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Proposed R.I. bill to regulate restaurant tips draws a crowd

Below is an article from the Providence Journal regarding some proposed state legislation in RI around tips. Here are a few of the items the bill covers:

  • Would prohibit employers from deducting a credit card service fee from a tip left for an employee
  • Would also ban required tip pools
  • Would require that the employee receive the total amount of both tips and “service charges”
  • Anyone in violation would be fined up to $1,000, be sentenced to up to 60 days in prison or both
  • Employees who successfully sue their employers for relief would be entitled to attorneys’ fees and three times the damages claimed

What do you think about these proposed changes in RI? Are any of these happening currently at your restaurants? The tip pools seem a little odd to me. They also mention in the article that there’s some goofy language that needs to be ironed out. Are similar bills being proposed in your states?

The full article is copied below:

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PROVIDENCE, R.I. — With more than 65 people signed up to testify on a bill that would impose a number of restrictions on how employers handle tips, K. Joseph Shekarchi, chairman of the House Committee on Labor, asked that the hearing room doors remain open Thursday so that fire code standards could be met.

“I know this bill invokes a lot of passion,” Shekarchi said as a marathon of testimony from restaurant owners and servers began.

Rep. Aaron Regunberg, D-Providence, who sponsored the bill, described it as legislation intended to address the “widespread problem” of “tip theft.”

The bill would ban employers from taking a portion of an employees’ tips in several ways. Among them: It would prohibit employers from deducting a credit card service fee from a tip left for an employee. It would also ban required tip pools. Several people, however, questioned language in the bill that would permit a “valid tip pool” without defining what would meet that standard.

The bill also would require that the employee receive the total amount of both tips and “service charges,” a separate fee sometimes placed on a bill and then divided among multiple parties.

Anyone in violation would be fined up to $1,000, be sentenced to up to 60 days in prison or both. Employees who successfully sue their employers for relief would be entitled to attorneys’ fees and three times the damages claimed.

Chris Tarro, co-owner of the Sienna Restaurant Group, said that while he understands the intent of the bill, it would take money out of an already struggling industry. For example, he said, his staff is aware that credit card fees are deducted from tips. Those fees annually total roughly $65,000 at his restaurants. While he said he didn’t doubt there were examples of people in the industry who aren’t able to pay their bills, at his restaurants, servers are typically the highest-paid hourly employees.

“It’s a tough industry,” Tarro said, “and if you keep taking money out of this industry … we only have so much. We’re bone dry.”

But Jamie Sarafeh, a former waitress and dishwasher, said servers need a more reliable form of income.

“Everyone I know that works in food service is scraping by,” she said. “I understand that a lot of you restaurant owners aren’t multimillionaires, but relative to what we’re making — a few cents means so much more to us.”

But the arguments weren’t all based on who should keep the money.

Bill Kitsilis, owner of Angelo’s Pizza Palace in Cumberland, called the bill an “administrative nightmare,” referencing language that the only times tip can be shared are in proportion to the service provided.

“What does that mean?” Kitsilis asked. “On Friday night at Angelo’s Pizza, I have two people working the counter up front, two cashiers in the bank answering phones. They’re not doing the same exact work. There’s one tip jar up front. They all share equally. They’ve been doing it this way for 30 years without a problem.”

Regunberg said he realized there were valid issues with the language and definitions in the legislation that could be addressed.

“In order for us to have productive dialogue and come to a solution that’s optimal for all parties,” Regunberg said, “we first have to take as valid that this is a real issue.”

 

How much money do we lose every year?

 

Having manager’s perform SMART Pre-Shift Inspections every meal period refocuses them on what is important to running a successful operation. The benefit of focus is something that I had to rediscover recently, but it makes so much sense.

We don’t do enough as an industry to focus and ground our manager’s every single shift on what is important to running a profitable business, and it is a gigantic missed opportunity. Managers are expected to be multi-tasking omnipotent robots that can instantly shift between their different responsibilities, and that is just not always the case.

I was a floor manager at one of the busier Changs in the early 2000’s when it was not uncommon for us to be on a 1:45-minute wait on a Monday night. I remember it as a very chaotic job that could go from 0 to 60 to 30 to 90 to 120 back to 0 in a single shift.

I remember scrambling to work on projects and deal with putting out fires in that two-hour window between lunch and dinner. Then getting back into the driver seat again for the dinner rush.

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I have also managed at slower restaurants, and I found myself fighting boredom and apathy. Trying to stay motivated and keep my team motivated to give great service.

Manager’s make restaurants successful. We have all seen a manager who got a location rocking and rolling: high sales, good profits, great service. They leave, and the next guy comes in and this location goes from hero to zero in 3 months. There were no major changes in the area driving the decline, it was just that the new manager couldn’t keep the staff on point, service up, and customers reacted.

It is the nature of this industry that we have customers in our building for large portions of our day. There is a ton of moving pieces that need to be dealt with every single shift. It is easy to get caught up in fire fighting and then stumble into your next shift without having the opportunity to focus yourself and your team on what is important.

Two tools that I have seen implemented with a lot of success are SMART pre-shift Inspections that manager’s conduct before each meal period and pre-shift meetings with each department.

SMART Pre-shift inspections get your managers walking around your restaurant looking at your critical safety and operational readiness items ensuring that you are ready to handle the rush. Performing this inspection reminds managers what is important and helps them catch things that they might have missed if they hadn’t done the inspection.

Pre-shift meetings with service and kitchen teams give us an opportunity to communicate shift info to the team and get them focused on serving guests.

Both tools have the same effect on your restaurant, they focus your staff on what is important, and that focus cascades through your operations.

We have recently created a free ebook on SMART Pre-shifts you can get a copy by clicking here.

If you like this blog, please consider following OpsAnalitica on LinkedIn.

New York to raise wages for tipped workers

This story from Nation’s Restaurant News is all over the place. The New York state commissioner approved a 50% rate hike in the minimum hourly wage for tipped employees up to $7.50/hr. With New York City going up to $8.50. This seems to be the trend lately. Local and federal governments are calling for minimum wage hikes across the board.

The New York Restaurant Association was fighting the hike and lobbied to have the increase phase in over time, but that failed and the new rate hike will take place by the end of the year.

Even Walmart has stated that they are planning on raising their pay up to $10/hr over the next 2 years. This will certainly put pressure on the restaurant industry in terms of recruiting and retaining good employees. What types of programs are you putting into place to handle these situations?

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Here’s the full article from nrn.com:

Restaurant wait staff and other tipped workers in New York will earn $7.50 an hour before tips effective Dec. 31, after the state’s acting labor commissioner approved the increase on Tuesday.

Servers in New York currently earn $5 per hour, compared with a non-tipped minimum wage of $8.75. The state allows businesses to use tips to meet or pass the minimum wage.

In New York City, the tipped wage will rise to $8.50 an hour if the city gets permission to raise its minimum wage above the state’s rate.

New York Gov. Andrew Cuomo’s acting state labor commissioner, Mario Musolino, approved the tipped wage increase. The state’s minimum wage for hourly workers is scheduled to rise to $9 an hour at the end of the year.

“The sweetest success is shared success, when we all do well together,” Cuomo said Tuesday at a Manhattan labor rally, according to the Associated Press. “We want businesses to do well. Let’s share with the workforce. Let’s all rise together. That’s what New York has been about. That’s what this nation is all about.”

However, the New York State Restaurant Association accused Musolino, who made the recommendations to the governor, of “rubberstamping” the minimum wage increase for wait staff.

Melissa Fleischut, president and CEO of the association, said nearly 1,000 representatives of the hospitality industry had asked Musolino and the wage board to phase in a moderate wage increase over time.

The wage board recommended, and Musolino approved, a 50-percent increase to be phased in by the end of this year.

“By rubberstamping an extreme, unprecedented, 50-percent increase, it becomes hard to believe New York is really ‘Open for Business,’” Fleischut said, referring to the state’s marketing slogan to attract businesses.

Saru Jayaraman, a founder of ROC United, which has been pushing for increased minimum wages across the nations, said in a statement that “although ROC will continue to fight for One Fair Wage, we are thrilled that New York state will have the ninth-highest state wage for tipped workers in the country, with $7.50 an hour.”

Retailer Walmart said Thursday that it would raise wages to $9 an hour in April, and then $10 an hour in a year, an increase that would affect 40 percent of its workforce. That moved raised speculation that McDonald’s Corp. and other large restaurant companies would be pressured to follow suit.

New York has more than 200,000 tipped minimum wage workers, and some sources put the number of restaurant workers in that category at 133,550. The median income of New York’s wait staff is about $19,103.

Restaurant Tech Restocked For Tomorrow And Beyond

Here’s a great article from TechCrunch on technology in the restaurant industry. A major focus of this article is on POS systems. Mobile POS systems are moving in on long time dominant systems such as Aloha and MICROS. It seems that mobile POS is the future. Either having guests swipe their own cards at the table or servers carrying tablets with them and swiping at the table will streamline the checking out process. The deli in the building that I office out of has moved to Square and they love it. They say it’s cheaper and they don’t need all the equipment that other payment processors require. The mobile solutions are preaching, rightfully so, simplicity, efficiency, and convenience.

The article also goes on discuss mobile payments which seems to be catching on across most of retail. As mobile security gets better I see this becoming more and more the norm. The “mobile wallet” is the next logical step for the mobile phone.

What are you doing as far as technology in your operations? Do you see these solutions in your business if they aren’t already? If not, why?

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Here’s the full article:

A recent article in TechCrunch characterized nascent upstarts in the restaurant industry as wide-eyed idealists with little reality of the harsh, high-touch operating environment in which they operate. Having worked in the tech, food and health worlds for most of my career, I believe the article misrepresented the significant progress being made across the industry. On almost every front within hospitality — be it point of sale, loyalty, delivery or sourcing — change is in the air.

Point of Sale Systems Are Shifting Rapidly

For all the talk of the Aloha and MICROS point of sale (POS) systems dominanting in restaurants, a bevy of newcomers have been making inroads. Square, with its slick reader and now retail POS terminal, carries the most gravitas among the mobile POS companies for good reason: it inks deals with large retailers: Starbucks in 2012, then Whole Foods, Uniqlo and Godiva in 2014. Granted, none of these establishments switched over an entire store to Square, but these relationships suggest large retailers will embrace new technology.

Square isn’t alone in this space, either. Longtime ecommerce site Shopify launched its own POS system in 2013, bridging together digital and in-store selling in ways old-line providers can’t match. Even venerable POS provider NCR has dipped its toes into the market. Adil Consulting, a merchant POS consultancy, found 52% of small merchants now use a mobile POS for the majority of their payment processing, a huge change from even a couple of years prior.

Mobile POS upstarts are also eyeing the market leaders with more sophisticated products. POS startup Revel (which recently raised a $100 million Series C round) and ShopKeep aim at the heart of Aloha and MICROS by combining deep business analytics with mobile-based front-of-the-house systems. Alex Konrad of Forbes reported Revel’s growth rate at 250 percent year-over-year in February 2014.

If you want a historical parallel for the mobile POS market, consider the arrival of Japanese cars into America back in the 1970s. Toyota and Honda targeted the low end of the market, but within a generation, they delivered Lexus and Acura into the U.S. market, upending the staid American luxury brands like Cadillac and Lincoln. Substitute MICROS and Aloha for Cadillac and Lincoln and you can get an idea of what’s coming for the biggest POS names.

Mobile Payments Are Coming to Restaurants

For high-end retail, which acts as a harbinger of things to come, mobile payments have already arrived. Starbucks, an early mover in this space, reported 14 percent of its U.S. transactions were completed using its mobile app in 2014. But it’s not just the big players; even small merchants that represent the long tail of the industry are adopting new technology.

I spoke at length with Andrew Cove, co-founder of the Cover for this article. Long considered one of those ‘Why hasn’t anyone done this already?’ mobile opportunities, Cover brings mobile payments and check splitting into the high-end restaurant market. Built around creating a seamless payment transaction for users — think Uber, Cove said — Cover also delivers flat-fee transactions and 24-hour payment disbursement to restaurants. Cove said the product has already reached over 150 restaurants in NYC, San Francisco and Salt Lake City.

And let’s not forget what Apple Pay may do in this area. Payment industry guru Mike Dudascalculated almost 1 percent of Whole Foods transactions are happening with Apple Pay. Sure, that’s a tiny part of the retailer’s overall sales, but, if true, it represents phenomenal growth of a new technology no one had even heard of six months ago.

A Food Service Sourcing Revolution in the Making

Long dominated by Sysco and US Food, even the purveyor system — with its 10 mile wide moat to market entry — is at the dawn of a new age. Another innovative startup, Sourcery, allows chefs to manage disparate food suppliers from a central dashboard, streamlining payments and invoicing.

Ashwin Mudaliar, head of business development at Sourcery, spoke to me about Sourcery’s operations. A molecular biologist with a passion for food system reform, Mudaliar describes Sourcery as a commerce platform for the modern commercial kitchen. Restaurants bring their purveyor network into Sourcery’s orbit and they weave their technology across each restaurant’s web of suppliers.

The result of reducing friction for food sourcing may ripple through the supply chain, a long-term goal highlighted by Mudaliar. It encourages more restaurants to source widely, pulling restaurants away from the broadliner model embodied by Sysco. While it’s very early, technology like Sourcery has the potential to increase the diversity of local food options available at every restaurant.

Delivery and the Broader Food Industry VC Presence

GrubHub and Seamless dominate the restaurant delivery market, but that doesn’t mean innovation is out of reach here, either. Instacart, the grocery delivery service launched only back in 2012, is reportedly raising $100 million at a heady $2 billion valuation. Other upstarts like the more local-flavored grocery delivery services (Good Eggs on the West Coast and Relay Foods in the Mid-Atlantic) raised $21 million and $8.25 million in their last funding rounds, respectively.

There’s also a host of tangentially related food-tech startups that align spiritually with the restaurant industry and the broader food movement. VC funding in the food vertical has been on a steadily increasing trajectory for at least the last five years, touching all corners of the industry.

The DC-based organic salad chain SweetGreen raised $22 million in 2014 to promote expansion. West coast competitor Lyfe Kitchen boosted its reserves by at least $21 million in 2014, according to an SEC filing. Revolution Foods, the firm trying to remake school lunches, raised $30 million in 2014. And Hampton Creek, the food company replacing animal products with unique plant-based substitutes, managed to get its Just Mayo product into over 20,000 stores in just the last 12 months, according to Danielle Gould’sFoodTechConnect.

Solutions to the uniquely complex problems facing the restaurant and food industries will require still more innovation than what has been discussed here. Discovery, nutrition information, loyalty, distribution and food waste represent just a few of the frontiers that await intrepid entrepreneurs. But no matter what dimension of this industry you look at, it’s hard not to see the seeds of change blowing in this venture capital-fueled wind.

With Good News Comes Some Challenges

We’ve been talking a lot about the recent good news from the National Restaurant Association for the upcoming year. With this good news comes some challenges for the restaurant industry. Commodity costs have been increasing pretty drastically over the last 5 years, which “they” are saying should slow down, but with the implementation of the affordable care act and the proposed increase in minimum wage it’s pretty much unavoidable that a higher than normal price increase is due for customers.

I read an article today that Walmart is planning on increasing it’s wages over the next couple of years. Being that they are the largest single employer in the US that puts pressure on everyone else. As the labor market tightens up it gets more difficult to hold on to good talent. Also seeing more an more press about getting rid of tips which will also cause a significant increase.

What are you doing at your operation to keep costs down? Are you looking at other ways to preserve margins with all these other margin killers coming down the path? Let us know what you are doing.

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I have copied an article below from Daily Finance below that quotes some of the larger national chains about their price increase plans.

The restaurant industry is starting to bounce back, but escalating costs across a variety of line items are forcing some chains to consider larger than usual price hikes later this year.

One of the meatier morsels in Cheesecake Factory’s (CAKE) quarterly report last week was that it was considering a larger menu price increase than its historical average of 2 percent.

“Looking forward to the second half of the year, while we’re always trying to balance capturing guest traffic and offsetting cost pressures, protecting our margins is certainly a priority and we would consider taking more pricing than normal or more than what we have done historically later in the year in light of the cost headwinds, particularly labor wage rates,” Cheesecake Factory CFO Doug Benn said during its earnings call.

Higher group medical claims find health insurance expenses moving higher at Cheesecake Factory, but the chain is bracing the market to see it as the new normal.

“We see other restaurant operators that look like they are willing to take a little more price than what they normally have,” Benn conceded. “We believe restaurant companies including us will have to consider more pricing in this cost environment as the pace of the economy accelerates.”

Restaurants Are Doing Well, Thank You

This is shaping up to be a great year for the restaurant industry. The country’s improving employment rate finds more people with less time to cook meals at home as well as more of the means to eat out. The drop in gasoline prices is also putting more disposable income in folks’ pockets, so they can now afford to hit eateries more often.

The National Restaurant Association sees a record $709.2 billion in industry sales this year, up 3.8 percent from 2014. There will be a total of 14 million jobs in the industry this year, up 3.2 percent from a year earlier. That’s the good news. The bad news is that the association also sees costs moving higher this year. Between costs related to the rollout of the Affordable Care Act and the potential increase of minimum wages, labor costs are on the rise. Somebody has to pay for these developments, and they were just seated in a booth by the window.

Some companies didn’t wait until 2015. Chipotle Mexican Grill (CMG) kicked in with its first substantial menu price increase in three years in May of last year. Its move was in response to a sharp uptick in costs.

There could be some relief on that front this year. Wholesale food prices may have climbed 25 percent over the past five years, but the association sees pork and dairy prices stabilizing in 2015.

Chili’s, Ruby Tuesday See the Same Thing

Chili’s parent Brinker International (EAT) saw commodity prices spike in its latest quarter, fueled by larger-than-anticipated upticks in the prices of burger meat, avocados and cheese. Even an industry laggard — Ruby Tuesday (RT) — finds itself having to pass on the growing costs of doing business to its consumers.

Ruby Tuesday recently updated its guidance on food inflation. It sees food costs climbing 2 percent to 2.5 percent, up from an earlier outlook that was slightly lower.

“We want to make sure that we maintain our value and propositions,” Ruby Tuesday CFO Jill Golder said in its most recent earnings call. “We don’t expect to price at the same level that you’ve probably seen some of the competitors [pricing at], but perhaps some incremental pricing in the 1 percent range.”

In other words, Ruby Tuesday sees the competition jacking up their prices. It’s going for a more modest uptick, but it’s still an increase. So, yes, don’t be surprised if your tab at the end of the meal is larger than you remembered. You’re not alone. Everyone will be paying more.

How Americans Are Spending Their ‘Reverse Tax’

I read an interesting article today from a financial newsletter that I subscribe to, Money and Markets. In the article, Jon Markman, looks at what Americans are doing with the extra money that we are saving at the pump.

Saving it or spending it? In typical American fashion we are spending it, but where? Of the $24.4 billion saved most of it has been spent on cars and restaurants/bars. Restaurants are 2nd to cars by only 1/100 of a percent, up over 8% vs a year ago. Restaurant stocks are up over 25% in the last 4 months.

Here’s the full article:

Economists and investors are dying to know what consumers are doing with their gasoline savings windfall. Will they save it, invest it, or upgrade their mobile phones?

To answer this question, the data analysts at Bespoke Investment Group first determined how much the windfall is. I won’t bore you with all their calculations but basically they determined a total consumption figure then divided by the monthly gasoline retail price and compared last year’s level with this year’s level.

They figure that roughly $24.4 billion has been saved at the pump since gasoline prices have been falling. And of course that does not include the “perceived” savings to the collective consumer psychology, as studies have shown that there is a multiplier effect in which a single dollar saved ends up feeling like several dollars earned. This is why consumer confidence figures soar disproportionately from a decline in gas prices.

Anyway, of that $24.4 billion saved, Bespoke figures that $21 billion has piled up since October alone, when the gasoline price plunge really got rolling.

So what have you Americans been doing with your “reverse tax”? Contributing to charities? Saving and investing for the future? No —

You, my fellow Americans, have been eating more. And drinking more. And buying more gas guzzlers. Congratulations, you are blowing your windfall.

According to Bespoke data, which comes from government sources, spending on cars and restaurants are up 8 percent vs. a year ago, and 4 percent more on sports and hobbies. So basically you are spending your extra $24.8 billion on burgers and fries, new wheels, and having fun.

The stock group that has benefited most are restaurants, with Wendy’s(WEN), PolloLoco (LOCO), Sonic (SONC), Jack in the Box (JACK) andCosi (COSI) performing best this year, up 10 percent to 76 percent. As a group, restaurants have surged 25.6 percent over the past four months. That is a huge gain in a short period, so you don’t want to pile in now. But it’s a good concept to put in your back pocket for the next time there is a consumer spending windfall of any kind.

FICA Tip Credit Important for Restaurants

Tax season is upon us and we found this tidbit of information in our Missouri Restaurant Association weekly newsletter. Thought it might be useful so we figured we would share. Of course it’s best to consult with your accountant and/or a tax professional before moving forward with any new filings, but this one seems like it can pay off under the right circumstances.

As the filing season begins for tax returns of 2014 income, MRA reminds restaurants to take advantage of the FICA Tip Credit.  Available only to owners of food and beverage establishments, it can save a restaurant owner thousands of dollars per year.  The credit, which is a dollar-for-dollar reduction in federal income tax expense,  is requested on Form 8846 (Credit for Employer Social Security and Medicare Taxes Paid on Certain Employee Tips) which is filed with the restaurant’s federal income tax return.

Authorized by Internal Revenue Code Section 45B, the FICA Tip Credit equals the amount of the employer’s portion of social security taxes (currently 7.65%) on tip income not used to bring the employee’s wages up to the minimum wage.  For purposes of calculating this credit, the minimum wage is capped at $5.15 per hour – the rate in effect at January 1, 2007.

A simplified example can serve to illustrate the credit calculation.  Sally, a server for a restaurant, works 40 hours in a certain week and earns $12.00 per hour in tips.  Her employer pays her a cash wage of $3.825 per hour (50% of the state’s minimum wage) as required by Missouri law.  Sally’s total tip income for the week is $480.00 (40 hours X $12 per hour).  Tips required to bring her wages up to the minimum is $53.00 (($5.15 – $3.825) X 40 hours).  Tip income in excess of the amount required to bring her wages up to the minimum wage is $427.00 ($480.00 – $53.00).  The FICA Tip Credit available to her employer for this week is $32.67 ($427.00 X  7.65%). Assuming Sally works 50 weeks during the year, the annual FICA Tip Credit would equal $1,633.50.

Now, multiply this credit of $1,633.50 by the number of servers in the restaurant and one can readily see the importance of the FICA Tip Credit.  All of the details related to the credit are beyond the scope of what can be included in an article of this length.  MRA encourages its members to seek the guidance of a competent income tax advisor.

Hopefully this was helpful and feel free to share with others.

Restaurant workers express optimism about the industry

I came across a great article on fastcasual.com talking about optimism from restaurant employees about the current and future state of the industry. This is of course related to the 2015 industry forecast by the National Restaurant Association that we posted about a few weeks ago. The article cites an infographic from the National Restaurant Association Educational Foundation. Here are some of the highlights:

  • 9 out of 10 restaurant employees say it’s a great industry to land your first job
  • Very positive beliefs that people of all backgrounds can open a business in this industry
  • 7 of 10 say the restaurant industry provides good long term opportunities
  • 9 of 10 owner operators say they will work in the industry until retirement

Click here to read the full article on Fast Casual.

What to do when a health inspector visits

I know, enough with the health inspector posts, we get it. I promise this is the last one for a while, but I happened to stumble upon these 3 articles on restaurant.org and thought it was great info so figured I would share. This last one discusses what to do while the inspector is at your location:

Don’t panic when an inspector arrives. Think of the visit as a learning opportunity that will benefit your operation by making it as safe as possible.

To make the inspection a positive experience, follow these guidelines:

  • Ask to see the inspector’s credentials if the inspector doesn’t volunteer his/her credentials first. In some cases, people have tried to pass themselves off as health officials. If you’re unsure of the person’s credentials, call the local health department or the inspector’s supervisor for verification. Ask whether the purpose of the visit is a regular inspection or due to a customer complaint. Train your employees to check identification before allowing anyone to enter the back of your operation.
  • Don’t refuse an inspection. In doing so, the health inspector likely will obtain an inspection warrant, which allows him/her to inspect your establishment without your consent.
  • Tag along with the inspector and take notes of any violations he or she finds. This gives you the chance to correct simple problems on the spot, and the health inspector will note your willingness to fix problems. Be prepared to provide any information or records that the inspector needs and answer the inspector’s questions truthfully.
  • Refrain from offering any food or any other item that can be misconstrued as an attempt to influence the inspector’s findings.
  • Sign the inspector’s report after the inspection. Signing it doesn’t mean that you agree to the findings; it only means that you received a copy of the report.
  • Ask the inspector to explain his findings to your staff, or share the inspection results with your employees and offer suggestions on areas that need improvement.

Apparently bribery will get you nowhere so steer clear from offering food and/or drinks to the inspector. I like asking for credentials and asking them to explain their findings at the end. Probably not usually very convenient to have the full staff available for the explanation, but at least the manager on duty should get the scoop.

7 tips for working with health inspectors

As a follow up to yesterday’s post “9 tips to prepare for a health inspection” we have another article from restaurant.org on working with health inspectors.

Restaurant operators and health inspectors aren’t adversaries. Think of a food inspector as a partner as you work together to achieve shared goals of preventing foodborne illness and protecting guests’ health.

Here are seven tips to build a productive relationship with health inspectors:

  • Be polite and professional. Encourage managers encourage to ask the inspector questions. They should feel free to dispute any violations they feel are inaccurate, but they should raise disputes in a professional, non-confrontational way. When you disagree with an inspector’s assessment, ask how he or she arrived at that decision, and offer your interpretation of the regulations. The discussion often can help you arrive at a solution.
  • Correct mistakes as soon as possible. Repeated violations will give the inspector the sense their inspections aren’t being taken seriously, which could lead to lower inspection scores. Make managers aware of violations so they can correct them.
  • Demonstrate progress. In the event your restaurant has a less-than-satisfactory result from an inspection, it’s important to show that you have a plan to address the issue. Show the inspector your corrective action plan and ask him or her to add it to your restaurant’s file. Being able to demonstrate that you took action will help offset the negative impact of past results.
  • Be proactive.  Seek opportunities to work with inspectors outside the confines of routine inspections. For example, if your state or county has a new food safety regulation or recently updated its food code, consider contacting your inspector to ask about the changes and how they will impact your restaurant.
  • Get involved. Serving on state and local task forces or advisory committees will provide you with opportunities to work with inspectors and gain a greater understanding of their work. Getting to know inspectors personally and working toward the common goal of protecting consumers will help build trust in you and your restaurant.
  • Share your food safety plans.  Inspectors often are interested in the steps you’re taking to comply with new food safety rules and regulations. What they learn will help them advise other restaurants they work with. Share your plans with them, and ask for feedback.
  • Seek inspectors’ advice.  Are you launching a new product or testing a new process? Ask your health inspector how it will be impacted by the food code. They might have suggestions that will help you improve your business.

Be prepared for your inspection, learn what to do when a health inspector visits and ensure appropriate follow-up from an inspection.

Like any audit the health inspectors love consistency and documented processes. This shows a due care approach to restaurant and food safety. We talked about due diligence and due care last week, click here for that post.

Aside from being polite and accommodating to the health inspector, being organized goes a long way as well. Being able to easily present line checks and temp logs for a specific time period or self inspection reports for the past month can wow an inspector. This shows organization and consistency in daily execution which in turn results in better and safer operating restaurants.