The SCORE, Issue 4, 2022

Page 1

Yearsof Buffalo Wild Wings 40

THE THE MAGAZINE OF FRANCHISE BUSINESS SERVICES | 2022 ISSUE 4
40 Years
McLane Foodservice offers its sincere gratitude to the BUFFALO WILD WINGS franchisees for their years of partnership and success in growing together. © 2021 McLane Company, Inc. All rights reserved.
TO BE YOUR WINGMAN SINCE 2012
PROUD

FBS Board of Directors

James Bitzonis

Chairman

Roz Mallet Vice Chairman

Steve Grube Secretary/Treasurer

Wray Hutchinson Chairman Emeritus

Jenny Beaudoin Director Brian Carmody Director

Mark Jones Director Bobby Pancake Director

Larry Podlogar Director

Ed Lynn Director

Christy Williams Executive Director

FBS Editorial Board

Rachel Jackson Editor-in-Chief rachelj@myfbsonline.org

Allison McCallum Communications Editor allisonm@myfbsonline.org

Jared Johnsen Communications Specialist jaredj@myfbsonline.org

Advertising Sales

Jeff Reynolds

Director of Business Partner Relations jeffr@myfbsonline.org 678-797-5163

Christy Rowan

Vendor Sales and Development Manager christyr@myfbsonline.org 678-439-2284

Design and Layout

Kristen Thomas

KT Graphic Design ktgraphicdesign@gmail.com

Headquarters

1701 Barrett Lakes Blvd. NW Suite 180 Kennesaw, GA 30144 Phone: 678-797-5161 Fax: 678-797-5171

ON THE COVER

We’re

TABLE OF CONTENTS
Business Services publishes The SCORE.
In
our
the environment, this publication
environmentally-friendly
eco-friendly
Franchise
Any reproduction, in whole or in part, of the contents of this publication is prohibited without prior written consent of Franchise Business Services. All Rights Reserved.
keeping with
commitment to
is printed on certified,
recycled paper using
inks. Copyright© 2022 Printed in the U.S.A. www.myfbsonline.org
the restaurant and menu
have
years,
COLUMNS 2 Chairman’s Column DEPARTMENTS 4 FBS Member News 6 Recognitions 8 Franchisee Spotlight 9 One Topic: 10 Facts 15 Look, Listen, Read FEATURES 12 Buffalo Wild Wings Celebrates Record-Breaking Results in Team Up For Kids Fundraiser 14 Spotlight on the 117th Congress: Rep. Tim Walberg (R-MI-7) 16 40 Years of Buffalo Wild Wings by
Communications Editor 23 The Actions of Leadership: Reinvigorate Yourself by
Co. 25 I.T. Pain Points Slowing You Down? contributed
Retail Tech Inc. 26 Don’t Get Burned
Transparency by
Sapp
Wilson LLP 28 Preventing Fraud From the Counter to the Computer contributed by Mize CPAs 30 Employment Practices Claims and Your Franchise contributed by Lockton Cos. 32 The Customer Is Not Always Right by Dennis Snow, Snow & Associates Inc. 34 What’s Next? Four Productivity Predictions for 2023 by Laura Stack, The Productivity Pro® DIRECTORIES 10 Associate Member Listing 36 Advertisers Guide and Editorial Calendar
celebrating 40 years of Buffalo Wild Wings®! The look of
may
changed over the
but the spirit of camaraderie has remained the same. Turn to page 16 for an in-depth look at the history of BWW®.
Allison McCallum, FBS
Dan Coughlin, The Coughlin
by
by Pay
Douglas H. Duerr, Elarbee Thompson
and

Letter From the Chairman

Weck, by the way, is a roast beef sandwich on a roll that is very popular in Buffalo. I’m told that weck was dropped off the name and menu in 1998, and there was a three-year transition for everyone to change out the logo. We became franchisees in 2004 and missed all that excitement. It has been an incredible journey thus far, and you cannot deny that time surely flies!

For this chairman’s column, instead of doing a historical chronology, I’m going to focus on the future and not the past. We are going to look forward and not back. There are lots of good quotes on not looking back, like “Don’t look back. Something might be gaining on you,” and “The only times you should ever look back is to see how far you’ve come.” So, let’s celebrate our accomplishments and move on to new adventures and opportunities!

In that regard, I wonder what the restaurant industry will look like 40 years from now. I would think that there will always be fancy white tablecloth restaurants to preserve the dining experience we have known all our lives. But what about casual dining? What about B-Dubs? Let your imagination wander … Remember the Jetsons?

We know at BWW that technology is important for many reasons.

But will it completely change the way we serve our guests 40 years from now?

We will be testing the “Choice” model in 2023, and I can’t help but think that there will be no going back after that. The Choice model is where the guest chooses to have a server or to order themselves via a tablet on the table. Many of our guests prefer the use of technology. We have learned from the pandemic that behaviors have changed forever. Most guests choose to use technology to order their takeout and delivery meals rather than making a phone call and ordering. I certainly do. Why is that? Well, number one, it is simpler. Two, I don’t have to wait on hold, speak to someone who is rude or have that human possibly mess up my dinner. Three, I don’t want to give my credit card number over the phone. Four, I’m in control. That is all appealing to me, but I am not our target customer. What about the youth of today? Do they place takeout or delivery orders via phone calls? I think we all know the obvious answer to that! They have grown up in this technology boom and are extremely comfortable with it, and that’s not going to change. So, what will BWW look like in 40 years? Will we even have servers? Food runners or robots? What about cooks? We know that Inspire Brands, along with many other companies, is

doing research on Flippy the Robot Cook. Check out Miso Robotics to learn more. When will Flippy appear in a BWW?

What about bartenders? Will guests crave the human interaction or prefer to stare at their mobile devices? Fear not you unsocial folks because Tipsy the Robot will make your drink perfectly every time! And Tipsy doesn’t ever complain or need a break! Or overpour … Two Tipsy robots can make up to 120 custom drinks per hour! Next time you’re in Las Vegas, in the Planet Hollywood Miracle Mile shops or at the Grand Canal Shoppes at the Venetian, check out Tipsy or go to the Tipsy website to learn more.

We are in for lots of change ahead, and we can choose to embrace it or not. I aim to celebrate our past and engage in our future. Will you? Only time will tell. S

I
t’s been 40 years since BWW’s® beginning – Buffalo Wild Wings and Weck®, aka bw-3.
2022 Issue 4 | THE SCORE 2
678.797.5160 | memberservices@elevanta.com | elevantahealth.com/fbs | www.elevanta.com Not all heroes wear capes, some have wings. PROVIDE THEM WITH GREAT HEALTH CARE OPTIONS SINGLE-DIGIT RATE INCREASE OVER THE PAST 10 YEARS UTILIZES THE BLUE CROSS BLUE SHIELD NETWORK (NATION’S LARGEST PROVIDER) heroes Your employees are your

High Five Hospitality Hosts Expert for Active Shooter Training

On Oct. 19, High Five Hospitality (H5H) general managers attended the Violent Intruder Preparedness & Response Training led by Detective Dan Blomquist from the Delaware State Police.

The training is meant to increase situational awareness to active shooter events and domestic terror threats, including pre-attack behaviors to mitigate acts of targeted violence and increase survivability rates and reduce casualty counts during crises. The overarching goal of the training is to encourage organizations to develop preparedness

and emergency response plans that can be used under conditions of extreme stress, confusion and violence with limited

information.

Lori Ewald, H5H director of human resources, commented, “I feel fortunate to work with a leader and an organization who welcomes forward thinking and isn't afraid to face the sometimes ugly and scary sides of reality. Instead of fearing these situations, we operate from a place of education and knowledge.”

Ewald added that the training was well received, and H5H received many thanks for providing the training.

Bobby Pancake coined Detective Blomquist with one of the H5H Serve coins after the presentation. S

Temecula Buffalo Wild Wings Hosts Inaugural Charity Golf Tournament

On Sept. 14, Buffalo Wild Wings® sports bar No. 3689 in Temecula, California, hosted its Inaugural Charity Golf Tournament at the Pechanga Resort. The store already sponsors around eight to 10 golf tournaments a year for other charities, so a few team members thought they might want to give it a try themselves. The idea was spearheaded by Operating Partner Quentin Murphy, General Manager Pablo Ortega and lead WCT Jared Lardeur — all of whom are avid golfers.

“We were playing in a charity tournament when we decided that we have the resources to do our own. We have the vendors, sponsors and most importantly, we have relationships with local golfers to fill it, so why not host our own?” Murphy said about the conception of the event.

“We began gauging interest with our regulars, and it became obvious that there was overwhelming support for the event,” he continued.

Murphy said the hardest part was that they only gave themselves three

months to prepare for and organize the event. They managed to sign up 148 golfers, get beer and food sponsors, get all of the event prizes and organize the national anthem singer and photographer — all in that short span of time.

Luckily, he said, “We tapped into all the relationships we made throughout our Buffalo careers and help came quickly!”

The day of the event went smoothly with overwhelming enthusiasm from everyone in attendance. After the round was over, the golfers went back to the Temecula sports bar for the awards ceremony which featured a wing buffet, raffles and a silent auction.

All in all, the sports bar raised a total of $5,013.55 for the Buffalo Wild Wings Foundation. It was such a success that they are now planning to host two tournaments a year, one in March and one in September.

“We plan on crushing the $5,013 we donated this time for future events,” Murphy said. “We met our $5,000 goal, now it’s time to raise the bar!” S

2022 Issue 4 | THE SCORE 4
MEMBER NEWS
Detective Dan Blomquist shares the training goals with attendees. Jared Lardeur (BWW WCT), Tony Lalani, Pinal Sitaram (Franchisee), Pablo Ortega (GM), JP Saar, Quentin Murphy (Operating Partner), Ryan McCulloch and Jason Dugan at the Journey course on Pechanga Resort.

Blazin’ Games 2022 Heats Up at the Buffalo Wild Wings Convention

No one knows competition better than Buffalo Wild Wings® team members. It’s what the BWW® values – hustle, sportsmanship, spontaneity, community and fun – are built upon, and there’s no better representation than when BWW teams from across the country put them into play at the annual Blazin’ Games presented by Pepsi.

On Oct. 8, the Blazin’ Games top 10 teams went head-to-head at the Buffalo Wild Wings convention in Nashville, Tennessee. The different rounds included a knowledge bowl, culinary competition and cocktail competition on the mainstage. In preparation, each team received one-on-one coaching sessions with brand and industry experts, like Buffalo Wild Wings Vice President of Brand Menu & Culinary, Jamie Carawan, and Director of Beverage Strategy & Innovation, Jason Murphy.

Established in 2021, the Blazin’ Games is a nine-month competition where Buffalo Wild Wings sports bar teams from all over the country compete to prove themselves as the ultimate Blazin’ Games champion. This year, nearly 1,200 teams competed in four rounds testing their training, knowledge and execution, with a focus on learning.

As part of the first two rounds, sports

This year’s winners are:

Knowledge Bowl:

Gold: Amira Fox – Lake Orion, Michigan, No. 3204, Patton Wings

Silver: Ryan McNulty – Pewaukee, Wisconsin, No. 209

Bronze: Sarah Ivory – Saginaw, Michigan, No. 3521, Patton Wings

Beverage Finals:

Gold: Desiree Oreaboe – Gilbert, Arizona, No. 3184, AZ Wings

Silver: Kristen Brock – Dearborn, Michigan, No. 3303, JWRW Corp.

Bronze: Tori Girdner – Fort Oglethorpe, Georgia, No. 649

bars earned points based on a series of metrics that tap into learning and the guest experience. The top 50 teams then received an in-sports bar visit, assessing how the teams work together across service, food production, bar skills, food safety, teamwork and the guest experience.

The 10 teams with the highest number of points advanced to the final round at the Buffalo Wild Wings Convention. S

Culinary Finals:

Gold: Steven Rick and Catrina Phillips –Saginaw, Michigan, No. 3521, Patton Wings

Silver: Brady Hendershott and Josh Bombardo – Lake Orion, Michigan, No. 3204, Patton Wings

Bronze: David Laub and Jesse Whalen –Pewaukee, Wisconsin, No. 209

Congratulations to Lake Orion, Michigan, No. 3204, Patton Wings for being crowned the 2022 Blazin’ Games champion!

Gold: Wing Leaders – Lake Orion, Michigan, No. 3204, Patton Wings

Silver: The Real Team Members of Pewaukee – Pewaukee, Wisconsin, No. 209 Bronze: Saginaw Herd Hustlers – Saginaw, Michigan, No. 3521, Patton Wings

Roz Mallet Wins 2022 Founders’ Award

Roz Mallet, Franchise Business Services (FBS) vice chairman, won the 2022 Founders’ Award at the Buffalo Wild Wings® virtual conference on Oct. 11. The award is given each year to a franchisee who shows the same spirit, commitment and passion for the Buffalo Wild Wings brand as founders Jim Disbrow and Scott Lowery.

Mallet started her journey with the brand in 2010 because she knew it was a popular concept with a lot to offer. “It’s more than just food and drink,” Mallet said. “It’s an experience.”

Over time, she joined FBS and the Franchisee Advisory Council to further

her impact on the system. Since 2010, Mallet has opened four BWW® locations as well as six more restaurants comprised of four other concepts.

“To me, this award is confirmation of the effectiveness of my involvement in the brand. My goal is to make an impact on the system; I don’t want to be a franchisee that doesn’t participate in the future of the brand. I want to show other franchisees how they can contribute more of their time to making the brand stronger. Winning this award shows me that my impact is recognized,” Mallet said.

“Since we weren’t together in-person

for the awards, I read on screen that I won. My first thought was all the stories I’ve heard about the founders and why they created Buffalo Wild Wings. For me to be recognized as someone who carries on that culture of passion for the business … that was terrific.”

FBS also congratulates Bobby Kramer and Jim Womac for winning the Franchisee of the Year Award for 2022.

THE SCORE | 2022 Issue 4 5 MEMBER NEWS
The Patton Wings team accepts their award as the 2022 Blazin’ Games champion.
S

High 5 Hospitality Supports Boys and Girls Club

This fall, Buffalo Wild Wings® raised $1.9 million through its Team Up for Kids (TUFK) Campaign to deliver on its mission to “fuel champions of the next generation.” The donations will benefit the Buffalo Wild Wings Foundation and support hundreds of organizations around the country. In Newark, Delaware, High 5 Hospitality (H5H) stores donated the funds they raise to the Boys and Girls Club.

Ting Tao, H5H multiunit manager and Boys and Girls Club of Newark board member, said, “When speaking to guests about TUFK, I have had numerous people tell personal stories of them being

RECOGNITIONS

involved with the Boys and Girls Club themselves. Many people in our state are very aware of the Boys and Girls Club and the impact they make on the communities they serve. I also had staff ask if [guests] would like to round up their bill for TUFK. Any amount helps!”

H5H supports the organization in other ways, including sitting on the board, volunteering, sponsoring golf tournaments and providing banners and other items the club might need for events or their facilities.

Bobby Pancake, H5H franchisee, said, “The work that they [the Boys and Girls Club] are doing to serve their communities is nothing short of phenomenal. They are committed to providing a safe place for

Buck Hawk Inc. Celebrates Janae Moore and Dionna Byrd

In September, Janae “Nae” Moore and Dionna Byrd both celebrated their 20-year anniversaries working for Buffalo Wild Wings®, Fort Walton Beach, Florida. Both are indispensable team members of store No. 1226 who embody the talent and culture that allows BWW® to thrive.

Moore has spent her entire tenure as the daytime bartender. Over the years, she has developed a strong sense of ownership for the bar, its guests and its staff. Moore is dedicated to BWW and goes above and beyond every day. She is a senior example to the entire team regarding what it takes to be the best.

Byrd started as a server, transitioned to an evening bar server and finally

EVENT CALENDAR

FBS Summit

April 17-20, 2023

Marriott Resort Sawgrass Golf & Spa

Ponte Vedra Beach, Florida

became a bartender. Her no nonsense demeanor always gets the job done, and her passionate commitment to making the brand excellent is second to none. Always on her A-game, Byrd exemplifies the ideal restaurant professional and hard worker.

Together, these two are the dream team of the Fort Walton Buffalo Wild Wings! S

youth to learn, grow and to reach their full potential as productive, responsible and caring citizens.”

Team Up For Kids is an annual fundraiser, so guests who missed out can participate in 2023. Donations can be made online year round at foundation.buffalowildwings.com. S

Buffalo Wild Wings Celebrates Little League Champions

On Oct. 17, RSQ Foods store No. 504 in Milford, Connecticut, hosted the winning team of the New England and Connecticut Little League Championships to celebrate their win with a dinner provided by Buffalo Wild Wings®. The Milford team, coaches and team family members came out to enjoy the dinner. S

We want to highlight your company’s achievements (employee promotions, new hires, employee or restaurant anniversaries and sales records). To submit information for Member News or Recognitions, complete the online submission form at www.myfbsonline.org/submissions, email communications@myfbsonline.org or call 678-797-5161.

2022 Issue 4 | THE SCORE 6
MEMBER NEWS
Janae Moore (left) and Dionna Byrd (right) behind the bar at the Fort Walton Beach, Florida, location. The winners of the New England and Connecticut Little League Championships. Local kids at the Greater Newark Boys and Girls Club.
D A T E S A V E T H E 2 0 2 3 F B S S U M M I T S a w g r a s s M a r r i o t t G o l f R e s o r t a n d S p a P o n t e V e d r a B e a c h , F l o r i d a A P R I L 1 7 - 2 0 2 0 2 3

Joshua Theiss

Buck Hawk of Florida Inc. and Solar Simians Inc.

How long have you been a franchisee, and how has your franchise changed over the years?

I've been with B-Dubs 21 years. A lot has changed in that time. When I first opened in Fort Walton Beach, Florida, the brand was still counter service. We had twelve sauces, I think. On Tuesdays, we sold wings for 30 cents each. Conferences could be held in a single medium-sized room. The restaurants had T-111 wood paneled walls and wooden booths. Sometimes I miss those days, but I realize how far the concept has come and appreciate it for what it is now.

In your opinion, what stands out about the BWW® brand?

I believe our sauces are a differentiator. They're craveable. I think a well-run store can also stand out if it has a strong general manager and a team with enough people committed to great service and an executable plan.

Looking back, have you reached past business goals you set (work/life balance for employees, higher profitability and remodeling)?

Yes. I wanted to be a multi-unit franchisee, so I built a second store, which was a goal. I stopped after that because I'm a hands-on operator. At least that's what I tell myself! I have a lot of long-time employees, some going on twenty years with the company, so I believe I've achieved a great environment for the team. I've never not made money, though profitability isn't what it used to be since the pandemic. Both my stores are Stadia remodeled, and I go Center Stage in 2025, which I'm looking forward to completing, and I hope they're worth the expense.

Looking ahead, are there any new goals you have in mind?

I want to be a BWW franchisee for at least 40 years – to know I dedicated my professional career to making a strong brand even stronger. Building more stores is probably a no go at this point, but I'm fine with that. I want to make sure the two stores I do have remain successful for both my family and the people working in them.

Describe your best recent business decision.

Raising wages. I found out what many of the other restaurants in my markets were paying employees and managers and made sure I'm paying more and offering better or equivalent benefits. I want to attract and retain the best people. I've taken a hit on the bottom line, but I think long-term viability trumps short-term gain. I also believe lower turnover pays dividends.

What do you feel is the biggest challenge currently facing franchisees?

Complexity. Running these restaurants, or any restaurant for that matter, used to be simpler. Over the years, change has added layers to operations, marketing and technology. We can't lose our core fundamentals by chasing excess. Other challenges are the costs of goods and supply chain. The current government administration in D.C. isn't helping small-business people either.

What is the biggest industry change that you have seen since you started?

I refer to the same answer I gave to the last question: complexity.

Tell us a little bit about your family.

My entire family is involved in the companies. My wife Julie is general manager in Fort Walton Beach. She's my rock. My sister is a business partner at the store in Panama City Beach. My father's retired from 40 years in the restaurant business with another concept, but he insists on staying busy, so he handles the company payables even though he's 74. My son is a manager with the company, too. His daughter, my granddaughter Harper, is the shining light in my life though she'll share that light when my niece arrives sometime this spring. Mom keeps us all sane. We all love the beach, the ocean, great food, our friends and the quieter times in our lives.

What is your favorite BWW wing sauce?

Caribbean Jerk. S

2022 Issue 4 | THE SCORE 8 FRANCHISEE SPOTLIGHT
Joshua Theiss and his wife, Julie. Number of restaurants: Two States your restaurants operate in: Florida
THE SCORE | 2022 Issue 4 9 1
2 Supply
3
restaurants
4
5
6 On average, U.S. retail operations have a supply chain accuracy of only 63% 7 Forty-three percent of small businesses don’t track their inventory. 8 Spending on food service accounts for 52% of all food and beverage spending. 9 While improved compared to previous months, the current rate of inflation is 8.2% 10 Eighty-five percent of customers want to see a reduction in the costs of goods in 2023. Sources: Zippia, National Restaurant Association, Seeking Alpha, Finance Online The Supply Chain and the Obstacles in Its Way
The No. 1 cause of global supply chain disruptions is mergers and acquisitions at 66%. Other common causes of supply chain disruption include extreme weather (41%), factory fires (37%) and business sales (33%)
chain disruptions can cause a massive 62% loss in finances.
Ninety-five percent of
have experienced significant supply delays or shortages of key food items in recent months.
Twelve percent of supply chain managers experienced heavy disruption in 2022.
Fifty-six percent of consumers encountered out-of-stock food items due to supply chain issues.
One topic: 10 facts

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2022 Issue 4 | THE SCORE 10

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TraitSet Assoc. Mbr. Dan Longton dan@hrgems.com 239-877-0110

TredSafe/Walmart Assoc. Mbr. Ted Travis ttravis@galaxycorp.com 949-510-0950

TriMark SS Kemp Assoc. Mbr. Rich Moore rich.moore@trimarksusa.com 216-217-9790

UPshow Assoc. Mbr. Scott Axonovitz scott@upshow.tv 419-261-1802

Valley Proteins Inc. Assoc. Mbr. Ron Rogers rrogers@valleyproteins.com 540-877-3220

Workstream Assoc. Mbr. Ryan Anderson ryananderson@workstream.is 931-409-1440

THE SCORE | 2022 Issue 4 11 HOW CAN WE HELP? Experience a Leader in The Technology Industry with Over 80,000 Completed Service Requests Annually. Retail Tech Inc. Offers Superior Engagement with its Customers, Customized Solutions, and a Commitment to Excellence.  Convenient POS Hardware Advance Exchange & Depot Repair Solutions  Staging, Integration & Imaging Services  New Store Openings / Remodel / Store De-Install Services  Infrastructure, Network & Cabling Services  POS & IT Equipment Installation Services  Digital Menu Boards Installation Services  Project Management Services Contact Your Account Executive Today! Shannon Johnson – sjohnson@retailtechinc.com - Direct: 952-224-4327
LEVEL
One More Time

Buffalo Wild Wings Celebrates Record-Breaking Results in Team Up For Kids Fundraiser

The Buffalo Wild Wings® Foundation hit record-breaking results during the October Team Up For Kids (TUFK) Campaign. The total raised is $1,935,481! This is the highest earning Buffalo Wild Wings fundraiser to date. Thank you to everyone that participated and helped in reaching the goal. It is exciting to see all the momentum each year and the engagement received from the team members. Franchisees raised over 50% more than in 2021.

Congratulations to the TUFK bracket challenge winners. The community bracket challenge winner is Todd LaHaise, and the runner up is Steve Grube. The sportsmanship bracket challenge winner is Kevin Donham, and the runner up is Chris Miller. All of these franchisees will be receiving additional grant dollars to give to the youth-serving organization of their choice.

Remember that 80% of all donations raised during the Team Up For Kids Campaign will be donated back locally. The nomination process for distributing donation dollars will start in January 2023. Franchisees will be able to nominate the local youth-serving nonprofits of their choice. Thank you all for your outstanding participation! S

2022 Issue 4 | THE SCORE 12
Local children inside a new Boys and Girls Club basketball court in Houston, Texas, funded by the efforts of TUFK. From left to right: Stuart Brown (Inspire Brands Foundation), Zenae Campbell (Boys and Girls Club of Greater Houston), Bryan Soltis (Buffalo Wild Wings), Catherine Stranberg (Inspire Brands Foundation) and Susy Smith (Boys and Girls Club of Greater Houston).
THE SCORE | 2022 Issue 4 13 FUEL CHAMPIONS OF THE NEXT GENERATION. TO LEARN HOW TO SUPPORT YOUR COMMUNITY CONTACT CATHERINE STRANBERG AT THE BUFFALO WILD WINGS FOUNDATION AT CSTRANBERG@INSPIREBRANDS.COM TM & ©2021 Buffalo Wild Wings, Inc. BWW2021-0250255

Spotlight on the 117th Congress: Rep. Tim Walberg (R-MI-7)

AMy father was a machinist and tool- and dye-maker, so from a very early age, I learned the value of hard work that I take with me to this day. Starting out, I worked my way through college and had to pinch pennies to make ends meet. As a former pastor, my enduring commitments are serving others, being out in the community and listening to constituents’ concerns.

AUnder the Biden administration, we are seeing government bureaucrats pursue regulatory policies that will harm workers and small businesses. Most recently in September, the National Labor Relations Board proposed a rule to rescind the 2020 rule regarding joint employer standard and revert back to regulations imposed under the Obama administration. That rule made it easier for employers to be classified as joint employers, which would have a significant effect on jobs, entrepreneurship and local employers across the country.

AMy office is well-known for being a resource for small businesses in our district, particularly when it comes to cutting through red tape at the federal level. In the early days of the COVID-19 pandemic, we assisted countless small businesses navigate the Paycheck Protection Program and successfully acquire forgivable loans to keep their doors open and workers on the payroll.

throughout every county in my district to visit in-person with small businesses and their employees. Hearing about the issues they face each day informs how I approach the policy debates in my committee work and on the House floor.

AI’ve heard from small businesses and franchisees across my district about how the proposed joint employer rule will upend small businesses, undermine their independence and put jobs and livelihoods at risk.

During my tenure on the House Education and Labor Committee, I, along with my colleagues, have fought hard against regressive regulatory efforts, which blur the lines of responsibility for decisions affecting the daily operations of local businesses across the country.

I am also a strong supporter of the Save Local Business Act, which will codify the straightforward joint employer test that workers and job creators relied on for decades. That bill amends the National Labor Relations Act and the Fair Labor Standards Act to clarify that two or more employers must have “actual, direct and immediate” control over employees to be considered joint employers. This will restore a commonsense definition of “employer” and protect workers and local employers from future federal bureaucratic overreach.

AFirsthand feedback is incredibly valuable, and I appreciate it no matter the avenue — whether it is email, phone or meetings. I make a point to constantly be on the road traveling

AContinue to make your voice heard. I know it is a struggle to operate a small business with all the uncertainty coming from Washington, D.C., and the runaway spending that is driving inflation to record levels. I am fighting to change course on these harmful economic policies. The more vocal hard-working small-business owners can be in supporting and promoting policies to innovate, expand and create more job opportunities in their community the better. S

2022 Issue 4 | THE SCORE 14
Q What skills or perspectives from your background do you apply as a public official?
Q What do you see as the current biggest threat to small-business owners?
Q What challenges have you helped small businesses in your district overcome?
Q In what ways are you seeking feedback from small businesses in your state/district and using that information in Washington, D.C.?
Q What seat do you believe franchisees have at the table, and what do you do to support them?
Q What message do you have for small-business owners struggling with supply chain issues, inflation, staffing and other prevalent issues of today?

LOOK LISTEN READ

Look, Listen, Read is a quarterly compilation of some of the most highly rated and reviewed apps, podcasts, books, websites and other resources. FBS does not support or endorse the use of these tools, which merely serve as a guide to exploring a new level of knowledge and productivity for your business.

Forget timers, note taking and manual input — Timely can track time spent in every web and desktop app automatically for you. Get a precise daily record of all the time you spend in documents, meetings, emails, websites and video calls with zero effort. It’s all 100% private to you.

1

4

”The Franchise Founders Podcast” is where you’ll hear right from the source how people like you have been able to buy and build their businesses across different industries all over the country. Dan Claps is the co-founder of Career Transition Leads, NurtureAssist and Find A Business Online. Christian Dadulak is a successful franchise consultant with Find A Business Online who heads up business development for Career Transition Leads and NurtureAssist as well as runs his independent franchise consulting business, The Franchise Guys.

5

The No. 1 app for anyone with clients, PocketSuite makes it easy for your clients to regularly book and pay you. Get booked and paid – your way – with appointment scheduling, payments, invoices, POS, subscription/membership payments, appointment reminders, client messaging, online marketing, CRM database - all from your phone.

6

Listen to Patrick Lencioni and his team having real conversations that offer real advice on how to improve your leadership and the health of your organization. ”At the Table With Patrick Lencioni” does not feel like a podcast but a conversation around the kitchen table between a leader and his team.

2

”The Unstoppable Franchisee” is jam-packed with the real-world experience of franchisees who have grown their business in some of North America’s largest franchise brands as well as smaller brands that are seizing opportunity in a fast-changing economic environment. Gary Prenevost delivers an actionable eight-step framework any franchisee can adopt to achieve next-level growth for their franchise. Prenevost’s deep knowledge of the industry, having created successful franchises himself, complements the more than 50 industry voices and current research and data that inform the numerous valuable and actionable ideas.

Mailchimp is an all-in-one marketing platform built for small businesses. With tools like reporting and analytics, marketing CRM, email campaigns, newsletters and content management, you can put your customers at the center so that you can market smarter and grow your business faster.

3

7

Gallup presents the remarkable findings of its revolutionary study of more than 80,000 managers in ”First, Break All the Rules,” revealing what the world’s greatest managers do differently. With vital performance and career lessons and ideas for how to apply them, it is a must-read for managers at every level.

The “Customer

8

Service Secrets

Podcast” is devoted to sharing highly coveted secrets from customer service, customer support and customer experience professionals across industries. The host of this podcast, Gabe Larsen, shares his own experiences in the customer service and customer experience space while also drawing on the knowledge of experts and thought leaders who are making strides in their various fields.

9

In ”Humble Leadership:

The Power of Relationships, Openness

and Trust,” bestselling authors and fathers of organizational culture studies, Edgar Schein and Peter Schein trailblaze with a creative perspective on leadership that encourages vulnerability and empathy as a form of strength. S

THE SCORE | 2022 Issue 4 15

Years of Buffalo Wild Wings 40 40 Years

Buffalo Wild Wings® is one of the most iconic restaurant brands in the United States. 2022 marks the 40-year anniversary of the brand, and this year also marks the 30-year anniversary of the concept as a franchised company. With all of these important milestones, it only seemed appropriate to take a look back through B-Dubs’ history. The brand has changed over the years, but its reputation as a place where friends and communities can come together and have a good time remains the same.

1982 1982

Jim Disbrow and Scott Lowery, two long-time friends, are inspired by a lack of buffalo wings in their area.

Wanting to bring a taste of New York to Ohio, they found Buffalo Wild Wings & Weck (bw-3) and opened its first location in Columbus, Ohio.

It’s in the name: The main components of the first menu are buffalo wings and weck, a traditional, New York sandwich with thinly sliced beef on a kimmelweck bun.

The original bw-3 menu. 1983

Throughout the rest of the decade, six more locations are added in Ohio, Indiana and Steamboat Springs, Colorado, where the partners liked to ski.

1983

Mark

The interior of a bw-3 in the 1980s.

2022 Issue 4 | THE SCORE 16
Founders Jim Disbrow and Scott Lowery. Lutz joins the duo as a partner.
1989 1989

The original Buffalo Wild Wings logo.

1990 1990

The chain becomes incorporated under the name bw-3 Franchise Systems Inc.

1991 1991

The franchise concept is introduced and planned with Francorp, a Chicago-based law firm that has helped to franchise many fast-food chains.

1992 1992

This year marks the 10-year anniversary of the brand.

The first franchised location opens. In July, Dave Kajganich becomes the first BWW franchisee and opens his first location in Cleveland, Ohio.

1995 1995

The company unveils a free-standing outlet model that seats 190 in a 5,000- to 7,500-square-foot space. A noticeable change is that the bar and dining area are clearly separated, a strategy by the brand to transition from a small-town college sports bar to more casual dining.

1993 1993

The chain grows to 14 locations, mainly concentrated in Ohio.

bw-3 locations after renovations in the 1990s.

Buffalo Wild Wings National Franchisee Association (BWWNFA) is incorporated as a way for Buffalo Wild Wings franchisees to work directly with BWW corporate.

1994 1994

There are now 30 restaurants, 25 franchised and five company-owned.

Near the end of 1994, Sally Smith is hired to serve as chief financial officer, initially on a part-time basis. Smith completely overhauled the company’s finances and later was able to get the brand on track to make record profits.

THE SCORE | 2022 Issue 4 17
Kajganich (right) and former college and NFL football coach, Lou Holtz, in 2018. Sally Smith.

1998 1998

The company’s name changes from Buffalo Wild Wings & Weck to Buffalo Wild Wings Grill & Bar to standardize branding.

1996 1996

In August, Smith becomes president and CEO while Disbrow serves as chairman of the board.

The chain now has 75 restaurants with 65 of them being franchisee-owned.

The brand begins advertising with the slogans “Eat, drink and be messy,” and “Be on a first-name basis with your dry cleaner.”

Short TV-spots start appearing on cable networks such as ESPN, Fox Sports, MTV, VH-1, Lifetime and CNN.

Shots from one of the first Buffalo Wild Wings ads to air on television.

2000 2000

BWW begins testing new sauces, including Cajun, Thai and Caribbean Jerk-style. Thai Curry and Caribbean Jerk are added to the menu permanently.

The restaurant is now in 19 U.S. states and opened its first location in its namesake, Buffalo, New York.

1999 1999

1997 1997

The corporate headquarters moves from Cincinnati, Ohio, to Minneapolis, Minnesota.

BWW® drops the “commissary,” a distribution center where franchisees purchased food for their restaurants up until this point.

The 100th Buffalo Wild Wings location opens in Apple Valley, Minnesota, and there are now 23 company-owned locations.

2001 2001

At the beginning of 2001, 140 chains are now open, and 18 more will open by the end of the year.

The corporation changes its name to Buffalo Wild Wings International Inc.

2001 marks the beginning of exponential growth for the brand.

2022 Issue 4 | THE SCORE 18

2002 2002

This year marks the 20-year anniversary of the brand.

199 Buffalo Wild Wings sports bars are open. Founder Jim Disbrow passes away in October. Smith stays on as CEO, and Lowery serves as vice president of franchise construction.

2003 2003

Boneless wings join the menu. The brand updates its advertising, focusing on appetizers. The campaign slogan is “Twelve tasty appetizers. Go crazy!”

Buffalo Wild Wings becomes a publicly held company.

Popcorn shrimp is added to the menu, along with two chicken sandwiches (the BBQ bacon chicken and buffalo ranch).

The chain breaks into the California market. BWWNFA holds its first franchisee conference in Indianapolis, Indiana.

2004

2004

Technomic Inc. names Buffalo Wild Wings one of the top 10 fastest-growing restaurant chains in the country with 306 sports bars in 31 states.

Over half of the locations across the country are franchised locations.

A new restaurant prototype opens in Irving, Texas, with updated branding and décor. The most noticeable change is an upgrade to the building exterior featuring a prominent tower above the restaurant roof that is yellow and black with a black-and-white checkerboard.

Elevanta, then called National Association Management Group, becomes BWWNFA’s association management company.

Cosmetic updates made to the exterior of BWW sports bars.

2005 2005

The buffalo ranch chicken sandwich.

The BWWNFA quarterly publication, The Blaze, makes its debut.

Buffalo Wild Wings launches its first national marketing campaign.

In September, it launches its second national marketing campaign on ESPN which includes two commercials and a new tagline, “You have to be here.”

Shot from the 2006 ad campaign.

The original bw-3 location in Columbus, Ohio, closes.

The BWWNFA changes its name to National Association of Buffalo Wing Franchisees (NABWF).

THE SCORE | 2022 Issue 4 19
Iconic BWW commercials, “Heaven” and “The Interview.”
2006
2006

There are now over 500 stores nationwide, and 560 stores by the end of the year. NABWF changes its association name to Buffalo Wings National Franchisee Association (BWNFA).

Buffalo Wild Wings sauces are featured on the Food Network series “Unwrapped.”

2007 2007

To celebrate 25 years, a new flagship location opens down the street from where the original store was.

The term “B-Dubs” is trademarked. The brand is added to Forbes magazine’s list of the “200 Best Small Companies.”

BWNFA changes the name of its quarterly publication from The Blaze to The SCORE, the name it still has today.

This year marks the 30-year anniversary of the brand.

The brand announces the plan to expand into Canada, marking its first international venture.

Nation’s Restaurant News names Smith Operator of the Year.

The brand name drops “grill and bar” to become what it is today: Buffalo Wild Wings. This is reflected in the company’s logo.

The first Buffalo Wild Wings Bowl game is in December. The Texas Christian University Horned-Frogs and the Michigan State Spartans compete.

The brand signs two franchise agreements for restaurants in the Middle East and Puerto Rico. The first BWW sports bar in Alaska opens in Anchorage.

The downtown Columbus, Ohio, sports bar in 2022. Photo courtesy of Google Maps.

Smith wins the IFMA Gold Plate Award.

The chain is on Fortune’s “100 Fastest Growing Companies” list for the second year in a row, moving up to the 82nd spot.

Smith is recognized by the International Foodservice Manufacturers Association (IMFA) with the Gold Plate Award for outstanding and innovative talent in food-service operation.

There are 652 Buffalo Wild Wings locations by the end of the year.

2011 2011

A new term, “Tablegating,” is used in ad campaigns.

Buffalo Wild Wings is featured on tv show “Bloomberg Enterprise.”

The first Canadian location opens in Ontario.

Wing Tuesday ad from 2011.

The chain has sold over a billion wings. Two fundraisers, Home Team Advantage and Eat Wings, Raise Funds, are introduced to connect BWW restaurants to local sports teams and community groups.

2022 Issue 4 | THE SCORE 20
2008 2008
2009 2009 2010
2010
2012 2012

The 1,000th store opens.

Restaurants get

technology updates like tableside tablets where guests can pay at their tables and handheld tablets for servers to take orders.

After investing in PizzaRev, a fast-casual restaurant where guests can build their own pizza, the previous year, the brand opens two restaurants in Minnesota.

The brand also buys majority stakes in Rusty Taco, later renamed R Taco, a chain founded in Texas.

BWNFA repurposes the association to become Franchise Business Services (FBS). Wray Hutchinson is elected as chair and Mark Jones as vice chair.

FBS celebrates the 10-year anniversary of its annual summit.

Two Buffalo Wild Wings Citrus Bowl games happen this year. The January game saw the Michigan Wolves win against the Florida Gators, and the LSU Tigers beat the Louisville Cardinals in the December game.

The brand announces plans to expand R Taco into 13 new markets.

The iconic weck sandwich returns to BWW for a limited time.

Arby’s announces merger with Buffalo Wild Wings and acquires the company for approximately $2.9 billion.

To celebrate 35 years, BWW introduces an anniversary menu featuring a weck sandwich — a callback to the company’s roots.

The company pilots B-Dubs Express, an on-the-go way to enjoy Buffalo Wild Wings.

The Blazin’ Rewards Loyalty Program rolls out nationwide.

Buffalo Wild Wings makes a sponsorship deal with the NCAA to be the “official hangout” of the March Madness men’s basketball tournament.

The first location in Mexico opens in Chihuahua.

BWW Corporate buys 41 franchisee-owned locations across Texas, New Mexico and Hawaii.

The first BWW in the Middle East opens in Dubai.

The Dubai location in 2022.

THE SCORE | 2022 Issue 4 21
2013 2013
2014 2014
2015 2015
2016 2016
2017 2017

The new parent company of Arby’s and BWW is announced: Inspire Brands.

Paul Brown becomes CEO of Inspire Brands.

Paul

Lyle Tick is now the president of Buffalo Wild Wings.

Lyle Tick.

The BWW logo gets a revamp, becoming the logo we know today.

Buffalo Wild Wings hosts the World Armwrestling League.

The brand brings back Wing Tuesdays (featuring half price traditional wings), one of its original claims to fame.

The first Buffalo Wild Wings GO store opens in Atlanta, Georgia.

Riot Games announces the League of Legends Championship Series (an e-sports competition) and partners with Buffalo Wild Wings.

Buffalo Wild Wings announces the first annual Blazin’ Games, a nine-month competition where 1,200 teams from across the brand compete to earn the most points by reaching certain objectives. The top 10 teams advance to the final round in Las Vegas in late October during the Buffalo Wild Wings National Convention.

A robot called “Wingy” is brought into the Buffalo Wild Wings Innovation Center in Atlanta for testing in a real-world kitchen.

2021 Blazin’ Games winners, The Real Team Members of Pewaukee from sports bar No. 209.

Two pizza varieties join the menu as well as bird dawgs, a mashup between a hot dog and chicken tenders.

The brand launches a happy hour menu for the first time.

BWW partners with the Jets’ Ahmad Gardner to create the “Sauce Sauce”, a limited-edition sauce flavor inspired by the football player.

James Bitzonis is elected as FBS chair, and Roz Mallet is elected as vice chair.

Wingy in action.

2022 Issue 4 | THE SCORE 22
2018 2018
Brown.
2019 2019 2020 2020
2021
2021
2022 2022
Ahmad “Sauce” Gardner.

The Actions of Leadership: Reinvigorate Yourself Reinvigorate

Leadership is rewarding. Sometimes. But oftentimes it is physically and emotionally draining. Trying to influence how other people think so they make decisions that improve results in a sustainable way is HARD WORK. It requires sustained, consistent focus over a very long period of time. Contrary to what might be popular belief, you can’t just Instagram or Snapchat your way to effectively influencing how other people think. It takes time and effort and many, many trial-and-errors to effectively change how people think. Consider how long it took to get cigarette smoking in restaurants to be seen as a major health hazard for everyone in

the building.

Consequently, leaders need to be reinvigorated on a regular basis. If they don’t pause to refresh their energy, they can easily fall into a host of bad habits that can do great damage to their health and their reputation.

Develop a Reinvigoration Plan

Guess what? No one is going to develop a reinvigoration plan for you. No one can make you walk away from your work

THE SCORE | 2022 Issue 4 23
Continued on page 24

and go play golf. It’s quite the reverse. You need to take responsibility for doing things that reinvigorate you. And the key is that you do what works for you, not for other people.

For example, playing golf is a great reinvigoration for some people, but for others it would be an awful experience.

Right now, before you run off to yet another meeting, take out a sheet of paper and start to write down what reinvigorates you. Make a list of six to 10 items.

Okay, stop reading this article, and write down on a piece of paper your six to 10 items that you can do to help reinvigorate yourself.

Keep writing.

Ok, now read over your list. Select at least one item that you will do today. Then select one item you will do tomorrow.

Ok, now write those two items on your calendar, one for today and one for tomorrow.

When that time shows up, actually go and do those activities.

Tomorrow, after you do the activity you wrote down for that day, write down what you will do each day for the next three days to reinvigorate yourself.

If you don’t write it down, you will likely lose your focus on these incredibly important activities. And then three days will go by, and you will have done nothing to reinvigorate yourself. And then burnout and bad eating habits and crankiness and other negative habits will return. And then you will be less of a leader than you are capable of being.

And now I’m off for my daily walk. S

www.thecoughlincompany.com.

2022 Issue 4 | THE SCORE 24 CONTACT CANDIDA BANTI, NATIONAL ACCOUNTS MANAGER, SAZERAC COMPANY FOR PROMOTIONAL INFORMATION FOR YOUR FRANCHISE. C: 415.302.0202 CBANTI@SAZERAC.COM P LEASE DRINK RESPONSIBLY • ©2022 Sazerac Company Inc., Louisville, KY PINT COCKTAILS FOR THE WIN! YOU COULD INSTANTLY WIN $200 TOWARDS TICKETS TO THE GAME OF YOUR CHOICE SCAN HERE
Leadership
Make your list of six to 10 reinvigorating things you can do for yourself. Schedule those items. Do those items when they come up on your schedule.
Since 1998, DAN COUGHLIN has worked with serious-minded leaders and executives to consistently deliver excellence. He provides executive coaching, leadership and executive development group coaching programs and seminars to improve leadership and management performance. His topics are personal effectiveness, interpersonal effectiveness, leadership, teamwork and management. Visit his free Business Performance Idea Center at
Continued from page 23 So…

I.T. PAIN POINTS SLOWING YOU DOWN?

I.T. PAIN POINTS SLOWING YOU

DOWN?

Retail Tech Inc. Is Simplifying POS Hardware and Store Systems for Retailers Like You Across North America!

Retail Tech Inc. Is Simplifying POS Hardware and Store Systems for Retailers Like You Across North America!

More than 22 years ago, two industry-focused entrepreneurs set a goal to provide a rapid - response, low-cost solution for point-of-sale hardware services.

More than 22 years ago, two industry-focused entrepreneurs set a goal to provide a rapid - response, low-cost solution for point-of-sale hardware services.

Still being led by its founding team, and now complimented with strategic additions of other industry experts, customer commitment and its incredible level of service, Retail Tech Inc. (RTI) has evolved into an industry leading, full-service store systems hardware and solutions provider.

Still being led by its founding team, and now complimented with strategic additions of other industry experts, customer commitment and its incredible level of service, Retail Tech Inc. (RTI) has evolved into an industry leading, full-service store systems hardware and solutions provider.

That team of two has grown to include more than 250 employees in 21 states, focused on delivering their promise to their valued customers around the world with the mind-set that no project is too big.

That team of two has grown to include more than 250 employees in 21 states, focused on delivering their promise to their valued customers around the world with the mind-set that no project is too big.

RTI excels in everything from system integration, logistic services, imaging, configuration and staging services to installation, in-store field services/maintenance, project management and customer support. They truly are a full store system solutions provider.

RTI has built strong relationships with top manufacturers such as Toshiba, Epson, Elo, HP, NCR and Zebra to allow for competitive pricing on superior products, services and support, as well as hardware buy-back to ensure each retailers’ needs are met.

RTI has built strong relationships with top manufacturers such as Toshiba, Epson, Elo, HP, NCR and Zebra to allow for competitive pricing on superior products, services and support, as well as hardware buy-back to ensure each retailers’ needs are met.

RTI’s integration and repair centers are fully staffed with seasoned technicians who have the benefit of possessing knowledge and experience with both POS hardware and classic technology, allowing RTI to roll out your refresh or stretch your budget a little further.

RTI’s integration and repair centers are fully staffed with seasoned technicians who have the benefit of possessing knowledge and experience with both POS hardware and classic technology, allowing RTI to roll out your refresh or stretch your budget a little further.

Through RTI’s partnerships, most POS Hardware can be repaired and refurbished under the original manufacturer warranty or for a reasonable flat rate.

Through RTI’s partnerships, most POS Hardware can be repaired and refurbished under the original warranty rate.

The RTI objective is simple: Provide quality point-of-sale equipment and solutions to every customer, every time. It's an objective every member of the RTI team takes to heart.

The RTI objective is simple: Provide quality point-of-sale equipment and solutions to every customer, every time. It's an objective every member of the RTI team takes to heart.

As a trusted partner of Buffalo Wild Wings® Corp. for almost 20 years, RTI is also conveniently located right down the road from corporate headquarters and genuinely represents its homestate motto, “Minnesota Nice ”

As a trusted partner of Buffalo Wild Wings® Corp. for almost 20 years, RTI is also conveniently located right down the road from corporate headquarters and genuinely represents its homestate motto, “Minnesota Nice ”

RTI welcomes every opportunity to create a personalized store systems solutions for all.

RTI welcomes every opportunity to create a personalized store systems solutions for all.

So, whether it’s the need for a new hardware roll out, new store cabling, de-installation services or a technician to meet a replacement terminal that RTI has prepared through one of its convenient Advance Exchange offerings, RTI is the right partner!

So, whether it’s the need for a new hardware roll out, new store cabling, de-installation services or a technician to meet a replacement terminal that RTI has prepared through one of its convenient Advance Exchange offerings, RTI is the right partner!

Reach out and ask how RTI can support your I T infrastructure, reduce the number of vendors you use and cut your I.T. spend!

Reach out and ask how RTI can support your I T infrastructure, reduce the number of vendors you use and cut your I.T. spend!

Retail Tech Inc. is an Emerald partner member of Franchise Business Services. The company may be reached at 952-224-4327 or retailtechinc.com.

RTI excels in everything from system integration, logistic services, imaging, configuration and staging services to installation, in-store field services/maintenance, project management and customer support. They truly are a full store system solutions provider.

THE SCORE | 2022 Issue 4 25
FBS 2022

Don’t Get Burned by Pay Transparency

Employee pay has been in the news a lot lately. Much of the news coverage has focused on inflation, wage increases, employee bargaining power and the like. In addition, with a new law in New York City having gone into effect with a twist that it is expressly intended to cover any job that “could” be performed in the city, many companies are now worried that they are now subject to penalties in NYC … even if they do not do business or have any facilities there. The resulting press coverage could lead you to think that pay transparency laws are uncommon, but in fact, some versions of these laws have been in effect in a number of states and cities beginning in at least 2017.

Because of the increased scrutiny on the employment experiences of women coming out of the early days of the #MeToo movement, more emphasis has been made on addressing pay discrimination based on sex. While there is some debate regarding the degree and extent of sex-based pay differences, a defense used by many employers over the years when there is a claim of lower pay based on sex has been that the employee’s initial pay was based on the applicant’s salary history and/or the failure to ask/negotiate for a higher salary. These defenses have been

2022 Issue 4 | THE SCORE 26

condemned as essentially being nothing more than a continuation of prior discrimination: that is, the applicant had lower pay in the past because of sex discrimination and is thus victimized again when that past discrimination is a basis for a lower pay offer or the failure to seek a larger increase in pre-hire negotiations. In fact, a number of court cases have rejected this defense.

As a consequence of the debate over the potential impact salary history may have on perpetuating sex discrimination, a number of states and cities have passed laws limiting an employer’s ability, especially in the case of new hires, to utilize or otherwise rely upon an individual’s pay history in deciding whether to hire the applicant and in setting pay. For example, the following states have laws preventing an employer from asking about salary history and/or banning use of salary history: California (also San Francisco), Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Nevada, New Hampshire, New Jersey, New York, Ohio, Oregon, Rhode Island, Vermont, Virginia and Washington. In a number of states, cities or counties may also have similar limitations, like Philadelphia, Pennsylvania, or Toledo, Ohio, among others.

As with the recent law in NYC, some states and local jurisdictions not only ban inquiries and/or use of salary history in the employment process, but they also require disclosure of pay ranges for a position. While Colorado and NYC take this disclosure requirement further than most by requiring job postings/advertisements to include the salary range, in most jurisdictions requiring employers to disclose the pay range, that obligation is triggered by the applicant asking for that information.

The expectation is that more states and local governments will pass laws addressing salary history and/or disclosure of pay ranges. What does this mean for you? First, check to see whether you have any employees working in a state with a pay transparency law. If so, make sure you comply with that jurisdiction’s requirements. Second, if you request pay history information as part of your employment application or during the interview process, consider why you are seeking that information and whether it is really needed. As I noted earlier, if you are using it to set pay, that could set you up for a pay discrimination claim even if state law did not expressly prohibit you from doing so. Finally, when setting pay, while no set formula is necessary, you should only use factors that are gender and race neutral such as educational background, certifications/licenses, years of employment experience, years with specific job experience and the like. You should know in advance how much you are willing to pay whomever you hire.

Pay issues are likely to stay in the news a while longer, and the expectation is that pay transparency laws will continue to expand. Proactively anticipating the continued emphasis and attention on pay equity are important steps to prevent getting burned by a claim in the future. S

DOUGLAS H. DUERR is a partner at Elarbee Thompson, a national labor and employment law firm with an industry practice area focused on franchisees. Learn more at www.elarbeethompson.com.

THE SCORE | 2022 Issue 4 27 HAZELNUT ESPRESSO MARTINI Frangelico® Liqueur. 20% alc./vol. (40 Proof). ©2022 Campari America, New York, NY. Please enjoy responsibly. GIVE YOUR ESPRESSO MARTINI A HAZEL–NUTTY TWIST! SCAN FOR RECIPE

Preventing Fraud From the Counter to the Computer

Not a day goes by without some sort of news story about theft and fraud. We’ve all experienced fraudulent emails and text messages from criminals who intend on stealing our money and identities. However, opportunities for fraud are everywhere, not just in cyberspace.

In the restaurant business, your best defense is to institute good controls. Good controls keep honest people honest. Temptation overcomes an “honest” individual at the intersection of need, opportunity and the ability to rationalize an action. We can’t do anything about an employee’s financial need or their penchant for rationalization, but we can take steps to minimize the opportunities for theft within our organizations.

Here are some ideas to institute within your restaurant:

• Have working cameras at the back door and in the storage area.

• Count high-value items frequently.

• Managers should count inventory.

At the point of sale:

• Institute random drawer counts. Employees who commit fraud often do so once they’ve learned the routine. Be disruptive with random checks.

• Observe employees as they ring up sales.

• Install cameras over the point-of-sale area.

• Train and coach employees on procedures and best practices.

• Monitor credit card refunds.

• Closely monitor change orders to ensure funds aren’t diverted.

At

the back door and in storage areas:

• Check in deliveries.

• Put away food and supply orders immediately.

• Watch out for red flags and inconsistencies. Is there an employee who issues a higher level of refunds or voids more sales compared to others?

• Routinely review employee meal transactions.

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In the back office:

Fraud in your back office can take many forms. We’ve seen employees who initiated ACH transfers from the business account to pay their personal utility bills, others who set up “ghost employees” whose wages were directly deposited into personal bank accounts and bank deposits that never actually made it to the bank. How can you catch this kind of fraudulent activity?

First, know your employees. Have your managers frequently review employee rosters to ensure that all employees actually work for your organization and aren’t fictitious.

Second, pay attention. Watch for employees whose financial circumstances change. Are your employees living within their means? How about that “loyal” back-office employee who never wants to take time off? In some cases, that’s an employee who doesn’t want their financial fraud uncovered in their absence.

Third, be careful about delegating. It’s great to have trusted employees who can take tasks off your plate but be careful how much access and authorization you give to them. For instance, don’t share passwords to your email, your bank accounts or your voicemail. It’s okay to allow others “read only” access so they can screen out messages you don’t need, however, giving other people the ability to pose as you can open you up for fraud. Whatever you do, don’t allow others to sign your name on business or personal documents.

Fourth, institute good internal control procedures. It’s important to have procedures and processes that separate financial responsibilities within your organization. For example, the person who pays bills from the business account shouldn’t be

the same person who reconciles the bank account. The person who makes the bank deposit shouldn’t be the same person who verifies that the correct dollar amount of expected deposits actually made it to the bank.

Fifth, communicate frequently. Relay to your new and existing employees that theft and fraud won’t be tolerated within your organization.

Lastly, there are external threats from cyberattacks … Train your office employees to never click on links or open attachments in suspicious emails and to consider every email suspicious! Make sure procedures are in place to protect confidential information about your organization and your employees. When a request for information comes in, have employees independently verify whether it’s a legitimate request. For instance, if an email comes in from your “bank” asking you to click a link to go to your account, pick up the phone and call the bank (using the phone number on their trusted website rather than in the email) to confirm the request is valid.

You work hard to make your organization profitable, so take these steps to keep what you make! S

Mize CPAs Inc. is a full-service accounting firm that has provided the Elevanta accounting and payroll solution since 2003.

Payment Solutions That

THE SCORE | 2022 Issue 4 29 © 2022 Netspend Corporation. All rights reserved worldwide. All other trademarks and service marks belong to their owners.
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Business

Employment Practices Claims and Your Franchise

Employment practices liability insurance protects your business from common claims and lawsuits brought by your employees. The number of lawsuits in the industry is rising, and the cost to defend yourself against a claim can be substantial. Now more than ever, it’s important to make sure your business is protected.

Before you can protect your business from an employment practices claim, it is important to understand the different types of claims that can be filed against your business. Consider these four common claims:

4 Common Employment Practices Claims

1Hostile Work Environment

A hostile work environment creates a workplace environment that the average person would find intimidating, hostile or even abusive. A hostile work environment is more than having an annoying coworker or even experiencing isolated incidents of a prohibited behavior. For a hostile work environment claim to apply, the behavior must be:

• Severe, persistent and pervasive.

• Disruptive to performing work duties.

• Known to the employer but not remedied.

Victims can include not only the targeted individual but others whose work suffers because of the behavior. The person causing a hostile work environment may be a supervisor, coworker or non-employee, such as a vendor or regular customer.

Preventing a Hostile Work Environment:

• Have policies and procedures in place for worker conduct and behavior.

• Train supervisors and employees on proper prevention and remedies.

• Take appropriate corrective action once a discriminatory situation becomes known.

• Avoid any retaliation against the workers who reported or witnessed the behavior.

2 Sexual Harassment

Sexual harassment claims are also common in the franchise industry. These claims can result when employers or others:

• Make inappropriate sexual comments toward an employee.

• Ask inappropriate sexual questions about their personal life.

• Make unwanted sexual advances toward an employee.

• Request sexual favors from an employee.

A claim of sexual harassment does not need to meet the same severe and pervasive standards as a hostile work environment claim. A claim can be made when management becomes aware of the issue but fails to take adequate steps to address and stop the behavior.

Preventing Sexual Harassment Claims:

• Develop and enforce safe workplace policies for all employees.

• Train supervisors and employees on behavioral expectations.

• Monitor operations to ensure a safe workplace.

• Act quickly to remedy harassment that is reported or witnessed.

• Avoid any retaliation against the harassment victim or witnesses.

3 Quid Pro Quo

Quid pro quo is a Latin phrase used to mean an exchange of one thing for another. A quid pro quo claim is a specific kind of prohibited workplace discrimination where a manager or

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supervisor offers employment or promotion to an employee in exchange for:

• Sex

• Sexual contact

• Sexual favors

Preventing Quid Pro Quo:

• Develop specific policies and procedures for managers and supervisors.

• Train supervisors and employees on prevention and reporting.

• Investigate all complaints and take appropriate action as needed.

• Avoid any retaliation against the victim or witnesses of the harassment.

4

Protected Characteristics

Federal equal employment opportunity laws prohibit employment discrimination based on several protected characteristics:

• Race

• Color

• Religion

• Sex (including pregnancy, sexual orientation or gender identity)

• National Origin

• Age (aged 40 or older)

• Disability

• Genetic information (including family medical history)

The protections apply to job applicants during the hiring phase, employees during their employment and former employees after leaving employment.

Preventing Protected Characteristics Claims

• Develop documented employment procedures and job descriptions.

• Plan for job postings, application screening and candidate interviews.

• Review key employment law provisions including prohibited questions.

• Avoid interview questions that are not directly related to the job.

• Hire based on eligibility and qualifications.

• Create an employee handbook with all workplace policies and procedures.

• Document everything in writing, including absences, conduct and performance.

• Document performance and code of conduct violations.

• Fire according to your documented policies.

Employment Practices Liability Insurance for

Your Franchise

Claims for hostile work environment, sexual harassment, quid pro quo and protected characteristics can be minimized with the right steps. However, it’s possible to receive a claim even when you have done nothing wrong.

For this reason, Employment Practices Liability Insurance coverage (EPLI) is also key for protecting your business. With EPLI coverage from Lockton Affinity, your franchise is protected

from these and other employment practices claims. Find out more and learn how to protect your practice with EPLI coverage from Lockton Affinity at Elevanta.LocktonAffinity.com. S

Please note: The information provided by Lockton Affinity is for your consideration and should not be construed as legal advice.

The Elevanta Insurance Program is administered by Lockton Affinity, LLC d/b/a Lockton Affinity Insurance Brokers LLC in California #0795478. Coverage is subject to actual policy terms and conditions. Policy benefits are the sole responsibility of the issuing insurance company. Coverage may be provided by an excess/surplus lines insurer which is not licensed by or subject to the supervision of the insurance department of your state of residence. Policy coverage forms and rates may not be subject to regulation by the insurance department of your state of residence. Excess/Surplus lines insurers do not generally participate in state guaranty funds and therefore insureds are not protected by such funds in the event of the insurer’s insolvency. Elevanta will receive a royalty fee for the licensing of its name and trademarks as part of the insurance program offered to the extent permitted by applicable law.

THE SCORE | 2022 Issue 4 31

The Customer Is Not Always Right.

2022 Issue 4 | THE SCORE 32

Most of us have grown up with the adage, “The customer is always right.” Well, if you’ve been in the real world for any time at all, you know that the customer is often wrong. They didn’t see the sign, read the directions, arrive on time, buy the right part, give the right specifications, etc, etc. Companies screw up often enough but so do customers.

When I was working at Disney World, our philosophy was; “The guest may not always be right, but they will always be our guest.” A Disney colleague, Jim Cunningham, put it better when he said, “The guest may not always be right, but let’s allow them to be wrong with dignity.”

I love the way Jim put it. Letting the customer maintain his or her dignity in an uncomfortable or embarrassing situation is the sign of a professional. It’s easy to roll your eyes or somehow flaunt your knowledge or authority. But it’s a better business decision to ensure the customer’s dignity.

A favorite question most Disney cast members are asked is, “What time is the 3 o’clock parade?” On the surface, it seems like a ridiculous question, and it might be tempting to let the guest know just how ridiculous the question is.

But cast members know that what the guest is really asking is, “What time does the 3 o’clock parade arrive here?” The parade route is a mile long and while it starts at 3 p.m., it doesn’t arrive at some locations until 3:30 p.m.

The secret to maintaining the customer’s dignity is to understand the thought process behind the question or the situation-behind-the-situation. When a customer asks a clearly

Cheers with no alcohol

costumed or uniformed employee, “Do you work here?” what he’s really asking is, “Can you help me?”

When a customer enters the parking lot through the exit, he’s more than likely confused and not purposely breaking the rules.

Too many employees see such situations as an opportunity to belittle or ridicule. But those who handle the situation with compassion are the ones who see the big picture and generate customer loyalty. And they’re appreciated.

“The customer may not always be right, but let’s allow them to be wrong with dignity.” S

DENNIS SNOW is the president of Snow & Associates Inc. Dennis worked with The Walt Disney Co. for 20 years and now consults with organizations around the world, helping them achieve their customer service goals. He is the author of “Unleashing Excellence: The Complete Guide to Ultimate Customer Service” and “Lessons From the Mouse: A Guide for Applying Disney World’s Secrets of Success to Your Organization, Your Career, and Your Life.” You can reach Snow at 407-294-1855 or visit his website at www.snowassociates.com.

THE SCORE | 2022 Issue 4 33
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Dennis Snow

What’s Next? Four Productivity Predictions for 2023

The best way to predict the future is to create it.”

Making predictions about the future of productivity can be dangerous business. Remember all those people who predicted that the Internet would be a flash in the pan? Yeah, me neither. What I do remember is how wrong they were. That said, I’m going to make a few predictions about what might happen in 2023 in the productivity field based on what we’re all hearing lately.

1Inflation will continue to eat at your productivity. Inflation has many causes, so we’re not looking to blame it on anyone here. As prices for everyday costs like food, housing and energy rise — some substantially — your dollars buy less, especially when pay doesn’t rise as fast as costs do, which has been the case for decades. This hurts both individuals and businesses. When business and labor costs rise, productivity — rate of output (i.e., profit) per unit of input — inevitably drops. Until the Fed gets its act together and

President Biden’s Inflation Reduction Act begins to work, we won’t tame inflation anytime soon — especially if it rises globally, as seems to be the case. That’s the bad news, but the next few points seem more positive.

2Remote work will continue to be common and likely increase. Many knowledge workers have already proven that it works for them, and they’re just as productive as ever, if not more so. They get to work in comfortable environments, spend more time with family and spend less on childcare, and their commute is measured in steps rather than miles and wasted time. If you can do your work in the time required, does it matter where you do it? You may sacrifice face time with co-workers, but that’s what Zoom and GoTo are for. Only office planners really like the open office or cube farm concepts anyway. Besides, less real estate used means less rent, which increases fiscal productivity.

2022 Issue 4 | THE SCORE 34

We will see more freelancers. In a phenomenon related to prediction No. 2, as employers demand workers to return to the office, I expect to see the Great Resignation continue as happy remote workers refuse to return for the above reasons. They may have to pay for their own insurance and have few benefits, but this isn’t always a big deal for younger workers, and often contractors can nab larger per-hour wages because they do have to take care of their own benefits. As more people become contractors and tap into the gig economy, I’d expect to see more “digital nomads.” Some remote workers have already relocated to cheaper states and even cheaper countries. Their reasoning is that they can do remote work effectively almost anywhere — because they can.

We will see the first forays into VR conferencing. Forget Zoom and Skype. If Mark Zuckerberg has his way, virtual meetings will soon morph into a virtual reality service that Zuckerberg is investing in called Metaverse, so you put on your VR headset and meet your co-workers in a shared, virtual environment of your choice to discuss work topics and otherwise keep in touch. Whether this will win over those of us sick of seeing our colleagues on computer screens, some of whom may prefer phone conversations by this point, remains to be seen. Once it works, I suspect it will contribute to the predictions No. 2 and No. 3 above. We’ve already had a decentralized global workforce forming for the last few decades. Effective VR could accelerate this trend.

Working My Way Back to You

Looking back, price inflation seems inevitable to some economists, as many workers return to the global market with plenty of savings from the lockdowns of the pandemics while competing over fewer resources due to closed factories and other service providers. That will likely impact both individual and mass productivity in many disciplines. However, I think the pandemic has also freed workers in many ways by giving them more power to decide when and where they may work. This is not just to their benefit. With no commutes and fewer expenses, some workers may do the same jobs for less, and employers need not pay for nearly as much real estate and some benefits. In time, the productivity benefits should become obvious to all, and inflation won’t last forever. S

LAURA STACK, MBA, CSP, CPAE is an award-winning keynote speaker, bestselling author and noted authority on employee and team productivity. She is the president of The Productivity Pro Inc., a company dedicated to helping leaders increase workplace performance in high-stress environments. Stack has authored eight books, including FASTER TOGETHER: Accelerating Your Team’s Productivity (Berrett-Koehler 2018). She is a past president of the National Speakers Association and a member of its exclusive Speaker Hall of Fame (with fewer than 175 members worldwide). Stack’s clients include Cisco Systems, Wal-Mart and Bank of America, and she has been featured on the CBS Early Show and CNN and in the New York Times.

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2023 FBS Summit 7

Buffalo Wild Wings Foundation 13 cstranberg@inspirebrands.com foundation.buffalowildwings.com

Campari America 27 240-367-6137 www.campariamerica.com

Comcast Business 33 267-319-4335 Brian_Klinger@comcast.com

Ecolab 35 800-321-3687 bit.ly/bwwflex

Elevanta Health 3 678-797-5160 elevantahealth.com/fbs

Heineken 33 770-377-6959 www.heinekenusa.com

Lockton Affinity IB 844-403-4947 Elevanta.LocktonAffinity.com

McLane Foodservice Inc. IF 972-364-2050 lynn.modisette@mclanefs.com

Netspend 29 1-800-421-5613 businesspartnerships@netspend.com

New Belgium Brewing/Bell’s Brewery 27 910-638-3634 www.bellsbeer.com

Paulaner USA 35 845-702-8355 paulanerhpusa.com

PepsiCo BC 732-618-8578 www.pepsico.com

Retail Tech Inc. 11 952-224-4327 sjohnson@retailtechinc.com

Sazerac 24 415-302-0202 cbanti@sazerac.com

The Wasserstrom Co. 31 800-888-9963 wasserstrom.com

WyreStorm Technologies 24 631-901-9709 WyreStorm.com

* IF=Inside Front, IB=Inside Back, BC=Back Cover

2023 EDITORIAL CALENDAR

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ISSUE AD RESERVATION DEADLINE

PUBLICATION DATE 1 Feb. 3 March 2 June 9 July 3 Sept. 8 October 4 Nov. 10 December

CALL FOR FRANCHISEE NEWS

THE Issue 1 is due out March 2023. As always, we want to highlight any news or events associated with our members. If you have ideas for potential stories, please submit online at www.myfbsonline.org, email communications@myfbsonline.org or call 678-797-5160 by Feb. 3. Our editorial staff can assist in writing the article.

2022 Issue 4 | THE SCORE 36 ADVERTISERS GUIDE GUIDE

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Get a quote on your franchise insurance from Lockton Affinity and Elevanta. The Elevanta Insurance Program is administered by Lockton Affinity, LLC d/b/a Lockton Affinity Insurance Brokers LLC in California #0795478. Coverage is subject to actual policy terms and conditions. Policy benefits are the sole responsibility of the issuing insurance company. Coverage may be provided by an excess/surplus lines insurer which is not licensed by or subject to the supervision of the insurance department of your state of residence. Policy coverage forms and rates may not be subject to regulation by the insurance department of your state of residence. Excess/Surplus lines insurers do not generally participate in state guaranty funds and therefore insureds are not protected by such funds in the event of the insurer’s insolvency. Elevanta will receive a royalty fee for the licensing of its name and trademarks as part of the insurance program offered to the extent permitted by applicable law.
quickest New Year’s resolution As a business owner, you face a multitude of risks and protecting against those risks can be difficult because insurance is never a one-size-fits-all solution.
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