Employee Policy Manual PDF

Employee Policy Manual 828 FORT STREET MALL SUITE 130 HONOLULU, HI 96813 PHONE: 808.566.3200 FAX: 808.566.3215 A. EMPLOYEE HANDBOOK OUR VALUES.............................................................................................................................. I. ABOUT OUR COMPANY.................................................................................................. II. EMPLOYMENT PRACTICES............................................................................................ A. EQUAL EMPLOYMENT OPPORTUNITY.............................................................. B. ETHICS POLICY................................................................................................... C. CONFLICT OF INTEREST.................................................................................... D. OUTSIDE EMPLOYMENT..................................................................................... E. EMPLOYMENT STATUS AND CLASSIFICATIONS.............................................. F. TERMINATION...................................................................................................... III. COMPENSATION............................................................................................................. A. POLICY ON PAY................................................................................................... B. PERFORMANCE REVIEWS................................................................................. C. PAY DAY.............................................................................................................. D. TIME CARDS/SHEETS......................................................................................... E. OVERTIME PAY................................................................................................... F. DEDUCTIONS....................................................................................................... G. TIP REPORTING………………………………………………………………………… H. DIRECT DEPOSIT……………………………………………………………………….. I. TAX TREATMENT OF PRIZES AND AWARDS……………………………………… IV. EMPLOYEE BENEFITS.................................................................................................... A. BENEFITS SUMMARY.......................................................................................... B. BENEFITS DISCLAIMER...................................................................................... C. VACATION............................................................................................................ D. CREDIT UNION.................................................................................................... E. MEAL POLICY..................................................................................................... F. EMPLOYEE DISCOUNT CARD............................................................................ G. 401(K) EMPLOYEE INVESTMENT PLAN............................................................ H. LEAVES OF ABSENCE........................................................................................ I. MATERNITY LEAVE............................................................................................. J. MILITARY DUTY................................................................................................... K. LEAVE FOR VICTIMS OF DOMESTIC OR SEXUAL VIOLENCE......................... L. DISABILITY........................................................................................................... M. GROUP HEALTH INSURANCE............................................................................ N. FAMILY AND MEDICAL LEAVE............................................................................ V. COMMUNICATIONS......................................................................................................... A. OPEN DOOR POLICY.......................................................................................... B. CHANGE OF ADDRESS, TELEPHONE NUMBER, ETC...................................... C. COMPANY COMMUNICATIONS.......................................................................... VI. COMPANY REGULATIONS............................................................................................. A. CONFIDENTIALITY POLICY................................................................................. B. SECURITY............................................................................................................ C. RULES OF CONDUCT.......................................................................................... D. MONEY HANDLING E. DISCIPLINARY/CORRECTIVE ACTION............................................................... F. NO SOLICITATION/NO DISTRIBUTION POLICY................................................. G. PRODUCTIVE WORK ENVIRONMENT................................................................ H. HEALTH AND SAFETY......................................................................................... I. DISEASE CONTROL & ILLNESS.......................................................................... J. SUBSTANCE ABUSE POLICY……………………………………………. K. PERSONAL MAIL, USE OF TELEPHONES/USE OF COMPUTER RESOURCES POLICY................................................................................................................. L. SOCIAL MEDIA POLICY....................................................................................... M. PUBLIC ACCOMODATIONS................................................................................ N. DISCLAIMER....................................................................................................... O. ACKNOWLEDGEMENT FORM............................................................................. APPENDIX A: HAWAII PIZZA HUT, INC. POLICIES UNIFORM AND GROOMING POLICY DELIVERY DRIVER POLICIES APPENDIX B: TACO ALOHA, INC. POLICIES UNIFORM AND GROOMING POLICY OUR VALUES Our Values are at the heart of our culture. They help to form our culture and help us understand how we should be working with each other. They help us to understand what is expected of us, while at work. I. ABOUT OUR COMPANY TD Food Group, Inc. is the parent company of Hawaii Pizza Hut, Inc., Taco Aloha, Inc., Pizza Hut of Guam, Inc., TB Guam, Inc. and Pizza Hut of Saipan, Inc. (together referred to as the Company). The Company currently owns and operates Pizza Hut and Taco Bell restaurants in Hawaii, Guam and Saipan. COMPANY HISTORY Theo H. Davies & Co. Ltd. (TheoDavies) was one of the original “Big Five” – Largest established business houses in Hawaii that played a vital role in the commercial history of Hawaii and the Pacific. TheoDavies acquired Pizza Hut Hawaii and Guam in 1984, Taco Bell Hawaii in 1985 and Taco Bell Guam in 2006. In 2004, Brentwood Associates, a Los Angeles-based private equity firm, acquired the company (formally known as TheoDavies Food Service Group) from TheoDavies, and the company name changed to TD Food Group, Inc. In December 2012, Nimes Capital, the private investment arm of Nazarian Enterprises, purchased TD Food Group, Inc. In March 2017, Restaurant Brands New Zealand Limited (RBD) completed its acquisition of TD Food Group, Inc. which currently operates 35 Pizza Hut and 38 Taco Bell restaurants in Hawaii, Guam and Saipan. In April 2019, Finaccess Capital, S.A. de C.V. through its subsidiary Global Valar S.L. completed a successful takeover for 75% of RBD’s issued shares. RBD remains listed on the NZX and ASX for 25% of its current shares on issue. As of December 2022, Restaurant Brands has 376 stores: 109 KFC New Zealand, 72 KFC Australia, 75 KFC California (including 11 multi-brand KFC-Taco Bell stores), 39 Taco Bell Hawaii, 11 Taco Bell Australia, 13 Taco Bell New Zealand, 6 Pizza Hut New Zealand, 36 Pizza Hut Hawaii and 15 Carl’s Jr. New Zealand. It employs over 11,400 staff across New Zealand, Australia, California and Hawaii and serves hundreds of thousands of customers worldwide every day. II. EMPLOYMENT PRACTICES A. EQUAL EMPLOYMENT OPPORTUNITY The Company seeks to employ the best qualified individuals and to provide them with opportunity for advancement in a manner which does not discriminate because of race, color, religion, sex including gender identity and expression, age, national origin, ancestry, marital status, arrest and court record, genetic information, disability, sexual orientation, citizenship, credit history, military service, victim of domestic or sexual abuse status, reproductive health decisions, or other grounds protected under applicable state and federal laws, regulations, and/or executive order. Harassment of any employee, customer, vendor, or the public because of any protected status is also prohibited. Any incident of discrimination or harassment must be immediately reported, in confidence, to your manager or Human Resources. Every effort will be made to promptly investigate all allegations of discrimination and/or harassment in as confidential a manner as possible and to take appropriate corrective action if warranted that is reasonably calculated to end any prohibited discrimination or harassment. Any employee who is determined, after an investigation, to have engaged in discrimination and/or harassment in violation of this policy will be subject to disciplinary action, up to and including immediate termination. We also will provide reasonable accommodation to qualified individuals with disabilities so that they may seek employment, perform essential job functions, and participate in and/or enjoy any employment practice, term, condition, or benefit of employment. Please contact Human Resources if you require or have any questions regarding reasonable accommodation for a disability. We also provide reasonable accommodation for employees (1) disabled due to pregnancy, childbirth, or related medical conditions; (2) for religious practice; and (3) for victims of domestic or sexual abuse. Nonexempt new mothers nursing their infants will be provided reasonable break time and a private space, if possible, to express breast milk for their nursing children for one year after birth each time such employees have need to express the milk. This policy does not create any contractual promise but instead is a description of the standards of behavior expected of all employees. 1. DISCRIMINATION Decisions regarding employment should be based on legitimate, non-discriminatory business reasons. This includes decisions regarding recruitment, hiring, placement, training, promotion, compensation, benefits, transfers, layoffs, discipline, termination, and other terms and conditions of employment. It is a violation of this policy to base employment actions, or the terms and conditions of employment, on an individual’s race, color, religion, sex including gender identity and expression, age, national origin, ancestry, marital status, arrest and court record, genetic information, disability, sexual orientation, citizenship, credit history, military service, victim of domestic or sexual abuse status, reproductive health decisions, or other grounds protected under applicable state and federal laws, regulations, and/or executive order. 2. HARASSMENT The Company does not tolerate harassment of any of our employees, customers, vendors or suppliers from any source. Any form of harassment which violates federal, state or local law, including but not limited to harassment related to an individual’s race, color, religion, sex including gender identity and expression, age, national origin, ancestry, marital status, arrest and court record, genetic information, disability, sexual orientation, citizenship, credit history, military service, victim of domestic or sexual abuse status, reproductive health decisions, or other grounds protected under applicable state and federal laws, regulations, and/or executive order, is a violation of this policy. It is unlawful to subject employees to intimidation or harassment (e.g., physical or verbal abuse, commentary or epithets, offensive comments, degrading words, threats, non-verbal conduct such as display of inappropriate pictures or gestures, etc.) based on their protected classifications as outlined above. Harassment as defined in this policy undermines the dignity of the workplace, and is a form of misconduct that is prohibited and will not be tolerated. Harassment is prohibited not only at our workplace, but also anywhere the Company conducts business and at Company-sponsored social events. Harassment is also prohibited outside the workplace, after work hours or on social media or other communications when the impact of such behavior affects employees or customers. Harassment can occur between fellow employees, as well as between managers and subordinates. Harassment can also occur between employees and third-parties, such as vendors, suppliers, and customers. The victim of harassment does not have to be the person the harassing conduct is directed toward; the victim may be another person offended by the observed harassment. a) Sexual Harassment The Company prohibits harassment based on sex, including gender identity or expression, or sexual orientation of any employee, manager, customer, or member of the general public at the workplace, including sexual harassment by non-employees. This means that not only are non-employees prohibited from sexually harassing employees but also employees are prohibited from sexually harassing customers and the general public. Our policy prohibits any offensive conduct before it constitutes unlawful sexual harassment. This means that no manager or employee shall threaten or imply, either directly or indirectly, that another employee’s or applicant’s refusal to submit to sexual advances will adversely affect that person’s employment, performance evaluation, pay, promotion, duties, shifts, or any other conditions of employment. Similarly, no manager or employee shall promise, imply or grant any preferential treatment in connection with another employee or applicant engaging in sexual conduct or consenting to or covering up harassment. Sexual harassment under our policy may include sexual advances, requests for sexual favors, and any other verbal, visual or physical conduct of a sexual nature involving either members of the opposite sex or the same sex. Sexual harassment also may include sexual flirtations or propositions, verbal abuse of a sexual nature, subtle pressure or requests for sexual activities, unnecessary touching of an individual, graphic or verbal commentaries about an individual’s body, sexually degrading words used to describe an individual, a display of sexually suggestive objects or pictures in the work place, sexually explicit or offensive jokes, or physical assault. Examples of prohibited sexual harassment include but are not limited to, slurs, epithets, threats, teasing, dirty or offensive sexual jokes, stalking, sexual bullying, derogatory comments and sexual bragging; and non-verbal conduct of a sexual nature by an employee, manager or other person, including but not limited to leering, obscene gesturing, suggestive or insulting sounds, sending, circulating or displaying materials of a sexual nature including but not limited to pornographic or suggestive posters, pictures, cartoons, objects or offensive letters, poems or email or text messages or communications or comments on Facebook or other digital social networking; verbal or physical conduct of a sexual nature by any employee, manager or other person including sexual advances, requests for sexual favors, or other conduct such as uninvited touching and sexually related comments. b) Other Forms of Harassment The Company also prohibits any employee from harassing another on the basis of race, color, religion, age, national origin, ancestry, marital status, arrest and court record, genetic information, disability, sexual orientation, citizenship, credit history, military service, victim of domestic or sexual abuse status, reproductive health decisions, or other grounds protected under applicable state and federal laws, regulations, and/or executive order. We prohibit slurs, jokes, or similar-type epithets based upon any of the above-listed protected categories made to any employee, vendor, customer or member of the public by any employee or non-employee in the workplace. Examples of prohibited conduct include:  Directly or indirectly conditioning terms and conditions of employment upon an individual’s participation or acquiescence in conduct related to a protected category (e.g., requesting or suggesting that an employee attend church in exchange for job benefits); jokes or innuendoes about an individual’s protected category (e.g., jokes about racial stereotypes, references to ethnic food, speaking in accents);  Discussion about a protected category (e.g., religious evangelism in the workplace); or,  Slurs or similar-type comments or remarks about an individual’s protected category (i.e., racial slurs). 3. COMPLAINT PROCEDURE FOR DISCRIMINATION AND HARASSMENT It is the responsibility of each manager to create an atmosphere free of discrimination and harassment. Managers should report employee complaints of harassment they have learned of to Human Resources. If you are, or feel that you may be, the target of discrimination or harassment or have observed conduct that you believe violates this policy or which you believe, if left unchecked may rise to the level of prohibited discrimination or harassment, you must immediately report the incident(s) or concern(s) to your manager or Human Resources. Although we require everyone to report all incidents of discrimination and harassment, we will not tolerate maliciously false complaints. Employees who file maliciously false complaints of discrimination or harassment may be subject to discipline up to and including unpaid suspension and/or immediate termination. 4. PROHIBITION AGAINST RETALIATION We expressly prohibit any form of retaliation against any employee or individual who has complained of discrimination or harassment, cooperated with the investigation of a complaint, or acted as a witness during the investigation of a complaint. Reports of any retaliation should be made to your manager or Human Resources. Any individual who engages in such retaliation in violation of this policy shall be subject to appropriate disciplinary action, up to and including immediate termination. 5. INVESTIGATION PROCEDURES It is our policy to investigate each report of discrimination or harassment in a prompt, thorough, fair, discreet, and impartial manner. The Company will keep the identity of individuals who report discrimination or harassment, alleged victims, witnesses, and alleged harassers, and other information obtained during an investigation confidential to the extent possible and permitted by law, consistent with a thorough and impartial investigation. Reporting employees and those interviewed during any Company investigation are required to maintain confidentiality throughout the duration of the investigation. This includes keeping confidential the identity of the individuals who report discrimination or harassment, alleged victims, witnesses, and alleged harassers, as well as any other information relating to the investigation – throughout the duration of any Company investigation. Protecting those involved in the complaint and the investigation process from retaliation is important to us. Any employee who feels they are a target of discrimination or harassment is always free to communicate informally, if so desired, with Human Resources for further advice. Any questions concerning this policy should be directed to Human Resources. B. ETHICS POLICY The Company adheres to the highest standards of ethics, responsibility and accountability. If you have any concerns about the business ethics of the Company and its employees, we encourage you to bring them to management’s attention without fear of retaliation. To ensure this goal, employees will not be subject to any discrimination, adverse action of any kind, threats, or retaliation because an employee or a person acting on behalf of an employee (1) reports or is about to report to the Company or a public body, verbally or in writing, a violation or suspected violation of a state or federal law, rule, ordinance, or regulation, or a contract executed by the state, a political subdivision of the state, or the United States, unless the employee knows that the report is false; or (2) is requested to participate in an investigation or hearing by a public body, including a court. The Company maintains a reputation of the highest standards of lawfulness, responsibility, and accountability. All employees shall at all times comply with all laws and the highest standards of business ethics and conduct in the performance of their job duties; avoid situations which might involve a business conflict with the Company’s business, or an appearance of a conflict, between their personal financial interests and the business interests of the Company; and protect confidential and proprietary trade information held by the Company or entrusted to it. See Confidentiality Policy. This policy does not apply where the disclosure of confidential trade information is protected by an employee’s constitutional, statutory, or other protected rights. According to the federal Defend Trade Secrets Act of 2016, an employee, contractor or consultant will not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that (A) is made (i) in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. An employee, contractor or consultant who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual (A) files any document containing the trade secret under seal; and (B) does not disclose the trade secret, except pursuant to court order. Nothing in this policy authorizes or limits liability for an act otherwise prohibited by law, such as the unlawful access of material by unauthorized means, as defined in the Act. This Policy complements and should be read in conjunction with the following Group policy:  Group Ethical Conduct Policy (RBD Group Policies online in Plate) C. CONFLICT OF INTEREST You are not allowed to have any conflict of interest, as defined below that will interfere with your job performance. A conflict of interest is any business or other personal commercial relationship with another entity or individual, which, in the Company’s judgment, would result in questionable business or professional ethics, or a compromise in your loyalty to the Company. Generally, no employee may directly or indirectly maintain or engage in any outside business and/or financial interests that conflict with the interests of the Company. Employees are banned from activities or investments that compete with the Company, interfere with their judgment concerning the Company’s best interests, or exploit their position with the Company for personal gain. Any questions regarding a conflict of interest that may or may not exist should be directed to your general manager or the Human Resources Department. Every employee may be requested, from time to time, to disclose to the Company any and all relationships of a personal nature with any company or person doing business or soliciting business from the Company. The following rule is aimed at preventing personal business or other commercial conflicts of interest: employees and members of their immediate family may not solicit or accept from an outside company which does business with or seeks to do business with the Company, any compensation, gift or discount of more than $25. This Policy complements and should be read in conjunction with the following Group policy:  Conflict of Interest Policy (RBD Group Policies online in Plate) D. OUTSIDE EMPLOYMENT It is the employee’s responsibility to tell their manager about any outside employment. Before accepting outside employment, you must fully disclose your plans and obtain written approval from your manager. Outside employment already held at the time hired must also be fully disclosed and authorized by your manager. The Company has no desire to interfere with your outside business or other commercial interests as long as those interests do not interfere with putting forth your best efforts in your job or create competitive/ethical problems for the Company. If outside employment is approved, you may not work elsewhere while on paid or unpaid sick leave. E. EMPLOYMENT STATUS AND CLASSIFICATIONS 1. Introductory Period The first three months of your employment provide you and the Company with the opportunity to learn more about each other and to evaluate whether the job for which you were hired is suitable to your skills, personality, and career goals. The Company may extend your introductory period for any reason. If you successfully complete this period, you may be given regular status depending on your skills and availability, as well as the Company’s needs. However, whether or not your employment continues after the introductory period, YOUR EMPLOYMENT WITH THE COMPANY IS AT-WILL; THAT IS, YOU RETAIN THE RIGHT TO TERMINATE YOUR EMPLOYMENT WITH THE COMPANY, WITHOUT PRIOR NOTICE OR REASON, AND THE COMPANY RETAINS THE RIGHT TO TERMINATE YOUR EMPLOYMENT AT ANY TIME, WITHOUT PRIOR NOTICE OR REASON. Employees may not be concurrently employed by two or more TD Food Group, Inc. companies or subsidiaries. Applicants under the age of 16 years old cannot be employed by our Company. Restrictions imposed by the Department of Labor on job duties and hours of work would severely affect business operations. Applicants who are 16 and 17 years old may be employed and must follow guidelines set by state and federal laws. The Immigration Reform & Control Act of 1986 requires that employers verify the employment eligibility of all new employees upon hire and current employees hired after November 6, 1986. Employees must accurately complete Section 1 of the employment eligibility verification (Form I-9) and present original documents, which verify identification and eligibility to work in the United States to the restaurant manager. The manager conducting the orientation will then complete Section 2 of the form. Each manager has available a list of acceptable documents and can provide instructions on completing the form. All restaurant employees must obtain a Tuberculosis Clearance Certificate before they are permitted to work. Upon acceptance of a job offer, an applicant must pass a background check, which may include a criminal conviction check, reference check and drug test. Once hired, if an employee is convicted of a crime, he/she is required to notify Management and/or the Human Resources Department of his/her conviction. Failure to do so may result in termination. While the Company permits employment of more than one member of the same family, it does restrict the supervisory relationship of relatives in order to prevent conflicts of interest. Employees are not permitted to work in a position where a manager is a relative. It is the discretion of management to determine whether a close personal relationship between employees (related or not) would constitute a conflict of interest. 2. Eligibility for Benefits Only regular full and part-time employees are eligible for benefits. If you are hired for a temporary period, regardless of the hours worked per week, you are considered a temporary employee and are not eligible for any Company benefits other than as required by law. If you are placed on our “on call” list, you will be considered a temporary employee when and if you are actually called for work and only for the duration of your employment. 3. Overtime Employees are classified as either exempt or nonexempt employees. “Exempt employees” are salaried executive, professional, and administrative employees who are exempt from earning overtime pay. Outside salespersons and some computer professionals may also be exempt. “Nonexempt employees” are those hourly and salaried employees who are required by law to complete time records and who are eligible to earn overtime pay. 4. Work Schedule and Attendance Work schedules, lunch and breaks are determined based on business needs. Our workweek is defined as starting at 12:00 a.m. Wednesday, and ending at 11:59 p.m. the following Tuesday. Each hourly employee shall begin work promptly and shall stop work promptly as scheduled. All hours of employment are subject to change. If you are unable to start work at your scheduled time, please notify your manager as soon as possible. If you are unable to reach your manager, contact another member of management. Do not leave messages with fellow employees. If you are unable to personally contact your manager, have a family member or friend call your manager for you. Schedule Requests Requests for specific work days and times and days off must be made in writing to the manager at least one week before the schedule is posted. Approval of schedule requests will depend on adequate staffing. Break Policy 1. If you work 5 or less hours, you may be given one paid 10 minute break sometime during your shift and if you work over 5 hours you may be given a thirty-minute unpaid break. 2. Breaks must be approved by the Manager in Charge. 3. You must “clock out” and “clock in” for your half hour breaks. 4. All breaks will be taken in the designated employee break area. F. TERMINATION EMPLOYMENT AT THE COMPANY IS COMPLETELY VOLUNTARY AND AT-WILL. THIS MEANS EITHER YOU OR THE COMPANY MAY END EMPLOYMENT AT ANY TIME WITH OR WITHOUT NOTICE OR REASON. If your employment is terminated by the Company, you will be paid your wages due in full at the time of discharge but not later than the next working day following discharge. If you want to object to your termination, an appeal may be made to Human Resources. If you decide to resign, please give two weeks’ notice so we can find a replacement. This advance notice gives the Company time to prepare your pay check and for you to return any Company property issued to you. Employees who quit or resign without giving at least one pay period notice of intention to quit will be paid wages due in full not later than the next regular payday. Before receiving your final paycheck, you must turn in all property belonging to the Company or you may have the value of such property deducted from your final pay. III. COMPENSATION A. POLICY ON PAY It is the Company’s policy to pay employees in accordance with their skill, performance, and experience in the labor market. All questions regarding your pay should be directed first to your manager, and then to the area coach. B. PERFORMANCE REVIEWS Your job performance is subject to periodic review, with additional performance appraisals conducted as needed. You may receive a performance review at the end of your introductory period. When you receive a performance review, you should take the opportunity to discuss your performance with your manager. If asked, you should sign the performance review to show it was shared with you. C. PAY DAY Pay checks are distributed every other week. If you are employed for the entire year, you will receive twenty-six (26) paychecks. D. TIME CARDS/SHEETS Nonexempt personnel must record daily hours worked. You and your manager must sign your time card or time sheet at the end of each pay period. You must record only your own time and may not record time for another employee. Corrections may only be made or initiated by your manager. All hours required by the company will be paid. These may include rap sessions, meetings, training, etc., and may also include hours worked at special events on or off company premises. E. OVERTIME PAY Time and one-half is paid to nonexempt employees for actual hours worked over 40 hours in a standard work week. Pay for hours not actually worked, such as vacation, holiday, sick leave, etc., will not be included in determining whether you have actually worked over 40 hours. Overtime must be authorized by your manager prior to being worked. If you work in excess of 40 hours during a week in which a holiday occurs and you did not work on that holiday, you will receive time and one-half only when you have actually worked over 40 hours during that work week. Hours not worked on a holiday but for which an employee is paid are omitted in computing overtime. F. DEDUCTIONS Deductions are made from your gross earnings each pay period for federal and state income taxes and social security taxes. In addition, the Company may make deductions for group health insurance as you may direct, in writing, on a form provided by the Company. All other deductions from your pay check, except for court-ordered garnishments, must be authorized in writing by you and approved by the Company. G. TIP REPORTING Tipped employees must report all tips received when clocking out, and must keep a written record of their tips. The Company will withhold taxes on reported tips. Unreported tips, if any, will be shown on the employees' W- 2 at the end of the year, based on the IRS allocation formula. H. DIRECT DEPOSIT Employees have the option to receive their pay by Direct Deposit to their bank account or Wisely Pay Card by ADP. After successful completion of the “Authorization For Direct Deposit” form, the direct deposit will be effective the next payday. Forms can be accessed and submitted online via PLATE. I. TAX TREATMENT OF AWARDS AND PRIZES The exclusion from taxes for prizes and awards is based on the fact that the value of some property or services provided by an employer to an employee is so small as to make accounting for it unreasonable or administratively impractical. The value of such prizes and awards are generally not includable in an employee’s taxable income. The determination of whether an item is considered taxable is based on the facts and circumstances of each case. Frequency may be the key to determining if a benefit is excludable or not: The following are company guidelines on the tax treatment of prizes and awards: 1. Cash Prizes Cash prizes are considered compensation and are included in taxable income. 2. Company Gift Cards Company gift cards with a value greater than $50.00 may be included in taxable income. The value is determined by the cost to the company at the time of distribution. 3. Gift Certificates* Gift certificates with a value greater than $50.00 may be included in taxable income. 4. Tangible Gifts* Tangible gifts with a value greater than $500.00 may be included in taxable income. Examples of tangible gifts are airline tickets, hotel accommodations, electronics, etc. *Donated Gifts: Donated gift certificates or tangible gifts from vendors have no assigned value and are not taxable. *Traded Gifts: Gift certificates or tangible gifts that are received as a result of a trade may be included in taxable income depending on the value of the company gift cards traded. Taxable values are listed above. EMPLOYEE BENEFITS A. BENEFITS SUMMARY The Company is proud to offer you the benefits explained below. Think of Company benefits as an “invisible paycheck” that pays for, or contributes to, the following benefits: Benefits Eligibility Team Member Effective on the 1st of the month following 4 1.5 % single Medical consecutive weeks of 20 hours or more 1.5% + 100% 2-party/family COBRA Upon date of separation 102% paid by the employee 1 week > 1 yr Vacation After one (1) year of continuous service 2 wks > 5 yrs After a minimum of 14 weeks with 20 hours or Temporary Disability more per week and earned wages of $400 50% paid by employee up to.5% of Insurance during the 52 weeks preceding the 1st day of weekly wages disability Workers' Upon hire 100% paid by company Compensation Credit Union Upon hire Membership Minimum of 21 years of age, and have at least one year of service. One year of service is 10% company match of your 1st 5% 401(k) defined as 1,000 hrs worked during this 12- contribution month period Off-Duty Meals After two (2) months of service 25% off at PH and TB Up to $9.00 off per shift (TB) On-Duty Meals Upon hire Choose one of five set meal options per shift (PH) Leave of Absence Upon hire Up to 28 days w/ manager approval Family and Medical After one (1) year of service with 1,250 hours Up to 12 weeks Leave (FMLA) Military Family Leave After one (1) year of service with 1,250 hours Up to 26 weeks Military Qualifying After one (1) year of service with 1,250 hours Up to 12 weeks Exigency Leave Hawaii Family Leave After six (6) months of continuous service Up to 4 weeks (HFLL) Hawaii Victims Leave After six (6) months of continuous service Up to 30 days Act B. BENEFITS DISCLAIMER This section highlights the Company’s employee benefits program and provides you with brief summaries about these benefits. The summaries do not provide details, technical, or exhaustive explanations of the benefits available, and are not intended to be a contract. In case of conflict between the explanations of benefits in the handbook and the summary plan description (“SPD”), the SPD shall prevail. SPDs may be obtained from your Human Resources Manager. It is understood that the Company has the right to amend or terminate any of these benefit plans, in whole or in part, or to establish other plans in any way which seems advisable to the Company at its discretion, provided that any amendment will not prejudice any rights or benefits already vested. The Company also reserves the right, in individual cases where exceptional conditions exist, to modify the provisions herein governing the amount and application of the Company’s contributions. C. VACATION The Company provides paid vacation time because we believe that a period of time away from work is necessary after completing each year of work, to refresh our regular full-time and regular part-time employees emotionally and physically. Employees earn paid vacation time in accordance with the following schedule: 1 Full Year of Active Service: One Week; 5 or more Full Years of Active Service: Two Weeks The amount of vacation entitlement is calculated by dividing the number of hours worked in the 52 weeks prior to the anniversary by 52 and will be paid at the hourly rate in effect at the time the vacation is taken. Tipped employees will be paid at their hourly rate or the governmental minimum hourly rate, whichever is higher. Vacation scheduling will be based upon mutual agreement between the Company and the employee, giving consideration to the operating needs of the Company and the wishes of the employee. Vacations must be approved in advance by the General Manager. To request vacation, employees must present his/her pay stub from the latest pay period, showing the vacation entitlement. The days during an employee’s vacation that are company-recognized holidays shall not be considered days of vacation taken. There is no accumulation of vacation. Vacation that is not used prior to the employee’s next anniversary date will be lost. Vacation benefits are not earned pro-rata but only upon completion of each full anniversary year of continuous active service. Vacation pay is not granted in lieu of time off, and advance vacation is not permitted. Employees with at least one year of service will be paid for all earned vacation unless discharged related to violations of cash handling policies. D. CREDIT UNION Oahu employees are eligible to open an account with the Hawaii Central Federal Credit Union upon hire. Cost 1. There is a minimum opening balance fee of $25.00 to open a regular share savings account. 2. There is a minimum opening balance fee of $1.00 to open a share draft checking account. Procedure 1. An information and enrollment packet is available at the Credit Union office. 2. An employee wishing to join, must complete the applicable forms and submit them directly to Hawaii Central FCU. Limitations 1. This is a summary of selected information regarding share accounts and does not list complete information on Credit Union policies, procedures, rules and limitations. 2. Changes made to these procedures are at the Credit Union's discretion. For more thorough explanations, please contact the Credit Union at 808-536-3677. E. MEAL POLICY Food products will not be made by the employee who goes on break. All food products will be made by a team member or manager who is working. All food products are to be fabricated according to the menu portioning guideline. Extra portion(s) will be charged according to the extra portioning guidelines. One meal break per shift per employee. Consumption guidelines: 1. Drinks a. Fountain soft drinks i. No charge ii. Use of standardized cups iii. Drink will be given on authorized break only b. Other drinks i. Taco Bell 50% discount on Freezes, Orange Juice and Bottled Water. 50% discount on Coffee – includes one free refill ii. Pizza Hut Delco – 50% discount on 20 oz. bottles 2. Meals a. Pizza Hut i. Choose one of the three set meal options per shift. 1) Personal Pan Pizza (up to 2 Toppings or Supreme) + 20 oz drink (fountain @ dine- in locations or bottle @ delco locations) 2) Cheese Sticks or Garlic Cheese Sticks + 20 oz drink 3) 8 pc Bone-Out Wings – No drink b. Taco Bell i. Employees will receive up to $9.00 off regular menu prices per shift. ii. $9.00 discount does not apply to sales of gift cards and gift books. Miscellaneous 1. Meal policy applies only on working days. 2. Meals must be eaten at the restaurant. Food may not be taken out at any time. 3. All meals must be reported to the Manager in Charge. 4. Consumption of “mistake” items is not authorized. 5. This meal policy allowance will only be in effect at the time of the authorized break. 6. The meal allowance is not transferable and cannot be carried over to another day. 7. All meals are to be rung up and a receipt is to be printed and signed by the employee consuming the meal and the Manager in Charge. All receipts must be included with that day’s audit. 8. Any violation of this meal policy will result in disciplinary action up to and including termination. F. EMPLOYEE DISCOUNT CARD 1. A Discount Card will be given to employees after two months of service. 2. The Discount Card is valid for 6 months (January to June and July to December). 3. Card entitles employees to an additional 25% off all food and beverage items. 4. Good at participating Pizza Hut and Taco Bell restaurants in Hawaii. 5. Card is valid for dine-in and carryout. 6. The Discount Card is valid for active employees only. Photo ID required. A receipt is to be printed, signed by the employee with employee’s restaurant name and signed by the Manager in Charge. Receipt must be included with that day’s audit. G. 401(k) EMPLOYEE INVESTMENT PLAN To assist employees in planning for future financial security, the Company provides an investment plan for those who meet the criteria for eligibility. The employee must be a minimum of 21 years of age, and have at least one year of service. One year of service is defined as 1,000 hours worked during this 12-month period. You may enroll during open enrollment, which is in January and July. H. LEAVES OF ABSENCE Approval must be obtained from your manager in writing prior to taking any leave of absence. Regardless of the type of absence, you are required to notify your manager prior to being absent. You are also required to notify your manager if you are unable to return at the end of the specified leave. Failure to provide such notification will mean you have voluntarily resigned. 1. General Leave A leave of absence without pay is available for compelling, urgent, or unusual circumstances. You must state a reason for your leave, beginning and ending date, and date returning to work. The manager will make the decision on whether or not to approve the requested leave of absence. Benefits will continue for the month in which leave begins. You will be required to pay the full share of your benefits to cover the leave period before your leave begins. It is your responsibility to make these arrangements to keep your benefits from lapsing. If you do not return to work on the agreed upon return date, you will be considered to have voluntarily terminated your employment with the Company. Employees must give their manager at least one (1) week notice of anticipated time off. 2. Medical Leave A medical leave of absence is available to eligible employees who are temporarily unable to work due to a serious health condition or disability. For purposes of this policy, serious health conditions or disabilities include inpatient care in a hospital, hospice, or residential medical care facility; or continuing treatment by a health care provider. A disability shall be defined as provided under state and federal law. Leave may be available if reasonable and does not create an undue hardship on the Company. Eligible employees should make requests for medical leave to their manager at least thirty (30) days in advance of foreseeable events and as soon as possible for unforeseeable events. A health care provider’s statement must be submitted verifying the need for medical leave and its beginning and expected ending dates. Any changes in this information should be promptly reported to the Company. Employees returning from medical leave must submit a health care provider’s verification of their fitness to return to work. Employees will be required to first use any accrued paid time off before taking any unpaid medical leave. During medical disability leave, employees may qualify for workers’ compensation or temporary disability benefits. For employees who are receiving temporary disability insurance or workers’ compensation benefits, employees will be required to supplement any unpaid medical leave with accrued paid time off to the extent allowed by law. During the first month of disability, and up to three months in which you remain disabled if you remain employed, the Company will pay your individual health care premiums, but all other premiums, if any, will be your responsibility. After this obligation expires, you may have the right to pay for continuation of health care coverage upon the occurrence of an event which would otherwise result in loss of such coverage. Please see the plan documents or human resources for specific information concerning such continuation coverage. I. MATERNITY LEAVE Female employees disabled due to pregnancy, childbirth, or related medical conditions, will be granted an unpaid leave of absence for a reasonable period of time as determined by the employee’s physician. Prior to onset of the unpaid leave, the employee must submit a physician’s certificate estimating the length of the leave and the estimated commencement and termination dates of the leave. Prior to returning from her leave, the employee must submit a physician’s certificate approving her return to work. Upon timely return to work, the employee will be reinstated to her original job, or to a position of comparable status and pay, without loss of seniority and privileges. During such leave, employees may qualify for temporary disability benefits or other paid leave benefits to the same extent as any other employee. During the first month of disability due to pregnancy, and up to three months in which you remain disabled, the Company will pay your individual medical premiums, but all other premiums, if any, will be your responsibility. After the three–month period expires, you may have the right to pay for continuation of medical, dental, drug and/or vision coverage upon the occurrence of an event which would otherwise result in loss of such coverage. Please see the plan documents or human resources for specific information concerning such continuation coverage. J. MILITARY DUTY An employee who is a member of or applies to be a member of a uniformed service, and performs or has an obligation to perform service in a uniformed service (Armed Forces; the National Guard when engaged in active duty for training, inactive duty training, or full-time National Guard duty; the Commissioned Corps of the Public Health Service; or any other category of persons designated by the President in time of war or emergency) will be allowed military leave. Seniority will continue to accrue for employees on military leave. Employees are responsible for providing the Company with reasonable advance notice of the need for leave due to military service, unless notice is precluded by military necessity or is impossible or unreasonable under the circumstances. Return to Work: If an employee does not return to work within the time required by federal law after their military leave has expired, the absence shall be treated as an unexcused absence and the employee may be deemed voluntarily terminated. Employees must return to or reapply for work in accordance with the following schedule, depending upon the length of military service. For all leaves exceeding thirty (30) days, please submit your application for reemployment to the Company President and provide documentation that your application is timely, you have not exceeded the five-year limit on the duration of service while working at the Company, and that your separation/dismissal from service was not disqualifying (e.g., dishonorable discharge). Period of Service Time to Report or Apply for Reemployment 1 to 30 days Employee must report for work at the beginning of the first full regularly-scheduled work period on the first full calendar day following the completion of the period of service and eight (8) hours following a safe transportation home. 31-180 days Employee must apply for reemployment (written or verbal) no later than fourteen (14) days after completing service, unless it is impossible or unreasonable to do so. More than 180 days Employee must apply for reemployment (written or verbal) no later than ninety (90) days after completing service. Upon your return from military leave, it is the Company’s policy to promptly place you in a position depending upon how long the military leave was and your qualifications. Your position may be (a) a position you would have attained if had you been continuously employed (“escalator position”), (b) your pre-service position, (c) a position of like seniority status and pay to the escalator position or the pre-service position, or (d) a position that is the nearest approximation to the escalator position or the pre-service position. The Company will make reasonable efforts to help you become qualified for the appropriate position. Full-time exempt employees who perform work during a week in which they perform military service will be reimbursed for the difference between their military pay and regular pay for a maximum of two (2) weeks per calendar year if their military pay is less, provided they supply their manager with their authorized military rank, pay rate, and orders. All benefits and job status will resume as if continued if the employee reports back to work on the next regularly scheduled work period after their release from active duty. Part-time employees, full-time employees whose temporary duty exceeds two (2) weeks, and employees who voluntarily extend their military commitment beyond the statutory requirement will be considered on an unpaid leave of absence. For absences of less than thirty (30) days, the Company will continue health care benefits as if the employee has not been absent. For absences exceeding thirty (30) days, employees may elect continued coverage for up to twenty-four (24) months at the employee’s own expense, which is up to 102% of the full premium. Upon return to work, the employee’s health insurance will be reinstated with no waiting period. K. LEAVE FOR VICTIMS OF DOMESTIC OR SEXUAL VIOLENCE If you or your minor child is a victim of domestic or sexual violence, you may be eligible to take unpaid leave for a reasonable period of time, not to exceed thirty (30) days per calendar year. An employee must have worked for the Company for at least six (6) consecutive months to be eligible for leave under this policy. For purposes of this section, your “minor child” includes a biological, adopted, foster, or stepchild, or any legal ward of an employee under the age of majority. Leave under this policy will be permitted for the following purposes:  To seek medical attention for the employee or the employee’s minor child to recover from physical or psychological injury/disability caused by domestic or sexual violence;  To obtain services from a victim services organization or victim advocacy organization, including (a) any nonprofit organization providing assistance to or serving as advocates of victims of domestic or sexual violence; (b) any organization operating a shelter or providing professional counseling services for victims of domestic or sexual violence; or (c) any organization providing legal assistance to victims of domestic or sexual violence;  To obtain psychological or other counseling;  To temporarily or permanently relocate; or  To take legal action relating to or resulting from the domestic or sexual violence, or related legal action which enhances the health/safety of the employee, the employee’s minor child, or those who associate or work with the employee (e.g. to obtain restraining orders or injunctions). An employee must exhaust any other paid or unpaid leave which is applicable and available before taking leave under this policy. For example, employees wishing to take victims leave who have available vacation leave must first use their vacation leave before taking unpaid victims leave. All information provided to the Company by an employee regarding a leave requested under this policy, including the fact that the employee or employee’s minor child has been a victim of domestic or sexual violence, or that the employee has requested leave due to domestic or sexual violence, shall be kept confidential by the Company. Employees should provide reasonable advance notice to the manager of their intention to take leave, unless notice is not practicable due to imminent danger to the employee or the employee’s minor child. If the purpose of the leave is to seek medical attention to recover from the employee’s own physical or psychological injury caused by domestic or sexual violence, the employee should, when providing notice of intention to take leave, provide a certificate from a physician estimating the number of leave days necessary and the estimated commencement and termination dates of the leave. Depending upon the circumstances, the Company may require employees returning from leave taken under this policy to submit a medical certificate from the employee’s physician attesting to the employee’s condition, and approving return to work. When an employee returns from a victims leave taken for reasons other than to seek medical attention for themselves or the employee’s minor child, the employee shall, within a reasonable period of time, provide a signed written statement to the Company certifying: (i) that the employee or employee’s child is a victim of domestic or sexual violence, and (ii) that the leave was taken for one of the permissible reasons described in this policy. Employees who return from an authorized victims leave and who have complied with certification requirements will be returned to their former position or to a position of comparable status and pay. L. DISABILITY 1. Temporary Disability Insurance The Company provides partial protection from loss of earnings if you become disabled due to a non-work-related illness or injury, including pregnancy. If you are eligible, Temporary Disability Insurance (“TDI”) will pay benefits at the rate of fifty-eight (58) percent of average weekly earnings up to a maximum beginning with the eighth calendar day of disability. Benefits are paid for a maximum of twenty-six (26) weeks in any benefit year. It is the employee’s responsibility to apply for TDI benefits and to notify the Company of the needed time off. 2. Workers’ Compensation The Company also pays the total premium to provide you with medical care, rehabilitation services, and wage replacement benefits at sixty-six and two-thirds (66 2/3) percent of average weekly earnings up to a maximum beginning with the fourth calendar day of disability, and permanent partial or total disability benefits if you sustain a work-related injury or illness. IT IS COMPANY POLICY AND YOUR RESPONSIBILITY TO REPORT ALL INJURIES AND ILLNESSES IMMEDIATELY TO YOUR MANAGER. For disabilities covered by TDI or Workers’ Compensation, the Company pays your medical insurance premiums for the month in which your illness/injury occurs. Thereafter, your individual medical premium will be paid for by the Company for an additional three (3) months, if you remain disabled; payments for all other insurance premiums are your responsibility. M. GROUP HEALTH INSURANCE The Company provides all eligible employees with medical coverage. Employees may choose to extend their coverage for their immediate family at their own expense; the charge for family coverage will be deducted from employee paychecks. Employee medical coverage begins on the first day of the following month in which you complete four (4) weeks of 20 hours or more with the Company. Team Member contributes up to one-half the cost of the single premium but no more than 1.5% of the employee's regular monthly wages. The employee must pay the full cost of premiums for dependent coverage. You have the option to decline medical coverage. Forms can be accessed and submitted online via PLATE. You and your dependents may have the right to pay for continuation coverage upon the occurrence of a qualifying event which would otherwise entitle you to lose group health plan coverage. (Please see the Human Resources Manager for information concerning continuation coverage.) N. FAMILY AND MEDICAL LEAVE A. Reasons for Leave Upon proper notification, eligible employees may take unpaid Family Leave for absences due to any of the following reasons: 1. The birth or adoption of a child; 2. Placement of a child with you for foster care; 3. Your own serious health condition that you need care for; 4. A serious health condition affecting your spouse, child or parent, for whom you are needed to provide care; 5. A serious health condition affecting your reciprocal beneficiary, civil union partner, sibling, grandchild, grandparent, grandparent-in-law or parent-in-law, for whom you are needed to provide care, however, no more than four (4) weeks of leave may be taken for these reasons; 6. A serious illness or injury suffered while on active duty of a spouse, son, daughter, parent or next of kin for whom you are needed to provide care (See Section C below); or 7. A qualifying exigency while your spouse, son, daughter or parent (the "covered military member") is on active duty or call to active duty status in a foreign country for one or more of the following reasons: short notice of deployment of seven (7) days or less; to attend military events and related activities; to arrange childcare and school activities; to make financial and legal arrangements; to receive counseling (provided by someone other than a health-care provider); for rest and recuperation (leave limited to 5 days for each instance); post-deployment activities such as official ceremonies within 90 days of termination of service or to handle matters relating to the death of a covered military member; or other events which arise out of the covered military member's active duty or call to active duty status subject to agreement with the employer as to duration and timing (See Section D below). B. Eligibility Standards and Length of Leave If you have been employed by the Company for at least six (6) consecutive months, you are eligible to take up to four (4) weeks of family leave each calendar year not to exceed four (4) weeks in any calendar year for reasons 1, 4 and 5 above (but not reasons 2, 3, 6 or 7). If you have been employed by the Company for twelve (12) months within the past seven (7) years, have worked at least 1,250 hours during the twelve-month period preceding the start of leave, and report to work within a seventy-five (75) mile radius of at least fifty (50) co-employees, you may take up to thirteen (13) weeks of unpaid family leave during each calendar year, for reasons 1, 2, 3, 4 and 7 but not reason 5; and up to 26 weeks for reason 6. No leave under this policy will be granted unless your length of service meets one of the above eligibility standards. If your leave is for a reason under 1, 4 or 5, you may elect to substitute accrued paid leave for unpaid leave. Unless you advise us that you choose not to use accrued paid leave during the first four (4) weeks of such leave, we will apply your vacation first, then any available sick leave up to ten (10) days. For reasons 2, 3, 6 and 7, or after you have used four (4) weeks of leave for reasons 1, 4 and 5, we will require that you substitute applicable accrued paid leave for unpaid FMLA leave. If paid leave will be used, the normal procedures and policy limitations for applying for, supporting and using paid leave will apply. Use of paid leave incorporates the requirements for completion of adequate support for the leave, [optional: and this Company has adopted the family leave certification form as the format to support a request to use paid leave that has not been prearranged. The Company will also allow you to use any applicable accrued paid leave for any absence during which payments are received from temporary disability plans such as TDI or Workers’ Compensation to supplement such wage loss benefits to make up the difference between regular compensation and the insured benefit. ] Any paid or unpaid leave (i.e., workers' compensation, temporary disability, sick leave, and personal leave) taken that qualifies as leave under this policy will be counted towards satisfying any applicable leave entitlement. Leave allowed under both eligibility standards will be counted toward the employee's entitlement under both standards. Eligible spouses who are both employed by the Company are entitled to a combined total of twelve (12) weeks of leave (rather than twelve (12) weeks each) for the birth or adoption of a child or to care for a parent with a serious health condition; provided that each eligible spouse is entitled to a minimum of four (4) weeks of individual leave. C. Servicemember Family Leave Eligible employees may take up to twenty-six (26) weeks of leave to care for a “covered servicemember” with an injury or illness incurred by the member in the line of duty while on active duty in the Armed Forces that may render the member medically unfit to perform the duties of the member’s office, grade, rank, or rating. “Covered servicemember” means a member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a “serious injury or illness”; also a veteran who is undergoing medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces (including National Guard or Reserves) at any time during the period of 5 years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy. Servicemember Family Leave may be taken by an eligible employee who is the spouse, son, daughter, parent, or next of kin of a “covered servicemember.” Next of kin means the nearest blood relative, other than the covered servicemember's spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the servicemember by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered servicemember has specifically designated in writing another blood relative as his or her nearest blood relative for purposes of military caregiver leave under the FMLA. When no such designation is made, and there are multiple family members with the same level of relationship to the covered servicemember, all such family members shall be considered the covered servicemember's next of kin and may take FMLA leave to provide care to the covered servicemember, either consecutively or simultaneously. When such designation has been made, the designated individual shall be deemed to be the covered servicemember's only next of kin. For example, if a covered servicemember has three siblings and has not designated a blood relative to provide care, all three siblings would be considered the covered servicemember's next of kin. Alternatively, where a covered servicemember has a sibling(s) and designates a cousin as his or her next of kin for FMLA purposes, then only the designated cousin is eligible as the covered servicemember's next of kin. The Company may require an employee complete a certification unless the leave is pursuant to an “invitational travel order” (ITO) or “invitational travel authorization” (ITA). The Company may also require the employee to provide confirmation of covered family relationship to the covered servicemember. Servicemember Family Leave runs concurrent with other leave entitlements, may be taken on an intermittent or reduced leave basis, and when combined with other FMLA-qualifying leave, may not exceed twenty-six (26) workweeks in a single twelve (12) month period. Certification of servicemember’s health care provider may be required in support of request for leave. A husband and wife who both work for the same employer and who are entitled to servicemember family leave are entitled to an aggregate of twenty-six (26) weeks of leave. D. Qualifying Exigency Leave An employee whose spouse, son, daughter or parent either has been notified of an impending call or order to active military duty or who is already on active duty in the Armed Forces may take up to 12 weeks of leave for reasons related to or affected by the family member’s call-up or service including the reasons stated above under Section A.7. A call to active duty refers to a federal call to active duty. State calls to active duty are not covered unless under order of the President of the United States. The leave may commence as soon as the individual receives the call-up notice. (Son or daughter for this type of FMLA leave is defined the same as for child for other types of FMLA leave, except that the person does not have to be a minor.) This type of leave would be counted toward the employee’s 12-week maximum of FMLA leave in a 12-month period. Employees requesting this type of FMLA leave must provide proof of the qualifying family member’s call-up or active military service such as active duty orders or other documentation issued by the military and the request must be supported by a certification from the employee of the reason for the leave and other information. E. Return to Work The Company will attempt to restore you to the position held when the leave commenced or to an equivalent position with equivalent pay and benefits, if possible. If you are a "key employee" (a salaried employee who is among the highest paid ten percent (10%) of the Company's employees), and keeping the job open for you would result in substantial economic injury to the Company, the Company can deny your reinstatement if leave is taken for your own serious health condition or if more than four (4) weeks of leave is taken in a given calendar year. Key employees will be notified, at the time they submit their request for leave, of the possibility that they will be denied restoration to employment and provided a reasonable period of time to return to work without jeopardizing reinstatement. Key employees who elect to take leave may request reinstatement at the conclusion of the leave period, at which time the Company will determine whether reinstatement should be denied because of substantial economic injury to the Company. F. Intermittent Leave Leave for your own serious health condition or of a family member listed in Section A.4, or leave taken under Section A.6 may be taken on an intermittent or reduced schedule basis only if medically necessary. Leave under A.7 may be taken intermittently or on a reduced schedule. Leave for reason under Section A.5 may be taken on an intermittent or reduced leave schedule for the first four (4) weeks of such leave, thereafter only if medically necessary. Intermittent or reduced leave upon the birth, placement for foster care, or adoption of a child is not permitted beyond the first four (4) weeks of leave unless advance written approval is obtained from the Human Resources Department. The Company may require you to transfer temporarily to an alternate position, which better accommodates recurring periods of absence or a part-time schedule due to planned medical treatment, provided that the position has equivalent pay and benefits. Transfers to accommodate your need for leave due to other conditions can be made based on mutual agreement. G. Notifying the Company of Your Need for Leave When the need for leave for your own serious health condition is foreseeable (for example, planned medical treatment) you must provide at least thirty-days (30) advance notice and make efforts to schedule leave so as not to disrupt Company operations. You should complete the applicable company leave form. You will be required to report periodically on your leave status and intention to return to work. If the need for leave is unforeseeable or due to the serious health condition of a family member (for example, because of a medical emergency), you must notify the Company of your need to take leave as soon as possible. Failure to provide notice of your need for leave may result in your absence not being protected, delay your entitlement to leave and subject you to discipline up to and including termination in accordance with the Company’s regular attendance standards. H. Required Medical Certification The Company requires medical certification, completed by a health care provider on a company-provided form, to support a claim for leave. Failure to return a completed certification form within the time provided may delay the FMLA from protecting your absence and your employment may be subject to termination in accordance with the Company’s regular attendance standards. At its discretion, the Company may require a second medical opinion at its own expense. If the first and second opinions differ, the Company, at its own expense, may require the binding opinion of a third health care provider, approved jointly by the Company and the employee. If the leave is taken for your own serious health condition, the Company may also require periodic recertifications. For leave due to the birth of a child, the Company may require reasonable documentation of the family relationship such as a medical certification issued by a health care provider, the family court, or certification of the placement of the child for adoption with the employee issued by a recognized adoption agency, the attorney handling the adoption, or by the individual officially designated by the attorney handling the adoption, or by the individual officially designated by the birth parent to select and approve the adoptive family. As a condition of returning to work, the Company may require you to obtain and present certification from your health care provider stating that you are able to return to work and perform your essential job functions as described in your position description if your leave was due to your own serious health condition. Reinstatement may be delayed until you submit a fitness-for-duty certification. I. Maintenance of Group Health Insurance The Company will continue to pay its share of the premium for group health insurance coverage provided to the employee and any dependents for the duration of family leave. Employees are expected to make arrangements to pay for the employee's share or to continue other types of benefit coverage before taking leave. J. Employee's Responsibilities It is your responsibility to timely complete your leave request forms to assure reinstatement and benefit continuation for the duration of such approved leave. If you are unable to return to work at the end of any approved leave, it is your responsibility to timely request additional leave or notify us of your intention not to return to work. Failure to obtain approval for additional leave may result in loss of your employment. Authorized leave taken under this policy will not be used to determine whether an employee has excessive absenteeism. However, leave taken under this policy may result in loss of performance related benefits such as perfect attendance bonuses. Employees requesting family leave or taking family leave under this policy will not be retaliated against in violation of applicable law. For further information or leave request forms, or to report any concerns, please contact the Human Resources Office. K. Notice of FMLA Rights The FMLA makes it unlawful for an employer to interfere with, restrain, or deny the exercise of any right protected under the FMLA. It is also unlawful to discharge or discriminate against any person for opposing any practice made unlawful by the FMLA, or for involvement in any proceeding under or relating to the FMLA. An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit to enforce FMLA rights. In addition, the FMLA does not affect any federal or state law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement providing greater family or medical leave rights. L. GINA Rights The Genetic Information Nondiscrimination Act of 2008 (“GINA”) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, we ask that you and any health care provider not provide any genetic information when responding to a request for medical information. “Genetic information” as defined by GINA, includes an individual's family medical history, the results of an individual's or family member's genetic tests, the fact that an individual or an individual's family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual's family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services. V. COMMUNICATIONS A. OPEN DOOR POLICY Effective communication is an essential element of job satisfaction. It is the key link between all of us and is vital to our success. The Company believes workplace issues can be resolved most efficiently and effectively where proper lines of communication are followed. You are encouraged to communicate questions or concerns about your employment to your manager, or if more appropriate, to your area coach. If a problem cannot be resolved at this level, or your manager or area coach is part of the problem, you may request that the matter be reviewed by the next higher level of authority. B. CHANGE OF ADDRESS, TELEPHONE NUMBER, ETC. For benefits administration and emergency purposes, it is vital that we maintain accurate and current personnel records. Accordingly, it is your responsibility to complete the appropriate forms online via Plate of any change in your residence address, phone number, marital status, number and names of dependents, the name and phone number of a person you wish us to contact in the event of an emergency, or other necessary personal information immediately. C. COMPANY COMMUNICATIONS Government posters, company notices, and other information of interest to employees are posted in the store and online in Plate. You are encouraged to check regularly for updated information. VI. COMPANY REGULATIONS A. CONFIDENTIALITY POLICY The Company’s policy is to protect its non-public business trade information. Disclosure of confidential business trade information is in violation of the Company policy and may result in disciplinary action up to and including immediate termination. To avoid inadvertent disclosure of confidential business trade information, you should not discuss confidential business trade matters where others may overhear. Information that the Company considers confidential business trade information includes, but is not limited to, the following:  Non-public, internal operations methods and strategies and financial data and reports;  Information concerning customers;  Vendor lists;  Pricing lists;  Sales figures and profit/loss data;  Marketing goals or figures;  Business plans;  The Company’s sources of leads for or methods of obtaining new business;  Any software or computer programs owned or licensed by or to the Company, its customers, or suppliers;  Employee addresses or phone numbers not obtained during the normal course of work activity;  Customer credit card and bank account numbers; and  Employee social security numbers and personal health information. PROPRIETARY INFORMATION In order that we may assure the availability of our operations-related materials to our employees and be able to maintain the confidentiality of proprietary information in these manuals, it is the policy of the Company to assign these manuals to a particular restaurant or office. 1. Proprietary Materials All Company and proprietary materials must remain in the restaurant at all times. Such as: a. Policy Manuals b. Training Guides c. Reference & Control Manuals d. Pizza Hut Cartops//Safety kits must be returned after every shift. (This is not an all-inclusive list). 2. Confidentiality The information contained in company materials is confidential and will not be disclosed to anyone not employed by the Company. 3. Responsibility The management staff is responsible for the safekeeping of all Company manuals and documents. NOTE: According to the federal Defend Trade Secrets Act of 2016, an employee, contractor or consultant will not be held criminally or civilly liable under any federal or state trade secret law for the disclosure of a trade secret that (A) is made (i) in confidence to a federal, state, or local government official, either directly or indirectly, or to an attorney; and (ii) solely for the purpose of reporting or investigating a suspected violation of law; or (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal. An employee, contractor or consultant who files a lawsuit for retaliation by an employer for reporting a suspected violation of law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court proceeding, if the individual (A) files any document containing the trade secret under seal; and (B) does not disclose the trade secret, except pursuant to court order. Nothing in this policy authorizes or limits liability for an act otherwise prohibited by law, such as the unlawful access of material by unauthorized means, as defined in the Act. B. SECURITY For the safety and protection of our employees and customers and also to safeguard the Company's assets and minimize losses, security procedures must be adhered to at all times. 1. The back door will remain locked at all times. Do not let any unauthorized persons into the store. If you don’t recognize the person, send him or her to the front door. 2. After dark, there is no exit or entry by using the back door until the first scheduled employee arrives the next morning. Exceptions will be made with Director of Operations approval. 3. If you notice suspicious people around the restaurant at any time, notify the manager immediately. The manager will then decide whether or not to call the police 4. In case of robbery: a. Remain calm. b. If requested, give the money in your register to the robber. c. Do not resist or move suddenly. d. Try to study the robber’s face, clothing, special marks (birthmarks, scars, tattoos, etc.) if any. e. Watch the direction and manner of escape. f. If escape is by car, try to note the make, color and license number of the car and the direction of flight. g. DO NOT BE A HERO! h. Call the police immediately (Phone 911, 9-911 on Company phone). i. Once the robber has left, ask the MIC to press the holdup button. On your first workday at the restaurant, your General Manager will show you how to operate the holdup button. It’s important that you understand how and when to use this piece of equipment. 5. Friends or relatives are permitted in the restaurant for business reasons only. All persons who wish to transact business (except delivery people) must make their inquiry at the front counter. 6. Off-duty employees are not allowed inside the restaurant except to transact business with the Manager in Charge or the General Manager. 7. For your own protection, do not bring any valuables to work since the Company will not be responsible for any theft or loss. Opening/Closing: 1. A minimum of two (2) people, of which one is in management, will always be in the restaurant. 2. Family members, friends, and off duty employees shall not be allowed in restaurant prior to opening and after closing hours. 3. The closing staff should move their cars to a well-lit area near the exit door of the restaurant after the dinner rush by 9:00 p.m. This procedure should not inconvenience customer parking. 4. Final lot checks that span the exterior of the building should be completed one hour prior to closing. Final checks of the dining room should be completed one-half hour prior to the closing of the dining room. Everyone should be working within the secured confines of the building after closing. 5. Never take trash out the back door after dark. Trash must never be taken out after closing and never dropped off at the dumpster as employees leave. Any remaining trash can be dumped in the morning. Dump as much of your trash one hour prior to closing, the same time your exterior lot check must be completed. 6. Late customers must be informed of our restaurant closing time. All Pizza Hut customers should be out of the restaurant by 1/2 hour after the restaurant’s closing time. All Taco Bell customers should be out of the restaurant by closing time. 7. Security lights will be turned on after closing or after the last customer leaves. Security lights will remain on all night. 8. Window coverings will remain open at night. 9. Final cash count must be done after all customers have left the restaurant and with the doors locked. 10. All employees must be out of the restaurant within 1 hour after closing time. On inventory nights, all employees should be out of the restaurant within 2 hours. Exceptions are during pest extermination and other special instances with prior General Manager or Area Coach approval. 11. At closing the manager will: a. check the restrooms b. lock all doors and secure the store c. secure company funds d. complete closing administrative duties e. complete closing checklist 12. Do not exit the restaurant after closing unless you are going home. All closers should leave the restaurant using the exit procedure. 13. Exit Procedure: a. The first person leaves the restaurant through the front door and gets into his/her car while another closer watches from inside the restaurant with the door locked. Should the person leaving be approached by anyone, the closer in the restaurant immediately calls the police (911, 9-911 on Company phone). Cars should be parked near the exit door. b. The person who left the restaurant first drives to a position where they can shine their headlights on the exiting door. They will leave the car running and the lights on. c. As soon as the first closer is in position, the closing management person will activate the alarm system. Everyone will leave the restaurant and get into their cars. If any of the people are accosted by a robber, the first person who left and has been observing, immediately drives to the nearest predetermined location of a telephone (not on the restaurant property) and calls the police (911). C. RULES OF CONDUCT The following Rules of Conduct have been adopted to ensure there is no misunderstanding on the part of the employees as to what conduct is expected of each employee. These rules also are designed to create and maintain an environment in which everyone treats others with consideration and respect. Please note that the term “work time” means the period of time scheduled for the performance of job duties, not including meal times, break times, or other periods when employees are not properly engaged in performing their work duties. These rules do not cover all circumstances for which an employee may be disciplined. Also, additional rules may be added from time to time, and existing rules may be amended. The order in which they are listed does not reflect the importance or weight placed on any particular rule. Employees are required to familiarize themselves with these Rules and to adhere to them. Violation of the Rules of Conduct may subject an employee to disciplinary action, up to and including reprimand, suspension, or termination. Alcohol/Drugs 1. Drunkenness or drinking on the job or on Company property, reporting for duty in any way affected by the consumption of alcohol, working or reporting to work with the smell of alcoholic beverages on the breath, or violation of the Company’s Substance Abuse Policy with respect to alcohol. 2. Unauthorized possession, distribution, sale, use, or transportation on the job or onto the premises of any alcoholic beverage, controlled substance, drug, or other mind altering substance, narcotic, and/or drug paraphernalia; reporting for duty with any trace of any such drug or narcotic in one’s body, except as lawfully prescribed by a physician other than medical marijuana which is still a prohibited substance under this policy; violation of the Company’s Substance Abuse Policy with respect to non-alcoholic substances. Smoking Smoking, chewing tobacco, or vaping in prohibited areas on Company property or in any Company vehicle. Prohibited areas include enclosed and partially enclosed areas of the Company premises. "Enclosed or partially enclosed” means closed in by a roof or overhang and at least two walls, and includes lanais, interior courtyards and covered walkways. Smoking is prohibited within 20 feet of entrances, exits, windows that open and ventilation intakes that serve areas where smoking is prohibited. Firearms/Personal Weapons 1. Possession or transportation onto Company premises of explosives, weapons, or firearms; any threat to use such weapons. 2. Have firearms/personal weapons in their vehicle while parked on the premises or in the vehicle being used to perform company duties. Theft/Misuse/Destruction of Company Property 1. Pilferage, theft, misappropriation, or unauthorized possession or custody of Company property or the property of others; any attempt to pilfer, steal, or misappropriate any such property; any unauthorized use of Company equipment and/or supplies. 2. Intentional or negligent conduct that results in loss, damage, waste, or destruction of Company property, or the property of customers or visitors, or which creates unsafe or unsanitary conditions; failure to follow safety rules; or engaging in any unsafe conduct. 3. Unauthorized possession, custody, or utilization of customer, employee, vendor or Company property, including any item (lost or otherwise) found or present on Company premises. (All articles found on Company premises must immediately be turned into your manager. 4. Tampering with fire or safety equipment. 5. Abusing, defacing or destroying Company property or property of customers, vendors or employees. 6. Failure to cooperate with requests of any member of management: a. Open and/or search any vehicle, locker, clothes, pocket, purse, package, box or other container on Company premises or in vehicles which are suspected of containing the following: pilfered or stolen property; alcoholic beverages; unauthorized controlled substances, drugs, other mind-altering substances, or narcotics; or dangerous or unauthorized materials, such as explosives, weapons, or firearms. b. Assist the Company in any theft or pilferage or other investigation. c. Report any incident of theft or pilferage, or other violations of these rules, observed by or reported to you. d. Assist the Company to identify the participant in any theft or pilferage. e. Recover any pilfered or stolen Company property. Indecent Conduct/Language 1. Interference with others in the performance of their jobs, horseplay, or, disorderly conduct while on work time or inside Company work or public service areas. 2. Threatening, fighting, or engaging in any act of physical aggression (as well as any attempt or threat to engage in a fight or to provoke a fight), either by word or actions. 3. Use of abusive, disparaging, offensive, or obscene language directed at a fellow employee, customer or member of management while on work time if (a) it interferes with work performance; (b) it interferes with harmonious interactions and relationships between the Company, its employees, customers, or suppliers; or (c) it violates the Company’s anti-harassment policy. 4. Gambling or promoting gambling during work time and/or on Company premises at any time. 5. Unlawful or immoral conduct at any time or place which adversely affects your relationship with your job, fellow workers, and/or managers. 6. Failure to abide by standards of common decency and personal conduct while performing your job; behavior that is rude, condescending, discourteous, or otherwise socially unacceptable. 7. Engaging in any discriminatory or harassing conduct in violation of Company policy, including retaliatory conduct and sexual harassment. 8. Insubordination, refusal to obey instruction, disregard of any order or directive to perform work as assigned or required, willful slowdown, or neglect of duty. If your manager requests that you do something, and you disagree, obey the instruction at the time and grieve or discuss it later when both you and your manager are out of hearing of customers and other employees. If you believe the instruction is illegal, immoral, or dangerous, you do not need to comply with the request, and you should report this to Human Resources. Customer Interaction Discourtesy or rudeness in any form or disrespect while on work time to any customer, employee, or vendor; failure to render the appropriate degree of service to any customer, employee, or vendor. Accidents Failure to report loss, damage, breakage, or breakdown of Company property; failing to immediately report any job-related injury, illness, or accident; falsifying information or refusing to give testimony or to cooperate in the investigation of accidents, employee misconduct, or grievances conducted by or on behalf of the Company. Notification of Absence 1. Employees must give a minimum of two hours’ notice to their manager prior to being absent, except in a case where reasonably impossible. 2. Sick calls must be made to the Manager in Charge. A physician's note may be requested by the manager upon return to work. 3. Habitual absence: with or without an excuse three times within a three-month period may result in termination. 4. Two days of no shows within a three-month period will result in termination. Tardiness 1. Unauthorized or unreported absence from work. (An unreported or unexcused absence for three consecutive work days shall be considered a voluntary termination.) 2. Excessive absenteeism or tardiness in reporting to work or returning to duty following rest and meal periods. Breaks 1. Leaving or being outside of your department or work area while

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