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State Retirement Mandate Compliance

Attention Restaurant, Brewery & Catering Owners: Your State Is Watching

Restaurants, breweries, wineries, and catering companies with 5+ employees are subject to state retirement mandates. Don't let high turnover become a compliance excuse.

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Why It Matters

The Challenges Food & Beverage Owners Face

Most state mandates impose fines of $250–$500 per employee per year for non-compliance. The good news: setting up a qualifying retirement plan exempts you immediately — and federal SECURE 2.0 tax credits can offset up to $15,000 of your startup costs.

Flat-Fee Pricing

No AUM Minimums. One Flat Fee.

Unlike commission-based advisors, we charge a single flat fee — no percentage of assets, no hidden costs. SECURE 2.0 credits can cover most or all of your first three years.

Business Size Setup Fee Annual Flat SECURE 2.0 Credits
5–15 employees $1,500 $600/yr up to $15,000
16–30 employees $2,500 $900/yr up to $15,000
31–75 employees $3,500 $1,500/yr up to $15,000

*SECURE 2.0 Act credits available to employers with 100 or fewer employees. Credits apply to startup costs for the first 3 years. Consult a tax advisor for specifics.

How It Works

Get Compliant in 3 Simple Steps

1

Free Compliance Audit

We review your state's mandate requirements, your employee count, and your current retirement setup — at no cost.

2

Custom Plan Design

We design a flat-fee retirement plan optimized for your business size, budget, and owner contribution goals.

3

File State Exemption

We handle the mandate exemption filing and ensure you maximize your SECURE 2.0 federal tax credits — often worth $5,000–$15,000.

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Frequently Asked Questions

Food & Beverage Retirement Plan FAQs

Does the state retirement mandate apply to breweries and wineries?
Yes. Breweries, wineries, and taprooms are private employers subject to state retirement mandates if they have 5 or more W-2 employees. There is no food and beverage industry exemption. This applies to restaurants, catering companies, food trucks with employees, and beverage producers alike.
My restaurant has high turnover — does that affect my mandate obligations?
High turnover doesn't reduce your obligation if you consistently have 5+ employees at any point during the year. Most states look at a snapshot of your workforce (often your highest headcount month). The plan you establish to comply just needs to be available to eligible employees — not necessarily actively used by employees who leave quickly.
What's the simplest retirement plan for a 10-person restaurant?
A SIMPLE IRA is typically the simplest and most cost-effective option for a 10-person restaurant. It requires minimal administration, allows employee deferrals up to $16,000/year, and requires a small employer match (1–3%). Our flat fee for this size: $1,500 setup + $600/year. SECURE 2.0 credits can cover most or all of year 1.
Can a small brewery owner maximize their own tax-deferred savings?
Yes. A brewery owner paying themselves a W-2 salary can use a Solo 401(k) or profit-sharing plan to shelter up to $66,000/year (2024). This is especially valuable for brewery owners in profitable years who want to reduce taxable income while building personal wealth outside the business.
How do I file a state exemption for my restaurant or catering company?
Once you establish a qualifying retirement plan, you register with your state's mandate program portal indicating you have a private plan in place. The specific process varies by state. We handle this filing for all clients as part of our onboarding process — you don't need to navigate it yourself.

Ready to Get Compliant?

Book a free 20-minute compliance audit. We'll tell you exactly what your state requires, what it costs, and how federal tax credits can cover most of it.

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Helpful Resources

States with Active Mandates

California Oregon Vermont View All States →

Local Coverage

Napa, CA Ashland, OR Woodstock, VT

Other Resources

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