PRLA Restaurant & Lodging Matters Fall 2021

Fall 2021 • PENNSYLVANIA RESTAURANT & LODGING matters • 21 COVID-19 Recovery Priorities | House Bill 425 Signed as Act 81 November 2021 Election Results Making Philadelphia Streeteries and Sidewalk Cafes Permanent Philadelphia Tax Center | Philadelphia Plastic Bag Ban | Third-Party Delivery Fees Cap OSHA Emergency Temporary Standard | DOL Releases 80/20 Final Rule Build Back Better Act | The U.S. Reopens Its Borders Federal Items Local Items OSHA EMERGENCY TEMPORARY STANDARD After weeks of stakeholder meetings, the Office of Information and Regulatory Affairs concluded its review of the OSHA Emergency Temporary Standard (ETS) for COVID-19 in the workplace. OSHA released the ETS in early November. Restaurant companies and other businesses with at least 100 employees have until Jan. 4 to get their workers vaccinated. Employees who refuse will have to wear masks at work starting Dec. 5. It’s important to note that the count is per employer, not per outlet and is based on headcounts, not full-time equivalents (FTEs). On Saturday, Nov. 6, a panel of judges for the New Orleans-based Fifth Circuit Court of Appeals ruled to block the Biden Administration’s vaccine mandate. More than two dozen states have filed multiple legal challenges in federal court against the vaccine-or-test mandate for private businesses, arguing that OSHA doesn’t have the authority to issue the requirements. In addition to the 5th Circuit, lawsuits were filed by groups in the 8th, 11th, and 6th Circuits. DOL RELEASES 80/20 FINAL RULE The U.S. Department of Labor announced its Dual Jobs final rule that, as expected, restores the Obama-era “80/20” rule, effectively revoking the Trump Administration rule. Under the final rule, which becomes effective on Dec. 28, 2021, an employer can take a tip credit only when the worker is performing tip producing work or when: • A tipped employee performs work that directly supports tip-producing work for less than 20% of the workweek. Time for which an employer does not take a tip credit is excluded in calculating the 20% tolerance. • A tipped employee performs directly supporting work for not more than 30 minutes. Therefore, an employer cannot take a tip credit for any of the time that exceeds 30 minutes. BUILD BACK BETTER ACT President Biden’s social policy and climate change plan clocking in at $1.75 trillion. The bill does not replenish the Restaurant Revitalization Fund (RRF). THE U.S. REOPENS ITS BORDERS Effective Nov. 8, non-U.S. citizens who are not immigrants to the U.S. will be required to be fully vaccinated and provide proof of their vaccination status to fly to the United States. MAKING PHILADELPHIA STREETERIES AND SIDEWALK CAFES PERMANENT Councilmember Allan Domb introduced a pair of bills that would make streeteries a permanent fixture on Philadelphia’s restaurant scene. These bills would expand the outdoor dining options while streamlining the licensing process and preserving accessibility. PHILADELPHIA TAX CENTER On Nov. 1, the City of Philadelphia Department of Revenue launched the City’s new tax filing and payment website, the Philadelphia Tax Center. This new site will change the way business owners will file and pay liquor and beverage taxes in Philadelphia. PHILADELPHIA PLASTIC BAG BAN The Philadelphia plastic bag ban took effect Oct. 1. The ban targets single-use plastic bags like the ones used at supermarkets and to-go. The city will use the period of Oct. 1, 2021, through Mar. 31, 2022, as an educational period where enforcement agencies will issue warnings to businesses still using prohibited bags. Enforcement officially begins on Apr. 1, 2022. The city has prepared flyers in multiple languages explaining the ban for business owners. THIRD-PARTY DELIVERY FEES CAP Philadelphia Councilmember Cherelle Parker introduced legislation that would permanently cap what third-party delivery services can charge foodservice establishments in Philadelphia. PRLA has worked closely with Councilmember Parker and her staff on this legislation. There is a hearing scheduled for November 30 to discuss this legislation and PRLA will be testifying at that hearing. •