Restaurant Unstoppable with Eric Cacciatore

Find out more about Nathan Ares here. Key takeaways The latest on Phoenix and Tucson It's not about competition, it's about supporting the community/team members and getting through this. Collaborate with other business to put together Grocery bags Create TV dinners. The idea is not to be profitable, but to give an opportunity for cash flow for your employees. Slow the bleeding. Advice on how to talk to the landlord get an extension on paying your rent. Advice on how to talk to your employees; don't be negative How to speak to your community Nathan and his team are sharing recipes for the frozen vegetable they're guests are buying at the grocery store. Don' talk about it. Resources mentioned in this Chronicle: None

Find out more about Juliette Gust here. Key takeaways The similarities between 9/11 and COVID-19 Give staff the opportunity to work out their reduced schedule themselves If an employee is more in need of work, give him/her privilege Become aware now of opportunities for fraud and theft Be sensitive to employee needs in this particularly stressful time Be present, be aware of what's happening with all your staff You may be busy trying to save your business but you are also a leader; you must lead Resources mentioned in this Chronicle: Find the Ethics Suite hotline here.

Aaron Colby is a graduate of the University of Michigan and Southwestern University of Law. Today he's practicing law at Davis Wright Tremaine LLP where he represents employers in single-plaintiff, multi-plaintiff, and class action disputes involving allegations of wrongful termination, discrimination, retaliation, harassment, and wage and hour issues such as overtime, meal and rest breaks, and off-the-clock work. Aaron defends organizations on public accommodations claims under the Americans with Disabilities Act and California Unruh Act, and claims of defamation, trademark, and other business-related matters. Today we're going to cover the "Top 20 Employee Legal Hotspots" restaurant owners and operators struggle with when it comes to compliance. Show notes… Calls to ACTION!!! Subscribe to the Restaurant Unstoppable YouTube Channel Join the private Unstoppable Facebook Group Join the email list! (Scroll Down to get the Vendor List!) Favorite success quote or mantra: "Be direct and know your audience." In today's episode with Aaron Colby we will discuss: The 20 Employee Legal Hotspots Hiring Decisions and Process 1. Use of Staffing Agencies and Joint Employment Gig economy Hiring vs. contracting Unfair vs. against the law Document when an employee does something wrong so you can prove it later on 2. Independent Contractor (1099) v. Employee (W-2) Classification The difference between independent contractors and employees - defined by the law 3. Form I-9 Compliance You need to make sure someone is legally allowed to work in the United States Be vigilant Ask relevant questions - know what they are Get the I-9 BEFORE they start working 4. Hiring - Background Checks and Criminal History Inquiries Highly regulated 5. Employee Arbitration and Class Action Waiver Agreements Why do you need it? You can make it mandatory Is it a red flag if an employee doesn't want to sign it? Wage and Hour 6. Non-exempt (Hourly) v. Exempt (Salary) Employee Classifications Everyone is qualified for hourly but not salary Some salary workers still require over-time 7. Local Minimum Wage and Paid Sick Leave Regulations City, county, state laws all apply - NOT only state 8. Equal Pay Everyone deserves the same pay for the same job Some states don't allow employers to ask applicants past payment 9. Timekeeping for Non-Exempt Employees You MUST keep records for all work done No insurance for time-keeping in business Don't ignore it - address it 10. Travel time You MUST be paid for it Delivery functions 11. Meal and Rest Breaks You MUST provide the opportunity to all employees Police it vs. Provide it Not just IF you took a break but also when and for how long and was there an interruption? 12. Paystub and Payroll Practices Federal is baseline - states individually break it down more specifically Paystub requirements 13. Commission Agreements and Bonus Plans Overtime is much more complicated than "time and a half" Anything outside of hourly is complicated and must be understood 14. Expense Reimbursements No federal laws - all state-by-state Driving, getting, phones, insurance - if it's required for the job you must reimburse by state law 15. Uniforms and Tools If you require someone to wear something, you have to reimburse for it 16. and 17. Tips and Service Charges Voluntary You must categorize them Tips are state-by-state Tips belong to the employee not the business Service charge is demanded by the business Harassment and Conduct 18. Anti-Harassment Training and Policies Major differences from every other work environment Some states have harassment training requirements Leave of Absence 19. Leave of Absence Different in restaurant industry than all other industries You need to know what rights the employee has Get a doctor's note Termination Decisions 20. Termination Decisions All the categories where you're unable to fire someone EVERYONE can be protected by discrimination laws Separation agreements Have policies in place before firing someone for a made-up policy Today's sponsor: BentoBox empowers restaurants to own their presence, profits and relationships. The hospitality platform disrupts third-party services that come between the restaurant and the guest. BentoBox puts the restaurant first and offers tools that drive high-margin revenue directly through the restaurant's website. BentoBox is trusted and loved by over 5,000 restaurants worldwide including Union Square Hospitality Group, Eleven Madison Park, Gramercy Tavern, Lilia and more. Restaurant365 is a cloud-based, all-in-one, restaurant-specific accounting and back-office platform that seamlessly integrates with POS systems, payroll providers, food and beverage vendors. It generates accurate real-time reporting and analysis in user-friendly dashboards, facilitating immediate, data-driven decision making. Restaurant365 eliminates manual, error-prone processes and is designed to help restaurant businesses grow with functionality that helps optimize labor costs, reduce food costs and increase revenue. P&G ProfessionalTM offers innovative total foodservice solutions featuring trusted brands such as Dawn® Professional, Cascade® Professional, Spic and Span® and Comet®. We are unique in that our total solutions are founded in customer and patron understanding, superior products that help save time and cut overall costs, and a five-star service group that is compensated based on customer satisfaction, not commissions. Visit www.pgpro.com for the latest information about P&G Professional's solutions and services. Contact info: Aaron Colby @ Davis Wright Tremaine LLP website Thanks for listening! Thanks so much for joining today! Have some feedback you'd like to share? Leave a note in the comment section below! If you enjoyed this episode, please share it using the social media buttons you see at the top of the post. Also, please leave an honest review for the Restaurant Unstoppable Podcast on iTunes! Ratings and reviews are extremely helpful and greatly appreciated! They do matter in the rankings of the show, and I read each and every one of them. And finally, don't forget to subscribe to the show on iTunes to get automatic updates. Huge thanks to Aaron Colby for joining me for another awesome episode. Until next time! Restaurant Unstoppable is a free podcast. One of the ways I'm able to make it free is by earning a commission when sharing certain products with you. I've made it a core value to only share tools, resources, and services my guest mentors have recommend, first. If you're finding value in my podcast, please use my links!

Find out more about Doug Mullins here. Key takeaways Ouita Michel Restaurants operates 10 restaurants; 5 are currently closed - 150 employees are on leave The real issue is tipped employees They have set up a fund for tipped employees filled by donations from the community Taking this time to deep-clean the closed restaurants as if they are closing for a season; will be like new when reopened Donating food they cannot use to local food pantries Open restaurants are preparing free family meals for employees who cannot work Usually, these events cause us to want to be there for each other but in this case, that is the worst idea, what else can we do? One of the lessons: always have savings for situations like this Employees AND many restauranteurs are paycheck-to-paycheck, two bad weeks can bury us - why is that? What to do to generate cash flow for this specific situation Be flexible whether you're staff or an operator

Find out more about Eric Cacciatore here. Key takeaways Extend the runway, stop the money-loss Amend and revise your insurance plan Get in touch with your broker Have your broker work for you to get the best outcome Develop a new plan for the future Document EVERY loss during this time

Find out more about Aaron Colby here. Key takeaways Employee attorneys and what we need now What are restaurant lawyers dealing with now? The differences between laid-off, unpaid leave (furloughed), unemployment What is the WARN act? Restaurants want to retain their staff but these are hard decisions to make You can run into problems based on who you decide to furlough vs. lay off Reduced compensation - cannot go below the minimum wage Sick-leave due to COVID-19 Resources mentioned in this Chronicle: Learn about the WARN Act here

Find more about Paul Callahan here. Key takeaways Plan for worst-case scenario Coronavirus creating opportunity in the industry? Will it disrupt Paul's future opening of his farm How are farmers affected? How are farmers markets and pop ups affected?

Chronicle # 5: Curbside Pick-Up Best Practices/Talk to Your State Officials- Anna Tauzin- Texas Restaurant Association- Austin, TX Find more from Anna Tauzin Here Key takeaways If your business isn't already set up for delivery that ship may have sailed. Instead, focus on curbside pickup Curbside picks up best practices: Be sure to have enough paper products Plan for efficiency in your location Make sure you're giving accurate pick-up times Structure staffing for peak delivery times. Separate hot and cold food items when packages. Double Check orders Get specifics on make and model of car. Use SMS platforms to communicate with your guests. SlickText <-- Affiliate link Simple Texting Pro Texting <-- Affiliate link Third-party delivery promotions What to communicate to your start representatives Funds Tax deferrals Emergency eviction protection Rent mitigation

Maria Campbell Founder of Cooks who Care in Philadelphia, PA has put together a master document filled with resources to help you get through these hard times. It's call: Food industry Coronavirus Collaboration Resources. https://docs.google.com/document/d/1Ylmm7zTFJkqGfcZHDMOYvOxSgspSjDxF9UEJJMHHU9o/edit

Chronicle #3: Paul Tuennerman- New Orleans, LA Find out more about Paul Tunnerman here. Key takeaways We will get out of this better The Waren act and how it applies Business interruption insurance Survive to serve another day New Orleans has allowed only delivery and curbside pickup Everyone wants you to survive so reach out to banks and landlords to find out how they can help What opportunities exist because of this? Reach out to others in the industry Connect with Paul