Appealing Property Tax Assessments, Tip Credit Rule, IL Access to Justice

The Illinois Restaurant Association continues to engage with local, state, and federal officials to help our employers and employees address concerns about COVID-19.

Please see the below resources and information for your business - updated as of 5:55 p.m. on Friday, December 4.

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Federal Relief Update, New Call to Action Coming Monday

Next Monday, the IRA, in coordination with the National Restaurant Association, will be launching a new call to action campaign urging Congress to pass immediate relief legislation before the end of the year. Stay tuned for more information, and we appreciate your ongoing engagement.

Yesterday, the National Restaurant Association shared a 90 second video update to breakdown the latest developments in Washington and the new $908B bipartisan relief package announced this week. Click here to watch the update.

The National Restaurant Association has also circulated industry priorities for a second round of Paycheck Protection Program funding with Congressional leaders in Washington.

Current government funding ends Friday, December 11, and an informal deadline to reach a deal of Monday, December 14 as emerged. We will continue to push for the Senate version of the RESTAURANTS Act in addition to a "down-payment" this year - like another round of PPP funding. More updates to come on Monday.

Appealing Cook County Property Tax Assessments

Although property tax appeal deadlines through the Cook County Assessor's office have passed, many businesses in Cook County can still appeal their property tax assessments directly with the Cook County Board of Review.

Board of Review filing dates for Lyons, Orland, Cicero, Lake View, Main, and Schaumburg Townships end on December 15. Filing dates for North and South Chicago Townships have not yet been posted.

Applicants can file online, or hire an attorney to facilitate the process. Click here for a guide on how to appeal property tax assessments through the Board of Review.

Click here for a list of attorneys in the IRA Legal Network that can be of assistance.

Cook County Property Tax Bills Now Available

Next year’s First Installment Cook County property tax bills are available at cookcountytreasurer.com so that property owners can make payments before the end of this year or plan their finances for 2021. 

The First Installment Tax Year 2020, which is 55 percent of the previous year's total tax, is due March 2, 2021. However, the Cook County Board last week waived late charges through May 3, 2021.

Click here to read more.

Tip Credit Final Rule Pending White House Clearance

On Thanksgiving, the U.S. Department of Labor sent the tip credit final rule to the White House Office of Information and Regulatory Affairs (OIRA) for clearance. The final rule is expected in short order with an effective date in place before the Trump Administration leaves office. Whether the Congressional Review Act becomes a threat to the rule depends on the ultimate makeup of the Senate in 2021.

The National Restaurant Association and Restaurant Law Center submitted comments in support of the proposed rule on December 9, 2019, nearly a year ago. The rule would bring much-needed clarity for restaurants and workers, including allowing restaurants that do not take a tip credit to pool tips and share them with back-of-house employees. The proposed rule would not change the tip-pooling requirements for those restaurants that count tips as a part of wages.

Additionally, the final rule would codify the Bush-era interpretation of the 80/20 rule that governs how and when tips can be counted as part of an employee’s wages when doing side work, e.g., a server who folds napkins shortly before the start of his/her shift.

Specifically, the proposed rule reflects DOL’s informal guidance that an employer may take a tip credit for any amount of time an employee in a tipped occupation performs related non-tipped duties. For the employer to use the tip credit, the employee must perform non-tipped duties contemporaneous with, or within a reasonable time immediately before or after performing the tipped duties.

The Obama administration set rigid guidelines, and engaged in strict enforcement actions, on the 80/20 rule so that if a tipped employee performs more than 20% on side-work, the employer must pay the full minimum wage for any related side-work that exceeds 20% of the workday. The Obama 80/20 interpretation has been a compliance and administrative nightmare and has led to frivolous lawsuits and mass litigation.

Since the beginning of the Trump Administration, the Association has advocated aggressively for this regulatory relief; and the Restaurant Law Center, joined by the Texas Restaurant Association, sued the Department, forcing it to take a stand at which point it agreed to issue a clarification and new regulations in exchange for having the case dismissed.

Click here to read a copy of the 2019 filing and corresponding press release.

IRA Industry Awards Nominations Due Monday

Want to honor an IRA member that goes above and beyond for the community, their employees, and the industry? Nominate your peers for the 2020 IRA Industry Awards.

The Sara Rowe ProStart® Company of the Year, Vendor of the Year, and Restaurateur of the Year award winners will be announced at the IRA Annual Meeting held in early 2021.

Please take a moment to nominate your peers for these prestigious honors. Click here to submit nominations by Monday, December 7.

Sexual Harassment Prevention Training Required by December 31

Effective January 1, 2020, Illinois employers are required to provide annual sexual harassment prevention training to all employees. Compliance must be achieved by December 31 every year.

Restaurants and bars are also required to provide supplemental sexual harassment prevention training to all employees, regardless of employment classification.

What Restaurants and Bars Need to Know

• Businesses may use their own internal program if it meets mandated minimum training standards.

• Approved online training is also available at ServSafe.com.

• Free online training for restaurants and bars is also available in English on the Illinois Department of Human Rights (IDHR) website.

• Free online training for restaurants and bars in Spanish has not yet been made available by IDHR. We will share this information as soon as possible.

• In the meantime, operators can create a customized training in Spanish by having a staff member take the ServSafe online course, and then incorporating the missing content into the existing IDHR presentation.  

• Proof of training must be provided upon request from IDHR.

• Records should include the names of employees trained, the training date, sign-in sheets, copies of certificates of participation, and a copy of all written or recorded materials that comprise the training, as well as the name of the training provider, if applicable.

• Records may be paper-based, or electronic.

• In addition to the training requirement, employers must also establish a written sexual harassment prevention policy available in English and Spanish, and provide a copy to all employees within the first calendar week of employment.

• The policy may be included in the company handbook, or distributed as a separate document.

• Employees should acknowledge receipt of the policy with their signature.

• The IRA has developed a policy template which has been vetted by our attorneys, and is available to download in English and Spanish on our website.  

Click here to review the FAQ from IDHR. Contact IRA Director of Education Mary Wilkie with any questions.

On Demand - Navigating Real Estate Concerns and Solutions Webinar

Thank you to everyone that attended and our panelists from Taft Stettinius & Hollister LLP and Cornerstone Commercial Real Estate for joining yesterday's webinar offering assistance with understanding current real estate issues and navigating potential options and solutions.

This webinar was provided in partnership with Cook County Board President Toni Preckwinkle and the Cook County Community Recovery Initiative.

Click here to watch the webinar recording. Click here to download the presentation.

Services Available Through Illinois Access to Justice Program

Illinois Access to Justice seeks to provide legal representation, resources, and education for those in vulnerable communities dealing with the devastating consequences of incarceration and family separation. 

Click here to learn more and request assistance.