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Hotel and Motel Employees that Qualify for 9079(1), Restaurants or Taverns

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Hotel and Motel Employees that Qualify for 9079(1), Restaurants or Taverns

April 1, 2015

Classifications 9050(1), Hotels, and 9050(2), Motels, include provisions to separately classify certain employees as 9079(1), Restaurants or Taverns. Both of these classifications specify all employees other than employees exclusively engaged in restaurant or tavern operations.

The WCIRB has received questions concerning the assignment of 9079(1) to hotel and motel employees that do not work in a separate restaurant, but prepare and serve food in connection with breakfast that is served exclusively to hotel and motel guests. In many cases, no separate fee is charged for breakfast. The hotel and motel classifications were amended in 2013 to clarify this issue. The following footnote appears under Classification 9050(1), Hotels; a similar footnote is included in Classification 9050(2), Motels.

The payroll of employees engaged exclusively in connection with restaurant or tavern operations shall be separately classified as 9079(1), Restaurants or Taverns. This includes employees who prepare and serve hot food in connection with complimentary breakfasts, work in food and beverage departments, and room service employees who deliver food or restock in-room refrigerators, provided such employees perform no hotel duties. Employees who perform both restaurant or tavern activities and hotel activities shall be assigned to Classification 9050(1).

The payroll of employees engaged exclusively in connection with restaurant or tavern operations shall be separately classified as 9079(1), Restaurants or Taverns. This includes employees who prepare and serve hot food in connection with complimentary breakfasts, work in food and beverage departments, and room service employees who deliver food or restock in-room refrigerators, provided such employees perform no hotel duties. Employees who perform both restaurant or tavern activities and hotel activities shall be assigned to Classification 9050(1).

The footnote clarifies that employees engaged exclusively in food and beverage services, including room service employees who deliver food or restock in-room refrigerators, qualify for 9079(1) provided such employees perform no hotel or motel duties. Please note that Classification 9079(1) applies to employees who prepare and serve complimentary breakfasts; that is, the existence of a restaurant that caters to paying guests is not a requirement to assign Classification 9079(1).

As this is a footnote directed classification assignment, it is not subject to the physical separation requirement of the Multiple Enterprises rule. However, the footnote provides that it is not permissible to divide an employee’s payroll between Classifications 9050(1)/9050(2) and 9079(1). Only employees engaged exclusively in food and beverage service operations can be assigned to 9079(1). For example, employees who are retained solely to set up, prepare and serve complimentary breakfast qualify for 9079(1). If, on the other hand, hotel front desk or housekeeping employees spend a portion of their time engaged in breakfast operations, the entire payroll of such employees must be classified as 9050(1).

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