or process the data of 100,000 or more consumers are obligated to fulfill data subject requests. As consumer behavior has changed over the last decade, the laws still cover on-premise traffic but also website visits and transactions via third-parties. Additionally, laws like the Illinois Biometric Information Privacy Act prohibits private companies from collecting an individual’s biometric data unless they inform and obtain consent from the individual. While there may not be a data privacy law in South Carolina now, Duckett warns that there very well could be one coming in the next couple years. “Restaurants and hotels should start determining how many consumers they interact with, and what kind of personal information they collect and store, and with whom that data may be shared.” Noncompliance with data privacy claws is costly; nearly 200 legal actions have been filed relating to California’s Consumer Protection Act, alone.
WE’VE GOT YOUR BACK. AND FRONT OF HOUSE.
The restaurant industry builds skills in employees that are highly transferrable to and sought after by other industries. How does the EWEA PROGRAM COMPARE to others? •
Capacity capped at 65,000
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Could go up to 85,000 or down to 45,000 through a market-based mechanism
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Prohibits family members from joining participants in the United States
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Authorized to work for an initial three (3) years with extensions allowed for up to an additional six (6) years
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The SCRLA and the National Restaurant Association will continue to work with members of Congress to help them appreciate how essential this tool is for industry growth and urge them to ultimately pass the legislation. heartland.us/restaurant
May 2022 • SCRLA.org
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