4th quarter 2015 hospitality · 2016. 2. 3. · #firstjobs. 6 4th quarter 2015 nebraska hospitality...

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Frequently Asked Questions about Music Licensing and if your Restaurant qualifies for an exemption.

N E W SA Publication by the Nebraska Restaurant Association

Page 6

4th Quarter 2015

Central Nebraska ChapterOur plan to establish a chapter of the Nebraska Restaurant Association is proceeding well. We have completed four meetings of the steering committee and agreed on the necessary modifications to the bylaws and a memorandum of understanding between the Nebraska Restaurant Association and the Central Nebraska Chapter. We will present these recommendations for approval at our board meeting in October and, with board approval, proceed with the election of the chapter president. The chapter president will be installed at our annual meeting, serving the dual roles of chapter president and will serve on the board of the Nebraska Restaurant Association.

We expect that the chapter, with state association support, will enhance our effectiveness in:

• Local representation and advocacy

• Cooperative training/education opportunities

• Promoting member restaurants• Coordinating community support

activities

Nebraska Food Code ReviewThe Nebraska Food Industry Review Board has completed review of the 2013 FDA Food Code and agreed on the sections to be included in

the Nebraska Food Safety Act. The Nebraska Department of Agriculture is drafting legislation to implement the changes and it will be on the agenda for committee approval and enactment in the 2016 Session of the Unicameral. When the draft bill is available there will be an opportunity for further review before we testify on our position at the committee hearing.

United Health CareThe National Restaurant Association Employer Benefits marketplace at: restauranthealthcare.org lists a variety of health care products offered by United Health Care that are designed for restaurants. Please take a few minutes to log on this site to see what’s available and work with your existing broker to compare and review options.

Credit Cards/EMV ComplianceIn October 2015 restaurants will be presented with credit cards complying with new Europay, Master Card and Visa (EMV) standards including a shift from magnetic stripe credit cards to chip and pin cards. Compliance with these standards is not mandatory for restaurants but merchants who don’t meet compliance may be liable for fraudulent purchases they accept. Larissa Codr’s article later in this issue covers the changes in detail and we recommend it for your review.

Jim PartingtonExecutive Director

Establishing chapters in selected regions of Greater Nebraska.

Executive directors report

www.nebraska-dining.org NEBRASKA HOSPITALITY NEWS 4th Quarter 2015 3

New Century AgencyBusiness InsuranceContact: George & Arlene Thietje888.424.3800New Century Agency was founded in 1993 by George & Arlene Thietje. New Century specializes in restaurant insurance and currently writes over 500 restaurants throughout the Midwest.

FishbowlE-Marketing SolutionsContact: Sean Dunn703.836.3421 x 369Fishbowl has proven that targeted email marketing will generate more sales and increase guest frequency. Through a partnership with the Nebraska Restaurant Association and the National Restaurant Association, Fishbowl provides savings to current members.

Jackson Lewis LLPLegal ServicesContact: Chad Richter402.391.1991Specializing in employment and labor laws, Jackson Lewis offers members a significant discount for legal services.

Heartland Payment SystemsCredit Card / Payroll ProcessingContact: Larissa Codr402.540.3185Heartland Payment Systems offers a full line of payment acceptance and payroll processing options designed specifically for association members. Local representation. Flexible, one-stop solution.

Nebraska.Statepaper.comOnline Dining Guide402.403.1176Nebraska.Statepaper.com is the premiere online dining guide of the Nebraska Restaurant Association. In addition to a free listing, members of the Nebraska Restaurant Association may receive additional discounts with enhanced listings and websites.

Broadcast Music Incorporated (BMI)Music LicensingContact: Jessica Frost615.401.2873Nebraska Restaurant Association members can save up to 20% thru BMI. BMI collects license fees on behalf of songwriters, composers and music publishers and distributes them as royalties to those members whose works have been performed.

NRA ENDORSED PROVIDERS

OfficersLINDA DENNIS, PresidentRunza Restaurants, [email protected]

NICOLE JESSE, 1st Vice PresidentLaCasa Pizzaria, [email protected]

ED SABATKA, 2nd Vice PresidentUncle Ed’s Steakhouse, Grand Island [email protected]

JAY JARVIS, Secretary-TreasurerLazlo, Inc., [email protected]

StaffJIM PARTINGTONExecutive [email protected]

BRANDY NIELSONMembership and Marketing Director [email protected]

RICH OTTO Advocacy & Membership [email protected]

CHIP [email protected]

JIM OTTO Government [email protected]

Hospitality Education Foundation (HEF)1610 South 70th Street, Suite 101Lincoln, NE 68506402.488.3999 Fax 402.488.4014

National Restaurant Association1200 17th Street, N.W.Washington, DC 20036800.424.5156Fax 202.331.2429www.restaurant.org

National Restaurant Association Educational Foundation312.715.1010Toll Free 800.765.2122

ProStart®, National ProStart Invitational®, and ServSafe® are registered trademarks of the National Restaurant Association Educational Foundation

The Nebraska Hospitality News

is published by the

Nebraska Restaurant Association

1610 South 70th Street, Suite 101

Lincoln, NE 68506

Phone 402.488.3999

Fax 402.488.4014

Toll free 800.770.8006

[email protected]

www.nebraska-dining.org

COVER11 Questions on Music Licensing

Reasonable care is taken to ensure that Nebraska Hospitality News articles and other information on the web site are up-to-date and accurate as possible, as of the time of publication, but no responsibility can be taken by Nebraska Hospitality News Magazine for any errors or omissions contained herein. Furthermore, responsibility for any losses, damages or distress resulting from adherence to any information made available through this website is not the responsibility of NRA. The opinions expressed are those of the authors and do not necessarily reflect the views of NRA.


Please – go ahead and brag about yourself - Restaurant Neighbor AwardWe know our great members are doing some amazing things out there in the community and we want to hear about it! We NEED to hear about it and you NEED to apply for the Restaurant Neighbor Award thru the National Restaurant Association. Go to www. NRAEF.org/Awards and submit an application. The application process takes less than 30 minutes of your time. The Nebraska Restaurant Association will get to award four state winners that will move on to compete for the National award and get the chance to win $5,000.00 to be given to your charity of choice. Deadline to apply is October 30th. Let’s make Nebraska stand out!

New face around the officeWe are pleased to introduce you to a very talented individual that was recently hired as an intern for the Nebraska Restaurant Association. Emily Dye has been a welcoming addition to our staff and has primarily been assisting us with communication efforts with new and existing members via phone calls, direct mail, and email. You WILL be hearing from her! Emily is a senior at the University of Nebraska majoring in Hospitality, Restaurant & Tourism Management with a minor in Leadership and Communication. If you would like to send her welcome email, she can be reached at [email protected]

ProStart expands to all 50 statesProStart – a career and technical education (CTE) program focused on teaching culinary arts and restaurant management fundamentals to secondary school students – will now be available throughout the United States. North Dakota marks the 50th state to offer the industry-derived, competency-based program for the 2015-2016 school year.

Available in nearly 1,700 high schools and career technical centers, ProStart reaches more than 118,000 students from a broad range of racial, ethnic and socioeconomic backgrounds. The program offers students a platform to discover and develop new interests and talents, and effectively teaches not only culinary and restaurant management techniques and theory, but also employability skills including teamwork, professional behavior, time management and communication that are hallmarks for achieving life-long career success.

Go to http://www.nebraska-dining.org/endorsed-providers/ to make sure you are utilizing all of the benefits that your NRA membership provides.

Membership and marketing update

Brandy NielsonMembership & Marketing Director

FROM THE MEMBERSHIP DIRECTOR

Thank you for your membership in the Nebraska Restaurant Association – It’s just good business!

Was your very first job in the hospitality industry? If so, we want to hear about it! Email Brandy at [email protected] and you may be featured in a future story.

· Your Name

· What was your first job?

· What year?

· What do you remember about your first hospitality job experience?

· What is your current job?

#FirstJobs

6 4th Quarter 2015 NEBRASKA HOSPITALITY NEWS www.nebraska-dining.org

Music is one of the most important elements in establishing the mood in your restaurant, but under law, you must make sure you have the necessary licensing to comply with copyright statutes before playing it. Performing rights organizations (“PROs”), such as BMI, ASCAP and SESAC, act as intermediaries between restaurants and songwriters to protect intellectual property and make licensing more cost-effective and convenient. Restaurants pay a fee to the PROs for a blanket license that grants permission to use all of the music each organization represents, and they, in turn, distribute the fees, less operating expenses, to their affiliated songwriters, publishers and composers as royalties.

Here are answers to frequently asked questions about music licensing:

Q. If I pay a licensing fee to BMI, do I have to pay one to ASCAP as well?A. It depends. If you know that all of the music you’re playing in your restaurant is under the copyright licensing of BMI, then the answer is “no.” However, if that music is licensed by either of the other two major licensing entities, ASCAP or SESAC, the answer is “yes.” If you aren’t certain about what music may be played, it’s safest to have licensing agreements with all three PROs – BMI, ASCAP and SESAC.

Q. What are the exemptions for radio and TV?A. Federal copyright law, Section 110 (5)(B), exempts restaurants that play music transmitted via radio, TV and cable and satellite sources if they don’t charge to hear the music. Music played by other means, such as live bands, CDs, etc., aren’t covered by the exemption.

The exemption applies to establishments smaller than 3,750 gross square feet in their premises. It also applies to those with 3,750 square feet or more of gross square footage if the operation has no more than four televisions. “Gross square footage” includes all interior and exterior space used to serve customers, including kitchen space, bathroom and storage space, but excludes the parking lot (unless used for something other than parking).

Q. If I offer only live music once a month, do I need to pay licensing fees?A. While the exemption in the statute doesn’t specifically address this question, the answer is likely “yes.” Generally, the exemption doesn’t apply to exclusions and situations not covered in the exclusionary language.

Q. I use Pandora for music. Do I have to pay a fee?A. Pandora’s “terms of use” specifically prohibit businesses from streaming music without setting up and complying with the terms of a paid DMX/Pandora business account. If a bar or restaurant has a business account with Pandora or SiriusXM and the music is used only for background, the establishment does not allow dancing to the music, or charge a cover fee to enter, then the provider of the music such as Pandora or SiriusXM, should be paying the public performance fees to BMI, ASCAP and SESAC. Should the business have any additional music, live bands, DJs, or Karaoke, they need to license with the PROs directly for those uses.

11 questions about music licensing

Any foodservice or drinking establishment that is 3,750 square feet or larger, must secure public performance rights for TV or radio if any of the following conditions apply:

For TV, if the business is using any of the following:

1. More than four TVs; or2. More than one TV in any one

room; or3. If any of the TVs used has a

diagonal screen size greater than 55 inches; or

4. If any audio portion of the audiovisual performance is communicated by means of more than six loudspeakers, or four loudspeakers in any one room or adjoining outdoor space; or

5. If there is any cover charge.

For radio, if the business is using any of the following:

1. More than six loudspeakers; or2. More than four loudspeakers

in any one room or adjoining outdoor space; or

3. If there is any cover charge; or 4. Music on hold.

Quick Facts:


Q. BMI is threatening to sue me. What can I do?A. If you’re playing licensable music, it’s a better business decision to license than not to. While some business owners may avoid paying licensing fees for a while, it can be much more expensive than the cost of a music license in the long run. Federal penalties for using music without permission, which are set forth by the judge presiding over the litigation and not the PRO, can be high, with each musical composition used without authorization entitling copyright owners to damages between $750 to $30,000, or more if the infringement is found to be willful.

Q. Do PROs share customer lists? If I pay one, will the others know and bill me?A. No. PROs, like most other businesses, do not share customer lists with each other. They do, however, contact thousands of businesses every day, so it’s likely they will contact you to license if you’re playing music.

Q. What size businesses are exempt from paying fees?A. The exemption applies only to radio and TV. All other music uses should be licensed despite the size of the establishment. For specific details on exemptions for radio and TV use only, see the second question above.

Q. My small restaurant with no seating has a television for employees only. Am I exempt?A. Licensing obligations apply only if the communication of the music is “intended to be received by the general public.”

If only your employees hear the music, the transmission isn’t intended to be heard by your customers or the “general public.” If customers can hear the music when they pick up their take-out orders, ASCAP, BMI and or SESAC could argue that the “general public” receives the transmission as well as staff and that licensing obligations apply.

In general however, if your restaurant is less than 3,750 square feet and you have only one TV with a screen size smaller than 55 inches, you’re probably exempt if you meet all other criteria. Please review the specific details on the radio and TV exemption above before deciding not to license.

Q. I don’t understand the rules about number of seats and exemptions.A. The square footage of an establishment and not the number of seats is what determines the radio and TV exemption under Section 110 (5)(B) of the federal Copyright Act. Total occupancy, however, may be a factor in determining the license fee for all other uses of music.

Q. If I use my own iPod and have paid to buy the music, do I need to pay licensing fees as well?A. Yes. Under the Copyright Act, exemptions apply only to radio and TV. Purchasing music allows you only to listen to it privately. Once you play music from your iPod or other device in a business, it’s a public performance and must be licensed.

Q. I play only a few albums from the 1950s. Do I still have to pay?A. Unless the music on the albums is in the public domain and not protected any longer by copyright law, you need a license. All three of the PROs have searchable online databases of the music they represent; it would be best to start there or contact them for assistance.

Contact your State Senator and express your opposition.

Legislative issues

Contact your senator or their staff and let them know how important these issues are to our industry.

Senator Ben Sasse Phone: 202-224-4224

Senator Deb Fischer:Lincoln: 402-441-4600Omaha: 402-391-3411

Make a Difference

Federal Legislative Issues

Affordable Care ActThe National Restaurant Association has worked with federal agencies to provide some flexibility for employers in ACA regulations and has had some success in temporarily delaying some mandates, but only Congress can make changes to the law. The Association has urged Congress to make changes in four key areas:• Bring the ACA’s definition of full-time

in line with typical workplace standards.• Simplify and streamline the employer

reporting requirements.• Raise the threshold that determines

which businesses are treated as “large” under the ACA.

• Eliminate the ACA’s auto-enroll mandate that requires some companies to automatically enroll full-time employees in a company health plan.

We were optimistic that there would be bipartisan support for these changes after the election. Unfortunately the lack of cooperation and dysfunctional political environment is still preventing enactment of any positive legislation on health care, immigration reform and other issues of interest to our members. Until our political leaders work through this I don’t expect these issues to be resolved. The Supreme Court reviewed the law and a majority voted that it complied with the Constitution, so it will not be subject to further judicial review. It’s up to Congress to cooperate and make the necessary changes.

Menu LabelingThe Food and Drug Administration has released final regulations on menu labeling. The regulations require chain restaurants with 20 or more locations to list the calorie content for items on menus and menu boards, including those at drive-thru restaurants. Other

nutritional information, such as fat, saturated fat, cholesterol, sodium, carbohydrates, fiber and protein, would have to be made available to customers, in writing, upon request. The FDA regulations establish a uniform standard for how chain restaurants make calorie and nutrition information available and supersede conflicting state and local menu-labeling rules. The original deadline for implementation was December 1, 2015 but concerns by industry have resulted in a one year delay implementing the regulations.

Fair Labor Standards Act (FLSA) regulations on overtimeRestaurateurs are voicing their concern over the Department of Labor’s (DOL) proposal that could cost jobs and decrease room for advancement in restaurants across the country. Here’s what you need to know. • The DOL issued a proposal that could

dramatically alter the white collar exemptions for overtime pay under the Fair Labor Standards Act that will greatly limit restaurant flexibility and unnecessarily increase costs for businesses across the country.

• In addition to proposing an unprecedented increase of over 100 percent to the minimum salary threshold (from $455 per week to $970), the DOL is considering adding a duties test that would limit restaurant manager’s ability to have the “hands on” approach needed to ensure operations run smoothly.

• Inform DOL and members of Congress of the negative impact the changes being considered would have on your restaurant and on managers that could lose incentive compensation opportunities, benefits, flexibility and the professional status that they highly value.


State Legislative Issues

The 2016 session of the Nebraska Unicameral will convene on January 6, 2016. It will be the second session in the two year cycle and a “short” session (60 legislative days). Here is a summary of some of the issues we worked on in previous sessions and will be working on in the upcoming session.

Increase Sales Tax Collection AllowanceOur number one priority for the 2016 session of the Nebraska Unicameral is to increase the amount Nebraska’s restaurants receive for collecting and remitting sales tax. Nebraska restaurants collect and remit sales tax and receive practically nothing for this service. The cost to restaurants is significant - especially on credit card sales. To understand how blatantly unfair the situation is, consider this: for every dollar of sales tax collected on a credit card sale, the restaurant only receives approximately 98 cents because of the credit card swipe fee. However, the restaurant still remits one dollar to the state. Depending on your taxable sales, it should mean hundreds - and could mean thousands - of dollars more to your bottom line. The bill was introduced in 2015 and can be acted on in 2016. We need you to call your state senator about this and with your support, we are optimistic about the possibility for success in the 2016 session.

Mandatory Training for Servers and Sellers of AlcoholWe did not face this issue this session but we continue to include it because it is an issue

that we will eventually have to address as it is directly related to “Dram Shop”. States that have “Dram Shop” laws in place hold sellers/servers of alcohol liable for damage, injury, or death as a result of selling or serving an intoxicated person. Nebraska is one of the few remaining “non-dram shop” states. There have been several attempts in past legislative sessions to make Nebraska a “dram shop” state. We have consistently and successfully opposed these past attempts. Short of proposing a dram shop bill, there have been efforts to push mandatory training for all servers and sellers of alcohol. While this would require more effort on the part of servers and sellers, it is much preferred over dram shop. We need to take advantage of the time when we are not directly facing legislation to craft a workable training plan that we could support.

Nebraska Paid Family Leave Program Under Consideration The Nebraska Legislature’s Business and Labor committee is studying the concept of a family paid leave program. In an interim study hearing requested by Senator Sue Crawford the committee heard suggestions of a Nebraska paid family leave program that would operate much like unemployment insurance. Workers would be required to pay into the program. Those collected funds then would provide at least partial pay when workers need to take leave to care for a family member or if the workers have health problems themselves.


There have been many articles published recently regarding a change in the way tips and gratuity are processed with the upcoming EMV liability shift. One leading misconception is that tips can’t be adjusted for an EMV transaction and that they must be done at the time of the EMV transaction. However, this notion is false. Not only can tips be adjusted, but restaurants with bar tabs can continue to support them after they’ve rolled out EMV. Card verification has four different methods with the implementation of EMV. Those four methods are: Chip and Pin (Online Pin), Chip and Signature (Offline Pin), Signature (same as today) and None. No signature required is still an acceptable method for transactions under $25 for low ticket, low risk environments.

Here’s the tip scoop: An EMV “chip and signature” transaction can be adjusted after the transaction, just like a restaurant does for a magnetic stripe transaction. EMV “chip and PIN” transactions can be adjusted after the sale, but it is recommended that the tip be entered at the time of customer PIN entry, saving time and streamlining the payment process. Heartland’s Spectrum terminal application supports tip adjustment for “chip and signature” Heartland has deployed tens of thousands of EMV-ready terminals and PIN pads—many of those installed in restaurants accepting EMV.

EMV and Bar Tabs: A staple in the restaurant industry, EMV also allows bar tabs. As per card brand rules (Visa, MasterCard, American Express and Discover), EMV bar tabs’ functionality should closely mirror the way magnetic stripe transactions work today. The Open Tab function consists of an EMV authorization for a specified amount and the Close Tab function consists of an adjustment of the settled amount. The settled amount can be up to 20 percent higher than the originally authorized amount. If greater than 20 percent, the original authorization must be voided and you will need to run another full EMV authorization for the final amount with the EMV card.

The straight scoop on EMV

Money on the table

Larissa Codr Division Manager Heartland Payment Systems For more information, contact Larissa Codr [email protected] 402-540-3185

Article by:

There is a reason that the National Restaurant Association and 46 state restaurant associations endorse Heartland as their preferred payments provider—we know restaurants. Heartland has the card processing solution that suits your restaurant-specific EMV needs.


Protecting your business from the inherent risks of serving alcohol is a high

priority. It requires both vigilance and thorough training of everyone involved.

That’s why the National Restaurant Association (NRA) engages a

variety of experts to continuously monitor all aspects of alcohol safety and

update our ServSafe Alcohol® training program, including our resources and

practices. Our practical, realistic lessons incorporate state-specific mandates

to ensure that your staff can effectively protect your customers as well as

your business.

Be safe with ServSafe.

Real World, State-Specific Training

Responsible Alcohol Service

“It’s easy to implement. It’s inexpensive. And it facilitates every need perfectly.”

Wade Chancellor Senior Director of

Training and Personal Development,

Hooters of America

Flexible

Training and testing is available online or on-site to accommodate your scheduling requirements.

Reliable

From neighborhood pubs to national chains, ServSafe programs provide expert training to help ensure your peace of mind.

Trusted

Built by the same creators as the highly regarded ServSafe food safety program, protecting you for nearly 40 years.

Responsible Alcohol Service

Goonie’s Kozy Keno Bar in Terrytown took home the top honor at this year’s Nebraska’s Best Burger contest hosted by the Nebraska Beef Council. The judging event, held at the Nebraska State Fair in Grand Island, featured the top five hamburgers in the state as nominated by the public during an online poll in August.

“We had a lot of fun with the contest this year,” said Adam Wegner, Director of Marketing for the Nebraska Beef Council. “The addition of the judging event at the Nebraska State Fair really added to the excitement of the contest and created a great way to provide some exposure for these restaurants and the quality hamburgers they serve every day. We congratulate Goonie’s on their win and thank all of the contestants for their dedication to serving high quality beef in Nebraska.”

The winning Goonie Burger featured an all-beef patty, grilled onions, cheese and a secret signature sauce made in-house by the owners Paul and Lisa Guhn. The contest runner-up award was presented to The Union Bar from Gering followed by a third place finish for Sozo American Cuisine in Kearney. The Cellar Bar & Grill in Kearney took home fourth place followed by Stella’s Bar & Grill in Bellevue.

During the judging event, each restaurant had the opportunity to prepare their signature hamburger for a panel of four judges. The hamburgers were judged on flavor, texture and proper cooking temperature. Other scoring categories included appearance and food safety.

Goonie’s was presented the 2015 Best Burger trophy and a cash prize of $1,000 for their first place finish. The other contestants also received cash prizes and recognition plaques for their accomplishments.

Visit www.nebeef.org for more information on the contest and the work of the Nebraska Beef Council.

Reserve Your TicketsTable of 10 $600.00 or $65.00 per person

Sponsorships still availableCall Brandy Nielson at 402-488-3999 ext. 2

The Nebraska Beef Council is a non-profit organization served by a nine-member board of directors. The volunteers oversee Nebraska’s beef checkoff and checkoff-funded programs. Programs for marketing and promotion are funded by the $1 beef checkoff.

Terrytown Restaurant Awarded Best Burger in Nebraska

Proud Member of

A Family Tradition Since 1921

rotellasbakery.com

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Calling all chefs! Are you looking for a new and unique way to

give back to the hospitality industry?

MEMBERS ONLY EDUCATIONAL SEMINAR! Understanding Proposed Changes to “White Collar” Overtime Exemptions and other Employee Labor Law Issues

Presented by: Jackson Lewis, LLC

Date: Wednesday, November 11th

Where: Runza Corporate Office

5931 S 58th St,

Lincoln, NE 68516

Time: 9:00AM – 11:00AMRegister today!

[email protected] ext. 2

Give your time and talent to help develop a high-quality labor pool for the future of your own business! The Nebraska ProStart Program is growing, adding new schools every year. Chef mentors are a critical part of the expending program as more students become interested in the hospitality industry. Being a mentor is easy and flexible. Mentors can design their own schedules and even choose the school where they would like to mentor.

Want to learn more about the ProStart Mentor Program or find a school near you? Contact Fayrene Hamouz [email protected] or (402) 472-1582


Legislative accomplishmentsMinimum Tip Wage:There was a significant effort to raise the minimum hourly tip wage. As introduced, LB494 would have increased it from $2.13 to $3.00 this year and provided for incremental increases of $.95 each succeeding year until it equaled 50% of the effective hourly minimum wage. This would have eventually increased the minimum tip wage to $4.50/hr. We worked hard in opposition. We informed decision makers over and over that tipped employees are some of the highest compensated employees and that no one makes less than the prevailing minimum wage. We were able to secure enough votes against it to defeat it in the first round of debate on the floor of the legislature. As a result, the minimum tip wage remains at $2.13 per hour in Nebraska.

Driver’s Licenses for Dreamers:Nebraska was the only remaining state that did not allow Drivers Licenses to Dreamers. The term “Dreamer” refers to children, who were brought to the United States illegally by their parents, grew up, went to school and established careers in the United States. It’s the only country they know. As a result of an executive order issued by President Obama, they have legal status under DACA* (Deferred Action for Childhood Arrivals). Ironically, some of these people are doctors, lawyers, or have served in the military but were not allowed to legally drive in Nebraska. The Nebraska Restaurant Association took a leadership role and was one of the first business associations to support LB623 changing this. The Nebraska Cattlemen and Nebraska Retail Federation were also early supporters. However, Governor Ricketts remained opposed and applied his veto pen to the bill. The legislature overrode the veto with 4 votes to spare over the necessary 30. As a result, Dreamers will be able to obtain drivers licenses in Nebraska. This is an important first step in comprehensive immigration reform.

When you ask Cathy Leak, Family and Consumer Sciences(FACS) instructor at Roncalli Catholic High School, what the notable moments in her career are, she’ll quickly name two things. First, her trip to Chicago in 2011 to receive the National Restaurant Association’s ProStart Educator Excellence Award for Nebraska.

“I was treated like royalty. Wined and Dined. Teachers just don’t get that. It was absolutely wonderful.”

Second? Winning back to back Nebraska ProStart competitions and getting the opportunity to represent the state in the National ProStart Invitational.

Cathy smiles, “I’d like to do that again!”So when Fayrene Hamouz, Hospitality Education Foundation Chair, offered a workshop on the ProStart management competition this summer, Cathy signed up. She contacted two of her ProStart students and the three spent two days visiting Lincoln’s restaurants and learning the ins and outs of management.

Roncalli Catholic has never participated in the management competition. “To me it was so overwhelming, and she (Fayrene) made it seem so simple,” Cathy continued, “The students loved it. They were treated like staff members – teachers.”

They’ll be putting that information to good use in the 2015 ProStart Competition – the 9th competition for Roncalli Catholic since Cathy implemented the program at the school in 2007.

Cathy’s had good success with ProStart. Among her former ProStart students is Chef Kimbler Harrold, the Chef de Cuisine at the Hilton Omaha’s Liberty Tavern. A certified culinarian of the American Culinary Federation (ACF), Chef Kimbler has held both Sous

Chef and Pastry Chef positions for the Westin, Double Tree, Magnolia and Sheraton. He continues to mentor the Roncalli Culinary Team.

Asked “Why ProStart?” Cathy said simply, “It sells my program.” It gives students a lot of confidence in themselves, good work experience, and knowledge to take on to the next level. We focus a lot on the career aspect of the program. But schools are dropping family and consumer science and it’s a life skill – whether you’re going into a technical education career or the hospitality industry or any other career. It’s a practical skill they’ll use all their lives. We’re losing that skill and it’s a skill people need to know.”

She hopes she was “somewhat instrumental” in a change to ProStart that eliminated the use of alcohol in dishes the students prepare. “The students can’t buy alcohol, so we can’t use it. But it does change the flavor of the dish, so we need to know how and what to substitute for alcohol in recipes that include it.”

Cathy says she has changed, too. “I don’t have the energy level I used to have. It takes a lot of time. We practice twice a week. We practice from 3:30 to 7:00 or so at night, Saturdays from 9 to 12. For me it’s even more. I have to go to the grocery store, clean up, and do laundry. There’s so much behind the scenes work.”

“Students can be picky and don’t want to try new foods. But they do. I am always surprised by the dishes that high school students come up with to present. And they are so nervous about competitions. But they really step up to the plate and do a phenomenal job. They continue to amaze me.”

That’s why the odds are good that Cathy will “get to do that again!”


Roncalli ProStart teacher shares success of program

Cathy Leak - Nebraska Prostart teaCher

roNCaLLi CathoLiC high sChooL

Roncalli Catholic High School4

2011 Swing with Pride Golf Open

Raises $40,000 for Roncalli Catholic

The 22nd Annual Swing with Pride, Leavitt Memorial Golf Open was held on August 8 and raised $40,000 to support scholarships and tuition grant programs for the students of Roncalli Catholic. The event was sponsored by Mutual of Omaha Bank and held at a new venue, The Player’s Club at Deer Creek.

Tommie Frazier, former Nebraska quarterback, and Johnny Rodgers, the 1972 Heisman Trophy winner from Nebraska, were among the golfers. Each signed footballs that were part of the silent auction at the event. Participants paid $125 each or $500 for foursomes. Raffle/mulligan tickets were sold for $5.00 each or 3 for $10.00 at a chance to win major prizes.

A social hour, silent auction, raffle giveaways and dinner program followed the golfing portion of the fundraiser. The Master of Ceremonies for the event was retired sports anchor, Dave Webber.

The 2011 Golf Committee included: Steve Andresen, Ed Burns, Aaron Coit, Jeff Dempsey, Kimberly Feldhaus, Steve Feldhaus, Joe Fitzpatrick, Matt Leavitt, Scott Logsdon, Dan Matuella, Todd Milbrandt, Al Schmid, Nick Schneider, Paula Vejvoda, John Vejvoda, Scott Wieczorek and Tom Worthington.

Save the date for next year’s event!

the23rdannualSwingwithPridememorialgolfopen

thePlayersclubatDeercreekmonday,august6,2012

Watch for more information.

roncallicatholic.org

Cathy Leak, Roncalli Catholic’s Foods and Nutrition and Culinary Arts teacher, was honored with the ProStart Educator Excellence Award for Nebraska for 2011. Presented May 21 in Chicago, the award recognizes Leak’s commitment to education in the restaurant and food service industry.

More specifically, Leak implemented the national ProStart program at Roncalli Catholic. ProStart is a culinary training program for high school students who intend to attend culinary school. As a two-year curriculum, participating students are exposed to management skills as well as culinary techniques, with a goal of teaching all facets of the restaurant industry.

This is not the first time Leak has been recognized for outstanding efforts. In fact, the culinary team that she leads for Roncalli Catholic has won the state ProStart competition and attended the national competition for the past two years.

All students are eligible for the Roncalli Catholic culinary teams and they include up to four students per team. Winning these competitions can result in scholarship money for the students at particular culinary schools.

Beth Haas, Program Director of the Hospitality

Education Foundation for Prostart (left),

poses with RCHS teacher Cathy Leak

following the award presentation.

Culinary Arts Teacher Cathy Leak Honored in Chicago, May 21

Did you know ... ?“Roncalli Catholic has seen an increase in enrollment. With 340+ students, our enrollment has reached its highest level in more than a decade. This fall, we welcomed students from more than 60 parishes and other private and public schools, and we continue to attract students from Bellevue to Bennington,

Florence to Elkhorn.”

— Jeff Dempsey, President RCHS —

This and that

New Century Agency is the endorsed Property & Casualty insurance agency for the Nebraska Restaurant Association and is here to help members understand and better control insurance costs.

Please call New Century Agency at 888-424-3800.

This no obligation service is part of our commitment to the Nebraska Restaurant Association.

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Cyber Liability Cyber liability insurance continues to be the hot button in the insurance industry. Notification costs, credit monitoring services and forensic analysis of data breaches can cost up to $201 per person not including the cost of negative publicity and lawsuits according to Irwin Siegel Agency. As of 8/25/2015 the Identity Theft Resource Center has tracked 519 cases of data breach accounting for 139,993,068 records. Apply the math, $201 x $139,993,068, amounts to $28 billion in mitigation costs.

What information do you need to protect in this new era of cyber liability? NIST (National Institute of Standards and Technology ) defines Personally Identifiable Information (PII) as “any information about an individual maintained by an agency, including (1) any information that can be used to distinguish or trace an individual‘s identity, such as name, social security number, date and place of birth, mother‘s maiden name, or biometric records (fingerprints, retina scans, etc.); and (2) any other information that is linked or linkable to an individual, such as medical, educational, financial, and employment information.” So, for example, a user’s IP address as used in a communication exchange is classed as PII regardless of whether it may or may not on its own be able to uniquely identify a person. Other sources identify items like usernames and passwords, driver’s license numbers and credit card numbers as particularly vulnerable pieces of information.

Facebook notified me this week that someone had attempted to sign into my Facebook page using a password they did not recognize. It was not me just forgetting my password. It makes you wonder, doesn’t it, what treachery was afoot?

Free PosterHave you posted the new Job Safety & Health “It’s the Law” poster in your business? It was released in April by OSHA. If not, get it free at https://www.osha.gov/Publications/osha3165.pdf

New Century Agency has continuity planning tools available that we would be glad to share with you free of charge as a member of the Nebraska Restaurant Association.


Handbook BasicsA carefully developed and customized employee handbook can be a valuable resource. If administered consistently, lawful and well-written handbook policies also can be an important piece of protection against discrimination claims.

Conversely, a poorly drafted or outdated employee handbook can be a liability. Lawsuits, agency claims, and poor public relations are examples of the consequences that can arise from outdated or unlawful handbook policies, or ones inconsistently administered by managers and supervisors.

Some handbook policies are essential, for example: an EEO statement or, for employers with at least 50 employees, a leave policy compliant with the federal FMLA. Other federal, state, and local laws, may be the subject of written policies best contained in an employee handbook.

Special Handbook Language ConsiderationsThe National Labor Relations Board has issued new guidance to assist employers in reviewing employee handbooks, to ensure compliance with the National Labor Relations Act. The NLRB has been policing handbooks that it believes “chill” the rights of nonunion employees to engage in protected, concerted activity.

The lawfulness of a particular policy will likely come down to its context. As general guidance, however, the NLRB has provided examples of lawful and unlawful handbook policies, including:

Unlawful: Do not discuss customer or employee information outside of work, including phone numbers and addresses.Lawful: Do not disclose confidential financial data, or other non-public proprietary company information. Do not share confidential information regarding business partners, vendors or customers.

Unlawful: Be respectful to the company, other employees, customers, partners, and competitors.Lawful: Employees will not be discourteous or disrespectful to a customer or any member of the public while in the course and scope of company business. Being insubordinate, threatening, intimidating, disrespectful, or assaulting a manager or supervisor, co-worker, customer, or vendor will result in discipline.

While identifying the difference between a lawful and unlawful handbook policy can be difficult, the NLRB’s guidance is intended to ensure employees are not restricted from discussing their terms and conditions of employment. Generally, employees may not be prevented from discussing their wages and benefits, or their criticisms of the employer’s labor policies and treatment of employees.

To ensure handbook contents meet the legal requirements in all jurisdictions where an organization has employees, a periodic and thorough review with counsel is a must. Revisions should be made where necessary and changes communicated throughout the organization.

Employee handbooks

Jackson Lewis attorneys are available to assist employers with immigration enforcement issues and other workplace requirements.

Need help with law related issues?

Chad RichterShareholderJackson Lewis PC Phone: 402-391-1991

Article by:

© 2015, Jackson Lewis LLP. This Update is provided for informational purposes only. It is not intended as legal advice nor does it create an attorney/client relationship between Jackson Lewis LLP and any readers or recipients. Readers should consult counsel of their own choosing to discuss how these matters relate to their individual circumstances. Reproduction in whole or in part is prohibited without the express written consent of Jackson Lewis LLP.


Kearney entrepreneur Harvey Henning is being remembered as a family-oriented businessman who transformed a small candy distribution company into the multistate powerhouse Cash-Wa Distributing.

“My dad was a likeable guy, a great mentor and probably one of the world’s greatest salesman,” said Henning’s eldest son Tom. Tom now is the president and CEO of Cash-Wa. “I had one of his friends tell me two weeks ago that there are two types of people - Those who like Harvey Henning and those who don’t know him.”

Henning spent his entire life in the Kearney area. He grew up on a farm near Haven’s Chapel, north of town, and graduated from Kearney High School in 1941.

He first experienced the distribution business as a teenaged, bicycle-riding delivery boy for Cash-Wa Candy Co. After serving in the U.S. Army Air Corps from 1943-1946, Henning returned to Kearney and eventually purchased the business in 1957.

Through a series of acquisitions and product-line expansions in the 1960s and ’70s, Henning grew Cash-Wa into a large business. When he bought the business, Cash-Wa had eight employees. Today it employs more than 500 people and delivers in 11 states.

After retiring in 1987 and passing the company reins to Tom, Henning would still go into the Cash-Wa offices nearly every day. “This allowed him to see his children and grandchildren who worked for the business”, Tom said.

Keeping the family in the food distribution business was a point of pride for Henning.

When not building his business, Henning enjoyed golfing, hunting and playing cards with friends. He also supported the community in various behind-the-scenes roles. Both Cash-Wa and the Henning family have been honored with several state and local awards. In 2010, Cash-Wa was recognized by the Nebraska Diplomats as industry of the year and at the Kearney Area Community Foundation’s Celebration of Giving awards banquet. The Harvey Henning family established a scholarship fund at the University of Nebraska at Kearney in 2012.

In addition to championing other businesses and civic ventures, such as the Viaero Event Center and The Archway, Henning also used his position to help other people.

“(I can remember) when the church would call saying they had someone looking for a job,” Tom said. “He would invite them down and tell me to hire them. He was compassionate about the welfare of mankind, that’s for sure.”

Cash-Wa’s Harvey Henning dies at 91

In Memory: Harvey Henning


Brian Pribnow, Bradley Janssen, Randy Stoppel, Nathan SovereignLand O’Lakes Dairy Pure Team

Brian Lockman, Shelly Reimer, Erik Linhardt, Anthony ZeltnerReinhart Foodservice Team

Tim Petersen, Red Meyer, Scott Ritter, Kim B. BrownSysco Lincoln Team

Jay Sterns, Dianne Sterns, Beth Otto, Jim Otto Nebraska Retail Federation Team

Nate Edie, Steve Bazis, Rich Otto, Jim Partington Nebraska Restaurant Association Team

Kirk Anderson, Wade Behlen, TC Laird, Alex Dunn Pepsi / Lazlo’s Team

Hospitality Education Foundation Summer Golf ChampionsThank you to our sponsors and golfers who made this a tremendous success!

CALENDAR OF EVENTSFind updates online at www.nebraska-dining.org

October 20-23Government Affairs Conference Las Vegas, Nevada

November 11 Jackson Lewis Seminar “Understanding Proposed Changes to ‘White Collar’ Overtime Exemptions”9:00-11:00 AMRunza Corporate Office 5931 S 58th StContact Brandy to register [email protected]

November 19 11th Annual LPS Culinary Conference 8:00-4:00 PMUNL East Campus Union, Great Plains Ballroom

November 26-27 Happy Thanksgiving! NRA Offices Closed

December 24-25Happy Holidays! NRA Offices Closed

January 13 Annual Meeting of the NRAGovernor’s Mansion, Lincoln FREE LUNCH and open to all NRA Members

Webinars are FREE for Members and offer information on a variety of topics. Visit http://www.restaurant.org/Events-Networking/Events/Webinars for more information on the webinars available.

TsysWendy Miller1601 Dodge Street 24th FloorOmaha, NE 68102(402) [email protected]

TSYS Merchant Solutions. Your Payments Partner. For more than 30 years, thousands of businesses have trusted TSYS Merchant Solutions to provide the payment options, support, and security they need to thrive. From our work with restaurant owners, we know the pain points you face every day. That’s why our goal is to handle payments securely and reliably, so you can do what you do best – run your business. To meet

our goal we offer a complete portfolio of restaurant POS solutions, from EMV® chip-ready POS terminals and basic payments processing to products that can help you lock down security and promote growth. And we have a number of pricing packages to simplify the entire process.

Let us offer you a free quote and discuss how we can help you and your business grow.

WELCOME NEW MEMBERS Find updates online at www.nebraska-dining.org

Skeeter Barnes - Columbus510 23rd St. E. Columbus, NE [email protected]

Skeeter Barnes – Kearney516 S. 2nd Ave. Kearney, NE [email protected]

OdysseyJamey Hamburger521 W. 2nd StreetHastings, NE [email protected] coming soon!

Bonefish Grill Bloomin’ Brands120 Regency Parkway, Suite 100Omaha, NE 68114

Carrabba’s Italian Grill Bloomin’ Brands14520 West Maple RoadOmaha, NE 68116

Fleming’sBloomin’ Brands140 Regency ParkwayOmaha, NE 68114

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PROPERTIESCHINA ROAD - FOR SALE4006 TWIN CREEK DRIVE, BELLEVUE, NE • Ideal restaurant building • 6,274 square feet • Huge dining room, lounge and outdoor

patio overlooking park • Large windows offering great views • 9/1,000 parking • Must-see restaurant location • Contact Cori or Cindi for a tour (info at right)

608 GALVIN ROAD - FOR SALEBELLEVUE, NE • Perfect drive-thru site with great visibility • 2,337 square feet • Join Baker’s, Shopko and Wendy’s at this

popular restaurant site • Great ingress/egress • Daily traffic counts of 25, 000+ cars passing

this site each day • Contact Cindi for a tour (info at right)

WESTPORT VILLAGE - FOR LEASE14444 F STREET, OMAHA, NE • End-cap with drive-thru available • 1,620 square feet • Join Cilantro’s, New Dawn Nutrition, Hinze

Chiropractic and More Sew For You • Great frontage on 144th with large LED sign

for tenants • Outstanding traffic counts • Contact Cindi or Chris for a tour (info at right)

For more information about these properties or other opportunities in the marketplace, please contact:

COLLIERS INTERNATIONAL • 6464 CENTER STREET, SUITE 200, OMAHA, NE • COLLIERS.COM/OMAHA • +1 402 345 5866

CINDI [email protected]

CHRIS [email protected]

CORI [email protected]

PROPERTIESCHINA ROAD - FOR SALE4006 TWIN CREEK DRIVE, BELLEVUE, NE • Ideal restaurant building • 6,274 square feet • Huge dining room, lounge and outdoor

patio overlooking park • Large windows offering great views • 9/1,000 parking • Must-see restaurant location • Contact Cori or Cindi for a tour (info at right)

608 GALVIN ROAD - FOR SALEBELLEVUE, NE • Perfect drive-thru site with great visibility • 2,337 square feet • Join Baker’s, Shopko and Wendy’s at this

popular restaurant site • Great ingress/egress • Daily traffic counts of 25, 000+ cars passing

this site each day • Contact Cindi for a tour (info at right)

WESTPORT VILLAGE - FOR LEASE14444 F STREET, OMAHA, NE • End-cap with drive-thru available • 1,620 square feet • Join Cilantro’s, New Dawn Nutrition, Hinze

Chiropractic and More Sew For You • Great frontage on 144th with large LED sign

for tenants • Outstanding traffic counts • Contact Cindi or Chris for a tour (info at right)

For more information about these properties or other opportunities in the marketplace, please contact:

COLLIERS INTERNATIONAL • 6464 CENTER STREET, SUITE 200, OMAHA, NE • COLLIERS.COM/OMAHA • +1 402 345 5866

CINDI [email protected]

CHRIS [email protected]

CORI [email protected]

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4th quarter 2015 hospitality · 2016. 2. 3. · #firstjobs. 6 4th quarter 2015 nebraska hospitality...

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