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Attachment B 16.) Q: For purposes of determining business size, do owners or members of boards count? A: In most circumstances, individuals who are proprietors, partners, officers, members of boards of directors, or major shareholders are not counted. However masking a worker with one of these titles does not prevent them from qualifying as workers, and the following factors can be considered: Whether and, if so, to what extent the organization supervises the individual's work Whether the individual reports to someone higher in the organization To what extent the individual is able to influence the organization Whether the parties intended that the individual be an employee, as expressed in written agreements or contracts Whether the individual shares in the profits, losses, and liabilities of the organization 17.) Q: What if I have a new business that has been open less than a year? A: To determine the size of a new business, count the average number of workers per week during the first 90 days after the new business began operation. Then determine if it is considered questions 13 and 14.) 18.) Q: How do I calculate business size if it is a franchise? A: If you operate your business pursuant to Minnesota's franchise law, Minn. Stat. 80C.01, and the franchisor and all franchisees own or operate an aggregate of more than ten (10) locations nationally, then you are a large business under the new Minimum Wage ordinance. You do not need to count the total number of employees. 19.) Q: Are there any special rules for restaurants? A: If your business is a full service restaurant in Minneapolis which is ƓƚƷ operated pursuant to fewer than ten (10) locations nationally, each restaurant location is treated as a single, unique employer solely for the purposes of determining business size. So, you will need to count the number of employees in each restaurant location to 13, 14 and 15. For purposes of this rule, a full-service restaurant is an establishment in which food and beverage are served and which provides table service to customers to facilitate the ordering and delivery of food and beverage. 6