Chapter 4 – Employment

NOTE: THIS CONTENT IS NOT INTENDED TO BE LEGAL ADVICE. IT IS INTENDED FOR REFERENCE PURPOSES ONLY. EACH Monkey Bizness FRANCHISEE ACCEPTS FULL LEGAL RESPONSIBILITY FOR COMPLIANCE WITH ALL FEDERAL, STATE AND LOCAL LABOR AND EMPLOYMENT LAWS. FRANCHISEES SHOULD CONSULT THEIR OWN LEGAL AND OTHER PROFESSIONAL ADVISORS TO ENSURE THAT THEY ARE IN COMPLIANCE WITH ALL FEDERAL, STATED AND LOCAL LAWS, RULES, AND REGULATIONS APPLICABLE TO THE OPERATIONS OF THEIR BUSINESS.

State and Federal Employment Laws

Franchisees must comply with a variety of state and federal laws, rules and regulations related to employment and Staffs. The following is a list of some of the most significant:

Occupational Safety and Health Administration (OSHA) www.osha.gov.
U.S. Department of Labor – Information about minimum wages and other regulations www.dol.gov.
Americans with Disabilities Act (ADA) prohibits employment discrimination on the basis of disability www.ada.gov.
Age Discrimination in Employment Act (“ADEA”).
Fair Labor Standards Act (“FLSA”).
U.S. Equal Employment Opportunity Commission (EEOC) promotes equal opportunity in employment through administrative and judicial enforcement of federal civil rights laws. www.eeoc.gov .
Immigration Reform and Control Act (“IRCA”).
Internal Revenue Service (IRS).

Note:

Federal law requires that employers keep complete records of hiring activities including, but not limited to; applications/resumes, job listing, and advertisements. Consult with your own professional advisors for updated information.
Federal and state laws require employers to conspicuously display a variety of employment law-related posters in places that are accessible to all staff members and job applicants. Posters can be obtained from a variety of sources, including private companies, federal and state agencies.

Hiring

It is your responsibility to research best-demonstrated practices and obtain basic knowledge of recruiting, creating job descriptions, paperwork, candidate selections, interviewing methods, checking references, background checks, job offers, evaluation, discipline, and termination techniques.

Your hiring process may consist of one or multiple of the following items:

Initial Interview – This interview is typically done by either the store owner or your manager. Owners typically develop a list of standard questions they go over with the applicant. Having a consistent list of standard questions is a good idea so that you can develop a baseline for answers. When developing this list of questions, please be aware of questions you are not legally allowed to ask.
Follow Up/Secondary Interview – This can be conducted by either you or one of your staff. It is generally a good idea to get multiple opinions when looking at an applicant from people that you trust within your business.
Shadowing – Shadowing is the process having an applicant learn about a job by walking through the work day as a shadow to a competent worker. This is more important with supervisors than with other employees. It will also give you and your staff a better idea about the temperament and skills of the applicant.

Staff Paperwork

Franchisees should review all their internal related HR documents annually and update as needed. Suggested items to review may include policies related to gender, ADA, FMLA, I-9 compliance, gun laws, definition of spouse as it relates to benefits and healthcare classifications (if applicable), background checks, and classifications of employee vs. contractor.

Best demonstrated practices regarding Employee Handbooks include implementing an employee/Supervisor sign off sheet, which includes a document informing your employees that they work for an independently owned and operated business. In addition, all HR information should clearly state that you are an independently owned and operated entity.

A typical personnel file is stored in a locked filing cabinet. Monkey Bizness advises Franchisees to consult with their personal legal and other professional advisers to answer questions concerning Staff files.

Staff Policies

As an independent business owner, you must develop personnel policies that clearly define guidelines for conduct. Once developed, you will then need to modify and expand these policies as your business grows and changes. To ensure consistent and uniform enforcement of the policies you establish, Monkey Bizness recommends that you develop a Staff Handbook to serve as a code of conduct.

A basic Staff Handbook allows for a consistent experience and can also provide legal protection against unjustified employee-related lawsuits. Monkey Bizness does not supply Franchisees with Staff Handbooks. Franchisees are responsible for writing, with the assistance of their personal professional advisors, and distributing, a customized Staff Handbook specific to their business.

The language used in a Staff Handbook should be clear and simple to understand, making it clear to staff what is expected of them and what they can and cannot do. These handbooks create consistency and provide a basis to hold staff accountable. Your initial handbook can range from just a couple pages of policies to an entire manual of well document policies and rules for employees to follow.

As an independent business owner, you will want to establish policies in these areas to suit your particular operation and consult the advice of your attorney or personal advisor. Even though we have provided example policies in the New Hire Checklist below, you will want to develop your own. The following is a list of suggested topics you should include in your Staff Handbook –

Uniform Standards

Your staff plays an important role in the image of your Monkey Bizness location. The proper attire is a Monkey Bizness tee shirt and khaki pants. The tee shirt and pants must be clean and the pants must not be low-rise, baggy or in poor condition. Any type of shoe is acceptable and clean, hole-free socks must always be worn.

At your discretion, you may allow khaki shorts during the summer, but the same rules should apply regarding low-rise, baggy, and poor condition. Jewelry can be a safety hazard, and it is a best-demonstrated practice to discourage all staff members from wearing items that may get caught or fall off in the presence of young children.

Smoking

As an employer, you need to make your stance on smoking in or around the workplace clear. Some states require smoking policies to be written and posted and that certain areas be designated and smoking or non-smoking. Check state and local laws for requirements regarding smoking and non-smoking areas in and around your business.

Substance Abuse

You can establish a policy banning use, possession, or sale of drugs in the workplace and on company property, and may (depending on the state) include a policy for pre-employment and for-cause drug testing. You may also establish a disciplinary policy for those found to be in violation of policy. Staff members should always be advised in writing and sign an acknowledgment of receipt testifying to understanding the policy.

Staffing

Your staff members are the lifeblood of your franchise and are probably the most critical element in your overall success. Staff relations are the most challenging part of owning a business, but can be the most rewarding. Unlike products or systems, people present unique challenges and great rewards when they are loyal and productive. Many personnel problems can be avoided when staff members possess an understanding of the job and company, with clear goals and procedures for them to follow. Your staff members produce, refine, protect, deliver and manage the Monkey Bizness brand. It is essential that you provide a sound introduction and thorough training.

Make sure you take the time to recruit the right people and ask great interview questions to give you the confidence necessary to know that they’ll do the job right. It is also important to note that sometimes people don’t work out so if you have to terminate them be sure to document the process and protect yourself.

It is the Franchisee’s responsibility to provide fair and equal opportunities to all applicants and staff members and equal access to jobs, pay, or career advancement, regardless of class, group, sex, race, color, religion, national origin, disability or age. For the health of the Monkey Bizness brand you must provide a hostile-free work environment where any form of harassment is not tolerated.

New Staff Orientation

A well-done orientation increases the likelihood that your new staff will be prepared to uphold Monkey Bizness brand standards. It also minimizes the time it takes for a new staff member to get up to speed and communicates the policies and procedures needed to be successful.

The orientation should be held in a reasonably quiet place with as few interruptions as possible. During the orientation, you should review the checklist and summarize key points, policies, and procedures with which the new staff member must be familiar. The sample checklist below can serve as a starting point for your orientation efforts and should be customized to reflect the needs of your operation.

Sample Orientation Checklist

Tour of business
Introduction to other members of team
Distribution of staff policy handbook if appropriate
Basic requirements of the job
Dress and Personal Appearance requirements
Attendance and Schedule Adherence Policy
Clock in/out Policy
Violence Policy
Harassment Policy
Franchise specific Miscellaneous Policies
Other policies as needed/required
Performance expectations
New hire paperwork
I-9
W-4
Collection of emergency contact information
Franchise specific requirements (key policy, security codes, etc.)
Training Schedule and requirements

Through this process, we believe that the use of a New Hire Checklist aids in effectively and efficiently bringing a new employee into your business. This checklist will be unique to each inpidual franchise. We have attached an example of a New Hire Checklist for reference.

Training New Staff Members

When done properly, staff training can increase job performance, staff retention, and franchise profits. You should keep your training organized and systematic so that each staff member receives consistent, quality training. It is also a best-demonstrated practice to maintain training records in personnel files for performance evaluations, disciplinary action, and promotions.

A common method for training is the four-step process, known as “Tell, Show, Do, Review”. There are many training delivery resources available to you regarding this process and it is your responsibility to explore this four-step method if you are unfamiliar with it.

On Going Staff Relations

As a best practice, at a minimum, you should have a review process in place for all employees at a supervisor or manager level. We have included an example of an evaluation form.

You should also have a process in place to record disciplinary action for employees. This process should include document the date/time of the incident, how it was handled, who it was handled by, and the corrective actions taken. Here is a link to an example form.

Staff Meetings

As a best practice, you should have monthly staff meetings. This is a time for you to review items that may be important in the upcoming month, review sales specials, or discuss items that need to be attended to. Regardless of the topic, monthly communication between you and your staff is essential.

Initial Staffing

Hiring your initial staff will be a time-consuming process that requires your full attention and effort. Not only do you need to advertise and hire your new staff, but you will need to train them.

Hiring Initial Staff

You can work with Corporate to help determine the correct roles and number of your initial staff. Generally, your staff should be hired 3-4 weeks prior to the opening of your store. However, for supervisor roles, you will want to begin to advertise these at a minimum of 2 months prior ot the opening. Finding people to fill weekday roles is significantly harder than filling your weekend shifts and as such, you should look to begin to advertise these as soon as you know an estimated open date for your store.

Initial Staff Training

Your initial staff training is an exciting time for your store….perhaps at no other time in your business will you have a chance to better establish the expectations and culture that you expect out of all of your employees. Because of this, you should be well prepared for this training. You can work with Corporate to help design the most appropriate training for your new employees. In general, we recommend one 4-6 hour training for your supervisors and one 3-4 hour training for your party hosts.

We highly recommend doing a “soft opening” for your store. A soft opening is a great tactic that can lead to an infinitely more successful grand opening of your new store. Quietly opening your new store’s doors a few weeks early, without the pressure or fanfare of a grand opening, is an idea that has seen steady growth in popularity. A soft opening gives you the opportunity to observe and continue training within a somewhat controlled, “live” environment.

Coordinating a soft opening is something that you can work with Corporate to plan.