Vaccine

Four medical face masks on a blue background
by David Klemt David Klemt No Comments

Current Restaurant & Bar Restrictions: USA

Current Restaurant & Bar Restrictions: USA

by David Klemt

Four medical face masks on a blue background

According to reporting worldwide, the Omicron variant of Covid-19 is surging and accounting for the majority of new infections.

Scientists, medical professionals, and some lawmakers and politicians are expressing concern. This is due to Omicron apparently being much more transmissible in comparison to other variants.

So far, it appears the current administration isn’t suggesting lockdowns. The CDC isn’t recommending restaurants and bars close down.

And dozens of states are not—for now—imposing new restrictions on people and businesses. However, there are nearly 20 states that have restrictions in place for restaurants and bars currently.

Of course, this situation is fluid and subject to change on a whim. As of the date of publication for this article, this is the currents state of the USA.

No Restrictions

There are, so far, 31 states have no state-mandated restrictions in place:

  1. Alabama
  2. Alaska
  3. Arizona
  4. Arkansas
  5. Delaware
  6. Florida
  7. Georgia
  8. Idaho
  9. Indiana
  10. Iowa
  11. Kentucky
  12. Louisiana
  13. Maine
  14. Michigan
  15. Minnesota
  16. Mississippi
  17. Montana
  18. New Hampshire
  19. New Jersey
  20. North Dakota
  21. Oklahoma
  22. Pennsylvania (Note: Indoor diners must wear masks. Businesses can require proof of vaccination.)
  23. Rhode Island
  24. South Carolina
  25. South Dakota
  26. Tennessee
  27. Texas
  28. Utah
  29. Vermont
  30. West Virginia
  31. Wyoming

Your state may be on this list. If so, it’s still important to remain knowledgeable of current restrictions and guidelines in your area(s) of operation.

Restrictions

The following 19 states have restrictions in place. Most commonly, these are mask requirements for indoor diners.

  1. California: Indoor diners must show proof of vaccination in Los Angeles and San Francisco. Regardless of vaccine status, indoor diners must wear masks.
  2. Connecticut: Unvaccinated required to wear masks indoors.
  3. Colorado: All indoor diners must wear masks. In Boulder County, businesses can apply to receive an indoor mask exemption if they require proof of vaccination.
  4. Hawaii: All indoor diners must wear masks.
  5. Illinois: All indoor diners must wear masks.
  6. Kansas: Requirements vary by county for indoor dining, so check current local guidelines.
  7. Maryland: Requirements vary by county for indoor dining, so check current local guidelines.
  8. Massachusetts: In Boston, indoor diners must wear masks regardless of vaccination status.
  9. Missouri: Requirements vary by county for indoor dining, so check current local guidelines.
  10. Nebraska: Requirements vary by county for indoor dining, so check current local guidelines.
  11. Nevada: Requirements vary by county but for the most part, all indoor diners must wear masks.
  12. New Mexico: All indoor diners must wear masks.
  13. New York: Indoor diners must show proof of vaccination, and masks are required to dine indoors. Unvaccinated required to wear masks indoors.
  14. North Carolina: Requirements vary by county for indoor dining, so check current local guidelines.
  15. Ohio: Requirements vary by county for indoor dining, so check current local guidelines.
  16. Oregon: All indoor diners must wear masks. If physical distancing isn’t possible in outdoor areas, masks must be worn by outdoor guests as well.
  17. Virginia: All indoor diners must wear masks.
  18. Washington: All indoor diners must wear masks.
  19. Wisconsin: Requirements vary by county for indoor dining, so check current local guidelines.

So Far, No Lockdowns

Some restaurants and bars have closed temporarily. These decisions are fueled by myriad factors, including spikes in infections in their markets or staff testing positive for Covid. So far, many of these businesses plan to reopen a day or two before New Year’s Eve.

It may be difficult to be optimistic at the moment. However, more than 70 percent of Americans have received one dose of an approved vaccine. Over 60 percent have received two doses. And nearly 20 percent have received a booster.

While alarmed, reporting shows that scientists and medical professionals aren’t anticipating nationwide lockdowns.

Image: Tamanna Rumee on Unsplash

Vaccine passport on phone sitting on map and passport
by David Klemt David Klemt No Comments

Vax Passports? Here Come Vax Kiosks

Vaccine Passports? Here Come Vaccine Kiosks

by David Klemt

Vaccine passport on phone sitting on map and passport

Some airports and hotels are already leveraging kiosk technology to confirm a person’s vaccine status.

It’s only a matter of time before we see this technology expand to hospitality venues like restaurants, bars and nightclubs.

The question is, what will the confirmation process look like?

CLEAR Example

One of the simplest ways to imagine how these kiosks will work is via CLEAR.

The company uses a person’s unique biometrics to “transform your eyes and face into a touchless ID.” CLEAR can also use fingerprints.

Currently, you can find the service in more than 50 airports, stadiums and other locations. A person walks up to a CLEAR kiosk, it scans their eyes, face and/or fingerprints, and their identity is confirmed.

The company’s website shows a message explaining that CLEAR users can link their vaccine status to their account. At the moment, this appears to be one of the most seamless integrations in terms of tech and an individual’s identity.

One real-world example of how CLEAR works to prove vaccination status comes from the Las Vegas Raiders. To attend home games without wearing masks, people will have to download the free CLEAR mobile app. Using the Health Pass feature, they’ll be able to prove their vaccination status to go maskless at Allegiant Stadium.

Privacy Concerns

So, how else could these kiosks work? First, it’s incredibly unlikely that every major market will install such kiosks. The exception may be airports, of course.

However, some hotel and large restaurant groups may decide to use them, likely in cities like New York that already have vaccine passport apps.

In theory, using a platform like Google API, businesses could install kiosks that scan an app via QR code or other method to confirm a person’s vaccination status.

One glaring issue comes down to privacy.

Loyal CLEAR users trust the company or they wouldn’t use it. However, who would program apps that confirm vaccination status for kiosks? And who would own the data? How secure can that very personal data be?

Millions of people already believe being asked to wear a mask is an infringement on their freedoms. Millions also believe being asked to confirm their vaccination status is a violation of their privacy.

So, how will they respond to vaccine passports at hotels, restaurants, entertainment venues, stadiums, etc.? Whatever side of the debate you’re on, it’s clear that the divide between the vaccinated and unvaccinated is widening by the day.

As has been the case since 2020, lawmakers are punting on taking responsibility for how mandates and “recommendations” are enforced by businesses. As has been the case for well over a year, it’s the guest-facing workers who will bear the brunt of hostile encounters over mask and vaccine rules.

Image: Olya Kobruseva from Pexels

Times Square empty in New York City during Covid-19 pandemic
by David Klemt David Klemt No Comments

New York City Mandates Escalate

New York City Mandates Escalate

by David Klemt

Times Square empty in New York City during Covid-19 pandemic

Mandates requiring people to wear masks and maintain social distance indoors aren’t new.

However, a mandate requiring proof of vaccination status to dine and drink inside a restaurant or bar is a new development.

This week, Mayor Bill de Blasio is escalating Covid-19 mandates in New York City.

Restaurants and Gyms

To date, New York City is nearing a 70-percent full vaccination rate.

The latest pandemic mandate is likely intended to boost the city’s vaccination rate. Per reporting, the Delta variant of Covid-19 accounts for more than 70 percent of new cases in New York City.

Interestingly, the new mandate requires workers, not just customers, to prove their vaccination status. It also makes New York the first major city to implement such a requirement.

So far, the requirement pertains to indoor restaurants, bars, nightclubs, performances, and gyms.

Per Mayor de Blasio’s announcement, the vaccine mandate, referred to as “the Key to NYC Pass,” will begin with a transition period that starts August 16. Beginning September 13, full enforcement of the mandate via New York State’s Excelsior Pass app; the NYC COVID SAFE app; or paper vaccination card is expected.

Union Square

Predictably, the response to this mandate comes in three flavors: supportive, hostility, and apathetic.

So, those who support the requirement are applauding it, saying they’ll feel safer when dining out. Conversely, those who oppose the new mandate believe this is glaring government overreach and an infringement on their freedoms.

In a way, however, this mandate isn’t completely new. Some operators throughout the United States already require proof of vaccination to enter their venues.

Currently, several media outlets are focusing on Danny Meyer and his Union Square Hospitality Group.

Several days before Mayor de Blasio’s announcement, Meyer said guests who want to dine and drink in his NYC restaurants will need to prove vaccination status starting September 7.

Additionally, Meyer announced current and new employees would have to prove they’ve been vaccinated.

At the moment, it doesn’t appear Shake Shack, of which Meyer is founder and chairman, will follow suit.

Not the First

However, Meyer is not the first operator to implement and enforce strict Covid-19 protocols to protect their teams, guests and communities.

Perhaps some of the focus on Meyer is intended to draw eyes and ears, and ultimately encourage more people to get vaccinated fully. After all, celebrity chefs and operators have nationwide and global influence.

Cynically, however, it’s to not dismiss the focus on Meyer as a ploy for ratings, clicks, and engagement.

At any rate, many operators across the country require proof of vaccination to work and dine at their restaurants, bars, nightclubs, and hotels. And many were doing so before Meyer made his announcement.

One such chef-operator is Eric Rivera, who operates ADDO in Seattle. He has required proof of vaccination for employees and guests since May of this year.

In fact, Chef Rivera has been strict in his handling of Covid-19 health and safety measures since last year.

A visit to Chef Rivera’s website finds the following disclaimer, attributed to him:

“All of our experiences are for vaccinated guests only. That will remain permanent. If that’s a problem for you then there are plenty of restaurants that will reward you for doing nothing, this isn’t one of them.”

During an NPR interview, Chef Rivera explained his stance succinctly: “I don’t want to be somebody’s last meal. Whatever I’m doing food-wise and restaurant-wise isn’t worth that.”

He’s active on Twitter, where he makes his position and policies clear.

Takeaway

If you think I’m going to point out that New York City’s new mandate increases the likelihood of hostile confrontations with guests, you’re correct. I’ve said it before and I’ll say it again.

Also, if you’re guessing that I’m going to point out that guest-facing team members must receive support from leadership when policing guest behavior, you’re two for two.

However, policies like those put in place by Chef Rivera and others throughout the industry highlight something else: They’re showing the fallacy of the maxim “the customer is always right.”

Why should operators tolerate aggression toward their employees from disrespectful, angry customers—for any reason—if the employee is remaining professional and respectful?

It certainly seems that a growing number of operators are tired of capitulating to everyone who walks through their doors. The days of bowing to customers and failing to support and defend employees look to be ending.

Personally, I’m in favor of putting that outdated adage to rest. Continuing to reward guest behaviors we find objectionable—which has been the industry’s stance for decades—ultimately motivates good employees to quit. Again, this isn’t a pandemic-driven phenomenon—it has been going on for generations.

Of course, each operator must do what they think is best for their business. Just about every decision made in this industry is risky, but risk is something all operators understand inherently. Watching dollars walk out the doors never to return can be a frightening proposition. So is the prospect of losing good workers and incurring the associated costs.

The need to balance the comfort and safety of their team members and guests is paramount—an absence of either will shut a business down. Today, however, choosing guest dollars over employee dignity, safety and mental health is inexcusable and evidence of a problematic company culture.

If we’re truly in the midst of a Great Resignation, I can’t fault operators for deciding to keep their employees safe. Even if we weren’t facing a labor shortage, I’d support operators who support their workers.

Image: Paulo Silva on Unsplash

United States of America atlas roadmap with push pins
by David Klemt David Klemt No Comments

More States Issue Mask Mandates

More States Issue Mask Mandates

by David Klemt

United States of America atlas roadmap with push pins

Unsurprisingly, more states, counties and cities across the US and the country’s territories are issuing mask mandates.

In some cases, the mandates and guidance are coming down regardless of vaccination status.

Unfortunately, these actions are a response to reports of Covid-19 infection and hospitalization increases. The rise in cases and hospitalizations is due in large part to the highly transmissible Delta variant.

In fact, the Centers for Disease Control and Prevention (CDC) is once again changing course. Now, the CDC recommends that people in areas where Covid-19 infection rates are “substantial” or “high” wear masks inside indoor public places.

A map of these areas can be found on the CDC’s COVID Data Tracker page.

Local Defiance

Illustrating the divisive times in which Americans find themselves, some mandates are pitting local officials against their state counterparts.

For example, Florida. Per several outlets, Palm Beach County officials are ordering masks to be worn indoors by everyone irrespective of vaccination status. Of course, the mandate stands in direct defiance of Governor Ron DeSantis’ statewide ban of such an order.

No word yet on Gov. DeSantis suing the county over the order.

However, Missouri Attorney General Eric Schmitt is suing St. Louis County and city officials to stop their mask mandate. Currently, St. Louis requires masks be worn indoors and on public transportation.

Also, no word on whether these mandates will impact Canada’s plan to reopen the border for non-essential travel to vaccinated Americans.

Mandates: Vaccinated, Unvaccinated

Below, a list of the states and territories with mask mandates in some form (public transit, public places, state buildings, for example) in place.

The following orders pertain to everyone, vaccination or no vaccination.

  • California
  • New Hampshire
  • Hawaii
  • Illinois
  • Indiana
  • New Jersey
  • Kansas
  • Maryland
  • Massachusetts
  • New Mexico
  • Mississippi
  • Montana
  • Nevada
  • New York
  • North Carolina
  • North Dakota
  • Ohio
  • Oregon
  • Puerto Rico
  • Virginia
  • New York

As always, check with your local, county and state authorities for full details.

Mandates: Unvaccinated

Here, a list of the states and territories with requirements in place only for those who are unvaccinated.

  • Colorado
  • Connecticut
  • Delaware
  • Kentucky
  • Michigan
  • Pennsylvania
  • Rhode Island
  • Vermont
  • Washington
  • Washington, DC

Again, residents should check with state, county and local authorities for requirements and guidance.

Operator Concerns

Once more, owners and operators find themselves having to police guest behavior and compliance regarding Covid-19 mandates and recommendations.

And once again, it’s the guest-facing team members who will be thrust into any confrontations with hostile customers.

While not a silver bullet by any means, operators should communicate their intent to comply with mandates. Social media posts, emails and phone conversations should make requirements and expectations clear.

Additionally, operators and managers need to stay on top of employee concerns and comfort levels. Leadership must also make it clear, with actions and not just words, that their teams will be supported when engaging with guests.

The industry is in a very tenuous place and has been for many months. Workers are leaving and not coming back. Perhaps it’s time—respectfully and professionally—to set aside the maxim that “the customer is always right” and err on the side of employees.

Image: Morgan Lane on Unsplash

Canadian airplane with maple leaf on tail
by David Klemt David Klemt No Comments

Canada to Reopen Border

Canada to Reopen Border

by David Klemt

Canadian airplane with maple leaf on tail

In a move months in the making, Canadian Prime Minister Justin Trudeau is opening the border to Americans.

Remarkably, this loosening of Canada-America border restrictions doesn’t pertain solely to essential travel.

Rather, the border will open on August 9 for non-essential travel to American travelers (and permanent residents) who can prove their vaccine status.

Great News

Obviously, this is fantastic news for Canadian hospitality operators (and other business owners, of course).

Really, it’s great news for all Canadians and Americans: people can finally visit family and friends, and the economy should see a boost.

This news comes on the heels of other positive developments for Canada, such as the country’s vaccination rate now surpassing that of America’s. There’s also the province of Ontario bringing back indoor dining.

According to media reports, Canadian officials are in communication with American President Joe Biden’s administration about opening the border the other way.

However, there is no information yet about when that will happen. When asked about Canada’s announcement regarding the border, White House press secretary Jen Paski said the following:

“Any decisions about reopening travel will be guided by our public health and medical experts. We take this incredibly seriously. We look and are guided by our own medical experts. I wouldn’t look at it through a reciprocal intention.”

Should all to plan, Canada will open the border to travelers from other countries on September 7.

The Details

Of course, Americans can’t just flash their passport and cross the border. People eager to enter to Canada need to plan ahead a few days.

This is due to the requirement that Americans—with few exceptions—need to submit travel information 72 hours before arriving at the border. For example, if an American would like to cross the border the day it reopens to them, August 9, they’ll need to begin the process no later than August 6.

So, those travelers will need to use the ArriveCAN website, iOS app, or Android app.

ArriveCAN users using the website will show Canadian border agents a printout. App users will show them their screen.

Also, travelers will need to complete a Covid-19 test within the same 72 hours and be asymptomatic upon arriving at the border.

To review eligibility requirements—including lists of eligible and ineligible vaccines—click here. Full details are here.

The Opportunity

Clearly, the plan to open the border to American travelers and Canadians who found themselves stuck in America due to the pandemic presents a terrific opportunity for business owners.

In particular, in terms of our industry, bar, restaurant and hotel operators must see this development as excellent news.

Family members and friends will be eager for long-overdue reunions. That means hotel stays and restaurant and bar visits. There are also opportunities that relate to weddings, such as rehearsal dinners.

Obviously, operators must prepare for an influx of guests. So, they need to schedule accordingly, prepare staff for possibly overwhelming amounts of traffic, and ensure precautions are in place that reassure team members their health and safety are being considered.

In terms of those who waiting for the “right time” to open their restaurant or bar, this news could be a signal that the hospitality industry is on its way toward recovery in Canada.

It’s crucial that operators and management balance guest and employee comfort levels. Doing so will aid in boosting traffic, increasing revenue, and recruiting, hiring, and employee retention efforts.

Image: John McArthur on Unsplash

Downtown Los Angeles, California
by David Klemt David Klemt No Comments

Mask Mandates, Recommendations Return

Mask Mandates, Recommendations Return

by David Klemt

Downtown Los Angeles, California

Pointing to vaccination hesitation, vaccination refusal, and rises in Covid-19 cases, some cities are mandating masks indoors.

Importantly, mandates and recommendations are coming down irrespective of vaccination status.

Of course, many people are unhappy about this news. Much of the backlash includes the claim that a return to masks proves vaccines don’t work.

However, others point to variants—in particular, Delta—spreading via the unvaccinated and unmasked.

Unfortunately, continuing divisiveness means hospitality and other frontline workers are again at risk for hostile confrontations.

Los Angeles County, California

If you’re an operator in Los Angeles County, masks indoors aren’t just a recommendation. An indoor mask mandate went into effect on Saturday, July 17.

Just a month prior, embattled Governor Gavin Newsom proudly announced California’s unrestricted reopening.

Now, the more cynical among us see Gov. Newsom’s June reopening as a bid to stave off recall efforts. However, recall ballots will go out to Californians next month.

Per reporting, California’s Covid-19 infection rate is close to tripling. Los Angeles County health officials say the indoor mask mandate comes out of an overabundance of caution.

On a different note, health officials expect the state’s vaccination rate to effectively combat a spike in infection rates. The current rate isn’t expected to match or surpass those of prior peaks in the state.

As far as mandate details, it’s quite simple: Masks are required for everyone indoors, regardless of their vaccination status.

According to reports, an additional ten California counties are recommending masks indoors. No word yet on if other counties—or the state as a whole—will announce mask mandates. Nor is there an end date for LA County’s current mandate.

Southern Nevada

While not a mandate, the Southern Nevada Health District is recommending people, regardless of vaccination status, wear masks indoors.

Unsurprisingly, Las Vegas is experiencing an influx of visitors. With vaccination rates on the decline and infection rates on the rise, health officials are concerned.

More than 2.9 million visitors flocked to Las Vegas in May. Clark County, Nevada, which includes Las Vegas, has a population of over two million.

Of course, it’s important to remember that, for now, wearing masks indoors is a recommendation. However, some resorts and casinos—Westgate and the Venetian among them—now require their employees to wear face masks.

So far, neither Las Vegas, Clark County or Nevada have implemented a mandate. Of course, that could change and a mandate may be in the wings.

Orange County, Florida

Much of the news of returning mask mandates and recommendations focuses on Los Angeles and Las Vegas.

In fact, some critics are attacking Nevada Governor Steve Sisolak, accusing him of blindly following Gov. Newsom.

Interestingly, though, is that a mayor in Florida is also recommending face masks.

Mayor Jerry Demings of Orange County recommends wearing masks indoors, vaccination status notwithstanding. The phrasing of the mayor’s announcement refers to the suggestion as an “official recommendation.” However, no mandate is in place currently.

Frontline Risks

Clearly, mask mandates and even recommendations are going to anger some of the population.

Unfortunately, hospitality workers (and those in other public-facing industries) are once again at risk of confrontations. Even without mandates, some businesses that choose to require masks experience hostility.

The last thing America needs is more divisiveness, anger, and potential for confrontations.

Millions of hospitality professionals have left the industry for good. One factor leading to those losses has been concern for safety due to people angry over mask and vaccine requirements.

Obviously, operators must do whatever’s in their power to ensure the safety of their team members and guests. Leadership must not only convey their support for their employees, they must stand behind that messaging with their actions.

In cities where masks mandates and recommendations return, operators need to focus on safety as much as employee retention. Indeed, the former aids the latter, which aids recruiting and hiring.

Image: Daniel Lee on Unsplash

Hand holding United States of America passport
by David Klemt David Klemt No Comments

Third-party Vaccine Passports on the Way

Third-party Vaccine Passports on the Way

by David Klemt

Hand holding United States of America passport

Operators will likely have to further wade into politics if so-called “vaccine passports” become standard.

If recent reporting is accurate, several platforms will bring vaccine passports to market.

The hospitality, lodging and travel industries have been thrust into politics since for several years now. Unfortunately, the pandemic has only made the situation more precarious.

Dangerous Waters

For many operators, navigating today’s politically-charged atmosphere is an unwelcome development.

It’s bad enough that hospitality, lodging and travel have been thrown into utter chaos for well over a year. America and Canada have lost tens of thousands of restaurants and bars. Operators able to survive have lost millions of workers.

Too many people have lost jobs, savings, homes, and any sense of stability in their lives. Mental health, as a result, is on the decline for many people.

Unfortunately, all of those awful things are being exacerbated by politics. In America in particular (if reports are accurate), politics have severely divided the country.

Covid-19 safety protocols were politicized immediately. Restaurant, bar, hotel and travel workers found themselves playing pandemic police, putting them in dangerous situations.

If vaccine passports become standard, operators will find themselves deeper in the political quagmire. Workers will likely face a greater risk for confrontations with hostile guests.

What’s a Vaccine Passport?

In short, a vaccine passport is a way for someone to prove they’ve received a Covid-19 vaccine.

Per recent reports, the Biden administration has said they have no plan to implement federal vaccine passports.

However, several states have already banned this form of proof of vaccination. These include: Alabama, Arizona, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Montana, North Dakota, South Carolina, South Dakota, Texas, Utah (but private companies can require workers to get vaccinated), and Wyoming.

So far, two states—Hawaii and New York—have implemented vaccine passports. As far as the other states, vaccine passports are not a requirement or haven’t been banned yet.

New York’s vaccine passport, Excelsior Pass, was developed by IBM. A vaccinated New York resident downloads the app, a business owner downloads the scanner app, and vaccination status can be confirmed. Similar apps are believed to be in the works.

Again, however, many states have banned these apps.

What Does this Mean for Businesses?

If vaccine passports are banned fully where an operator does business, the decision has been made for them.

However, some bans relate only to government entities—businesses can require proof of vaccination.

And if a state doesn’t prohibit vaccine passports at all? The situation can be even more challenging for operators.

Operators eager to protect their workers and guests from infection may welcome vaccine passports. Some operators may feel these passports are an invasion of privacy and reject them. Still others may view them as a potential source for harassment and discrimination.

Should an operator require vaccine passports, they should expect backlash that could directly impact business. Operators who prohibit the use the vaccine passports may be viewed as “irresponsible” and also face backlash

Once again, the pandemic has put operators in several industries in no-win situations. Operators should consider their vaccine passport plan and the messaging around it now.

Image: Levi Ventura on Unsplash

Red neon sign question mark
by krghospitality krghospitality No Comments

What in the CDC Guidance…?

What in the CDC Guidance…?

by David Klemt

Red neon sign question mark

The Centers for Disease Control and Prevention is once again offering Covid-19 guidance and this time it’s taking a sharp turn.

One big takeaway is that nobody was really expecting the agency’s abrupt and surprising advice.

Also, the CDC’s updates are confusing a lot of people. So much so, in fact, that the agency is “shaking up” communications personnel.

Changing Guidelines

Clearly, the CDC’s statements toward the end of last week are shocking. The agency caught states and businesses completely off guard.

Business owners, workers and the public are unsure how to interpret the CDC’s new advice. Unfortunately, that seems to indicate that perhaps the agency didn’t take the time to really dial in their message before addressing the nation.

We’ve dealt with constant shifts in guidance for more than a year now. There’s little wonder that so many Americans are experiencing Covid-19 fatigue and skepticism.

It’s fair to say that when the CDC announced updated guidelines last week, people threw their hands up in frustration.

Obviously, the messaging was haphazard since so many attempts at clarification have taken place over the course of just a few days.

So, what’s the agency saying now?

Vague at Best

Last Thursday, Dr. Rochelle Walensky, the current CDC director, said this:

“Anyone who is fully vaccinated can participate in indoor and outdoor activities, large or small, without wearing a mask or physical distancing. If you are fully vaccinated, you can start doing the things that you had stopped doing because of the pandemic.”

Which, okay—great. Seems like a simple bit of direction, right?

Obviously, no—not that simple. Yesterday, Dr. Walensky had to clarify the CDC’s newest guidance:

“This is not permission for widespread removal of masks. We were going to get to the point in the pandemic where the vaccinated could take off their masks.”

The Details, Kinda

In short, the new advice is aimed toward those who are fully vaccinated. To review, a person is considered to be fully vaccinated:

  • two weeks after receiving the second dose of a two-dose regimen (Pfizer, Moderna); or
  • two weeks after receiving a dose of a one-dose vaccine (Johnson & Johnson).

Last week, Dr. Walensky said that fully vaccinated people no longer needed to wear masks or practice social distancing outdoors or indoors. Of course, caveats followed immediately, leading many people to criticize the guidance as vague and, to put it bluntly, unhelpful.

The caveats? The fully vaccinated should still wear masks in crowded settings like airports, airplanes, buses and other public transportation, hospitals, homeless shelters. Also, they should continue following the guidance of their employers and local businesses.

Sifting Through the Confusion

In a nutshell, what the CDC is saying is that fully vaccinated people can return to a semblance of their normal pre-pandemic lives.

This is likely an attempt, however slap-dash or ham-fisted, to incentivize the unvaccinated to get their shots. It’s also probably another attempt at rebooting the economy.

One problem with this new guidance is that it’s vague. People still have questions, and the CDC appears to be fine with deferring to business owners. That means, once again, front-line workers have to police mask wearing and social distancing.

Our industry has been forced to shove staff into awkward and hostile situations and confrontations for over a year now. Shifting guidance and recommendations routinely give short shrift to this facet of working during the pandemic.

Another problem with the CDC’s latest guidance? We have no way of knowing who’s actually vaccinated. Because of this, many business owners are keeping mask and social distancing rules in place to protect their staff and guests. This is no doubt already leading to uncomfortable confrontations.

Staff who can’t get vaccinated for medical or religious reasons are also now being put at risk. Since we’re relying on the “honor system” regarding mask wearing and distancing, unvaccinated workers face greater risk of exposure from unvaccinated guests.

Lack of Industry-specific Guidance

We’re still learning about Covid-19. We’re still attempting to figure out best practices. And we’re still balancing the need to keep businesses open while protecting workers and the public.

But the CDC’s latest guidance isn’t helpful. Essentially, the agency is putting the onus of their recommendations on business owners and state and local policymakers. And, of course, the CDC hasn’t put forth specific guidance for restaurants, bars and other hospitality industry businesses.

The National Restaurant Association responded to the CDC’s update by saying that “restaurant operators have the option of determining how best to enforce the new guidance,” and that they wouldn’t be updating their own Covid-19 Operating Guidance just yet. Also, the NRA stated that operators would be wise to continue to work with state and local regulatory bodies to avoid falling afoul of any mandates.

Next Steps

Operators will now have to review their Covid-19 protocols, the guidance and rules in place in their local jurisdictions, and determine what’s required and what’s best for their staff. They should also consider doing the following:

  • Inform staff about mask, social distancing, and other Covid-19 protocols, whether they’re being kept in place, adjusted or rescinded.
  • Ask staff about their comfort levels in terms of serving guests who aren’t required to wear masks at all during their visits. It’s not just guest comfort that’s important.
  • Owners and managers need to let staff know they have their backs if they’ll be enforcing protocols.
  • Ownership and management must provethey’re backing up their teams. If operators think they’re facing labor challenges now, they’ll struggle even harder if they fail to back up workers who are tasked with informing guests that Covid protocols are in place.
  • Operators should make their protocols known—if they’re still in place—on social, their websites, via email, and in-person so there are no surprises when guests arrive.

Once again, business owners are left to deal with the aftermath of the CDC’s “recommendations.” Now more than ever, guest-facing staff need to be supported.

Image: Simone Secci on Unsplash

Covid-19 vaccine vials
by David Klemt David Klemt No Comments

Can You Fire Staff for Refusing Vaccine?

Can You Fire Staff for Refusing Vaccine?

by David Klemt

Covid-19 vaccine vials

Can an employer terminate a staff member’s employment for refusing the Covid-19 vaccine? Current court cases seek an answer to that question.

Conversely, there are bills up for consideration in some states that aim to ban vaccine mandates.

Therefore, the current answer to the question of whether employer vaccine mandates are legal isn’t clear, yet.

It’s also important to note that this question is up for legal examination in Canada and America.

Are Employers Really Mandating Vaccines?

Of course. Well, some are. And it’s bound to continue until the question has been tested in court.

Looking at Canada, Ontario’s Ministry of Labour says employers can, in fact, make vaccines mandatory. They can also (for now, at least) demand proof of vaccination from their employees. Failing to answer the question or lying about can result in an employee losing their job.

However, the ministry acknowledges that legal and ethical issues come hand in hand with blanket vaccination mandates.

In America, the issue is no less thorny, to put it mildly.

Per a survey by Arizona State University and the Rockefeller Foundation, almost 90 percent of employers in the USA (and UK) have plans to “encourage or require vaccination for employees.”

Encouraging, of course, stands in stark contrast to requiring in a legal, ethical and moral sense.

That same survey suggests that most US employers—two-thirds—plan to use vaccination incentives rather than mandates. However, 44 percent say they’ll implement mandates if incentives don’t work. Just one-third of survey respondents say they don’t intend to require vaccinations as a term of employment.

Legal Challenges

Vaccine requirements and credentials (“vaccine passports”) have been banned in Arizona, Florida, Idaho, Montana, Texas and South Dakota.

Bills have been introduced in at least half of American states that seek to “limit mandatory COVID-19 vaccines,” per the National Conference of State Legislatures.

Lawsuits have been filed by workers in various industries in several states, including New Mexico and California.

It’s likely just a matter of time until the Supreme Court of the United States is at least asked to settle the matter of vaccine mandates.

Currently, attorneys and agencies say that employers need to inform employees of the consequences for refusing Covid-19 vaccination, including loss of employment; put a vaccination policy in place and communicate it with all employees; and include religious and medical exemptions.

That said, this matter is a long way from settled.

Could vs. Should

One thing is clear: It’s not clear yet whether employers can terminate employees for refusing vaccination. We can expect a flurry of lawsuits either way.

However, it’s important that operators realize this isn’t solely a legal question. This is in no small part a leadership question, and it’s a tough one.

As the saying goes, just because you can, doesn’t mean you should.

Operators must consider the ramifications of vaccine mandates. Moving forward, some guests may only support businesses that require vaccination for staff. Conversely, some guests may find such a requirement discriminatory and offensive, and they may boycott businesses with vaccine mandates.

It’s a difficult position for operators and staff. Our industry puts employees and the public in direct, close contact with each other. Team members are likewise in very close quarters. Close interactions for prolonged periods can spread any number of viruses, not just Covid-19.

The instinct to protect staff, their family and friends, and the public is common among operators. The past twelve-plus months have strengthened that resolve.

Incentivizing Instead

Requiring vaccination may exacerbate the current labor shortage.

Yes, there are some employees and potential new hires who will feel more comfortable knowing their coworkers have been vaccinated. However, there are also people who will refuse to work for an employer who requires vaccination. A mandate could damage recruiting severely as word gets around.

It’s reasonable to suggest that operators are best off implementing a vaccination incentive program rather than a mandate. Most people would likely agree that encouragement rather than requirement, at least regarding this topic, shows greater emotional intelligence, a cornerstone of leadership.

The CEO of the Cosmopolitan of Las Vegas reportedly hit their minimum goal of an 80-percent vaccination rate among staff last week. The resort’s incentive program offered bonus payments (among other incentives) for vaccinated employees set up in tiers:

  • 60 Percent Vaccination Rate: $50
  • 70 Percent Vaccination Rate: $100
  • 80 Percent Vaccination Rate: $250
  • 90 Percent Vaccination Rate: $350
  • 100 Percent Vaccination Rate: $500

That program helped the company hit their goal in just a few weeks. Operators can certainly use the Cosmo as a model for encouraging vaccinations instead of requiring them. Ultimately, the choice is up to the individual operator. It isn’t an easy one.

Disclaimer

This content is for informational purposes only, and should not be used as legal or other advice. This article does not constitute legal advice, nor does any information constitute a comprehensive or complete statement of the matters discussed or the law. This information is of a general nature and does not address the circumstances of a specific individual or entity. The reader of this information alone assumes the sole responsibility of evaluating the merits and risks associated with the use of any information before making any decisions based on such information.

Image: Braňo on Unsplash

Sunglasses and beer on table at a bar
by David Klemt David Klemt No Comments

Summer Stimmy, Hot Vax Summer

Summer Stimmy, Hot Vax Summer

by David Klemt

Sunglasses and beer on table at a bar

When considering event programming, operators should consider the zeitgeist of the current era in which we find ourselves.

Big brands monitor and leverage the cultural climate of a given time.

Operators can do the same, as long as they embrace authenticity, show a sense of humor, and avoid disrespect and appropriation.

Here are a couple examples operators can use for Summer 2021.

Summer Stimmy

Bud Light is tapping into America’s federal response to the pandemic—stimulus checks, to be exact—with creativity and a sense of humor.

Is it too soon? It doesn’t seem so—the levity is a welcome respite.

For all intents and purposes, it appears Bud Light is leaning heavier into the creative and promotional aspect than just humor.

Bud Light’s Summer Stimmy is a proposal to “make Summer 2021 even awesomer for people across America.”

The brand explains each “proposal” item as though they’re components of a bill up for consideration. For example, Part I, Section 1 of the Bud Light Summer Stimmy proposal carries the subtitle “Tons of Tix.” Bud Light proposes to give away 100,000 tickets for MLB, NBA, NFL, NHL, NWSL and WNBA events.

Part I, Section 2, More Awesomeness, proposes the nomination of Rob “Gronk” Gronkowski as Secretary of Summer. Additionally, the section proposes May 14 as National Gronk Day, his birthday.

Of course, Bud Light owns the term Summer Stimmy now. However, clever operators can get in on the fun (and profits) through their Bud Light rep. Or, they can get creative and come up with their own Summer 2021 promotions that leverage pent-up demand.

Hot Vax Summer

Even though it seems like forever ago, who can forget 2019 and Hot Girl Summer?

Megan Thee Stallion, one half of the infamous “WAP” duo, gets the credit for coining the phrase and creating the movement.

The “rules” for Hot Summer were simple: Women and men just needed to be “unapologetically them,” make having a good time a priority, and be free.

We all know what happened in 2020. There certainly wasn’t a Hot Girl Summer, Part Two.

Meeting new people, dating, hooking up… For the most part, none of that happened without Covid-19 tests and quarantining. That is, if those activities occurred at all.

But now we have multiple vaccines: Pfizer, Moderna, and Johnson & Johnson. AstraZeneca and Novavax have yet to be authorized by the FDA.

So, what are the Hot Vax Summer rules? Pretty simple: Get vaccinated (fully), get back out there to meet, interact and hook up.

And where do people tend to go to meet others? Restaurants, bars, nightclubs and dayclubs.

Whether to confidently and comfortably meet friends they haven’t seen for several months, make new friends, or kickstart dating, our businesses are where people want to be.

Operators need to ensure their venues are ready for the initial crush of guests clamoring to finally reclaim their social and romantic lives. So, prepare your outdoor areas; make sure indoor areas meet guest expectations for comfort so they can interact freely; and ensure your staff is ready for the welcome onslaught of eager guests.

Image: Photo by Drew Beamer on Unsplash

Top