PR&LA Winter 2018

Winter 2018 • PENNSYLVANIA RESTAURANT & LODGING matters •  21 Budget update | Speaking of the gaming bill Hotel tax threat | Why is 2018 an important year? Overtime regulations | Tax reform Joint employer passed the house | Menu labeling Philadelphia beverage tax | Allegheny county—pool regulations Federal Items OVERTIME REGULATIONS More than 140,000 comments were submitted to the Department of Labor in response to a request for information as it pertains to developing new overtime regulations. While the DOL will work through those comments to develop their regulations, Secretary Acosta has hinted that $33,000 may be a reasonable new threshold for salaried employees. TAX REFORM By the time you read this article, the Trump Administration may have achieved its first (of several) campaign promises— tax reform. JOINT EMPLOYER PASSED THE HOUSE The U.S. House passed HR 3441 by a vote of 242-181. The legislation reestablishes the former definition of joint employer to clarify that you are only an employer if you have “actual, direct, and immediate control” of the employee. The Senate is expected to consider its own version of the legislation shortly. MENU LABELING The Food and Drug Administration has released new guidelines for menu labeling. The effective date for the new regulations is still expected to be May 7, 2018. Local Issues PITTSBURGH PAID LEAVE PRLA filed a petition urging the Supreme Court to not take up the appeal filed by the City of Pittsburgh as it pertains to mandated paid leave in the City. There is no set timeline for when the Supreme Court will make a decision. As always, unless the Supreme Court rules otherwise, mandated paid leave in Pittsburgh remains illegal. PHILADELPHIA— BEVERAGE TAX Beverage tax revenues for continue to fall short of estimates. PRLA continues to work with coalition members to ensure City Council understands the negative impacts of the tax. PHILADELPHIA—SODIUM WARNING LABEL Philadelphia is considering legislation that would require chain restaurants to put a “sodium warning label” next to any menu items that alone, or in combination with something else, could exceed 2,300 mg of sodium. PRLA believes that the full nutritional information of items on a menu is much more telling than just sodium. For example, many types of fish are naturally high in sodium which could put a label on what is a low calorie, generally healthy, option, which would lead to confusion and not achieving the overall goal of helping people to make smart nutritional choices. ALLEGHENY COUNTY— POOL REGULATIONS The Allegheny County Health Department is in the process of updating the county’s current pool regulations. They are considering requiring lifeguards at pools that are deeper than 6 feet, in addition to requiring lifeguards if a hotel has a fitness program that they allow the general public to use. PRLA is working closely with the Greater Pittsburgh Hotel Association (GPHA) in providing feedback to the department on these regulations. PHILADELPHIA—STOP AND GO ESTABLISHMENTS Philadelphia City Council is considering legislation to accompany a state law that would crack down on stop and go establishments in the City. PRLA is working closely with council to ensure that the language they draft goes after those who are breaking the law or not operating in good faith and not legal and responsibly operated restaurants. • especially those that were our champions in the hotel tax fight. 2018 is a new fundraising year for our PAC so please send in your personal PAC donation today so we can start investing in these campaigns. If you are able, please consider the $365 Club. A $1-per-day investment is small compared to what the cost of increased taxes and regulations will cost your business.