Whether you’re a new franchise owner or have been operating your business for a while, it can be challenging to understand the ins and outs of payroll for franchises. From hourly wages and tips to paying yourself as the owner, there’s a lot to consider when running payroll. So what’s the best way to proceed?
In this article, we’ll discuss common issues that come up with franchise payroll, including how to process payroll, top wage and hour considerations, paperless pay, and more. After reading this, you’ll know the steps to take to make sure you pay your staff accurately and on time for greater employee satisfaction – and compliance.
In most cases, you as the business owner are responsible for running payroll, among other operational tasks. That’s because most franchise systems grant that franchisees, while having to comply with certain system standards, are independent businesses with responsibility for the day-to-day operation of their own businesses. Your responsibilities in this regard will usually be described in a franchise agreement or disclosure document, which will list the support and services the franchisor will provide.
Keep in mind that in a small number of cases, you may be considered a joint employer with your franchisor and share liability for issues governed under the Fair Labor Standards Act (FLSA), meaning, you’d both be responsible for payroll and any compliance violations that arise.
You and the franchisor are considered joint employers if the franchisor has control over terms and conditions of the employment relationship, the degree to which was outlined in a Department of Labor Final Rule that sought to clarify the joint-employer standard. That rule has since been rescinded and courts around the country are now applying various multi-factor tests to make this determination. However, if you’re deemed to be a joint employer with your franchisor, you would both be liable if, for example, you fail to pay an employee on time.
Before you run your franchise payroll, you’ll need to take a number of steps to get started.
If you’re in the food and beverage industry and have tipped workers, under the FLSA, you’ll need to make sure that your employees’ combined cash and tip rate total at least minimum wage, which is $7.25 an hour or higher depending on state and local laws. So if workers earn enough in tips to make up the difference you only have to pay a cash wage of $2.13 an hour and the rest -- $5.12 – is what’s known as a federal tip credit.
As we mentioned earlier, you’ll need to withhold certain taxes from your employee’s paycheck and, every quarter, report and pay to the IRS those amounts on Form 941, Employer’s Quarterly Federal Tax Return. If you have tipped employees, keep in mind that all cash and non-cash tips are treated as a form of income and subject to taxes.
Most employers will also have to file Form 940 for FUTA taxes and deposit those taxes.
It's important to note that you can incur penalties when you fail to pay these taxes or don’t pay them on time.
When it comes to processing payroll, many franchises choose to invest in a payroll service or to work with an accountant to avoid much of the cumbersome administrative and tax-related work. That’s because you can be easily overwhelmed by payroll responsibilities and may want to focus instead on growing your business.
That’s not all. Getting payroll right is also essential to avoiding costly consequences. For example, you’ll be responsible for paying employees correctly and on time. You also need to properly calculate your payroll tax obligations and submit them in a timely manner along with filing quarterly tax reports. Even if you have someone else in your company who can take on these roles, it still takes a lot of time – almost 5 hours each pay period.
However, you may decide these factors aren’t deal breakers and opt to run payroll yourself. If you do, there are several benefits to keeping payroll in house. For instance, you’ll have control over sensitive employee data and greater flexibility if you pay cash wages or pay employees for the current pay period instead of in arrears. In addition, you won’t have to pay a payroll company, which generally charges $200-$250 per employee per year.
If you decide you want to evaluate third-party vendors who have payroll software for franchises, you have lots of options. To narrow down your list and find the right fit, there are many factors to consider. Some of the key points of differentiation that you’ll want to evaluate include:
Since there are several special considerations when it comes to franchise payroll, and it can take a lot of time and focus to get it right, you may want to outsource your payroll. If you decide on this option, and you evaluate potential vendors based on the criteria we just outlined, you may want to learn more about Complete Payroll Solutions to see if we could be a fit. Visit our dedicated franchise page to learn more about the services we offer owners.