Wisconsin Restaurateur - First Quarter 2018 by Wisconsin Restaurant Association

The Magazine of the Wisconsin Restaurant Association

Info to Go Q & A Restaurant Operations Resources

M Foodseidwest rvice Ex

• Work Opportunity Tax Credit • Proposed Tip Pooling Rule Change • Handling Foodborne Illness Complaints

March 1 2-1 It’s all a 4 • Innov bout • Conn ation • Food ections service

Sexual Harassment in the Restaurant Industry

It’s Time for Honest Conversations

First Quarter 2018

www.wirestaurant.org wirestaurant.org

Vol 85 • No. 1

!– is issubeers get this h t y o j En tion mem quarter Associa resource each valuable

The ultimate business experience for food, beverage and hospitality pros—

Struggling with staff retention?

Does your business stand out?

With seminars, quick bite sessions, a resource center and a keynote—all focused on workforce topics—you'll get the solutions you need to attract, build, train and retain a strong team.

Find your unique voice to drive more business. Get the help you need to cut through the marketing clutter in workshops, 15-min casual talks, 1-on-1 social media consults and more. It's all to amplify your brand.

Maximizing your business efforts?

Looking to engage professionally & recharge personally?

Discover proven tactics, entrepreneurial ideas and innovative products to address today's changing consumer desires and, ultimately, expand your customer base.

MFE has over 300 exhibits displaying an incredible range of products and services. You’ll discover the latest information, trends and solutions for increasing productivity and profitability. MFE is the ultimate business experience.

March 12-14

Wisconsin

2018

WISCONSIN CENTER

Restaurateur • First Quarter 18

in Milwaukee

One registration gets you access to both events. Find exactly what you’ve been looking for— and what you didn’t even know you needed. Midwest Foodservice Expo • Workforce solutions to attract new talent and train to retain key staff • 300+ exhibits to taste and test out • Get “On Fire” at your workplace with keynote speaker Eric Chester

Restaurant Marketing Symposium • A packed schedule of inspiring marketing sessions to get customers in your door • The Social Speak-Easy, a drop-in resource center for all your social questions • Focused training in a 15-minute laid back learning environment

800.589.3211 or expo@wirestaurant.org Activate your badge & save! $30 pre-registration is happening now at

EverythingFoodservice.org WR First Quarter 18 • Wisconsin

Restaurateur

Wisconsin

Restaurateur â&#x20AC;¢ First Quarter 18

T h e M a g a z i n e o f t h e Wi s c o n s i n R e s t a u r a n t A s s o c i a t i o n

T H I R D I N A 3 - PA RT S E R I E S

First Quarter 2018

Vol 85 • No 1

1 Midwest Foodservice Expo It’s the ultimate business experience for food, beverage and hospitality professionals in the Midwest.

10 Info to Go:

Answers from the WRA Hotline Team

14 Working Hard to Build Your Workforce This third article in a 3-part series on workforce challenges illustrates how some operators in Wisconsin have approached the demands of finding and keeping employees.

22 Sexual Harassment in the Restaurant Industry

It’s Time for Honest Conversations With a flood of sexual harassment and assault revelations from almost every industry in the headlines, it’s critical to look at this issue in our own industry.

28 Handling a Foodborne Illness Complaint or Outbreak 32 The Work Opportunity Tax Credit 35 Proposed Tip Pooling Rule Change 36 Featured Products at the Midwest Foodservice Expo Co-editors Tracy Kosbau & Katie Reiser Art Director Gary Cox Advertising Director Ryan Pettersen Managing Editor Susan Quam

Circulation Director Ryan Pettersen Layout and Electronic Imaging Shane Sanders Printing Royle Printing, Sun Prairie

4 A La Carte 6 Chair’s Column 8 President & CEO’s Column 40 WRBN

Statements or expressions of opinion here are those of the authors and not necessarily those of Wisconsin Restaurateur, the Wisconsin Restaurant Association or editors. In no event will the authors, the editors, the reviewers or the publisher be liable for any damages resulting from use of this material. The publication of any advertisement is not to be construed as an endorsement of the product or service offered unless the ad specifically states that there is such an endorsement or approval.

Wisconsin Restaurateur is the official publication of the Wisconsin Restaurant Association. Published quarterly by the Wisconsin Restaurant Association with editorial and executive offices at 2801 Fish Hatchery Rd., Madison, WI 53713. 800/589-3211. Postmaster: send address changes to Wisconsin Restaurateur, 2801 Fish Hatchery Rd., Madison, WI 53713. Periodicals postage paid at Madison, WI and additional offices. Publication number (USPS 688-540) ISSN 0274-7472. Subscriptions: $17.50 annually; $8.00 per copy. Non-members $32.00 annually.

First Quarter 18 • Wisconsin

Restaurateur

Visit us online at wirestaurant.org

A La Carte A S a v o r y S a m p l i n g o f R e s t a u r a n t N e w s a n d Tr e n d s

Top 20 Food Trends

New cuts of meat House-made condiments Street food-inspired dishes Ethnic-inspired breakfast items Sustainable seafood Healthful kids’ meals Vegetable carb substitutes Uncommon herbs Authentic ethnic cuisine Ethnic spices Peruvian cuisine Housemade/artisan pickles Heritage-breed meats

A La Carte FOR 2018

A La Carte The National Restaurant Association surveyed nearly 700 professional chefs who are members of the American Culinary Federation on which food, cuisine, beverages and culinary themes will be hot trends on restaurant menus in the year ahead. Menu trends that will be heating up in 2018 include doughnuts with nontraditional filling, ethnic-inspired kids’ dishes, farm/estate-branded items and heritage-breed meats. Trends that are cooling down include artisan cheeses, heirloom fruits and vegetables and housemade charcuterie. Here’s a sampling of some of the key results.

WRBN

Top 10 Concept Trends

Roundtable

Wisconsin

Meals in Mason jars Offal Bitter melon Algae Spiralized vegetables Pumpkin spice Flavored popcorn Egg-white omelets/sandwiches Fried chickpeas Black/forbidden rice

Thai-rolled ice cream African flavors Ethnic-inspired kids’ dishes Doughnuts with nontraditional filling Gourmet items in kids’ meals Ethnic condiments Ancient grains Hyper-local Chef-driven fast casual concepts Natural ingredients/clean menus Food waste reduction Veggie-centric/ vegetable forward cuisine Locally sourced meat and seafood Locally sourced produce Simplicity/back to basics Farm/estate-branded items Environmental sustainability

For the full report, visit restaurant.org— click on News & Research.

Yesterday’s News

Perennial Favorites Shellfish Barbecue Bacon Comfort food Gelato Hand-made pasta Breakfast burritos/tacos Mediterranean flavors Juice/milk in kids’ meals Breakfast hash

Restaurateur • First Quarter 18

NCR and Retail Data Systems Announce Their New Partnership To Bring

To Wisconsin Restaurateurs NCR Provider of

Retail Data Systems of Wisconsin Provider of Premier Service and Support to Wisconsin Restaurants for over 30 years

Comprehensive POS and Back-Office Solutions For Restaurants

CALL TO DISCUSS HOW

CAN BENEFIT YOUR RESTAURANT

Visit Us in Booth #310

Paul Ek 262-993-4192 (cell) pek@rdspos.com Bill Hughes 262-227-4115 (cell) bhughes@rdspos.com Mark McCollow 262-470-0161 (cell) mmccollow@rdspos.com RDS 800-779-7052 (office) www.rdswisconsin.com

Proud Member of the WRA

WRA Now Offers Posters and Signs in English AND Spanish

Please!

WRA has translated a variety of posters, signs and forms into Spanish to help restaurants communicate critical info more effectively with Spanish speaking employees. • Ready to post signs • Frequently used forms • Chapters from WRA’s Handbook for Excellent Restaurant Operations (HERO) manual on teen and overtime laws

Materials are available for free to download in Members Only or by purchase in the WRA online store

wirestaurant.org

NO Shoes NO Shirt WASH HANDS NO Service BEFORE RETURNING

TO WORK LÁVESE LAS MANOS ANTES DE VOLVER ¡Por favor! AL TRABAJO Because unclean hands spread disease, the Wisconsin Food Code (ATCP 75 Appendix – Personal Cleanliness) requires that persons engaged in food preparation shall maintain a high degree of personal cleanliness and shall observe good hygienic practices during all working periods. Persons engaged in food preparation shall wash their hands before beginning work, after using toilet facilities, eating, smoking or engaging in other activities that may contaminate the hands.

SIN zapatos SIN camisa NO hay servicio

First Quarter 18 • Wisconsin

Debido a que las manos sucias transmiten enfermedades, el Código Alimentario de Wisconsin (Apéndice ATCP 75 - Limpieza Personal) requiere que las personas que se dedican a la preparación de alimentos mantengan un alto grado de limpieza personal y observen las buenas prácticas de higiene durante todos los períodos de trabajo. Las personas que se dediquen a la preparación de alimentos deberán lavarse las manos antes de comenzar a trabajar, después de usar las instalaciones sanitarias, comer, fumar o participar en otras actividades que puedan contaminar las manos.

Restaurateur

W R A B o ar d Directors

o f

Executive Committee

Chair

An Exciting Year Ahead! by Jean Landreman Landreman's Family Restaurant, Kaukauna

llow me to introduce myself. My name is Jean Landreman. In 1995, my husband Mark and I opened Landreman’s Family Restaurant in Kaukauna. We truly are a “family restaurant.” Our two daughters were in high school when we opened the restaurant. They went on to college, married, had kids and both continue as part- and full-time employees. I’m not sure where we would be without their help and dedication. We just started our 23rd year in business. Of our 25 employees, eight have been with us from the beginning. At the Awards Dinner during the Midwest Foodservice Expo last March, Mark and I were honored as the 2017 Restaurateurs of the Year (ROY). What an absolutely humbling experience. As many of you may agree, serving our industry and community is something we do because it is in our nature. It’s the way we were raised, to give back, not seek recognition. But when recognition does happen of this magnitude, it is truly an honor. We still get emotional just thinking about it. Thank you again to the awards committee. I would like to thank Ada Lara Thimke from the former Lara’s Tortilla Flats in Oshkosh for trusting me in this role as chair. She appointed me to the WRA board of directors executive committee when she was chair of the board. My husband, Mark, had worked in the restaurant industry for over 20 years when we opened our own restaurant. His former employer was a WRA member, so we became members even before we opened the doors. We were fortunate to have already known the value of the association. You may not know this, but any WRA member can attend the state board of directors’ meetings. As chapter president, I was encouraged to attend state board meetings, and that’s how I got where I am today. After attending those meetings during my chapter presidency for two years, I inquired about serving on the state level. Nobody asked me; I pursued it. My point here is, if you are interested at all about getting involved, just do it. Don’t wait to be asked, WRA is excited to learn your opinions, thoughts and expertise from working in our great industry. My platform this year is “Get Involved.” I encourage you to attend chapter events and meetings. This is the perfect opportunity for you to tell your story and voice your opinion. It’s also a great way to network and brainstorm with industry leaders who are in the same boat you are and learn what they are doing to solve or avoid problems. We are a part of something that everyone needs and wants, not only food and nourishment, but engagement, conversation, interaction and experience. We are hospitality. As a member of the executive committee this year, I was honored to be on the selection committee for WRA’s new President & CEO. There were 14 of us from all over the state that had the opportunity to be a part of a process that hasn’t happened in our association for almost 36 years due to the longevity of Ed Lump’s tenure at WRA. We are proud of what we accomplished and strongly believe we chose the best candidate to not only honor and preserve Ed Lump’s legacy, but give the association a new perspective and energy. Please welcome Kristine Hillmer as WRA’s new President & CEO. Kristine does not officially start in her position until April 1, 2018. She has however already attended some important events like Restaurant Advocacy Day in Madison on January 24 and she'll be at the Midwest Foodservice Expo March 12-14. I strongly encourage you to attend the Expo, not only to meet Kristine, but to see firsthand that WRA has your back. Feel free to contact me at lfr1995@hotmail.com. Wishing you a prosperous New Year!

Wisconsin

Chair of the Board Jean Landreman Landreman's Family Restaurant, Kaukauna Chair Elect David Flannery Apple Holler Restaurant, Sturtevant Treasurer JoAnne Palzkill Draganetti's Ristorante & Taverna Grill, Eau Claire Area President & CEO Ed Lump, fmp Wisconsin Restaurant Association, Madison Immediate Past Chair Susan Patterson Al & Al’s Stein Haus, Sheboygan Chris Wiken Packing House, Milwaukee Danielle Baerwald Erv's Mug, Oak Creek Kris Larson Becket's, Oshkosh The board of directors is comprised of restaurant operators from around the state and industry supplier representatives. The board directs the WRA staff and sets the policies of the Association.

W R A E d u c at i o n F o u n d a t i o n B o ar d of Directors Executive Committee Chair of the Board Russell Tronsen Badger High School, Lake Geneva Chair Elect Rhoda Steffel Mark's East Side, Appleton Treasurer Mac Dorn Culver's, Johnson Creek Secretary/Executive Officer Ed Lump, fmp Wisconsin Restaurant Association, Madison Immediate Past Chair Lynn McDonough Connell’s Restaurants, Eau Claire WRA Chair of the Board Jean Landreman Landreman's Family Restaurant, Kaukauna Joe Anderson Anderson Foodservice Solutions, Waukesha David Ross Lake Lawn Resort, Delavan The Foundation board of directors is comprised of approximately 30 individuals who are foodservice operators, educators and industry suppliers. The board directs the WRA EF staff and sets the policies of the Foundation.

Visit www.wirestaurant.org for a complete listing of board members.

Restaurateur • First Quarter 18

Kristine Hillmer Named President & CEO of the Wisconsin Restaurant Association

he Wisconsin Restaurant Association (WRA) announces Kristine Hillmer as its new President & CEO after an extensive nationwide search. In 2017, WRA’s longtime President & CEO, Ed Lump, announced that he will retire at the end of March, 2018. Hillmer will assume the President & CEO position full-time starting on April 1, 2018. Hillmer, who holds an MBA and Certified Association Executive credentials, has over 24 years’ experience working with associations, including both trade and professional societies. “The Wisconsin Restaurant Association is one of the most prestigious associations in Wisconsin and I am honored to be joining their team as the next President & CEO,” says Hillmer. “I look forward to working on behalf of the thousands of WRA members and continue the great work of the WRA staff and volunteer leaders. As an advocate for the foodservice industry, WRA leads the way in supporting thousands of foodservice businesses representing 271,600 people employed in the industry with an economic impact to the state of Wisconsin of $8.6 billion in sales.” Lump congratulates Hillmer on being selected as his successor. “Her qualifications speak for themselves,” says Lump. “She is a visionary and a proven leader. I look forward to working with her over the next few months to ensure a smooth transition.” Hillmer has great respect for the Association’s current reputation under Lump’s leadership. “I would like to offer congratulations to Ed Lump on his retirement after his many years of service to the Wisconsin Restaurant Association,” says Hillmer. “His great work has helped to make the WRA a leading advocate on behalf of members and businesses around the state. Best wishes to Ed, his wife Susan and his entire family as they begin the next chapter after the WRA.” According to WRA’s immediate past Chair of the Board, Susie Patterson, owner of Al & Al’s Stein Haus in Sheboygan, who led the search committee, “I would like to congratulate both Ed and Kristine. It was a great search and I feel WRA will be in good hands. While respecting the legacy Ed has given us, we are excited to have Kristine with us for the future.” WR

First Quarter 18 • Wisconsin

Restaurateur

Chairman

President & CEO “A Time for Everything Under the Sun” by Ed Lump, FMP WRA President and CEO

WRA Board of Directors

his issue of the Wisconsin Restaurateur marks the last column that I will write as President & CEO. Most readers probably know by now that I am retiring on March 31, 2018. I have written over 300 columns in my 37 years with only one re-run. I will miss writing this column because it’s fun, but I won’t miss the deadlines. When I was hired, the Board of Directors gave me a few instructions; grow the membership, improve the finances and win in the state legislature. This has been the directive ever since then. Of course, I must report to a vigilant Finance Committee and Board. The number of restaurants we represent today is more than 15 times the number in 1981. Financially, we are much stronger both in annual income and reserves. Because of this, the association has been able to weather four major recessions without a decline in services. WRA added an Education Foundation in 1987 to administer scholarships, oversee food safety and alcohol service training (ServSafe®) and manage the nationally acclaimed high school culinary and management curriculum (ProStart®); now in over 110 Wisconsin schools. Workforce development is high on the foundation’s list of current tasks. WRA EF now has a strong and growing endowment. Legislatively, we have developed an excellent reputation for our advocacy efforts. Our accomplishments have been too numerous to list, but WRA has almost never approached a legislative issue with an absolute no. We have always tried to mold legislation to achieve the largest benefit for our members. We have always been an association not of the past but of the future. WRA’s Midwest Foodservice Expo continues to evolve, innovate and prosper. As a restaurant owner, I attended my first show in 1970. The 2018 show will be the 48th that I have attended either as a customer, vendor or staff. I look forward to seeing you all at the Expo this year. I would be remiss if I didn’t thank every Chair and Board member who has ever served on the Board of WRA or WRA EF. No CEO can ever run an effective organization that does not have a Board made up of leaders that are willing to give generously of their time, treasure and talent. The Board has always given me the resources to hire, develop and maintain a top flight professional staff. Top to bottom, full or part-time, the staff of WRA and WRA EF never forgets that they serve the members and the industry. We have developed a true servant culture at WRA. I can't say enough about my staff. They are a team and they are a family. I love them all. I want to compliment the members of the Executive Selection Team, particularly their leaders, Susie Patterson and Jean Landreman. Readers cannot imagine how much time and effort these individuals put in over the last 12 months to choose your new CEO. This was all volunteer time from men and women who have businesses to run. In my opinion they have made an excellent choice. I believe Kristine Hillmer is a visionary who will move WRA forward to meet the challenges before us. She will be at the 2018 Expo. Please give her a warm WRA welcome. I have been so blessed to have been the President & CEO of WRA. To this point, this has been my life’s work. As the title of this column that I borrowed from Ecclesiastes 3:1 says, there is a time for everything under the sun. It’s hard to retire from something you love. However, WRA is in a good place and so am I. So, it is time. God bless WRA, God bless all of you and God bless America.

Wisconsin

L R

o c al

W RA

h a p t e r

h a i r p e r s o n s

e p r e s e n t a t i v e s

Participating at the local level is a great way to get involved with WRA and network with others in the foodservice industry. Visit www.wirestaurant.org/chapters for a comprehensive chapter map and listing. Big Four Chapter Maggie Kauer Culver's Little Chute (920) 427-9897

Milwaukee Chapter Brad Hammen Outback Steakhouse Greenfield (414) 817-1800

Blackhawk Chapter Chico Pope Buckhorn Supper Club Milton (608) 868-2653

Northwoods Chapter Mike Pitzo (area representative) Polecat & Lace Minocqua (715) 356-3335

Door-Kewaunee Chapter Lars Johnson (area representative) Al Johnson's Swedish Restaurant Sister Bay (920) 854-2626 Eastern Shore Chapter Susan Patterson Al & Al’s Stein Haus Sheboygan (920) 452-5530 Green Bay Chapter Jay Gosser Legends Brewhouse & Eatery Green Bay (920) 662-1111 La Crosse Chapter Gary Rudy Rudy’s Drive In La Crosse (608) 782-2200 Madison Chapter Jason Salus Tuscany Grill Madison (608) 270-1684

Restaurateur • First Quarter 18

South Central Chapter Al Pentell (area representative) Pentell Management Wisconsin Dells (608) 254-6746 Southeast Chapter Dick Rudin (area representative) House of Gerhard Kenosha (262) 694-5212 West Wisconsin Chapter Lynn McDonough Connell's Restaurants Eau Claire (715) 723-5656 Wisconsin River Valley Chapter Eric Freund Sky Club Plover (715) 341-4000

Ed Lump WRA President & CEO June 1, 1981 to March 31, 2018

Thank you Ed for 36 years of strong leadership and dedication to the Wisconsin Restaurant Association and the restaurant industry.

We wish you well in your retirement!

First Quarter 18 â&#x20AC;˘ Wisconsin

Restaurateur

Info to Go Q u e s t i o n s a n d A n s w e r s A b o u t R e s t a u r a n t B u s i n e s s f r o m t h e W R A H o t l i n e Te a m C a l l 8 0 0 . 5 8 9 . 3 2 1 1 • Vi s i t w i r e s t a u r a n t . o r g

by K atie R eiser

A customer brought her service dog into our restaurant and insisted that we needed to supply a bowl of water for the dog. I had some doubts about whether or not this dog was actually a service animal.

Q: A:

I just hired a 16-year-old busser and he claimed that he doesn’t need to have a work permit. Is that true?

Yes! This is true and it’s good news for many restaurant operators in Wisconsin who hire teens. Governor Walker signed AB25—Child Labor Permits—into law in June of 2017. This is the official scoop from the Department of Workforce Development: Effective June 23, 2017, 16- and 17-year-old minors will not be required to obtain work permits prior to beginning work. This law also changes the terminology to be used and refers to the “employment of minors” instead of “child labor.” There are no other changes to the child labor laws. Prohibited employment provisions still apply to work that 16- and 17-year-old minors can be employed to perform. Minors younger than 16 must obtain a work permit prior to beginning work, unless an exception applies, and the hours restrictions still apply. So, while 16- and 17-year-olds no longer have to obtain a work permit, the other laws regarding that age group’s employment still apply— scheduling, breaks, equipment restrictions, etc. and 14- and 15-year-olds must still get work permits. With our industry facing a challenging labor shortage, this new law streamlines the hiring process and can help get more teens working in restaurants around the state.

Wisconsin

There are a few issues at play here. Let’s start with your skepticism about this dog being a legitimate service animal. There is no “proof” that you can require. It’s not always obvious what service an animal provides and only limited inquiries are allowed. You, or your staff may only ask two questions: (1) is the dog a service animal required because of a disability, and (2) what work or task has the dog been trained to perform. Staff cannot ask about the person’s disability, require medical documentation, require a special identification card or training documentation for the dog or ask that the dog demonstrate its ability to perform the work or task. Service animals are defined as dogs (or miniature horses) that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications or calming a person with Post Traumatic Stress Disorder (PTSD) during an

Restaurateur • First Quarter 18

Info to Go anxiety attack. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA. Now let’s address the other component of your question…do you need give this dog a bowl of water? No. Seating, food and drink are provided for customer use only. The ADA gives a person with a disability the right to be accompanied by his or her service animal, but covered entities (like restaurants) are not required to allow an animal to sit or be fed at the table. Your staff is not required to provide care or food/water for a service animal. You can offer water in a disposable dish if you wish.

Our credit card processing costs are kind of steep. Am I allowed to deduct that processing fee from servers’ charged tips?

Yes, the amount that can be deducted from the total of the tips you received from customers using credit cards is subtracted from the tip portion. This is what the Department of Labor writes about it in their fact sheet on tips: Credit Cards: Where tips are charged on a credit card and the employer must pay the credit card

company a percentage on each sale, the employer may pay the employee the tip, less that percentage. For example, where a credit card company charges an employer 3 percent on all sales charged to its credit service, the employer may pay the tipped employee 97 percent of the tips without violating the Fair Labor Standards Act (FLSA). However, this charge on the tip may not reduce the employee’s wage below the required minimum wage. The amount due the employee must be paid no later than the regular pay day and may not be held while the employer is awaiting reimbursement from the credit card company. You can access that fact sheet at dol.gov/whd/regs/compliance/whdfs15.pdf Here is some sample language we have suggested that employers can use to explain the practice to employees: “We are currently charged a _% processing fee on credit card charges. This _% fee will be deducted from continued on page 12

First Quarter 18 • Wisconsin

Restaurateur

continued from page 11 any charged tips. If our fees on credit card processing change, the amount deducted from your charged tips will be adjusted accordingly.”

I got some emails from WRA about the Personal Property Tax but I wasn’t sure what this was about and if something changed.

The Personal Property Tax (PPT) has been an issue that WRA has been working on for decades. Finally, after a very concentrated effort last year by WRA lobbyists and the Coalition to Repeal Wisconsin’s Personal Property Tax, changes were made that will be good for restaurant operators in Wisconsin. However, there have been some questions about how operators should proceed. Essentially anything previously reported under Schedule C: Machinery, Tools & Patterns will now be exempt moving forward. The Coalition shared with the Department of Revenue (DOR) that many businesses filed under Schedule C or Schedule D: Furniture & Fixtures regardless of whether it was machinery or furniture because the tax ramifications were the same and they didn’t need to spend the time classifying items as long as it was reported. DOR responded that they

Wisconsin

are not issuing guidance and that these situations will need to be addressed by the local assessors. An accountant and attorney advising the Coalition confirm that businesses can “re-classify” machinery that may have been previously reported as Furniture as exempt (meaning that it will not be reported on their Statement of Personal Property). Based on this information, here are some suggested basic guidelines. However, it is critical that you work closely with your own accountant/ attorney to determine what is best for your business.

1. Statements of Personal Property will be due March 1, 2018 and will no longer include schedules for Machinery, Tools & Patterns or Computers and Related Equipment.

2. Start compiling and reviewing your personal property/fixed asset list now. 3. Each individual item/personal property owned will have to be individually evaluated to determine whether it is “Furniture & Fixtures,” “Other” or “Machinery/Tools.” If it falls under the definition of machinery, it does not need to be included on your Statement of Personal Property. The definition of machinery is: a structure or assemblage of parts that transmits forces, motion or energy from one part to another in a predetermined way by electrical, mechanical or chemical means. 4. By law, assessors have the right to view personal property based on the Statement of Personal Property, so be prepared to justify items previously reported as taxable that are now exempt. Keep in mind that this change in PPT won’t impact the 2017 tax bill that you receive in the first quarter of 2018. The effects of this change won’t be realized until the following year (March 2019 bill for 2018 taxes).

My restaurant occasionally has staff meetings. Do I have to pay my employees to attend? And if I do, how much do I have to pay my servers? Most meetings at work are going to be considered working time. The only time they won’t be considered working time is if the following four tests are met:

• Attendance is outside the employee’s regular working hours. • Attendance is truly voluntary. • The subject of the meeting is not related to the employee’s work. • The employee doesn’t perform any productive work during the meeting. Even if the meeting is considered voluntary, it is probably related to work and you must pay your employees to attend. If you threw a company party on a day your restaurant was closed and employees could choose whether or not to attend, you would not have to pay. A tipped employee would have to be paid the full minimum wage (currently $7.25 for most workers, $5.90 for opportunity wage earners) for attending a work related meeting. Tipped employees may only be paid below the full minimum wage during hours when they have an opportunity to earn tips or are doing sidework for their tip-earning work. Since the servers can’t earn tips during the meeting, you cannot take a tip credit. WR

Restaurateur • First Quarter 18

At MFE you’ll discover workforce strategies to: • Learn to attract talent that’s the best fit for you in the Workforce Connections Resource Center • Gain expert advice on creating a positive workplace culture in the workforce seminar line up • Find out how to motivate your employees in Monday’s Keynote ‘On Fire at Work’ • Develop a workplace culture that people want to be a part of

300+ Exhibits, Education, Events & more No matter what you come for, you’ll find it at MFE!

March 12-14

2018

WISCONSIN CENTER in Milwaukee

Produced by

Activate your badge now! Register at

EverythingFoodservice.org WR First Quarter 18 • Wisconsin

Restaurateur

T H I R D I N A 3 - PA RT S E R I E S by M ary Be rg in

t takes merely 27 seconds on YouTube for three youthful managers at Hilton Madison Monona Terrace to explain why they like their jobs. “You get to cross-train in all different departments, to really find your niche,” says one. “Every single day is a new opportunity to learn and grow,” says another. “Free parking” and “free food” count too. Their enthusiasm is clear, the tone is chatty-casual and the message sounds authentic. “Check out our job opportunities—we want you!” is how the succinct “Hospitality Rocks” video ends. Count Dr. Lynea LaVoy, director of Madison College’s hospitality management program, among the fans of this employer and its simple, straightforward recruitment tool. “People look to social media to make decisions about where they’ll earn their paychecks,” she observes. “They look to see the culture, how you’re treating your employees, how you’re treating your guests and what you’re doing to make a difference in your community.” Finding and keeping good employees are persistent challenges in the foodservice industry. Gone are the days when a “help wanted” ad, “now hiring” sign or Craigslist.com posting was enough. The number of people employed in Wisconsin has reached record highs, says the state Department of Workforce Development, and the

Wisconsin

unemployment rate was nearly a full point better than the national rate in late 2017. That means more competition among employers. “When the economy is strong and the restaurant business is as brisk as it is now, high-quality service employees are in high demand and short supply,” says workforce researcher and author Eric

Chester of Colorado, keynote speaker for the 2018 Midwest Foodservice Expo. “Smart restaurant operators need to be as savvy with their recruiting skills and tactics as they are with their marketing tactics and menu selection.”

Take time, stay positive You can’t afford to treat employee recruitment and retention as an afterthought, says Drew Nussbaum of the state Department of Tourism. “Make time to find the right applicants, and stop interviewing the wrong candidates,” the former restaurant manager advises. The selling point is not wages, he believes, but talking up “your reputation as a great restaurant and your personal reputation as an

Restaurateur • First Quarter 18

employer. Great employees want, and need, to work for great owners and managers.” Workforce Development staff say restaurants whose owners/managers are visible community contributors (offering

school tours, participating in job fairs and career days) are seen as desirable places to work. At Driftless Café, Viroqua, owner Luke Zahm focuses on “growing our younger employees internally,” which includes work-release employment through school districts. He attributes retention success to “higher-than-normal compensation, health insurance and the push to fourday work weeks.” Bob Prosser of Ishnala in Lake Delton (recently voted Wisconsin’s

First Quarter 18 • Wisconsin

number one supper club in the Department of Tourism’s Supper Club Showdown), considers current employees the best resource for recruiting new hires: “If your restaurant has a great team already that is very proud of where they work, it raises their value by bringing in somebody

Restaurateur

continued on page 16

continued from page 15 voice gets things done, you won’t inspire or encourage your employees to want to work with you.”

good.” Motivate everyone on the payroll to seek out new team members, Chester advises, and that means becoming the best restaurant in town for work. “Not easily achieved, but well worth the effort,” he says. Realize that customers notice everything, so “take the ‘help wanted’ and ‘now hiring’ banners off the front of the house, and get it off your marquee,” Nussbaum says. “It’s about staying positive when you’re short staffed, not desperation.” Use such signage strategically, and “say what you mean,” especially via social media and your website. Example: “Join Our Team. We Need GREAT People.” LaVoy says employees should feel as welcome as paying customers; that means work flexibility and choices. “It starts with culture,” she says. “You have to be the employer of choice so people want to work for you and then will work to keep your guests coming back. If you operate under the culture of fear in the kitchen, or that the loudest

Cultivate the right culture An engaging and nurturing culture is vital in employee recruitment, training and retention at Cousins Subs, where the employee turnover rate is below the

industry average. “We’re here to help people reach their goals. I think a lot of people miss that,” says Matthew Somoles, director of field services, who describes the right culture as “the key to success—culture helps eliminate high turnover” but “you can’t fake it—you have to truly care about your people.” The Menomonee Falls-based company’s People Development Plan is a bible for franchise operators, and new hires “know they have growth opportunities right away.” CousinsU videos explain company history, values and beliefs before moving to fun, interactive instruction. “We try to make a new employee feel comfortable instead of being thrown to the wolves,” Somoles says. Learning how to build a sub sandwich, for example, is presented as a game. Other workshops—baking, leadership growth, continuing education—are ongoing. Employees get product sales incentives ranging from gift cards to continued on page 18

Find Workforce Resources at the Expo This year’s Expo is all about workforce solutions. You’ll find educational seminars, quick bite sessions and a Workforce Connections Resource Center— all focused on what works to attract talent and retain a dynamite team.

March 12-14 March 12-14

2018 2018 M I L W A UCENTER K E E WISCONSIN W AAUUK K E E MM I I LL W EverythingFoodservice.org

This year’s keynote with award winning speaker Eric Chester will help you engage today’s workforce and ignite “On Fire” performance. Preview workforce solutions coming to the 2018 Midwest Foodservice Expo at EverythingFoodservice.org

Wisconsin

This year’s keynote speaker Eric Chester

Restaurateur • First Quarter 18

Sponsored by

NOW HIRING— Resources for Restaurants We’ve heard from our members that staffing is the number one concern right now for restaurant operators. It’s time to think outside the box on how to tackle this challenge.

WRA’s new website portal includes a variety of resources for finding employees—and keeping them. Take a look. You might find some ideas you haven't thought of before. Visit wirestaurant.org

First Quarter 18 • Wisconsin

Restaurateur

continued from page 16 Milwaukee Bucks tickets. It’s important not to sidestep the realities of the restaurant industry (weekend and holiday work, physical demands, entry level wages for some positions). And conversely, don’t downplay the potential for huge satisfaction when an ordinary workday helps make a customer’s day exceptional. “The industry is not ideal for everyone,” says Matt Martin, director of talent acquisition at Marcus Hotels and Resorts. “However, if you love it, you will always love it and very little in life will please you more professionally.” Another challenge for the restaurant industry is acknowledging and addressing common misconceptions. “Each and every one of us is a steward or role model for our industry,” Martin says. “We need to get away from

bad habits that become urban myth, like chefs that are mean and angry or restaurateurs and owners that don’t take care of their employees.”

Age spectrums Laws limit the number of hours that younger teenagers can work, but think beyond that age pool, to retirees who

Milwaukee Job Fair WRA is teaming up with Employ Milwaukee to host a job fair this Spring in Milwaukee. This is a free event for employers and job seekers.

Look for info on the WRA website in March. Contact Kim Burns at WRA at kburns@wirestaurant.org or 608-270-9950 for more information.

might welcome a part-time income supplement. Martin considers nearretirees as the fastest-growing pool of job candidates; around 10,000 Baby Boomers turn 65 each day. A multigenerational work culture need not complicate employee dynamics. “Knowing what makes each generation tick and understanding the values of each is important,” Somoles says. At Cousins Subs, bread is baked daily, and retirees tend to prefer the early-morning hours and work. “Mature workers often bring a sense of stability and responsibility to the workplace,” says Amy Hansmann of the state DWD’s Division of Employment and Training. “They may like the sense of belonging and camaraderie that is a part of restaurant work.” For a retiree whose career was a desk job, restaurant work might be a refreshing change of pace.

“Mature workers often bring a sense of stability and responsibility to the workplace” Amy Hansmann Wisconsin DWD Division of Employment and Training

Pair individuals from different generations as equals who each has a skill to share with the other, she advises. Try to understand what motivates each and tailor work to reflect personal strengths. Chester says age doesn’t matter much when deciding how to treat employees well: “Everyone who works for you wants the same basic things, a fair paycheck, to be accepted, a fun environment, respect, clear expectations. Their age simply gives you a clue as to how they’ll go about asking for or demanding those things.” continued on page 20

Wisconsin

Restaurateur • First Quarter 18

Now Hiring Signs from WRA WRA has created some spiffy and fun “Now Hiring” signs as a resource for restaurant operators. Just click and print. Or customize and print. It’s easy!

Choose from many options!

Visit wirestaurant.org and click on “Now Hiring: Resources for Restaurants” First Quarter 18 • Wisconsin

Restaurateur

continued from page 18

Tech Advantages

Jim Sullivan, CEO of Sullivision.com, says companies that leverage the newest technology to hire, train and improve their workforce have an advantage over competitors. “If I can apply for a job through my smartphone, be trained with short videos via a tablet and arrange my work schedule though an app, I am going to be more attracted to that company than one who is still paper-based and fails to leverage how I use technology into my job role,” Sullivan says. That’s particularly true for Millennials, which he notes are now a majority of US workers and customers. Sullivan is a foodservice consultant whose clients include Walt Disney Company, American Express, Coca-Cola, Culver’s, Taco Bell, The Cheesecake Factory, Starbucks and Panera Bread. He says a $15 per hour wage is inevitable, “so smart operators are looking at ways to leverage technology to automate tasks that people traditionally held. Restaurants are being designed to minimize labor, positions and workers as a result.” Example: digital ordering from tableside or fast-food kiosk. “When you replace waiters with iPad menus and put a runner in place to deliver food and beverage to the whole dining room, we’re seeing both three fewer waiters needed and higher check averages ranging from 8 to 12 percent. Tablets sell better with pictures, video and volume/peak pricing capabilities.”

Challenge stereotypes The public has misconceptions about foodservice work, and you may have illconceived notions about where else to find capable employees. Consider David Brann, a pre-cook at Lucille, a downtown Madison restaurant. “From the first day, I just started loving it more and more,” he says of his job. Brann, winner of the 2017 Wisconsin Job Honor Award, has autism and is one of the 1,200-plus people with disabilities who have found work in the restaurant industry within the past two federal fiscal years. “This is actually just an alternative labor force,” Evan Dannells, executive chef, said in a Goodwill of South Central Wisconsin blog. “I can’t stress enough that it isn’t a free ride. David’s an actual employee who has actual expectations, and he’s productive.” Tax incentives, such as the Work Opportunity Tax Credit (see page 32) are available to employers who hire targeted populations. Some ex-offenders—people with criminal records—are another untapped but valuable labor pool. When the match is right, you fill a job vacancy while helping somebody establish a stable life. “While we continue to try to poach and steal new hires from each other, many companies have learned we need to think about the big picture, and focus on our communities and what we need to do to help people who have barriers to employment or have a misconception about the service industry,” Martin says. He volunteers as a judge for the ProStart® Invitational management competition for high school students held at the Midwest Foodservice Expo every year, he sits on an advisory board

Wisconsin

for Employ Milwaukee, serves on the Washington High School Academy of Hospitality and tourism advisory board and supports adult education programs for the restaurant industry. Jeffrey McAlister, business sector specialist at Employ Milwaukee, helps match labor-force demands with job-seeker supply. The goal is meaningful work, especially among compromised populations in and near Milwaukee County. “One of the biggest issues is competitive wages,” he says. “We want employers who can help lay out a good career path for people. You may start as a busser, but people want to feel like they can earn more by doing and learning more.”

Your end of the deal Violet Rembert says some employers, such as Milwaukee’s Potawatomi restaurants, go out of their way to build relationships. They meet culinary students during career days and show up at graduation ceremonies to make job offers. Rembert is executive director of HeartLove Place, a nonprofit agency with Christian values whose programs aid the Harambee area of Milwaukee. Many are trying to work their way out of poverty or back into society after incarceration. Since 2002, at least 500 have completed the 14-week ProStart culinary arts and job readiness program and certification. Rembert says she is not interested in matching her students with employers who don’t demonstrate room for career growth. “The issue is paying a living wage,” she says. “A lot of people in our program are trying to support a family.” WR

Restaurateur • First Quarter 18

“Very often business demands or needs dictate you fill a role with the best available candidate. This practice is fine for a percentage of your openings but you need to always keep an eye out for those with potential, looking for more out of a role than just a paycheck. Always be on the lookout for the host or hostess with aspirations to help market your business or plan parties, a server who wants to manage operations or a dishwasher who wants to be a chef or manage purchasing.” – Matt Martin, Marcus Hotels and Resorts “Your standards for hiring, training and leadership should never change, nor should your expectations. Whether your employee is 16, or 86, they expect to be able to respect you, the boss. You have to earn that respect by working with, observing, guiding and learning from your staff.” – Drew Nussbaum, Wisconsin Department of Tourism

“Millennials are not the problem. The problem is an entitlement mindset that’s been unfairly attached to younger employees who are bold in expressing what they want and expect from a boss and from a job. That’s a good thing. You don’t have to be Houdini to know what they are thinking and what they want from their manager. Ask them. They’ll tell you.” – Eric Chester, EricChester.com

Quick Quotes

A foodie walks into a bar. The bartender says, “ Sorry, we can’t serve you today. Our water heater is down and we can’t clean anything! ” Yes, that is a terrible punchline, but no hot water is no joke, especially in the food service industry. Our Rental & Service plans include 24/7 service coverage, so you’ll be seriously protected, 365 days a year. Whether you rent a water heater from us or protect your own with a Service Plan, you can start protecting your brand today for as little as $30/month.*

24/7 water heater repair & replacement Flexible coverage options to fit any budget No upfront capital costs Call Perry at 414-546-9299 for a FREE system analysis & get a quote to protect your equipment. For plan options & money saving offers visit ReliableWater247.com

1-800-356-1444 24/7

WATER HEATERS ∙ BOOSTERS ∙ SOFTENERS & MORE

First Quarter 18 • Wisconsin

Restaurateur

Serving the food service community since 1966.

ReliableWater247.com

SEXUAL HARASSMENT in

the

Restaurant

Industry

It’s Time for Honest Conversations by Mary Lou Santovec

Wisconsin

Restaurateur • First Quarter 18

oday’s headlines are full of people (primarily men) behaving badly. News stories report the lurid tales of the interplay of sex, employment and power in the workplace. Time magazine even named the “Silence Breakers”—the women and men who spoke out against sexual harassment—as its 2017 Person of the Year. Restaurant leaders Mario Batali, John Besh and Johnny Iuzzini recently have joined other high-profile men added to this “hall of shame.” Sadly, their stories are no surprise. Between 2005 and 2015, the Equal Opportunity Employment Commission (EEOC) received more than 85,000 charges of alleged sexual harassment. Of those charges, 48.3 percent identified the industry where the harassment occurred, and a large number—14 percent—occurred in the accommodation and food services industry. Now more than ever, it is important to have honest conversations about sexual harassment in the restaurant industry and work toward ensuring that every employee feels valued and respected.

Defining the problem

First of all, what is considered sexual harassment? Definitions can vary among different sources. According to the EEOC, teasing, offhand comments or isolated incidents that are not very serious do not constitute harassment. The types of incidents or activities that definitely go too far include unwelcome sexual advances, requests for sexual favors and other verbal or physical harassment of a sexual nature. Sources generally agree that sexual harassment can take one of two forms: quid pro quo or a hostile environment. Quid pro quo occurs when employment “decisions or expectations” are based on an employee’s willingness to say “yes” or “no” to sexual involvement of some type. continued on page 24

See What’s New at Booth #401! Midwest Foodservice Expo 800-933-2121 www.brakebush.com

Buttermilk Classic Fillet

Tater Chip™ Breast Pattie

Oven Roasted Wing First Quarter 18 • Wisconsin

Restaurateur

continued from page 23 Wisconsin's Department of Workforce Development (DWD) defines a hostile environment as one where “unwelcome verbal, nonverbal or physical behavior focusing on sexuality is severe and pervasive enough to interfere with the victim’s work performance or be intimidating or offensive to a reasonable person.” The EEOC concurs noting that “harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision.” That “adverse employment decision” can lead to the victim being fired or demoted. Comments don’t always have to be sexually charged to be considered harassment. Ongoing rude comments about gender to a female co-worker or commenting positively or negatively on an individual’s body is considered harassing behavior. Even if the perpetrator has no interest in a sexual relationship with the target of his or her remark(s) or intends the remark(s) to be a compliment or a joke, if the average person has a reasonable perception of a comment gone wrong, it can be considered sexual harassment. “Intent does not determine if it’s sexual harassment,” noted Attorney Jennifer Mirus, co-chair of the labor and employment practice at Madison’s Boardman and Clark LLP.

The legalities of sexual harassment

A case argued before the Seventh Circuit Court of Appeals in Chicago, the highest federal court that governs Wisconsin employers, concluded that “not all comments or conduct of a sexual nature rise to a level to be considered sexual harassment,” said Attorney Barry Chaet, a management labor lawyer who has represented hundreds of cases over 35 years. Chaet is a partner with Beck, Chaet, Bamberger & Polsky, S.C. in Milwaukee. “There’s a difference between a layman’s understanding of what sexual harassment is versus what the court views as illegal sexual harassment. The law against sexual harassment was not designed to purge the workplace of vulgarity.” DWD noted that “harassment is in

Don’t Panic—Help is Available While everyone can agree that creating a workplace climate of respect and safety is imperative, you may be feeling overwhelmed about how you can prevent, combat or investigate sexual harassment at your restaurant. Here are some suggestions: Educate yourself First, it could be helpful to do more reading to understand the issue and how recent news is shaping workplace environments. Restaurant Hospitality: The Beginning of the End of Sexual Harassment? Visit restaurant-hospitality.com/print/29536 Equal Employment Opportunity Commission’s Select Task Force on the Study of Harassment in the Workplace. Visit eeoc.gov/eeoc/task_force/harassment Proactively preventing harassment at your restaurant; actionable steps and practical advice The National Restaurant Association has an excellent article, Building a Culture to Prevent Harassment. It contains clear advice on how to identify your risk factors, share your policy, create a culture of accountability, establish a clear complaint process, avoid re-victimizing complainants, investigate, and take action, follow through with victim and documentation. Visit restaurant.org and search for “harassment” to find the article. The EEOC recently updated their training program for employers to prevent ALL kinds of harassment in the workplace. In the past, the focus had been on compliance and liability issues, but the new program focuses on creating a respectful and civil work environment for everyone. Their Harassment Prevention and Respectful Workplaces Training includes two options: Leading for Respect (for supervisors) and Respect in the Workplace (for all employees) with a focus on respect, acceptable workplace conduct and the types of behaviors that contribute to a respectful and inclusive workplace. To schedule on-site training, contact the EEOC’s Outreach and Education Coordinator in Wisconsin, Maria Flores, at maria.flores@eeoc.gov The NRA has a training DVD available for purchase for $125—Harassment & Discrimination Prevention. Visit servsafe.com/access/SS/Catalog/ProductDetail/SHSED2 In addition to the step-by-step complaint process they outline (see below), DWD has some very useful information on their website under the heading of Harassment in the Workplace. It includes “not sure” questions to consider in determining whether an employee or supervisor’s behavior is appropriate or not. They also have tips for managers on responding to employees’ concerns, important facts about harassment including this compelling point—“Sexual harassment often occurs when there is a disparity of power, not just when men and women work together.” Visit dwd.wisconsin.gov and search for “harassment in the workplace” to learn more. Kyle Cherek is moderating a discussion on workplace culture at the Midwest Foodservice Expo in Milwaukee on Tuesday, March 13th 11:30 am to 12:30 pm. You’ve received a complaint—now what? Check out the Harassment chapter in the Laws & Regulation section of your WRA HERO manual. It is based on materials from DWD’s Investigating a Sexual Harassment Complaint (visit dwd.wisconsin.gov and search for “investigating sexual harassment”). Call the WRA Hotline at 800-589-3211 if you don’t have a HERO manual. We can share information with you and put you in touch with attorneys who are experienced with this issue.

Wisconsin

Restaurateur • First Quarter 18

the eye of the beholder.” So what might be welcome attention to one employee may be offensive to another. “Conduct is unlawful if it’s unwelcome,” according to DWD. The courts consider various criteria when determining if the behavior is harassment, such as whether or not the conduct is physical or verbal, the nature and perceived intent of the person doing it, and whether or not the behavior is intimidating, hostile or offensive. The courts will also look at whether the behavior is unreasonably interfering with the work performance of the employee. “Is the employee coming to work late, leaving work mid-day, missing work or is uncharacteristically glum and sad?” asked Chaet. Whatever happens has to “unreasonably interfere with performance.” It’s designed to “prevent the workplace for women and men from becoming ‘hellish.’” The law doesn’t come down on restaurants for one offensive remark. To be considered sexual harassment, the law

looks at the context, whether the incident was a one-off or if it was a pattern of severe and pervasive behavior. One determining factor is the perpetrator. Is it a co-worker or a “supervisor, owner or agent of the company” doing the harassing? “The higher the level that the person has in the organization, the fewer instances of inappropriate behavior are allowed, if any,” said Mirus. “Wisconsin law has heightened restrictions or requirements for owners or agents of organizations.” In Wisconsin, a restaurant becomes liable for sexual harassment if: • The harassment is perpetrated by the owner or agent of the company in a position of responsibility. • The harassment is a situation of quid pro quo where if the employee refuses the sexual overtures of the owner/agent, she or he is demoted or fired. • The organization permits sexual harassment by coworkers, which, in turn, creates a hostile work environment. For example, at a Monday morning staff meeting, several male employees are bragging about their weekend sexual escapades in front of a female coworker. The coworker complains to management about the conversations; management agrees to address the issue continued on page 26

A Local Wisconsin Family Business Since 1928

It’s not just for breakfast anymore...

www.andersonsmaplesyrup.com First Quarter 18 • Wisconsin 2016_wr_andersons_ad.indd 1

Restaurateur

25 12/2/16 12:26 PM

continued from page 25 but never does. Failing to curb the Monday morning braggadocio creates a “hostile, intimidating work environment” for the coworker. “The law does not allow management to have a ‘boys will be boys’ atmosphere in the workplace,” said Mirus. Allowing it to continue will likely cost the restaurant owner, especially if the co-worker feels compelled to quit or is terminated in a manner that looks to be retaliation for her complaint. How can a restaurant owner be sued for the behavior of his or her employees? Chaet explains: “When an employer gives a manager control over the terms and conditions of another employee, then that employer is strictly liable... because he delegates authority to discipline to the managers.” Supervisors are paid to exercise professional judgement. “If anything happens outside of good behavior, the supervisor jeopardizes his job,” he said. “An owner is responsible for the people he or she has placed in positions of trust or power. They should know how to use it properly, both on and off premises.” If the harassment is between two employees at the same level, the employer is not liable unless he or she knew or should have known about it and took no actions or inadequate actions to prevent or correct the harassment.

Kitchens as “proving grounds”

The restaurant industry has been accused of having a history of marginal behavior. “One has to remember that kitchens in the Western world were run on a military hierarchy set in place by George Auguste Escoffier,” said Kyle Cherek, host of public television’s Wisconsin Foodie. “Today’s kitchens [especially high end ones] mimic the military and chefs set the tone for the company.” The industry’s history which comes out of the great French kitchens “can be those of brutality and harassment.” In the past, kitchens were all male; the chef d’cuisine had the power to abuse his staff. A certain type of machismo was prized 26

Wisconsin

in these kitchens. During the 1980s and ‘90s, a highly sexualized culture pervaded many industries and, according to reports in multiple media, men such as Batali, Besh and Iuzzini took full advantage of it with few ramifications. That is changing with more women in the kitchen. Contributing to the problem is the industry’s unique culture. “You’re all in it together to serve,” said Cherek, who spent time as a busboy and server prior to hosting Wisconsin Foodie. “A lot of close relationships are formed.” Because restaurant employees tend to socialize before and after work, the “culture breeds connectedness in many positive and negative ways.” “The culture of the restaurant industry tends to be relaxed, the industry is a form of entertainment, and guests are drinking and don’t always behave above board,” said Mirus. “That crosses over to the workplace culture.” “There can be a lot of sexually charged talk in foodservice,” acknowledged Cherek. “It can be stinging to both sexes in the room.” And as bad as it is for women and the occasional man to endure, it’s worse for members of the LGBTQ community. The behavior of managers and employees is not the only concern for restaurants. “Guests can also pose legal risk in regard to harassment,” said Mirus. “They’re paying to go to your restaurant, some drink to excess, and certain patrons take ‘staff service’ too far.” The restaurant is obligated to stop harassment whether it’s perpetrated by employees or third parties such as guests or suppliers.

Employees who are victims of bad behavior have two choices: calling it out or enduring it. Until the recent explosion of sexual harassment claims and increased awareness, many chose the latter, deciding that working in a professional kitchen gives them more training and/or the opportunity to work their way up. Some just need the job, fearing that if they report the behavior, they could see their careers grounded. “In some kitchens the incident(s) are part of the proving grounds,” for getting ahead or being one of the team, said Cherek. However, it’s time to challenge that paradigm.

An ounce of prevention

Making policies clear in your employee handbook can prevent a slew of problems. The handbook should include a two-part policy on sexual harassment. The first part defines the conduct that constitutes sexual harassment. The second clarifies what an employee should do if he or she is being harassed or sees a colleague being harassed. If your business does not have a handbook or if the handbook has no anti-harassment policy, then your restaurant faces much greater risk of liability for any bad behavior perpetrated against any employee. Your policy also needs to include a complaint mechanism. If an employee witnesses or experiences sexual harassment, they are to report the incident to the owner, general manager or anyone in management who then will investigate the matter. Managers should be trained to address complaints that come to them, usually by immediately reporting the matter to Human Resources or to upper management. To reinforce the rules “I recommend the employer cut and paste the policy and place it on a separate document and give it to new hires and ask them to acknowledge the receipt of the policy,” said Chaet. He also suggested putting a copy of the policy on the employee bulletin board.

Restaurateur • First Quarter 18

Reputation management

Better Safe Than Sorry

While anyone can file a lawsuit for any reason, the courts will look at all the circumstances before passing judgment. The law states that the conduct itself has to be so bad that a “reasonable person” would quit. The law has a very high standard and encourages operators to resolve the problem. If you’re sued, you could be liable for back pay if the employee left because of a hostile work environment as well as the value of back benefits. Damages for potential emotional distress under federal law range from upwards of $50,000 to a cap of $300,000, said Mirus. And if you lose, you’ll be paying your employee’s attorneys’ fees as well as your own. Not only are you “looking at a six-figure case,” said Mirus, but also a public relations nightmare. These cases are a “huge distraction from running your business in a successful way.”

Attorney Barry Chaet offers this advice for restaurant operators that will help minimize, if not eliminate, claims: • Have a clearly defined written policy against sexual harassment and procedures to resolve complaints. • Make sure all employees are aware of the policy— back of the house and front of the house. • Make sure to train your managers: they need to understand it and implement it—training is paramount. • Don’t ignore “unprofessional” behavior (kidding, joking, “innocent” touching, discussions of dating, etc.)—these are the types of incidents that can lead to sexual harassment claims. • Don’t ever ignore a sexual harassment complaint: act immediately, investigate and resolve. • Be ever mindful of the workplace culture at your restaurant—this is a place of business; never take your eye off the ball. Better safe than sorry—although the law does not require a pristine work environment, you should strive to maintain a professional work environment at all times where everyone is treated with respect and where there are no excuses for inappropriate behavior—both front of the house and back of the house.

A strong anti-harassment commitment

Restaurant operators owe it to the industry and their employees to have a strong commitment to harassment-free workplaces. The takeaway is simple. “Employers have the responsibility to have safe and healthy environments for their employees,” said Chaet, “including a workplace atmosphere that’s free of sexual harassment. Although certain comments and conduct may not rise to the level of sexual harassment, it does not mean that sort of conduct is okay in the workplace. All employees should conduct themselves professionally. If they don’t, they should be subject to discipline.” Training, accountability and communications can go a long way to preventing a nightmarish situation. Make sure you consult your legal counsel for additional guidelines specific to your business. WR

Midwest Foodservice Expo Booth #822

CHEESE, INC.

312 W Main Street Chilton, WI 53014 Phone: (920) 849-7717 www.vernscheese.com

Wisconsin Cheeses & Specialty Foods at its Finest



Large variety of Wisconsin specialty, artisan, and goat milk cheeses



Wide selection of butter, eggs, glass bottled milk, and dairy products



Specialty foods, snacks, and appetizers



Assorted meat products



Pickles, olives, cherries, and other bar condiments



Serving most of Wisconsin, Upper Michigan, and northern Illinois

Call us for your food service needs today! A three generation family owned business, proudly serving our customers since 1964 First Quarter 18 • Wisconsin

Restaurateur

FOODBORNE

ILLNESS

Dealing with Complaints or an Outbreak

t’s one of the most dreaded calls a restaurant operator can receive, “Your food made me sick.” A foodborne illness outbreak associated with your restaurant can be catastrophic. A minor outbreak could cost thousands of dollars, a major outbreak, millions of dollars or it could even cause you to close the doors of your restaurant permanently. Legitimate victims of foodborne illness also have to deal with sickness, medical costs and the potential of lost work and long-term disability. Most devastatingly for all involved, foodborne illnesses can cause death. The Centers for Disease Control (CDC) estimates that each year roughly 1 in 6 Americans (or 48 million people) get sick, 128,000 are hospitalized, and 3,000 die due to foodborne diseases (these statistics include food eaten at home and other places in addition to restaurants). Typically we advise members to contact their health department proactively. Explain that you’ve had a customer complaint and work cooperatively with them. If the diagnosis from a doctor truly is a foodborne illness, the health department will get involved anyhow, so it’s smart to get out in front of it. They can be your ally with both outcomes— exonerating your business or if, worst case scenario, the claim is legitimate and it was caused by food served in your restaurant, they can help identify the source and minimize the potential damage.

Wisconsin

Also, notifying the customer that you have already contacted the health department can help weed out the phony claims from the legit ones, because some scammers try to threaten restaurants by saying “if you don’t pay me, I’ll contact the health department.” If you have already planned to contact the department, it diffuses the threat. Some customers are surprised when they find out you are ready to handle their claim by filling out a complaint form and that you have a procedure set up to handle such claims. Certainly take any complaint seriously and be very polite and professional about getting the information—not defensive or disbelieving, in case it does turn out to be true. WRA has a complaint form available in the Members Only section at wirestaurant.org But you don’t have to panic and start writing big checks just to avoid the possible negative PR that a foodborne illness outbreak can bring. Public Health Madison & Dane County offered some good pointers on handling complaints (for the full article visit publichealthmdc.com/ environmental/food/documents/ FoodFactsSummer2012.pdf) 1. Have a foodborne illness complaint form ready 2. Show empathy 3. Get the facts

4. Don’t argue 5. Provide guidance The CDC has a reference guide for the incubation times and typical symptoms for different foodborne illnesses. Visit cdc.gov/foodsafety/outbreaks/investigatingoutbreaks/confirming_diagnosis.html Of course the incubation times and symptoms can vary for individuals, but this will give you some sense of how most foodborne illnesses present themselves. It’s human nature for people to blame the last meal they ate for causing a sudden gastrointestinal illness, but that last meal isn’t always the culprit. The more information you can gather from the customer and their health care providers (if they sought medical attention), the more help it will be in either proving it wasn’t your restaurant or helping the health department identify the source in your restaurant.

Looking for more help?

The Council to Improve Foodborne Outbreak Response (CIFOR) has a very helpful tool “CIFOR Foodborne Illness Response Guidelines for Owners, Operators and Managers of Food Establishments”—available to download at cifor.us/downloads/clearinghouse/ CIFOR-Industry-Guidelines.pdf. It is quite comprehensive and full of useful information and forms like self-assessment

Restaurateur • First Quarter 18

tools, media guidelines, log forms, complaint forms, workplace posters, checklists and flow charts. Don’t wait until you are under pressure and have to use it—access it now and help avoid an outbreak—or at least be prepared to deal with one.

Wondering how to avoid trouble?

Proper handwashing in the workplace is a huge factor. Your employees may not know how critical their role is in making sure your customers stay healthy. The spread of germs from the hands of food workers to food is an important cause of foodborne illness outbreaks in restaurants. It accounts for 89% of outbreaks in which food was contaminated by food workers (from CDC Hand-hygiene Study). Proper handwashing can reduce germs on employees’ hands and the spread of germs from hands to food and from food to other people. Make sure your employees know how and when to wash their hands. WRA has tips on creating a handwashing culture in your restaurant and several handwashing posters available for download in the Members Only section of wirestaurant.org If you’re not sure where to start, the FDA’s Oral Culture Learner Project provides materials and methods to help retail food employees understand the reasons why following proper food safety practices is important continued on page 30

Credit Card, ATM and POS Processing Services

Booth #235

FREE EMV credit card processing terminals, Rate Review, POS & ATM Consultations

WI Business Serving WRA Members Since 1999 Give us a call today, one of our Certified Payment Professionals would appreciate the opportunity to assist you!

EMV Ready Restaurant and Bar POS Hardware Mobile POS Systems

855-POS-ATMS x 2 www.CornerstonePS.net 1600 S. Main St., Oshkosh, WI 54902

First Quarter 18 • Wisconsin

Restaurateur

continued from page 29 to prevent illnesses, deaths and loss of income and reputation resulting from food-related outbreaks. The materials have been designed for oral culture learners, which research has shown most food employees to be. Visit fda.gov and search for “oral culture learner project” to place an order for the posters/storyboards and to view videos. Another smart idea is to send your employees to the ServSafe Manager— Certification & Renewal class. It fulfills state requirements for Wisconsin Certified Food Protection Manger (CFPM) certification and is an excellent investment in your business. Visit wirestaurant.org/ef/servsafe for more information and to register for classes. Remember, the Wisconsin Food Code requires that ill employees be excluded from work. For more detailed information on this topic and pdfs of posters in English and Spanish, visit wirestaurant.org/membership/extras/sick_ policy.php

To summarize, the Wisconsin Food Code requires employees to inform the manager on duty if he/she is ill with the following: • Any foodborne illness • Diarrhea • Vomiting • Jaundice (yellowish discoloration of skin, eyes or inside of mouth) • Sore throat with fever • Wound or boil that contains pus anywhere on body (unless covered by approved means) • Living with a household member diagnosed with foodborne illness— or living with a household member attending or working in a setting where there has been a confirmed foodborne illness outbeak If employees are ill, they must not work! The Wisconsin Food Code does not allow employees to work in the restaurant if they have the following health issues: • Diagnosed with a foodborne illness (this would require approval from

The Industry's #1 Food Safety Certification wirestaurant.org/servsafe See page 39 for details.

health department to return to work) • Vomiting – symptoms must cease for at least 48 hours before returning to work • Diarrhea – symptoms must cease for at least 48 hours before returning to work • Jaundice (until cleared by health provider) What if you do have an outbreak and the media calls? Check out crisis communication tips for restaurants by visiting wirestaurant.org (search for “crisis”). WR

Get your staff on board—posters available

To help encourage your staff to wash their hands, WRA recommends training new employees on proper handwashing techniques. Take them to a sink and do a demo. It may seem awkward, but awkward beats a Norovirus outbreak any day. Also, you can be cited for Food Code violations if sinks aren’t stocked with soap, towels, etc. Make this part of an employee’s job responsibilities and good handwashing will be easier for employees to do correctly. WRA has created a variety of handwashing posters. Visit the WRA website to download them at wirestaurant.org in Members Only.

Don’t Spread Germs.

Our employees are required to wash their hands… But YOU should too!

Employees mu st wash

Because unclean hands spread disease, the Wisconsin Food Code (ATCP 75 Appendix – Personal Cleanliness) maintain a high degree of personal requires that persons engaged in cleanliness and shall observe good food preparation shall hygienic practices during all working their hands before beginning work, periods. Persons engaged in food after using toilet facilities, eating, preparation shall wash smoking or engaging in other activities that may contaminate the hands.

Wash

their hands b efore

returning to w ork.

Your Hands.

Employees mu st wash

engaged in food preparation shall Personal Cleanliness) requires that persons Wisconsin Food Code (ATCP 75 Appendix – preparation shall wash Because unclean hands spread disease, the all working periods. Persons engaged in food and shall observe good hygienic practices during hands. maintain a high degree of personal cleanliness in other activities that may contaminate the toilet facilities, eating, smoking or engaging their hands before beginning work, after using

Wisconsin

their hands b efore

Restaurateur • First Quarter 18

WASH UP AND SING

you realize. 20 seconds is longer than ! hands to pass the time Sing while you wash your

he had a cow. EIEIO. . EIEIO. And on that farm e a Moo, Old MacDonald had a farm there. Here a Moo, ther MOO MOO a and here . EIEIO. With a MOO MOO Old MacDonald had a farm everywhere a MOO MOO.

shall engaged in food preparation wash shall requires that persons in food preparation – Personal Cleanliness) (ATCP 75 Appendix periods. Persons engaged during all working Wisconsin Food Code the hands. hygienic practices spread disease, the that may contaminate and shall observe good Because unclean hands engaging in other activities of personal cleanliness eating, smoking or maintain a high degree using toilet facilities, beginning work, after their hands before

Struggling with ways to attract new customers? Not sure how to cut through the marketing clutter?

March 12-14

2018

M I L W A U K E E EverythingFoodservice.org Proud Partner:

Need ideas on how to build your social channels? Get answers to these questions and more at the Restaurant Marketing Symposium.

Amplify Your Brand From storytelling to loyalty marketing, social media to online reviews, the Restaurant Marketing Symposium will help you find your unique voice to drive more business. Bonus! Your registration to the Symposium includes admission to the Midwest Foodservice Expo— the ultimate F&B experience.

Activate your badge & save! $30 pre-registration is happening now at

EverythingFoodservice.org WR First Quarter 18 • Wisconsin

Restaurateur

WORK OPPORTUNITY

TAX CREDIT Federal Tax Credit Can Help Employees and Employers

ork Opportunity Tax Credit (WOTC) could be a win-win for employers AND employees. Here’s information from the Department of Workforce Development (DWD) about the program and the steps employers need to take to apply.

What is the WOTC?

The Work Opportunity Tax Credit (WOTC) is a federal income tax credit designed to help people gain on-thejob experience and achieve better employment outcomes. The WOTC program offers federal tax credits to employers as an incentive to hire people in several specific target groups.

Who qualifies for the WOTC?

WOTC applies only to new employees. The new employee must belong to one of the following target groups: • TANF Recipients: a member of a family who has received or is receiving Temporary Assistance to Needy Families (TANF) or Aid to Families with Dependent Children (AFDC) or a successor program. Employee must have received benefits for at least 9 of the last 18 months ending on the hiring date. • Veterans: a veteran AND a member

Wisconsin

of a family that has received food stamps for at least three months in the last 15 months ending on the hiring date. Disabled Veterans: a veteran who is entitled to compensation for a service-connected disability and has a hiring date not more than one year after discharge or release from active duty, or has been unemployed for a period or periods totaling at least six months during the one-year period ending on the date of hire. • Unemployed Veteran: a veteran unemployed at least four weeks or six months or more in the year prior to being hired. • Ex-Felons: convicted of a felony or released from prison for a felony within one year of the date of hire. • Vocational Rehabilitation Referrals: has a disability serious enough to be a barrier to employment AND is referred to an employer upon completion of or while receiving rehabilitation services under a state rehabilitation plan or a program approved by the Department of Veterans Affairs. Services must have been received no longer than 2 years before the hire date. • Food Stamp Recipients: 18-39 years old AND a member of a family that has received food stamps for the last 6

months or received food stamps for at least 3 of the last 5 months, but is no longer eligible to receive them. • Supplemental Security Income (SSI) Recipients: an individual who received SSI benefits for any month within the last 60 days ending on the hire date. • Long-term Family Assistance Recipients (LTFA): an individual may be certified as an LTFA recipient if he/ she is a member of a family that: • Received TANF payments for at least 18 consecutive months ending on the hiring date or; • Received such family assistance for a total of at least 18 months (whether or not consecutive) after August 5, 1997 if the individual is hired within two years after the date that the 18 month total is reached or; • Stopped being eligible for assistance after August 5, 1997 due to federal or state law limits and the individual is hired not more than two years after such eligibility for assistance ends.

How Much Does an Employer Save with WOTC? Employers can claim up to 40% of the first $6,000 in qualified first-year wages for a maximum credit of $2,400 per new hire.

Restaurateur • First Quarter 18

Calculation of WOTC tax credit The tax credit for WOTC new hires except LTFA is: • 25% for those employed at least 120 hrs (maximum credit $1,500); • 40% for those employed at least 400 hrs ( maximum credit $2,400); —and— • No credit allowed for second-year wages For Long-Term Family Assistance—tax credits can be earned for the first two years of employment, wages are capped at $10,000: • 25%, for those employed at least 120 hrs ($2,500 maximum credit); • 40%, for those employed at least 400 hours the first-year ($4,000 maximum credit); • 50% for those employed at least 400 hours the second year ($5,000 maximum credit); • Maximum credit of $9,000; For Disabled Veterans discharged within a year, wages are capped at $12,000: • 25%, for those employed at least 120 hrs but less than 400 hours ($3,000 maximum credit); • 40%, for those employed at least 400 hours ($4,800 maximum credit); For Unemployed Disabled Veterans—wages are capped at $24,000: • 25%, for those employed at least 120 hrs but less than 400 hours ($6,000 maximum credit); • 40%, for those employed at least 400 hours ($9,600 maximum credit); For Unemployed Veterans—wages are capped at $14,000: • 25%, for those employed at least 120 hrs but less than 400 hours ($3,500 maximum credit); • 40%, for those employed at least 400 hours ($5,600 maximum credit); No credit allowed for employees who work less than 120 hours. continued on page 34

Find the Right Menu of Accounting Services For Your Business When it comes to math, you know how many ounces are in a pour, how many cups go into the recipe, and how to calculate a great tip. As a restaurant, bar owner or GM you have to be on your game when it comes to numbers. But not just food inventory and table reservations - To be truly successful, you need to understand the financials behind your business.

www.ewhsba.com

Waukesha/Brookfield • West Bend

Please visit us at the Learn more about Midwest Foodservice how EWH can help Expo in the Tips your business by From a CPA Resource attending our FREE Center. While you're Financial Essentials there, learn about workshop! EWH University.

• Madison • Onalaska

First Quarter 18 • Wisconsin

Restaurateur

continued from page 33

How does an employer apply for the credits?

1. Complete BOTH SIDES of the IRS Form 8850, “Work Opportunity Credit Pre-Screening Notice and Certification Request.” The job applicant should complete the front side, and the employer or representative must complete the back side of the form on or before the job offer date. The 8850 form must be complete in every detail. Note: This document must be mailed to the WOTC Office at the DWD address within 28 days of the job start date or the application will be denied (no exceptions). The IRS requires original signatures, therefore, no faxes or photocopies of the forms are allowed (IRS Form 8850). 2. Complete the ETA Form 9061 (Individual Characteristics form) if the job applicant does not have a completed ETA Form 9062 from a service provider. Client service providers may provide job applicants with ETA Form 9062, “Conditional Certification,” identifying them as a member of a WOTC target group. Job applicants would then give this form to the potential employer to complete their portion of the form. • Employer/Representatives using Form ETA 9061 must staple reasonable eligibility documentation of a target group to this form, or provide reasonable audit trail information in

Wisconsin

response No. 19 on the form. (ETA Form 9061) • When Conditional Certification form ETA 9062 is used, the state or delegated agency representative providing service to the target group applicant must sign it. The employee would then provide this signed form to the employer. With the agency signature, no other documentation is required. (ETA Form 9062) Where to get documentation (Conditional Certification) Many applicants have documentation of their eligibility; others may obtain confidential documentation about themselves from the relevant government or private non-profit service agency. —OR— You can ask the local agency (Job Placement, Counselor, Social Worker, Parole Officer, etc.) who has provided services to the applicant, to sign the Conditional Certification. When a conditional certification is obtained, no other documentation is required. Agencies having signature authority Any representative of the Department of Workforce Development; Job Centers, Division of Vocational Rehabilitation (DVR), County Departments of Social Services or grantee agencies of the department have signature authority. Department of Corrections staff as well as many local agencies has authority to sign WOTC Conditional Certifications

for their eligible clients. 3. Return all completed forms: IRS 8850 and Individual Characteristics ETA Form 9061 or if you received a completed Conditional Certification ETA Form 9062 to your local Job Center or mail to: Department of Workforce Development (DWD) Federal Tax Credits, Rm. G100 201 E. Washington Ave., PO Box 7972 Madison WI 53707-7972

How to Claim the WOTC?

You file for the credit when you fill out your annual Business Federal Income Tax Forms. In addition to these forms, you will need an IRS 5884 Form and the Tax Credit Certification issued to you by the Wisconsin Department of Workforce Development Tax Credit Unit. Any questions regarding the filing of the tax credit with the IRS may be addressed to the IRS website at irs.gov or their help line at 800-829-1040.

Questions and assistance

For assistance contact your local Wisconsin Job Center—the list is available at irs.gov In addition to the information from the Wisconsin DWD listed above, the federal Department of Labor (DOL) also has many helpful resources on their website including webinars, FAQs and videos. To learn more, visit doleta.gov/ business/incentives/opptax WR

Restaurateur • First Quarter 18

TIP

POOLS DOL Proposes Rule Change for Tip Pools if Tipped Employees Paid Full Minimum Wage

ou may have read about tip pool rule changes in the news. A proposed rule from the US Department of Labor (DOL) regarding tip regulations would reverse a rule that prohibited employers from setting up tip-pooling arrangements that include employees who are not customarily tipped, such as back-of-the-house staff. The DOL introduced this rule to rescind parts of the prior regulation, which had recently been declared illegal by several federal courts. The DOL is currently collecting public comments through early February and will hopefully be issuing more guidance once the public comments are reviewed. Some of the issues that are unclear are whether managers and owners would be allowed to participate in a tip pooling arrangement. This rule from DOL will only apply to employers who don’t take a tip credit against their minimum wage obligations. These employees are already making at least the full minimum wage (currently $7.25/hour) in addition to their tips. If you are using the tip credit, the rules regarding tip pools being limited to employees who regularly receive tips will remain in place. Again, this change will only affect restaurants paying the full minimum wage to tipped employees. Many restaurant operators support the opportunity to include employees who have been excluded from legally

participating in tip pools. Here are some reasons why: • Non-managerial kitchen workers often earn significantly less per hour than dining room employees such as servers or bartenders when one considers tips. • Allowing kitchen staff to participate in a tip pool will help to close the gap in pay between the front of the house and the back of the house. • The jobs that kitchen staff perform are no less important to the customer’s overall dining experience than are the tasks performed in the dining room. If the food is the wrong temperature, the plating is unattractive, the courses arrive in the wrong sequence, the plates or glassware are not spotless, and so on, the customer’s experience suffers, and tips decline accordingly. • If the kitchen prepares the food well and on time, this augments the customer’s experience, leading to higher tips. • Allowing kitchen workers a chance to receive a share of the tips that they help to generate will encourage more teamwork and cooperation among the dining room and kitchen staff, incentivize kitchen staff to perform better, improve the customer experience, and ultimately generate higher levels of tips, which benefits employees in the front and back of the house. Currently DOL “Fact Sheet 15

First Quarter 18 • Wisconsin

Tipped Employees Under the Fair Labor Standards Act (FLSA)” includes guidelines about the retention of tips. Retention of Tips: A tip is the sole property of the tipped employee regardless of whether the employer takes a tip credit.[1] The FLSA prohibits any arrangement between the employer and the tipped employee whereby any part of the tip received becomes the property of the employer. For example, even where a tipped employee receives at least $7.25 per hour in wages directly from the employer, the employee may not be required to turn over his or her tips to the employer. [1] Wage and Hour Division (WHD) will not enforce the Department’s regulations on the retention of employees’ tips with respect to any employee who is paid a cash wage of not less than the full Fair Labor Standards Act (FLSA) minimum wage ($7.25) and for whom their employer does not take an FLSA section 3(m) tip credit. DOL recently added the footnote above regarding the enforcement of tip pool rules to Fact Sheet 15. However, WRA cautions members to follow current tip pool rules. This means your tip pool can't contain employees who don't regularly receive tips like back-of-house staff and management—until notified by WRA or DOL regarding the rule changes. WR

Restaurateur

Be sure to preview New & Featured products and services you’ll get to try and taste at the Expo! See how you can spice up your menu, save time and gain more business efficiency ideas! ItalCrust’s 5” x 14” Flatbread

Delta Dream and Clock Shadow Creamery WisCajun™ Gouda & Cold Smoked Gouda

ItalCrust’s hand stretched, wood fired shell gives users an authentic flatbread from a premade crust. This 5” x 14” plank is versatile, easy to top, made with six clean ingredients, and delivers outstanding quality.

Delta Dream Gouda is a creamy young Gouda with low melting point for cooking. The WisCajun™ spice profile is more complex than most flavored cheese, and not overly hot. The cold smoke flavor is a light touch.

New Era Marketing, Booth 515

Delta Dream, LLC, Something Special from Wisconsin

Performance Short Sleeve Chef Jacket

Alto-Shaam Vector™ Multi-Cook Oven

Keep cool in a hot kitchen with Chef Revival's new Performance Chef Jacket which features a lightweight poly-cotton blend with a breathable mesh back. A timeless professional look and plenty of comfort.

The Vector™ Multi-Cook Oven allows you to control temperature, fan speed and time in multiple, independent oven chambers all in one small 21” footprint. And you can place it anywhere with ventless operation.

Dexter-Russell/Chef Revival, Inc., Booth 251

Mirkovich – Casper, Booth 439

5% discount on Chef coats and pants. Only one show order is allowed.

Signature Flatbread Baker's Quality Signature Flatbreads are available in multiple flavors to enhance your menu. Choose from Smoky Chipotle, Subtle Herbs De Provence or Classic White.

Cyber Liability Insurance At a time when technology and the risks associated with it affect every person and business that we protect, Society is thrilled to introduce leadingedge cyber liability insurance.

Baker’s Quality Pizza Crusts, Booth 248

Society Insurance, Booth 639

Curdtown Cheese Curds Curdtown offers two flavors of delicious fried cheese curds: The Original and Seasoned. Both made with premium all natural white cheddar, dusted with panko breading. Curdtown Curds are all natural, vegetarian and rBST free.

Curdtown, Booth 449

For all new customers, we are offering $5 off per case!

Wisconsin

Mesquite Drummette Lollies Jumbo “French Cut” First Segment Chicken Wings are marinated with a mesquite grill flavor then slow roasted to capture wonderful bone-in flavor. Easy preparation saves time and labor. Broad menu flexibility.

EZ Wings, Booth 346

Regular price is $54. Show discount and following week at $49 per case.

Restaurateur • First Quarter 18

Alegria Keli

Buttermilk Classic Fillet

The Alegria Keli is a great shoe for front or back of house! Lab rated slip resistant outsole with a stain resistant leather coating. Excellent comfort to ensure a comfortable day on your feet! Try on the Keli at our booth!

Whole muscle, fully cooked, chicken breast fillet with a flaky southern buttermilk biscuit coating. A touch of cayenne pepper at the finish gives it more pizzazz than your ordinary fillet.

Stan's Fit For Your Feet, Booth 551 10-20% off product at show.

Brakebush Brothers, Inc., Booth 401

100% Wisconsin American Ginseng 100% Wisconsin grown 100% of the time. Wisconsin American Panax Quinquefolius. We are the only registered grower to have the rights to use the Ginseng Board of Wisconsin Seal.

FLAT Equalizers FLAT Equalizers adjust up to 1/4" and lock in place to stabilize almost any table. FLAT’s unique table leveling and alignment capabilities easily creates a level and aligned surface with no tools required.

Heil Harvest, Something Special from Wisconsin

Fein Brothers, Booth 338

FLAT Equalizers are regularly priced at $23.29. $20 (including tax) for the Expo.

Ellsworth Breaded Cheese Curds

Leinenkugel Beer Battered Pepper Jack Wrap

Light breading, unique flavors and made with the world famous Ellsworth White Cheddar Cheese Curds.

Creamy Wisconsin Pepperjack cheese robed in a crispy wonton wrapper. Finished with Wisconsin's own Leinenkugel's Beer Batter. Can be baked or deep-fried. Versatile in restaurant, grocery, concession or C-store use.

$2 per case discount.

We will offer a SPECIAL $5 per case coupon for all product booked at the show.

Ellsworth Cooperative Creamery, Booth 834

Riverside Foods, Inc., Booth 351

Eloma MultiMax MMX Alsum Gourmet Fingerling Potato Pouch Packs

When developing this combisteamer Eloma pursued a clear target: Highest efficiency by reducing things to the essentials. No frills. No fuss. And the result is what many chefs wished for: A reliable, uncomplicated craftsman.

Alsum's new line of 24 oz. and 3 lb. Gourmet Fingerling Potato Pouch Packs provides a convenient grab-n-go concept and helps extend shelf life.

Alsum Farms & Produce, Something Special from Wisconsin

The YES Group, Booth 626

An additional 10% for orders taken at the show and for 30 days from the close of the show.

Lambeth Groves 100% Lemon and Lime Juice 6oz. Easy to use bottle ~ No need to squeeze ~Just open and pour! You can use the unpasteurized Lemon and Lime juice to make homemade salsa, hummus, salad dressing, fresh lemon pie, fresh margaritas and much more.

United Juice Companies of America, Inc., Booth 606

Cameroon Mount Oku Single Origin Coffee Mount Oku Cameroon Aribica coffee makes its US debut with UP Coffee Roasters. We are pleased to offer this amazing coffee in pour-overs. Profiled as brown sugars, tomato, pecan, buttermilk, baker's chocolate and graham.

UP Coffee Roasters, Booth 120

First Quarter 18 • Wisconsin

continued on page 38 Restaurateur

Water Magic

Intuitive Concepts Inc. Table Tent Phone Charger

Water Magic straws! This is the newest water flavoring option on the market. Simply place the straw in a glass of water, sip and the water will change flavor while you drink!

Table Tents that charge phones—No need for extension cords, attracts more customers and customers will stay longer and spend more!

Serv-A-Charge, Booth 223

Reach Companies LLC, Booth 721 25% discount on all show orders.

Viroguard Rooftop Grease Containment VIROGUARD UL listed seamless welded, 16 gauge, stainless steel grease containment system installed under and extending from the grease exhaust fan. Contains the grease during AND between cleanings.

Commercial Pest Management

Enviromatic Corp, Booth 240

From rodents to gnats and everything in between, Rose has been protecting businesses and homes in America since 1860. Using Integrated Pest Management, Rose provides ongoing prevention solutions for every environment.

$100 discount off a Viroguard with installation for any Viroguards ordered directly at the show.

Complimentary facility inspection and quote. 10% program discount with annual prepayment.

Barfly Mixology Gear by Mercer

Rose Pest Solutions, Booth 511

MobileBytes POS for iPad MobileBytes POS for iPad leverages the power, convenience, and simplicity of Apple’s iPad hardware along with today’s cloud server technology to create a Point-of-Sale system reenvisioned for restaurants.

Mercer barware essentials and accessories are designed to deliver optimal appearance, temperature, consistency and proportion in every glass—with masterful results. Tools make the taste.

Edge One, Booth 514

The Boelter Companies, Booth 438

The Welcomemat Program

ID Terrazzo Floor Cleaner and Degreaser

Data driven advertising with powerful local results. Scientifically proven to create longterm loyal customers. A turnkey program designed around your needs.

Slips and falls are the #1 work related injury in the kitchen. Keep employees safer with our patented ID Terrazzo floor cleaner and degreaser. Highly effective, low foaming, safe and easy to use.

Electrolyzed Innovations, Booth 516

Welcomemat Services of Greater Milwaukee, Booth 828

Agreements for a Welcomemat new mover program signed during the show will receive a 15% discount off of list prices.

Libbey Viva Scandinavia Tea Collection High-trend products allow you to serve patrons with a Zen experience elevated to an artisan level. Nordic-inspired design, beautiful in their simplicity and mindful in their function. Think tea tastings and food pairings!

Ready to Cook Sausage Using the family's 129 year-old recipe, our sausage is made with honest ingredients: pork, water, salt, spices, dextrose and sugar. Seasoned with a custom spice blend for a savory flavor. Certified Gluten Free.

Anderson Foodservice Solutions, Booth 416 38

Jones Dairy Farm, Booth 301 Wisconsin

Restaurateur • First Quarter 18

Are you up-to-date on your

Wisconsin Food Manager Certifications?

WRA members enjoy a 20% savings We offer review sessions and proctored exam options around the state. Our one-day reviews (8:00 am – 5:00 pm) include the ServSafe Manager book sent in advance, lunch, live review session and proctored exam.

Brought to you by:

“We find that this course is a huge value to us and our team and it helps us continue to grow towards operational excellence.” —Nathan Walter, Toppers Pizza/Andy & Caro’s

Choose the industry’s #1 Food Manager Certification Program

wirestaurant.org/servsafe WR • 800-589-3211 First Quarter 18 • Wisconsin

Restaurateur

3 Days of Christmas

WRBN

Wisconsin Restaurant Business News, continued from page 22

Wisconsin Restaurant Business News

Sizzling Chili Bowl Throwdown

The fifth annual Sizzling Chili Bowl Throwdown was held October 29th at the Grand Meridian in Appleton. Nine teams of high school Family and Consumer Science students paired up with local businesses to create their own chili. The chilis were judged by Gregg Wozniak of ACF Chefs of Milwaukee, Susie Patterson of Al & Al’s Stein Haus in Sheboygan and Ken Vandeyacht of the The team from Cudahy partnered with Saz’s Grand Meridian. The event was open to the Hospitality Group to create their winning chili. public (for $10 admission) and attendees were encouraged to vote for their favorite. The Judge’s Choice winners were Cudahy High School partnered with Saz’s Hospitality Group in first place, LuxemburgCasco High School partnered with Skaliwag’s in second and Wisconsin Dells High School partnered with High Rock Café in third. Stevens Point Area Senior High School partnered with Chef C’s Munchie Mobile took home the People’s Choice Award. All proceeds from the event benefit the ProStart® Program in Wisconsin for high school students. Thanks to event sponsors: The Grand Meridian, Wisconsin Beef Council, American Culinary Federation Fox Valley Chapter and the WRA Big Four Chapter. Cookware sets for Judge’s Choice winners were donated by The Vollrath Company, LLC.

Roundtable

Hotline Q&A

Wisconsin Restaurants Getting Great Press Ardy and Ed’s on the Travel Channel Oshkosh’s Ardy & Ed's Drive In, owned by Steve and Ardy Davis, was featured on the Travel Channel’s new “Retro Eats” show which aired for the first time on December 30th. Tory Miller Victorious on the Food Network Congratulations to James Beard Award winning Chef Tory Miller, part-owner of the Deja Food Group, which is responsible for restaurants L'Etoile, Graze, Sujeo and Estrellón in Madison, for his winning appearance on Iron Chef Showdown. The episode aired on January 10th. Miller initially competed against Jenner Tomaska of Next Restaurant in Chicago and then went on to beat Iron Chef Bobby Flay by preparing bison for a panel of judges. Chef Tory Miller bested Iron Chef Bobby Flay. 40

Wisconsin

(l-r) Omar Shaikh – SURG Restaurant Group, Gino Fazzari – Calderone Club, Buddy Julius – The Firm, LLC and Matt Schmidt – Water Street Brewery at the second event during the series which was held at Milwaukee Rescue Mission’s Joy House. The meal that night was provided by the Calderone Club.

Milwaukee area restaurants helped serve delicious meals and handed out gifts at three community programs in Milwaukee: Joy House, Ronald McDonald House and Journey House as part of the second annual “3 Days of Christmas" held December 20-22. The events held at the three different locations were put on by the Kitchen Cabinet, a group of Milwaukee area restaurants dedicated to partnering with the local Milwaukee community to help strengthen and serve that community. Restaurant operators, including SURG Restaurant Group, Calderone Club, Marcus Hotels & Resorts, Water Street Brewery, Screaming Tuna, Outback Steakhouse, Rocky Rococo Restaurants, The Bartolotta Restaurants and 600 East Café provided leadership and support for the “3 Days of Christmas” event. Mayor Barrett, Alderman Bob Bauman and Alderman Jose Perez were in attendance. Corporate sponsors included Associated Bank, VISIT Milwaukee and Phoenix Investors. Kohl’s, Milwaukee Bucks and Milwaukee Brewers donated gifts that were distributed.

Happy Anniversary

Congratulations to the historic Union Hotel and Restaurant in De Pere that is celebrating its 100 year anniversary. Built in 1883, the hotel and fine dining restaurant has been run by the The Union Hotel and same family since Restaurant with the Packers 1918. Today the hotel Heritage Trail sign in the foreground. and restaurant is run by three siblings who represent the fourth generation: McKim Boyd, Mary Boyd and Ann Boyd.

Restaurateur • First Quarter 18

You watch your business. WRA

will watch your back. 800-589-3211 www.wirestaurant.org Ad

Photo Credits

ve rtise r

dex

Anderson's Maple Syrup, Inc.................. p.25 Brakebush Brothers, Inc.......................... p.23

Cover lego (3 images)........ tehcheesiong, seewhatmitchsee, juniorbeep/iStockphoto.com

EWH Small Business Accounting S.C......................................... p.33 Fein Brothers............................................. p.11

p.4 What's Hot cover, ice cream, jar, shellfish.....NRA fish. ...................................Aozz1985/iStockphoto.com bulb. .............................. GrashAlex/iStockphoto.com bacon.....................Bestfotostudio/iStockphoto.com popcorn.................Bestfotostudio/iStockphoto.com

service dog......................... andresr/iStockphoto.com credit card................. johnnyscriv/iStockphoto.com mixers...................Wavebreakmedia/iStockphoto.com

Reliable Water Services........................... p.21

staff meeting...... Steve

Debenport/iStockphoto.com

Society Insurance........................ back cover Vernâ&#x20AC;&#x2122;s Cheese, Inc...................................... p.27

Ekaterina79/iStockphoto.com Ekaterina79/iStockphoto.com lego bkg on sidebars....... tovovan/iStockphoto.com quote head. ...............

p.22-27 form............................ Andrey_Popov/shutterstock.com sign. .............................karen roach/shutterstock.com post-it...................................... Gajus/shutterstock.com p.28-30 stomach ache.... Brian A Jackson/shutterstock.com

(3 images)........ tehcheesiong, seewhatmitchsee, juniorbeep/iStockphoto.com business shake. ...........Ekaterina79/iStockphoto.com cheerleader. ...................... cjmacer/iStockphoto.com grandma........ ninjaMonkeyStudio/iStockphoto.com job fair crowd.................................. LewisTsePuiLung/ iStockphoto.com lego

First Quarter 18 â&#x20AC;˘ Wisconsin

PROD/shutterstock.com

p.32-34 taxes. ........................Gunnar Pippel/shutterstock.com owner paperwork.............. nd3000/shutterstock.com files. .................................. jdwfoto/shutterstock.com p.35

p.14-21

Retail Data Systems. .................................. p.5

graduate............................... zlisjak/iStockphoto.com

hand washing.......... ALPA

p.10-12 dishwasher..................Juanmonino/iStockphoto.com

Heartland Payment Systems..................... p.2

tablet lady. ....................... cjmacer/iStockphoto.com wyldstyle. ..................

p.3 meat dish........................ Kondor83/iStockphoto.com

Cornerstone Processing Solutions, Inc............................................ p.29

businessman....................... cjmacer/iStockphoto.com

tips....................................... Sean

Locke Photography/ shutterstock.com

p.40 Chef Tory Miller................................ Anders Krusberg for the Food Network Union Hotel................................................ Union Hotel

Restaurateur

Cyber liability coverage that actually repairs digital damage. Small detail. Big difference. Cyber attacks can cause catastrophic financial loss, and in the last 12 months 50% of U.S. small businesses have been breached by hackers.* So it’s more a matter of when you’ll be attacked than if. But with Society, there’s no reason to panic. Our comprehensive cyber liability coverage protects you from things other policies usually don’t, like privacy breaches, cyber extortion and payment card company rule violations. Because we understand how to keep you truly covered. If you agree details like these make a big difference, give us a call at 888-5-SOCIETY or visit societyinsurance.com. Talk to us at booth No. 639.

*2016 State of SMB Cybersecurity Report

Wisconsin

Restaurateur • First Quarter 18