The Ohio Restaurant Association (ORA) understands that you rely on us for helping you understand the changes that lie ahead related to health care reform. As your trusted source of health care-related information, the association’s health care task force has launched several tools to help you, including in-person and webinar educational seminars, the “Health Care & Your Business” web page and the recent health care-focused edition of à la Carte. Now, the ORA is offering another health care webinar on May 29 featuring Don Fox, CEO of Firehouse Subs. How do you know if you should register? Consider these questions: Are you clear on what you need to do regarding the health care law? Do you know if you are a small or a large employer? Do you know when you need to start counting your employees? Do you have a plan of action regarding the health care law? If you answered “no” to any of the above questions, you need to be on this webinar. The ORA’s “Health Care & Your Business: What You Need to Know Now” webinar will answer these questions and more. Whether you have two, 20 or 200 employees, you will want to participate in this webinar.

1. May 29, 2013
9:30 a.m. – 11:00 a. m.
Presented by Don Fox, CEO, Firehouse America
Moderated by Richard Mason, Director of Government Affairs, Ohio
Restaurant Association

3. How to Participate Today
•
Open and close your Panel
•
View, Select, and Test your audio
•
Submit text questions
•
Q&A addressed during and at
the end of today’s session
•
Everyone will receive an email
with a link to view a recorded
version of today’s session
•
Your feedback is important! You
will receive a prompt to
complete a survey at the end of
the session

4. Moderator:
Richard Mason, Director of
Government Affairs for the
Ohio Restaurant Association
Presenter:
Don Fox, CEO of Firehouse of
America, LLC

5. It’s the Law

Time to focus on implementation
◦ Exchanges likely to open on Oct. 1
◦ Employers must likely announce their intention on
Oct. 1
◦ Jul. 1 is a critical date

6. Your Decision Tree
 Large
or Small Employer?
◦ 50 FTE’s or greater:
◦ Less the 50 FTE’s :
LARGE
SMALL

7. Large Employer Formula

Measured Monthly
◦ Count up full-time employees
◦ Add up hours of all part-timers and divide by 120
◦ Add the two numbers

For 2014 determination, use any consecutive
6 months from 2013

8. Firehouse Subs Example
$800K AUV
 $100K EBITDA
 17 employees

◦ 1 manager
◦ 16 hourly employees
 3 full-time
 13 part-time

9. Firehouse Subs Example
5 + restaurants:
 3-4 restaurants:
 1-2 restaurants:

almost certainly large
run the formula
almost certainly small

10. Small Employer
If you are not going to offer insurance, have a
nice day
 If you are going to offer insurance, you can do
so with little fear of making mistakes


11. Large Employer
 Critical
moment in your decision tree:
◦ Offer insurance
◦ Do not offer insurance, and face the penalties
◦ Offer non-qualifying insurance and face the
penalties

12. Large Employer Options
 If
no insurance is offered:
◦ $2K penalty per full-time employee
◦ Exemption for the first 30 full-time employees

13. Large Employer Options
 Wish
(or need) to avoid the penalty?
◦ Don’t have more than 30 full time employees

14. Large Employer Options
 Offering
insurance?
◦ Treat it like an investment
◦ Understand your business objective
 Establish
a budget

15. Establishing a Budget

Cost of the policy to the Employer
◦ Insurance carriers have not issued quotes yet
 Working assumption: $5K per year
◦ Employer can charge the employee up to 9.5% of
their W2 wages for the employee’s share of the
premium
 You will face penalties if you charge more than
9.5% ($3K per employee who secures insurance
through the exchange)

16. Establishing a Budget

Variables:
◦ Employer portion of the premium
◦ Number of full-time employees
◦ % of full-time employees who will accept

17. Impact on the Employee

Cost of the policy to the employee
◦ Minimum safe harbor:
 $7.25 X 30 hours = $20.66 per week or $1,074
per year

In essence, a 9.5% tax for those currently
without insurance

18. Impact on the Employee
Willingness to pay is limited
 Have to consider whether to get insurance or
pay penalty
 What if the employee turns down the policy?

◦ $95 penalty, or 1% of their taxable income
whichever is greater.

19. Large Employer Options

So the BIG question is:
◦ How many of your full-time employees will accept
the insurance?

20. Making it Actionable
 Regardless
of the choices you make, you
will have to examine your employee
scheduling practices.

21. Making it Actionable

You have to avoid several minefields related to
ACA implementation:
◦ Employees drifting above and below 30 hours;
creating unbudgeted risk
◦ Cutting employees hours due to poor planning
◦ Lawsuits and partial unemployment claims

22. Here’s the Lemonade
 We
have an opportunity to use an
external event to make a dramatic shift
in workplace culture

23. Here’s the Lemonade

As an industry, we do not do a particularly
good job of managing hourly employee work
schedules
◦ We do a good job coaching people up for more
hours
◦ We do a poor job counseling people in advance of
reducing hours

We have an opportunity to fix that

24. Employee’s Perspective

The two most important days of the week:
◦ Pay Day
◦ Schedule Post Day
Schedule flexibility is great, but stability in
hours is of greater importance
 Health care is a secondary concern for most,
trumped by earning more money


25. Creating the Win-Win

Our answers lie in creating clearly defined job
descriptions that define the rules for the
hours the employee will be scheduled
◦ Employer wins
◦ Employee wins

26. Managing Expectations

A Crew
◦ Full-time, 40 hours, fixed weekly schedule

B Crew
◦ Part-time, 20-29 hours per week

C Crew
◦ Part-time, 0-19 hours per week

27. A Crew

Fixed schedule is a requirement of the job
◦ Employee earns the job based upon merit…your
top performers (these positions will be coveted)

Establish the number of ‘A Class’ positions
based upon your ACA budget and
assumptions, and the operational needs of
the business

28. B Crew



Job description defines projected hours as
averaging between 20 and 29 per week during a
trailing period (equivalent to your look back).
The employee will still have an opportunity to
work more than 30 hours on occasion.
You should commit to communicating any reason
for hour being scheduled below 20.

29. C Crew
Primarily for entry level employees or those
who have not reached levels of performance
that merit ‘B Class’ status
 An experienced employee may be assigned ‘C
class’ status if they wish to work part time


30. The Benefits
Clearer expectation on hours to be worked
 Incentive to earn ‘A Crew’ positions
 Incentive to earn ‘B Crew’ positions
 Management has an incentive to do proactive
coaching and counseling for improvement
 Team has incentive to increase sales and
generate more ‘A Crew’ positions


31. What to do next?
Determine your status
 Decide whether to offer health insurance or
not
 Design scheduling protocols that support your
decision
 Start talking to your employees


32. The Wild Cards
How will your employees react to your
decisions?
 How will your customers react?
 How will the media react?


33. The Wild Cards
If on Oct. 1, you have to announce your
decision to your employees:
 What do you think the atmosphere will be like
in your restaurant on Oct. 2?
 All your employees will be comparing notes…
in your restaurant, and at the dinner table
with their families.

34. The Wild Cards


Assume EVERYONE will be aware of your policy on
ACA implementation
If you are not proud and transparent about your
decision, you may want to rethink it

35. Q&A

36. 
Restaurant Education Series events
◦ Thursday, June 20, 2013 from 9:00 - 11:00am – webinar,
 Safety Case Studies: Experts to Offer Safety Solution

Ohio Restaurant Association events
◦ Wednesday, June 12th from 8:00 am - 1:15 pm
 ORA Lobby Day – Rally at the Riffe! Riffe Center - Executive
Conference Center, 31st Floor, Downtown Columbus
◦ Monday, June 17th ORA/NRA Golf Classic at New Albany
Country Club, New Albany, Ohio

37. 
Survey

38. Additional Questions?
Richard Mason
rmason@ohiorestaurant.org
Direct Line: (614) 246-0130
Cell: (614) 563-5097
Don Fox
Twitter: @DonMFox
dfox@firehousesubs.com