Labor Tips in Restaurant Startup and Growth

One magazine that restaurateurs should be reading is Restaurant Startup and Growth , it is targeted at independents, owner/operators, and small chains.   Their monthly articles focus on inventory, labor, restaurant tips, staffing questions, leasing, marketing, and other important topics for independent restaurants (though most of the advice is applicable to retailers that are in other industries as well).

This month, July 2009, there is an excellent article from Jim Laube, entitled “Fairy Tales! The Top 10 Myths of Restaurant Profitability“.   Two of these myths focus on labor, and labor costs, including Myth 5 and Myth 6.

Paying Higher Wages Increases Labor Costs: Myth 5

As Jim explains, every restaurant (or retail business) has its superstars.   An employee that can twice (or more) the amount of work as any other staff member.   A cook that can cook more than anyone else.   A busser who can keep the whole store clean without any help.   A cashier who can run two lines.   These employees are, to put it frankly, “busting it“, and should be paid more than someone who just does the “minimum“.

However, paying a superstar more than their co-workers doesn’t increase labor costs , it often decreases them.   Which scenario would you rather have, assuming that both scenarios are able to serve an equivalent number of customers?

Scenario 1:
Two bartenders making $8.50 / hour, working a 5 hour shift?
Total wages:   $8.50 per hour * 2 employees * 5 hours = $85

Scenario 2:
One bartender making $12.00 / hour, working a 5 hour shift?
Total wages:   $12.00 per hour * 1 employee * 5 hours = $60

A superstar bartender (Scenario 2) can outwork, and at a lower overall cost, two mediocre bartenders.

Finding these superstar bartenders is part of the difficulty in managing , but if you can find them, and promote them, your business will profit.

Paying Overtime is a Sign of Bad Management or Poor Scheduling:   Myth 6

In most restaurants, there is an operational mandate to ensure that part-time staff members work less than 35 or 40 hours per week.   This is in effort to keep from paying overtime, which is commonly 50% more expensive (time and a half), or even 100% more expensive (double time).   While this is a great idea from an hours and cost perspective, this mandate does forget about one key factor , the employee.

Commonly, employees who are working in part time positions need extra hours to make ends meet.   These staff members, who may be critical to the business, have certain financial needs and sometimes need to work extra hours to meet these needs.   By not allowing these staff members to work extra hours (perhaps 45 to 50 hours) occasionally, they may seek employment elsewhere , creating higher turnover, and costing the business in hiring, turnover, and lost business while seeking a replacement.

If at all possible, try to accommodate employee needs , be it with the occasional extra overtime hours, or scheduling staff on certain days to work around a second job or specific availability.   Staff members are less likely to go elsewhere if all of their needs can be met at one particular job.

Make sure to read some of the other myths, available online.

TimeForge employee scheduling software is used by managers and operators of independent restaurants, and retailers, as well as franchises and chains of companies in the hospitality, food-service, retail, and other service-oriented industries.   TimeForge will increase profitability, reduce turnover, and improve retention at your business!

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Ignoring Labor Regulations Will Result in Heavy Fines

In many locales, labor laws for the service industry severely limit the number of hours that a non-exempt employee can work.   Hours worked can be limited by the industry, age, job description (position worked), hourly rate, holiday, length of shift, or even the day of the week.   If your business works with service unions, these rules can become even more complicated, requiring that managers spend time tracking breaks and meal periods and indicating whether or not employees wanted to take their break.   Some states and insurance companies perform regular Labor & Industries audits, imposing heavy fines or insurance premium increases for non-compliant businesses.

Example: A sandwich restaurant in California employs three sandwich specialists, all of which are scheduled to work less than 8 hours a day, six days of the upcoming work week.   On the first day of the schedule one of the employees fails to show up for work and is terminated by management.   The remaining two employees must work work the additional 28 hours at the business to cover the terminated employee.   Neither employee receives a day off during the work week.   Under California law, each of the employees must be paid 1.5x overtime for more than 8 hours of work in a given day, and 1.5x overtime for more than 40 hours per work week.   Additionally, the two sandwich specialists will receive 1.5x , 2.0x overtime on the 7th day of their work week, as neither employee will receive a break this week.   Failing to pay these increased wages is grounds for a lawsuit and an investigation by the state.   Insufficient staffing may cost this California business several thousand dollars , in a single week!

Careful managers schedule around these frequently changing and complicated rules, ensuring that their business is compliant with all applicable labor regulations.   However, businesses can inadvertently land themselves in hot-water when employees fail to show up, quit, or are terminated for otherwise legitimate reasons.   Inexperienced managers, overburdened by other areas of schedule creation can forget about these rules, which are not core to the “making money” aspect of their business.   Stiff fines and lawsuits are the result of failing to be in compliance.

In uncertain economic times managers must be able to schedule labor correctly in a consistent manner, keep employees happy, and reduce fines imposed by legislative authorities, such as the Department of Labor.   Businesses should seek to use cost-effective computer systems, such as TimeForge, to ensure that proper scheduling techniques are utilized.   Effective scheduling software will be able to schedule meal and break periods, accurately calculate overtime costs, and archive previous schedules for managerial review.

Example: The general manager at a car wash business needs to ensure that one manager is always on duty, as well as a number of attendants to apply soap to the vehicles before vehicles enter the automated car wash machinery.   Each attendant is required to receive a number of breaks during their shift, and this particular business prefers to hire employees who are minors to fill “holes” in the schedule.   During a normal work day, between five and seven employees are working.   By not carefully scheduling the break and meal periods and minor rules, the manager may end up with a shortage of staff as multiple employees take breaks (or leave for the day) at the same time and minor employees leave for home.   During the labor shortage, customers will not be serviced appropriately.   Alternatively, the manager may choose not to send employees homes or allow breaks to proceed , grounds for heavy fines, a lawsuit, and/or increased insurance premiums.

Labor & Industries (L&I) audits are common in some US states (California, Washington, Oregon, and New York are especially common) in restaurant, food-service, retail, construction, and hospitality-related industries.   These audits are performed by the state or by insurance companies to verify that the business has complied with all applicable regulations.   Audits focus on unpaid overtime, minors working too late or too early, break and meal periods that are not properly documented, and other violations.   Rule infractions can be punished with stiff fines and/or insurance premium increases.

Make sure that all employees are aware of the applicable rules for the city, county, and state / province.   Follow federal / national rules (where applicable), corporate rules, and insurance regulations (if applicable).   Where possible, automated scheduling systems should be utilized to enforce these rules reducing the administrative burden placed on managers – allowing management to work on other pressing issues such as training, customer service, and management tasks which cannot be automated by cost-effective technology solutions.

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