Employment Policy Handbook And Operations Manual - PETERSON BURGE ENTERPRISES - July 2016 - Efficient Forms
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PETERSON BURGE ENTERPRISES Employment Policy Handbook And Operations Manual July 2016 Revised: J u l y 2016
Table of Contents Mission Statement ................................................................................................................................. 1 Equal Employment Opportunity and Unlawful Harassment ................................................................ 2 ADA and Religious Accommodation .............................................................................................. 2 EEO Harassment .............................................................................................................................. 2 Sexual Harassment ........................................................................................................................... 2 Complaint Procedure ........................................................................................................................ 3 Personnel Administration ...................................................................................................................... 5 Your Employment File..................................................................................................................... 5 Notice of Rights Regarding Personnel Records .............................................................................. 5 Disputed Information........................................................................................................................ 5 Employment Classifications ................................................................................................................. 6 Regular, Non-Exempt and Exempt Employees ............................................................................... 6 Temporary Employees ..................................................................................................................... 6 Hire Date .......................................................................................................................................... 6 Employment of Relatives ................................................................................................................. 6 Dating in the Workplace ................................................................................................................ 6 Work Schedule ...................................................................................................................................... 7 Attendance ........................................................................................................................................ 7 Work Rules for Minors ......................................................................................................................... 7 16 and 17-year old Employees ........................................................................................................... 7 Compensation & Performance Reviews ................................................................................................ 8 Compensation Program .................................................................................................................... 8 Performance Reviews....................................................................................................................... 8 Overtime Pay ............................................................................................................................... 8 On-Call and Waiting Time ............................................................................................................. 8 Revised: J u l y 2016
Wage Inquiries ................................................................................................................................. 8 Time Clocks - Employees at Restaurants ........................................................................................ 9 Time Reporting – Restaurant Support Center.................................................................................. 9 Pay for Exempt Employees .............................................................................................................. 9 Code of Conduct ................................................................................................................................. 10 Ethics and Integrity Policy ................................................................................................................ 10 Sales of Alcohol and Tobacco ............................................................................................................. 11 Forms of identification accepted by state and federal laws are: ..................................................... 11 Examples of age-restricted items and the legal age to purchase them are: ........................................... 11 Violations ............................................................................................................................................ 11 Confidential Information ..................................................................................................................... 11 Conflicts of Interest ............................................................................................................................. 11 Outside Employment ...................................................................................................................... 12 Employee Problem Procedure ............................................................................................................ 12 Discipline and Discharge .................................................................................................................... 12 Dress Code/Personal Appearance/Uniform Standards ........................................................................ 12 Tattoos ............................................................................................................................................ 12 Cell phones and pagers................................................................................................................... 13 Office Employees ........................................................................................................................... 13 Above Restaurant Leaders and Restaurant General Managers ...................................................... 13 Restaurant Employees .................................................................................................................... 13 Drugs and Alcohol .......................................................................................................................... 13 Tobacco-Free Work Environment ....................................................................................................... 13 Gun Free Workplace ........................................................................................................................... 14 Guests and Visitors ............................................................................................................................. 14 Threatening/Violent Conduct ........................................................................................................... 14 Revised: J u l y 2016
Personal Vehicle Use for Business Purposes ................................................................................... 15 No Solicitation/No Distribution Policy .............................................................................................. 15 Interpretation .................................................................................................................................. 15 Employee Solicitation* .................................................................................................................. 15 Employee Distribution of Literature .............................................................................................. 15 Definitions ...................................................................................................................................... 15 Solicitation by Non-employees ...................................................................................................... 16 Bulletin Boards ............................................................................................................................... 16 Workplace Searches ............................................................................................................................ 16 The Company’s Property.............................................................................................................. 16 Employee Belongings..................................................................................................................... 16 Confidentiality ................................................................................................................................ 17 Electronic Device & Computer Usage .............................................................................................. 17 Restaurant Recording Policy ........................................................................................................ 17 Computer Network ......................................................................................................................... 17 E-Mail Use………………………………………………………………………………………18 Etiquette……………………………………………………………………………………. 18 Restricted Access………………………………………………………………………………..18 Password Security……………………………………………………………………………….18 Software…………………………………………………………………………………………19 Data Security and Transmission Policies……………………………………………………….19 Online Services and Related Accounts………………………………………………………….19 Internet Usage and Related Communications……………………………………………………20 Voice Mail………………………………………………………………………………………20 Telephones/Cell Phones/PDAs………………………………………………………………….20 Personal Cellular Telephones…………………………………………………………………...20 Revised: J u l y 2016
Safety Issues For Cellular Telephone Use ..................................................................................... 21 Social Media Policy .............................................................................................................................. 21 Safety................................................................................................................................................... 22 Work-Related Injuries .................................................................................................................... 22 Workers’ Compensation................................................................................................................. 22 PRC and Guest Related Incident's ................................................................................................. 22 Leaves of Absence ............................................................................................................................ 23 Personal Leave of Absence (Non-Medical) ................................................................................... 23 Family and Medical Leave (FMLA Leave) ................................................................................... 23 Military Family Leave Entitlements ............................................................................................ 23 Benefits and Protections................................................................................................................. 24 Eligibility Requirements ................................................................................................................ 24 Definition of Serious Health Condition ....................................................................................... 24 Use of Leave .................................................................................................................................. 24 Substitution of Paid Leave for Unpaid Leave................................................................................ 25 Employee Responsibilities ............................................................................................................. 25 The Company’s Responsibilities ................................................................................................. 25 Unlawful Acts ................................................................................................................................ 25 Enforcement ................................................................................................................................... 25 Combined Medical Leave (Not FMLA Eligible and Extended beyond FMLA) .......................... 26 Military Leave of Absence............................................................................................................. 26 Funeral (Bereavement) Leave ........................................................................................................ 26 Jury Duty ................................................................................................................................... 27 Benefits for AGMs, RGMs, ASLs and Office Employees .................................................................. 28 Sick Pay ....................................................................................................................................... 28 401(k) Plan ..................................................................................................................................... 28 Revised: J u l y 2016
Paid Holidays ................................................................................................................................. 28 Vacation ......................................................................................................................................... 29 Tuition Reimbursement Policy………………………………………………………………….30 Separation of Employment .................................................................................................................. 30 Resignations ................................................................................................................................... 30 Return of Company Property ....................................................................................................... 30 Acknowledgment of Receipt……………………………………………………………………….31 Revised: J u l y 2016
IMPORTANT INFORMATION ABOUT THE EMPLOYEE HANDBOOK THIS HANDBOOK IS INTENDED TO ACQUAINT EMPLOYEES WITH PETERSON BURGE ENTERPRISES (“THE COMPANY”) AND PROVIDE INFORMATION ABOUT WORKING FOR THE COMPANY. IT SHOULD NOT BE TAKEN AS AN ALL INCLUSIVE HANDBOOK WITH EVERY COMPANY POLICY, PRACTICE, AND GUIDELINE, BUT SHOULD BE SEEN AS A SUMMARY OF SOME OF THE COMPANY’S POLICIES, PRACTICES, AND GUIDELINES. THIS 2015 HANDBOOK REPLACES AND SUPERSEDES ALL PREVIOUSLY ISSUED HANDBOOKS. EMPLOYMENT WITH PETERSON BURGE ENTERPRISES IS AT-WILL, WHICH MEANS THAT EMPLOYEES HAVE THE RIGHT TO END THEIR WORKING RELATIONSHIP WITH THE COMPANY, WITH OR WITHOUT NOTICE AND FOR ANY REASON, JUST AS THE COMPANY HAS THE RIGHT TO END ITS WORKING RELATIONSHIP WITH ANY EMPLOYEE AT ANY TIME FOR ANY REASON, WITH OR WITHOUT NOTICE. THE LANGUAGE USED IN THIS HANDBOOK, OPERATIONS MANUAL, AND ANY VERBAL STATEMENTS MADE BY MANAGEMENT DO NOT, UNDER ANY CIRCUMSTANCES, CONSTITUTE A CONTRACT OF EMPLOYMENT, DO NOT GUARANTEE EMPLOYMENT FOR ANY SPECIFIC DURATION, AND DO NOT LIMIT THE COMPANY’S RIGHT TO TERMINATE ITS WORKING RELATIONSHIP WITH ANY EMPLOYEE AT ANY TIME FOR ANY REASON. NO REPRESENTATIVE OF PETERSON BURGE ENTERPRISES, OTHER THAN THE PRESIDENT, HAS THE AUTHORITY TO ENTER INTO AN AGREEMENT OF EMPLOYMENT FOR ANY SPECIFIED PERIOD OR OTHERWISE CHANGZING YOUR AT-WILL EMPLOYMENT RELATIONSHIP WITH THE COMPANY AND ANY SUCH AGREEMENT MUST BE IN WRITING, SIGNED BY THE PRESIDENT AND THE EMPLOYEE. IF YOU HAVE ANY QUESTIONS AFTER READING THIS HANDBOOK, PLEASE TALK WITH YOURIMMEDIATE SUPERVISOR OR THE HUMAN RESOURCES DEPARTMENT. IN ADDITION, THE NEED MAY ARISE TO CHANGE THE GUIDELINES DESCRIBED IN THIS HANDBOOK FROM TIME TO TIME. EXCEPT FOR THE AT-WILL NATURE OF YOUR EMPLOYMENT, WHICH CAN ONLY BE MODIFIED AS DESCRIBED ABOVE, THE COMPANY RESERVES THE RIGHT TO INTERPRET OR TO CHANGE ANY OF ITS GUIDELINES AT ANY TIME, WITHOUT NOTICE. Revised: J u l y 2016
Mission Statement Welcome to Peterson Burge Enterprises!!! Peterson Burge Enterprises owns and operates the following franchises: Taco Bell, Kentucky Fried Chicken, Long John Silvers, & Pizza Huts in multiple states AZ, CA, UT, NV, WY & TX. Along with our family of full services restaurants currently all located in Arizona. We are excited that you are joining us! We believe that your future association with Peterson Burge Enterprises (hereinafter “the Company”) will be a mutually beneficial and rewarding experience. We are a consumer "guest” driven organization that prides ourselves in serving unique great tasting food quickly and enthusiastically providing an experience our guest will continue to visit us for. We believe that each employee contributes directly to our growth and success, that with the hiring of each employee we are hiring someone who values diversity, teamwork, and self-reliance all while experiencing personal growth within our organization. We strive to seek out people like YOU, who want the opportunity to succeed in a progressive and motivated environment. We are counting on your expertise to help us achieve our goals. We greatly appreciate the talent and dedication of our employees. As thanks for your commitment, it is our practice to treat employees with dignity and respect. To satisfy the needs of our guests, we must function as a team to provide them with the highest quality of service. As a part of the teamwork philosophy, we have an open door policy to promote open, two-way communication at all times. Because you can freely address problems and concerns, as well as your suggestions, to your managers, as well as Area Coaches, Directors and Human Resources we do not believe outside organizations are necessary, or even helpful, to our employee relations. This handbook was developed to describe some of the expectations of our employees and to outline the policies, programs, and benefits available to eligible employees. Employees should familiarize themselves with the contents of this employee handbook as soon as possible, for it will answer many questions about employment with Desert de Oro Foods, Inc. We hope that your experience here will be challenging, enjoyable and rewarding. We want to be the best, so we only hire the best! Thank you for joining our winning team and again, welcome! Krystal Burge Mark Peterson Franchisee Franchisee 1 Revised: J u l y 2016
Equal Employment Opportunity and Unlawful Harassment The Company is dedicated to the principles of equal employment opportunity. Consequently, we strictly prohibit unlawful discrimination against applicants or employees on the basis of age, race, sex, color, religion, national origin, disability, military status, genetic information, or any other status protected by any applicable state or local law. ADA and Religious Accommodation The Company will make reasonable accommodations for qualified individuals with disabilities and employees whose work requirements interfere with a religious belief unless doing so would result in an undue hardship to the Company or cause a direct threat to your or another’s health and/or safety. If you need an accommodation, you should contact your supervisor or Human Resources. If you do not believe that your supervisor is responding appropriately, you should contact Human Resources. EEO Harassment The Company strives to maintain a work environment free of all forms of unlawful harassment. In doing so, the Company strictly prohibits unlawful harassment because of age, race, sex, color, religion, national origin, disability, military status, genetic information, or any other status protected by any applicable state or local law. Unlawful harassment includes verbal or physical conduct that has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment. Actions based on an individual’s age, race, sex, color, religion, national origin, disability, military status, genetic information, or any other applicable status protected by state or local law will not be tolerated. Prohibited behavior may include but is not limited to the following: • Written form such as cartoons, e-mails, posters, drawings, or photographs. • Verbal conduct such as epithets, derogatory comments, slurs, or jokes. • Physical conduct such as assault, or blocking an individual’s movements. This policy applies to all employees including managers, supervisors, co-workers, and non-employees such as customers, clients, vendors, consultants, etc. Sexual Harassment Because sexual harassment raises issues that are to some extent unique in comparison to other types of harassment, the Company believes it warrants separate emphasis. The Company strongly opposes sexual harassment and inappropriate sexual conduct. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature, when: • Submission to such conduct is made explicitly or implicitly a term or condition of employment. • Submission to or rejection of such conduct is used as the basis for decisions affecting an individual’s employment. • Such conduct has the purpose or effect of substantially interfering with an individual’s work performance or creating an intimidating, hostile, or offensive work environment. All employees are expected to conduct themselves in a professional and businesslike manner at all times and to show respect for all individuals. Conduct which may violate this policy includes, but is not limited to, sexually implicit or explicit communications whether in: • Written form, such as cartoons, posters, calendars, notes, letters, e-mails. 2 Revised: J u l y 2016
• Verbal form, such as comments, jokes, foul or obscene language of a sexual nature, gossiping or questions about another’s sex life, or repeated unwanted requests for dates. • Physical gestures and other nonverbal behavior, such as unwelcome touching, grabbing, fondling, kissing, massaging, and brushing up against another’s body. Complaint Procedure If you believe have any information that anyone may have violated this EEO and Unlawful Harassment Policy, you must immediately report any suspected violation to your immediate supervisor, an Above Restaurant Leader, the Human Resources Department, or the RSC (regional support center). You may also use the Open Door Policy Hotline number (1-800-510-6860) to report any violations. Your complaint will be kept as confidential as practicable. Although you have several options for reporting any suspected violations of this policy, the Company strongly advises you to report any such suspected violations to Human Resources and urges you to put any such complaints in writing. If you do not believe that your supervisor or another management employee have appropriately responded to a complaint, you must contact Human Resources. The Company expects employees to make a timely complaint to enable the Company to investigate and correct any behavior that may be in violation of this policy. The Company cannot address issues if it is unaware of them. The Company prohibits retaliation against any employee for making a complaint under this policy or for assisting in a complaint investigation. If you perceive that you or anyone else is being retaliated against in any manner for making a complaint or participating in an investigation, you must follow the same complaint procedure outlined above and the situation will be investigated. If the Company determines that an employee’s behavior has violated this policy, disciplinary action will be taken, up to and including termination of employment. 3 Revised: J u l y 2016
Open Door Policy At some time or another, you may have a complaint, suggestion, or question about your job, your working conditions, treatment you are receiving, etc. Your suggestions for improving the Company’s operations are always welcome. Your complaints or questions are also of concern to the Company. For any issues that you are experiencing (if it is an issue regarding discrimination, harassment, or retaliation you can and should go directly to Human Resources) we ask that you take your concerns first to your Restaurant General Manager or Manager in Charge, following these steps: 1. Bring the situation to the attention of your Manager in Charge (MIC) or Restaurant General Manager who will investigate and provide a solution or explanation. 2. If the problem is not addressed in a reasonable period, you may put it in writing to your Area Coach or the Human Resources department. Please consider the Open Door Policy your right and responsibility. Your front line position makes your comments invaluable. If your immediate supervisor is in the best position to respond to you, please speak to him/her in person. But you always have the option to contact your Area Coach, Brand Director, or Human Resources. If you believe that your concerns have not been adequately addressed, please contact Human Resources regarding those concerns. Human Resource Hotline 1-800-510-6860 Peterson Burge Enterprises P.O. Box 4179 Kingman, AZ 86402 (928) 681-3344 . 4 Revised: J u l y 2016
Personnel Administration The task of handling personnel records and related personnel administration functions at the Company is managed by our Human Resources Department in conjunction with the individual restaurants. Questions regarding insurance, wages, and interpretation of policies may be directed to your Manager or Human Resources. Your Employment File Keeping your employment file up-to-date can be important to you with regard to pay, deductions, benefits, and other matters. If you have a change in any of the following items, please be sure to notify your Manager or Human Resources as soon as possible: 1. Legal name 2. Home address 3. Home telephone number 4. Person to call in case of emergency 5. Exemptions on your W-4 tax form 6. Driving record or status of driver’s license if you operate any Company vehicles or if you operate a personal vehicle for business purposes Coverage on benefits that you and your family may receive under the Company’s benefits package could be affected if the information in your personnel file is incorrect. Accordingly, if you maintain any benefits through the Company, you will also need to notify Human Resources of any changes to the following: 1. Number of dependents 2. Marital status 3. Change of beneficiary Notice of Rights Regarding Personnel Records With respect to a request by a current employee, the Company will generally make an employee’s personnel record available for review during its normal hours of operation at the Employee’s place of employment or another nearby location. The Company may make the personnel record available outside of the Employee’s normal business hours. The Company may require that a designated Company representative be present during the Employee’s review of his or her personnel record. After the review and upon the employee’s written request, the Company will provide the employee with a copy of records that were signed by the employee, or as otherwise required by law. Personnel records are Company property. Accordingly, the Company may deny a request to review a personnel record or a personnel file. Disputed Information If you dispute any specific information contained in your personnel record, you may ask the Company to remove or revise the disputed information. If the Company does not agree, you may submit a written statement, not to exceed five written pages, which specifically identifies the disputed information and explains your position. The Company will retain your statement along with the disputed information and will provide a copy of your statement to any person to whom it provides a copy of the disputed information. 5 Revised: J u l y 2016
Employment Classifications At the time you are hired, transferred, or promoted into a managerial, office, or restaurant position, you will be classified as either regular exempt, regular non-exempt, or temporary. This classification will determine whether you qualify for overtime pay. If you are unsure of your job classification, please ask your Manager or Human Resources. Regular, Non-Exempt and Exempt Employees Employees classified as “non-exempt” are eligible for paid overtime at one and one-half times their regular rate of pay for all hours worked in excess of 40 hours per workweek or as required by state law. Exempt employees are not eligible for overtime. Temporary Employees An employee who is hired in a job established for a temporary period or for a specific assignment. Hire Date The first day you report to work is your “official” hire or anniversary date. Your hire date is used to compute various conditions and benefits described in this Employee Handbook. Employment of Relatives The Company may employ relatives of current employees except in the following situations: • Relatives would be in a position to supervise another relative. • Relatives have access to payroll and personnel records of a relative. • Relative’s audit, verify, receive, or are entrusted with money handled by the other relative. In cases of marriage [or the formation of a civil union]i between two employees, if the above guidelines apply, one must transfer. These guidelines apply to all categories of employment, including full-time, part-time, and temporary classifications. They also apply to all relatives and individuals who are not legally related, but who reside with another employee. Exceptions for special circumstances will be made at the Company’s discretion. Dating in the Workplace Management realizes that while it is not necessarily in the best interests of the Company or the employees involved, romantic relationships may develop between co-workers. Employees must behave in a professional manner while working at the Company or while at Company functions, and avoid engaging in conduct that violates our EEO and Sexual Harassment policies. It is important to keep romantic relationships separate from the work environment. The Company prohibits romantic relationships between supervisors and their direct reports or where the relationship interferes with either employees’ work duties. Such situations can create an actual or potential conflict of interest. They may also lead to potential charges of sexual harassment or favoritism, or otherwise interfere with employee morale. It is for this reason that, should such a relationship occur, the supervisor involved must notify management or the Human Resources Department immediately. The Company will try to arrange a transfer. If no such transfer is available, one of the employees must terminate within 90 days. The decision as to which one resigns will be left to the two employees. 6 Revised: J u l y 2016
Work Schedule Attendance All Employees are expected to report to work as scheduled and to work their scheduled hours and any required overtime. If you will be absent from, or late to work, you must speak directly to your Manager a minimum of two hours in advance. Leaving a voicemail or sending a text message is not permitted. Employees are also responsible for making arrangements with their Manager to cover their scheduled shift. At its discretion, the Company may require written documentation of the reason for your absence. The Company will record absences and/or tardiness in your employment file and your attendance record may be considered when evaluating requests for promotions, transfers, leave of absences, or other employment actions. In addition, an unacceptable attendance record may result in disciplinary action up to and including separation of employment. If you fail to report to work and do not give your Manager advanced notice (i.e. “No Call, No Show”), your employment with the Company will be terminated. Exceptions for special circumstances may be made at the Company’s discretion. Work Rules for Minors 16 and 17-year old Employees Employees who are 16 and 17-years old may not work before 5:00 a.m. on a school day, after 11:00 p.m. on an evening before a school day, or during school hours. If a 16 or 17-year old provides a note signed by his or her parent or guardian, he or she may be permitted to work until 11:30 p.m. on the evening before a school day and beginning at 4:30 a.m. on a school day. § Employees under 18 years of age shall not be permitted to clean, handle, or operate any power driven equipment as indicated by OSHA. § Employees must be 19 years of age to serve alcoholic beverages and hold the role of bartender. § Employees under 18 years of age shall not be hired as delivery drivers and shall not drive for the Company under any circumstances. 7 Revised: J u l y 2016
Compensation & Performance Reviews Compensation Program The total compensation program we offer is based on a balance of our Company’s mission, individual expectations, and economic realities. In the administration of our plan, we consider an employee’s efforts to serve our customers, continually improve the quality of our performance, control costs, and enhance flexibility for change. We believe our base pay, comprehensive benefits, and incentive programs all contribute toward each employee’s complete compensation. In making decisions about compensation, we take into account our total compensation philosophy, the Company’s profitability, and group and individual performance. This is balanced with our desire to attract motivated, qualified employees to help us achieve our strategic goals. Performance Reviews Evaluating employee job performance and providing feedback is an important factor in making employment-related decisions. See your supervisor for information regarding our review process. Overtime Pay From time to time, it may be necessary for you to perform overtime work in order to complete a job on time. When it is necessary to work overtime we will try to provide as much advance notice as practical. Non-exempt employees will be paid 1½ times their regular hourly wage, or in accordance with state law, for any time worked over 40 hours, per brand work week. The established work week: • For Taco Bell and Fork in the Road, begins at 12:00 a.m. on Wednesday and ends at 11:59 p.m. on the following Tuesday. • For Pizza Hut, begins at 12:00 a.m. on Tuesday and ends at 11:59 p.m. on the following Monday. For purposes of calculating overtime payments, only hours actually worked are counted. On-Call and Waiting Time From time to time, certain employees may have their start time revised or be placed “on-call.” Employees will be paid only for the hours actually worked. When a start time is revised or an employee is “on-call,” he or she is not required to stay on site or at home. When placed “on call,” the employee needs to be accessible by cell phone or pager and able to report to the site within one hour. In the event an employee voluntarily elects to stay on site until their revised start time or during the time period that he or she is “on-call,” the employee may do so, but it is not required or expected by the Company. Any time an employee is placed “on-call,” regardless of whether the employee leaves the site or remains on site, the employee will not be compensated for any on-call time unless the employee is required to perform any duties for the Company. Wage Inquiries The Company is committed to paying employees for the full amount of time an employee performs work on its behalf. If an employee has questions about wages or payroll, they should report the matter to: • His or her Supervisor/Manager; or • His or her Above Restaurant Leader; or • The Human Resources Department. 8 Revised: J u l y 2016
Time Clocks - Employees at Restaurants To make sure you are properly paid, punch your time card “In” at the beginning of the shift and “Out” at the end of the shift. The work in your department is planned on the basis that everyone reports on time. Tardiness, of course, results in lost time for which you are not paid. All required training is compensable time. All computer-based training, i.e., Learning Zone, must be completed by you (not someone else on your behalf) only at the restaurant during scheduled shifts. You should also punch your time record showing “Out” and “In” for your lunch period. Employees must take a full 30-minute lunch period. Notify your supervisor immediately if you lunch is shorter than 30 minutes or if your lunch is interrupted by work. You should not punch another person’s time card or permit anyone else to punch yours. Do not falsify information on your time card. Such conduct will not be tolerated. Should you punch someone else’s time card by mistake, notify your supervisor immediately. Understand that punching in time for any employee other than you is grounds for suspension and/or termination. These records are the only ones used by the Company to calculate your pay. It is very important that they are accurate and complete. Employees are expected to submit accurate and complete time records reflecting all hours worked. If you also chose to keep your own personal time records, you must provide them to the Company if you find a discrepancy between the Company’s records and your records. Contact your supervisor with any questions about how your pay is calculated. Promptly notify your supervisor if you notice any mistakes in your time records or your pay. Also notify your supervisor if you perceive that anyone is interfering with your ability to record your time accurately and completely. All reports will be investigated and appropriate corrective action will be taken. The Company will not tolerate retaliation against employees for making a report or participating in an investigation. Time Reporting – Restaurant Support Center Nonexempt employees are required to complete a time card daily. At the conclusion of each pay period, employees must sign a PVR – payroll verification report. It is necessary for employees to indicate whether the recorded hours are for time worked, or for time off. Nonexempt employees must take a full 30-minute lunch non-paid period. Notify your supervisor immediately if you lunch is shorter than 30 minutes or if your lunch is interrupted by work. Exempt employees are required to report monthly to their department manager only time off from their regular work schedule. These records are the only ones used by the Company to calculate employee pay and paid time off balances. It is very important that they are accurate and complete. Nonexempt employees are expected to submit accurate and complete time records reflecting all hours worked. Employees who also chose to keep their own personal time records must provide them to the Company if they find a discrepancy between the Company’s records and their records. Employees should contact their supervisors with any questions about how their pay is calculated. Employees must promptly notify their supervisors of any mistakes in their time records or pay. Employees must notify their supervisors if they perceive that anyone is interfering with their ability to record their time accurately and completely. All reports will be investigated and appropriate corrective action will be taken. The Company will not tolerate retaliation against employees for making a report or participating in an investigation. Pay for Exempt Employees Exempt employees must be paid on a salary basis. This means exempt employees will regularly receive a predetermined amount of compensation each pay period on a bi -weekly basis. The Company is committed to complying with salary basis requirements that allow properly authorized deductions. If you believe an improper deduction has been made to your salary, you should immediately report this information to Human Resources. Reports of improper deductions will be promptly investigated. If it is determined that an improper deduction has occurred, you will reimbursed when the next out of cycle checks are paid out. 9 Revised: J u l y 2016
Code of Conduct High standards of ethical behavior and workplace conduct make good business sense. They serve as the cornerstone of the Company’s reputation. Our ability to attract customers and quality employees depends on this reputation. Your actions may enhance, maintain, or damage the standing that we have developed. Therefore, we expect you to exercise the highest standards of ethics in all of your decisions that may impact the Company. No workplace conduct statement can possibly cover every circumstance that may arise. Use good common sense. Ask yourself if you would like to read about your behavior in the newspaper or see a story about it on the nightly news. If there is any question about a course of action, it is your responsibility to get clarification from your supervisor. The following is a partial list of conduct that could result in disciplinary action up to and including termination. • Procedural violations involving safety, security, and cash handling • Procedural violations involving food safety. This includes failure to follow the hand washing and glove usage policy and/or failure to notify the Restaurant General Manager, Above Restaurant Leader, or Quality Assurance of any illness or injury that may prevent you from handling or serving food in a sanitary and healthy fashion • Willful or negligent destruction, defacing, or damaging the Company’s property • Violation of the Company’s policy regarding EEO and Unlawful Harassment • Refusal to perform assigned work • Falsifying Company documents, including but not limited to, time records, Form I-9 authorization documents, employment applications, Customer surveys, delivery time/order speed and inventory counts • Absenteeism, tardiness, or unavailability for work • Loitering in working areas inside the restaurant while off duty. • Unauthorized closing of any part of a restaurant (i.e., dining room, delivery operations, carry-out, or drive- through) during normal business hours • Distributing or posting literature or soliciting coworkers or customers during working time or in sales areas • • Trading food product or beverage (i.e. trading pizza for free gas, etc.) These grounds for discipline or separation of employment are not all-inclusive; however, they are provided to give employees guidelines regarding what conduct the Company views as inappropriate. As always, if you have questions regarding what conduct is appropriate, we encourage you to talk with your Supervisor. Ethics and Integrity Policy The Company holds to ethical practices and cares about how results are achieved. It is expected that each employee will conduct Company business with integrity and comply with all applicable laws and policies in a manner that excludes considerations of personal advantage or gain. In performing your job, keep in mind that: • Unethical and/or dishonest behavior is prohibited and may result in disciplinary action up to and including separation of employment. • If the Company determines that results were obtained by unethical means, i.e., falsification or misrepresentation, the Company may suspend, cancel, or withhold a bonus payout if applicable. If any funds are owed to the Company then the Company may seek restitution to collect such funds owed. • It is the responsibility of each employee to report to the next level of management any unethical business behavior, dishonestly, or falsification. Every employee has the responsibility to ask questions, seek guidance, and report suspected violations and express concerns regarding compliance with this policy. Retaliation against employees who use these reporting mechanisms to raise genuine concerns will not be tolerated. 10 Revised: July 2016
Sales of Alcohol and Tobacco It is illegal to sell alcohol, tobacco, or any other age-restricted products to customers who are underage. In locations that sell age-restricted products, the Company requires sales personnel to ask for valid identification from any customer to verify age before selling such items. Forms of identification accepted by state and federal laws are: 1. A valid state-issued driver’s license with a photo. 2. A valid state-issued ID with a photo. 3. A valid federal-issued Military ID with a photo. 4. A valid Passport with a photo. 5. A valid Immigration Card with a photo. Examples of age-restricted items and the legal age to purchase them are: 1. Alcohol products and non-alcoholic wine and beer cannot be purchased by anyone under the age of 21. You must request a valid ID and verify their age before making the sale. Violations Any violation will lead to separation of employment, a penalty/fine, and possible police arrest for all employees involved. Any penalties or fines charged to the restaurant will be directly charged to the restaurant’s P&L. Any penalties or fines charged to the Employee will be the sole responsibility of the Employee. Confidential Information As an employee of the Company, you may have access to proprietary, sensitive, or confidential information. It is in our mutual interest to protect the Company’s confidential information. Therefore, you must maintain in strict confidence all of the Company’s trade secrets, customer names, and information, financial information, business plans, methods of operation and techniques, product specifications, product costs, pricing information, or any other similar information that is designated confidential by the Company. Disclosure of confidential information might seriously damage the Company’s or clients competitive position and therefore such action will not be tolerated. This non-disclosure prohibition applies both during and after an employee’s employment. Any copying, reproducing, or distributing of confidential information in any manner must be authorized by management. Confidential information remains the property of the employer and must be returned to the Company upon separation or at any time upon demand. In addition, employees are prohibited from purchasing or selling securities based on information not generally available to the public. Conflicts of Interest In making business decisions, all employees must exercise independent judgment for the best interest of the Company. Personal or outside interests or relationships must not influence employees in the performance of their jobs to the detriment of the Company. Employees must not engage in any activities or relationships, including personal investments, which might directly or indirectly result in a conflict of interest, or impair their independence of judgment at work. They must not accept gifts, favors, or benefits that might tend in any way to influence them in the performance of their job duties. If employees have any question whether a situation is a conflict of interest, discuss the matter with your manager. If there is disagreement, refer the matter to the President for a final determination. 11 Revised: July 2016
Outside Employment If you are employed by the Company in an AGM, RGM, ARL or Office position, the Company will expect that your position here is your primary employment. Any outside activity must not interfere with your ability to properly perform your job duties at the Company. Second jobs, and in particular, employment with competitors is considered a conflict of interest. If you are considering a second job or business venture or are currently involved in such activity, notify your Manager or Human Resources immediately for approval. Employee Problem Procedure If you have a work-related problem or concern, you are encouraged to use the following procedure. If you have a problem, normally it should be discussed immediately with your supervisor, if it is appropriate. 1. If you and your supervisor were not able to resolve the issue, request an opportunity to discuss the matter with the department manager and a representative of the Human Resources Department. This normally should be done within ten working days. Usually, the problem is satisfactorily resolved at the department level. 2. However, if the problem is not resolved to your satisfaction at this level, you may appeal the matter within ten working days to the ARL in charge of your division. Such an appeal should be presented in writing stating the nature of the problem. If you still do not feel the problem has been resolved, you may make a written appeal within ten working days to the President of the Company. The President’s decision, or the decision of the President’s designee, on behalf of the Company is final. Discipline and Discharge An employee’s conduct is a major factor affecting the health and growth of the Company. It is also an important aspect of the Company’s image within the community. When management finds an employee’s performance is unsatisfactory or an employee’s conduct is unacceptable, disciplinary action may be taken. The discipline may range from informal discussion with the employee to immediate discharge, depending on the Company’s opinion of the seriousness of the situation. Any action taken by management in an individual case should not be assumed to establish a precedent in other circumstances. Dress Code/Personal Appearance/Uniform Standards Please understand that you are expected to dress and groom yourself in a manner that is appropriate to your position, particularly if your job involves dealing with customers or visitors in person. All Employees must be clean, well- groomed and concerned with good personal hygiene. The personal appearance of each Employee affects the total appearance of our company and the image we project to our customers. To create a favorable impression, one must be well groomed at all times. Body odor, bad breath, cigarette smoke, and excessive use of perfume or cologne are offensive to co-workers and to the public. Please take the necessary precautions with regular bathing, unscented deodorants, and good dental hygiene. Tattoos Every attempt must be made to cover all tattoos. Visible tattoos may not be overtly, patently offensive and should not include references to profanity, gang association, racial, or sexual content. If an Employee has a tattoo that is in conflict with this policy as a result of sincerely held religious beliefs, they should notify Human Resources. 12 Revised: July 2016
Cell phones and pagers Non-company issued pagers and cell phones must be out of view with the sound turned off. Personal use of non- Company pagers and/or cell phones including text messaging, are only to be used during authorized breaks or meal periods. Personal calls/texts are not permitted unless it is a bona fide emergency. Office Employees Employees working in the office may wear casual business attire unless attending a meeting that requires more formal business attire such as a suit. Above Restaurant Leaders and Restaurant General Managers Above Restaurant Leaders and Restaurant General Managers must wear professional dress or management uniform attire. Professional dress includes neatly pressed pants, skirts, shirts, or blouses. Slip resistant and closed toe shoes should be worn at all times. Restaurant Employees Uniforms, grooming, and general appearance standards will be consistent with those found in the brand specific operations manual found at the back of this handbook. Drugs and Alcohol To ensure a safe and productive work environment the Company prohibits the use, sale, manufacture, distribution, or possession of alcohol (except as part of business operations), drugs, controlled substances, medical marijuana, or drug paraphernalia on any Company premises or work sites. This prohibition includes Company-owned vehicles, or personal vehicles being used for Company business or parked on Company property. Additionally, Peterson Burge Enterprises may take disciplinary action, including discharge, for the illegal off-duty use, sale, manufacture, distribution, or possession of drugs and controlled substances and the illegal use or distribution of alcohol. No employee shall report to work or be at work with alcohol or with any detectable amount of prohibited drugs in the employee’s system. A detectable amount refers to the standards generally used in workplace drug and alcohol testing. Additionally, in states where medical marijuana is permitted, a medical marijuana registry identification cardholder may not work while impaired by medical marijuana. When an employee must take prescription or over-the counter drugs, the employee must ask the medical professional or pharmacist if the drug has any side effects that may impair the employee’s ability to safely or productively perform the employee’s job duties. If there is potential impairment of the employee’s ability to work safely or productively, the employee must report this information to the supervisor. With input from the employee, the Company will determine if the employee should work in his regular job, be temporarily assigned to another job, or be placed off work. Testing is an important element in the Company's efforts to ensure a safe and productive work environment. The Company undertakes testing in the following situations and under the following conditions: • Reasonable Suspicion Testing The Company may require employees to submit to a drug and/or alcohol test to determine the presence of alcohol or drugs, or the improper use of prescription drugs, where the Company has reason to suspect that an employee may be under the influence of and/or impaired by alcohol or drugs. Reasonable suspicion could be established by, for example, an employee’s error that may have been the cause of an accident, injury or property damage while on Company time, and/or based upon current, specific observations of an employee’s behavior, bodily odors, appearance, speech or actions. • Post-Incident Testing The Company may require drug and/or alcohol testing for any employee who suffers a job-related injury that necessitates a call to the Company’s medical services provider. 13 Revised: July 2016
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