The SCORE, Issue 2, 2024

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THE MAGAZINE OF FRANCHISE BUSINESS SERVICES

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2024 ISSUE 2

Roz Mallet

New Chairman Spotlight: A Seasoned Leader Takes the Reigns PAGE 14

FBS Summit Recap PAGE 16

Learn new ways to use digital platforms to market to the modern customer.

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TABLE OF CONTENTS

2024 Issue 2

FBS Board of Directors Roz Mallet Chairman Ed Lynn Secretary/Treasurer Wray Hutchinson Chairman Emeritus Jenny Beaudoin Director

ON THE COVER

At the 2024 FBS Annual Summit, Roz Mallet succeeded Jim Bitzonis as chairman of the association. For a spotlight on the new chairman, see page 14. For a recap of this year’s Summit activities, see page 16. To learn how franchisees can use digital platforms to market to the modern customer, see page 22.

COLUMNS 2

Chairman’s Column

Brian Carmody Director

DEPARTMENTS

Steve Grube Director Mark Jones Director

4 FBS Member News 7 Calendar of Events 10 Look, Listen, Read 12 One Topic: 10 Facts 13 Congressional Spotlight: Roger Marshall (R-KS-1)

Bobby Pancake Director

FEATURES

Larry Podlogar Director

14 New Chairman Spotlight: Roz Mallet 16 FBS Celebrates 20 Years of the Annual Summit in Style in Palm Springs 22 Marketing Your Franchise & Building a Local Brand

by Jared Johnsen, FBS communications specialist 25 April is Good Citizens Month! contributed by the Buffalo Wild WingsTM Foundation 28 Understanding the 2024 Beneficial Ownership Reporting Requirements: What U.S. Businesses Need To Know contributed by Mize CPAs 30 Why Franchises Like Yours Need Business Owner’s Insurance contributed by Lockton Cos. 32 Thoughts on Excellence: Five Sustained Focused Efforts

by Dan Coughlin, The Coughlin Co. 34 Avoiding the Gutter: How Not To Embarrass Your Customers

by Danny Snow, Snow & Associates Inc. 36 The Process Pressure Points Are Personal

by David Allen, Getting Things Done 38 Maximizing Franchise Success: The Key To Reducing Labor Costs and Liability contributed by INFINITI HR

Chris Olexa Director Christy Williams Executive Director

FBS Editorial Board Rachel Jackson Editor-in-Chief rachelj@myfbsonline.org Jared Johnsen Communications Specialist jaredj@myfbsonline.org Tyler Ryan Communications Editor tylerr@elevanta.com

Advertising Sales Jeff Reynolds Director of Business Partner Relations jeffr@myfbsonline.org 678-797-5163

Design and Layout Kristen Thomas KT Graphic Design ktgraphicdesign@gmail.com

DIRECTORIES 8

Associate Member Listing

40 Advertisers Guide and Editorial Calendar

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

In keeping with our commitment to the environment, this publication is printed on certified, environmentally-friendly recycled paper using eco-friendly inks.

Franchise Business Services publishes The SCORE. 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.

Copyright© 2024

Printed in the U.S.A.

www.myfbsonline.org

Letter From the Chairman As we move past the 20th anniversary of the Franchise Business Services (FBS) Annual Summit, it is my hope that all participants returned home with newfound knowledge and strengthened dedication to our Buffalo Wild Wings® sportsbars.

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vents like the Summit are meant to remind all of us of the value of cooperation and mutual success that fuels the FBS community, and this spirit has guided my journey to leadership of the FBS Board.

When Jim Bitzonis took on the role of chairman two years ago, I was happy to accept the role of vice chairman in order to support the efforts of the franchise community. Over the course of our terms, the two of us worked with the FBS Board and with Inspire Brands on a range of issues that impact the success of the franchisee community. As the incoming chair, I am prepared to lead and work with the board to continue to improve communication within our organization and to be as timely as possible in updating you all on our focus areas when interacting with brand leadership.

The SCORE has historically been recognized as a resource for members

of the FBS community to not only see their stories, accomplishments and ideas highlighted and celebrated but to also learn more about new developments in our industry and in the world of franchising at large. This issue was crafted to fulfill one of the board’s core missions in communicating with FBS members: to share information that is both timely and valuable. This includes expertise regarding best business practices, small-business owners’ responses to persisting inflation in the U.S., the growing potential that lies in digital marketing strategies and more.

Moving forward, the board will continue to have conversations with Buffalo Wild Wings brand leadership concerning new strategies to improve the brand’s execution, use of technology, marketing effectiveness, product development and store development. We will continue to update you, the FBS community, on the impacts of issues

Roz Mallet FBS Chairman

like inflation, purchasing cost changes and legislative policy that may affect our businesses financially. We appreciate your responsiveness/feedback as we make efforts to hear and to understand your perspectives on the present and future of FBS, such as our recent survey.

As chairman, I am committed to maintaining this concerted effort between the board and FBS members to strengthen communication and promote growth for both our organization and our BWW® sportsbars. It is my pleasure to serve the FBS community, thank you for welcoming me as I take on this position of leadership.

Sincerely,

Roz Mallet Roz Mallet

MEMBER NEWS

High 5 Hospitality Gives Back: $3,100 Donation To Junior Achievement of the Eastern Shore

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hrough its recent participation in the nationwide Team Up for Kids fundraiser, Delaware-based restaurant group High 5 Hospitality donated $3,100 to Junior Achievement of the Eastern Shore.

Team Up for Kids is a tradition at Buffalo Wild Wings® locations across the nation, where each establishment rallies behind a local charity of their choice. This year, BWW® Salisbury, Maryland, selected the nonprofit organization Junior Achievement of the Eastern Shore as its beneficiary.

Junior Achievement of the Eastern Shore is dedicated to inspiring and preparing young people to succeed in a global economy.

Through experiential learning opportunities and mentorship programs, Junior Achievement equips students with the knowledge and skills they need to thrive in the workforce and beyond.

Their mission revolves around helping young people discover the possibilities in their lives by bridging the gap between classroom learning and real-world experiences. With a focus on financial literacy, work readiness and entrepreneurship, Junior Achievement’s programs align with national and state educational standards, reaching millions of students annually.

“We believe in the power of education and the potential of our youth,” said Nick Connolly, general manager of Buffalo

Pictured from left to right: Jimmy Gallagher (BWW® south multi-unit leader), Jayme Hayes (president and CEO of Junior Achievement of the Eastern Shore), and Nick Connolly (GM Salisbury BWW).

Wild Wings Salisbury. “We are thrilled to contribute to Junior Achievement’s initiatives and support the future leaders of our community.” S

High 5 Hospitality Donates To Harford County Education Foundation H

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igh 5 Hospitality (H5H) recently granted $1,700 to the Harford County Education Foundation, a local nonprofit supporting educational initiatives for Harford County Public Schools students.

The money was raised during Buffalo Wild Wings® Bel Air’s participation in the Team Up for Kids fundraiser in October, a nationwide campaign where Buffalo Wild Wings locations raise funds for local charities. Inspired by the foundation’s commitment to providing educational resources for students regardless of their economic circumstances, team member Nick Getz suggested Harford County Education Foundation as the recipient of High 5 Hospitality’s donation.

“Supporting education is a cause close to our hearts, and we’re thrilled to contribute to the foundation’s mission,” said High 5 Hospitality Chief Operating Officer Mark Trewartha.

“Their dedication to empowering students and educators aligns with our own values, and we’re honored to support their impactful work in our community.”

Founded in 2003, Harford County Education Foundation has grown into a vital community asset, investing in the education of over 38,000 youths in Harford County public schools.

The foundation provides educational resources, scholarships, mentoring programs, free school supplies for low-income students, grants for innovative classroom instruction and leadership programs for middle and high school students.

Left to right: Wade Sewell (HCEF board member), Deb Merlock (HCEF founder & president), Nick Getz (High 5 team member),Ting Tiao (Buffalo Wild Wings® multi-unit leader) and Mark Trewartha (High 5 Hospitality COO).

Harford County Education Foundation’s vision is to promote, build and support positive public relations and productive partnerships to increase student achievement and community pride. S

MEMBER NEWS

Basketball stars Malik and Kyreese Willingham standing with Mankato BWW® staff at their meet and greet.®

Mankato BWW Holds Meet-and-Greet for NCAA Basketball Stars B

uffalo Wild Wings® Mankato, Minnesota, owned by Two Joes Inc., has always been a supporter of Minnesota State University (MNSU) Mankato athletics. The partnership spans over 25 years and is the largest benefactor of the Mankato locations’ sponsorship marketing dollars.

With restrictions now lifted on name, image and likeness (NIL) agreements among NCAA athletes, BWW® Mankato entered into a direct partnership with members of the MNSU Mankato Men’s Basketball Team. Malik and Kyreese Willingham are just two of the all-star athletes on the team.

A meet and greet with the brothers was hosted by Buffalo Wild Wings Mankato and included photo opportunities, autographed trading cards, mascot appearances and the trophy that the team had recently won at the 2024 Northern Sun

Intercollegiate Conference (NSIC) Tournament.

The event was a huge success with fans lining up to meet the players for over an hour and staying to enjoy Buffalo Wild Wings legendary food and free beverages provided by the local Pepsi distributor.

Along with the event, the Mankato Buffalo Wild Wings location will appear as a sponsor in a local documentary being produced about Malik Willingham and his basketball journey as well as plans to partner with both brothers on influencer campaigns through their local social media.

The NIL agreement with these players has been a great starting point for connecting with the athletes directly and the Mankato location is already making plans to implement more partnership opportunities with the MNSU Mankato athletes in the future. S

BWW® Franchisee Connects the Foundation To the Children’s Home Society T 5 SCORE |

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he Children’s Home Society of South Hills campus one step closer to completion Dakota (CHS) has received a grant of and allow the wonderful work being done by $1,400 from the Buffalo Wild WingsTM CHS to positively affect even more families.

Foundation. The grant is intended to support I would like to thank the amazing team the renovation of the new CHS Black Hills members and guests at Buffalo Wild Wings campus. Matt Benne, CHS board member and who worked hard and donated to our Team Owner of the Rapid City Buffalo Wild Wings® Up For Kids event to make it such a big Restaurant, presented the grant. success!”

“Being on the board of CHS has given The grant from the Buffalo Wild Wings BWW franchisee Matt Benne and me a better understanding of the true employees present a $1,400 check to Foundation is expected to help CHS in commitment this organization has for trying Children’s Home Society development completing the renovation of the Black Hills to better the lives of the individuals and campus. CHS is a non-profit organization director Kara Flynn. families it serves,” said Benne. “This donacommitted to bettering the lives of indition, and donations like this, will bring the new CHS Black viduals and families in South Dakota. S

MEMBER NEWS

RSQ Foods Hosts Wing Chow Down Benefiting Mourning Support Groups

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n Feb. 4, Buffalo Wild Wings® collaborated its famous saucy wings with a local nonprofit to host a successful community event.

Taking place at the Westbury, New York, location, BWW® franchise RSQ Foods donated chicken wings for and hosted Camp Good Mourning’s! Fourth Annual Team Wing Eating Challenge 4 Charity.

Teams of two went head-to-head against the clock to eat the greatest number of wings. Including a raffle and lotto, the event raised over $20,000 for a good cause.

Camp Good Mourning! is a local Long Island, New York, nonprofit that provides overnight, weekend bereavement camp programs for children who are coping with the loss of a parent/guardian and/or sibling.

“We have a great relationship with Camp Good Mourning! and love the support we give them,” Joes Espino, Westbury Buffalo Wild Wings general manager, said. “As long as I am here, we are going to continue to donate wings for them!” S

A flyer used by a local radio station to promote the event.

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RECOGNITIONS

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n March 5, Franchise Business Service (FBS) Chairman Roz Mallet was awarded a Silver Plate Award by the International Foodservice Manufacturers Association in the “Travel & Leisure” category. IFMA’s Gold & Silver Plate Awards pay tribute to the most outstanding and innovative talents in up to nine segments of foodservice operations. IFMA created the Gold & Silver Plate Awards in 1954 to create a platform for manufacturers to recognize outstanding and innovative operators in foodservice.

Each year, a distinguished jury of trade press editors and previous award winners weighs the merits of hundreds of nominees before selecting the executives who will receive the IFMA Silver Plate Award. In March, this year’s IFMA Silver Plate Award winners were introduced to the industry at IFMA’s COEX conference, and recipients were then honored in May at IFMA’s annual Gold & Silver Plate Awards Celebration. Congratulations to Roz Mallet on this achievement and well representing FBS and the Buffalo Wild Wings® franchisee community! S We want to highlight your company’s achievements (employee promotions, new hires, employee or restaurant anniversaries and sales records). To submit information for Recognitions, complete the online submission form at www.myfbsonline.org/submissions, email communications@myfbsonline.org or call 678-797-5161.

EVENT CALENDAR FBS is excited to host members

May 20-23, 2025, for the

2025 FBS Annual Summit!

You won’t want to miss out on the stellar opportunities for business and relaxation at next year’s Summit. We’ll be in gorgeous Bonita Springs, Florida, surrounded by stunning beaches and crystal-clear waters for a week of networking, fun activities and serenity.

Hear from industry experts, corporate brand leaders and our valued vendor partners, all at the 2025 FBS Annual Summit. We look forward to celebrating our association with you!

2025 FBS Annual Summit May 20-23, 2025 Hyatt Regency Coconut Point Resort & Spa Bonita Springs, Florida

Your locations can get high-efficiency HVACs, energy-saving technologies, and lower utility bills—$0 upfront.

Learn how

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Budderfly.com

Support the Vendors

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THAT SUPPORT YOUR ASSOCIATION

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Elevanta Health Green Dot Corp./rapid!

Hall Financial Advisors Lockton Affinity Mize Restaurant Group, providing Elevanta Payroll and Accounting Services PepsiCo INFINITI HR Retail Tech Inc. Sazerac McLane Foodservice Distribution Ecolab Foster Poultry Farms Georges Inc. Stafford-Smith Inc. Budderfly Federal Heath Heineken Instant Financial New Belgium Brewing Sierra Nevada Brewing Co. The Wasserstrom Co. UPshow Alliance HCM American Beverage Market Anheuser-Busch Ascentium Capital Audio Visual Design & Install Bixolon Boston Beer Co. Brew Dog Brown Foreman Corp.

C&T Design and Equipment CloudKitchens Craft Standard Enterprises Daltile DRAS Cases First Horizon Restaurant Finance First In Services Founders Brewing Co. Global Payments ITW Food Equipment Group Lagunitas Brewing LeVecke LG Electronics

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Caroline McShane Steve McDonald Kevin Knab Reid Robson

memberservices@elevanta.com smcdonald@rapidpaycard.com kknab@hallfa.com elevanta@locktonaffinity.com

678-797-5160 503-206-5144 866-865-4442 844-403-4947

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Stacy Higgins

shiggins@mizecpas.com

800-234-5573

Diamond Emerald Emerald Emerald Sapphire Sapphire Sapphire Sapphire Sapphire Pearl Pearl Pearl Pearl Pearl Pearl Pearl Pearl Assoc. Mbr. Assoc. Mbr. Assoc. Mbr. Assoc. Mbr. Assoc. Mbr. Assoc. Mbr. Assoc. Mbr. Assoc. Mbr. Assoc. Mbr. Assoc. Mbr. Assoc. Mbr. Assoc. Mbr. Assoc. Mbr. Assoc. Mbr. Assoc. Mbr. Assoc. Mbr. Assoc. Mbr. Assoc. Mbr. Assoc. Mbr. Assoc. Mbr. Assoc. Mbr. Assoc. Mbr.

Marc Wolfson Fernando Serrano Shannon Johnson Candida Banti Lynn Modisette Paul Martin Tracey Spinelli Adam Griffis Don Smith Bill Lynch Greg Root Chuck Mathison Doug Denny Kari Gladney Nick Bunce Matt Brown Scott Axonovitz Jennifer Gordon Beth Borkosky William Poole Jesse Kells Jason Abbott Ann Klein Gary Fragle Jeff Diem Dennis Greenwood James Bales Asheel Parikh Michael Vacek Terrie Miller Josh Flattum Thomas Hung Jon McKee Brendan Romero Marene Harof Matthew Alexander Tommy Hunter Eric Lake David Boerlin

marc.wolfson@pepsico.com fernando.serrano@infinitihr.com sjohnson@retailtechinc.com cbanti@sazerac.com lynn.modisette@mclanefs.com paul.martin@ecolab.com tracey.spinelli@fosterfarms.com adam.griffis@georgesinc.com dsmith@staffordsmith.com bill.lynch@budderfly.com groot@federalheath.com cmathison@heinekenusa.com doug.denny@instant.co kgladney@newbelgium.com nick@sierranevada.com mattbrown@wasserstrom.com scott@upshow.tv jgordon@alliancehcm.com bborkosky@abmcocktails.com william.poolejr@anheuser-busch.com jessekells@ascentiumcapital.com jrabbott@avdiusa.com aklein@bixolonusa.com gary.fragle@bostonbeer.com jeff.diem@brewdog.com dennis_greenwood@b-f.com jbales@c-tdesign.com aheel.parikh@cloudkitchens.com mvacek@craftstandard.com terrie.miller@daltile.com josh@drascases.com thung@firsthorizon.com jm@thefirstinservices.com romerob@foundersbrewing.com marene.harof@globalpay.com matthew.alexander@itwfeg.com tommy.hunter@lagunitas.com elake@levecke.net david.boerlin@lge.com

904-588-5401 623-455-6234 952-224-4327 415-302-0202 972-364-2050 612-750-0759 209-917-2962 479-231-6998 517-749-0976 203-538-7557 817-685-9075 770-377-6959 689-777-8150 419-280-6015 520-405-1727 614-737-8314 419-261-1802 214-418-7351 601-383-8338 919-815-3927 281-883-5064 260-615-8995 858-355-9593 770-402-9850 317-506-9232 678-602-5996 317-654-3721 714-390-2116 515-505-5650 216-409-3153 507-402-4812 310-490-8534 470-443-8859 202-486-6455 678-642-8311 937-681-2718 847-363-0639 972-839-7179 760-415-7797

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Loop AI Magnesol Markon Molson Coors One More Time Orion Otter Parapet Studios Pinnacle Commercial Capital Plymold Prep Wizard Red Bull North America Restaurant365 Seating Concepts Stone Brewing The Middleby Corp.

TouchTunes TredSafe/Walmart VAN Eerden Foodservice/National Distribution Alliance White Claw Wintrust Franchise Finance Workstream WyreStorm Technologies ProAV Corp.

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Greg Stone Sally Ruiz-Diaz Carsen Beckwith Stephanie Mitchell Alex Alvarez Louis Matino Nicola Fahy Jeff North Bill Wildman Judy Ryan Jay Baugues Yamila Riquelme Lisa Rodkey Ken Hibben Thomas Hofreiter Mark McCabe Nikki Hendricks Ted Travis

greg@tryloop.ai sruizdiaz@dallasgrp.com carsenb@markon.com stephanie.mitchell@molsoncoors.com aalvarez@onemoretimeinc.com lmatino@orioninc.com nicola.fahy@tryotter.com jeff@parapetstudios.com wildman@pincomcap.com jryan@plymold.com jay@prep-wizard.com yamila.riquelme@redbull.com lrodkey@restaurant365.com khibben@scicustom.com thomas.hofreiter@sapporo-stonebrewing.com mmccabe@pitco.com nhendricks@touchtunes.com ttravis@galaxycorp.com

620-720-0908 908-892-6695 831-775-1481 816-289-1786 323-839-8541 732-995-2406 416-878-1489 503-560-2173 317-472-2828 507-789-8337 865-367-5797 917-544-2837 717-269-0192 815-483-2253 562-441-1937 603-496-2108 847-419-3300 949-510-0950

Assoc. Mbr. Charlie Cook

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517-282-3486

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cbass@mikeshard.com swillison@wintrust.com ryananderson@workstream.is jim.reinhardt@wyrestorm.com

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Cathy Bass Sean M. Willison Ryan Anderson Jim Reinhardt

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LOOK LISTEN READ L

ook, 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.

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In Adventures in Franchise Ownership, author Christy Wilson Delk lays out what successful franchisees do that you won’t find in most owner’s manuals and includes her good, bad and really tough days before her successful exit 15 years later.

Franchisees, like most small-business owners, experience times of extreme frustration, and lapses in motivation and often exit before reaching their potential and their goals. This guide explains how her Four Pillar to Pillars Approach helps all franchise owners get to the top tier of their franchise system.

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David Finkel’s and Jeff Hoffman’s, Scale: Seven Proven Principles To Grow Your Business and Get Your Life Back teaches you to escape the self-employment trap by building a business rather than a job. It addresses overcoming obstacles in various business areas such as sales, operations and finance.

You’ll learn to manage cash flow, systematize operations to reduce costs and increase capacity and create sustainable growth through efficient systems, empowered teams and intelligent internal controls.

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The Franchise Friday podcast’s mission is to help individuals explore self-sufficiency as an alternative career. This podcast helps franchisees define their income, lifestyle, wealth and equity goals and provides education on the best ways to achieve them.

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Co-hosted by the dynamic duo Ryan Hicks & Zack Fishman, Modern Business is an award-winning, interview-style podcast that spotlights franchising’s brightest executives. Follow along each week as we uncover franchising’s top technology trends, the hottest franchise industries to invest in, ways to improve your own franchise business and how to potentially become a franchisee.

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Naranga is a comprehensive franchise management software designed to support the operations of franchise businesses. It offers a suite of tools that help franchisors and franchisees manage various aspects of their business efficiently.

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In the Franchise Bible, franchise expert Rick Grossmann and franchise attorney Michael J. Katz impart decades of insight and advice on what it takes to make your franchise operation successful.

Grossmann and Katz share expert tutorials, tricks of the trade, and access to sample franchise documents, checklists and questionnaires designed to get you organized, support you through the process and get your new franchise off the ground.

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Social Geek Radio is a podcast hosted by the Franchise News Podcast.

The show covers a variety of topics related to franchise growth and digital marketing.

The show has a lot of interesting guests and offers useful information, and is a great way to stay on top of business trends. S

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Figma is a web-based design tool primarily used for interface design and prototyping. It allows designers to create, collaborate on and share design projects in real-time. Figma is known for its robust features and capabilities that make it a popular choice among designers and design teams.

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Entrepreneur Weekly, hosted by award-winning broadcast professional, Alan Taylor, equips listeners with the critical information necessary to grow their business through practical advice and thought-provoking interviews.

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ServiceTitan contracting software has a variety of products and solutions to choose from, designed to improve operational efficiency, enhance customer satisfaction and loyalty, and reduce costs.

ServiceTitan keeps up with customers, employees, projects, payments and your performance.

One topic: 10 facts

Digital Marketing and Your Local Presence

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With smartphones giving consumers access to the world at their fingertips, how business owners present their digital brand is more important than ever. After all, 89% of people search for local businesses on their smartphones weekly.

In the digital marketing space, search engine optimization (SEO) matters. The top three ad spots on search engine results pages attract 40% of all clicks on the results page.

While the normal assumption is that ads are a nuisance to the consumer, the statistics say otherwise. Seventy-five percent of people say paid ads make it easier to find what they need.

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For the restaurant industry, search optimization is a pivotal way to increase business. “Restaurants near me” is by far the most popular “near me” search with 6.2 million searches per month.

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In the digital marketing space, email marketing is not outdated whatsoever. Twenty-one percent of promotional emails are opened within the first hour.

The most popular marketing channel in the U.S. is social media, with 55% of businesses in the United States optimizing it.

Social media marketing can prove to have fruitful results.

Seventy-one percent of consumers are more likely to recommend a brand after having a positive social media experience.

Half of consumers are likely to unfollow a social media page due to low-quality products or poor customer service.

The more ways you can engage your audience, the better.

Businesses using three or more channels in a campaign have an engagement rate 250% higher than those using singlechannel campaigns.

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Technology can be implemented into your business to streamline your marketing. Of those that have utilized marketing automation software, 63% saw positive results within six months.

Sources: Ambassador, BrightLocal, Entrepreneur, Fast Company, GetResponse, Hyperlocology, Marketing.com, Restaurant Dive, Thrive Internet Marketing Agency, WordStream

Spotlight on the 118th Congress:

Sen. Roger Marshall (R-KS) A

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What skills or perspectives from your background do you apply as a public official?

Feedback directly from Kansans is essential for our work here in D.C. My staff and I make an effort to host roundtables across Kansas with small-business owners, financiers and Small Business Administration (SBA) officials to make connections for small-business assistance, but also for our team to hear what’s happening on the ground.

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I may be a doctor by practice, but I gained business experience by owning and operating a hospital in Great Bend, Kansas. I will always fight for fiscal responsibility and use the same principles I used to run my hospital when considering bills and voting on packages.

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What do you see as the current biggest threat to small-business owners?

Without a doubt, it’s burdensome regulations. Just take the latest joint-employer rule as an example. The vague language as to what constitutes “indirect control” provides a litany of uncertainty for franchises everywhere and threatens the freedom that franchisees have in running their business. Regulations in 2022 put $3 trillion worth of costs onto the economy. It’s unsustainable to continue this path, which is why I have fought tooth and nail against the rulemaking coming out of this administration.

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What challenges have you helped small businesses in your state overcome?

Franchisees should absolutely help steer the conversation. The franchise business model operates in so many different areas that policy affects, and we have championed measures in the Senate that provide a friendly environment for franchisees.

Case in point, our bill, the Save Local Business Act would solve the joint employer issue we see today by codifying a narrow standard of “direct control” to establish a joint-employer relationship only if a parent company works on day-to-day functions such as hiring, firing, payroll, shift scheduling and other important aspects of managing a business. Franchisees should have the freedom to run their businesses how they see fit and establishing a narrow joint-employer standard helps preserve that freedom.

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What message do you have for small-business owners struggling with supply chain issues, inflation, staffing and other prevalent issues of today’s day and age?

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We hear you and we are fighting for you, but we need someone in the White House who understands this pain, who has run a business and signed employees’ checks. We need someone who fights against rampant inflation and sky-high interest rates. Attitude is a reflection of leadership, right now we are going in the wrong direction and Americans are feeling it. S

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In what ways are you seeking feedback from small businesses in your state and using that information in Washington, D.C.?

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What seat do you believe franchisees have at the table and what do you do to support them?

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Aside from fighting overregulation, I’ve fought to keep taxes low for businesses. The Tax Cuts and Jobs Act led to the most prosperous economy of my lifetime, and I will fight to continue the successful breaks and cuts as we look to pass a tax package next year. The more the federal government can keep money in the pockets of small businesses, the better off our communities and the economy will be.

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NEW CHAIRMAN SPOTLIGHT

Roz Mallet Year Became a BWW® Franchisee: 2010 Total Number of BWW Locations: Four, with plans to build three more over the next couple of years.

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Mallet was recently recognized by the International Franchise Association

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(IFA) for outstanding achievement and contributions to the franchising community and won “IFA’s Franchisee of the Year” for 2023.

oz Mallet is the founder, CEO and president of PhaseNext Hospitality – a multi-brand franchise operating company, which has several Buffalo Wild Wings® sports bars. Mallet is a seasoned leader with extensive and diverse experience in enterprise strategy, turnarounds, transition planning, systems implementation, human capital development and franchise operations. She is recognized in the industry for her innovative approaches, financial and organizational development results, the ability to build sustainable talent pipelines and a commitment to impacting her industry and community. Mallet was recently recognized by the International Franchise Association (IFA) for outstanding achievement and contributions to the franchising community and won “IFA’s Franchisee of the Year” for 2023.

Mallet, who has been an FBS Board Member since 2016 and served as vice chairman since 2022, brings a wealth of experience and passion to her new role as chairman. Her commitment to promoting collaboration and involvement within FBS aligns with her vision for the association’s future.

What drew you to the brand?

As I was starting my business 15 years ago, I lived in Minneapolis, Minnesota. I knew Sally J. Smith, then-CEO of Buffalo Wild Wings®, and as I spent time with her, I realized BWW® was a fun and experiential brand with a broad awareness from and attraction of multiple generations of consumers.

What other concepts do you franchise?

Smashburger, Dunkin’ Donuts, Jimmy John’s, Wolfgang Puck.

“There’s more opportunity to win with the consumer through technology.”

What are your current top three business goals?

1. Be an effective board leader for FBS. 2. Diversify the growth of my business; to add small-town B-Dubs® growth to my airport B-Dubs portfolio.

3. Continue to grow my portfolio of brands as a franchisee.

Describe your best recent business decision:

Taking on a bigger role within the FBS Board of Directors

so that I can have the opportunity to have more of a positive impact on the franchise community.

Describe the biggest industry change since you started:

There’s more opportunity to win with the consumer through technology. Using technology in this industry has become more complicated, and the consumer has an almost constantly growing expectation of restaurant brands regarding convenience, value and consistency.

What is your favorite BWW wing sauce?

Honey sriracha! S

Order Now!

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2024 Issue 2

FBS CELEBRATES YEARS OF THE ANNUAL SUMMIT IN STYLE IN PALM SPRINGS

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his year marked a milestone anniversary for the Franchise Business Services (FBS) Annual Summit. Twenty years! To celebrate, FBS took a trip out west to celebrate in sunny Palm Springs, California. Held April 22-25, this event brought together FBS members, managers, vendor suppliers and representatives from Inspire Brands for educational sessions and some fun in the California sun.

The event kicked off with general session on April 23, complete with a welcome message from past FBS Chairman, Jim Bitzonis, a debrief of the first ever Franchise Business Review (FBR) survey results by FBR’s CEO Eric Stites, a franchisee town hall from the FBS Board of Directors, a supply chain update from Inspire Brands’ Kevin O’Bryan, a political update from Owner and Partner at Berman and Co., Mike Saltsman, and an insightful message on mental health from keynote speaker Jay Glazer, NFL Insider for FOX Sports pregame show. After the general session, attendees were invited to the opening reception in the trade show where they could network with numerous vendors at their booths. Following the welcome reception was the welcome party

on The 18th Lawn. The annual FBS Service and Vendor Awards were distributed during the welcome party and a special birthday celebration took place for Jim Bitzonis, Mark Jones and Bobby Pancake.

The second day of the 2024 FBS Annual Summit started bright and early with the Bloody Mary Breakfast followed by a Buffalo Wild Wings® presentation from Inspire Brands’ John Bowie, Tristan Meline, Marcus Wasdin and Donald Semien.

Bowie, Meline and Wasdin were unable to join FBS in Palm Springs, so they held their presentation over Zoom. Following the morning session was a break in the trade show. After the break, attendees were welcomed back to general session to hear from the closing keynote speaker, Rocky Sickmann, former Iranian hostage. After Sickmann’s motivational keynote, attendees had the opportunity to lounge around by the pool, enjoy the lovely Celebrity Course for some golf or indulge their adventurous side and tour the San Andreas Fault in a red jeep. To close out the Annual Summit, attendees had the chance to try their hand and win cash at the poker tournament during the Casino Night.

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2024 FBS Annual Summit attendees stop at the registration desk to pick up their name badges.

Past FBS Chairman Jim Bitzonis welcomes attendees to the 20th anniversary FBS Annual Summit.

FBS board member Mark Jones connects with a fellow BWW franchisee before general session.

General session attendees listen carefully to the presenters at the FBS Annual Summit.

The FBS Board of Directors take questions during the FBS Town Hall portion of general session.

Buffalo Wild Wings® franchisees gain valuable FBS member Joe Frederick asks a quesinsight from listening to Summit speakers during tion during the FBS Town Hall. general sessions.

From left to right: FBS board member Jenny Beaudoin, FBS Chairman Roz Mallet, and Buffalo Wild Wings Vice President of Global Supply Chain, Kevin O’Bryan pose for a photo.

Franchise Business Review CEO and Founder, Eric Stites, shares the results of the first-ever annual member survey.

FBS Annual Summit attendees enjoy a beverage during a sponsored break.

FBS members and representatives from Inspire Brands pose for a photo beside one of the many commemorative photo collage signs found throughout the Summit.

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LEFT: BWW®’s Kevin O’Bryan takes the stage to present a supply chain update during general session.

Attendees enjoy the beautiful Palm Springs weather and scenery during the FBS Annual Summit.

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Attendees take the opportunity to network during the breaks in between the general session.

Mike Saltsman, owner and partner at Berman and Co. shares insights on political issues facing the franchise business model.

FBS Summit attendees smile for a picture before general session begins.

BWW® Vice President of Global Supply Chain, Kevin O’Bryan, and past FBS Chairman Jim Bitzonis give a standing ovation during general session.

FBS partner C&T Design and Equipment Co. takes advantage of the networking opportunities found at the FBS Annual Summit.

NFL Insider for Fox Sports’ NFL pregame studio show, Jay Glazer, spoke to attendees about the importance of mental health.

FBS Annual Summit attendees walk the event space in between Summit activities.

FBS members take the opportunity to visit and network with FBS partners during the trade shows.

Representatives from Mark Anthony Brands pose for a photo at their booth during the trade show.

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FBS Annual Summit attendees walk the trade show floor to visit the many FBS sponsors at their booths.

Representatives from Inspire Brands pose for a photo with past FBS Chairman Jim Bitzonis during the Welcome Dinner on the first night of the Summit.

Summit attendees enjoyed a live musical performance during the Welcome Dinner.

FBS celebrates more than just 20 years of the Summit this year! Attendees celebrate Jim Bitzonis, Bobby Pancake and Mark Jones’ birthday this year as well.

From left to right: FBS board members Jim Bitzonis, Mark Jones, Wray Hutchinson, Roz Mallet and Jenny Beaudoin cheers to a successful first day of the Summit.

FBS Annual Summit attendees got up bright and early to enjoy a Bloody Mary breakfast on day two of the Summit.

Attendees enjoy themselves at the Bloody Mary breakfast with a picturesque Palm Springs backdrop.

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FBS Board Member Wray Hutchinson kicks off day two of the Annual Summit and introduces Inspire Brands.

Buffalo Wild Wings’ John Bowie joins the FBS Annual Summit attendees virtually for a presentation over Zoom.

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RIGHT: Vice President of Inspire Brands, Donald Semien, takes the stage to present an update to attendees.

FBS Board member Mark Jones introduces keynote speaker Rocky Sickmann.

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The Buffalo Wild Wings team opens the floor to questions during their portion of general session.

Keynote speaker Rocky Sickmann, one of the hostages in Tehran, Iran, for 444 days, gives an awe-inspiring presentation at the Summit.

FBS board member Mark Jones presents Rocky Sickmann with a donation check for $15,000 to Folds of Honor Foundation.

Attendees show off their golf skills at the FBS Annual Summit.

CASINO NIGHT

FBS Annual Summit attendees enjoy themselves at the annual Casino Night.

Jim Bitzonis passes the FBS Chairman gavel to Roz Mallet during the FBS Annual Summit.

FBS Annual Summit attendees stop for a photo during golf at the Summit.

LEFT: FBS Annual Summit attendees enjoy the beautiful Celebrity Course at the Hyatt Indian Wells Resort & Spa.

All Summit attendees are invited to try their luck during the poker tournament.

Attendees have the chance to win big during the poker tournament at Casino Night.

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20 Congratulations to the winners of the vendor/manager poker tournament: Jeffrey North, Dominic Esposito and James Bales.

Congratulations to the winners of the franchisee poker tournament: Sheetal Sitaram and John P. Elwart.

THANK YOU TO OUR SPONSORS

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2024 Issue 2

MARKETING YOUR FRANCHISE & BUILDING A LOCAL BRAND

by Jared Johnsen

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uffalo Wild Wings® franchisees are always looking for ways to stand out in a crowded market. The competition among sports bars is fierce, and franchisees must use creative and effective marketing strategies to attract and retain customers.

One of the key ways that BWW® franchisees can market their businesses is through social media. Platforms like Facebook, Instagram, Twitter/X and TikTok provide franchisees with an opportunity to showcase their food and engage with customers in a meaningful way. Engaging with followers through comments, messages and interactive polls helps build a sense of community and loyalty around the brand. By regularly posting high-quality images of their dishes and sharing information about promotions and events, franchisees can build a loyal following and generate buzz around their restaurants.

Social media also offers franchisees the ability to target specific demographics, as well as run ads to reach potential customers who may not have heard of their locations.

Consistency on social media is essential to keep customers engaged and informed about the restaurant’s promotions, events and menu updates.

High 5 Hospitality’s Director of HR and Marketing, Lori Liguori, attributes its brand’s success to a mix of digital and local marketing.

“The most effective marketing strategies for our franchise have been a combination of digital marketing, community engagement and targeted local advertising campaigns,” Liguori said. “By leveraging online platforms, such as social media, using retargeted ads and geo-fencing, we’ve been able to reach a broader audience while also engaging with our local community through events and partnerships.”

In addition to social media, franchisees are finding success through community events. By partnering with local businesses and organizations, franchisees can get involved in their communities and build relationships with potential customers.

For example, many operators have hosted events like charity fundraisers, school spirit nights and sports team sponsorships.

Engaging with attendees through interactive activities or contests

creates memorable experiences that leave a lasting impression.

These events can not only help to raise awareness of their restaurants but position them as active and caring members of their communities. By leveraging community events as a marketing platform, franchisees can effectively reach new audiences, drive foot traffic to their locations and cultivate a loyal customer base rooted in their local community.

Using tools like Google AdWords and Facebook Ads can aid franchisees in reaching potential customers who are actively searching for a fun place to watch a big game who fit a specific demographic profile. This type of advertising can be particularly effective when combined with other marketing strategies, like social media and community events.

Search engine optimization (SEO) emerges as a pivotal force, intricately connecting local visibility, brand coherence and competitive edge. Franchisees leverage SEO to carve out a distinct presence amidst a crowded market, capturing the attention of prospective patrons scouring the web for their offerings. With each website, strategic keyword deployment and data-driven analysis, franchisees not only ascend the ranks of search engine results but also foster a devoted following within their communities.

Loyalty programs can generate brand advocates who will recommend the restaurant to their friends and family. By offering rewards such as discounts, free meals or exclusive promotions to repeat customers, franchisees can incentivize frequent visits and increase customer retention. Additionally, loyalty programs enable businesses to collect valuable customer data, including purchase history and preferences, allowing for personalized marketing campaigns in the future. By engaging with customers through loyalty programs via email, mobile apps or in-store promotions, franchisees can foster a sense of community and brand affinity. Moreover, by highlighting the benefits of loyalty programs through targeted marketing efforts, such as social media campaigns or signage, franchisees can attract new customers while

reinforcing loyalty among existing patrons.

Franchising allows operators to utilize corporate marketing in conjunction with their local marketing efforts to spread brand awareness of their business. Buffalo Wild Wings franchisees approach local marketing by creating a customized marketing plan that caters to their local market(s). Each market is unique and requires a tailored approach to attract and retain customers.

One way they approach local marketing is through local media outlets, such as newspapers and radio stations, to promote their business and reach a wider audience.

Keeping up with trends is essential to staying relevant in the fast-casual restaurant industry. Franchisees must also keep up with the latest technology and marketing trends to create innovative and effective marketing strategies.

“Staying updated with the latest marketing trends and techniques relevant to the foodservice industry is crucial for staying competitive,” Liguori said. “We regularly attend industry conferences, workshops, and webinars, subscribe to industry publications, and network with other professionals to stay informed and inspired.”

BWW franchisees employ a multifaceted approach to track the efficacy of their marketing campaigns. Utilizing a blend of digital tools and traditional methods, franchisees meticulously monitor customer engagement and conversion rates. Unique coupon codes and customized URLs enable precise tracking of campaign-driven sales, while QR codes facilitate seamless customer interaction tracking.

Franchisees can leverage customer surveys to gauge campaign awareness and effectiveness. By analyzing sales data,

social media metrics and email marketing analytics, BWW franchisees gain invaluable insights into campaign performance, enabling them to optimize strategies for maximum impact.

Through strategic partnership tracking and continual refinement, franchisees ensure their marketing efforts resonate with their audience, driving growth and customer satisfaction.

Buffalo Wild Wings franchisees are finding success by using a combination of traditional and digital marketing strategies to promote their businesses. By leveraging social media, community events, targeted advertising loyalty programs and more, franchisees can build brand awareness, engage with customers and drive traffic to their restaurants.

As the sports bar industry continues to grow and evolve, business owners will undoubtedly continue to find new and innovative ways to market and stand out. Franchisees must know their target audience and understand their preferences to create a successful marketing strategy. Sports bars are becoming increasingly competitive, and franchisees must differentiate themselves from their competitors to stay relevant.

“Our future marketing plans for the franchise include continued development with new partnerships, attaching promotions to digital offers, possible podcast opportunities and exploring innovative technologies such as AI, while continuing to strengthen our relationships with local communities through meaningful partnerships and initiatives,” Liguori said. S JARED JOHNSEN is the communications specialist for FBS. You may reach Johnsen at 678-439-2291 or jaredj@myfbsonline.org.

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e ignite and nourish change for good with compassion, possibility and a champion’s spirit. Together we are making a difference in the communities we serve. This was especially true during the month of April with the launch of Good Citizens Month. While we give back and volunteer throughout the year, every April, we make a concerted effort to say, “This is our Good Citizens Month.” And we do that because it allows us all to volunteer together, build relationships, and it serves as a springboard for our efforts throughout the remainder of the year. One of the core values at Buffalo Wild Wings® is community: create unique, positive guest experiences while fostering strong community connections. During Good Citizens Month the Buffalo Wild Wings team really made an effort to come together and represent the Community Value in their local markets.

We’re blown away by all the incredible ways our team member volunteers gave back this month!

Across support centers, in the field, with their teams, living out our core behavior of being a Good Citizen all month long. Projects included painting hospital art, building furniture, spreading mulch across

schools, building hundreds of teddy bears, packing thousands of pounds of food, beach trash cleanup, tutoring students and many more events. Overall, this has been our most successful Good Citizens Month yet!

Thanks to the thousands of company and franchise team members who gave back to our communities this April! Together, we logged more than 10,000 volunteer hours supporting a wide array of causes and organizations. Thank you to all who gave their time and effort specifically in April and every month after!

Together we are making a difference!

For more information on ways to engage with the foundation and give back in your communities, please reach out to Catherine Stranberg at cstranberg@inspirebrands.com. S

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2024 Issue 2

Employers Need to Review Workplace Rules and Policies Following Recent NLRB Decisions

by Matthew Guerrero

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n August 22, 2023, we advised all employers – whether their workforces are unionized or not – about the National Labor Relations Board (NLRB) decision in Stericycle Inc. In Stericycle, the NLRB articulated its new standard in analyzing whether employer work rules are impermissible under the National Labor Relations Act (NLRA). Under the new standard, employers must use caution when creating a work rule or policy that could reasonably be interpreted to “chill,” restrict or prohibit an employee’s rights to protected concerted activity under Section 7 of the NLRA, such as an employee’s rights to support unionizing or engaging in concerted activity to improve working conditions. Such a rule will be presumed by the NLRB to be unlawful.

Since the Stericycle standard was announced, the NLRB has issued a series of decisions finding a wide range of work rules to be unlawful, ranging from prohibitions on insubordination to prohibitions on falsifying employment applications. What follows is a short digest of some of the work rules that have recently come under scrutiny by the NLRB. Work Rules Concerning Disrespect In United Electrical Contractors Inc., decided November 9, 2023, the General Counsel argued, and the NLRB agreed, that a prohibition on “disrespect toward supervision” violates the NLRA, because it could reasonably be construed by employees to prohibit protected concerted activity. The NLRB cited to Casino San Pablo for support, where the NLRB previously said, “the act of concertedly objecting to working conditions imposed by a supervisor, collectively complaining about a supervisor’s arbitrary conduct or jointly challenging an unlawful pay scheme – all core Section 7 activities – would reasonably be viewed by employees as ‘disrespectful.’” The NLRB said the “disrespect” rule would reasonably tend to chill employees’ exercise of their rights under the Act and under Stericycle is presumptively unlawful.

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Work Rules Requiring Honesty Also in United Electrical Contractors Inc., the NLRB found rules requiring honesty on company records, including on employment applications, could reasonably be construed to chill an employee from leaving union-affiliated work history off of an application or falsely denying an intention to engage in organizing activity. The rule in that case did not refer to unions or unionization, but prohibited, “[d]ishonesty or falsification of any company records, including but not limited to employment applications and time entries,” and “[p]roviding false or misleading information to any company representative or in any company records, including

the employment application, benefits forms, time entry, expense reimbursement forms and similar records.”

Citing to decisions that stood for the proposition that employees may lie about or omit their union employment or affiliation on applications, the Board found the above rules to be “overbroad” and stated that they interfere with the “rights of applicants and employees to falsely deny union affiliation or intent to engage in union activity, and to omit union-affiliated work history from their submissions.”

However, in General Motors LLC, decided January 24, 2024, the NLRB found a similar rule not to be overbroad and therefore legal. The rule there stated that “[f ]alsification of personnel or other records” will be sufficient grounds for disciplinary action.

In analyzing the work rule, the NLRB found that “no employee, though economically dependent on the employer and contemplating engaging in protected, concerted activity, would reasonably interpret the plain language of [this rule] to prohibit protected, concerted activity.” The NLRB further noted that the rule’s intent is to prohibit the falsification of personnel and other company records, which the Employer had a legitimate interest in ensuring are accurate.

Because these two rules are very similar, employers need to narrowly tailor their work rules regarding honesty. The major difference between the two rules is that the improper rule in United Electrical Contractors Inc. explicitly referred to honesty on “employment applications” without creating an exception for union affiliation or union-related work history.

Work Rules Prohibiting the Restriction of Production Also in United Electrical Contractors Inc., the NLRB found a work rule that prohibits, “[r]estricting production or influencing others to do so” unlawful. “I find that employees would reasonably construe the prohibition on ‘restricting production’ to encompass a prohibition on striking and picketing,” said the NLRB. Employees have a right to engage in those activities under Section 7 of the NLRA. Prohibitions on Obscene or Abusive Language Additionally, a rule against using obscene or abusive language was found to violate the NLRA because the rule was drafted “without stating that the rule was not intended to bar employees’ Section 7 activity.” “The rule does not provide any additional context showing that it is meant to address only language that involves violence or other unlawful conduct or that it does not prohibit Section 7 activity.

I find that a reasonable employee would understand this rule to

interfere with statements that are protected by the Act.” Employers should be aware that the NLRA has routinely decided that some profanity and even defiance must be tolerated. The NLRA protects employees even in instances where the employee is rude or disrespectful, and profanity will not bar an employee from invoking their rights under the NLRA. See, for example, NLRB v. Chelsea Laboratories.

Prohibitions on Use of Telephones Employers have to be careful in limiting employee cell phone use. “On its face,” said the NLRB on such a rule, “this rule gives the employer unfettered discretion to decide if an employee may use their personal phone at any time and in any area of a facility, including during breaks and other periods that are an employee’s own time. Employees would reasonably conclude that they could not, without obtaining the [employer’s] authorization, engage in activities such as using their own smartphone to call a union representative during a lunch break.”

The work rule in question, which simply prohibited “[u] nauthorized use of telephones” was thus found to be unlawful.

The General Counsel argued, and the NLRB agreed, that “requiring an employee to seek the approval of management in order to use their personal phones for Section 7 communications is tantamount to surveillance of such activities, and would tend to have a chilling effect on employees’ exercise of their rights.”

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Imported by HEINEKEN USA Inc, White Plains, N.Y.

2024 Issue 2

What Employers Can Do In the confusing wake of Stericycle, employers are often left not clearly knowing whether their work rules may be deemed presumptively unlawful under the NLRB’s current standards.

Employers, however, are not left without some guidance. First,

LANER MUCHIN is a firm that specializes in employmentrelated litigation, labor relations, employment law counseling, employee benefits, executive compensation and business immigration matters. Laner Muchin may be reached at www.lanermuchin.com or (312) 467-9800.

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Prohibitions on Discourtesy to Customers, Vendors, or the General Public Citing to precedent, the NLRB also recently said that employees would generally construe a broad prohibition against “disrespectful” conduct and “language which injures the image or reputation” of the employer as encompassing Section 7 activity, such as employees’ protected statements objecting to their working conditions or seeking the support of others to improve them. The rule, which prohibited “[d]iscourtesy to a customer, vendor, or the general public resulting in a complaint or loss of good will” was deemed unlawful.

A similar rule more recently in General Motors LLC, which stated discipline could result from “making or publishing of false, vicious or malicious statements concerning any employee, the Company, or its products” was found to be unlawful. Citing to precedent, the NLRB said that the Board has consistently found that rules prohibiting the making of “false, vicious or malicious statements” violate the NLRA because “they include within their proscription false statements that may nonetheless be protected.”

In other words, the prohibition on “false . . . statements” is too broad. For, in the same decision, General Motors LLC, the work rule that discipline could result from “[a]busive language to any employee or supervisior” was lawful. The distinction is that the prohibition on false statements could reasonably relate to and deter an employee from engaging in their right to protected, concerted activity, but a similar prohibition on “abusive language,” without any further context, would not reasonably chill an employee’s protected speech.

the more narrowly tailored their work rules are to legitimate and substantial business interests, the less likely they will be deemed unlawful. Even presumptively unlawful work rules can survive scrutiny where employers can show that the work rule “advances a legitimate and substantial business interest” that cannot be advanced “with a more narrowly tailored rule.”

Employers must use careful language and draft their work rules with an eye toward how the NLRB may view it. As seen above, very broad language can be interpreted to encompass and impede upon an employee’s Section 7 rights. All employers should be reviewing existing work rules to determine whether they can be construed as unlawful under the Stericycle standard and revise them as needed. Caveats that a policy or work rule is not intended or designed to impede upon an employee’s Section 7 rights can also aid employers in keeping their policies and handbook provisions lawful. Additionally, avoiding anti-union language anywhere throughout an employer’s policies and handbooks will also help avoid an interpretation that any given rule is designed to chill employees’ Section 7 rights.

If you have questions about how to comply with the recent NLRB decisions, contact your servicing Laner Muchin attorney, or Laner Muchin partner Robert T. Bernstein may be reached at rbernstein@lanermuchin.com. S

Understanding the 2024 Beneficial Ownership Reporting Requirements: What U.S. Businesses Need To Know

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contributed by Mize CPAs

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ost businesses in the United States are mandated to submit ownership details to the Financial Crimes Enforcement Network (FinCEN) by the deadline at the end of 2024. This directive, stemming from the Corporate Transparency Act (CTA), aims to identify the true owners or controllers of both domestic and foreign enterprises operating in the U.S. The US Treasury Department is expected to challenge

this ruling. Meanwhile, requests for postponing the reporting deadline have been made by organizations like the American Bar Association, the American Institute of Public Accountants (AICPA), and the American Bankers Association, but no additional legal actions are currently underway.

As it stands, the reporting deadline of December 31, 2024, remains in effect for the majority of U.S. businesses.

Companies are advised to proceed with preparations to meet

this requirement. Businesses established before January 1, 2024, have until January 1, 2025, to file their initial reports. Businesses established during 2024 have 90 days after registration to comply, and those established from 2025 onwards have 30 days.

A recent court ruling has modified the application of

The reporting process is straightforward.

Businesses should prepare by collecting the following information: • The business’s full legal and trade names, if applicable.

• Current complete U.S. address.

the CTA. A federal district court in Alabama has specifically exempted the National Small Business Association and its members from these requirements. This exemption remains effective while the court’s decision is under appeal by the Department of the Treasury. Businesses not affected by this ruling are still required to comply with the CTA. Additionally, collect for each beneficial owner and company applicant: • Full legal name • Date of birth • Current complete address • A unique identifying number and issuing jurisdiction along with an image from a valid document such as a US passport, state driver’s license, or a state, local government, or tribal issued ID document. S

• Jurisdiction under which the business was formed (state, tribal, or foreign).

• IRS Taxpayer Identification Number.

For further details or to file a report, visit the BOI E-Filing System on the FinCEN website (boiefiling.fincen.gov).

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2024 Issue 2

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Why Franchises Like Yours Need Business Owner’s Insurance T

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he success of your franchise depends on your building, its contents and the people who staff it. Imagine the consequences for your restaurant if there were a serious accident, fire or theft. These disasters can impact your ability to service customers and run your business, plus they can be costly.

With a Business Owner’s Insurance policy (BOP) from co-brokers Elevanta and Lockton Affinity, your franchise can receive a tailored combination of insurance coverage, including property, business interruption, general liability and umbrella coverage. This policy is a convenient, affordable way to protect your business and its contents from the costs associated with property damage and third-party injuries.

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About Business Owner’s Insurance for Franchise Businesses A business owner’s policy is a handy package of property and liability protection that typically includes: • Business property coverage — Helps cover your building and its contents, including your equipment, furnishings and inventory.

• General liability coverage — Helps cover your business for lawsuits or damages that result from a third-party personal injury or property damage claim.

• Business interruption coverage — Helps make up for some of your lost income if your franchise experiences a fire, break-in or other business-disrupting event.

• Business umbrella coverage — Helps provide protection beyond existing limits and coverage of other policies.

Examples of Business Owner’s Policy Coverage This broad coverage protects you and your restaurant from several everyday risks such as: • A customer enters your restaurant and trips over the floor mat in the entryway. In the fall they suffer a broken hip, resulting in costly medical bills and a claim for personal injury damages.

Your BOP coverage protects you and covers the costs.

• A rash of burglaries hits the area, and your business is broken into overnight. The thieves steal some inventory, two computers and TVs. Your BOP coverage helps you replace the stolen property.

• An oven hood catches fire due to grease build up. The oven is extremely damaged and there’s smoke damage throughout the kitchen. Your BOP covers the damage to the building and its contents.

Why Franchise Organizations Need BOPs A BOP insurance package offers several advantages for restaurant businesses like yours.

Convenience: A BOP is a convenient way of buying insurance. Getting coverage for your business can be confusing and stressful enough without having to pick out all the right coverage à la carte.

Cost savings: A BOP can save most people money on their coverage. That’s because the package is designed so that coverage doesn’t overlap, eliminating the likelihood that you will pay for the same thing twice.

Broad protection: A BOP can help ensure you have all the standard coverage you need. You won’t be risking coverage gaps and exposures that are possible when you combine generalized standalone policies.

Industry specific: A BOP is often a better choice for small- and medium-sized businesses in a particular industry.

Every industry has unique risks that a BOP policy is specifically designed to protect against.

A BOP from Elevanta and Lockton Affinity A BOP is consistently one of the most popular insurance policies available for restaurant businesses. It is a quick and easy way to get the standard industry coverage and limits your business needs in one convenient package. For restaurants like yours with property and liability risks, it’s a smart choice.

While a BOP combo doesn’t include all the insurance products you may need, it’s a great starting point for key property,

liability and business interruption coverage.

If you have questions about a BOP for your business or other insurance coverages like Workers’ Compensation, Employment Practices Liability, Commercial Auto and Cyber Liability, co-brokers Lockton Affinity and Elevanta have you covered.

Whether you are a first-time franchise owner, have been in the business for years or have multiple locations, Elevanta and Lockton Affinity understand the risks your restaurant faces and are here to support you.

Visit Elevanta.LocktonAffinity.com to learn more. S 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.

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2024 Issue 2

Thoughts on Excellence: Five Sustained Focused Efforts

by Dan Coughlin

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used to think that businesses were remarkably complicated and beyond my comprehension.

Then I learned that I was wrong.

Businesses are remarkably simple. A business creates relevant value for an intended audience, charges for that value, and works to continually improve that value for that audience. That’s it. It’s not complicated at all. And it’s true for small, medium and large businesses.

I’ve also learned that there are a few things that all successful businesses have in common. One of those things is they sustain focused efforts.

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The Crucial Role of Focus The number one reason that I have seen why businesses fail is that people lose their focus. There are literally dozens of reasons why people let this happen. They chase a hot new idea that people are talking about, they get bored with what they are doing, they get tired of the infinite number of little challenges that they have to deal with as an entrepreneur, they start bickering with other people on the team, and on and on.

The number one reason why businesses succeed is that people sustain focused efforts. They keep on keeping on and they keep getting better at what they are doing. I’m always amazed at the incredible number of different ways that businesses provide value to customers and get paid for it. Please don’t fall into the trap of thinking you have to pick the perfect industry to be in. It’s not true. If you identify something that would be of real value for a certain group of people who are capable and willing to pay you for it, then you have the makings of a successful business. However, that’s just the starting point.

The more important key to success is to wake up every day and sustain focused efforts.

I thought about giving you a very long list of the many, many different industries and methods that people I’ve known have used to make a very good living as entrepreneurs, but then I realized that’s not necessary.

What is necessary is for you to realize that one of the most important keys to success as an entrepreneur is to sustain focused efforts. You have to be wise with money and not go into the poor house through your own stubbornness. You may need to adjust the value you are delivering or the audience you are pursuing until you find the true sweet spot where you are delivering relevant value for a specific audience who is capable and willing to pay for that value. You may need to improve to a point that what you are offering is truly better than your competition.

However, over the long term the key is to sustain focused efforts.

When money is short, adjust your spending, but sustain focused efforts.

When a long-time customer decides to stop working with you, sustain focused efforts.

When a potential great customer decides to go with someone else, sustain focused efforts.

When you injure yourself playing pickleball because you decided you needed a break from too much work, sustain focused efforts.

When you feel lousy or worn out, take a vacation, give your mind a rest and then sustain focused efforts.

I encourage you to study successful entrepreneurs, people like Oprah Winfrey, Sam Walton, Steve Jobs or the person in your neighborhood who built a successful enterprise in any industry. One secret that will reveal itself to you is how that person sustained focused efforts over an extended period of time. S 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. He also guides strategic decision-making meetings. And now he is also focused on helping people to develop their entrepreneurial mindset. Visit his free Business Performance Idea Center at www.thecoughlincompany.com

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YOUR NATIONAL SIGNAGE PARTNER

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- Serving up signage at Buffalo Wild Wings since 2001 - Working with 700+ corporate and franchise locations - Manufacturing and installing signs nationwide www.federalheath.com 2024 ISSUE 2 bww ad small v2.indd 1

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Avoiding

The Gutter:

How Not To Embarrass Your Customers

by Danny Snow

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s a customer experience speaker, I often share how the smallest interactions can impact a customer’s perception of a brand. It can be in negative or positive ways. A recent experience at a bowling alley brought this to light in an unexpectedly vivid way.

While enjoying an afternoon of bowling with my son, a seemingly minor interaction on the lane next to us caught my attention. A young man who was in his mid-20s was there with his girlfriend and he was struggling at the beginning of his first game.

After his third consecutive gutter ball, an employee happened to see this. The employee walked by and jokingly offered to put up the bumpers for him. In my mind, I found this to be rather amusing. It’s the same kind of joke I would make to a buddy of mine if we were bowling together, and he did the same thing.

At the same time, I realized how embarrassing this moment must have been for the guy in front of his girlfriend.

Having been a league bowler at this particular alley for the past year, I knew the employee who made the comment. I also knew her intention at that moment was light-hearted. Had this been a regular bowler at the alley, it likely would have been

received very differently. Unfortunately, the man was clearly embarrassed. He likely found the experience to be rather emasculating.

I’m a big believer in having fun with your customers (when appropriate). You should always be on the lookout for opportunities to interact and connect with them throughout your daily work routines.

When I worked on Big Thunder Mountain at Walt Disney World, we’d see thousands of people every day. As cast members, we all tried our best to interact with as many guests as possible in the brief moments we had with them. We knew it was close to impossible to have a moment with every guest. But, with that mindset, we knew we had the opportunity to elevate the experience for a large number of guests every single day.

This particular interaction at the bowling alley illustrates a critical aspect of customer experience: reading the situation and understanding the customer dynamics. As I mentioned earlier, joking with a friend or one of their regular customers would have likely been received with laughter.

But, the same joke to a customer that you don’t know in this particular setting resulted in a very embarrassed customer.

Embarrassing your customer isn’t a winning strategy to build loyalty.

2. Training for Customer Service Excellence: Proper training in customer interaction can help avoid these pitfalls. Employees should be equipped with the skills to engage in a positive manner with customers, recognizing the thin line between a light-hearted comment and one that might be offensive.

3. Building Brand Image and Customer Loyalty: Every interaction contributes to the overarching perception of your brand. Negative experiences, even if minor, can overshadow previous positive impressions.

The incident at the bowling alley serves as a potent reminder of the complexity of customer interactions. It’s not only about what we say but understanding the broader context in which we say it. As businesses, it’s our responsibility to cultivate an environment where our customers feel respected and valued at every turn. By fostering empathy, training employees and always considering the context, we can avoid embarrassing our customers and build lasting, positive relationships.

Our actions, no matter how small, can impact our customers’ perception and loyalty. Strive to make every moment with your customer count! S

Critical Aspects of Exceptional Customer Service: 1. Empathy in Customer Experience: Understanding your customer’s feelings and situation while doing business with you is crucial. Connecting and having fun with your customers is a key component to building ongoing loyalty. However, your connection should be customized to each customer based on their unique situation. What might be a joke in one context can be embarrassing or hurtful in another.

DANNY SNOW is a sales and marketing director and professional speaker with over 10 years of experience in customer service, leadership and training. With a proven track record in driving business success and fostering strong teams, he specializes in helping organizations achieve excellence through employee development and exceptional customer service. Danny can be reached at www.snowassociates.com or at (407) 294-1855.

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uch of what plagues organizations these days has to do with their processes. And the processes have everything to do with the personal processes of the individuals involved. (Read between the lines here: “organization” can refer to two people in a relationship, as well as a multinational corporation.) Process vulnerabilities are challenged with stress, which is mounting daily in our world because of the increasing volume and speed of input that changes things.

Most of you reading this have received more priority-shifting and project-creating stuff in the last seventy-two hours than your parents probably received in a month.

Change always produces pressure on a system, even if it is totally for the best. Because systems are created to match the needs, direction and outcomes of the organization at a certain point in time, when times change and those drivers are altered in any way, it puts stress on the organism until it adjusts appropriately. How well does it respond to new situations and input? What happens to the systems, the grooves, the procedures, when something out of the ordinary, something unexpected in substance or scope, lands on the radar? And not just the unexpected stuff out of left field – what happens when

by David Allen

already-foreseen new goals and horizons are identified and tossed into the organization to implement?

Pressure on a system will always show up at the weakest connection points.

Where are they, organizationally? The same places they are individually – avoidance of decisions; unclear, incomplete or nonexistent communication; ambiguous accountabilities; and swollen inventories of potentially conflicting commitments.

Example: A new situation occurs (a competitive product launched, a senior executive fired, a new regulation enacted, an irate neighbor, etc.) Someone is aware of the situation senses that something ought to be done about it, but doesn’t decide what, exactly, needs to be done. People who ultimately will need to know about the problem or issue to deal with it are not informed.

There is a lack of clarity about who owns the resolution of the situation and therefore no one has their gut tied enough to it to move it to completion (amidst the chaos of everyone else’s current set of agendas). And anyone aware that they have some involvement with the situation or its impact feels the pressure

of an “open loop” holding some piece of their psyche hostage, contributing further to overloaded circuits. This then leads that person to avoid action decisions, and the whole cycle becomes contagious. Does any of this sound familiar to you, about something in your universe, as you read this? Virtually everyone I have ever coached has identified at least one if not several such scenarios going on, at that moment.

The insidious factor is that the faster things change, the easier it is for these unproductive and unhealthy syndromes to emerge and multiply. And the more senior the person involved in these less-than-ideal practices, the more they are magnified in consequences for the culture, simply because his/her micro is a lot of other people’s macro. Ever been whipped around at the end of a chain of folks hanging on to each other on an ice rink?

One of the greatest sources of stress and saboteurs of productivity is mid- to senior-level people avoiding action decisions about situations when they first arise; waiting until the heat gets so hot (from their boss, the client or the circumstances) to determine what needs to happen and who needs to do it; and at the last minute spewing the resultant crisis through multiple levels in the organization, creating pain, frustration and the derailment of process and morale.

The bad news is that this seems almost universal, in even the best of environments. The good news is that there are things that can be done to improve those practices. But it’s not handled by blaming individuals or preaching platitudes about productivity and quality. It can only be improved by a change in the behaviors of all the people involved. If physical and mental environments

were kept cleaner, focus was more specific on discrete inputs, systems made seamless and more efficient and kick-start actions were determined and appropriately allocated on open items from the start, these weak spots in organizational process can be plugged up. Whole cultures can move themselves up the food chain in constructive responsiveness to change. We’ve seen this happen in varying degrees, depending upon the buy-in of the most visible players and whether those old dogs are willing to learn new tricks.

The most successful executives/professionals/people keep their decks clear, make decisions on the front end, dispatch the results to trusted people and systems, track commitments rigorously (their own and others’) and get physically engaged taking actions on the projects they own. Those are learnable behaviors, able to be systematized, that build capacity for dealing with the next surprise as the next opportunity. S

After decades of in-the-field research and practice of his productivity methods, DAVID ALLEN wrote the international best-seller Getting Things Done (GTD). Published in over 28 languages, TIME magazine heralded it as “the defining selfhelp business book of its time.” In 2015, he released a new edition of the book, with new insights, updates, and discoveries about the GTD methodology and its many personal and professional applications.

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2024 FBS

Maximizing Franchise Success:

The Key To Reducing Labor Costs and Liability

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t INFINITI HR, we help franchises reduce total labor cost, mitigate employer liability through master aggregated risk pools, and leverage the economies of scale of a large enterprise for your competitive advantage - making it possible for Buffalo Wild Wings® franchises to grow faster.

In the competitive world of franchise business, every dollar counts, and every risk must be carefully managed. It’s no secret that one of the most significant challenges facing franchise owners is finding ways to reduce labor costs while also mitigating employer liability. Fortunately, there are solutions designed specifically for franchises that can help alleviate these pressures

and pave the way for long-term success. At INFINITI HR, we understand the unique needs of franchise businesses, and we’re here to provide expert guidance.

Holistic Solution: Tailored Franchise Support

INFINITI HR excels in reducing total labor costs while providing comprehensive liability protection through expert management of regulatory compliance, payroll and access to industry-leading benefits. Our approach is simple yet effective: we help franchise owners streamline their HR processes, optimize their workforce and minimize their liability exposure.

OUR SERVICES INCLUDE:

• Payroll & Tax Filing • State-Specific HR Director & Complimentary Recruiting • HRIS Platform • Federal & State Compliance Regulation • Employee Handbooks • HR Solutions

Why Choose INFINITI HR?

• Industry Expertise: With years of experience serving Buffalo Wild Wings franchise businesses and more, we have the knowledge and expertise needed to address the unique challenges facing franchise owners.

• Personalized Service: We understand every franchise is unique, which is why we take a personalized approach to every client. Our team works closely with franchise owners to develop customized solutions that meet their specific needs and objectives.

• Cost-Effective Solutions: Our goal is to help franchise owners reduce costs while maximizing value. By outsourcing HR functions to INFINITI HR, franchises can save time, money and resources, allowing you to focus on what you do best – growing your business.

About INFINITI HR

INFINITI HR, the Professional Employer Organization for Franchises®, stands as a pioneering solution tailored exclusively for franchisors and franchisees across all 50 states. With the distinction of being the first customizable PEO of its kind, our service is designed to suit franchises of any scale or scope. By leveraging the power of numbers, our customizable PEO significantly reduces total labor costs, mitigates employer liability through master aggregated risk pools and taps into the economies of scale of larger enterprises, thus providing a competitive advantage that fosters faster growth for franchises. Recognized as the “Best PEO of 2023” by Digital.com, as well as a “Top Franchise” by Entrepreneur and “Best PEO of Franchises” by The Balance, INFINITI HR has continually demonstrated excellence in its field. Additionally, our consistent presence on the INC. 5000® list for 10 consecutive years speaks volumes, reaffirming our position as one of America’s fastest-growing and most admired companies.

Get Started Today!

Don’t let labor costs and liability risks hold your franchise back.

Partner with INFINITI HR and unlock the full potential of your franchise business. Contact us today at JJBlount@infinitihr.com or (623) 455-6234 to schedule a consultation and learn more about our tailored franchise solutions.

AT INFINITI HR, WE HELP FRANCHISES!

• • • •

HRIS Platform Employee Handbooks HR Solutions AND more…all at a low, flat, grandfathered discount exclusively for BWW’s!!!

2024 Issue 2

LEARN MORE WITH JJ! JJBlount@infinitihr.com 623.455.6234

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Payroll & Tax Filing State-Specific HR Director Complimentary Recruiting Federal & State Compliance Regulation

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ADVERTISERS GUIDE 2025 FBS Summit

3

Budderfly 786-442-5065

7 www.budderfly.com

Buffalo Wild WingsTM Foundation 24 cstranberg@inspirebrands.com www.foundation.buffalowildwings.com Ecolab 800-321-3687 Elevanta Health 678-797-5160

IF elevantahealth.com/fbs

Federal Heath 817-685-9075

33 www.federalheath.com

Foster Poultry Farms 209-917-2962

31 www.fosterfarms.com

Georges Inc. 479-927-7000

6 www. georgesinc.com

Heineken 770-377-6959

27 www.heinekenusa.com

INFINITI HR 623-455-6234

39 JJBlount@infinitihr.com

Instant 689-777-8150

23 www.instant.co

Lockton Affinity 844-403-4947 McLane Foodservice Inc. 972-364-2050

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33 www.ecolab.com/restaurants

35 lynn.modisette@mclanefs.com 11 www.bellsbeer.com

PepsiCo 732-618-8578

BC www.pepsico.com

37 www.pincomcap.com

Retail Tech Inc. 952-380-0493

9 johnson@retailtechinc.com

Sazerac 415-302-0202

15 cbanti@sazerac.com

Sierra Nevada Brewing Co. 520-405-1727

35 www.sierranevada.com

Stafford-Smith Inc. 405-772-1200 X: 3450

29 bww@staffordsmith.com

The Wasserstrom Co. 800-888-9963

37 bww@wasserstrom.com

UPshow 312-500-9200

6 up.show/ICTD

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

2024 EDITORIAL CALENDAR ISSUE

AD RESERVATION DEADLINE

PUBLICATION DATE

3

Aug. 2

September

4

Oct. 4

December

IB Elevanta.LocktonAffinity.com

New Belgium Brewing/Bell’s Brewery 910-638-3634

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Pinnacle Commercial Capital 781-664-8245

CALL FOR FRANCHISEE NEWS Issue 3 is due out September 2024. 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 Aug. 2. Our editorial staff can assist in writing the article.

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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.