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Workers' Compensation Insurance

April 21st, 2011

Restaurant Classification Codes

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Martin Summers

Insurance Agent

There are four main classification codes used to categorize restaurant employees for workers’ compensation exposures in Florida. Caterers can be assigned to the appropriate restaurant classification based on the nature of their operations and depending on which classification they are most similar to when they serve the food at the client’s location.

9058This classification code is applied to all restaurant employees under the direct management of hotels, motels, motor courts and tourist courts or cabins. A restaurant that is operated by an insured who is not involved in the above-mentioned businesses is classified to the appropriate restaurant classification listed below, even if the restaurant may be located on the premises of a hotel, motel, etc. Restaurant operations are a normal adjunct to these establishments and they usually cater to the general public as well as guests of their facilities. Employees engaged in food and beverage preparation and service at apartment hotels, dude ranches and rooming or boarding houses also fall within the scope of this classification. This classification also includes musicians or entertainers, hostesses, bartenders, waiters, waitresses, cashiers, cooks, busboys, dishwashers and restaurant managers. At the height of the rates in 2003, this class code was 5.14 percent of total remuneration. The Florida rate for this classification in 2011 is now 2.01 dollars for every 100 dollars of remuneration.

9084This classification applies to restaurants that have more than 50% of their revenues coming from the sale of alcoholic beverages such as beer, liquor or wine. It is used for bars, discotheques, lounges, nightclubs and taverns. The payroll should include musicians or entertainers employed by these establishments when these musicians or entertainers are considered employees for workers compensation purposes. Employees of a Code 9084 risk may engage in the preparation and service of alcoholic drinks such as liquor, beer or wine intended for consumption on the premises. These employees may also prepare and serve hors d’oeuvres, light snacks and, in some cases, complete dinners. Patrons of this type of restaurant are generally expected to give wait staff a gratuity based on quality of service rendered. At the height of the rates in 2003, this class code was 6.22 percent of total remuneration. The Florida rate for this classification in 2011 is now 2.32 dollars for every 100 dollars of remuneration.

9083This classification code is applicable to fast food restaurants including, but not limited, to pizza parlors, sandwich shops, concession stands, and hamburger, taco or fried chicken restaurants. For purposes of this classification, fast food restaurants are defined as establishments that prepare and serve food and beverages for consumption on or off premises. Fast food restaurants offer limited menus, which usually include items such as sandwiches, side dishes such as French fries, and soft drinks. The customer will enter the restaurant, proceed to a counter and place an order. The completed order is handed to the customer, who will pay for same. The customer may then leave the restaurant with the order or seek out his/her own table. After completion of the meal, many fast food restaurant customers will clean up their own tables and deposit their litter in designated receptacles. Patrons of this type of restaurant are generally not expected to leave a gratuity. Code 9083 is not applicable to a full service restaurant that employs wait staff. It is recognized that fast food restaurants will, on an occasional or accommodation basis, provide wait service. An occasional or accommodation basis may include the offering of wait service for customers that have limited capacities to obtain their own counter service or offering wait service for groups that request this service for an occasion such as a meeting or birthday party. Caterers contemplated by Code 9083 include caterers that prepare sandwiches for box lunches and other similar services. These foods will be sent to customers or taken to various plants or office buildings for sale to employees of such concerns. The dispensing of food, drinks, candy, etc., at ballparks, race tracks, boxing arenas and theaters by independent concessionaires also is assigned to Code 9083 provided that the requirements regarding wait service are met. At the height of the rates in 2003, this class code was 5.29 percent of total remuneration. The Florida rate for this classification in 2011 is now 2.32 dollars for every 100 dollars of remuneration.

9082This classification code contemplates the “traditional” restaurant that provides wait service. Customers in this type of establishment may either select their own table or be escorted to a table by a restaurant employee. The customer will place an order with a member of the wait staff. This employee in turn places the order with kitchen staff, who will prepare same. The food is delivered to the customer by wait staff, who remain available to assist the customer throughout the course of the meal. Patrons of this type of restaurant are generally expected to give wait staff a gratuity based on quality of service rendered. Code 9082 operations are also designated as “not otherwise classified” (NOC). Restaurant businesses should be placed in Code 9082 only when no other classification more specifically describes the insured’s operations. At the height of the rates in 2003, this class code was 6.87 percent of total remuneration. The Florida rate for this classification in 2011 is now 2.27 dollars for every 100 dollars of remuneration.

If you would like more information about any of these classifications or information on how your own employees should be classified, please do not hesitate to contact our office or request a workers’ compensation quote online.

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