6 ways to build resilience amid rising restaurant bankruptcies
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6 ways to build resilience amid rising restaurant bankruptcies

By Jeff Weinstein

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Restaurant bankruptcies are on the rise, with numerous high-profile chains filing for Chapter 11. A combination of rising operational costs, changing consumer habits, and economic uncertainty is squeezing the industry more than we’ve seen since the mortgage crisis of 2007-2009.  For HR managers and restaurant business owners, controlling labor costs and optimizing workforce management have become key to survival.

Why are so many restaurants filing for bankruptcy?

Several factors have contributed:

  • Inflation and rising costs: Food, rent, and utilities have all become more expensive, putting pressure on restaurant margins and consumer spending.
  • Low unemployment and wage increases: Finding and keeping hourly workers has become more expensive, often leading to over-reliance on overtime and the incremental cost of training new employees.
  • Shifting consumer behaviors: With more people dining at home or opting for takeout and delivery, traditional dine-in models have been strained.

While these issues might seem out of the control of restaurant owners, there are things you can do to protect margins and maintain a competitive advantage.  At Vitaligent, a franchise group of 94 Jamba and 2 Cinnabon locations, we deployed these strategies to offset the impact of minimum wage increases while delivering best-in-class same-store sales growth and guest satisfaction (OSAT).

1. Control labor costs by reducing overtime and penalties

We all know overtime can sneak up on you—especially when your team is stretched thin and you’re trying to maintain service levels. But over time, those extra hours add up to significant costs that cut into your already-tight margins.

Beyond the financial hit, there’s the toll on your team. Burnout from excessive overtime can lead to lower productivity, higher turnover, and mistakes—none of which help when you’re trying to run a smooth operation.

How to fix it: A good workforce management system can help you track employee hours in real time, making it easier to prevent unnecessary overtime. And when you automate your scheduling, you can optimize the number of people on the clock and the number of hours they work. Bonus? It also helps you stay compliant with labor laws and avoid costly payroll mistakes.

2. Avoid overstaffing with smarter scheduling

Scheduling is both art and science, and mastering it is crucial to avoiding overtime.  On one hand, you need enough staff to keep up with demand and deliver great customer service. On the other, you don’t want to overstaff and pay for unproductive labor during slow periods. Add in the unpredictability of employee availability, last-minute call-ins, and fluctuating customer traffic, and creating the perfect schedule can feel like a throw of the dice.

Relying on gut instinct or simply copying last week’s schedule doesn’t account for these ups and downs, leaving you either overstaffed and wasting money or understaffed and scrambling to keep up. And when you’re already walking a fine line with profit margins, small missteps in scheduling can have a big financial impact.

How to fix it: Rather than reacting to shifts as they happen, take a proactive approach by analyzing past sales data and identifying your busiest times. By scheduling more staff during those high-traffic hours and fewer during slower periods, you can avoid the panic of being understaffed (and the temptation to keep people on the clock longer than needed).

3. Cross-train your staff for flexibility

The ability to shift employees between roles is key to keeping operations running smoothly, especially when business is unpredictable. Cross-training can reduce dependency on overtime and give you more options when someone calls in sick. 

Encouraging your team members to build new skills also serves the added benefit of reducing turnover. When hourly workers see their job as an opportunity to grow, they’re more likely to stay with you. 

How to do it: Create a structured cross-training program that encourages employees to learn new roles. This not only boosts flexibility but also enhances employee engagement by giving employees the chance to learn new skills and become leaders as they mentor their peers

4. Leverage part-time and seasonal workers


Relying only on a full-time workforce might seem convenient, but when business fluctuates—like during seasonal spikes or slower off-peak dayparts—it can drive up costs unnecessarily. 

How to fix it: Part-time and seasonal workers provide flexibility, allowing you to scale your workforce up or down based on demand. For example, you can schedule your part-time to cover lunch or dinner peaks or hire seasonal staff for the busiest holiday periods. By blending both full-time and flexible workers, you can reduce labor costs without compromising service quality during peak times.

The right technology can help. With an integrated HR system, you can tag applicants or past employees who would be a good fit for part-time or seasonal work, making it easier to bring them on when you’re ready. 

5. Invest in employee retention


Turnover in the restaurant industry is high, and the cost of recruiting and training new staff can pile up.  Plus, experienced employees are more efficient, understand your workflow, and require less supervision, which boosts overall productivity. Investing in retention means you’re keeping the knowledge and skills within your business, reducing onboarding costs. Additionally, retaining staff fosters a positive workplace culture, which improves team morale and contributes to better customer service.

How to do it: To improve retention, offer employees opportunities for growth, like promotions or skill development programs. When staff see a clear path for advancement, they’re more likely to stay engaged and grow with you. A workplace culture that values its employees goes a long way to reducing turnover, cutting down on recruitment costs, and fostering a loyal, high-performing team.

6. Optimize time tracking and payroll


Tracking time for hourly workers can be a challenge—especially when employees forget to clock in or out, miss breaks, or punch in early. These seemingly small mistakes can have big consequences for your payroll. If employees are inaccurately recording their hours, you are paying out more than you should, cutting into your profits. 

And it’s not just about overpaying—fixing these mistakes is time-consuming, requiring manual adjustments and double-checking. At best, this is a distraction for your management team; at worst, it can leave you exposed to costly compliance issues, like failing to meet labor law requirements around breaks and shift lengths.

How to fix it: Automating time tracking with a system that integrates directly into your payroll is essential for preventing these errors. By using digital time clocks that sync with your payroll software, you can ensure that hours worked are accurately recorded, breaks are tracked, and compliance is maintained. Look for a system that autoflags any suspicious entries so you can more easily catch issues with clock-ins, clock-outs, and overtime. This saves you time and reduces the risk of overpayment and penalties.

Building a resilient future

While the restaurant industry is facing unprecedented challenges, there are steps you can take to make your business more resilient. By focusing on efficient workforce management—reducing overtime and penalties, avoiding overstaffing, and improving retention—you can keep labor costs under control and position your restaurant to thrive in the face of adversity.

By Jeff Weinstein
Jeff Weinstein has over 30 years of experience in food and beverage, including leadership roles with Peet’s, Starbucks, and Jamba. As CEO of Vitaligent, he led Jamba’s largest franchise group. More recently, he facilitated the business transformation of the Wise Sons Jewish Deli group in the SF Bay Area. Jeff is proud to serve as Workstream’s Operator in Residence.

Personal Information and Sensitive Personal Information

Before we discuss the right to limit and the right to opt-out, we must first define personal information and how it relates to sensitive personal information.

Personal information is any data that identifies, relates to, or could reasonably be linked to you or your household. A few examples of personal information include:

  • Name or nickname
  • Email address
  • Purchase history
  • Browsing history
  • Location data
  • Employment data
  • IP address
  • Profiles businesses create about you, including pseudonymous profiles (“user1234”)
  • Sensitive personal information

Sensitive personal information or “SPI” is a subset of personal information, defined as:

  • Identifying information (e.g. social security number, driver’s license)
  • Financial data (e.g. debit or credit card numbers)
  • Precise geolocation (within a radius of 1,850 feet)
  • Demographic or protected-class information (e.g. race/ethnicity, religion, union membership)
  • Biometric and genetic data (e.g. fingerprints, palm scans, facial recognition)
  • Communications and content (e.g. mail, email, text messages)
  • Health and sexual orientation (e.g. vaccine records, health history)

Right to Opt-Out

Californians have the right to opt-out of the sale and sharing of their personal information. That means you have the right to opt-out of the sale of your personal information to third parties (e.g. data brokers, advertisers). You also have the right to opt-out of the sharing of your personal information to prevent the targeting of ads across different businesses, websites, apps, or services.

CCPA-covered businesses must provide a link to allow you to exercise this right. It is usually found at the bottom of a webpage and will say “do not sell or share my personal information” or “your privacy choices.” Sometimes businesses offer privacy choices through a pop-up window or form

To opt-out of the sale and sharing of your personal information, click on the link or use the toggle provided by the business and follow the directions. Doing this on every website you visit can feel burdensome, but to ease the burden you can automatically select your privacy preferences for every website by using an opt-out preference signal, or OOPS for short.

An OOPS is a user-friendly and straightforward way for consumers to automatically exercise their right to opt-out of the sale and sharing of their personal information with the businesses they interact with online. An OOPS, such as the Global Privacy Control. It can either be a setting on your internet browser or a browser extension. With an OOPS, consumers do not have to submit individual requests to opt-out of sale or sharing with each business.

Right to Limit

Californians also have the right to direct businesses to limit the use and disclosure of their sensitive personal information.

Businesses covered under the CCPA must provide a link on their website that allows you to request the limiting of your SPI, if they plan on using it in certain ways. That link will also typically be at the bottom of a webpage and will say: “limit the use of my sensitive personal information” or “your privacy choices.” Once you send this request, the business must stop using your SPI for anything other than to:

  • Provide requested goods or services
  • Ensure security and integrity
  • Prevent fraud
  • Maintain system functionality
  • Comply with legal obligations

Bringing it Together

In summary, the CCPA gives you the right to opt-out of the sale and sharing of your personal information and gives you additional rights to further limit the use and disclosure of your sensitive personal information.

When you exercise these rights together, you exert greater control in protecting your personal data which is important for your identity, safety, and financial health.

If you are on a business’s website and you can’t find the links to exercise your rights, remember to check their privacy policy. The privacy policy should tell you how you can exercise your rights under the law.

If you find your rights being violated, you can submit a complaint to CalPrivacy.

Next in the LOCKED series, we will explore the right to correct and right to know. Follow us on social media to get live updates or check back in one week for the next post.

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