Employment
Policy Handbook
&
Operations
Manual
May 2021
Revised May 27, 2021
1
Table of Contents
Mission Statement ..................................................................................................................................................................... 7
Equal Employment Opportunity and Unlawful Harassment .................................................................................................... 8
ADA and Religious Accommodation ................................................................................................................................. 8
EEO Harassment .................................................................................................................................................................. 8
Sexual Harassment............................................................................................................................................................... 9
Complaint Procedure ......................................................................................................................................................... 10
Open Door Policy ....................................................................................................................................................... 11
Personnel Administration ......................................................................................................................................................... 11
Your Employment File................................................................................................................................................ 11
Notice of Rights Regarding Personnel Records................................................................................................................ 11
Disputed Information ......................................................................................................................................................... 11
Employment Classifications..................................................................................................................................................... 12
Regular, Non-Exempt and Exempt Employees ................................................................................................................. 12
Temporary Employees ....................................................................................................................................................... 12
Hire Date .................................................................................................................................................................... 12
Employment of Relatives................................................................................................................................................... 12
Dating in the Workplace ............................................................................................................................................. 12
Work Schedule ................................................................................................................................................................. 13
Attendance.................................................................................................................................................................. 13
Work Rules for Minors ............................................................................................................................................................ 13
16- and 17-year-old Employees ................................................................................................................................................ 13
Compensation &Performance Reviews................................................................................................................................... 14
Compensation Program ...................................................................................................................................................... 14
Performance Reviews.................................................................................................................................................. 14
Overtime Pay .............................................................................................................................................................. 14
On-Call and Waiting Time .......................................................................................................................................... 14
Wage Inquiries ................................................................................................................................................................... 15
Revised May 27, 2021
2
Time Clocks - Employees at Restaurants.......................................................................................................................... 15
Time Reporting – Restaurant Support Center ............................................................................................................. 15
Pay for Exempt Employees ............................................................................................................................................... 16
Code of Conduct .............................................................................................................................................................. 16
Ethics and Integrity Policy ................................................................................................................................................ 17
Sales of Alcohol and Tobacco.................................................................................................................................................. 17
Forms of identification accepted by state and federal laws are: .............................................................................................. 17
Examples of age-restricted items and the legal age to purchase them are....................................................................................... 18
Violations ........................................................................................................................................................................... 18
Confidential Information .......................................................................................................................................................... 18
Conflicts of Interest .................................................................................................................................................................. 18
Outside Employment.......................................................................................................................................................... 19
Employee Problem Procedure .......................................................................................................................................... 19
Discipline and Discharge ................................................................................................................................................. 19
Dress Code/Personal Appearance/Uniform Standards.............................................................................................................. 20
Tattoos ................................................................................................................................................................................ 20
Cell phones and pagers ...................................................................................................................................................... 20
Office Employees ............................................................................................................................................................... 21
Above Restaurant Leaders and Restaurant General Managers ..................................................................................... 21
Restaurant Employees ........................................................................................................................................................ 21
Drugs and Alcohol ............................................................................................................................................................. 21
Tobacco-Free Work Environment ........................................................................................................................................... 23
Gun Free Workplace ................................................................................................................................................................ 23
Guests and Visitors .................................................................................................................................................................. 24
Threatening/Violent Conduct ........................................................................................................................................... 24
Personal Vehicle Use for Business Purposes ................................................................................................................... 25
No Solicitation/No Distribution Policy ............................................................................................................................... 26
Interpretation ...................................................................................................................................................................... 26
Employee Solicitation* ...................................................................................................................................................... 26
Revised May 27, 2021
3
Employee Distribution of Literature ................................................................................................................................. 26
Definitions .......................................................................................................................................................................... 26
Solicitation by Non-employees........................................................................................................................................... 26
Bulletin Boards ........................................................................................................................................................................... 26
Workplace Searches .......................................................................................................................................................................... 26
The Company’s Property ............................................................................................................................................. 27
Employee Belongings ................................................................................................................................................. 27
Confidentiality.................................................................................................................................................................... 27
Electronic Device & Computer Usage .................................................................................................................................... 27
Restaurant Recording Policy .......................................................................................................................................28
Computer Network............................................................................................................................................................. 28
E-Mail Use ............................................................................................................................................................... 29
Etiquette............................................................................................................................................................................. 29
Restricted Access ............................................................................................................................................................. 29
Password Security ...................................................................................................................................................... 29
Software ............................................................................................................................................................................. 30
Data Security and Transmission Policies ........................................................................................................................ 30
Online Services and Related Accounts ............................................................................................................................ 31
Internet Usage and Related Communications................................................................................................................... 32
Voicemail ................................................................................................................................................................... 32
Telephones/Cell Phones/PDAs .......................................................................................................................................... 32
Personal Cellular Telephones ............................................................................................................................................ 33
Social Media Policy ................................................................................................................................................... 33
Safety ............................................................................................................................................................................... 35
Work-Related Injuries ........................................................................................................................................................ 35
Workers’ Compensation .................................................................................................................................................... 35
PRC and Guest Related Incident's .....................................................................................................................................35
Leaves of Absence ............................................................................................................................................................ 35
Personal Leave of Absence (Non-Medical) ...................................................................................................................... 35
Revised May 27, 2021
4
Family and Medical Leave (FMLA Leave)............................................................................................................................. 36
Military Family Leave Entitlements ........................................................................................................................... 36
Benefits and Protections .................................................................................................................................................... 37
Eligibility Requirements ............................................................................................................................................. 37
Definition of Serious Health Condition ...................................................................................................................... 37
Use of Leave ...................................................................................................................................................................... 38
Substitution of Paid Leave for Unpaid Leave ................................................................................................................... 38
Employee Responsibilities ................................................................................................................................................. 38
The Company’s Responsibilities................................................................................................................................. 39
Unlawful Acts ............................................................................................................................................................. 39
Enforcement ....................................................................................................................................................................... 39
Combined Medical Leave (Not FMLA Eligible and Extended beyond FMLA)............................................................. 39
Military Leave of Absence.......................................................................................................................................... 40
Funeral (Bereavement) Leave ..................................................................................................................................... 40
Jury Duty .................................................................................................................................................................... 41
Benefits for AGMs, RGMs, ASLs and Office Employees ...................................................................................................... 41
Sick Pay ...................................................................................................................................................................... 41
401(k) Plan ................................................................................................................................................................. 41
Paid Holidays .............................................................................................................................................................................. 42
Vacation ..................................................................................................................................................................... 42
Meal Policy ................................................................................................................................................................ 44
Tuition Reimbursement Policy .................................................................................................................................. 44
Separation of Employment .......................................................................................................................................... 45
Resignations ....................................................................................................................................................................... 45
Return of Company Property ...................................................................................................................................... 45
Acknowledgment of Receipt.............................................................................................................................................. 46
Revised May 27, 2021
5
IMPORTANT INFORMATION ABOUT THE EMPLOYEE HANDBOOK
THIS HANDBOOK IS INTENDED TO ACQUAINT EMPLOYEES WITH
PETERSON BURGE ENTERPRISES (“THE COMPANY”) AND PROVIDE
INFORMATION ABOUT WORKING FOR THE COMPANY. IT SHOULD NOT BE
TAKEN AS AN ALL-INCLUSIVE HANDBOOK WITH EVERY COMPANY
POLICY, PRACTICE, AND GUIDELINE, BUT SHOULD BE SEEN AS A
SUMMARY OF SOME OF THE COMPANY’S POLICIES, PRACTICES, AND
GUIDELINES. THIS 2015 HANDBOOK REPLACES AND SUPERSEDES ALL
PREVIOUSLY ISSUED HANDBOOKS.
EMPLOYMENT WITH PETERSON BURGE ENTERPRISES IS AT-WILL,
WHICH MEANS THAT EMPLOYEES HAVE THE RIGHT TO END THEIR
WORKING RELATIONSHIP WITH THE COMPANY, WITH OR WITHOUT
NOTICE AND FOR ANY REASON, JUST AS THE COMPANY HAS THE RIGHT
TO END ITS WORKING RELATIONSHIP WITH ANY EMPLOYEE AT ANY
TIME FOR ANY REASON, WITH OR WITHOUT NOTICE. THE LANGUAGE
USED IN THIS HANDBOOK, OPERATIONS MANUAL, AND ANY VERBAL
STATEMENTS MADE BY MANAGEMENT DO NOT, UNDER ANY
CIRCUMSTANCES, CONSTITUTE A CONTRACT OF EMPLOYMENT, DO NOT
GUARANTEE EMPLOYMENT FOR ANY SPECIFIC DURATION, AND DO NOT
LIMIT THE COMPANY’S RIGHT TO TERMINATE ITS WORKING
RELATIONSHIP WITH ANY EMPLOYEE AT ANY TIME FOR ANY REASON.
NO REPRESENTATIVE OF PETERSON BURGE ENTERPRISES, OTHER THAN
THE PRESIDENT, HAS THE AUTHORITY TO ENTER INTO AN AGREEMENT
OF EMPLOYMENT FOR ANY SPECIFIED PERIOD OR OTHERWISE
CHANGZING YOUR AT-WILL EMPLOYMENT RELATIONSHIP WITH THE
COMPANY AND ANY SUCH AGREEMENT MUST BE IN WRITING, SIGNED BY
THE PRESIDENT AND THE EMPLOYEE.
IF YOU HAVE ANY QUESTIONS AFTER READING THIS HANDBOOK,
PLEASE TALK WITH YOURIMMEDIATE SUPERVISOR OR THE HUMAN
RESOURCES DEPARTMENT. IN ADDITION, THE NEED MAY ARISE TO
CHANGE THE GUIDELINES DESCRIBED IN THIS HANDBOOK FROM TIME TO
TIME. EXCEPT FOR THE AT-WILL NATURE OF YOUR EMPLOYMENT,
WHICH CAN ONLY BE MODIFIED AS DESCRIBED ABOVE, THE COMPANY
RESERVES THE RIGHT TO INTERPRET OR TO CHANGE ANY OF ITS
GUIDELINES AT ANY TIME, WITHOUT NOTICE.
Revised May 27, 2021
6
Mission Statement
Welcome to Desert de Oro Foods Inc!!!
Desert de Oro Foods Inc. owns and operates the following franchises: Taco Bell, Kentucky Fried
Chicken, Long John Silvers, & Pizza Huts in multiple states AZ, CA, UT, NM, NV, WY & TX.
Along with our family of full services restaurants currently all located in Arizona.
We are excited that you are joining us! We believe that your future association with Desert de Oro
Foods Inc. (hereinafter “the Company”) will be a mutually beneficial and rewarding experience.
We are a consumer "guest” driven organization that prides ourselves in serving unique great tasting
food quickly and enthusiastically providing an experience our guest will continue to visit us for.
We believe that each employee contributes directly to our growth and success, that with the hiring
of each employee we are hiring someone who values diversity, teamwork, and self-reliance all
while experiencing personal growth within our organization. We strive to seek out people like
YOU, who want the opportunity to succeed in a progressive and motivated environment.
We are counting on your expertise to help us achieve our goals. We greatly appreciate the talent
and dedication of our employees. As thanks for your commitment, it is our practice to treat
employees with dignity and respect.
To satisfy the needs of our guests, we must function as a team to provide them with the highest
quality of service. As a part of the teamwork philosophy, we have an open door policy to promote
open, two-way communication at all times. Because you can freely address problems and
concerns, as well as your suggestions, to your managers, as well as Area Coaches, Directors and
Human Resources we do not believe outside organizations are necessary, or even helpful, to our
employee relations.
This handbook was developed to describe some of the expectations of our employees and to outline
the policies, programs, and benefits available to eligible employees. Employees should familiarize
themselves with the contents of this employee handbook as soon as possible, for it will answer
many questions about employment with Desert de Oro Foods, Inc.
We hope that your experience here will be challenging, enjoyable and rewarding. We want to be
the best, so we only hire the best! Thank you for joining our winning team and again, welcome!
Krystal Burge
Franchisee
Revised May 27, 2021
Mark Peterson
Franchisee
7
Equal Employment Opportunity and Unlawful Harassment
The Company is dedicated to the principles of equal employment opportunity. Consequently, we
strictly prohibit unlawful discrimination against applicants or employees on the basis of age, race,
sex, color, religion, national origin, disability, military status, genetic information, or any other status
protected by any applicable state or local law.
ADA and Religious Accommodation
The Company will make reasonable accommodations for qualified individuals with disabilities
and employees whose work requirements interfere with a religious belief unless doing so would
result in an undue hardship to the Company or cause a direct threat to your or another’s health
and/or safety. If you need an accommodation, you should contact your supervisor or Human
Resources. If you do not believe that your supervisor is responding appropriately, you should
contact Human Resources.
EEO Harassment
The Company strives to maintain a work environment free of all forms of unlawful harassment.
In doing so, the Company strictly prohibits unlawful harassment because of age, race, sex, color,
religion, national origin, disability, military status, genetic information, or any other status protected
by any applicable state or local law.
Unlawful harassment includes verbal or physical conduct that has the purpose or effect of
substantially interfering with an individual’s work performance or creating an intimidating,
hostile, or offensive work environment. Actions based on an individual’s age, race, sex, color,
religion, national origin, disability, military status, genetic information, or any other applicable
status protected by state or local law will not be tolerated. Prohibited behavior may include but is
not limited to the following:
•
Written form such as cartoons, e-mails, posters, drawings, or photographs.
•
Verbal conduct such as epithets, derogatory comments, slurs, or jokes.
•
Physical conduct such as assault or blocking an individual’s movements.
This policy applies to all employees including managers, supervisors, co-workers, and nonemployees such as customers, clients, vendors, consultants, etc.
Sexual Harassment
Because sexual harassment raises issues that are to some extent unique in comparison to other types of
harassment, the Company believes it warrants separate emphasis.
The Company strongly opposes sexual harassment and inappropriate sexual conduct. Sexual
harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or
physical conduct of a sexual nature, when:
Revised May 27, 2021
8
•
•
•
Submission to such conduct is made explicitly or implicitly a term or condition of employment.
Submission to or rejection of such conduct is used as the basis for decisions affecting an
individual’s employment.
Such conduct has the purpose or effect of substantially interfering with an individual’s work
performance or creating an intimidating, hostile, or offensive work environment.
All employees are expected to conduct themselves in a professional and businesslike manner at all
times and to show respect for all individuals. Conduct which may violate this policy includes, but
is not limited to, sexually implicit or explicit communications whether in:
•
•
•
Written form, such as cartoons, posters, calendars, notes, letters, e-mails.
Verbal form, such as comments, jokes, foul or obscene language of a sexual nature,
gossiping or questions about another’s sex life, or repeated unwanted requests for dates.
Physical gestures and other nonverbal behavior, such as unwelcome touching, grabbing,
fondling, kissing, massaging, and brushing up against another’s body.
Complaint Procedure
If you believe have any information that anyone may have violated this EEO and Unlawful
Harassment Policy, you must immediately report any suspected violation to your immediate
supervisor, an Above Restaurant Leader, the Human Resources Department, or the RSC (regional
support center). You may also use the Open Door Policy Hotline number (1-800-510-6860) to
report any violations. Your complaint will be kept as confidential as practicable.
Although you have several options for reporting any suspected violations of this policy, the
Company strongly advises you to report any such suspected violations to Human Resources and
urges you to put any such complaints in writing. If you do not believe that your supervisor or
another management employee have appropriately responded to a complaint, you must contact
Human Resources. The Company expects employees to make a timely complaint to enable the
Company to investigate and correct any behavior that may be in violation of this policy. The
Company cannot address issues if it is unaware of them.
The Company prohibits retaliation against any employee for making a complaint under this policy
or for assisting in a complaint investigation. If you perceive that you or anyone else is being
retaliated against in any manner for making a complaint or participating in an investigation, you
must follow the same complaint procedure outlined above and the situation will be investigated.
If the Company determines that an employee’s behavior has violated this policy, disciplinary action
will be taken, up to and including termination of employment.
Revised May 27, 2021
9
Open DoorPolicy
At some time or another, you may have a complaint, suggestion, or question about your job, your
working conditions, treatment you are receiving, etc. Your suggestions for improving the
Company’s operations are always welcome. Your complaints or questions are also of concern to
the Company. For any issues that you are experiencing (if it is an issue regarding
discrimination, harassment, or retaliation you can and should go directly to Human Resources)
we ask that you take your concerns first to your Restaurant General Manager or Manager in
Charge, following these steps:
1. Bring the situation to the attention of your Manager in Charge (MIC) or Restaurant
General Manager who will investigate and provide a solution or explanation.
2. If the problem is not addressed in a reasonable period, you may put it in writing to
your Area Coach or the Human Resources department.
Please consider the Open Door Policy your right and responsibility. Your front line position makes
your comments invaluable. If your immediate supervisor is in the best position to respond to you,
please speak to him/her in person. But you always have the option to contact your Area Coach, Brand
Director, or Human Resources. If you believe that your concerns have not been adequately addressed,
please contact Human Resources regarding those concerns.
Human Resource Hotline: 1-800-510-6860
Desert de Oro Foods Inc.
P.O. Box 4179 Kingman, AZ 86402 (928) 681-3344
Revised May 27, 2021
10
Personnel Administration
The task of handling personnel records and related personnel administration functions at the
Company is managed by our Human Resources Department in conjunction with the individual
restaurants. Questions regarding insurance, wages, and interpretation of policies may be directed
to your Manager or Human Resources.
Your Employment File
Keeping your employment file up-to-date can be important to you with regard to pay, deductions,
benefits, and other matters. If you have a change in any of the following items, please be sure to
notify your Manager or Human Resources as soon as possible:
1.
2.
3.
4.
5.
6.
Legal name
Home address
Home telephone number
Person to call in case of emergency
Exemptions on your W-4 tax form
Driving record or status of driver’s license if you operate any Company vehicles
or if you operate a personal vehicle for business purposes
Coverage on benefits that you and your family may receive under the Company’s benefits package
could be affected if the information in your personnel file is incorrect. Accordingly, if you
maintain any benefits through the Company, you will also need to notify Human Resources of
any changes to the following:
1.
2.
3.
Number of dependents
Marital status
Change of beneficiary
Notice of Rights Regarding Personnel Records
With respect to a request by a current employee, the Company will generally make an employee’s
personnel record available for review during its normal hours of operation at the Employee’s place
of employment or another nearby location. The Company may make the personnel record available
outside of the Employee’s normal business hours. The Company may require that a designated
Company representative be present during the Employee’s review of his or her personnel record.
After the review and upon the employee’s written request, the Company will provide the employee
with a copy of records that were signed by the employee, or as otherwise required by law.
Personnel records are Company property. Accordingly, the Company may deny a request to
review a personnel record or a personnel file.
Disputed Information
If you dispute any specific information contained in your personnel record, you may ask the
Company to remove or revise the disputed information. If the Company does not agree, you may
submit a written statement, not to exceed five written pages, which specifically identifies the
disputed information and explains your position. The Company will retain your statement along
with the disputed information and will provide a copy of your statement to any person to whom
it provides a copy of the disputed information.
Revised May 27, 2021
11
Employment Classifications
At the time you are hired, transferred, or promoted into a managerial, office, or restaurant
position, you will be classified as either regular exempt, regular non-exempt, or temporary. This
classification will determine whether you qualify for overtime pay. If you are unsure of your job
classification, please ask your Manager or Human Resources.
Regular, Non-Exempt and Exempt Employees
Employees classified as “non-exempt” are eligible for paid overtime at one and one-half times
their regular rate of pay for all hours worked in excess of 40 hours per workweek or as required
by state law.
Exempt employees are not eligible for overtime.
Temporary Employees
An employee who is hired in a job established for a temporary period or for a specific assignment.
Hire Date
The first day you report to work is your “official” hire or anniversary date. Your hire date is used to
compute various conditions and benefits described in this Employee Handbook.
Employment of Relatives
The Company may employ relatives of current employees except in the following situations:
•
•
•
Relatives would be in a position to supervise another relative.
Relatives have access to payroll and personnel records of a relative.
Relative’s audit, verify, receive, or are entrusted with money handled by the other relative.
In cases of marriage [or the formation of a civil union]i between two employees, if the above
guidelines apply, one must transfer. These guidelines apply to all categories of employment,
including full-time, part-time, and temporary classifications. They also apply to all relatives and
individuals who are not legally related, but who reside with another employee.
*Exceptions for special circumstances will be made at the Company’s discretion.
Dating in the Workplace
Management realizes that while it is not necessarily in the best interests of the Company or the
employees involved, romantic relationships may develop between co-workers. Employees must
behave in a professional manner while working at the Company or while at Company functions and
avoid engaging in conduct that violates our EEO and Sexual Harassment policies. It is important to
keep romantic relationships separate from the work environment.
The Company prohibits romantic relationships between supervisors and their direct reports or
where the relationship interferes with either employees’ work duties. Such situations can create
an actual or potential conflict of interest. They may also lead to potential charges of sexual
Revised May 27, 2021
12
harassment or favoritism, or otherwise interfere with employee morale. It is for this reason that,
should such a relationship occur, the supervisor involved must notify management or the Human
Resources Department immediately. The Company will try to arrange a transfer. If no such
transfer is available, one of the employees must terminate within 90 days. The decision as to
which one resigns will be left to the two employees.
Work Schedule
Attendance
All Employees are expected to report to work as scheduled and to work scheduled hours and any
required overtime. If you will be absent from, or late to work, you must speak directly to your
Manager a minimum of two hours in advance. Leaving a voice mail or sending a text message
is not permitted. Employees are also responsible for making arrangements with their Manager
to cover their scheduled shift. If an Arizona employee must leave during the shift due to
illness, Arizona sick time law would apply. At its discretion, the Company may require
written documentation of the reason for your absence. The Company will record absences and/or
tardiness in your employment file and your attendance record may be considered when
evaluating requests for promotions, transfers, leave of absences, or other employment actions. In
addition, an unacceptable attendance record may result in disciplinary action up to and including
separation of employment. If you fail to report to work and do not give your Manager advanced
notice (i.e. “No Call, No Show”), your employment with the Company will be terminated.
Exceptions for special circumstances maybe made at the Company’s discretion.
Work Rules for Minors
16 and 17-year old Employees
Employees who are 16 and 17-years old may not work before 5:00 a.m. on a school day, after
11:00 p.m. on an evening before a school day, or during school hours. If a 16 or 17-year old
provides a note signed by his or her parent or guardian, he or she may be permitted to work until
11:30 p.m. on the evening before a school day and beginning at 4:30 a.m. on a school day.
•
Employees under 18 years of age shall not be permitted to clean, handle, or operate any
power driven equipment as indicated by OSHA.
•
Employees must be 19 years of age to serve alcoholic beverages and hold the role of
bartender.
•
Employees under 18 years of age shall not be hired as delivery drivers and shall not drive
for the Company under any circumstances.
Revised May 27, 2021
13
Compensation & Performance Reviews
Compensation Program
The total compensation program we offer is based on a balance of our Company’s mission,
individual expectations, and economic realities. In the administration of our plan, we consider an
employee’s efforts to serve our customers, continually improve the quality of our performance,
control costs, and enhance flexibility for change. We believe our base pay, comprehensive
benefits, and incentive programs all contribute toward each employee’s complete
compensation.
In making decisions about compensation, we take into account our total compensation philosophy,
the Company’s profitability, and group and individual performance. This is balanced with our
desire to attract motivated, qualified employees to help us achieve our strategic goals.
Performance Reviews
Evaluating employee job performance and providing feedback is an important factor in making
employment-related decisions. See your supervisor for information regarding our review process.
Overtime Pay
From time to time, it may be necessary for you to perform overtime work in order to complete a
job on time. When it is necessary to work overtime we will try to provide as much advance
notice as practical.
Non-exempt employees will be paid 1½ times their regular hourly wage, or in accordance with state
law, for any time worked over 40 hours, per brand work week. The established work week:
• For Taco Bell and Fork in the Road, begins at 12:00 a.m. on Wednesday and ends at
11:59 p.m. on the following Tuesday.
• For Pizza Hut, begins at 12:00 a.m. on Tuesday and ends at 11:59 p.m. on the
following Monday. For purposes of calculating overtime payments, only hours actually
worked are counted.
On-Call and Waiting Time
From time to time, certain employees may have their start time revised or be placed “on-call.”
Employees will be paid only for the hours actually worked. When a start time is revised or an
employee is “on-call,” he or she is not required to stay on site or at home. When placed “on
call,” the employee needs to be accessible by cell phone or pager and able to report to the site
within one hour. In the event an employee voluntarily elects to stay on site until their revised
start time or during the time period that he or she is “on-call,” the employee may do so, but it is
not required or expected by the Company.
Any time an employee is placed “on-call,” regardless of whether the employee leaves the site or
remains on site, the employee will not be compensated for any on-call time unless the employee
is required to perform any duties for the Company.
Revised May 27, 2021
14
Wage Inquiries
The Company is committed to paying employees for the full amount of time an employee
performs work on its behalf. If an employee has questions about wages or payroll, they
should report the matter to:
•
•
•
His or her Supervisor/Manager; or
His or her Above Restaurant Leader; or
The Human Resources Department.
Time Clocks - Employees at Restaurants
To make sure you are properly paid, punch your timecard “In” at the beginning of the shift and
“Out” at the end of the shift. The work in your department is planned on the basis that everyone
reports on time. Tardiness, of course, results in lost time for which you are not paid. All required
training is compensable time. All computer-based training, i.e., Learning Zone, must be
completed by you (not someone else on your behalf) only at the restaurant during scheduled shifts.
You should also punch your time record showing “Out” and “In” for your lunch period.
Employees must take a full 30-minute lunch period. Notify your supervisor immediately if you
lunch is shorter than 30 minutes or if your lunch is interrupted by work.
You should not punch another person’s timecard or permit anyone else to punch yours. Do not
falsify information on your timecard. Such conduct will not be tolerated. Should you punch
someone else’s timecard by mistake, notify your supervisor immediately. Understand that
punching in time for any employee other than you is grounds for suspension and/or termination.
These records are the only ones used by the Company to calculate your pay. It is very important
that they are accurate and complete. Employees are expected to submit accurate and complete
time records reflecting all hours worked. If you also chose to keep your own personal time
records, you must provide them to the Company if you find a discrepancy between the
Company’s records and your records. Contact your supervisor with any questions about how your
pay is calculated. Promptly notify your supervisor if you notice any mistakes in your time records
or your pay.
Also, notify your supervisor if you perceive that anyone is interfering with your ability to record
your time accurately and completely. All reports will be investigated, and appropriate corrective
action will be taken. The Company will not tolerate retaliation against employees for making a
report or participating in an investigation.
Time Reporting – Restaurant Support Center
Nonexempt employees are required to complete a timecard daily. At the conclusion of each pay
period, employees must sign a PVR – payroll verification report. It is necessary for employees to
indicate whether the recorded hours are for time worked, or for time off.
Nonexempt employees must take a full 30-minute lunch non-paid period. Notify your supervisor
immediately if you lunch is shorter than 30 minutes or if your lunch is interrupted by work.
Exempt employees are required to report monthly to their department manager only time off from
their regular work schedule.
Revised May 27, 2021
15
These records are the only ones used by the Company to calculate employee pay and paid time off
balances. It is very important that they are accurate and complete. Nonexempt employees are
expected to submit accurate and complete time records reflecting all hours worked. Employees
who also chose to keep their own personal time records must provide them to the Company if they
find a discrepancy between the Company’s records and their records. Employees should contact
their supervisors with any questions about how their pay is calculated. Employees must promptly
notify their supervisors of any mistakes in their time records or pay. Employees must notify their
supervisors if they perceive that anyone is interfering with their ability to record their time
accurately and completely. All reports will be investigated, and appropriate corrective action will
be taken. The Company will not tolerate retaliation against employees for making a report or
participating in an investigation.
Pay for Exempt Employees
Exempt employees must be paid on a salary basis. This means exempt employees will
regularly receive a predetermined amount of compensation each pay period on a bi weekly basis. The Company is committed to complying with salary basis requirements that
allow properly authorized deductions.
If you believe an improper deduction has been made to your salary, you should immediately report
this information to Human Resources. Reports of improper deductions will be promptly
investigated. If it is determined that an improper deduction has occurred, you will be reimbursed
when the next out of cycle checks are paid out.
Code of Conduct
High standards of ethical behavior and workplace conduct make good business sense. They serve
as the cornerstone of the Company’s reputation. Our ability to attract customers and quality
employees depends on this reputation. Your actions may enhance, maintain, or damage the
standing that we have developed. Therefore, we expect you to exercise the highest standards of
ethics in all of your decisions that may impact the Company.
No workplace conduct statement can possibly cover every circumstance that may arise. Use good
common sense. Ask yourself if you would like to read about your behavior in the newspaper or see
a story about it on the nightly news. If there is any question about a course of action, it is your
responsibility to get clarification from your supervisor.
The following is a partial list of conduct that could result in disciplinary action up to and including
termination.
•
•
•
•
•
•
Procedural violations involving safety, security, and cash handling
Procedural violations involving food safety. This includes failure to follow the hand washing
and glove usage policy and/or failure to notify the Restaurant General Manager, Above
Restaurant Leader, or Quality Assurance of any illness or injury that may prevent you from
handling or serving food in a sanitary and healthy fashion
Willful or negligent destruction, defacing, or damaging the Company’s property
Violation of the Company’s policy regarding EEO and Unlawful Harassment
Refusal to perform assigned work
Falsifying Company documents, including but not limited to, time records, Form I-9
authorization documents, employment applications, Customer surveys, delivery
Revised May 27, 2021
16
•
•
•
•
•
time/order speed and inventory counts
Absenteeism, tardiness, or unavailability for work
Loitering in working areas inside the restaurant while off duty.
Unauthorized closing of any part of a restaurant (i.e., dining room, delivery operations,
carry-out, or drive- through) during normal business hours
Distributing or posting literature or soliciting coworkers or customers during working time or in
sales areas
Trading food product or beverage (i.e. trading pizza for free gas, etc.)
These grounds for discipline or separation of employment are not all-inclusive; however, they are
provided to give employees guidelines regarding what conduct the Company views as inappropriate.
As always, if you have questions regarding what conduct is appropriate, we encourage you to talk
with your Supervisor.
Ethics and Integrity Policy
The Company holds to ethical practices and cares about how results are achieved. It is expected
that each employee will conduct Company business with integrity and comply with all
applicable laws and policies in a manner that excludes considerations of personal advantage or
gain. In performing your job, keep in mind that:
•
Unethical and/or dishonest behavior is prohibited and may result in disciplinary action
up to and including separation of employment.
•
If the Company determines that results were obtained by unethical means, i.e., falsification
or misrepresentation, the Company may suspend, cancel, or withhold a bonus payout if
applicable. If any funds are owed to the Company, then the Company may seek
restitution to collect such funds owed.
•
It is the responsibility of each employee to report to the next level of management any
unethical business behavior, dishonestly, or falsification. Every employee has the
responsibility to ask questions, seek guidance, and report suspected violations and express
concerns regarding compliance with this policy. Retaliation against employees who use
these reporting mechanisms to raise genuine concerns will not be tolerated.
Sales of Alcohol and Tobacco
It is illegal to sell alcohol, tobacco, or another age-restricted product to customers who are underage.
In locations that sell age-restricted products, the Company requires sales personnel to ask for
valid identification from any customer to verify age before selling such items.
Forms of identification accepted by state and federal laws are:
1. A valid state-issued driver’s license with a photo.
2. A valid state-issued ID with a photo.
3. A valid federal-issued Military ID with a photo.
4. A valid Passport with a photo.
5. A valid Immigration Card with a photo.
Revised May 27, 2021
17
Examples of age-restricted items and the legal age to purchase them are:
1.
Alcohol products and non-alcoholic wine and beer cannot be purchased by anyone under the
age of 21. You must request a valid ID and verify their age before making the sale.
Violations
Any violation will lead to separation of employment, a penalty/fine, and possible police arrest for all
employees involved. Any penalties or fines charged to the restaurant will be directly charged to the
restaurant’s P&L. Any penalties or fines charged to the Employee will be the sole responsibility of
the Employee.
Confidential Information
As an employee of the Company, you may have access to proprietary, sensitive, or confidential
information. It is in our mutual interest to protect the Company’s confidential information.
Therefore, you must maintain in strict confidence all of the Company’s trade secrets, customer
names, and information, financial information, business plans, methods of operation and
techniques, product specifications, product costs, pricing information, or any other similar
information that is designated confidential by the Company.
Disclosure of confidential information might seriously damage the Company’s or clients
competitive position and therefore such action will not be tolerated. This non-disclosure
prohibition applies both during and after an employee’s employment. Any copying, reproducing,
or distributing of confidential information in any manner must be authorized by management.
Confidential information remains the property of the employer and must be returned to the
Company upon separation or at any time upon demand.
In addition, employees are prohibited from purchasing or selling securities based on information not
generally available to the public.
Conflicts of Interest
In making business decisions, all employees must exercise independent judgment for the best
interest of the Company. Personal or outside interests or relationships must not influence
employees in the performance of their jobs to the detriment of the Company.
Employees must not engage in any activities or relationships, including personal investments, which
might directly or indirectly result in a conflict of interest, or impair their independence of judgment
at work. They must not accept gifts, favors, or benefits that might tend in any way to influence them
in the performance of their job duties.
If employees have any question whether a situation is a conflict of interest, discuss the matter with
your manager. If there is disagreement, refer the matter to the President for a final determination.
Revised May 27, 2021
18
Outside Employment
If you are employed by the Company in an AGM, RGM, ARL or Office position, the Company
will expect that your position here is your primary employment. Any outside activity must not
interfere with your ability to properly perform your job duties at the Company. Second jobs,
and, in particular, employment with competitors is considered a conflict of interest. If you are
considering a second job or business venture or are currently involved in such activity, notify
your Manager or Human Resources immediately for approval.
Employee Problem Procedure
If you have a work-related problem or concern, you are encouraged to use the following procedure.
If you have a problem, normally it should be discussed immediately with your supervisor, if it is
appropriate.
1. If you and your supervisor were not able to resolve the issue, request an opportunity to
discuss the matter with the department manager and a representative of the Human
Resources Department. This normally should be done within ten working days. Usually,
the problem is satisfactorily resolved at the department level.
2. However, if the problem is not resolved to your satisfaction at this level, you may appeal the
matter within ten working days to the ARL in charge of your division. Such an appeal should
be presented in writing stating the nature of the problem.
If you still do not feel the problem has been resolved, you may make a written appeal within ten
working days to the President of the Company. The President’s decision, or the decision of the
President’s designee, on behalf of the Company is final.
Discipline and Discharge
An employee’s conduct is a major factor affecting the health and growth of the Company. It is also
an important aspect of the Company’s image within the community.
When management finds an employee’s, performance is unsatisfactory, or an employee’s
conduct is unacceptable, disciplinary action may be taken. The discipline may range from
informal discussion with the employee to immediate discharge, depending on the Company’s
opinion of the seriousness of the situation. Any action taken by management in an individual case
should not be assumed to establish a precedent in other circumstances.
Revised May 27, 2021
19
Dress Code/Personal Appearance/Uniform Standards
All employees are required to be in complete uniform and ready to work at the start of their shift. This
includes and is not limited to:
• Approved Taco Bell Uniform Shirt
• Taco Bell Hat or Visor (with a hairnet)
• Taco Bell Uniform Apron
• Self-Supplied black pants or approved jeans (Must be worn at the waist and not sagging)
o Approved black pants (No cargo, not faded)
o Approved jeans (Dark denim or Black in color, not faded)
o No acid wash
o No embroidered pockets
o No embellishments (bling) on pockets or anywhere
o No frayed bottoms
o No skinny or tight-fitting jeans of any kind
o No leggings
• Self-Supplied SOLID BLACK belt (optional) Must be worn if shirt is tucked in
• Black socks
• Black shoes (slip-resistant, solid in color, no cloth, toes and ankles must be covered)
• Approved black Taco Bell Logo Jackets may be worn when weather permits
• All undershirts must be solid black in color.
• Employees may not wear jeans or shorts.
Additional requirements include, but are not limited to:
• Maintain a clean and neat appearance free of any offensive odors.
o Must come to work with a clean uniform free of excessive wrinkles.
o Do not wipe hands on apron or uniform.
o Maintain uniforms, wash regularly, and keep free of stains.
• Jewelry Policy
o No visual necklaces may be worn.
o No bracelets, watches or rings (exceptions for plain wedding bands) can be
worn.
PIERCINGS:
o Limit of one pair of earnings no larger than ¼“ studs. No hoops AND cannot
dangle.
o Ear gauges must be ¼“ or smaller. (ALL LARGER GAUGES MUST BE
REMOVED)
o A single nose piercing is allowed. (stud with a back, NO HOOPS)
o No eyebrow, lip, cheek or tongue piercings. No other visual body piercings may
be worn in the restaurant.
• All fingernails need to be clean and free of all dirt, nail polish, acrylic, or gel.
• Cell phones, MP3 players and other personal media devices are not permitted on
your person or in customer view. These items may only be used in designated areas
during your break.
• No eating, drinking, gum chewing and absolutely no smoking in customers view at any
time. (All drinks must be covered with a lid at all times)
Revised May 27, 2021
20
•
•
Men are to be clean shaven. Permitted facial hair includes a groomed mustache and/or
goatee.
Tattoos, if visible, may not include profanity, gang association, or be offensive in nature.
Absolutely no facial tattoos are permitted. (a black long sleeve shirt may be required)
If you believe that complying with any provision of this policy would discriminate against you
based on a medical condition, disability, your religious beliefs or practices, or for any other reason,
please contact Human Resources to discuss the matter and/or to request an accommodation.
Office Employees
Employees working in the office may wear casual business attire unless attending a meeting
that requires more formal business attire such as a suit.
Above Restaurant Leaders and Restaurant General Managers
Above Restaurant Leaders and Restaurant General Managers must wear professional dress or
management uniform attire. Professional dress includes neatly pressed pants, skirts, shirts, or
blouses. Slip resistant and closed toe shoes should be worn at all times.
Restaurant Employees
Uniforms, grooming, and general appearance standards will be consistent with those found in the
brand specific operations manual found at the back of this handbook.
Drugs and Alcohol
To ensure a safe and productive work environment the Company prohibits the use, sale, manufacture,
distribution, or possession of alcohol (except as part of business operations), drugs, controlled
substances, medical marijuana, or drug paraphernalia on any Company premises or work sites. This
prohibition includes Company-owned vehicles, or personal vehicles being used for Company business
or parked on Company property. Additionally, Peterson Burge Enterprises may take disciplinary
action, including discharge, for the illegal off-duty use, sale, manufacture, distribution, or possession
of drugs and controlled substances and the illegal use or distribution of alcohol.
No employee shall report to work or be at work with alcohol or with any detectable amount of
prohibited drugs in the employee’s system. A detectable amount refers to the standards generally
used in workplace drug and alcohol testing. Additionally, in states where medical marijuana is
permitted, a medical marijuana registry identification cardholder may not work while impaired by
medical marijuana.
When an employee must take prescription or over-the counter drugs, the employee must ask the
medical professional or pharmacist if the drug has any side effects that may impair the employee’s
ability to safely or productively perform the employee’s job duties. If there is potential impairment
of the employee’s ability to work safely or productively, the employee must report this information
to the supervisor. With input from the employee, the Company will determine if the employee should
work in his regular job, be temporarily assigned to another job, or be placed off work.
Testing is an important element in the Company's efforts to ensure a safe and productive work
Revised May 27, 2021
21
environment. The Company undertakes testing in the following situations and under the following
conditions:
•
Reasonable Suspicion Testing
The Company may require employees to submit to a drug and/or alcohol test to determine the
presence of alcohol or drugs, or the improper use of prescription drugs, where the Company has
reason to suspect that an employee may be under the influence of and/or impaired by alcohol or
drugs. Reasonable suspicion could be established by, for example, an employee’s error that may
have been the cause of an accident, injury or property damage while on Company time, and/or
based upon current, specific observations of an employee’s behavior, bodily odors, appearance,
speech or actions.
•
Post-Incident Testing
The Company may require drug and/or alcohol testing for any employee who suffers a jobrelated injury that necessitates a call to the Company’s medical services provider.
All testing must occur within 24 hours of receipt of testing site directions. Failure to undergo testing
within this time period (unless prevented from doing so by testing facility closure) may lead to
termination. Employees who refuse to submit to a drug and/or alcohol test when required by this
policy may be terminated. Attempts to adulterate, substitute, dilute, tamper with, or otherwise evade
the testing process will be treated as a refusal to test.
Testing will normally occur during, or immediately before or after a regular work period. The time
for testing and transportation to and from the testing facility is considered work time and employees
will be paid their normal hourly rate during the testing and travel time. The Company will pay for all
drug and alcohol testing it requests or requires. The Company will require the employee being tested
to be driven to and from the testing facility, either by a supervisor or other designated employee or
by taking a cab for which the Company will pay.
Testing Procedures
Only laboratories that are properly approved to conduct drug and alcohol testing by the U.S.
Department of Health and Human Services, the College of American Pathologists or the Arizona
Department of Health Services will test specimens.
Professional personnel at the testing facility will privately collect urine, breath, hair, blood and/or
other specimens. In the absence of a reasonable suspicion that the employee will alter or substitute a
urine specimen, the collection personnel will not directly observe the collection of the urine specimen.
Specimens will be tested only for the presence of alcohol, illegal drugs (a drug that is unlawful to use
or possess under federal, state or local law), and their metabolites.
The Company will rely only on positive initial screening test results that also have been confirmed by
methods of
Revised May 27, 2021
22
confirmatory analysis provided for by the U.S. Department of Health and Human Services, the
College of American Pathologists, or the Arizona Department of Health Services ("confirmatory
test").
Suspensions Pending Test Results
Employees who are required to undergo drug and/or alcohol testing under this policy will be temporarily
suspended pending receipt of test results and written explanations. If an employee is suspended and the
final confirmatory test result is negative, the employee will be reinstated immediately with full back pay
as long as there are no other policy or procedures violations.
Test Result Reports
The Company or its designee will promptly communicate test results to the tested employees. Tested
employees have the right, upon request, to obtain the written results of their test and the right, upon
request, to an explanation of a positive test result in a confidential setting. If the laboratory result is a
confirmed positive and the individual does not provide an acceptable explanation of a legitimate use
of the controlled substance or a legitimate reason why alcohol is present, the employee will be
terminated.
All testing results will remain confidential. The Company will not disclose test results to third parties
except as authorized by the employee or as authorized, permitted, or required by applicable law. Only
other employees with a business need to know will be made aware of the test results within the
Company.
Any violation of this policy will result in disciplinary action up to and including termination.
Tobacco-Free Work Environment
The Company wants to promote a healthy work environment. Therefore, smoking in any form
through the use of tobacco products (chewing tobacco, pipes, cigars, and cigarettes) or ‘vaping’ or
‘e-smoking’ with e-cigarettes is prohibited anywhere on the Company’s property, except in
designated areas. If you are uncertain which area has been designated at your restaurant, please ask
the Manager in Charge. Smoking in any form and other use of tobacco is prohibited during
working hours except on authorized breaks. This restriction applies to all employees, vendors,
visitors and guests in our dining rooms.
Gun Free Workplace
The Company strictly prohibits, during non-work hours and working hours, weapons of any type
in its facilities, Company vehicles, while performing services for the Company while off Company
premises, and at any Company- sponsored events. This includes visible and concealed weapons,
even those for which the owner has obtained the necessary permits. This policy does not include
firearms that may be locked in your personal vehicle on Company property.
The Company will not prohibit Customers from the lawful carry or possession of firearms.
While this list is not all-inclusive, “weapons” includes firearms, knives, any explosive materials, and
any other objects that could be used to harass, intimidate, or injure another individual.
Revised May 27, 2021
23
Violators of this policy will be subject to disciplinary action, up to and including termination.
The Company reserves the right at any time and at its discretion to search all vehicles, packages,
containers, briefcases, purses, lockers, desks, enclosures, and persons entering its property for the
purpose of determining whether any weapon has been brought into its facilities in violation of this
policy. Employees who fail or refuse to promptly permit a search under this policy will be subject
to discipline up to and including termination.
Guests and Visitors
Visits from friends and family are to be kept to a minimum in order to preserve an appropriate work
environment. It is extremely important that the impression left with the Company’s visitors is that of
a professional organization with the highest standards of conduct.
For the Restaurant Support Center, emergencies in which children must be in the office for an
extended length of time are to be kept to an absolute minimum. The Company may not be used
as a substitute for regular child care of employees' children. On those occasions when children are
present, they should not be allowed to disrupt others in the office. Your child is your responsibility
and must be under your direct supervision at all times. If a child is ill, you must present a doctor's
note to your immediate supervisor indicating the child is not contagious. Under no circumstances
may children provide work for the Company, unless the child is hired as an employee pursuant to
Company policies. If you wish to bring a minor child to work you must receive prior authorization
from your supervisor.
For all other locations, children are not permitted in the workplace.
The Company reserves its right in its sole discretion to deny such a request for reasons including,
but not limited to, the requested guest or visitor has been disruptive in the past, there is a special
event scheduled on the date(s) requested, or the work environment.
Threatening/Violent Conduct
The Company prohibits acts or threats of violence on the Company’s premises or directed at
the Company’s employees or customers. The following are more specific examples of
prohibited threatening/violent conduct, although they do not include all forms of prohibited
threatening/violent conduct:
•
•
•
•
•
•
•
•
•
Hitting or shoving an individual.
Threatening an individual or his/her family, friends, or property with harm.
Possession or use of firearms or weapons on the Company’s premises.
Intentional destruction or threat of destruction of the Company’s property.
Bullying or threatening phone calls or correspondence including, but not limited to electronic
correspondence
Coercive surveillance or stalking.
Suggestion that violence is appropriate.
Bullying
Any other act, which in management’s opinion, is intended to cause reasonable fear of imminent
physical harm
Revised May 27, 2021
24
Any Employee found to be engaging in violent or threatening conduct will be subject to
appropriate disciplinary action including possible separation of employment.
Employees should not confront individuals that are engaging in violent or threatening
behavior.
Employees who believe they have been subjected to prohibited conduct should immediately
report the conduct to his or her manager, Above Restaurant Leader, or to Human
Resources.
Employees should directly contact proper law enforcement authorities if they believe there is
a serious threat to the safety and health of themselves or others.
Personal Vehicle Use for Business Purposes
In general, the following applies to all Employees using his or her personal vehicle for business
purposes.
Your driving is a direct reflection on you and the Company. We require all Employees who drive
for company business purposes to:
•
•
•
•
•
•
•
Abide by all traffic laws
Heed all traffic signs and signals
Practice defensive driving
Maintain good driving records
Have a valid driver’s license
Proof of current vehicle insurance
For Employees Receiving a Car Allowance and Pizza Hut delivery drivers: Employees
that receive a car allowance and Pizza Hut delivery drivers are subject to an annual
Motor Vehicle Record (MVR) check. Employees in these positions must provide written
and signed authorization for the Company to complete the MVR check. Failure to provide
authorization will result in not allowing the employee to drive for Company business
purposes. Any MVR that receives a “Failing” score will be reviewed by the Company
using all sources of information that are available. Based on this information drivers with
a failed MVR may be immediately disqualified from driving, suspended without pay, reassigned to a non-driving position, if available, or terminated at the option of the
Company. The company reserves the right to request proof of vehicle insurance of all
individuals within the organization that require use of a vehicle, be it personal or
company owned, every six months.
Revised May 27, 2021
25
No Solicitation/No Distribution Policy
Interpretation Employee Solicitation
Employees are not permitted to solicit during working time and in dining areas. An
employee may not solicit another employee during the latter’s work time.
Employee Distribution of Literature
Employees are not permitted to distribute literature during working time or in working areas.
Definitions
Work-Time -- Time that an Employee is expected to be available to perform work duties.
Working time does not include time that an Employee is on break, meal break, or otherwise
properly not expected to perform his duties.
Work Area -- Any area where an Employee customarily performs their work. Work areas do not
include areas such as the parking lot, restroom, public sidewalks, or other areas not involving
production or customer service.
Solicitation by Non-employees:
Non-employees are prohibited from soliciting or distributing materials for any reason on
company property at any time.
Bulletin Boards:
Bulletin boards are for company business only.
Workplace Searches
An Employee’s acceptance of employment with the Company constitutes his or her
acknowledgment that the Company may search his or her work area and personal belongings on
company premises, and constitutes his or her consent to such searches. An Employee’s violation
of his or her duty to cooperate in any company search may result in discipline up to and including
separation of employment.
Employees may not furnish their own locks or other security devices for purposes of securing
their personal belongings at work. Instead, if deemed necessary and appropriate, the Company will
issue an employee a lock for a secured area. The Company will document and maintain all
employee-issued locks or security codes.
In addition to conducting searches, the Company may use surveillance equipment at any
time and in any place permitted by law. The Company reserves the right to seize all drugs,
alcohol, paraphernalia, other contraband, weapons, and other prohibited items found on its
premises and turn over such evidence to the appropriate authorities.
Because a search might result in the discovery of an employee’s personal possessions, all
Revised May 27, 2021
26
employees are encouraged to refrain from bringing into the workplace any item of personal
property that they do not wish to reveal to the Company.
The Company’s Property
In order to ensure access at all times to Company property, and because employees properly in
possession of Company property or information related to Company business may not always be
available, the Company reserves the right to conduct a routine inspection or search at any time
for Company property on Company premises. In addition, the Company may conduct
unannounced searches for illegal drugs, alcohol, paraphernalia, other contraband, weapons, or
other prohibited items on Company premises. Such searches may be conducted at any time,
with or without police involvement. Searches may be conducted without the Employee being
present, and without his or her knowledge or consent. Employees are expected to cooperate in the
performance of such searches upon request. All fixtures, furniture, equipment and office
furnishings located on Company premises are the Company’s property and subject to inspection
or search with or without notice at any time as may be deemed advisable by the Company’s
management. All areas on the Company’s premises including, but not limited to, lockers, desks,
work areas, storage areas, cabinets, equipment, cash registers, and file cabinets are under the
Company’s control. Employees have no privacy rights with respect to such areas.
Employee Belongings
The Company may search employees’ personal belongings for illegal drugs, alcohol,
paraphernalia, other contraband, weapons, or other prohibited items on the Company’s
premises. Such searches may be conducted at any time, with or without police involvement.
Although searches may be conducted without the employee being present, the Company will
request the employee’s consent prior to the search. Refusal to give consent may result in
disciplinary action, including termination. Employees are expected to cooperate in the
performance of such searches upon request. Items such as purses, backpacks, bags, pockets,
wallets, lunchboxes, other carrying devices, and personal vehicles parked on the Company’s
premises are subject to inspection.
Confidentiality
Managers conducting workplace searches are instructed to keep information relating to the
search as confidential as possible and only disclose such information to the Company personnel
who need to have the information to carry out the Company’s policies. If a manager obtains
information concerning an Employee during a search that is not work- related (e.g., the
Employee’s use of prescription drugs, the presence of birth control devices, etc.), that information
shall not be disclosed.
Electronic Device & Computer Usage
Electronic Device & Computer Usage
Peterson Burge Enterprises is committed to maintaining the integrity of its confidential and
proprietary information and preventing unauthorized access to the Company’s information and
helping to safeguard employees through the use of its technology infrastructure.
Revised May 27, 2021
27
Restaurant Recording Policy
The use of any type of camera, video, or other recording device, including cell phone cameras by
an employee is strictly prohibited within the restaurant. The only exceptions are for customers’
personal photos and for business activities preapproved by the Above Restaurant Leader or
corporate Marketing Department. Peterson Burge Enterprises does employ video and audio
surveillance devices within its restaurants. Such systems are provided to deter theft and criminal
activities, whether from inside or outside the organization. As an employee of Peterson Burge
Enterprises, you explicitly consent to such recording and understand that such recordings may be
used at the company’s discretion in internal, civil, or criminal investigations.
Computer Network and related Equipment
The Company’s computer network includes but is not limited to all fileservers, computers,
printers, scanners, hubs, communications servers, fax servers, e-mail systems, Internet services,
modems, cell phones, tablets, laptops and any other equipment which is owned by the Company
and transmits and receives data from the Company’s private data network through any wired or
wireless telecommunications equipment or service. The network consists also of all data contained
therein or on any removable media, including copies and original software media and
documentation. Any message or file created, stored, and/or sent using the Company’s computer
network is the property of the Company.
Employees should have no expectation of privacy in any message, file, or software that is
created, stored, sent, or retrieved using Company equipment or the Company’s computer network.
All data, which resides on the Company’s Computer Network is considered the property of Desert
de Oro Foods Inc. and may be subject to discovery in the event of litigation. Any use of Company
equipment for personal use including social media, emails, web-browsing, telephone calls, etc. is
forbidden.
Any Desert de Oro Foods Inc Computer Network equipment and related services may not be
used for transmitting, retrieving, or storing any communications of a defamatory,
discriminatory, illegal, or pornographic nature. You also may not use abusive, profane, or
patently offensive language. You may not engage in any illegal activities including piracy,
cracking, hacking, extortion, blackmail, copyright infringement or the unauthorized or attempted
unauthorized access of any computers or systems which you have not been granted access
including any asset of the Company’s Computer Network.
Computer equipment should not be removed from the Company premises without written approval
from a department head. Upon separation of employment, all communication tools should be
returned to the Company via your Manager or the person whom you report to. This person is then
required to immediately return such devices to the Desert de Oro Foods Inc IT Lifecycle
Manager.
Employees in possession of Company equipment such as cell phones are expected to protect the
equipment from loss, damage, or theft. Any devices that are not returned or are returned in a
damaged condition may be subject to replacement or repair costs on such equipment, which is
laid out on the corporate device checkout sheet for such equipment.
Any network transmission or access via any Desert de Oro Foods Inc network including the cabled,
Wi-Fi, VPN, or leased line networks may be monitored, recorded, or reviewed to ensure that their use is
Revised May 27, 2021
28
authorized, for management of the system, to facilitate protection against unauthorized access, and to
verify security procedures, survivability of the Corporate Computer Network, and for operational
security. By utilizing any Desert de Oro Foods Inc network you explicitly consent to and
acknowledge the possibility of such monitoring whether such access occurs on a Peterson Burge
Enterprises owned or personal device.
E-Mail Use
The Company encourages the use of e-mail because it makes communication more efficient
and effective. The following guidelines have been established for Employee use of e-mail.
Any improper use of e-mail will not be tolerated.
Employees are responsible for the content of all text, audio, or images that they place or send
over the Company’s e- mail system. All messages communicated on the Company’s e-mail
system should contain the sending Employee’s name. It is impermissible to send
communications that conceal the sender’s identity, such as the use of aliases or anonymous
mailers.
All messages created, sent, or retrieved over the Company’s e-mail system are the property of the
Company and should be considered public information. The Company reserves the right to access
and monitor all messages and files on its e- mail system. In addition, the Company may access
messages that have been “deleted” by Employees.
Etiquette
The Company’s e-mail may not be used for transmitting, retrieving, or storing any communications
of a discriminatory or sexually harassing nature, or materials that are patently obscene or
pornographic. Communications that are derogatory or inflammatory based on race, gender, age,
disability, religion, national origin, sexual orientation, or any other protected class status shall not
be transmitted, created, forwarded, or printed. No abusive, profane, or patently offensive
language is to be transmitted through the Company’s e-mail system. Full social security numbers
must not be transmitted via electronic media. Company practice is to use the last four digits if
necessary, for identification purposes. Electronic media may also not be used for any other purpose
that is illegal, or contrary to Company policy. Solicitation of non-Company business or any use of
the Company’s e- mail for personal pecuniary gain is prohibited. Communications that disclose
confidential or proprietary Company information, financial data, sensitive or personal information
of clients is not to be shared with anyone outside of Desert de Oro Foods Inc without prior
approval from HR or the Risk Department and only then on an as-needed basis. Any internal
Communications which contain any sensitive information must be conducted on an as-needed
basis. Communications of this nature to an e-mail group or distribution list is prohibited.
Restricted Access
Access to the Company’s computer network and its components will be granted only to employees
who need access in order to perform their assigned job duties. Unauthorized use of the
Company’s equipment or unauthorized access to restricted information is strictly prohibited.
Password Security
Ensure security of your passwords and the passwords of other computer users. You are responsible for
the electronic transactions of your ID and Password. The following practices will promote password
security:
Revised May 27, 2021
29
•
•
•
•
•
•
•
•
•
Do not share passwords with anyone
If someone else knows your password, you are responsible for changing it
Never leave a computer without signing off
Respect the privacy of other users when they sign on with a password
Only the person who is signed on may use a computer that is secured by passwords
Refuse to sign on using another person’s password
If you become aware of someone else’s password, insist that the unsecured password be reset
Avoid choosing a password that is obvious or short like names, initials or repetitive numbers
All vendor-supplied defaults must be changed
Desert de Oro Foods Inc. reserves the right to modify or enforce password security options on its
Computer Network at any time.
Software
Most commercially available software programs are protected by copyrights that generally
prohibit copying or other reproduction of the software, except for backup or archival purposes.
Violations of software licensing agreements and copyright violations, whether or not intentional,
are contrary to the Company’s standard of conduct. In the event that the Company believes that
an Employee is acting in a manner that is contrary to this policy, the Company may, without notice
to the Employee, decide to investigate such activities, including a review of any software or related
documents and data. Employees found making copies of software for unauthorized reasons are
subject to disciplinary action and may be subject to civil and criminal penalties, including fines
and imprisonment.
The purchase of any software product should be directed to the Peterson Burge Enterprises
Corporate IT Department for review and approval and to facilitate license tracking and license
compliance.
Data Security and Transmission Policies
Desert de Oro Foods Inc Employees are required to use approved encryption and transmission
technologies which may be defined by the Corporate IT and/or Risk Management Departments
to preserve the confidentiality of, control access to, and control accessibility to any data that is
deemed confidential, sensitive, private, or restricted. This data includes any trade secrets,
business plans, financial data, confidential information, Protected Healthcare Information (PHI),
Electronic Protected Healthcare Information (EPHI), social security numbers, or any data
regulated by the Health Insurance Portability and Accountability Ace (HIPAA) or the Payment
Card Industry Data Security Standard (PCI-DSS). Collectivity this information will be referred
to as “confidential information” for the purposes of this policy. This policy applies to all
information resources as defined by this policy involved in the transmission process, electronic or
otherwise, of said information.
Transmission or dissemination of all confidential information must be the minimal amount of
information necessary to comply with the request or use. All transmissions of a confidential nature
to an entity outside of Desert de Oro Foods Inc must utilize an encryption mechanism between the
sending and receiving entities approved by the Corporate IT Department, its consultants or Risk
Management.
Revised May 27, 2021
30
All storage of data of a confidential nature on any removable media including CDs, DVDs,
magnetic tape, removable hard drives, flash drives, USB drives, thumb drives, etc. or other
hardware devices which store data must be encrypted to ensure that such confidential information is
protected against unauthorized use or disclosure in the event of loss or theft.
Under no circumstances will transmissions of confidential information via email outside of
the Desert de Oro Foods Inc be allowed without e-mail encryption, which may be approved
by the Corporate IT Department, its consultants, or Risk Management’s approval.
Under no circumstances will any “file sharing” or “Drop box” style service provided by a third-party be
allowed for the storage, transport, or transmission of any confidential information without the
Corporate IT or Risk Management Departments approval. Under no circumstance shall confidential
information reside on the desktop, My Documents, or any related hard drive or folder of any restaurant
PC, laptop, or mobile device for longer than is necessary to successfully transmit the information via
an approved method to the RSC. Any confidential information which resides on any storage medium
on any such devices where there is a legitimate business need must employ encryption technologies
to secure such information.
Under no circumstance should any confidential information be relayed to any third party, including
verbally, who does not have a direct need to know such information.
Under no circumstance will the transmission or copying of any confidential information to your,
or any other employee’s personal email account, an email account outside of the control of Desert
de Oro Foods Inc., or any third party be tolerated where there is no business requirement of such
transmission or the transmission appears to be malicious or illegal in nature. Such transmission
will be investigated as data theft and may be turned over to authorities for prosecution of data
theft or identity theft laws.
Under no circumstance should any Employee of Desert de Oro Foods Inc. utilize an unsecured or
“free” Wi-Fi hotspot to access corporate information without the use of an approved Virtual
Private Network. All encryption technologies must be approved by the Corporate IT
Department, its consultants, or Risk Management.
Online Services and Related Accounts
Desert de Oro Foods Inc Employees are required to utilize email addresses provided by Desert de
Oro Foods Inc to establish all accounts for online services that require a username, password,
and/or email address for or from which Desert de Oro Foods Inc business is conducted. This
includes any software or hardware registration or registration at any third-party website.
Conversely, it is forbidden to utilize any email address provided by Desert de Oro Foods Inc for
the registration at any third party’s website or service for personal use.
Corporate Private and Guest Wireless Internet Access
To facilitate communication and control security, Desert de Oro Foods Inc may provide Wi-Fi
access at your location. All devices that are owned by Desert de Oro Foods Inc must connect to
the secure corporate Wife network, if provided. Such networks will be denoted by “Private” at the
end of the wireless network name. Under no circumstances should the Wi-Fi password be
Revised May 27, 2021
31
provided to any Desert de Oro Foods Inc employee that does not have a company owned device.
Under no circumstances should the Wi-Fi password be provided to any third party or person who
is not an employee of Desert de Oro Foods Inc.
Under no circumstances shall any personal or non-Desert de Oro Foods owned devices be joined
to a secure corporate network as denoted by a “Private” indication in the Wi-Fi Network name.
Such devices should only be joined to the “Guest” network. Any personal devices violating such
policies will be blacklisted from the corporate Wi- Fi network, as determined at the sole discretion
of the Corporate IT Department or its consultants.
Any network transmission or access via any Desert de Oro Foods Wi-Fi network including the
Private or Guest network may be monitored, recorded, or reviewed to ensure that their use is
authorized, for management of the system, to facilitate protection against unauthorized access,
and to verify security procedures, survivability of the Corporate Computer Network and for
operational security. By utilizing any Desert de Oro Foods Wi-Fi network you explicitly consent
to and acknowledge the possibility of such monitoring whether such access occurs on a Desert
de Oro Foods Inc owned or personal device.
Internet Usage and Related Communications
Access to the Internet is restricted to use for Company business purposes. Employees should have
no expectation of privacy in any use of Internet services provided by the Company. Employees with
access to the Company’s Internet service are expected to act in a professional business manner.
Access to and utilization of the Company’s Internet network for non-business purposes, such as
entertainment, shopping, gambling, to support a private business, or for personal e-mail is expressly
forbidden.
No Employee may create or maintain any personal Internet posting during work hours. The use of
Company computer networks (or other Company-provided devices) to create or maintain Internet
postings of any type including Social Media sites, even outside of work hours, is strictly prohibited.
Voice Mail
Employees are responsible to make certain their voice mail messages are reviewed in a timely
fashion. When employees know that they are going to be out of the office for a day or more, they
must leave messages on their voice mail stating when they will be returning messages, and who
will be an alternative contact in the meantime.
Telephones/Cell Phones/PDAs
In the interest of good business practice, telephone calls, including those made with cell phones
and mobile devices must be minimal and not interfere with employees’ performance of their jobs.
Personal use of the Company telephones for long distance is not permitted.
The Company provides cell phones and mobile devices to those employees who need them to perform
their jobs. Such devices are intended for business use. Therefore, personal calls should be limited to
those absolutely necessary in emergency situations and should be brief.
Personal Cellular Telephones
While at work, employees are to exercise the same discretion in using personal cell phones as they do
when using Company phones. Personal calls during the workday, regardless of the phone used, can
Revised May 27, 2021
32
interfere with employee productivity and distract others. The Company follows a reasonable policy of
limiting personal calls to breaks and meal periods. Employees are, therefore, asked to make all
personal calls on non-work time and to ensure that friends and family members are aware of this
policy. Flexibility will be provided in circumstances demanding immediate attention.
Under no circumstance will the Company be liable or responsible for lost or stolen personal cell phones
brought to the workplace.
Personal Use of Company Provided Cellular Telephones
When job or business needs demand immediate access to an employee, the Company may issue a
business cell phone to an employee for work-related communications. To keep costs down and to
prevent the employee from incurring a tax liability for the personal use of this equipment, such
phones are to be used for business reasons only. Any phones issued under this policy are Company
property and the Company may, at any time, monitor any employee’s use of the phone and may audit
the phone bills to ensure that no unauthorized use has occurred. Personal calls will be limited to
emergencies only.
Safety Issues for Cellular Telephone Use
Employees whose job responsibilities include regular or occasional driving and who are issued a
cell phone for business use must never use their phone while driving. Safety must come before all
other concerns. Regardless of the circumstances, including slow or stopped traffic, employees
should avoid the use of all company and personal cell phones while driving. Employees are
required to follow all local laws and ordinances regarding use of cellular telephones while
operating a motor vehicle. Employees are not permitted to text while operating a motor vehicle
and can only text when the vehicle is at rest in the shoulder lane or lawfully parked. Any citations
or moving violations, which are incurred by an employee while in company vehicles or on
company time, are the responsibility of the Employee. The result of or liability that results from
any action by an Employee who violates this policy is the responsibility of the Employee. Special
care should be taken in situations where there is traffic, inclement weather, or the employee is
driving in an unfamiliar area.
Employees whose job responsibilities do not specifically include driving as an essential function,
but who are issued a cell phone for business use, are also expected to abide by the provisions above.
Under no circumstances are employees allowed to place themselves at risk to fulfill their job duties
or business needs.
Social Media Policy
This policy provides guidance for employee use of social media, which should be broadly
understood for purposes of this policy to include blogs, wikis, micro blogs, message boards, chat
rooms, electronic newsletters, online forums, social networking sites, and other sites and services
that permit users to share information with others in a contemporaneous manner.
If there are situations where news stations, radio personalities or the like visit a restaurant or call
seeking information from the Company, they must be referred to the Taco Bell Corporate Media
line which is 1-949-863-3915.
The following principles apply to appropriate use of social media on behalf of Peterson Burge
Enterprises as well personal use of social media when referencing Peterson Burge Enterprises.
Revised May 27, 2021
33
•
•
•
•
•
•
•
•
•
•
Employees need to know and adhere to the Company’s Code of Conduct, Employee
Handbook, and other Company policies when using social media in reference to Peterson
Burge Enterprises.
Under no circumstance is an Employee to create, manage, or operate a social media account
that represents Desert de Oro Foods Inc or its affiliated companies or subsidiaries without
approval from the Corporate Marketing Department. Any existing accounts or knownexisting accounts must immediately be turned over to the Desert de Oro Foods Marketing
Department. Violation of this policy may result in immediate termination.
Although not an exclusive list, some specific examples of prohibited social media conduct
include posting commentary, content, or images that are defamatory, pornographic,
proprietary, libelous, or that can create a hostile work environment.
Employees are not to publish, post, or release any information that is considered
confidential or sensitive including private details about any customer. If there are questions
about what is considered confidential, employees should check with the Human Resources
Department and/or the Risk Management Department.
Social media networks, blogs and other types of online content sometimes generate press
and media attention or legal questions. Inquires that arise from Employees use of social
media on behalf of Desert de Oro Foods Inc should be referred to the Risk Management
Department.
Employees must get appropriate permission to use third party’s copyrights, copyrighted
material, trademarks, service marks or other intellectual property.
Social media use should not interfere with an employee’s work or performance of duties
on behalf of the Company. Company computer systems are to be used for business
purposes only. Personal use of social media networks or personal blogging of online
content during work time is prohibited and could result in disciplinary action.
Subject to applicable law, after-hours online activity on personal accounts that violates the
Company’s Code of Conduct or any other company policy may subject an employee to
disciplinary action or termination.
It is imperative and required that Employees keep Desert de Oro Foods Inc related social
media accounts separate from personal accounts.
It is highly recommended that RGM and ARL representatives not ‘friend’ employees on
social media accounts as this could create a conflict of interest for both parties involved or
appear as “favoritism” to other employees. If one currently has this situation occurring, it is
suggested that these individuals be removed from ones’ site.
Communication via Cell Phones and Mobile Devices
The Company will not accept or recognize text messages from any employee regarding or
relating to any matter affecting your employment, including but not limited to your work hours,
work schedule, inability to report to work on time request time off, or to notify the company of an
emergency.
When requesting time off, reporting an absence, communicating your inability to report for work
on time or for your entire shift, communicating with the company regarding your work schedule
or hours, or for any other matter relating to your employment, you must communicate with the
Company by telephone, facsimile, or email. The Company will not recognize any communications
concerning your employment that are sent by text message, including notifications of absences or
lateness, and any employee sending such communications by text message will be subject to
disciplinary action, including possible termination, for your failure to properly notify the company
Revised May 27, 2021
34
of your tardiness or absence and for violating this policy.
Violations
Any Employee who engages in improper computer use detailed in this policy will be subject to
corrective action up to and including separation of employment. If necessary, the Company reserves
the right to advise appropriate officials of any illegal activity.
Safety
Desert de Oro Foods Inc. seeks to provide a safe and healthy work environment for all of its
Employees. Safety in the work place depends on the personal commitment of each Employee.
You are expected to correct or report to your supervisor or Above Restaurant Leader any unsafe
conditions you encounter, and you are required to comply with any safety procedures established
by the Company.
Work-Related Injuries
If you are injured on the job, you must report the injury immediately to the Manager in Charge.
This prompt notification is required so that the Company can seek appropriate treatment for you if
required and comply with its obligations to report work-related injuries. In the back of the Blue
and Red Books (Taco Bell and Pizza Hut) are instructions for injuries. Ensure that HR is notified
and a CIRK Kit (green envelope of materials) is completed and mailed out ASAP.
Workers’ Compensation
The Company offers workers’ compensation coverage for all Employees to provide certain
benefits for injuries suffered in connection with employment. Consult your supervisor if you have
specific questions regarding workers’ compensation coverage.
PRC and Guest Related Concerns
All PRC calls that reference guest injury, food borne illness or foreign object in their food are to be
handled by the RISK department only. When these concerns are received via email or in person
immediately reach out to RISK to inform them of the situation.
Leaves of Absence
Desert de Oro Foods Inc may grant Employees paid or unpaid leaves of absence for various
reasons. The following general rules apply to leaves of absence and their effect on
compensation and benefits:
Personal Leave of Absence (Non-Medical)
For non-medical reasons qualifying Employees are eligible for a maximum of thirty (30)
calendar day leaves of absence with the approval of your Supervisor and of Human Resources.
Employees are eligible to apply for an unpaid leave of absence if they have been an employee of
the Company for at least (12) months. Approval of the leave request will be at the discretion of
his/her supervisor and Human Resources. The request for leave will be reviewed based on the
Revised May 27, 2021
35
reason for the request, previous attendance, and performance/disciplinary record, previous leave
requests, and the impact the absence will have on the Company.
Written request may require verification. A completed form must be signed and dated and
returned to Human Resources as far in advance as possible prior to start of the leave.
Employees are required to use any accrued vacation and/or sick time (if applicable) concurrently
with a Personal Leave of Absence.
If leave is granted, Human Resources will determine which benefits are eligible to continue
during the leave. If an employee wishes to continue any of the eligible benefits, payment of
premiums must be arranged directly with Human Resources.
An eligible Employee must return on the first scheduled workday following the expiration of the
Leave of Absence. If not, the eligible employee will be separated from employment unless
approved by management and Human Resources. Extension requests beyond the original 30
days are granted on an exception basis only and for extraordinary circumstances and must be
received within a reasonable time prior to the expiration of the original approved Leave of
Absence, preferably at least seven (7) calendar days before the return to work date.
If an eligible employee approaches his/her supervisor about going on a Leave of
Absence, the supervisor should contact Human Resources as soon as possible.
Family and Medical Leave (FMLA Leave)
The Company provides up to 12 weeks of unpaid, job-protected leave to eligible employees for the
following reasons:
•
•
•
•
Incapacity due to pregnancy, prenatal medical care, or child birth.
To care for the employee’s child after birth, or placement for adoption or foster care.
To care for the employee’s spouse, son or daughter, or parent, who has a serious health condition?
Serious health condition that makes the employee unable to perform the employee’s job.
Military Family Leave Entitlements
Eligible employees with a spouse, son, daughter, or parent on active duty or called to active duty
status in the Armed Forces, National Guard, or Reserves may use their 12-week leave entitlement to
address certain qualifying exigencies. Qualifying exigencies may include attending certain
military events, arranging for alternative childcare, addressing certain financial and legal
arrangements, attending certain counseling sessions, and attending post-deployment reintegration
briefings.
FMLA also includes a special leave entitlement that permits eligible employees to take up to 26
weeks of leave to care for a covered service member during a single 12-month period. A covered
service member is: (1) a current 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
Revised May 27, 2021
36
injury or illness*; or (2) a veteran who was discharged or released under conditions other than
dishonorable at any time during the five-year period prior to the first date the eligible employee
takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment,
recuperation, or therapy for a serious injury or illness.*
*The FMLA definitions of “serious injury or illness” for current service members and veterans are
distinct from the FMLA definition of “serious health condition.”
Benefits and Protections
During FMLA leave, the Company maintains the employee’s health coverage under any group
health plan on the same terms as if the employee had continued to work. Employees must continue
to pay their portion of any insurance premium while on leave. If the employee is able but does
not return to work after the expiration of the leave, the employee will be required to reimburse the
Company for payment of insurance premiums during leave.
Upon return from FMLA leave, most employees are restored to their original or equivalent
positions with equivalent pay, benefits, and other employment terms. Certain highly compensated
employees (key employees) may have limited reinstatement rights.
Use of FMLA leave cannot result in the loss of any employment benefit that accrued prior to the
start of an employee’s leave. As with other types of unpaid leaves, paid leave will not accrue
during the unpaid leave. Holidays, funeral leave, or employer’s jury duty pay are not granted on
unpaid leave.
Eligibility Requirements
Employees are eligible if they have worked for this Company for at least 12 months, for 1,250
hours over the previous 12 months, and if they work at a work site with at least 50 employees
within 75 miles.
Definition of Serious Health Condition
A serious health condition is an illness, injury, impairment, or physical or mental condition that
involves either an overnight stay in a medical care facility, or continuing treatment by a health care
provider for a condition that either prevents the employee from performing the functions of the
employee’s job, or prevents a qualified family member from participating in school or other daily
activities.
Subject to certain conditions, the continuing treatment requirement may be met by a period of
incapacity of more than three consecutive full calendar days combined with at least two visits to a
health care provider or one visit and a regimen of continuing treatment, or incapacity due to
pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of
continuing treatment.
Revised May 27, 2021
37
Use of Leave
The maximum time allowed for FMLA leave is either 12 weeks in the 12-month period as defined
by the Company, or 26 weeks as explained above. The Company uses the 12-month period
measured backward from the first day of an employee’s leave.
An employee does not need to use this leave entitlement in one block. Leave can be taken
intermittently or on a reduced leave schedule when medically necessary. Employees must make
reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the
Company’s operations. Leave due to qualifying exigencies may also be taken on an intermittent
basis.
Employees taking intermittent or reduced schedule leave based on planned medical treatment and
those taking intermittent or reduced schedule family leave with the Company’s agreement may be
required to temporarily transfer to another job with equivalent pay and benefits that better
accommodates that type of leave.
Substitution of Paid Leave for Unpaid Leave
The Company requires employees to use accrued paid leave while taking FMLA leave. Employees
must first utilize all accrued vacation leave and then may use sick leave. Paid leave used at the same
time as FMLA leave must be taken in compliance with the Company’s normal paid leave policies. If
an employee’s leave of absence does not constitute paid leave as defined in the Company’s paid leave
policies, the employee cannot use accrued paid leave, but can take unpaid leave. FMLA leave is
without pay when paid leave benefits are exhausted.
Employee Responsibilities
Employees must provide 30 days advance notice of the need to take FMLA leave when the need is
foreseeable. When 30 days’ notice is not possible, the employee must provide notice as soon as
practicable and generally must comply with the Company’s normal call-in procedures.
Employees must provide sufficient information for the Company to determine if the leave may
qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient
information may include that the employee is unable to perform job functions; the family member
is unable to perform daily activities; the need for hospitalization or continuing treatment by a
health care provider, or circumstances supporting the need for military family leave. Employees
also must inform the Company if the requested leave is for a reason for which FMLA leave was
previously taken or certified.
Employees also may be required to provide a certification and periodic recertification supporting
the need for leave. The Company may require second and third medical opinions at the
Company’s expense. Documentation confirming family relationship, adoption, or foster care
may be required. If notification and appropriate certification are not provided in a timely manner,
approval for leave may be denied. Continued absence after denial of leave may result in
disciplinary action in accordance with the Company’s attendance guideline. Employees on leave
must contact the Human Resources Manager at least two days before their first day of return.
Revised May 27, 2021
38
The Company’s Responsibilities
The Company will inform employees requesting leave whether they are eligible under FMLA. If
they are, the notice will specify any additional information required as well as the employees’ rights
and responsibilities. If they are not eligible, the Company will provide a reason for the ineligibility.
The Company will inform employees if leave will be designated as FMLA-protected and the
amount of leave counted against the employee’s leave entitlement. If the Company determines that
the leave is not FMLA-protected, the Company will notify the employee.
Unlawful Acts
FMLA makes it unlawful for the Company to:
•
Interfere with, restrain, or deny the exercise of any right provided under FMLA.
•
Discharge or discriminate against any person for opposing any practice made unlawful by
FMLA or for involvement in any proceeding under or relating to FMLA.
Enforcement
An employee may file a complaint with the U.S. Department of Labor or may bring a private
lawsuit against the Company.
FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or
local law or collective bargaining agreement which provides greater family or medical leave
rights.
Combined Medical Leave (Not FMLA Eligible and Extended beyond FMLA)
A medical leave of absence may be granted to full-time employees for absences arising from the
employee’s illness, injury, or pregnancy. This leave may be approved under the following
circumstances:
•
The employee is not eligible for FMLA leave.
•
Has exhausted all available FMLA leave.
For a medical leave to be granted, the following conditions must be met:
• The employee has completed ninety (90) days of employment with our Company.
• The employee notifies the immediate supervisor as soon as possible of the need for medical
leave.
• All available sick leave and earned vacation are used at the beginning of the leave of absence.
• The employee submits to the supervisor a written statement from the attending medical
provider outlining the reason for leave and the estimated time needed. The Company may
require the employee to obtain an opinion from a medical provider selected by the Company.
• The immediate supervisor and Human Resources Director approve the leave before the leave is
taken.
Medical leaves, and any extension of leaves, will generally be limited to no longer than 30 days.
An employee ready to return to work from leave must present a medical provider’s statement
indicating ability to return to work. If an employee is unable to return to work at the end of
Revised May 27, 2021
39
FMLA/extended leave, the employee may be entitled to additional accommodation under the
Americans with Disabilities Act or other law. The employee must supply sufficient information
from their medical provider indicating that he or she has a covered disability and when the
employee will be able to return to work with or without reasonable accommodation. Any
accommodation provided must not result in undue hardship to the employer. Potential
accommodations will be determined after an interactive process between the employee and the
Company.
The Company may reinstate an employee ready to return from a medical leave of absence when, in the
opinion of the Company, it is practical to do so or as a reasonable accommodation under the ADA.
The Company currently continues medical and life insurance benefits for an employee on leave
for a maximum of the number of weeks required based on state of employment as long as the
employee continues to pay the employee’s portion of the premium. Vacation and sick leave will
not accrue during a medical leave of absence. Holidays, funeral pay, or employer’s jury duty pay
will not be granted during the leave. Part-time employees are not eligible for a leave of absence
under these guidelines except as may be required by the ADA. Also see guidelines for Family and
Medical Leave (FMLA Leave).
*Part-time employees are not eligible for leave under these guidelines except as required for a disability.
Military Leave of Absence
The Company grants military leaves of absence in accordance with federal and state law.
Please contact your supervisor or Human Resources if you will need a military leave of
absence.
Funeral (Bereavement) Leave
AGMs, RGMs, ARLs and Restaurant Support employees are eligible for Bereavement leave.
Eligible Employees are allowed up to three (3) consecutive days off from regularly scheduled duty
with regular pay in the event of the death of an “immediate family member”. An “immediate family
member” is defined as:
Spouse
Child
Father
Father-in-Law
Mother
Mother-in-Law
Brother
Brother-in-Law
Sister
Sister-in-Law
Son-in-Law
Daughter-in-Law
Stepmother
Stepfather
Stepbrother
Stepsister
Stepdaughter
Stepson
Grandparent
Grandchild
Registered Domestic Partner
Revised May 27, 2021
40
Jury Duty
The Company believes it is its employees’ civic duty to report for jury duty. Employees must notify
their supervisors promptly upon receipt of the jury summons and present a statement of jury
service. You are expected to report to work if you are excused from jury duty during normal work
hours.
When an AGM, RGM, ARL, or Restaurant Support employee is called to serve as a juror, the
Company will continue to pay regular pay rate for up to 10 days minus any compensation the
employee receives for jury duty. To facilitate payment, present a statement of jury service and turn
over any pay provided for jury duty service. The Company will pay the regular base salary during
the period but keep any funds provided for jury service.
When other employees are called to serve as a juror, the Company will grant that employee an
unpaid leave of absence for as long as he/she is on jury duty.
Benefits for AGMs, RGMs, RSC, Exempt and Other Eligible Hourly Employees
Sick Pay
Sick leave is provided for AGMs, RGMs, and exempt employees in order to provide a cushion for
incapacitation due to illness. It is to be used only when the employee is actually sick or for
medical appointment. Sick days are not for “personal” absences or to attend to a sick family
member, unless required by state law. Abuse of sick days may result in disciplinary action up to
and including termination.
The Company offers paid sick days to AGMs, RGMs, and exempt employees who have completed
their introductory period (90 days of service). After completion of your introductory period, you
accrue paid sick days at a rate of one day per quarter. An employee may not accrue more than four
sick days at any given time. Employees should report only full day absences of sick.
If an employee is receiving any disability benefits while out on sick leave, then the combined
amount the employee will receive from their sick leave and disability benefits will not exceed
100% of the regular wages.
If an AGM, RGM, or exempt employee is absent due to illness, a doctor’s note stating you saw the
doctor and/or you may return to work may be required in order for you to receive sick pay.
If there is any reason to believe that sick pay has been misused, sick pay may not be awarded.
Sick pay is not paid out upon termination.
401(k) Plan
The Company offers a 401(k) plan to employees who have completed 1 year of continuous
employment, work a minimum of 1,000 hours per year, and are at least 21 years old. The
Company’s current plan allows for a variety of self-directed investments. Please consult Human
Resources for more information on the 401(k) Plan.
Revised May 27, 2021
41
Paid Holidays
The Company recognizes the following holidays for its AGM’S, RGM’S, IT, and Maintenance:
• Thanksgiving Day
• Christmas Day
The Restaurant Support Center will observe the following additional days:
• New Years’ Day
• Memorial Day
• Independence Day
• Labor Day
If a Restaurant Support Center employee works on a recognized holiday, they may take an
additional paid day off in the same pay period that the holiday falls into, subject to approval from
his or her immediate supervisor. An immediate supervisor will consider factors such as staffing,
meeting restaurant labor goals, etc. when determining approval.
Eligible employees cannot receive pay in lieu of not taking a paid holiday. Vacation, Sick, or
holiday pay cannot be used to satisfy any notice of a voluntary quit. Holiday pay will not be paid
for individuals on an unpaid leave of absence.
VACATION BENEFITS
Vacation Benefits for RSC and Exempt Employees
Exempt employees are eligible for vacation. After completion of the initial 12 months of
continuous employment as an exempt employee, exempt employees begin to accrue vacation
time as follows:
Years of Eligible Service
After 1 year
After 1 ½ years
After 5 years
After 10 years
Vacation Days Each Year
5 days
5 days every 6 months
5 days every 4 months
5 days every 3 months
The Company encourages employees to take vacation on an annual basis. Earned vacation
time can accrue to a maximum of (20 days). Once an employee’s vacation accrual reaches the
maximum no additional vacation will be accrued until vacation time is used and the accrual
drops below the maximum. It is your responsibility to keep track of your accrued vacation
time.
Exempt employees may use their accrued vacation time after the completion of their first
full year of exempt service with the Company.
Vacation may be used in minimum increments of one day.
Revised May 27, 2021
42
Employees may schedule their vacation after vacation pay is earned, subject to management
approval and the Company’s need for the employee’s services. In order to allow a wellcoordinated schedule, employees are requested to submit their proposed vacation plans at
least one month before they would like to take their vacation. A vacation day does not alter the
manager’s responsibility for the operation of the restaurant.
Employees on an unpaid leave of absence do not accrue vacation. If a holiday occurs
during your scheduled vacation, then you will receive an additional vacation day.
An employee whose employment has been terminated, voluntarily or otherwise, may be paid
out after discretionary review by the HR Director. The exception at this time is the State of
California, which decrees that all employees will be paid for any unused accrued vacation time
after leaving the Company’s employ.
Restrictions on timing of vacation: Managers are not permitted to take vacation on a Period End
date or Company designated Leadership/Training Conference dates. These dates are known at
least one year in advance. Those above Restaurant Leaders are not permitted to take vacation
during the two weeks prior to a scheduled Company designed Leadership/Training event.
Vacation Benefits for all other eligible hourly Employees.
All other hourly employees are eligible for vacation and accrue at the following rates.
Years of Eligible Service
After 1 year
After 1 ½ years
After 5 years
After 10 years
Vacation Days Each Year
5 days
5 days every 6 months
5 days every 4 months
5 days every 3 months
The Company encourages eligible hourly employees to take vacation on an annual basis.
Earned vacation time can accrue to a maximum of 192 hours (24 days), unless otherwise
required by state or local law. Once an eligible employee’s vacation accrual reaches the
maximum no additional vacation will be accrued until vacation time is used and the accrual
drops below the maximum, unless otherwise required by state or local law.
Vacation may be used in minimum increments of one day (8) hours.
Employees may schedule their vacation after vacation pay is earned, subject to management
approval and the Company’s need for the employee’s services. In order to allow a wellcoordinated schedule, employees are requested to submit their proposed vacation plans at
least one month before they would like to take their vacation. A vacation day does not alter
the manager’s responsibility for the operation of the restaurant.
Employees on an unpaid leave of absence do not accrue vacation. If a holiday occurs
during your scheduled vacation, then you will receive an additional vacation day.
Revised May 27, 2021
43
An employee whose employment has been terminated, voluntarily or otherwise, will not be paid
accrued but unused vacation pay unless required by state or local law.
Restrictions on timing of vacation: Managers are not permitted to take vacation on a
Period End date or Company designated Leadership/Training Conference dates. These
dates are known at least one year in advance. Those above Restaurant Leaders are not
permitted to take vacation during the two weeks prior to a scheduled Company designed
Leadership/Training event.
The Company will comply with requirements set forth in applicable federal, state, and
local laws. Please see state supplements, if any, for additional state and local
requirements where applicable.
Vacation Benefits for Shift Leaders
Shift Leaders accrue one week of vacation based on their average weekly hours worked for the
previous year. For example, if a shift leader’s average weekly hours worked the previous year were
30, then that shift leader would accrue 30 hours of vacation and those accrued vacation hours that
must be used within the next year. No accrued vacation will be paid out to any shift leaders under
any circumstances unless required by state or local law.
Meal Policy
The Manager in Charge will receive one manager meal. While working, each employee may have
the meal of their choice up to $7.00. At no time is anyone to give discounts or free food to friends,
family members or other employees when not working.
Tuition Reimbursement Program
Desert de Oro Foods Inc encourages employees to obtain the skills necessary to develop
professionally. Full-time exempt employees are currently eligible to receive reimbursement for the
cost of college courses that are related to their job. Eligible full-time employee may be reimbursed up
to a minimum of $1200 per calendar year. Part-time employees are eligible for this benefit on a
prorated basis.
To qualify for this program the course must be job related, which means:
• The course must not be necessary to meet minimum education requirements for the employee’s
current position.
• The course cannot be taken to qualify the employee for a different type of work.
• The education must be related to the employee’s current job and must help maintain or improve
the knowledge and skills required for the job.
Employees interested in participating in this program must submit an application for
reimbursement, obtained from Human Resources, for approval before class registration. In order to
receive reimbursement, the employee’s immediate supervisor, the department manager, and the
Human Resource Department must approve the application. Within 30 days after completing the
course, the following receipts and statements should be submitted to Human Resources:
• Receipts for tuition, textbooks, and any special fees.
• An official statement of grades received.
Revised May 27, 2021
44
The Company currently reimburses the cost of tuition, fees, and books up to the maximum
allowed to employees who receive a class grade equivalent to or higher than a “C” or “3” on a
five-point scale. Employees must submit evidence of satisfactory completion for courses that do
not award grades. In order to be reimbursed for any course in which an “Incomplete” is made up,
a new application for reimbursement must be submitted.
The tuition reimbursement program only applies to courses started after an employee’s initial 90
days of employment. To qualify for this program, employees must take the course at an accredited
college or university.
Separation of Employment
Resignations
If you desire to end your employment relationship with the Company, we ask that you notify us as
soon as possible of the intended termination. Notice generally allows sufficient time to collect
company property, process monies to which you may be entitled, convert insurance, and correctly
calculate a final paycheck.
Return of Company Property
Any Company property issued to you, such as uniforms, computer equipment, software, fax
machine, promotional materials, Company documents, keys, company cars, gas card, cell phone,
pager, calling card, company credit card, security pass/ID card, etc. must be returned to the
Company at the time of your dismissal or resignation, or whenever it is requested by a member of
management. If you fail to do so, the Company may pursue legal action.
At the time of orientation all individuals will be provided with a signature sheet to sign off
designating what equipment was received, with necessary serial numbers, etc. listed on that form.
Signing this paper represents that one did indeed receive that equipment. Let it be understood that
damage to any such equipment can result in deductions of value of this equipment from the final
paycheck to be received.
Revised May 27, 2021
45
ACKNOWLEDGEMENT OF RECEIPT OF DESERT DE ORO FOODS HANDBOOK
I have been told how to access the Desert de Oro Foods Inc Employee Handbook containing
personnel policies and procedures electronically. It has been explained that a hard copy is available
in the RSC and individual restaurant locations. I have read this handbook and fully understand all
of its provisions.
This handbook supersedes all previous memos, materials, and handbooks. The information in this
manual is for use as a guideline only and is not all-inclusive. It is not meant to be considered as a
contract of any kind. This information is subject to change at any time, with the exception of the
at will employment policy. Owing to limitations of space, ongoing changes within the company,
and periodic changes in applicable federal and state laws, the information in this manual cannot be
considered a complete or final statement of all policies. Therefore, employees may refer to their
supervisor for information regarding the applicability of the guidelines in this manual to any
particular situation.
I understand that I am being asked to review the information contained within this handbook and
raise any questions that I may have about the stated policies or procedures with an ARL or Human
Resources.
I understand that, as a matter of the company’s policy that employment is at will and can be
terminated at any time without cause.
I understand that no one other than the Owner of the Company may modify or change the at will
nature of my employment relationship. Any such modification must be in writing and signed by the
company and me.
By signing below, I represent that I have indeed read the handbook, understand its policies, agree
to abide by its policies, and understand the expectations of my employment with Desert de Oro
Foods Inc.
Print Name:
Signature:
Revised May 27, 2021
Date:
Location:
46