NYSRA Announces Two New Programs Available to

A N e w Yo r k S t a t e R e s t a u r a n t A s s o c i a t i o n N e w s l e t t e r
w w w. ny s r a . o r g
volume 13, issue 3 • may - jun 2008
NYSRA Announces Two
New Programs Available to
Members
New Delta Dental Plan
.
Available with No Minimum
Participation Requirements
NYSRA is pleased to announce a new partnership with Delta Dental whereby you and
your employees can choose from a BASIC or
ENHANCED dental plan with NO minimum
participation requirements.
Delta Dental has thousands of dental offices
throughout the state and we are confident
that you will have no problem finding
a dental office in your area. Even if your
dentist does not participate, you can use
out-of-network services and use the plan. To
continued on page 13
MEET
The leader in email marketing
for the restaurant industry
Restaurants have the highest email
campaign open-rates among all industries.
“Email works, because it’s in sync with the
way today’s customers want to be engaged
by restaurants,” reports Scott Shaw, founder
and CEO of Fishbowl Marketing. Meet
Fishbowl, the leader in permission-based
email marketing solutions for the restaurant
industry, serving over 21,500 restaurant
locations nationwide.
continued on page 13
New York Team Takes Second Place in
National ProStart
Competition see page 5 for further details
Wage Supplements —
The Lowdown on What’s Up
with Benefits
LMC receives many inquiries from NYSRA
members as to whether fringe benefits/
wage supplements can be changed for their
present employees or when they hire new
employees.
All NYSRA members need to know perhaps
the only unbroken rule in Federal and
State labor standards laws is that you are
NOT required to give any employee any
benefits—or “Wage Supplements” in New
York State --whatsoever. That means you
are not required to give paid vacations or
holidays, paid sick or personal leave or even
reimbursement of some expenses. You are
also not required to provide or contribute
to an Employees’ Health Insurance or
Pension Plan, nor do you have to provide
disability pay. Workers Compensation and
Unemployment Insurance coverage are NOT
considered wage supplements or benefits
but in fact ARE required of every employer.
continued on page 10
the menu
Pg. 3 | From the Chairman
Pg. 6 | NYSRA Services
Pg. 18 | Welcome New Members
Pg. 4 | NYSRA Educational Foundation
Pg. 8 | Introducing “The Green Column”
Pg. 20 | Calendar
2
Want to Boost Your Restaurant
Business?
This is the place for you.
Advertising in the NYSRA News is an efficient way
of reaching 4,000 restaurateurs ready to buy your
product or service.
NYSRA Advertising Rate Sheet
General Information
The New York State Restaurant Association
newsletter, NYSRA News, is published 6 times a year
bi-monthly, during the months of July, September,
November, January, March and May. The publication
is mailed directly to 4,500 of New York’s leading
restaurateurs and related foodservice businesses.
Deadline for submission of ads
a)
Camera-ready ads: Requests to book space
must be received by the 10th day of the month
before publication (for example the January/
February issue deadline is December 10).
b) Material for an advertisement which we design
must be received by the 5th day of the month
before publication, either by mail or email.
(For example, the deadline for the December/
January issue is November 5.) Advertisements
that we design will be subject to an additional
$100 layout/design fee.
Camera-ready advertising
(specifications and rates)
Camera-ready advertising must:
be submitted in Adobe InDesign, Photoshop,
Illustrator or an Adobe pdf file,
minimum 300 dpi.
conform to size specifications detailed
below. Graphics may be included;
Size of
Ad
Dimensions
1/4 page
4” w x 5” h
4” w x 10” h vertical
1/2 page
or
8” w x 5” h
- horizontal
full page
8” x 10”
Rates
Per issue
Two
Three
Six Issues
Issues
Issues
Per Issue
Per Issue Per Issue
$150
$135
$125
$115
$300
$250
$200
$185
$600
$500
$400
$375
NYSRA Members receive a 10 percent discount on
advertising rates. Ad payments are due prior to
publication.
For more information contact: Steven Sullivan at
Power Communications - [email protected]
or call 518-587-5995.
NYSRA NEWS
NYSRA NEWS
Is published bi-monthly by the New York State Restaurant Association. Subscriptions are
$12 per year, included in member dues. First Class Postage is paid at Albany, NY.
Rick J. Sampson, Publisher
Steven C. Sullivan, Power Communications, Editor
New York State Association Officers
Brad Rosenstein, Chairman of the Board - Jack’s Oyster House
Jason Wallace, Vice-Chair - Art Institute of New York
Colleen O’Bryan Holmes, Treasurer - Wheatfields Restaurant, Saratoga Springs, NY,
JTs Shrimp Shack, Ballston Spa, NY
Please note that this information is provided to you for general informational purposes only, and should not be
relied upon for personal, medical, legal or financial decisions.
You should consult an appropriate and qualified professional for specific advice tailored to your particular
situation.
New York State Restaurant Association
409 New Karner Road
Albany, NY 12205
(518) 452-4222
NYSRA and its members are affiliated with the National Restaurant Association.
Visit
w w w. nys ra . o r g
for the latest news and information about NYSRA issues and events
CHAIRMAN’S CORNER
3
Dear Fellow NYSRA Members:
Finally, the grip of cold weather has been
broken and we suddenly find ourselves in New
York summer. With the season comes longer
evenings, hungry travelers and hopefully for
all NYSRA members, an increase in customer
traffic.
Highlighting this edition of NYSRA News, is a story about the
incredible second-place finish by the Southern Adirondack
Educational Center team at the National ProStart competition in
San Diego, California in April. As NYSRA Educational Foundation
Executive Director Harold Qualters says, we couldn’t be more proud
of these talented young culinarians. All NYSRA members can feel
good about the essential role played by our association in helping a
whole new generation advance our industry to new levels.
In a new feature for NYSRA News, Andrew Rigie of NYSRA’s New
York City office introduces the NYSRA News Green Column with
information and tips on how to implement environmentally
conscious practices. In this first edition we are pleased to host the
legendary businessman and restaurateur Ted Turner and George
McKerrow Jr. as guest columnists offering their perspective on how
restaurateurs can go green.
Also in this edition is a new column we call “Legal Bites” which
offers brief, digestible legal perspectives on how you can keep your
business running smoothly by staying away from legal troubles.
This first edition of the column covers the subject of trademarking
your business.
In a third new feature making its debut, throughout this edition you
will find quotes from NYSRA members about why they find NYSRA
so valuable in running their businesses.
And in the perennial favorite NYSRA Labor News, Ask the Pros
column, NYSRA’s labor consultant, LMC provides important
information about how to handle fringe benefits with your
business.
As usual, this edition also highlights many of the services offered
exclusively to NYSRA members.
I hope you enjoy this edition of NYSRA News and please let us know
if you have suggestions for how NYSRA can even better serve its
members.
Bon Appetit!
Brad Rosenstein
Chairman of the Board
may/jun 2008
4
only the freshest local ingredients, as well as some imported ingredients.
From The Desk of
Harold Qualters,
Even though I sometimes declare that “I hate my job,” I really do enjoy it. A
Director of the NYSRA
Educational Foundation:
hearts of gold. I am honored to be working alongside some of the best wait
,EARNq,EADq3UCCEED
Dear Friends,
The ProStart program offers much enrichment, one of
which is the essay contest. Each ProStart school can
enter two student essays. The rules are simple. Each
essay must contain 800 to 1000 words incorporating
their participation in the ProStart program, what they
like about the industry, a description of their paid
work experience in the industry and where they want to go in the
culinary field. We ask for creativity, good grammar, correct spelling
and the ability to adhere to our requirements.
There are ten winners with the first place winner receiving $300.00
down to the last five honorable mentions each receiving $50.00.
This year’s 1st place winner is Dan Martin from Chef Kevin Collins’
class in Questar III in Hudson. We are sharing, below, this future
hospitality professional’s winning essay with you.
job in the foodservice industry can take its toll on a person, but I don’t care.
My bosses, Mark Ganem and Adam Klersfeld, are a couple of great guys with
staff and kitchen staff in the area. I love my job because it’s so laid back;
my boss doesn’t mind allowing me to make mistakes that I can learn from.
When I applied last year to Vico, I had no idea what I was getting myself into,
needless to say, I soon found out by baptism by fire. I earned a lot that night
because I was there so late learning the ins and outs of Mark’s kitchen. Now,
I would consider myself the kitchen apprentice. I get paid just over minimum
wage, but the flexibility of the scheduling, and Mark and Adam’s genuine
concern for any matter relating to school really helps. They are two very
deserving gentlemen, and I hope their business flourishes. Essentially, Vico is
a large reason why I love the foodservice industry.
After the ProStart program, I want to go to Schenectady County Community
College. I want to go there for Culinary Arts, but I also want to get a degree
in hotel and restaurant management. I believe that this might aid me in my
dream of teaching at a BOCES. I will probably get a job as a manager or
a cook while I search for a teaching job at a BOCES. I want to either teach
Culinary Arts or Food and Nutrition. When news of this broke at Hudson
High School, my teachers couldn’t believe that I wanted to become a teacher.
Although they had trouble believing it, they truly support my decision and are
happy to see that I want to give something back to ProStart for all that they
have done for me. If it weren’t for ProStart, I would have dropped out of High
Warm Regards,
School, earned a GED and then joined the Marines. I am grateful to ProStart
and Questar III for bringing me so far; they turned me from a punk that was
.
Warm Regards,
about to make the biggest mistake of my life into one of the top students of
Questar III’s Culinary Arts program.
Dan Martin
ProStart | Culinary Arts | Questar III
ProStart’s Culinary Arts program has had a significant
influence on my life. It turned me from a loser that was
ready to drop out of high school into a knowledgeable
student of Questar III. Culinary Arts is a fun class;
the instructors are great and have helped me to gain a
thirst for knowledge that I have never had before. My
instructors and ProStart have helped to turn me from a simple IEP student
into a repository for culinary information. Four things that I have gained
from ProStart are leadership, problem solving skills, confidence, and a love of
learning.
My instructors, more specifically Chef Kevin Collins, Chef James Rhoads
Jr., and Marcy Mullen were there for me from the beginning. They were my
instructors and Knowledge Bowl coaches. My first year in Questar, I tried
out for the ProStart Hot Foods Team and was the last junior to be cut from
the team. Chef Rhoads told me that he thought that I would do well to try
out for the Knowledge Bowl team, which was under the direction of Marcy
Mullen, we started practicing. We made up flash cards, which were a pain,
but we did it. Then I studied the ProStart year two book, while one of my
two teammates studied the year one book. I think studying the year two book
is what really helped me the most because I memorized so many glossary
phrases, and read so many chapters that I just retained the knowledge for
fear of having to learn it all again and make more flash cards if I forgot it all.
During my experiences at Culinary Arts, the person that I owe the biggest
Culinary Arts is exciting to me; it is fun because of the amount of artistry
debt of gratitude to is Chef Collins. He gave me his confidence, even though
involved in every aspect of the foodservice industry. It is exciting because of
he knew that I was an IEP student from the beginning.
the satisfaction that I get out of helping customers and the fulfillment I get
from looking back on my past and seeing how far I have come since then. In
the past, I was a slacker, but when I realized how fun Culinary Arts was I
shaped up quickly. My love of food in conjunction with the comprehensibility
of the ProStart curriculum is what really hooked me.
I love being involved in a long day’s work at my job, Vico Restaurant. Vico is
a restaurant in downtown Hudson that specialized in Tuscan Cuisine, using
NYSRA NEWS
I owe many people a debt of gratitude, some are just ordinary people who
didn’t know that they were helping me; but the people that I owe the most to
are those who represent ProStart, and those who gave up their spare time for
me, my instructors.
Southern Adirondack Educational Center
Takes Home 2nd Place Honors at the
Seventh Annual National ProStart
Invitational™
5
New York students earn thousands in scholarships
to continue their education
The New York State
Restaurant Association
Educational Foundation
is proud to announce
that the students from
Southern Adirondack
Educational Center won
2nd Place in the management competition at
the 7th Annual National
ProStart Invitational, held April 24-26 in San Diego, Calif. The competition, presented
by National Restaurant Association Solutions, brought together the top ProStart®
students from 35 states, territories and districts to battle for medals, prizes and scholarships in both a culinary and management competition. As a result of their success, the
students were awarded several scholarships from participating colleges, the National
Restaurant Association Educational Foundation (NRAEF) and The Coca-Cola Company,
the competition’s Premier Sponsor.
2008 NYS ProStart Essay Contest
RESULTS
1st Place $300
Dan Martin
Questar III – Hudson
2nd Place $200
Brett Burkle
Sullivan County C & T Center - Liberty
3rd Place $100
Gabriella Couchman
Herkimer BOCES – Herkimer
4th Place $75
Zach Snyder
Questar III – Hudson
5th Place $75
Mandy Donaldson
F. Donald Myers Education Center – Saratoga Springs
Honorable Mention $50
Hartley Waller - F. Donald Meyers Ed Ctr-Saratoga Springs
Sara Tyson - Burton Ramer
Justin Ealy - We-Mo-Co
Jeremiah Madison - Sullivan Co. C&T
Chelsea Geyer - Putnam/N. Westchester BOCES
“These talented students rose to the top of the competition, and brought home the
honor of 2nd Place for the entire state,” said Executive Director, Harold Qualters. “Their
success is a testament of the hard work done by the students, teachers and mentors,
and we couldn’t be more proud of them. We are honored to support these students as
they embark on a career in this exciting industry, and anticipate great success for them.”
The Southern Adirondack Management team consisted of Jamie Norton, Greg Hutchison, Nick Greene, Breanna Donovan and Ryan Mercado. The team was taught by Chef
Charlie Jones. To conquer this event, teams demonstrated their knowledge of the
restaurant and foodservice industry by competing in a case study – where competitors were tested on their communication skills and ability to apply their knowledge of
the industry to practical situations – and in a question-and-answer “game show”- style
event.
The NYSRA Educational Foundation was also proud to send the winning state culinary team to the national competition as well. Participating students from the Capital
Region Career & Tech
Center were Katrina
Gannon, Aaron Glebitz, Matthew Hudson,
Kayla Williams and
Michael Cushman.
The team was taught
by Nancy Iannacone.
Team members prepared a three-course
meal in 60 minutes
using two burners.
The team finished in
8th place.
may/jun 2008
6
Update From
New York State Restaurant Services
We offer money savings programs to all members of the New York
State Restaurant Association. Below is a list of NEW YORK STATE
RESTAURANT ASSOCIATION’S ENDORSED PROGRAMS…
WORKERS’ COMPENSATION INSURANCE
Dividend program through NYSRA Safety Group underwritten by the State Insurance Fund
Most recent Dividend - 35% - Checks totaling $5.9 million sent to policyholders in April
NEW YORK STATE DISABILITY INSURANCE
Mandated off the job insurance offered through Zurich Insurance Company as low as $3.35
per employee. Same rate for male and female
CREDIT CARD PROCESSING
TakeCharge Program for members with processing through First Data – reduced or eliminated fees on your Visa and Mastercard….designed for restaurants by restaurants
RESTAURANT BUSINESS OWNERS INSURANCE
Customized insurance program through Great Central including business, automobile,
umbrella and employment practices liability coverage – what you need to protect your
business investment
HEALTH & DENTAL INSURANCE
Group rates with a cafeteria of insurance companies
LIFE INSURANCE
Term insurance coverage through U.S. Life Insurance Company
ENERGY PROGRAM
Competitive programs for electric and gas through EnergyNext.
Stuyvesant Energy and Strategic Energy for gas and electric (downstate)
NSI/Energetix and BlueRock Energy for gas and electric (upstate)
PAYROLL PROCESSING
15% discount to members offered through Paychex and CompuPay
FRAUD FIGHTER
Counterfeit detection scanner – special pricing for members
For more information contact:
NEW YORK STATE RESTAURANT SERVICES
1001 Avenue of the Americas, 3rd Floor, New York, New York 10018
(800) 442-5959.........(212) 398-9160.........FAX (212) 398-9650
NYSRA NEWS
7
FOR A COMPLETE LISTING OF ALL OUR PROGRAMS
PLEASE VISIT OUR WEBSITE:
www.nysrs.com
New York
State
Restaurant
Services
Restaurant Business Owners
Insurance
Energy Programs
Visa and Mastercard
Credit Card Processing
Payroll Processing
WE SERVE YOU!
COST-SAVING PROGRAMS
Partners in
Progress
and
Service.
Mandated Disability Insurance
One Rate for Male/Female
INSURANCE PROGRAMS
Workers’ Compensation
Dividend-Paying Safety Group
Security Feature Check
NEW YORK STATE
RESTAURANT SERVICES
1001 Avenue of the Americas
Third Floor
NY, NY 10018
1.800.442.5959
www.nysrs.com
may/jun 2008
8
How much
is my restaurant
worth?
Whether you are considering buying or selling a
restaurant, determining the fair market value is critical
to making the best deal possible. There are three
methods used to ascertain the value:
• The Gross Sale Approach
• Cost to Build Approach and
• The Sellers Discretionary Earnings Approach
Based on Houlihan Business Brokers (HBB) years of
experience and expertise representing buyers and sellers
of restaurants, food service businesses and commercial
real estate, we have created a 16 point guide:
Critical Criteria for Buying or Selling a Restaurant
This essential information can make a big difference in
your next purchase or sale of a restaurant or food
service business. Please contact Houlihan Business
Brokers at 914-961-4840 or log on to our website at
www.HoulihanBusinessBrokers.com to request this
valuable Critical Criteria Guide.
HBB conducts business in Manhattan, the Bronx,
Westchester, Rockland and Putnam counties.
The NYSRA News & Andrew Rigie
introduce the “Green Column”
As a membership representative of the New York
State Restaurant Association, I visit restaurants
and speak to chefs and restaurateurs on a daily
basis. Whether fine dining, casual dining or quick
service; sit down or take away; located in Brooklyn
or Buffalo; the trend of restaurants “Going Green”
is in-season. The food service industry has
spoken. Many chefs cook with antibiotic and
hormone free proteins and use organically grown
fruits and vegetables. Management uses energy efficient light
bulbs and renewable materials. Everyday the “Green Restaurant
Revolution” is gaining momentum.
To embrace this vital movement, the NYSRA News introduces
the “Green Column.” The mission of the Green Column is to
inform and educate NYSRA members on how to implement
environmentally conscious policies and practices in conjunction
with their food service operations. Additionally, this column
will profile chefs, restaurateurs and service/product providers
who are on the “cutting edge” of the environmentally conscious
movement.
On behalf of the New York State Restaurant Association, I believe
this column will be a valuable addition to the NYSRA News.
We hope you will all be revolutionaries in New York’s Green
Restaurant Revolution.
Sincerely,
Andrew Rigie
Houlihan Business Brokers are specialist in selling
restaurants and are “With You Every Step of the Way”.
Call for Your Free Guide: Critical Criteria
for Buying or Selling a Restaurant
914-961-4840
What’s the Best Thing About
NYSRA Membership?
“I save approximately $12,000 a year by
taking advantage of money saving programs
and through networking with fellow industry professionals.”
Houlihan Business Brokers
Brokers & Restaurant Consultant
914-961-4840 • www.HoulihanBusinessBrokers.com
NYSRA NEWS
— Jeff Pensabene
Pensabene’s Park West Restaurant
9
On April 12, 2008 NYSRA hosted, “The Green Restaurant Revolution, a conversation with Ted Turner and George McKerrow Jr.” Mr.
Turner and Mr. McKerrow Jr. spoke to a large audience of industry
professionals about the greening of the food service industry and the
green techniques they use within their food service operations. Additionally, they have been kind enough to write a few words in NYSRA’s
Green Column.
do our part, in ways that make sense for our individual businesses.
The greening of the restaurant industry doesn’t have to be some
giant program — rather, it’s the hundreds if not thousands of small
steps we can each take every day to preserve the earth.
10 WAYS TO GO GREEN
What Restaurateurs Can Do
The Start of a ‘Green’ Restaurant
Revolution
1.
By: Ted Turner and George McKerrow Jr.
2.
Install and maintain energy-efficient equipment.
3.
Replace standard light bulbs with compact fluorescent,
In April, we visited New York City to speak with New York State Restaurant Association members, other restaurateurs, business owners,
industry consultants and culinary leaders about the greening of the
restaurant industry. There was a great response, and it was inspiring to see how green conversations -- and actions -- are evolving
among us.
Today, practically every place you look, businesses are getting
greener. Is it just the “in thing” to do right now? Is it another fad?
Experts don’t think so. Today, being green is part of doing business.
Restaurants, all 1 million of us, represent a $500+ billion industry
with a staggering environmental footprint. We use one-third of all
energy consumed by retail businesses, and we’re five times more
energy-intensive than other retail businesses, including hotels. But
we are also the largest single-sector, private employer in the U.S.,
with 13 million people on our payrolls. If we can help influence the
mindsets and daily habits of just our team members alone, think of
the positive impact we could make.
When we created Ted’s Montana Grill, we envisioned an environmentally friendly restaurant company that did small things each
day to protect the planet. We didn’t do this as a marketing ploy,
or because we thought it would bring customers to our door. We
wanted to be green from the start because it was the right thing to
do.
Like many of you, we try to make the best business choices we can
for the environment, while operating in a fiscally responsible manner. Our menus are printed on recycled paper. Coke products come
in recyclable, 8-oz. bottles and we found to-go cups and cutlery
made from corn and potato starches. We helped bring back the
paper straw, thus eliminating all plastic straws from our restaurants.
In some of our restaurants, we’ve installed waterless urinals in men’s
restrooms, which save about 40,000 gallons of water per year per
urinal, and we also have water-efficient toilets. Last year, we replaced 55,000 light bulbs in the guest areas of our restaurants with
low-voltage, compact, fluorescent bulbs. It cost us about $60,000 to
do that, but we’ll save between $75,000 and $100,000 in electricity
in one year. These are just some of the things we do, but we all can
Recycle as much paper, glass, plastic, aluminum and
cardboard as possible.
linear fluorescent or LED lighting.
4.
Inspect kitchen and restroom faucets to repair leaks.
5.
Eliminate the use of all plastic straws. If you replace them,
replace with paper straws.
6.
Eliminate plastic water and soda bottles.
7.
Consider new options for takeout packaging, such as
cornstarch to-go cups, takeaway utensils made from
potato starch, and recyclable paperboard takeout
containers.
8.
Use all recycled paper in your restaurant.
9.
In kitchens and restrooms, install low-flow water valves
where possible
10. Use non-toxic cleaning and chemical products.
*The National Restaurant Association will launch its new
environmental initiative in May. Visit www.conserve.restaurant.org for
information and ideas when the site goes live on May 19.
What’s the Best Thing About
NYSRA Membership?
“Fellow members are a great source of operational expertise, professional development
and a door to opportunities.”
— Jeff Dodge, Frontier Field
may/jun 2008
10
labor news - continued from Page 1
The wage supplement law here is very clear. Section 198-c of the
New York State Labor Law provides that when an employer makes
an agreement with an employee for any type of fringe benefit
e.g. vacation, holiday, sick pay, medical coverage, personal leave,
etc., and the employer sets the conditions of the agreement,
the employee meets these conditions and is denied the benefit,
a wage supplement claim can be filed with the Department of
Labor. The important point to remember is that the EMPLOYER
SETS THE CONDITIONS.
Although labor standards laws do not require that you grant any
benefits, if benefits are given to some or all employees, many civil
rules of contract law apply.
If there is an agreement between the employer and an employee
or class of employees (e.g., for full-time workers only) that certain
benefits are given, that agreement must be made in writing.
The writing can be posted on a conveniently placed Employees
Notice Board or where your Labor Law posters are displayed, but
it can be in any other written form. Section 195.5 of the New York
State Labor Law provides that every employer shall notify their
employees in writing or by publicly posting the employer’s policy
on sick leave, vacation, personal leave, holidays and hours.
LMC recommends that every employer of more than twenty
employees fulfill this legal requirement by preparing an
Employees Manual to be given to all current and future
employees. An Employees Manual states all the Employer’s work
rules, from Hours of Work and Dress Code, if any, to Benefits.
Whether in a Manual or in some
other form of writing, all new
employees should also be told
orally, when hired, exactly what
benefits attach to the position they
are filling. That is just common
sense business practice. However,
legal requirements ensue when
employers undertake some change
in benefits.
In the event that the terms of any
benefit is being changed (e.g., that
employees shall, after the stated date, earn one Vacation Day for
every 6 weeks worked, rather than the former rule of one Vacation
Day for every month worked), that change must be notified to
employees, once again, in writing. If using an Employees Notice
Board or the like, a written announcement of the benefit rule
change, including its applicable starting date, must be posted
by the Employer prior to the date of the rule change. If using a
NYSRA NEWS
Manual, a flier stating Employers’ amendment to the particular
benefit as currently stated in that Manual must be distributed to
each employee, again prior to the date of the change of benefits.
Such a change in benefits cannot be made retroactive but must
take effect on the date the change is made and proceed forward.
Other general and labor-specific contract requirements and
restrictions also apply here. Employers may grant different
benefits to different classes of workers. As noted before, fulltime workers and part-time workers can be treated differentially.
Another example would be management workers and nonmanagement workers. Employers may treat these and other
bona fide classifications of workers differentially when granting
benefits. However, any grant of benefits or lack of benefits for a
certain class of workers cannot be based on discriminatory factors
such as age, sex, color, creed, national origin, etc.
This has two applications. Primarily it means that if a benefit is
provided to all those of one class—let’s say, the wait staff --or if
they are being granted to all classes—that is to every employee-the denial of that benefit to any wait staff person or to any
employee at all in the latter case, on any discriminatory ground
(as listed above, which are the major categories of discrimination)
is not permitted.
The other application of this rule is a bit more subtle, and in fact
is in a fast-changing area of discrimination law. Some denial
of benefits cases have been upheld on the grounds of claimed
discrimination when the benefits are in fact uniformly given
to any particular classification of worker. This can occur when
members of an entire worker classification are segregated due to
the Employers’ discriminatory conduct. For example, if a certain
benefit is applicable only to “front
of the house” staff and that staff
is all or overwhelmingly all white
and/or all male, while the “back of
the house” staff is comprised of all
people of color and/or all females,
that grant of benefit may be found
to be discriminatory. It is difficult for
workers to prove this type of claim
and each case rests upon its own
facts. However, best practice would
indicate that employers be sensitive
to this issue when designing their
grant of benefits.
If you would like additional information or further clarification
on this issue or any other Labor Law question, contact Labor &
Monitoring Consultants, llc (LMC) at our website;
www/lmc-llc.com, email us at: [email protected], or
telephone us at (917) 606-1051.
11
Own a piece of
Join the Growing
Quick Casual Bakery Category
• Sixteen Years of Time Tested Operations.
• Significant Lunch & Afternoon Day Part Sales...
much more than “great bagels and coffee.”
• Comprehensive Beverage Program
Including Artisan Roasted Drip Coffee,
Espresso & Frozen Drinks.
• New 2300-2700 sq ft Prototype.
• Single and Multi-Unit Protected
Development Territories Available.
Don’t miss this opportunity!
Contact us today at:
ManhattanBagel.com
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may/jun 2008
12
ATTENTION: Bar/Restaurant Owners, General Managers
anagers and Marketing Direct
Directors
TasteSpace.com is New York’s favorite Online Restaurant Guide.
Create your FREE promotional TasteSpace Venue Profile today!
Find thousands of users eager to learn more about your establishment’s
offerings. All you have to do is register at www.tastespace.com/owner.
* ADD MENUS
* UPLOAD PHOTOS
* PROMOTE EVENTS
* HIGHLIGHT DETAILS
* POST DEALS & DISCOUNTS
Recieve a free venue-specified url:
www.tastespace.com/VenueName
All the content you list on your Venue Profile will be automatically
Search Engine Optimized
Appear in relevant searches on Google, Yahoo!, MSN and AOL!
YOUR VENUE MAY ALREADY BE LISTED ON THE SITE
Register NOW to take control of your Venue Profile and market your business
to the TasteSpace Foodie Community!
The food and drink might be tasty, but the Internet is downright delicious
NYSRA NEWS
13
Meet FISHBOWL - continued from Page 1
Fishbowl has always focused on restaurants. Shaw, a former
restaurateur, founded Fishbowl in 2000 because he saw a need for
more flexible and affordable marketing options for restaurants.
As a result, he built Fishbowl from the ground up, designing
Fishbowl’s core email marketing platform specifically for the
restaurant industry. Shaw essentially combined the time-honored
glass fishbowl full of business cards with the power of direct mail
and traditional advertising into a more targeted, less expensive
and less time-consuming medium. And it worked! Email
marketing drives traffic into the restaurant, increasing sales and
building customer loyalty.
Buoyed by that success and armed with proven email expertise
and restaurant industry experience, Fishbowl created a turnkey
affordable email marketing solution, this time specifically
designed for independent restaurants and small chain operators.
Among its many features are:
All-inclusive sign-up supplies, data entry, hosting and
maintenance
Automated loyalty emails (welcome, birthday and member
anniversary
Unlimited email campaigns
Offer, restriction and menu wizard
Expansive restaurant-focused design and content library
This web-based solution puts the same marketing power in the
hands of the independents and small chain restaurants as only
the large chains previously enjoyed – and at a substantial savings.
Now these restaurants can keep their guests engaged with
seasonal menus, theme dinners, special offers, community events,
as well as celebrate their birthdays. It allows them to respond
quickly and inexpensively to new situations (snow storm closures,
a great price on fresh scallops), and ever-increasing competition.
Fishbowl has now partnered with the New York State Restaurant
Association and the National Restaurant Association (NRA) to
offer this already affordable email marketing solution at a special
discount for NYSRA members.
For more information on special pricing members, visit www.
fishbowllocal.com/nra or call 800-836-2818 x205.
Delta Dental - continued from Page 1
look up dentists in your area, go to www.deltadentalins.com.
The difference between the BASIC and ENHANCED plans are as
follows: The BASIC plan does NOT cover, crowns, inlays, onlays, cast
restorations, bridges and dentures. These are however, covered
under the ENHANCED plan. Both plans cover oral exams, cleaning,
x-rays, sealants, fillings, root canals, gum treatment and oral surgery.
Quarterly rates are as follows:
Basic
Enhanced
Single
$72.87
$106.68
Family
$170.97
$235.14
You can sign up for the Delta Dental plan at the beginning of any
month (starting July 1, 2008) as a long as we receive the paperwork
by the 20th of the month prior to the effective date. As a NYSRA
Member, you should recently have received a mailing with enrollment forms. If not, please contact Deborah Kelly, Group Benefits
Administrator at 1-800-442-5959.
What’s the Best Thing About
NYSRA Membership?
“NYSRA’s commitment to education is the
foundation of our industry’s future. We are
cultivating the leaders of tomorrow.”
— Colleen Holmes
Wheatfields Restaurant
What’s the Best Thing About
NYSRA Membership?
“NYSRA makes sure I receive pertinent information on issues and helps see these issues positively
resolved before they impact our industry.”
2008 International Restaurant &
Foodservice Show of New York
— Dan Garvey
The Roycroft Inn
may/jun 2008
14
Consistency, quality,
a steady source of supply.
That’s been the Torrey story
for 200 years.
The “Buy Local “movement
is all about being able to promise
your customers fresh, quality
products.
That’s also what the Pride
Program is about – and what the
Torrey family has been delivering
for over 200 years.
Now in their twelfth generation,
the Torreys are one of the leading
produce growers in the U.S. – and
a valued supplier for restaurants
across New York State.
The Torreys are also typical of
the kind of people behind the Pride
of New York label. Committed to
you. And here to stay.
Torrey Farms, Inc., Elba, NY
Find out how joining the Pride of
New York can help your restaurant.
Call 1-800-554-4501. And visit
prideofny.com.
Our Pride is Inside.
TM
Pride of New York Program
1-800-554-4501
www.prideofny.com
NYSRA NEWS
15
may/jun 2008
16
NEW MEMBER OF NYSRA?
Be sure to visit the NYSRA web site at www.nysra.org
for information such as
upcoming chapter activities,
latest legislative updates,
what’s new in member programs, and
past columns of “NYSRA Labor News: Ask the Pros”
in the NYSRA News archives.
Have suggestions on what you would like to see on
NYSRA’s web site? Contact Brenda Cira at
[email protected].
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AUTOMATIC BILL PAYMENT
Now it’s easier than ever
to continue supporting the
New York State Restaurant Association.
Dues are automatically paid annually…
No check to write, save on postage, and your
participation in NYSRA benefits
is not disrupted!
To enroll,
contact Dawn Torres
at 800-452-5212
NYSRA NEWS
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17
Legal Bites
Why Every
Restaurant Should
Protect One of
Its Most Valuable
Assets – Its Name
By Yuval H. Marcus
When you close your restaurant for the day do you leave
your doors unlocked and put a sign in the window that says
that you do not have an alarm system? Of course not. But
this is what you are doing when you do not seek and obtain
trademark protection for your restaurant’s most valuable asset
-- its name. An application for trademark registration with
the United States Patent and Trademark Office (PTO) acts as
an alarm system, notifying any restaurant seeking to use your
restaurant’s name (or a confusingly similar name) anywhere in
the United States that your restaurant has rights in that name.
By not filing for trademark protection, you are inviting other
restaurants to use your name in other areas.
A recent case involving seafood restaurants called “The
Boiling Crab” illustrates this point. In 2003, the first “The
Boiling Crab” restaurants were opened, but the owners did
not file any trademark applications for the name. In 2006,
another restaurant owner did a search of the PTO’s records for
trademark applications for “The Boiling Crab.” After learning
that no applications had been filed, he opened a competing
“The Boiling Crab” restaurant. The owners of the first “The
Boiling Crab” restaurants were ultimately able to cause the
competitor to change its name, but only after commencing a
lawsuit. If the owners had filed trademark applications when
they first opened for business, however, it is likely that they
would have been able to avoid the significant expense and
uncertainty of litigation, because the competitor probably
would not have adopted a name covered by a trademark
registration.
Mark you calendar for:
NYSRIPAC’s
11th Annual
Hospitality Cup
Golf Outing
September 29,
2008 at
Albany
Country Club
SPONSORSHIP OPPORTUNITIES
AVAILABLE
NEED……
SANITATION SERVICES?
GREASE TRAPS CLEANING?
EQUIPMENT REPAIRED or RENTAL?
UNIFORMS?
POS SYSTEM?
AIR CLEANERS/FILTERS?
Restaurateurs….
Whether it needs to be rolled up or turned and
burned, Marketplace will help you find it. Marketplace brings restaurateurs and vendors together to
create a comprehensive online resource that will
bring you what you need on the fly!
In addition to having a fully functioning alarm system, filing for
trademark protection is another important way to protect your
restaurant business.
Visit NYSRA’s “MARKETPLACE”
@ www.nysra.org
Yuval H. Marcus is an attorney at Gottlieb, Rackman & Reisman, a law firm
with offices in White Plains and Manhattan that specializes in all aspects of
intellectual property, namely, trademark, trade dress, patent and copyright
matters. Mr. Marcus has represented many clients in the restaurant
industry, including Ruby Tuesday, The Monkey Bar, Michael Jordan’s
Steakhouse and The Pump Energy Food, among others.
Tel.: (914) 220-8391; E-mail: [email protected]; Website: www.grr.com.
The New York State Restaurant Association (NYSRA) is providing the
enclosed materials for your information only. This is not an endorsement of
the products or services offered by any Allied Member, and NYSRA, is not
responsible for the illegality of or any error or inadequacy in Allied Members’
products or services or for the acts or omissions of any Allied Member.
may/jun 2008
18
$0
8&- .&
/FX.FNCFST
QUEENS CHAPTER
Donovans
Bayside NY
SOUTHERN TIER CHAPTER
Portabello’s
Fly Creek NY
WESTCHESTER/ROCKLAND CHAPTER
Casaletto
Chutney Masala Indian Bistro &
Domino’s Pizza
Elements
J.J. Mannion’s
Laguna
Pizza Station
Robeks Juice
Union Restaurant & Bar Latino
Elmsford NY
Irvington NY
Hartsdale NY
White Plains NY
Yonkers NY
White Plains NY
Chappaqua NY
New Rochelle NY
Haverstaw NY
WESTERN NEW YORK CHAPTER
15 Mile
Gate House Grill
Lock City Pizza
Pizza Oven
North Tonawanda NY
Williamsville NY
Lockport NY
Lockport NY
For Period 03/01/08 to 04/30/08
ADIRONDACK CHAPTER
19th Hole Restaurant
Papa’s on the Hudson
Prospect Mtn. Diner
Tupper Lake NY
Lake Luzerne NY
Lake George NY
BROOKLYN CHAPTER
Norwood Palace
Brooklyn NY
LONG ISLAND CHAPTER
Fatty Belt Buckles BBQ Pit, Inc.
Q Restaurant
Rocky Point NY
Quogue NY
NY NIGHTLIFE CHAPTER
Arena/Circle
Bowery Wine Company
New York NY
New York NY
NEW YORK CITY CHAPTER
100 Lafayette St. Ltd.
4Food, LLC.
Bar Milano
Bar Q
Beatrice Inn
Body Restaurant & Lounge
Bourbon Street Bar & Grill
Danku
Diverse GH, LLC.
Eastside Grill
Georgia’s Bake Shop
Horus Café
Horus Kabb House
Houston’s Restaurant
Jimmy’s No. 43
Label
Landmarc Catering
Margon Restaurant
Nanoosh
Planet Wings
Rouge Tomate
San Loco
Settebello LLC.
Shorty’s 32
Smith & Mills
Taboon Restaurant
The Honey Pot
Think Coffee
Think Coffee
WD-50
New York NY
Bronx NY
New York NY
New York NY
New York NY
New York NY
New York NY
New York NY
New York NY
Bronx NY
New York NY
New York NY
New York NY
Phoenix AZ
New York NY
New York NY
New York NY
New York NY
New York NY
Staten Island NY
New York NY
New York NY
New York NY
New York NY
New York NY
New York NY
New York NY
New York NY
New York NY
New York NY
NYSRA NEWS
New Associate Members
For Period 03/01/08 to 04/30/08
CENTRAL NEW YORK CHAPTER
Amazing Grace Super Naturals
Marcellus NY
LONG ISLAND CHAPTER
Architect’s Loft
Glen Head NY
NEW YORK CITY CHAPTER
Corrado’s Family Affair
DurAmerica Brokerage, Inc.
EveryScape
Evo Merchant Services
Guest Builders, Inc.
ICU Business Beverage Control
Labotario Marti
Mealtime Marketing
Monarch Seafood Inc.
Retail Automation Products
Seyfarth Shaw LLP.
Verterra
Clifton NJ
Astoria NY
Waltham MA
Brooklyn NY
Basking Ridge NJ
New York NY
New York NY
Monroe Twp. NJ
Jersey City NJ
New York NY
New York NY
Long Island City NY
ROCHESTER CHAPTER
Tarry Thompson Group, LLC.
Syracuse NY
WESTCHESTER/ROCKLAND CHAPTER
Gottlieb, Rackman & Reisman, PC
White Plains NY
Micros Systems, Inc.
Hartford CT
Rockland Bakery, Inc.
Nanuet NY
For information on membership benefits and services,
please contact —
Gretchen Fisher, Director of Membership,
at 800-595-9522 or [email protected]
Ad_NRA 8X5 Horz 032608.ai 3/26/2008 4:02:44 PM
19
TakeChargeSM Payment
Processing Program
Endorsed
Provider of
the NYSRA
The New York State Restaurant Association and the National Restaurant Association joined with
First Data, a leader in payment processing, to develop the TakeChargeSM payment program.
Features and benefits of the TakeCharge program include:
• Low rates available for all types of restaurants
• Credit, debit, gift card and check payment solutions
• State-of-the-art, secure, high-speed Internet Protocol and dial-up terminal solutions
• Dedicated customer service representatives available 24/7/365
Call 800-482-1703 today to learn how the TakeCharge program
could contribute to your success.
© 2008 First Data Corporation. All rights reserved. All trademarks, service marks and trade names referenced in this material are the property of their respective owners.
TakeCharge is a Servicemark of the National Restaurant Association.
may/jun 2008
New York State Restaurant Association
409 New Karner Road
Albany, NY 12205
Return Service Requested
JUNE 2008
JULY 2008
24-25
NYC Foodhandlers’ Certification Class (Spanish)
8:00 am - 4:00 pm
NYSRA - 1001 Avenue of the Americas
New York, NY 10018
16
NYC Health Department Exam
1:00 pm - 4:00 pm
Central Harlem Center (Basement Auditorium)
2238 5th Ave (Between 136-137 St)
New York, NY 10027
25
SPANISH - NYC Health Department Exam
9:00 am - 12:00 pm
Central Harlem Center (Basement Auditorium)
2238 5th Ave (Between 136-137 St)
New York, NY 10027
21-22
NYC Foodhandlers’ Certification Class (Spanish)
8:00 am - 4:00 pm
NYSRA - 1001 Avenue of the Americas
New York, NY 10018
29
SPANISH - NYC Health Department Exam
1:00 pm - 4:00 pm
Central Harlem Center (Basement Auditorium)
2238 5th Ave (Between 136-137 St)
New York, NY 10027
JULY 2008
10
NYC ServSafe Alcohol Class
9:00 am - 4:00 pm
1001 Avenue of the Americas, 3rd Floor
New York, NY 10018
14-15
NYC Foodhandlers’ Certificate Course
8:00 am - 4:00 pm
NYSRA - 1001 Avenue of the Americas, 3rd Floor
New York, NY 10018
14
ServSafe Food Handlers’ Class/Albany
8:00 am - 6:00 pm
NYSRA Corporate Offices
409 New Karner Rd., Suite 104
Albany, NY 12205
Prior Registration Required Contact: Heidi Schatzberg
Ph: 518-452-5522 or email - [email protected]
NYSRA NEWS
continued
AUGUST 2008
7
NYC ServSafe Alcohol Class
9:00 am - 4:00 pm
1001 Avenue of the Americas, 3rd Floor
New York, NY 10018
For more information on these meetings, please contact your regional office
or check out www.nysra.org.
Eastern 518-452-4222 or 800-452-5212
Western 585-586-1080 or 800-595-9522
Long Island 516-752-0707 or 800-303-1335
NYC 212-398-9160 or 800-442-5959