Employee
Handbook
Five Guys Operations – 2017 Edition
NOTICE OF PROPRIETARY INFORMATION
This Employee Handbook is the property of Five Guys Operations.
The information contained herein is proprietary and may not be copied without the expressed written
permission of Five Guys.
Handbook Last Modified
February 2020
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EMPLOYEE HANDBOOK TABLE OF CONTENTS
INTRODUCTION ................................................................................................................................................ 7
WELCOME TO THE FIVE GUYS FAMILY! ..................................................................................................................................... 7
HISTORY OF FIVE GUYS .............................................................................................................................................................. 8
AWARDS! AWARDS! AWARDS! .................................................................................................................................................. 8
PURPOSE OF THE EMPLOYEE HANDBOOK ................................................................................................................................. 9
NOTICE OF REVISION ................................................................................................................................................................. 9
AT-WILL STATEMENT ................................................................................................................................................................. 9
GENERAL EMPLOYMENT................................................................................................................................. 10
EMPLOYEE RELATIONS - OPEN DOOR POLICY .......................................................................................................................... 10
EMPLOYMENT APPLICATION PROCESS .................................................................................................................................... 10
MEDICAL RECORDS .................................................................................................................................................................. 10
NEW HIRE PAPERWORK – PERSONNEL FILES ........................................................................................................................... 10
UPDATING PERSONNEL FILES................................................................................................................................................... 11
EMPLOYMENT OF MINORS ...................................................................................................................................................... 11
NEW EMPLOYEE ORIENTATION ............................................................................................................................................... 11
INTRODUCTORY PERIOD .......................................................................................................................................................... 11
FULL-TIME REGULAR EMPLOYEES ............................................................................................................................................ 12
PART-TIME EMPLOYEES ........................................................................................................................................................... 12
WORK SCHEDULES ................................................................................................................................................................... 12
CLOCKING IN/OUT ................................................................................................................................................................... 12
REQUESTS FOR SCHEDULE CHANGES ...................................................................................................................................... 12
OVERTIME REQUIREMENTS ..................................................................................................................................................... 13
SOCIAL SECURITY ..................................................................................................................................................................... 13
DRESS CODE / PERSONAL APPEARANCE / UNIFORMS ............................................................................................................. 13
PRE-CLOSING POLICY ............................................................................................................................................................... 15
EMPLOYMENT VERIFICATIONS ................................................................................................................................................ 16
ABSENTEEISM AND TARDINESS ............................................................................................................................................... 16
EMPLOYEE PERFORMANCE EVALUATIONS .............................................................................................................................. 16
COMPANY BONUSES ................................................................................................................................................................ 17
FRATERNIZATION AND EMPLOYMENT OF RELATIVES ............................................................................................................. 17
PAYROLL ........................................................................................................................................................ 18
TIME CARD COMPLETION ........................................................................................................................................................ 18
PAY PERIOD .............................................................................................................................................................................. 18
PAYROLL DEDUCTIONS............................................................................................................................................................. 18
WAGE GARNISHMENT ............................................................................................................................................................. 18
PAYROLL ADVANCES ................................................................................................................................................................ 19
DOCUMENTS RECEIVED AT STORES ......................................................................................................................................... 19
LEGAL COMPLIANCE STANDARDS ................................................................................................................... 20
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EQUAL OPPORTUNITY EMPLOYMENT/ANTI-DISCRIMINATION ............................................................................................... 20
I-9 FORM | VERIFICATION OF EMPLOYMENT ELIGIBILITY ....................................................................................................... 20
DISABILITY ACCOMMODATIONS .............................................................................................................................................. 21
RELIGIOUS DISCRIMINATION ................................................................................................................................................... 21
SEXUAL/DISCRIMINATORY HARASSMENT ............................................................................................................................... 22
STANDARDS OF CONDUCT .............................................................................................................................. 24
RESPECT ................................................................................................................................................................................... 24
VALUING DIFFERENCES ............................................................................................................................................................ 24
EMPLOYEE MEALS .................................................................................................................................................................... 24
ACCESS TO FACILITIES .............................................................................................................................................................. 24
DRUG-FREE WORKPLACE ......................................................................................................................................................... 25
POLICY: SMOKELESS TOBACCO AND E-CIGARETTES ................................................................................................................ 25
SOLICITATION / DISTRIBUTION ................................................................................................................................................ 25
CELL/SMART PHONE USE WHILE ON DUTY .............................................................................................................................. 26
USE OF COMPANY EQUIPMENT AND SYSTEMS POLICY ........................................................................................................... 26
INTERNET USAGE GUIDELINES ................................................................................................................................................. 27
USE OF PERSONAL EMAIL ADDRESSES ..................................................................................................................................... 27
PROPRIETARY INFORMATION AND CONFIDENTIALITY ............................................................................................................ 27
SOCIAL MEDIA POLICY ............................................................................................................................................................. 28
SHIFT ONE POLICY .................................................................................................................................................................... 29
GENERAL MEDIA POLICY .......................................................................................................................................................... 30
CONFLICT OF INTEREST ............................................................................................................................................................ 30
CODE OF ETHICS....................................................................................................................................................................... 31
COMPANY EVENTS POLICY ....................................................................................................................................................... 33
FIVE GUYS BUSINESS GIFTS POLICY .......................................................................................................................................... 33
RESIGNATION ........................................................................................................................................................................... 33
PROBLEM RESOLUTION ........................................................................................................................................................... 33
REASONS FOR COACHING AND DISCIPLINARY ACTION, UP TO AND INCLUDING TERMINATION ............................................ 34
SAFETY AND SECURITY ................................................................................................................................... 36
FGO SAFETY AND SECURITY POLICIES AND PROCEDURES ....................................................................................................... 36
SAFETY IN THE WORKPLACE .................................................................................................................................................... 40
WORKPLACE VIOLENCE PREVENTION ...................................................................................................................................... 41
JOB-RELATED INJURY REPORTING AND WORKER’S COMPENSATION ..................................................................................... 41
TIME AWAY FROM WORK .............................................................................................................................. 43
FAMILY AND MEDICAL LEAVE .................................................................................................................................................. 43
TIME OFF REQUIREMENTS .............................................................................................................................. 45
VACATION ................................................................................................................................................................................ 45
SICK LEAVE ............................................................................................................................................................................... 46
FGO FAMILY BONDING LEAVE.................................................................................................................................................. 47
FGO BEREAVEMENT POLICY..................................................................................................................................................... 48
PAID FAMILY LEAVE ................................................................................................................................................................. 48
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DISABILITY INSURANCE ............................................................................................................................................................ 49
JURY DUTY LEAVE OF ABSENCE................................................................................................................................................ 49
WITNESS DUTY LEAVE OF ABSENCE ......................................................................................................................................... 49
LEAVE FOR MILITARY AND RESERVE DUTY .............................................................................................................................. 49
RELIGIOUS ACCOMMODATION ................................................................................................................................................ 50
VOTING LEAVE ......................................................................................................................................................................... 51
WEATHER-RELATED ABSENCES / EMERGENCY CLOSINGS ....................................................................................................... 51
QUICK CONTACTS..................................................................................................................................................................... 51
STATE SPECIFIC SUPPLEMENTAL AND ADDENDUMS ........................................................................................ 53
ALABAMA STATE SUPPLEMENT TO EMPLOYEE HANDBOOK ................................................................................................... 54
CALIFORNIA STATE SUPPLEMENT TO EMPLOYEE HANDBOOK ................................................................................................ 57
DELAWARE SEXUAL HARASSMENT NOTICE………………………………………………………………………………………..…………………….………..61
DISTRICT OF COLUMBIA - PROTECTING PREGNANT WORKERS FAIRNESS ACT ....................................................................... 62
MISSOURI SUPPLEMENTAL POLICIES ....................................................................................................................................... 67
NEW YORK STATE SUPPLEMENTAL POLICIES ........................................................................................................................... 70
TENNESSEE STATE SUPPLEMENTAL POLICIES ........................................................................................................................ 777
HUMAN RESOURCES SUPPLEMENT ......................................................................................................................................... 79
ADDENDUMS BY STATE / DISCIPLINE GUIDELINES ................................................................................................................... 79
ADDENDUM A - Legally Protected Characteristics by State ...............................................................................................................800
ADDENDUM B - Benefits for Unmarried Partners ..............................................................................................................................822
ADDENDUM C - Breaks and Meal Periods ...........................................................................................................................................83
ADDENDUM D - Guidelines for Minors ..............................................................................................................................................855
ADDENDUM E - Family and Medical Leave ........................................................................................................................................877
ADDENDUM F - Jury Duty Laws .........................................................................................................................................................911
ADDENDUM G - Overtime Laws ...........................................................................................................................................................92
ADDENDUM H - Employee Records: Access ........................................................................................................................................94
ADDENDUM I - Sick Leave and Other Paid Time Off ............................................................................................................................97
ADDENDUM J - Final Paycheck ........................................................................................................................................................1000
ADDENDUM K - Store Operations Job Descriptions .........................................................................................................................1033
ARBITRATION AGREEMENT .......................................................................................................................... 109
ACKNOWLEDGMENT OF RECEIPT ................................................................................................................ 1111
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INTRODUCTION
WELCOME TO THE FIVE GUYS FAMILY!
Welcome to Five Guys! We are in the business of selling the best quality burgers possible. To do this, we focus on quality,
service and cleanliness. Founded in 1986, Five Guys is an established organization with a strong dedication to high quality food
and customer satisfaction. With your help, we look forward to continuing our success and prosperity as we find new and better
ways to serve our customers' needs.
As an employee of Five Guys, you are responsible for following the guidelines and policies in this Employee Handbook as
described. However, management reserves the discretion to change and adapt these guidelines and policies when necessary
to better serve you and our guests. In addition, this handbook contains general Five Guys information that you will find helpful
throughout the course of your association with Five Guys. However, it cannot cover every possible situation you may encounter.
We are confident that when each employee follows the guidelines outlined in the handbook, we can operate our business in a
manner that is effective for both you and the Company.
We hope that your employment relationship with Five Guys will be long-term. However, it is important to understand that this
handbook is an informational document, and is not a contract guaranteeing employment for any specific duration. In legal
terms, you and the Company have entered into an “at-will” relationship, which means there are no contractual or other legal
rights in any term, condition, or aspect of the employment relationship, including termination, with the exception of the
Arbitration Agreement, which is subject to its own terms and conditions. This means that either you or the Company may
terminate this employment relationship at any time, with or without cause or notice.
We also welcome your suggestions for improvements to the policies and procedures covered in this Handbook, or in any other
area of your job! Your ideas are important to us. Your thoughts and ideas, along with your outstanding effort and superior
performance, are the best way to contribute to Five Guys future growth.
Note: This handbook, revised in February 2020, supersedes all content found in previously published handbooks and
communications. The general body of the handbook provides policy and guidelines for all of FGO, however employees should
also be aware of State specific policies located in the Supplemental and Addendum sections at the end of the general body of
the handbook. If you have any questions, please discuss them with your immediate manager or your Human Resources
representative.
Sincerely,
Jerry Murrell
President
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HISTORY OF FIVE GUYS
The Five Guys Story
Five Guys Burgers and Fries has been a Washington, DC area favorite since 1986 when Jerry and Janie Murrell offered sage advice
to the four young Murrell brothers: “Start a business or go to college.” The business route won and the Murrell family opened a
carryout burger joint in Arlington, Virginia.
Under the guidance of Jerry and Janie, the Murrell family served only hand-formed burgers cooked to perfection on a seasoned
grill along with fresh-cut fries cooked in pure peanut oil. The little burger joint quickly developed a cult-like following. The press
paid attention, and customers voted the burger “#1” in the metro area.
During the 1980s and 1990s, the Murrell family perfected their simple system. Five Guys was ‘the place’ to get a fresh, juicy burger
with all the toppings you could stuff between fresh-baked buns. A fifth brother was born. And, as their family grew, so did their
business. Four more restaurants with sit-down seating were added to accommodate the growing clientele.
Early in 2003 Jerry and Janie, together with the five “guys” began offering franchise opportunities. In just under 18 months, Five
Guys Enterprises sold options for over 300 units. The overwhelming success of franchising a local restaurant made national news
with articles in trade publications such as Restaurant News.
Since then, franchises have been purchased nationwide and with over 1,600 locations open in 2014 and still growing. By
maintaining simplicity, coupled with the highest quality, the Murrell family continues the vision they set out over 20 years ago.
Fun Facts
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There are over 250,000 possible ways to order a burger at Five Guys.
We use only fresh, never frozen, ground beef.
There are no freezers in Five Guys locations, just coolers.
We use 100% peanut oil to cook our fries!
We use fresh potatoes grown north of the 42nd parallel for optimum fry quality! We source mainly from Idaho and
Washington for our US stores and from Prince Edward Island and UK for our international stores.
And we aren’t bragging - - our fans do the talking for us!
AWARDS! AWARDS! AWARDS!
“Five Guys takes the title on taste” – The Orange County Register, CA, 2010
“2013 & 2014 Best of Washington Readers’ Pick: Best Burger & Fries” – Washingtonian Magazine, DC
“Best Burger of the Gulf Coast” – Metro mix, News-Press, FL – 2010
“Voted Best Burger” – Idaho Statesman, Best of Treasure Valley 2010, 2011, & 2012
“Best of the Best – Hot Dog 2013 People’s Choice Awards Winner” – Watauga Democrat, NC
“Best French Fries” – Montana Caiman, MT, 2010
“Voted Reader’s Favorite Burger around Boston” – Boston’s, 2012, MA
“Heaven in a Brown Paper Bag” – The Londoner, 2011
“Readers’ Choice 2010: Best French Fries & Best New Restaurant” – Lancaster County Magazine, PA
“Voted Best Cheeseburger” – 435 South Magazine, January 2010, KS
“Best of the Bay: Best Burger” – Bay Weekly, MD, 2010
“Voted Best Burger in Scranton” – Electric City Weekender 2005-2013
“Best Burger in Central Louisiana” – Cena Focus, LA, 2012
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“2011 & 2012 Readers’ Choice Award Best Hamburger” – Dothan Eagle Newspaper, AL
“Best Hamburger in St. Joe - Best of St. Joe 2014” – KIT StJoeChannel.com, MO
“Best Fries: Best of the Twin Cities” City Pages, 2013, MN
“Voted Restaurant with the Best Hamburgers” – Tribune-Chronicle, 2013 & 2014 Readers’ Choice Award, OH
“1st Place: Best Burgers Best of the Woodlands 2013” – Woodlands Online, TX
PURPOSE OF THE EMPLOYEE HANDBOOK
This Employee Handbook is provided for information purposes only for the employees of Five Guys Operations, LLC (herein
referred to as Five Guys). No provision or portion of this Handbook constitutes an implied or express contract, guarantee, or
assurance of continued employment or any right to an employment-related benefit or procedure with the exception of the
Arbitration Agreement, which is subject to its own terms and conditions. Five Guys reserves the right to change, modify, or
eliminate any policy, benefit, or procedure in this Handbook at any time with or without prior notice, other than the at will policy.
The information provided herein serves as a general guide but may be subject to state laws. Additional State-specific information
is contained within Supplemental Pages and Addendums at the end of the main manual for your reference. In the event of conflict,
the stricter state laws will prevail over the policies stated in this Handbook. If you have any questions concerning these guidelines,
please consult with your supervisor or Human Resources. Nothing in this Employee Handbook changes our policy that Five Guys
is an At-Will Employer.
NOTICE OF REVISION
This Handbook supersedes all prior versions of previous Employee Handbooks, memos, bulletins, policies, or procedures, on any
subject discussed in this Handbook issued prior to February 2020.
AT-WILL STATEMENT
Five Guys values its relationships with its employees and aims to maintain them in a positive and mutually satisfactory manner.
In the event that this does not occur or for any other reason, all employment at Five Guys is “at-will.” This means that employment
relationships can be terminated by either the employee or the Company at any time. All Company employees, regardless of their
classification or position, are employed on an at-will basis and are not hired for any specific duration. This means that the
employment of each employee may be terminated at the will of the employee or the Company at any time, with or without cause,
for any reason or no reason at all and with or without notice. No manager or employee of the Company, other than the President
has the authority to enter into any agreement with any employee or applicant for employment for any specified period of time
other than on an at-will basis, and then only in a written agreement.
Furthermore, nothing contained in this Employee Handbook or any policies, procedures, manuals, job descriptions, applications
for employment, offer letters or any other document of the Company shall in any way create an express or implied contract of
employment or an employment relationship on other than an at-will basis.
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GENERAL EMPLOYMENT
EMPLOYEE RELATIONS - OPEN DOOR POLICY
Our goal is to provide each employee with stable employment, competitive pay, benefits, and working conditions equal to or
better than those of similar companies within our industry. We also respect the rights, privacy, and dignity of our employees.
At Five Guys, we value open and honest communication with our employees, and feel it is crucial to our success. We trust that
you will bring all your suggestions, questions, concerns or issues to management and talk them over with us. Management’s door
is always open for you to discuss your concerns. If you have experienced or observed a situation that has occurred at your store
or any Five Guys workplace, we strongly encourage you to speak to a member of management. We count on you to be our eyes
and ears. If at any time you are not comfortable speaking with a management team member, you should follow the chain of
command to member of management with the authority to assist you; or you may voice your concerns to a member of Human
Resources.
For complaints of a serious nature, please refer to the Five Guys Problem Resolution Policy.
EMPLOYMENT APPLICATION PROCESS
Five Guys relies on the information supplied by the applicant in the employment application as well as any other documents
provided throughout the hiring process to be accurate and true. If it is discovered to contain any misrepresentations, omissions,
or falsifications during the hiring process, or after the applicant has been hired, the applicant may be reevaluated for
employment consideration and/or the employee may be terminated.
The Company reserves the right to conduct a detailed check of the applicant’s previous work experience, background, motor
vehicle record, education and other items as appropriate for the position. The Company may also check all references listed on
employment applications.
The Company may obtain a consumer and/or investigative consumer report for employment, transfer, or promotion purposes
that may include information as to the character, general reputation, personal characteristics, work experience and performance
of the employee, along with reasons for termination of past employment. The report may also contain a records check of driving,
criminal, education, degrees, professional licenses and/or certification record depending on the position.
MEDICAL RECORDS
Federal law and state law require that the Company maintain all employee medical information in separate, confidential files.
Therefore, any employee/employees’ medical information will be maintained in a separate medical file for each employee. It is
important that employees understand that the records are confidential, unless waived by the employee.
NEW HIRE PAPERWORK – PERSONNEL FILES
All employees hired by Five Guys are required to complete an Application for Employment; Employment Eligibility Verification
(Form I-9), in which Five Guys uses the U.S. Citizenship and Immigration Services (USCIS) Internet-based system E-Verify; New
Employee Form; Confidentiality/Proprietary Information Agreement; Acknowledgement/Acceptance of Corporate Policies Form;
Federal W4 and State Tax Forms (if applicable); and the Evaluation Period Form. These, along with other pertinent personnel
information, will become a part of the employee's personnel file.
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Personnel records are confidential. Access to an employee’s personnel file is restricted to Human Resources as a regular practice;
however, circumstances may arise in which a supervisor or the President of the company may need to review specific
documentation. In these cases, only relevant documentation from the file will be provided. An employee’s right to inspect his or
her employee file is governed by state law. Employees may request to review and copy documents as applicable by law.
UPDATING PERSONNEL FILES
Five Guys strives to maintain up-to-date personnel files on all employees. It is important to keep your records up-to-date because
this information is used for benefit and payroll administration and in cases of emergencies, notification of your designated contact.
It is your responsibility and considered to be part of your job to contact your supervisor and Human Resources if there are any
changes in your:
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Home Address
Telephone Number
Emergency Contact
Marital Status (if enrolled in company sponsored benefit programs)
Educational Accomplishments
Number of Dependents (if enrolled in company sponsored benefit programs)
Military Status
EMPLOYMENT OF MINORS
Minors under the age of 18 in certain states/jurisdictions must obtain an employment certificate (work permit), showing the true
age of the minor. The certificate may be obtained from the school attended or from the County Superintendent. The work permit
will identify specific restrictions, including schedule restrictions that must be followed. Each state has specific requirements for
employment of minors. Managers should contact Human Resources for specific State requirements by law.
NEW EMPLOYEE ORIENTATION
All newly hired employees of Five Guys should expect to participate in an orientation process. The orientation process includes
completion of new hire paperwork, a review of duties and responsibilities, along with company policies and important legal and
compliance requirements. Employees are encouraged to speak with their Manager or Human Resources to learn more about their
orientation process.
INTRODUCTORY PERIOD
All new and rehired employees of Five Guys shall work on an introductory basis for the first 30 calendar days after their start date
of employment. The introductory period is intended to give new employees the opportunity to demonstrate their ability to achieve
a satisfactory level of performance as well as to determine whether the new position meets their own expectations. Five Guys
uses this period to evaluate employees’ capabilities, work habits, and overall performance. It is important to remember that
employees are not guaranteed employment for 30 days or thereafter as Five Guys is an at-will employer.
If Five Guys determines that the designated introductory period does not allow sufficient time to thoroughly evaluate the
employee's performance, the introductory period may be extended for a specified period of time. Additionally, if the new
employee has not reached an acceptable level of performance at the end of the 30-day period, but is making satisfactory progress,
Five Guys reserves the right to extend the introductory period for an additional period of time not to exceed 30 days. This will be
done in order to provide the new employee additional opportunity to learn the required skills and obtain the proper level of
proficiency for continued employment.
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FULL-TIME REGULAR EMPLOYEES
Full-time regular employees are those personnel who are not in a temporary status or in the first 30 days of their introductory
status and generally work a 40-hour week work schedule. In accordance with our current benefits plan, eligibility is determined
by your position within the company, i.e. General Manager or Assistant Manager. Additionally, Five Guys will comply with all legal
definitions of eligibility in regards to benefits, which includes group rate health insurance and other such benefits. (Please refer to
Human Resources for plan descriptions or summary plan documents for specific benefit and eligibility information). A Benefits
Hotline has been set up to receive any questions you may have about your eligibility and/or enrollment in Five Guys’ voluntary
benefit programs. That number is 888-443-7171.
PART-TIME EMPLOYEES
Part-time employees are those personnel who are not in a temporary status and are hired to work fewer than 40 hours per week.
While they receive all legally mandated benefits (such as overtime pay, workers' compensation, unemployment insurance, and
contributions for Social Security and Medicare), part-time employees are generally not eligible for Five Guys voluntary benefit
programs.
WORK SCHEDULES
The workweek of Five Guys is seven (7) consecutive days, beginning on Monday at 12:00 am and ending on Sunday at 11:59 pm.
The normal work schedule for all full-time employees is an eight (8) hour day.
Except where designated by state laws, all employees are authorized and expected to take one unpaid 30-minute meal period
each workday for every five hours worked. Employees are relieved of all active responsibilities and restrictions during meal periods
and will not be compensated for the time. In some cases, paid rest periods may be authorized or required depending several
factors, including State laws or business requirements. All meal breaks should be scheduled with consideration for operating
requirements. Managers should contact Human Resources if there are questions concerning specific state regulations.
CLOCKING IN/OUT
All employees are required to record their time. Non-exempt employees are expected to clock in for the start of every work shift
without exception. When eligible based on length of shifts and state requirements, employees are expected to clock out at the
start of the 30-minute unpaid meal period, followed by clocking back in at the end of the meal period. Non-exempt employees
are expected to clock out at the end of the work shift without exception. It is never permissible to have another employee clock
in/out for you, and is considered falsification of time keeping records and may lead to termination of employment. It is not
required to clock in/out for 10-minute paid rest periods. Exempt salaried employees, while not paid according to the number of
hours they work, are still required to record their time worked. They should “punch in and out” at the beginning and end of their
workday, utilizing the time-keeping system in place at their respective location(s).
REQUESTS FOR SCHEDULE CHANGES
You are responsible for letting management know your availability for work schedules. If your availability changes, you must
discuss it with your manager and submit a written schedule request before the work schedule is posted, in which case, you are
responsible for full attendance.
Managers will attempt to honor schedule requests to the best of their ability, however, the priority is based the staffing need of
the business, and takes precedence over individual requests. If you are scheduled to work, you are expected to be at work
regardless of any previous request. Missed shifts are considered unexcused absences.
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OVERTIME REQUIREMENTS
Non-exempt employees can be hourly or salaried employees. Hourly employees are paid a straight hourly rate based on actual
working hours. Salaried non-exempt employees are paid at an annual rate of pay, broken down into 52 equal (weekly) segments.
FLSA requires non-exempt hourly employees to be paid for overtime pay of one-and-one-half (1½) times their regular rate of pay
for hours worked in excess of 40 per workweek. Overtime for salaried non-exempt employees will be compensated at the rate of
one and one-half times for each hour over 40 worked. That hourly rate will be determined by dividing your annual salary by 2,080
hours.
There are specific exceptions by various State laws to this requirement. Managers should contact Human Resources for
compliance requirements concerning specific state regulations.
Exempt employees are commonly referred to as salaried employees. These employees are generally paid a predetermined salary
in most cases and generally are not eligible for overtime pay. Exempt employees generally hold executive, administrative,
professional, and outside sales positions as defined by the Fair Labor Standards Act (FLSA).
SOCIAL SECURITY
Social Security is an important part of every employee's retirement benefits. The Company pays a matching contribution to each
employee's Social Security taxes.
DRESS CODE / PERSONAL APPEARANCE / UNIFORMS
Dress, grooming, and personal cleanliness standards contribute to the morale of all employees and affect the business image that
Five Guys presents to its visitors and customers. Additionally, there are many grooming requirements that are dictated as part of
our commitment to food safety and sanitation. To favorably impress our customers and visitors, it is important that all employees'
business attire present a clean, neat, and professional appearance as well as avoiding extremes of any kind.
Hair must be clean, and neat. Hair, which falls below the chin line, must be firmly fastened behind the neck and restrained by a
hair net. Facial hair of any type, i.e. moustaches and beards of any kind or style, must be clean, neat, and well-groomed and not
exceed ¼ inch in length.
Nails must be clean and trimmed. Excessive or dangling jewelry or grillz are not permitted. Only simple plain rings, which do not
contain set stones or attached ornamentation (i.e. a plain gold band or wedding ring without stones) are permitted. Watches are
not permitted to be worn while working in our restaurants.
Excessively tight clothing is not permitted. Modifications and alterations of issued uniform items such as tearing, cutting,
gathering, or cinching in order to make the garments more revealing is not permitted. Shirts are to be worn fully covering the
torso (front and back), and arms through the sleeves. Shirts are not to be removed either partially or in whole, while on company
property. If an employee chooses to don their uniform apparel upon arriving at the work place or remove it prior to leaving the
property, it must be done in a private area such as the restroom or another room where it can be done behind a closed door.
Employees are not permitted to adjust their shirts or pants (rolling, pining, clasping, tucking, etc.) in such a manner that reveals
their abdomen, chest, sides, hips, legs, posterior or any other body part located below the shirt’s normal neck opening, other than
the arms and hands which extend from the normal sleeve opening. This prohibition includes altering, rolling, hemming the sleeves
to reveal upper biceps, shoulders, or armpits.
All tattoos must be covered while in uniform, regardless of the content or subject matter. Those tattoos which are located on
areas of the arm which are visible outside of the Five Guys t-shirt must be covered using long sleeve undershirts, long sleeve tshirts, or detachable sleeve covers all of which must be white, black or red in color. Both arms must be covered, regardless of the
presence of tattoos on only one arm in order to maintain a uniform, symmetrical appearance. The employee is fully responsible
for selecting, purchasing and maintaining the item(s) used in the method of concealment which they select. All tattoos which are
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located on the lower half of the employee’s body should remain covered by the appropriate uniform policy prescribed pants,
socks, and shoes. Any tattoos that remain visible on the face, neck, scalp or hands that are not concealed by using the prescribed
methods listed MUST be non-offensive in nature. Any tattoos which remain visible, either in whole or partially, cannot contain
nudity, indicate gang affiliations, profanity, or depictions of violence or death.
Visible body modification (i.e. piercings, gauges) should be minimal. Ornamentation should be limited to two (2) per ear. Only
post style earrings, no bigger than a dime, are permitted. Eyebrow, tongue, nose, lip piercing, ear gauge plugs, saddle fit gauge
plugs, ear tunnels, tragus/cartilage barbells, grillz or other types of ornamentations may not be worn while working. Flesh colored
discs are permitted to cover the openings of large gauge piercing/ear stretches.
Appropriate safety coverings must be worn on open sores, cuts, abrasions, or other wounds. Undergarments are NOT permitted
to show while working. Appropriate undergarments must be worn.
Five Guys uniforms must be worn by employees during all hours of operation as well as while working in the store before or after
posted hours of operation.
Uniform requirements:
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A t-shirt and hat bearing the approved FG logo.
General Managers, Assistant Managers and Shift Managers wear Black Shirts and black hats. Shift Leaders wear Red
Collared Shirts and red flex-fit hats, and crew members wear Red T-shirts with red kitchen hats.
All FG hats are red or black (depending on the position appropriate shirt colors) and worn facing frontwards and placed
securely on the head. No “doo-rag” or “skull cap” shall show from beneath the FG Hat.
All aprons are red and are to be worn around the neck and the apron strings crisscrossed in back and tied in front.
Non-skid shoes required. No open-toed shoes. Only black or brown colored shoes are permitted.
No pants above the ankle. No shorts, Capri pants, pedal pushers, Bermuda slacks or culottes are permitted. Blue jeans
or brown or black colored khaki slacks are acceptable.
If a belt is worn it should be black, brown or oxblood (burgundy) in color.
If an employee dresses inappropriately, he or she will be counseled by a supervisor. Dress code violations that are exceptionally
unprofessional or unsafe may result in the employee being sent home without pay. Good judgment is the main guideline to follow.
All employees should practice common sense rules of neatness, good taste, and comfort.
Any questions regarding a medical accommodation or religious exception may be addressed to Five Guys’ Director of Compliance
and Compensation at knelson@fiveguys.com or by calling the HR Help Line at 1-888-532-3041.
If an employee is granted an accommodation and is exempted from any portion of the uniform policy, they may be required to
take additional steps to ensure they are compliant with federal, state, and local health regulations (i.e. beard coverings, etc.).
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PRE-CLOSING POLICY
Five Guys strongly holds that a guest arriving at our restaurants at 9:55 pm should have no less of an experience than our first
guest of the day. Therefore, the following policy regarding the early completion of closing related tasks has been developed, and
any deviation from this policy can result in immediate termination.
The following tasks are not permitted at any time under any circumstances while the store is open for business:
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Shutting fryers down or otherwise removing from active use
Bringing the fry cart, mushroom/onion pans, etc., back to the kitchen or removal from their designated spot on the line
Removing hood filters for cleaning
Turning off “Open” sign prior to 10:00pm
Locking doors prior to 10:00pm
Going down to 6 fry baskets prior to 9:00pm
Going down to any less than 6 fry baskets after 9:00pm
Removing bottled water from counter
Cleaning/closing bread grill or meat grill prior to close
Emptying sanitizer buckets
Put chairs up on tables
Turning off grills or fryers
Removing the Cajun fry bin
Scrubbing or mopping of floors
Dismantling and/or cleaning the salad bar in preparation for closing
The following tasks are permitted at designated times, if and only if, it does not disrupt or negatively affect any customers that
are present.
AFTER 9 pm:
• 1 or 2 people can begin doing dishes that are not needed in the kitchen
• Sweep floors
• Empty excess cut potatoes into buckets and fill with water
• Clean the fry sink and walls
• Rotate and stock bread
• Refill ketchup and mustard bottles
• Sweep the kitchen and dining area
• Organize back room and rotate products in dining room and back room to prepare for delivery (only when time and
customer traffic permits).
AFTER 9:30 pm:
• Restock cups, bags, and napkins.
• Clean non-food contact surfaces with dry towel.
• Sweep thoroughly
• Empty trash bins and replace liners
• Sweep thoroughly remaining away from the areas where customers are seated
• Clean empty tables and chairs and counters
• Restock condiment and drink area
• Take out the trash following procedures prescribed by the Safety and Security policy
• Detail all glass and windows
• Thoroughly clean and stock the restrooms checking corners and baseboards for detail scrubbing as needed
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Guests will not feel comfortable relaxing and leisurely consuming their meals if the appears that employees are rushing to close
the restaurant and their presence is hindering that process. The 9:30 P.M. customer you get will probably always be a 9:30 P.M.
customer and undoubtedly will tell others about their experience. So, in that last hour, don’t focus so much on cleaning and
getting out of there, turn up the music a bit and enjoy it. Create that fun, live atmosphere for the customer!!
EMPLOYMENT VERIFICATIONS
All requests for employment verification for any employee must be directed to Human Resources at verifications@fiveguys.com
or via fax at 703-493-9438. No other manager, supervisor or employee is authorized to release references for current or former
employees. The Company discloses only the dates of employment and the title of the last position held by the employee. If you
authorize the disclosure in writing to Human Resources, the Company also will inform prospective employers of your last salary
rate. No other information, such as rehire status, will be provided.
ABSENTEEISM AND TARDINESS
To maintain a safe and productive work environment, Five Guys expects employees to be reliable and punctual when reporting
for scheduled work. Absenteeism and tardiness places a burden on other employees and on Five Guys. All employees are expected
to work their scheduled number of hours per week. In the rare instances when employees cannot avoid being late to work or are
unable to work as scheduled, they must personally notify their supervisor prior to the start time of that day, or in emergency cases
as soon as possible. When contacting a supervisor to notify him/her of your absence, employees should also include their
anticipated return to work time and/or date. Frequent tardiness and absenteeism are some of the most common reasons for
employee termination. Repeated incidents of absenteeism and/or tardiness may be cause for disciplinary action, up to, and
including termination of employment. Failure to report to work without any notification to a supervisor and absence which
continues for a period of 3 days will constitute voluntarily abandonment or quit of employment.
EMPLOYEE PERFORMANCE EVALUATIONS
Five Guys supervisors and employees are strongly encouraged to regularly discuss job performance and goals on an informal basis.
Formal performance evaluations shall be conducted at scheduled intervals and are intended as a source of formal communication
between employees and their supervisors.
A formal written performance evaluation may be conducted at the end of an employee's initial period of hire, known as the 30day introductory period. Additionally, performance evaluations for full-time employees shall be conducted on an annual basis
during the first quarter of the year. Special performance reviews may also be conducted at times other than that previously stated
when deemed necessary or appropriate by an employee’s supervisor (e.g., unusual improvements, decline in work performance,
or change in responsibilities).
Performance evaluations provide both supervisors and employees the opportunity to discuss job tasks, identify and correct
weaknesses, encourage and recognize strengths, and discuss positive, purposeful approaches for meeting goals. Annual
performance evaluations designate a time when merit salary increases are provided for eligible employees. See Performance
Management: Performance Improvement Plan Form in the Procedures Manual.
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COMPANY BONUSES
In addition to the annual performance and salary reviews, the company has developed certain bonus awards programs. If there
is a defined bonus program for your position, you will receive a written copy of that program.
IMPORTANT INFORMATION!
It must be noted that bonuses are not guaranteed; the financial success and capacity of the corporation will determine if awards
shall be distributed, as well as, the amount of any applicable award. All other bonuses are discretionary and may be paid out at
the discretion of management, depending upon (a) The financial success of the Company and (b) any exceptional service provided
to Five Guys over the prior year.
FRATERNIZATION AND EMPLOYMENT OF RELATIVES
The employment of relatives or individuals involved in a dating relationship in the same unit of an organization (i.e., same store,
same department) may cause conflicts of interest with actual or perception of problems with favoritism and employee morale. In
addition to claims of partiality in treatment at work, personal conflicts from outside the work environment may be carried over
into day-to-day working relationships.
For purposes of this policy, a “relative” is any person who is related by blood, adoption, marriage, including stepchildren and
stepparents. A “dating relationship” is defined as a relationship that is, or may be reasonably expected to lead to the formation
of a consensual romantic or dating relationship.
An employee may not occupy a position in which he or she reports either directly, or in line to, a relative or an employee with
whom he or she is involved in a dating or other romantic relationship. If a relative relationship is created or a dating relationship
commences between a supervisor and his/her immediate subordinate after the start of the working relationship, it is the
responsibility and obligation of the employees involved to immediately disclose the existence of the relationship to their
Supervisor or to Human Resources. Five Guys will evaluate what action is necessary to eliminate the fact or appearance of conflict
of interest. Under no circumstance will Five Guys allow reporting/supervisory relationships between persons either related or in
a dating relationship. Based on availability, persons in such a relationship may be reassigned to a position in another area, provided
they are qualified or he or she may be given the option of leaving the company.
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PAYROLL
TIME CARD COMPLETION
Five Guys uses CrunchTime! ™, a Web-based management application in order to accurately account for the hours worked by
each exempt and non-exempt employee. Each employee and his/her immediate supervisor are directly responsible for assuring
that every time entry accurately reflects the actual hours worked. Employees who fail to follow these guidelines will be subject to
disciplinary action, up to, and including termination of employment and possible federal penalties.
PAY PERIOD
Payroll is on a bi-weekly schedule (unless otherwise required by state law) in which every employee is paid for all time worked.
Depending on when you join our company you may have to wait three (3) weeks before your first paycheck. This is normal and
allows Payroll to gather all information and make sure that all your information is entered correctly so there is less likelihood of
problems with your check. However, Payroll cannot achieve our goal of accurate paychecks without your help. Please make sure
that Payroll has your current and complete address, full name, Social Security Number and correct tax deductions. It is extremely
important that you report any changes in this information to us. It is your responsibility to review your paycheck each pay period
and make sure that everything is accurate. If there is a problem, please notify your Manager so the proper paperwork can be filled
out and sent in, and corrections made.
Please know that you are welcome to contact Payroll if you have any questions or concerns. You may email The Payroll
Department at Payroll@fiveguys.com.
All FGO Employees have multiple payment options including but not limited to: live check, Money Network Service, or direct
deposit into their bank account(s) or credit union account(s), with advance written authorization as long as the service is offered
by their bank/credit union. Employees can switch between any of these options at any time. All earnings statements are made
available to all employees online, through the company payroll system, regardless of the payment method. Please contact the
Payroll Department with any questions.
PAYROLL DEDUCTIONS
Employees are required to complete federal and state income tax forms when they are hired, and must do so accurately. Payroll
uses the information provided on these forms to make the appropriate deductions from an employee’s paycheck for income tax
purposes as required by federal and state laws.
Other payroll deductions are made where appropriate, and with proper authorization by the employee, for items such as medical,
dental, state mandated disability insurance.
WAGE GARNISHMENT
Five Guys is required by law to honor court-ordered liens and wage garnishments. These court-ordered documents grant legal
permission to collect part of an employee's pay directly from the company. Although Five Guys does not wish to become involved
in an employee's private matters, we are compelled by law to administer such court orders.
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PAYROLL ADVANCES
Pay advances may be granted at the discretion of the company and only in cases of extreme emergency or personal hardship.
These advances are always considered early payments for future work performed by an employee and are not to be considered
a loan made to the employee by the company. Employees requesting pay advances must make this request in writing to their
District Manager and designate the amount of the advance and requested repayment. The District Manager will elevate the
request through the chain of command to their Area Manager who will then consult with senior management before accepting
or denying the request. Any employee given a pay advance will complete a promissory note and wage deduction agreement
designating the terms of repayment. Depending on the amount of the payroll advance and the length of the repayment period,
interest may be charged. This will be spelled out in the wage deduction agreement
DOCUMENTS RECEIVED AT STORES
Any documents, paperwork, or requests for information received at the stores MUST be scanned immediately upon receipt
and emailed to Human Resources and/or Legal as appropriate. This applies to, but is not limited to, Employment Verifications,
subpoenas, garnishment of wages orders, court documents, Federal, state or local government requests for information, cease
and desist letters, warrants, notice of unemployment hearings, notice of intent to sue, etc. This applies not only to physical
contacts, but similar requests made verbally, either in person or over the phone. Failure to do so will result in discipline, up to
and including termination.
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F I V E G U Y S O P E R A T I O N S , LL C – E M P L O Y E E H A N D B O O K
LEGAL COMPLIANCE STANDARDS
EQUAL OPPORTUNITY EMPLOYMENT/ANTI-DISCRIMINATION
Five Guys is an equal opportunity employer. Five Guys is committed to equal employment opportunities in all employment
practices and decisions including: recruitment, hiring, promotion, training, compensation and disciplinary action, and with
regard to all terms and conditions of employment. Five Guys does not discriminate on the basis of the following legally
protected characteristics: race, color, national origin, religion, sex, age, physical or mental disability, pregnancy (including
childbirth, lactation and related medical conditions), genetic information (including characteristics and testing) or any other
legally protected characteristic under applicable local, state or federal law. Contact Human Resources if there are questions
concerning specific state regulations.
It is the Company’s policy to provide Equal Employment Opportunity to all employees and applicants in actions of recruitment,
selection, training, promotion, transfers, compensation, benefits and all other terms and conditions of employment without
regard to the characteristics listed above. The President of the Company and all administrative, management and supervisory
personnel are committed to this policy and its enforcement.
The Company believes that the applicable laws ensuring equal employment opportunities reinforce this policy of diverse
employment.
Employees with questions or concerns about any type of discrimination in the workplace are encouraged to contact their
immediate supervisor or a member of Human Resources. If you believe you have been the victim of any type of discrimination
or are aware of such conduct, you must promptly notify your immediate supervisor, a member of Human Resources, or a
senior management member of Five Guys such as your respective Department Heads. If you do not have contact information
for any of these individuals, you may also call a toll-free HR Help Line number which has been established for your convenience.
The HR Help Line number is 1-888-532-3041. A series of prompts will direct your call to the appropriate person who can best
assist you.
Employees may raise concerns and make reports without fear of reprisal. Anyone found to be engaging in any type of unlawful
discrimination will be subject to disciplinary action, up to, and including termination of employment.
All employees, especially those who supervise or manage others, have a responsibility to notify other members of
management if they are aware that harassment, discrimination, or retaliation has occurred, or if they suspect that it has
occurred. Any management level employee who does not bring incidents of such behavior to the attention of management
may be subject to disciplinary action. Preventing harassment and discrimination is a matter of honoring each other’s rights
and dignity. If we all comply with this philosophy, it will contribute to a more enjoyable workplace and greater personal
fulfillment for us all.
I-9 FORM | VERIFICATION OF EMPLOYMENT ELIGIBILITY
Five Guys is committed to full compliance with federal immigration laws; therefore, we will hire only employees who are
able to provide proper documentation indicating legal authorization to work in the United States.
To comply with applicable immigration laws, including the Immigration Reform and Control Act of 1986 and the Immigration
Act of 1990, an employee will be expected to complete the eligibility verification Form I-9 and present documentation verifying
identity and legal eligibility to work in the United States no later than the first day of employment. Employees are advised to
review the I-9 form for the List of Acceptable Documents so they will be properly prepared for their first day of work. Five
Guys uses E-Verify Internet-based system as provided by U.S. Citizenship and Immigration Services (USCIS). General Managers
should comply with the latest version and updated instructions of I-9 forms as revised by USCIS. At the time of this 2017 edition
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of the Employee Handbook, form revision 7/17/17 N is the current version to be used.
Failure to complete the I-9 Form within three business days of the date of hire may be cause for suspension or termination of
employment. This requirement is an on-going condition of employment, and in certain circumstances, employees may be
asked to update these forms to maintain current compliance.
DISABILITY ACCOMMODATIONS
To comply with applicable laws ensuring equal employment opportunities to individuals with disabilities, the Company will
make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a
disability who is an applicant or an employee unless undue hardship and/or a direct threat to the health and/or safety of the
individual or others would result.
Five Guys welcomes all applicants and employees with disabilities to perform the essential functions of their job whenever
possible. These employees and applicants are encouraged to request the opportunity to perform the essential functions of
their job and the Company is willing to engage in an interactive process to discuss ways to modify work activities or duties as
long as the modifications do not create an unreasonable hardship to the Company or cause a direct threat to the health and/or
safety of the individual or others.
Employees and applicants who require accommodation to perform the essential functions of their job should inform their
supervisor and a member of Human Resources of their situation as soon as possible.
The individual with the disability should specify in writing what barriers or limitations make it difficult for him or her to perform
the job. The Company will conduct an investigation regarding these barriers or limitations and will then identify possible
accommodations, if any, that will help to eliminate the barrier(s) or limitation(s).
The consideration and approval of any requests for accommodation may require documentation from a qualified medical
provider. All medical information received by Five Guys management and/or the Human Resources Department will remain
personal and confidential.
If the accommodation is reasonable and will not impose an undue hardship on the Company and/or a direct threat to the
health and/or safety of the individual or others, the Company will make the accommodation. The Company may also propose
alternative accommodation.
The Company will also consider requests for reasonable accommodations for medical conditions related to pregnancy and
childbirth where supported by medical documentation.
Employees who wish to request unpaid time away from work because of a qualifying disability should speak to their Human
Resources Representative regarding a proposed accommodation.
RELIGIOUS ACCOMODATIONS
The Company will make reasonable accommodations in accordance with applicable law for employee observance of religious
holidays and sincerely held religious beliefs, including providing time off for observation of official holidays or providing
exceptions to dress and grooming standards, unless doing so would cause an undue hardship on Company operations. If the
employee desires a religious accommodation, the employee is required to make the request in writing to his or her supervisor
as far in advance as possible.
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SEXUAL/DISCRIMINATORY HARASSMENT
Five Guys policy promotes zero tolerance for sexual and unlawful/discriminatory harassment. The company will neither
condone nor tolerate sexual or any level of unlawful harassment.
As a result, the Company maintains a strict policy prohibiting sexual harassment and harassment based on the following legally
protected characteristics: race, color, religion, creed, sex, pregnancy (including childbirth and related medical conditions), age
(as defined under applicable law), national origin or ancestry, physical or mental disability, genetic information (including
characteristics and testing) or any other consideration protected by federal, state or local laws.
All such harassment is prohibited. The Company’s anti-harassment policy applies to all persons involved in its operations and
prohibits harassment by any employee of the Company, including shareholders, managers and coworkers and any third parties
interacting with Company employees.
Sexual Harassment Defined
Sexual harassment includes unwanted sexual advances, requests for sexual favors or visual, verbal or physical conduct of a
sexual nature when:
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Submission to such conduct is made a term or condition of employment;
Submission to or rejection of such conduct is used as a basis for employment decisions affecting the individual; or
Such conduct has the purpose or effect of unreasonably interfering with an employee's work performance or
creating an intimidating, hostile or offensive working environment.
Sexual harassment includes various forms of offensive behavior. The following is a partial list:
1. Unwanted sexual advances;
2. Offering employment benefits in exchange for sexual favors;
3. Making or threatening reprisals after a negative response to sexual advances;
4. Visual conduct: leering, making sexual gestures, displaying of sexually suggestive objects or pictures, cartoons,
posters or graffiti;
5. Verbal conduct: making or using derogatory comments, epithets, slurs, sexually explicit jokes, comments about an
employee's body or dress;
6. Verbal sexual advances or propositions;
7. Verbal abuse of a sexual nature, graphic verbal commentary about an individual's body, sexually degrading words to
describe an individual, suggestive or obscene letters, notes or invitations;
8. Physical conduct: touching, assault, impeding or blocking movements; and
9. Retaliation for making harassment reports or threatening to report harassment.
This policy applies to harassment by individuals of the same sex or opposite sex. This policy also protects employees from
harassment by vendors, clients/customers or other third parties not employed by the Company. If harassment occurs on the
job by someone not employed by the Company, the procedures in this policy should be followed.
Other Types of Harassment
Harassment on the basis of the following legally protected characteristics: race, color, religion, creed, sex, pregnancy (including
childbirth and related medical conditions), age (as defined under applicable law), national origin or ancestry, physical or mental
disability, genetic information (including characteristics and testing) or any other consideration protected by federal, state or
local laws is also prohibited. Examples of prohibited harassment include but are not limited to:
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2.
3.
4.
Verbal conduct including threats, epithets, derogatory comments or slurs;
Visual conduct including derogatory posters, photography, cartoons, drawings, emails, websites, gestures or graffiti;
Physical conduct including assault, unwanted touching or blocking normal movement; and
Retaliation for making harassment reports or threatening to report harassment.
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Protection Against Retaliation
Retaliation against any person by another employee or by the Company for using this complaint procedure, reporting
harassment, or for filing, testifying, assisting or participating in any manner in any investigation, proceeding or hearing
conducted by a governmental enforcement agency is prohibited. Prohibited retaliation includes, but is not limited to,
discharge, demotion, suspension, failure to hire or consider for hire, failure to give equal consideration in making employment
decisions, failure to make employment recommendations impartially, adversely affecting working conditions or otherwise
denying any employment benefit.
Complaint Procedure
Any employee who believes that he or she has been harassed, discriminated against or retaliated against by a coworker,
supervisor, agent, client/customer, vendor or other third party not employed by the Company in violation of this antiharassment policy, or who is aware of the harassment, discrimination or retaliation of others, should immediately provide a
written or verbal report to Human Resources, his or her supervisor, any other member of senior management. If the
employee’s supervisor is the individual about whom the employee has a complaint, the employee should make a report to
Human Resources. The Company will endeavor to protect the privacy and confidentiality of all parties involved to the extent
possible, consistent with a thorough investigation. As described below, no retaliation will be taken against any employee for
utilizing the Company’s complaint procedure.
After a report is received, a thorough and objective investigation by management will be undertaken. All investigations will be
handled as discreetly and with as much confidentiality as the situation allows. The investigation will be completed and a
determination made and communicated to the reporting party as soon as possible. The Company expects all employees to
cooperate fully with any investigation conducted by the Company.
If the Company determines that this policy has been violated, appropriate disciplinary action, up to and including discharge,
will be taken. Appropriate action will also be taken to deter any future harassment or discrimination.
Employees are cautioned that inappropriate, lewd, crude and/or offensive behavior, even if it does not rise to the legal
definition of harassment, may still be grounds for discipline, up to and including termination.
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STANDARDS OF CONDUCT
RESPECT
Our customers have the right to expect a dining experience free from offensive behavior. You have the right to work in a
professional environment. Showing respect to customers and employees is a fundamental expectation of Five Guys. Nothing
less will be tolerated at Five Guys.
Five Guys considers disrespectful behavior completely unacceptable in the workplace. This includes banter among coworkers,
even if they are friends. Teasing and joking are not acceptable defenses for disrespectful, harassing, discriminatory or offensive
behavior, nor will we tolerate conversations or behavior in the workplace that is in any way disrespectful or discriminatory.
Employees found to have treated others in a disrespectful manner are subject to disciplinary action, up to and including
termination of employment.
Remember, your comments do not have to be specifically directed at someone for that individual or others to find them
offensive.
VALUING DIFFERENCES
Five Guys values the differences of our employees and our policy has always been to hire and promote individuals solely based
on merit and performance. At Five Guys, we recognize, appreciate, and leverage the diverse experiences and backgrounds
that our employees bring. We pride ourselves on hiring and promoting individuals who contribute to our operational
excellence and who will assist us in achieving our goal to be the best.
Five Guys is committed to treating every employee, customer, and vendor respectfully and we do not tolerate discrimination
of any kind based on race, creed, religion, national origin, color, disability, age, gender, sexual orientation or any other
protected characteristics. Embracing the differences of others supports our commitment to build and sustain a highperformance culture where leaders are expected to lead with integrity, serve with humility and treat people respectfully.
EMPLOYEE MEALS
All employees are entitled to consume one meal free of charge per day that they work. This may consist of up to one sandwich,
one order of fries, and one beverage. The employee may also receive a shake free of charge, but it is to be consumed as part
of the employee’s meal, and not throughout the work day. No shakes are permitted on the employee drink rail.
This meal is to be consumed only on Five Guys property and by the Five Guys employee to which it belongs. It is expressly
prohibited to give the employee meal away to anyone, including friends or family, and may not be taken home by the
employee at the end of their shift for later consumption. These meals should be rung through the POS system, and
subsequently discounted by the manager. No food or beverage is to be given away, bartered, or exchanged for any food,
goods, or services from surrounding establishments. The value of this meal is excluded from the regular rate of pay.
ACCESS TO FACILITIES
As a member of Five Guys, you will have access to our facilities as a place of business operations. It is not permissible to
“hang around” the store or office when you are not on duty. Friends and customers should never be allowed to enter private
areas of restriction such as the kitchen, offices and back rooms without approval from management.
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DRUG-FREE WORKPLACE
It is a fundamental objective of Five Guys to provide a drug-free, healthy, and safe workplace for its employees and customers.
To promote this goal, employees are required to report to work in appropriate mental and physical condition to perform their
jobs in a satisfactory manner - “fit for duty”. Five Guys prohibits the illegal use of drugs and the consumption of alcohol in the
workplace or on any company property by all employees.
While on Five Guys premises and while conducting business-related activities as a representative of Five Guys on a customer’s
premises, no employee may use, possess, distribute, sell, be under the influence of alcohol, or engage in the unlawful
manufacture, distribution, dispensation, possession, or use of illegal drugs. The prohibition against illegal drugs extends to an
employee when not working as well. Alcohol use which may be allowable under otherwise normal circumstances, but should
not be done while wearing any type of Five Guys clothing, hats, or outer garments.
The legal use of prescribed drugs is permitted on the job only if it does not impair an employee’s ability to perform the essential
functions of the job effectively and in a safe manner that does not endanger business operations or other individuals in the
workplace. Some states have legalized recreational marijuana, which is not permitted in the workplace at any time. Employees
that engage in legal use of recreational marijuana during their personal time must be fit duty.
POLICY: SMOKELESS TOBACCO AND E-CIGARETTES
In keeping with Five Guys intent to provide a safe and healthy work environment, as well as ensuring compliance with all
applicable state and federal regulations, Five Guys has a smoke-free environment. Smoking may not occur inside company
facilities. Employees are prohibited from smoking while wearing the Five Guys uniform or any garment with the Five Guys
logo. This policy applies equally to all employees, customers, and visitors.
Employees that wish to smoke may do so outside as long as it is done more than 50 feet away from the entrance or
banner/marquee of the office or store and the uniform may not be worn.
E-Cigarettes or “vapes” are subject to the same policies and restrictions as tobacco cigarettes. Additionally, the use of
“smokeless tobacco”, “chew”, “dip”, “chad” or “snuff” is restricted by the same guidelines above.
SOLICITATION / DISTRIBUTION
In order to avoid disruption of company operations, the following rules shall apply to solicitations and distribution of
literature on Five Guys property:
Outsiders
Solicitation and distribution of literature on company property by persons who are not employees of the company is not
permitted.
Employees
Employees of the company may not solicit during working time for any purpose. Employees may not distribute pamphlets,
fliers, or recruiting materials for any purpose during working time in any Five Guys facility. Solicitation or distribution is
prohibited in work areas where actual work is in progress. Working time does not include break and lunch periods. However,
solicitations (Girl Scout cookies, school gift-wrap sales, Tupperware, etc.) should be kept to a minimum in order to maintain
a pleasant working environment for all employees. All employees must be treated with respect and not pushed, coerced, or
embarrassed into making a purchase or donation. Five Guys reserves the right to amend this policy at any time and without
notice.
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CELL/SMART PHONE USE WHILE ON DUTY
Using, reading or checking a personal cell phone while clocked in and working is prohibited unless permission is requested
by the employee and granted by the supervisor/manager in charge of the shift. Employees should use the store’s phone
number as a means of being contacted in case of an emergency. Cell phones should never be removed by employees from
their pockets while on the line and/or in view of customers. Specific permission must be given by the supervisor/manager
in charge of the shift before an employee steps off the line for the purpose of using their phone. This includes texting, data
retrieval, or internet browsing.
Cell phones, pagers, tablets, Bluetooth earpieces or any other communication devices are not to be worn in a holster, belt
clip, sling or otherwise visible outside of the Five Guys uniform.
Camera Phones and Other Recording Devices
Many smart phones and personal audio players come with built-in audio and video recording features. Although fun for
personal use, using them in the workplace can lead to violations of coworkers and/or customers privacy and breeches of
confidentiality. While Five Guys has no desire or intent to infringe on the rights of individual employees, all employees should
refrain from the use of cameras, video or audio recording equipment, or phones with these capabilities, on Five Guys property
or at Five Guys sponsored events, unless in execution of a job-related task or at the direction of their immediate supervisor.
In these situations where it is necessary for an individual to take pictures/video of situations such as a damaged shipment,
unsafe conditions, needed repairs, or for training purposes as an example, the individual capturing the images must take
necessary steps to protect individual privacy of those in the area that is being filmed. The use of recording equipment (smart
phones, personal audio and/or video recording devices) is prohibited in the presence of third parties such as customers,
vendors, and contractors.
USE OF COMPANY EQUIPMENT AND SYSTEMS POLICY
All equipment owned by Five Guys or its vendors for use by Five Guys employees is furnished for the purposes of conducting
company business. Five Guys equipment includes, but is not limited to, computers (including all files, e- mail, and Internet
data), telephones, facsimile machines, computers, restaurant equipment, PAR/Brink/CrunchTime! POS System, Touch block
tablets, filing cabinets, desks, vehicles, and work or office space.
Five Guys treats all company equipment as its property and reserves the right to search, access, review, copy, or modify this
property. Five Guys may also disclose such information or property to other parties (inside or outside of the company) as it
deems appropriate.
Personal use of company equipment should be limited and employees should not use office equipment to send, receive, or
store any information that they wish to keep private. Employees should treat all company equipment and systems like a shared
file system - with the clear expectation that any information sent, received, or stored anywhere on Five Guys
equipment/property will be available for review. Privacy is neither implied nor guaranteed.
Communication systems (including, but not limited to telephone, e-mail, Internet, and shared directories) permit employees
to communicate with each other internally and with selected outside individuals and sources. Please bear in mind that
information you communicate may be read by someone other than the addressee you send them to, and may potentially have
to be disclosed to third parties. Accordingly, please take care to ensure that your messages are courteous and professional.
Again, privacy is neither implied nor guaranteed.
Use of Five Guys computer and telephone systems to engage in any communications that are in violation of company policy,
including, but not limited to, transmission of defamatory, obscene, offensive, or harassing materials is prohibited and will be
grounds for termination of employment.
Five Guys purchases and licenses the use of computer software for business purposes. Unless authorized by the software
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developer, Five Guys does not have the right to reproduce such software for use on computers or which they are not licensed.
Employees may only use software on local area networks or on multiple machines according to the software license
agreement. Five Guys prohibits the illegal duplication of software and its related documentation.
INTERNET USAGE GUIDELINES
Five Guys provides access to the Internet and electronic mail to assist employees in the performance of their job duties. Five
Guys expects employees to use these tools responsibly and employees should understand that use of the Internet is subject
to monitoring. Improper use of electronic mail (e.g., spreading offensive jokes or remarks, making or implying threats of
violence) or improper use of the Internet (e.g., excessive non-business use and/or accessing pornographic websites) will be
considered a policy violation. Additionally, employees must receive approval from their supervisor prior to downloading
application software from the Internet. Such software may not only contain embedded viruses, but also is untested and may
interfere with the functioning standard of company applications. Employees found to be abusing their Internet privileges may
be subject to disciplinary action, up to, and including termination.
USE OF PERSONAL EMAIL ADDRESSES
The use of personal e-mail accounts such as Gmail, Hotmail, Yahoo or any other email accounts hosted outside of the Five
Guys networks to conduct company business is expressly prohibited. This includes, but is not limited to the transmission of
employee data such as Social Security Numbers, home addresses, telephone numbers or any other personal employee data as
well as electronic or facsimile copies of an employee’s New Hire Paperwork. Five Guys has a responsibility to protect the
personal information of all employees. That security cannot be assured when the information is traveling over non-secure
networks or equipment outside of the Five Guys domain.
PROPRIETARY INFORMATION AND CONFIDENTIALITY
Five Guys develops certain confidential and proprietary information and strategies that are unique to our company. The
protection of such information and trade secrets are vital to the interests and success of Five Guys. Such confidential
information includes, but is not limited to, the following examples:
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Compensation data
Customer lists
Financial information
Marketing strategies
Pending projects and proposals
Technological data
Employee information
Customer information
Technological prototypes
Research and development strategies
Five Guys also protects proprietary information by restricting employee and visitor access to certain designated company
areas. Employees are required to cooperate in keeping our technology and processes secure. Certain employees may be
required to sign a Confidentiality/Proprietary Agreement upon hire. This agreement grants Five Guys the rights to any
invention associated with our technology and confirms our employee's agreement not to divulge confidential information to
those outside Five Guys.
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SOCIAL MEDIA POLICY
At Five Guys, we understand that social media can be a fun and rewarding way to share your life and opinions with family,
friends and co-workers around the world. However, use of social media also presents certain risks and carries with it certain
responsibilities. To assist you in making responsible decisions about your use of social media, we have established these
guidelines for appropriate use of social media. This policy applies to all associates who work for Five Guys or one of its affiliated
companies in the United States.
GUIDELINES
In the rapidly expanding world of electronic communication, social media can mean many things. Social media includes all
means of communicating or posting information or content of any sort on the Internet, including to your own or someone
else’s web log or blog, journal or diary, personal web site, social networking or affinity web site, web bulletin board or a chat
room, whether or not associated or affiliated with Five guys as well as any other form of electronic communication.
The same principles and guidelines found in Five Guys policies and three basic beliefs apply to your activities online. Ultimately,
you are solely responsible for what you post online. Before creating online content, consider some of the risks and rewards
that are involved. Keep in mind that any of your conduct that adversely affects your job performance, the performance of
fellow associates or otherwise adversely affects members, customers, suppliers, people who work on behalf of Five Guys or
Five Guys’ legitimate business interests may result in disciplinary action up to and including termination.
Know and follow the rules!
Carefully read these guidelines, the Five Guys Statement of Ethics Policy, the Five Guys Information Policy and the
Discrimination & Harassment Prevention Policy, and ensure your postings are consistent with these policies. Inappropriate
postings that may include discriminatory remarks, harassment, and threats of violence or similar inappropriate or unlawful
conduct will not be tolerated and may subject you to disciplinary action up to and including termination.
Be respectful!
Always be fair and courteous to fellow associates, customers, members, suppliers or people who work on behalf of Five Guys.
Also, keep in mind that you are more likely to resolve work related complaints by speaking directly with your co- workers or
by utilizing our Open-Door Policy than by posting complaints to a social media outlet. Nevertheless, if you decide to post
complaints or criticism, avoid using statements, photographs, video or audio that reasonably could be viewed as malicious,
obscene, threatening or intimidating, that disparage customers, members, associates or suppliers, or that might constitute
harassment or bullying. Examples of such conduct might include offensive posts meant to intentionally harm someone’s
reputation or posts that could contribute to a hostile work environment on the basis of race, sex, disability, religion or any
other status protected by law or company policy.
Be honest and accurate!
Make sure you are always honest and accurate when posting information or news, and if you make a mistake, correct it quickly.
Be open about any previous posts you have altered. Remember that the Internet archives almost everything; therefore, even
deleted postings can be searched. Never post any information or rumors that you know to be false about Five Guys, fellow
associates, members, customers, suppliers, people working on behalf of Five Guys or competitors.
Post only appropriate and respectful content!
Maintain the confidentiality of Five Guys’ trade secrets and private or confidential information. Trade secrets may include
information regarding the development of systems, brand standards and processes, products, know-how and technology. Do
not post internal reports, policies, procedures or other internal business-related confidential communications.
Respect financial disclosure laws. It is illegal to communicate or give a “tip” on inside information to others so that they may
buy or sell stocks or securities. Such online conduct may also violate the Insider Trading Policy. Do not create a link from your
blog, website or other social networking site to a Five Guys website.
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Express only your personal opinions. Never represent yourself as a spokesperson for Five Guys. If Five Guys is a subject of the
content you are creating, be clear and open about the fact that you are an associate and make it clear that your views do not
represent those of Five Guys’ fellow associates, members, customers, suppliers or people working on behalf of Five Guys. If
you do publish a blog or post online related to the work you do or subjects associated with Five Guys, make it clear that you
are not speaking on behalf of Five Guys. It is best to include a disclaimer such as “The postings on this site are my own and do
not necessarily reflect the views of Five Guys”.
Using social media at work!
Refrain from using social media while on work time or on equipment we provide, unless it is work-related as authorized by
your manager or consistent with the Company Equipment Policy. Do not use Five Guys email addresses to register on social
networks, blogs or other online tools utilized for personal use.
Retaliation is prohibited!
Five Guys prohibits taking negative action against any associate for reporting a possible deviation from this policy or for
cooperating in an investigation. Any associate who retaliates against another associate for reporting a possible deviation from
this policy or for cooperating in an investigation will be subject to disciplinary action, up to and including termination.
Media contacts!
Associates should not speak to the media on Five Guys’ behalf without contacting the Corporate Affairs Department. All media
inquiries should be directed to them.
POLICY RELATING TO THE SHIFTONE APPLICATION
ShiftOne is an electronic mobile application made available for the convenience of employees. You may access ShiftOne from
your personal mobile device if that is your preference but use of a personal device is not required. There is no reason to buy
or use a personal device or any type of data service to access ShiftOne. All information available via the ShiftOne application
can be accessed through alternative sources that are free and readily available, or by asking a supervisor to give you access to
ShiftOne from their computer or a shared internet access device (such as the worksite iPad) available at your worksite.
Permissible / Prohibited Uses
The ShiftOne application is made available for employee convenience and personal (non-work) usage. However, information
and communications posted should conform with the Company’s non-discrimination, anti-harassment, and non-retaliation
policies. Employees should not have any expectation of privacy regarding information they post or access via ShiftOne. Five
Guys reserves the right to view, edit, delete and record content on ShiftOne at the Company’s discretion. Employees should
not access ShiftOne during working hours.
ShiftOne Easy to Follow “DOs and Don’ts”
ShiftOne is an exciting new app that is being made available to all Five Guys employees to enhance our communications and
celebration of all the people and events that makes Five Guys special! While there are more comprehensive policies and
agreements which detail your responsibilities when using ShiftOne, here are a few DOs and Don’ts to keep in mind.
DO:
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DO! Let employees know that the ShiftOne App is entirely voluntary and employees are NOT required or expected to
use the app as a part of their job! It’s completely optional and just for fun!
DO! Celebrate in-store/department achievements, birthdays, and work anniversaries! Include everyone even if they
don’t use ShiftOne!
DO! Let your team know when they have done a great job! Give positive shout outs to the entire team or individual
employees who have gone above and beyond!
DO! Share reminders and reinforcement of information shared by the company through our other communications
channels (Email/FGU/HR).
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DO! Keep your messaging positive! ShiftOne is intended to reinforce the positive moments and events that are
happening in your store or department!
DO! Mind your P’s and Q’s. Remember that professionalism and respect are of the utmost importance.
DO! If you see something that is unprofessional and unacceptable, please report it to Human Resources as soon as
possible.
DO! Stop and think before you post. Always ask yourself, will this help enhance somebody’s day? Will it make them
smile?
DO! Have fun!
DON’T:
• DON’T! Do NOT force, pressure, insist or cajole employees to download or use the app. Remember, the app is
completely voluntary and all relevant information that is posted within the app, can be found in other already
accessible areas (Five Guys University, Five Guys Email Communications, in-store or department
postings/communications, Human Resources.)
• DON’T! Do not post when you are angry or upset. Emotions can skew how a message comes across.
• DON’T! Do not negatively critique, admonish, correct or review an individual employee, store, or team within the app.
All official write-ups should be handled through Human Resources.
• DON’T! Do not use the app to list bonus or compensation payouts.
• DON’T! Do not use harsh, foul, vulgar, lewd, rude, or incendiary language within the app. DO NOT engage in any type
of harassing behavior.
GENERAL MEDIA POLICY
Local and Mass Media (General Media) sometimes will make contact with employees to report about business or community
events. It is not permissible for employees to misappropriate company time by engaging with media reports during scheduled
work time. It is not permissible to post confidential or proprietary company information about employees, clients or
customers; or programs and operations through the use of social media programs and postings. No employee without approval
by the Company President, the Marketing Director, or their designee may represent Five Guys for local or mass media (General
Media) coverage. Should confidential or proprietary information become known to the company, it may lead to disciplinary
action, up to and including termination.
CONFLICT OF INTEREST
It is the policy of Five Guys that employees and others acting on behalf of Five Guys must be free from conflicts of interest that
could adversely influence their judgment, objectivity or loyalty to Five Guys in conducting Five Guys business activities and
assignments. Five Guys recognizes that employees may take part in legitimate financial, business and other activities outside
their Five Guys jobs, but any potential conflict of interest raised by those activities must be disclosed promptly to management.
Points for your awareness:
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Request management approval of outside activities, financial interests or relationships that may pose a real or
potential conflict of interest. Remember that management approval is subject to ongoing review, so you need to
periodically update your management on your involvement.
Avoid personal relationships with other Five Guys employees where parties in the relationship may receive or give
unfair advantage or preferential treatment because of the relationship.
Avoid actions or relationships that might conflict or appear to conflict with your job responsibilities or the
interests of Five Guys.
Be aware that the appearance of a conflict of interest can damage an important company interest.
Obtain necessary management approvals before accepting any position as an officer or director of an outside
business concern.
Notify management prior to serving on the board of directors of a bona fide charitable, educational or other
nonprofit organization.
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Examples of non-permissible conflicts of interest:
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Working with a business outside your Five Guys responsibilities that are in competition with any Five Guys
business.
Accepting a gift that does not meet the standards in the Five Guys Business Gifts Policy.
Having a direct or indirect financial interest in or a financial relationship with Five Guys competitors, supplier or
customer (except for insignificant stock interests in publicly-held companies).
Taking part in any Five Guys business decision involving a company that employs your spouse or family
member.
Having a second job where your other employer is a direct or indirect competitor, distributor, supplier or
customer of Five Guys.
Having a second job or consulting relationship that affects your ability to satisfactorily perform your Five Guys
assignments.
Receiving financial or other benefits (including, but not limited to personal discounts) for a Five Guys employee or
any relative of the employee from suppliers, service providers or customers that are not available to all Five Guys
employees. Financial benefit or the potential for financial gain could arise in cases where an employee or relative
has a significant ownership in a firm with which Five Guys does business, or when an employee or relative receives
any compensation, gift or special consideration as a result of any transaction or business activities involving the
outside firm.
Using nonpublic Five Guys information for your personal gain or advantage or for the gain or advantage of
another, including the purchase or sale of securities in a business Five Guys is interested in acquiring, selling or
otherwise establishing or terminating business relations.
Investing in an outside business opportunity in which Five Guys has an interest, except for having an
insignificant stock interest in publicly-held companies.
Involvement in a romantic relationship between Five Guys employees who have a direct or indirect reporting
connection, where the relationship may lead to loss of trust and confidence in the objectivity of the supervising
employee.
Five Guys respects the right of employees to engage in private activities and personal business outside of their employment
with Five Guys, providing such activities do not conflict with Five Guys interests. In general, a conflict of interest is defined as
an employee activity inconsistent with recognized ethical and legal standards, or which is competitive with or disruptive to
Five Guys business goals. It may also be an activity that deprives Five Guys of the maximum efficiency of its employees with
respect to their jobs, Five Guys, and company policies.
Employees may have outside business interests and employment so long as these do not interfere with job performance. An
employee may not be involved in outside employment or business interests if the employee benefits because of his or her
affiliation with Five Guys.
Employees are directed to consultant with your manager and Human Resources for any situation that potentially violated the
Conflict of Interest policy.
CODE OF ETHICS
All employees are expected to observe all applicable laws, Five Guys policies and practices, common sense rules of honesty,
common decency, general good conduct and friendliness so that the action of one individual will not be detrimental to other
employees, customers, Five Guys, or the general public. The statements below represent Five Guys values and standards for
ethical personal conduct and business practices. This policy applies to all employees of Five Guys when you are working at our
facility, on business travel, and in your daily conduct.
Your Obligations to Customers
1. Treat all customers with the utmost respect and courtesy.
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2. Give all customers the price and service to which they are entitled.
3. Do not engage in bribes, bartering, kickbacks or any actions that may influence a customer, vendor, supplier or
employee.
4. Keep all customer business and account information confidential.
Your Obligations to Suppliers
1. Treat all suppliers fairly and diplomatically.
2. Solicit no inducements that are unavailable to others under like circumstances.
3. Do not engage in bribes, bartering, kickbacks or any actions that may influence a customer, vendor, supplier or
employee
4. Do not accept material gifts over $25 from suppliers, without prior authorization from senior management.
Your Obligations to Five Guys
1. Protect and keep confidential all Five Guys business information
2. Immediately disclose to your manager, Human Resources and CEO or COO any potential conflict of interest, i.e.,
financial interest in, or relationships with customers, suppliers or competitors.
3. Have no secret accounts, slush funds or other undisclosed transactions.
4. Immediately report felony arrests to Human Resources.
5. Refuse to act or cooperate in an illegal, immoral, or unethical manner that may negatively damage the Five
Guys Brand.
6. Do not give or make illegal political contributions, bribes, gifts or payments to government employees.
7. Compete aggressively, but in a legal and highly ethical manner.
8. Obtain the maximum possible profit for stockholders.
Your Obligations to Coworkers
1. Treat all coworkers with courtesy and respect, regardless of personal differences or backgrounds.
2. Positively contribute to team morale, the workplace environment and the daily conduct of Five Guys business.
3. Refrain from making all negative comments (including jokes and gestures) or other interactions that fail to support
coworkers, Five Guys business, customer relationships and the overall reputation of Five Guys and its employees.
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COMPANY EVENTS POLICY
Throughout the year, employees may participate in Company sponsored social events, dinners, parties, etc. Most such events
are optional and attendance is not required. Thus, no accidents, injury or illness as a result of an optional company event shall
be considered to have occurred “at work”. Employees are expected to conduct themselves in these social situations in an
appropriate manner and while the atmosphere may be more relaxed, the same standards of behavior apply as in the office.
Finally, in cases where alcohol is available or served, employees are reminded to be cautious and to control their consumption
and the consumption of their guests. Although these events are not work related, they can adversely affect your employment.
FIVE GUYS BUSINESS GIFTS POLICY
Individual employees are prohibited from accepting gifts from current or prospective suppliers and vendors valued at over
$25.00. All gifts that exceed our value limits must be reported to the President. Small items, including trade show giveaways
such as key chains, notepads, etc., may be retained by the employee for personal use. It is recognized that some vendors such
as caterers or printers might provide ‘samples’ of their goods to give staff a better idea of their product. This practice is
considered acceptable. Gifts of food items, such as Christmas gift baskets, are considered to be gifts to the entire staff and not
just to one person.
RESIGNATION
Although Employees resigning from Five Guys may do so with or without notice per our employment-at-will policy, we hope
that employees exercise professional courtesy and provide a customary minimum of two weeks’ notice in writing before
terminating employment. Proper notice allows Five Guys sufficient time to determine all monies to which you may be entitled
in calculating your final paycheck. This resignation policy does not change the at-will nature of your employment. You are not
entitled to work the full two weeks and are subject to dismissal at any time.
Prior to departure, an exit interview may be scheduled to out-process employees from Five Guys and to determine the effect
of the resignation on benefits.
Employees are responsible for returning all of Five Guys equipment (e.g., Handbooks, keys, credit cards, gift cards, books,
passwords, and materials). Employees are also expected to settle all outstanding financial matters regarding reimbursements
and advances prior to the issuance of a final paycheck.
PROBLEM RESOLUTION
Five Guys is committed to providing the best possible working conditions for its employees. Part of this commitment is
encouraging a direct and open atmosphere in which any problem, complaint, suggestion, or question will receive a timely
response from Five Guys supervisors and management.
It is the sincere intent of Five Guys to be fair and reasonable with all employees at all times; therefore, any employee who
believes that he or she has been treated improperly or unfairly has recourse for resolution of such a complaint.
All complaints should be initially reported to the employee's supervisor as soon as possible after the incidence occurs. If it is
inappropriate to contact your supervisor or if you are uncomfortable doing so, a member of Human Resources should be
contacted. A written report of all complaints should be submitted soon after the initial notification. Within any dispute
resolution situation, all employees and staff members shall approach the facts and issues surrounding these matters in a
discreet and confidential manner.
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If the supervisor or member of Human Resources is unable to resolve the situation within established policies and to the
satisfaction of the employee, then the employee and/or supervisor shall promptly present the problem, in writing, to a
member of senior management. This official will consult with the other members of senior management for a resolution.
REASONS FOR COACHING AND DISCIPLINARY ACTION, UP TO AND INCLUDING TERMINATION
Five Guys may decide at its discretion to coach, warn, discipline, suspend, or discharge employees with or without progressive
disciplinary actions. Generally, the appropriate action based on policy or performance violations will depend on the severity
of the problem, the employee's past performance, or the needs of the business based on management decisions. Management
requests for involuntary discharges should first be reviewed with Human Resources.
Although Five Guys strives for structure and fair review whenever possible, that does not change our position as an at-will
employer, which means that any employee may resign or be involuntarily discharged for any reason or no reason at all, with
notice or without notice.
In establishing rules of conduct, the company has no intention of restricting the personal rights of any individual. Rather, we
wish to define the guidelines that protect the rights of all employees and to ensure reasonable understanding and cooperation.
The following list of work rules is an illustration of the type of behavior that will not be tolerated by Five Guys. This list is not
all-inclusive, but represents common infractions that have been addressed by the company. Any employee who violates any
of the work rules listed in the Employee Handbook or those behaviors that are determined as unreasonable by management
may be subject to disciplinary action, up to, and including termination of employment. The level of disciplinary action taken
will be determined at management’s discretion and judged by the severity of the violation.
EXAMPLES OF POLICY VIOLATIONS
1. The use, possession, being under the influence or distribution of illegal drugs or alcohol on Company property
and/or Company time; or evidence of possession, use, or distribution of illegal substances at any time. Reporting
to work with reasonable evidence of alcohol or illegal or illicit drugs in the associate’s system.
2. Stealing, conspiring in or knowingly permitting the theft of Company property, time, or resources, as well as
fellow associates and customers’ property.
3. Violating the Company’s Fraternization policy or social relationships among employees that create disruption to
Five Guys operations.
4. Unsatisfactory job performance, inability to perform essential job functions, including insubordinate behavior
and the refusal to perform job-related tasks.
5. Soliciting or distributing literature to any associate or non-associate while on work time.
6. Making unwelcome sexual and/or other unlawful advances, inappropriate joking violating sexual/unlawful
harassment and/or legally protected classes, requests for sexual favors, or any other verbal or physical
conduct of a harassing or discriminating nature.
7. Carrying, concealing or storing weapons (firearms, handguns, knives, any explosive materials, or any other objects
that can be used to threaten, harass, intimidate, cause injury or death of another individual) on any Five Guys
property, including Company parking lots; threatening and/or intimidating any Five Guys associate, competitor,
vendor, or customer in any way except where specifically permitted by law.
8. Engaging in securities transactions on the basis of information not available to the general public and which, if
known to outsiders, might affect their investment decisions.
9. Failure to follow the “Code of Safe Practices,” including the procedure for reporting workplace accidents.
10. Failure to follow Five Guys’ established policies and procedures.
11. Refusal to cooperate in a Company investigation of a Company related issue, which includes misrepresenting or
omitting relevant information.
12. Misappropriation of Company merchandise or other property, including information.
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13. Refusal to voluntarily allow management to search desks, workstations, lockers or motor vehicles (if on Company
property), and carryalls including, but not limited to, purses, briefcases, backpacks and/or parcels transported by
an associate coming to or from work. This includes company computer systems, smart phones or any company
property.
14. Inappropriate use and/or sharing of access cards, codes, timekeeping and passwords.
15. Misrepresenting or omission of time worked or worked performed.
16. Excessive tardiness or absenteeism.
17. Absenteeism for one or more consecutively scheduled workdays and failing to contact your direct manager or
another manager (if direct manager is not available).
18. Absence for three consecutively scheduled workdays without notification or approval is defined as “job
abandonment.” In cases of “job abandonment” the Company considers the associate to have voluntarily
resigned his or her position with Five Guys.
19. Smoking in nonsmoking areas.
20. Violation of the Use of Company Equipment and Systems policy.
21. Unauthorized use, distribution, or removal of Company information, which includes personal use of customer
information.
22. Failing to treat associates, vendors, competitors, or customers with respect.
23. Offensive conduct, including rudeness, when working with fellow associates, customers, business guests or
competitors.
24. Engaging in horseplay, disorderly conduct, malicious behavior, or violation of common sense safety rules.
25. Removing or defacing notices on Company bulletin boards or abusing or destroying Company property.
26. Providing confidential or proprietary information of the company to those not having a need to know for Five
27. Guys business interest, whether on or off duty.
28. Demonstrating misconduct which violates the Equal Employment Opportunity laws, similar state laws or acts of
retaliation which violate the law or Company policy.
29. Falsification of Company documents, including misrepresentations on application for employment.
30. Violations of any other practice or procedure as announced by Company Management.
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SAFETY AND SECURITY
FGO SAFETY AND SECURITY POLICIES AND PROCEDURES
Cash Handling
 Register (cash drawer) keys should not be in use at any restaurant
▪ Each Manager should have their fingerprint enrolled to perform all Management functions on POS,
including opening the cash drawer
▪ Numeric POS login codes should not be used by Managers, only fingerprint access
▪ Manager POS login codes should not be shared with another employee (including other Managers).
− Codes should be changed if made public.
▪ Register keys should be kept locked in safe, only for use in event of power outage

Pre-Shift:
▪ Manager is to reconcile every piece of cash in the safe (including petty cash)
− Cash Log should be filled out completely and signed
▪ Cash drawer, after being removed from safe and reconciled by Manager, should be counted and verified
by the crew member who will be operating the register
− Cash Log should be completed and signed by both the Manager and the Cashier

During Shift:
▪ After cash drawer has been verified, drawers are not to be shared. Be mindful that once an employee signs
on to a cash drawer, they are responsible for it.
− To ensure: POS terminal should be “locked” each time cashier must walk away from it
▪ When customer pays cash, bill(s) should be laid across cash drawer until change is counted and given to
customer.
− After change is given, payment bill(s) should be placed in appropriate slots in cash drawer
▪ If a customer ever questions/challenges the amount of change they were given, or asks for change for a
bill, or anything outside of the ordinary transaction:
− Close the cash drawer and immediately call the Manager over
− DO NOT hesitate at any time to shut your cash drawer and get the help of a Manager if you are at
all confused about any transaction.

Post-Shift:
▪ End of Cashier’s shift:
− Cash drawer should be reconciled by Cashier, with Manager present.
− Cash drawer should be reconciled a 2nd time by Manager, with Cashier present
− Both Cashier & Manager should sign completed cash log reflecting reconciliation, before leaving
shift
▪
End of Manager’s shift:
− Manager is to reconcile every piece of cash in the safe (including petty cash)
− Cash Log should be filled out completely and signed
− If handing off shift to another Manager, both Managers are to fully reconcile the safe counts and
sign off on Cash Log appropriately
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F I V E G U Y S O P E R A T I O N S , LL C – E M P L O Y E E H A N D B O O K

IMPORTANT NOTES:
• $50 & $100 Bills
− Only Managers may accept a $50 or $100 bill
− When presented with one of these bills, cashier should call the MOD over
− Only the MOD is authorized to complete any transaction involving a $50 or $100 bill
− Security Tests that must be performed by MOD before accepting either bill:
o Light Test – hold bill up to light to verify both the watermark (President’s face) & the security
strip (quoting the bill amount)
o Counterfeit Pen Test
o Machine Test (for locations with counterfeit machines)
− If bill passes the tests, MOD must complete the remainder of the transaction
− If bill does not pass the test, MOD is to address the guest
o Politely request another form of payment
o If the guest has no other form of payment, DO NOT accept the bill!
 OD’s discretion to comp meal for payment at a later date/time.
•
All $10 and $20 bills are to be checked with a counterfeit marker by Cashier, before accepting as payment.
− If a bill is ever flagged by the Counterfeit marker, the MOD should immediately be called over to
handle the situation.
− Counterfeit Machines must also be used on every $10 and $20 bill, if machine is present.
•
If a store should accept a counterfeit bill, the District Manager should be immediately notified. The DM
should call the police and turn the counterfeit bill over to them.
Reconciling cash should always take place at the Manager’s desk.
− NEVER at the POS terminal, or anywhere in line of sight of windows
− AM pre-shift counts should be done before opening for business and before entrances are
unlocked
− PM post-shift counts should be done after business is closed, all customers have exited the store,
and all entrances are locked.
•
•
•
Change Ordering
− Every FGO location is set up on a change ordering program through their armored car service
− This program is the only acceptable method of purchasing change for our operation
− Under no circumstances should an FGO employee leave the store with cash to purchase change or
make a deposit.
− Change orders (amount and Bag #) should be recorded in the Red Book and on the weekly
spreadsheet.
Deposits
− A deposit should be made for each shift.
− If 1, or no, deposits are made, there needs to be an explanation on the weekly spreadsheet (i.e.
no power, holiday, etc.).
− Deposit slips are store and account specific and cannot be shared among restaurants.
− Cash deposits should not include gift certificates or checks. These should be deposited separately.
− The name of the person making the deposit needs to be entered in the space provided at the
bottom of the deposit slip.
− Shift must be identified with a “D” for Day deposit or “N” for Night deposit in the top right-hand
corner of the deposit slip.
− Deposit slips and bags will be automatically shipped to the stores every 6 months.
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F I V E G U Y S O P E R A T I O N S , LL C – E M P L O Y E E H A N D B O O K
Safety Procedures
• Pre-Open
▪ Manager should never enter store alone. Always schedule at least 1 staff member to work and enter store
together.
− Before entering store, visually assess outdoor area (front and back).
o If anything appears unsafe, or it appears there has been a break-in overnight, DO NOT enter
store. Contact local law enforcement immediately, and then your DM.
▪ Doors should remain locked until open for business
▪ Back door should not be used until open for business
▪ All cash reconciliation should take place at Manager’s desk, never in an area that can be viewed from
windows
▪ Food deliveries
− Before open for business, they should be delivered through front door
− Doors should never be propped open. In some cases, a crew member should be used to help
open/close door during delivery
− Deliveries should never be made between 11am - 2pm
•
•
During Business Hours
▪ Back door should remain closed and locked AT ALL TIMES, when not in use
− Panic hardware should be in place and active
− Back door will be used for deliveries and trash during business hours, but should immediately be
locked upon re-entry
▪ After Dark:
− Back door should be shut and locked for good when it gets dark outside.
o Trash should be taken out the front door, using the buddy-system
o Try to consolidate/minimize trash runs after dark
− Any staff members with cars should move their car to a parking space that is visible from the front
windows (this should be done after 8pm, but before closing time)
After Close
− Doors should be shut and locked immediately after business is closed
o Check bathrooms for guests before locking up
− NO trash runs should be made after close.
o Trash should be piled in BOH trash cans and left for the next day’s crew to take out
o To minimize the amount of trash left overnight, try to get a final trash run made 30-60
minutes before closing, using the front doors & buddy system
− Nobody should be allowed in the restaurant after close.
− No deliveries should be accepted after close
− Cash Reconciliation
o All cash reconciliation should take place at Manager’s desk, never in an area that can be
viewed from windows
o Cash reconciliation should not take place until the final customers have left, and the doors
are all shut, secure and locked
o Unsecured Cash should never be left unattended, not even for a minute.
• If the Manager needs to step away from Cash Reconciliation to handle another issue,
the cash must be secured in the safe before stepping away
− The entire closing staff is expected to leave at the same time at the end of the night.
• The Manager should NEVER be left alone in the restaurant
− Before walking out the door:
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F I V E G U Y S O P E R A T I O N S , LL C – E M P L O Y E E H A N D B O O K
o Visually assess the outside area through the window
• Do not hesitate to call local police authorities for an escort to your car if anything
appears unsafe
o Leave pre-determined lights on overnight
o Double-check that all cooking equipment is turned off
o Double-check that the cash safe is shut and locked
o Double-check that all doors are shut and locked
o Leave empty register doors open
o Set the alarm
o Everyone walks out the same front door, lock the door behind you.
o DO NOT re-enter the restaurant alone, for any reason.
•IMPORTANT:
▪ Staff
−
−
−
Managers are the only staff members authorized to access Cash & Petty Cash funds from the safe
Employees should not be at the restaurant when they are not scheduled to work
Friends/Family of employees are not allowed to loiter at the restaurant
▪
Loitering
− Is not accepted at any location for any reason
▪
Keys/Safe/Security Surveillance
− Keys should only be issued to authorized Managers
− Safe combinations should only be issued to authorized Managers
− Security Codes should only be issued to authorized Managers
− A log should be kept to properly track all of the above
− Train all staff members on the location of silent alarm triggers; make this a part of new hire
orientation. Remind your staff quarterly.
− Safe combinations and security codes should be changed every Quarter of the Year, and/or any
time there has been a Management change at any level.
▪
In Event of Robbery
− It is very important we always refresh ourselves on our Safety & Security Policies, and that we
always teach/enforce them with our staff. We must always do everything in our power to prevent
any dangerous scenarios. With that being said, there will always be the possibility of scenarios
arising that we cannot predict or prepare for. In the event of a robbery:
o No one should risk their own life, or the lives of other, in attempts of heroism. The only thing
that matters in the event of a robbery is the safety of our staff and guests
o Stay calm – it should be over quickly
o Presume the robber(s) has a weapon, and it is real
 NEVER ask to see the weapon, or presume it is fake
 NEVER question or challenge the robber
o Do whatever they ask
o Give them whatever they ask for
o Do not make sudden movements, follow their directions exactly
• When it is over:
o Stay calm
o Activate the alarm
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F I V E G U Y S O P E R A T I O N S , LL C – E M P L O Y E E H A N D B O O K
o
o
o
o
Call 911
Check for injuries
Contact your DM
Record anything you can remember
SAFETY IN THE WORKPLACE
Five Guys has established safety and security rules and guidelines in an attempt to protect its employees and others, along with
the property and equipment of Five Guys. Additionally, federal, state and local governmental authorities such as the Federal
Occupational Safety and Health Administration (OSHA), State OSHA and National Fire Protection Association (NFPA), have
established safety and security rules and regulations that apply to the business activities of Five Guys (including field and office
operations). Employees are responsible for familiarizing themselves with all Five Guys safety and security rules and guidelines.
In addition to Five Guys safety and security rules and guidelines, each employee should make himself/herself familiar with his
or her workplace and any additional special safety and security rules applicable to the designated work area, and any applicable
OSHA, and/or other governmental authority safety rules and regulations.
Disregarding any safety or security rule or guideline of Five Guys, or any other applicable governmental safety rule or regulation
is grounds for disciplinary action, including suspension of employment and/or termination of employment. As an employee, if
you feel your workplace is unsafe, or that the performance of your job duties, or any other circumstance, creates an unsafe
condition or a danger to you, another person, or the property of Five Guys or another party, you should immediately suspend
such activity. Safety and security concerns must always take precedence. Any unsafe condition should promptly be reported to
a Five Guys manager. If such unsafe condition creates an ongoing unsafe situation or environment, or if no action is taken by
the manager to remedy the situation, you are asked to contact our Risk (Safety and Compliance) office:
Karen Agostinho, Director, Risk Management
Direct line: 703-436-1959
Email: KAgostinho@fiveguys.com
Five Guys Enterprises, LLC
10718 Richmond Highway, Lorton, VA 22079
It is the responsibility of each manager and supervisor to see that every employee at Five Guys is provided with safe working
conditions, that all safety regulations are observed and that employees are using good common sense to protect themselves,
and others, and the property and equipment of Five Guys, its employees and others. The safety rules and guidelines below and
all applicable governmental rules and regulations are standard procedures that all Five Guys employees must follow.
The following are illustrative of good safety practices and are not intended to be, and should not be considered, an exhaustive
list of applicable safety practices. All employees are expected to use good common sense in applying these and other safety
rules and guidelines to the applicable workplace, and/or office facilities. Further, all employees are expected to use good
common sense in applying these and other safety rules and guidelines to the applicable workplace in an effort to enhance the
safety of employees and others, and the property and equipment of Five Guys, its employees and others.
1.
Smoking is not permitted in any Five Guys office, store, warehouse, or facility.
2.
OSHA and ANSI approved First Aid supply kits are provided in or near the work area. It is the responsibility of each
supervisor to see that the First Aid kits remain well stocked and in an easily accessible location.
3.
Know where fire extinguishers are located and how to use them.
4.
Know emergency response procedures to include how to response to either natural and man-made events or
criminal activity.
5.
In the event of a critical incident take appropriate action for the protection of people and property and notify the
Risk Management Team.
6.
Report all defective materials, machinery, or equipment to your supervisor or a manager promptly. Use equipment
only for its intended purposes.
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F I V E G U Y S O P E R A T I O N S , LL C – E M P L O Y E E H A N D B O O K
7.
Report violations of security procedures, fraudulent acts or suspicious activity (See something, Say Something).
8.
Where needed, Five Guys will provide personal protective equipment (PPE), which shall be used at all times while
working in applicable areas where warranted.
9.
Practice good housekeeping. Keep work area clean and free from stumbling hazards, hazardous materials, fire
hazards, grease, and unsafe conditions.
10. When lifting heavy loads, do so in a correct and safe manner; bend knees and keep back erect. Do not lift heavy
loads if you are physically impaired such that doing so could cause harm. Seek assistance for any lifting that you
cannot safely do yourself.
11. No scuffling or horseplay is permitted on the job.
12. Do not run within the work area.
13. Do not allow materials, supplies or trash to be stored in an unsafe manner or place, such as aisles, hallways,
stairways or blocking fire exits.
14. Supervisors are responsible for insuring that all vendors adhere to all Five Guys safety rules and guidelines and all
applicable governmental safety requirements.
15. Keep safety railings, fall guards and protective devices in place at all times.
16. Do not attempt to operate special machinery or equipment without proper training, permission and instructions.
17. Do not repair or adjust machinery while it is in operation and power is locked out and tagged out and never oil
moving parts except on equipment fitted with safeguards specifically for this purpose.
18. Understand all Safety Data Sheets (SDS) associated with chemicals in the workplace and do not use any chemicals in
any manner other than its intended use and as specified in the SDS.
19. Follow specified Workers’ Compensation guidelines for employee injuries.
20. Help prevent slips trips or falls by immediately cleaning up any spills.
WORKPLACE VIOLENCE PREVENTION
The Company has established a “zero tolerance” policy regarding acts or threats of violence against co-workers, customers,
visitors or any other persons who either are on the Company’s premises or have contact with employees in the course of their
duties. Security and safety are every employee’s responsibility. Five Guys strongly believes that all employees should be
treated with dignity and respect and that all employees are responsible for her or his actions and consequences. Thus, acts of
violence, threats, intimidation or implied threats of violence will not be tolerated and will be promptly investigated. The
carrying of weapons including, but not limited to, firearms and knives on company or customer premises is strictly prohibited,
except where specifically permitted by state law. In those limited instances, firearms must remain locked in your personal
vehicle. Any violation of this policy may lead to disciplinary action, up to, and including termination, as well as intervention by
local law enforcement.
Additionally, employees have a “duty to inform” their supervisors, members of Human Resources, or senior managers and
local law enforcement (calling 911 if urgent) of any suspicious workplace activity, situations, or incidents that appears violent
and serious in nature. This includes, but is not limited to, threats or acts of violence, aggressive behavior, and threatening or
offensive comments or remarks. While it is not possible for Five Guys to guarantee the absolute safety of employees or
customers in every situation, all reports will be promptly and thoroughly investigated and every possible attempt will be made
to prevent such acts.
JOB-RELATED INJURY REPORTING AND WORKER’S COMPENSATION
Five Guys provides a comprehensive Workers’ Compensation insurance program at no cost to employees for accidental injuries,
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F I V E G U Y S O P E R A T I O N S , LL C – E M P L O Y E E H A N D B O O K
work related illness, or occupational disease exposures that arise out of or in the course and scope of employment. Workers’
compensation benefits include, medical care, surgical, hospital services and medicines that are reasonably necessary to treat
your injury. Workers’ compensation benefits include: Temporary Disability Benefits (payments if you lose wages while
recovering), Permanent Disability Benefits (payments if your injury causes a permanent disability) and Death Benefits, paid to
dependents of an employee who dies from a work-related injury or illness.
If you get hurt, you are required by law to report your injury immediately to your supervisor or an employer representative.
Don’t delay. There are time limits that the State imposes and you may lose your rights to benefits if you fail to report your
injuries in a timely manner. Supervisors should follow their store location procedures for notifying the appropriate emergency
medical services.
WARNING!! It is a crime to provide false or misleading information to an insurer for the purpose of defrauding the insurer
(insurance carrier) or any other person. Penalties include imprisonment and/or fines. In addition, an insurer may deny insurance
benefits if false information materially related to a claim was provided by the claimant.
Five Guys does not discriminate or retaliate against employees who have filed legitimate Workers’ Compensation claim.
Managers and supervisors will not take or threaten any action to compel or persuade employees not to file a Workers
Compensation claim.
Managers/Supervisors: You must immediately report all work place injuries or occupational disease exposures on the same
day of the incident in the Risk Management Incident Reporting system at risk.fiveguys.com.
Additional information regarding “Right to Know” posting notices can be viewed at your store location.
Questions or concerns may be directed to:
Lakeisha Abrams, Claims Intake Administrator
Direct line: (571) 642-3794
Email: LAbrams@fiveguys.com
Five Guys Enterprises, LLC
10718 Richmond Highway
Lorton, VA 22079
WORKERS COMPENSATION
Workers Compensation provides expert guidance for all work-related injuries.
Any WORK-RELATED injury must be reported immediately to:
Lakeisha Abrams, Claims Intake Administrator
Direct line: (571) 642-3794
Email: LAbrams@fiveguys.com
SAFETY/RISK
The Director, Risk Management is the expert for all areas regarding employee safety programs and compliance.
Karen Agostinho, Director Risk Management
Direct line: 703-436-1959
Email: KAgostinho@fiveguys.com
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TIME AWAY FROM WORK
FAMILY AND MEDICAL LEAVE
FMLA Eligibility
To be eligible for FMLA an employee must have been employed for at least 12 months and must have worked for at least 1,250
hours during the previous 12-month period. Additionally, the employer must employ at least 50 employees within a 75-mile
radius of their worksite.
The right to take leave under FMLA applies equally to male and female employees. An unpaid leave of absence of up to 12
weeks in a period of 12 consecutive months from the first day that the eligible leave has been used will be granted to all eligible
employees for the following purposes:
•
•
•
•
•
•
For the birth of a son or daughter, and to care for the newborn child.
For placement with the employee of a son or daughter for adoption or foster care.
To care for the employee’s spouse, child, or parent who has a serious health condition (an illness, injury,
impairment, or mental condition that involves inpatient care or continuing treatment by a health care provider).
To recover from or obtain treatment for the employee’s own serious health condition which renders the employee
from performing the essential job functions of his or her position.
Due to a “qualifying exigency” arising out of the fact that your spouse, son, daughter, or parent is on active military
duty.
Up to 26 weeks of leave to care for a spouse, son, daughter, parent or next of kin who is a member of the Armed
− Services who has a severe illness or injury incurred in the line of active
duty.
Amount and type of FMLA
The 12 weeks of eligible leave is to be taken, and will be calculated, within a 12- month period that begins on the first day the
eligible leave has been used. Employees on FMLA must first utilize and exhaust all unused or accrued PTO, disability benefits,
and worker’s compensation benefits before they take leave without pay. Paid leave will be counted in the 12 weeks of leave
permitted under FMLA.
Benefits during FMLA leave
Coverage under the existing Group Medical Insurance Plan will be continued during the leave of absence under the same terms
as if the employee continued work. The employee must continue co-payments of all applicable premiums.
Additionally, Five Guys may recover its share of health plan premiums during a period of unpaid FMLA leave from an employee
if the employee fails to return to work after the employee’s leave entitlement expires, unless the reason the employee does
not return is due to:
•
The continuation, recurrence, or onset of a serious health condition of the employee or the employee’s family
member, which would otherwise entitle the employee to leave under FMLA.
Reinstatement following FMLA
Upon return from an FMLA absence, employees are normally restored to their original or equivalent positions with equivalent
pay, benefits, and other employment terms. However, an employee may be denied restoration in certain limited areas as
defined by law, to their original or equivalent positions.
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An employee whose FMLA leave was occasioned by the employee’s own serious health condition may be required to present
certification from their health care provider that the employee is able to resume work.
Intermittent - FMLA
Employees taking leave because of their own health condition or a relative’s serious health condition can take their allotment
of FMLA leave intermittently or in accordance with a reduced work schedule if this is medically necessary. When employees
have some control over the timing of their leave, they are expected to consult with their supervisor to arrange a mutually
acceptable time. Employees taking leave to care for a newborn or newly placed child do not have the right to take intermittent
leave and can only do so with their supervisor’s consent.
Medical Certificate
A leave of absence due to the serious medical condition of an employee’s spouse, son, daughter, or parent, or due to the
employee’s own serious health condition that makes the employee unable to perform one or more of the essential functions
of their position may require certification from an appropriate health care provider. If this leave is taken on an intermittent
basis, you may be temporarily transferred to an alternative position for which you are qualified if it better accommodates your
recurring periods of leave.
Request for FMLA
An employee must inform his/her supervisor that he/she requires family or medical leave and when he/she expects to be
absent. Five Guys, however, will process the request for leave and will make the necessary inquiries and evaluation to
determine eligibility for leave. All supervisor notification must be made at least 30 calendar days before the leave is to begin,
unless the need for leave is unforeseeable. If unforeseeable, the request is to be made at the earliest possible time. All requests
for FMLA should be made in writing.
Failure to return from FMLA
Employees who fail to return to work within three (3) business days after the expiration of leave of absence may be considered
to have voluntarily quit and their employment may be terminated.
CONTACT HUMAN RESOURCES FOR FMLA DETAILS AND EXCEPTIONS BY STATE LAWS.
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TIME OFF REQUIREMENTS
Five Guys believes that employees should have opportunities to enjoy time away from work to help balance their lives. We
recognize that employees have diverse needs for time off from work. Five Guys has established this Vacation policy to meet
those needs. The policy contains provisions for vacation time and sick leave. The benefit of this is that it promotes a flexible
approach to time off. Employees are accountable and responsible for managing their own Vacation hours to allow for
adequate reserves if there is a need to cover vacation, appointments, emergencies or other matters that require time off
from work as required by state law. Sick Leave is there to cover sick, disability, medical related appointments, or other medical
related needs that require time off from work.
VACATION
PROCEDURE:
Eligibility
Vacation is accrued upon hire or transfer into a benefit-eligible position and with the job title of General Manager, Assistant
Manager, or DM in Training. Eligible employees must be actively employed and scheduled to work at least forty hours per
week on a regular basis. Employees working less than 40 hours per week on a regular basis, on-call and temporary employees
are not eligible to accrue Vacation. Vacation only applies to, and begins with, employment with Five Guys Operations, LLC
and does not apply to any other Five Guys entity. Non-Vacation-eligible employees will need to request time off to be
approved by management, although such requests will be unpaid unless required by state law.
Availability
Vacation accruals are available for use in the pay period following completion of one month of employment. All hours
thereafter are available for use following the pay period in which they are accrued.
Accrual and Payment of Vacation
Accruals are based upon paid hours up to 2080 hours per year, excluding overtime. Length of service determines the rate at
which the employee will accrue Vacation. Vacation does not accrue on unpaid leaves of absence. Employees become eligible
for the new higher accrual rate on the first day of the pay period in which the employee’s anniversary date falls.
Years of Service in Benefits
Eligible Position
Accrual Rate per Hour
Zero to Three Years
0.03077
Four to Seven Years
0.03846
Seven to Ten Years
0.05769
Ten or more years
0.07692
Annual VACATION Accrual*
Maximum Accrual**
8 days
(64 hours)
10 days
(80 hours)
15 days
(120 hours)
20 days
(160 hours)
8 days
(64 hours)
10 days
(80 hours)
15 days
(120 hours)
20 days
(160 hours)
*Annual VACATION Accruals are based on an employee having 2080 paid hours per year (40 hours per week).
**No VACATION hours will accrue beyond the maximum accruals listed unless otherwise prescribed by state law.
Use and Scheduling of VACATION
Whenever possible, Vacation must be scheduled in advance when used for vacations, personal leave appointments or other
reasons. It is subject to supervisory approval, department staffing needs and established departmental procedures (see Time
Off form). Unscheduled absences will be monitored. An employee will be counseled when the frequency of unscheduled
absences adversely affects the operations of the department. Vacation may not be used for missed time because an employee
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F I V E G U Y S O P E R A T I O N S , LL C – E M P L O Y E E H A N D B O O K
reports late to work, except during inclement weather. Vacation is paid at the employee’s straight time rate. Vacation is not
part of any overtime calculation. Employees are required to use available Vacation when taking time off from work. Vacation
may be taken in increments as low as one (1) hour. Employees may only borrow against their Vacation banks at the discretion
of their supervisor. Borrowing against their Vacation bank is capped at forty (40) hours and the employee is responsible for
paying it back if they leave before it is repaid. When Vacation is used, an employee is required to request payment of Vacation
hours according to his/her regularly scheduled workday. For example, if an employee works a six-hour day, he/she would
request six hours of Vacation when taking that day off. The amount will be capped at 8 hours per day. So, if an employee works
a 10-hour day, they will put in for 8 vacation hours.
Roll-Over
There will be no roll over allowed from one year to the next, except where otherwise prescribed by state law.
Payment upon Termination
After 90 days of employment, an employee will be paid upon resignation, separation or retirement for all Vacation
hours accrued but unused, unless state law requirements otherwise prevail.
SICK LEAVE
PROCEDURE:
Eligibility
The Company provides paid Sick Leave benefits to all eligible employees for periods of temporary absence due to illnesses or
injuries. Sick Leave is accrued upon hire or transfer into a benefit-eligible position and with the job title of General Manager,
Assistant Manager, or DM in Training. Eligible employees must be actively employed and scheduled to work at least forty hours
per week on a regular basis. Employees working less than 40 hours per week on a regular basis, on-call and temporary
employees are not eligible to accrue Sick Leave. Sick Leave only applies to, and begins with, employment with Five Guys
Operations, LLC and does not apply to any other Five Guys entity. Employees should check the Human Resources supplement
pages for State Law exceptions, or check with their Human resources representative.
Availability
Sick Leave accruals are available for use in the pay period following successful completion of the ninety (90)-day introductory
period. All hours thereafter are available for use following the pay period in which they are accrued.
Accrual of Sick Leave
Accruals are based upon paid hours up to 2,080 hours per year, excluding overtime. Length of service determines the rate at
which the employee will accrue Sick Leave. Sick leave benefits are calculated on the basis of a "benefit year"; the 12-month
period that begins when the employee starts to earn sick leave benefits. Sick leave does not accrue on unpaid leaves of
absence. Employees become eligible for the new higher accrual rate on the first day of the pay period in which the employee’s
anniversary date falls.
Years of Service in Benefits
Eligible Position
Accrual Rate per Hour
Zero to Three Years
0.01538
Four or More Years
0.01923
Annual Sick Accrual*
Maximum Accrual**
4 days
(32 hours)
5 days
(40 hours)
4 days
(32 hours)
5 days
(40 hours)
*Annual Sick Leave Accruals are based on an employee having 2080 paid hours per year (40 hours per week).
**No Sick Leave hours will accrue beyond the maximum accruals listed unless otherwise prescribed by state law
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Use and Scheduling of Sick Leave
Paid Sick Leave can be used in minimum increments of 1 hour for eligible employees. If an employee requests Sick Leave and
does not have accrued available sick time but has accrued available vacation time, vacation hours will be automatically applied.
Employees are not permitted to request unpaid Sick Leave if they have accrued available sick or vacation time. Advancement
of Sick Leave is not permitted.
An eligible employee may use Sick Leave benefits for an absence due to his or her own illness or injury, the illness of the
employee’s child, spouse, legal dependent, or other FMLA qualified reason. Employees who are unable to report to work due
to illness or injury should notify their immediate supervisor and Human Resources before the scheduled start of their workday
if possible. The immediate supervisor and Human Resources must also be contacted on each additional day of absence.
If an employee is absent for two or more consecutive days due to illness or injury, a physician’s statement must be provided
verifying the disability and its beginning and expected ending dates. Such verification may be requested for other Sick Leave
absences as well. Before returning to work from a Sick Leave absence of three calendar days or more, an employee must
provide a physician’s verification that he or she may safely return to work. Sick Leave benefits will be calculated based on the
employee’s base pay rate at the time of the absence and will not include any special forms of compensation such as incentives,
commissions, bonuses or shift differentials.
Roll-over
In the event that employees have available Sick Leave at the end of the benefit year, employees may not carry unused time
forward to the next benefit year.
Payment upon Termination
Unused Sick Leave benefits will not be paid to employees while they are employed or upon termination of employment.
FAMILY BONDING LEAVE (Rev 6-5-2019)
Five Guys understands the extreme importance and value of early family bonding after the birth of a child or placement for
adoption. Therefore, the company benefits related to what is typically known as Maternity and Paternity Leave are provided
as Family Bonding Leave with equal provisions regardless of the employee’s gender. Adoptive parents will receive the same
benefits as those who are giving birth.
Family Bonding Leave under this policy is a paid leave for all full-time FGO General Managers and Assistant Managers (both
hourly and salaried) associated with the birth of an employee’s own child or placement of a child within an employee’s home
for adoption. Family Bonding Leave is not charged against the employee’s PTO, and the amount of paid time received is six to
twelve weeks depending on the employee’s length of service. Employees may elect to utilize their accrued PTO at the end of
their family bonding leave entitlements, as well as exercise their rights to use unpaid leave entitlements in accordance with
Family and Medical Leave Act (FMLA). If the employee needs additional leave due to medical complications, they should notify
Five Guys as soon as possible. This additional time will be treated the same way as leave for any other type of medical issues
or temporary disabilities.
Health insurance benefits will continue to be provided during the paid family bonding leave under this policy at the same rate
as in effect before the leave was taken regardless of length of service, with the employee continuing to pay their portion of
the premium for coverage.
This leave may be utilized beginning before the actual delivery of the child if the employee is deemed unable to continue work
due to pregnancy related issues. The employee must provide 30 days’ notice (or as much notice as practicable if the start of
the leave is not planned or foreseeable) to the department head of the request for leave and complete the necessary forms
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and file with the Human Resources Department. This leave must be used within the child’s first year of life, or the first year
after placement for adoption. Because Five Guys recognizes that every family has different needs, employees may divide their
family bonding leave benefit into separate blocks of time (such as half when the child arrives and the other half when one of
the parents returns to work). Additionally, an employee can choose to use part of their family bonding leave to work a reduced
schedule when returning to work after a child’s arrival. Example - Gloria has been an employee at Five Guys for 3 ½ years. She
is entitled to 9 weeks total of paid family bonding leave and can take 6 full weeks off and another 6 weeks of working half
days. Anthony has worked for Five Guys for 1 year and is entitled to 6 weeks of paid family bonding leave. He can choose to
take 4 weeks off when his baby is born and then another two weeks when his co-parent returns to work several months later.
Family Bonding leave is considered time used against the maximum twelve weeks of FMLA and runs concurrently with FMLA
or any other leaves for which the employee is eligible where permitted by law.
Employees not eligible for FMLA leave should refer to the Leave of Absence Policy after the term of paid family bonding leave
is completed regarding continuation of insurance coverage for employees on unpaid leave of absence.
The paid leave is compensated at the employee’s regular salary/rate of pay and is based on a 40-hour work week. The length
of the paid sick leave is based on the length of service with the company as follows:
•
•
•
0-2 years of service: 6 weeks
3 years of service: 9 weeks
4 years of service: 12 weeks
Temporary and part time employees are not eligible for family bonding leave. Temporary employees who may be eligible for
leave under the FMLA are limited to 12 workweeks of unpaid leave and are ineligible for additional leave granted under this
policy
FGO BEREAVEMENT POLICY
In the unfortunate event that an FGO manager (General Manager, Assistant Manager) suffers the loss of an immediate family
member, they will be eligible for paid Bereavement Leave, not to exceed 3 days. For purposes of this policy, immediate family
is defined as spouse, children, parents, step-children, step-parents, brothers, sisters, grandparents and grandchildren. The
leave period is to be taken on three (3) consecutive days, and if the employee’s regularly scheduled day off takes place during
that time, the leave period is not extended an extra day. In the event that the funeral or other final arrangements for the
decedent is scheduled for a future date or there are special circumstances, the employee will be able to split the leave period
with District Manager’s approval (example – one day taken when the news is received, and two days taken a week later when
services are held). Employees may be required to present documentation of their loss or the need for special accommodations.
General Managers and Assistant Managers who are compensated on an hourly basis (vs. Salary) will be paid the equivalent of
8 hours pay for each of the days (not to exceed 3) they are absent from work while on bereavement leave. The same provisions
and exclusions of the policy apply (days taken consecutively unless approved prior, etc.). If their normally scheduled day off
falls during the three (3) consecutive day period, they will not be paid any hours for that day.
PAID FAMILY LEAVE
Employees may be eligible for Paid Family Leave (PFL) wage replacement benefits, in some states, which are funded through
payroll deductions and coordinated through state programs. PFL provides limited compensation during the six weeks of unpaid
PFL by Five Guys. PFL requires exhausting a 7-day waiting period when an employee needs to take leave from work to care for
a parent, child, spouse or registered domestic partner who is seriously ill, or for a working parent who wants time to bond
with his or her newborn, foster child or newly adopted child. The PFL program does not provide employees with a right to
other forms of leaves of absence; it is limited to a state-mandated wage replacement benefit. Employees should consult with
Human Resources for eligibility requirements by State for PFL.
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DISABILITY INSURANCE
Each employee contributes to applicable state programs to provide disability insurance pursuant to state laws in their state.
Contributions are made through a payroll deduction. Disability insurance is payable when you cannot work because of illness
or injury not caused by employment at the Company or when you are entitled to temporary workers' compensation at a rate
less than the daily disability benefit amount. Specific State rules and regulations governing disability are available from Human
Resources.
JURY DUTY LEAVE OF ABSENCE
Full-time employees who are called for jury duty during their regularly scheduled work hours will be placed on leave without
pay (LWOP) status. Employees volunteering for jury duty will not be granted paid leave except where required by state law.
An employee called to serve the court must provide their supervisor with a copy of the court's notification at least one week
prior to the date he/she is to report to duty. Employees on leave for jury duty are expected to report for work whenever their
presence is not required by the court during their scheduled work hours. Employees must also submit court-issued attendance
records to their supervisor at the conclusion of the term of duty. Employees should consult with Human Resources for eligibility
requirements by State for Jury Duty Leave.
WITNESS DUTY LEAVE OF ABSENCE
Five Guys is aware that employees may be subpoenaed to appear as witnesses in trials before the court. An employee called
to serve the court must provide their supervisor with a copy of the court's notification at least one (1) week prior to the date
he/she is to report to duty. If an employee is subpoenaed to testify as a consequence of his/her employment with Five Guys,
the employee will be fully compensated.
LEAVE FOR MILITARY AND RESERVE DUTY
JOB RIGHTS FOR VETERANS AND RESERVE COMPONENT MEMBERS
The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA 38 U.S.C. 4301-4335)
The Department of Labor, through the Veterans' Employment and Training Service (VETS), provides assistance to all persons
having claims under USERRA.
The Uniformed Services Employment and Reemployment Rights Act (USERRA) clarifies and strengthens the Veterans'
Reemployment Rights (VRR) Statute.
USERRA protects civilian job rights and benefits for veterans and members of Reserve components. USERRA also makes major
improvements in protecting service member rights and benefits by clarifying the law, improving enforcement mechanisms,
and adding Federal Government employees to those employees already eligible to receive Department of Labor assistance in
processing claims.
USERRA establishes the cumulative length of time that an individual may be absent from work for military duty and retain
reemployment rights to five years (the previous law provided four years of active duty, plus an additional year if it was for the
convenience of the Government). There are important exceptions to the five-year limit, including initial enlistments lasting
more than five years, periodic National Guard and Reserve training duty, and involuntary active duty extensions and recalls,
especially during a time of national emergency. USERRA clearly establishes that reemployment protection does not depend
on the timing, frequency, duration, or nature of an individual's service as long as the basic eligibility criteria are met.
USERRA provides protection for disabled veterans, requiring employers to make reasonable efforts to accommodate the
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disability. Service members convalescing from injuries received during service or training may have up to two years from the
date of completion of service to return to their jobs or apply for reemployment.
USERRA provides that returning service-members are reemployed in the job that they would have attained had they not been
absent for military service (the long-standing "escalator" principle), with the same seniority, status and pay, as well as other
rights and benefits determined by seniority. USERRA also requires that reasonable efforts (such as training or retraining) be
made to enable returning service members to refresh or upgrade their skills to help them qualify for reemployment. The law
clearly provides for alternative reemployment positions if the service member cannot qualify for the "escalator" position.
USERRA also provides that while an individual is performing military service, he or she is deemed to be on a furlough or leave
of absence and is entitled to the non-seniority rights accorded other individuals on non-military leaves of absence.
Health and pension plan coverage for service members is provided for by USERRA. Individuals performing military duty of
more than 30 days may elect to continue employer sponsored health care for up to 24 months; however, they may be required
to pay up to 102 percent of the full premium. For military service of less than 31 days, health care coverage is provided as if
the service member had remained employed. USERRA clarifies pension plan coverage by making explicit that all pension plans
are protected.
The period an individual has to make application for reemployment or report back to work after military service is based on
time spent on military duty. For service of less than 31 days, the service member must return at the beginning of the next
regularly scheduled work period on the first full day after release from service, taking into account safe travel home plus an
eight-hour rest period. For service of more than 30 days but less than 181 days, the service member must apply for
reemployment within 14 days of release from service. For service of more than 180 days, an application for reemployment
must be submitted within 90 days of release from service.
USERRA also requires that service members provide advance written or verbal notice to their employers for all military duty
unless giving notice is impossible, unreasonable, or precluded by military necessity. An employee should provide notice as far
in advance as is reasonable under the circumstances. Additionally, service members are able (but are not required) to use
accrued vacation or annual leave while performing military duty.
The Department of Labor, through the Veterans' Employment and Training Service (VETS) provides assistance to all persons
having claims under USERRA, including Federal and Postal Service employees.
If resolution is unsuccessful following an investigation, the service member may have his or her claim referred to the
Department of Justice for consideration of representation in the appropriate District Court, at no cost to the claimant. Federal
and Postal Service employees may have their claims referred to the Office of Special Counsel for consideration of
representation before the Merit Systems Protection Board (MSPB). If violations under USERRA are shown to be willful, the
court may award liquidated damages. Individuals who pursue their own claims in court or before the MSPB may be awarded
reasonable attorney and expert witness fees if they prevail.
Service member employees of intelligence agencies are provided similar assistance through the agency’s Inspector General.
RELIGIOUS ACCOMMODATION
Five Guys recognizes and respects each employee's religious pursuits. To that end, Five Guys will do everything reasonable to
accommodate an employee’s needs, unless doing so would cause an undue hardship or safety concern. This may require
occasional adjustment of an employee's work schedule or granting the necessary hours/days off from work to observe/attend
religious services or activities at his/her local place of worship. These accommodations may include the wearing of certain
items of clothing, or providing prayer space and time. All such requests should be made in advance, in writing, to the
employee’s supervisor or to the Human Resources Department.
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VOTING LEAVE
Five Guys encourages you to participate in the election of government leaders. Most voting centers allow for adequate time
prior to the beginning or after the end of the workday to exercise this right on Election Day. If your schedule does not allow
you to vote before or after your scheduled work shift, employees should coordinate in advance with their supervisor to arrange
for unpaid time off to vote.
WEATHER-RELATED ABSENCES / EMERGENCY CLOSINGS
At times, unexpected emergencies do occur. Such challenges as severe weather storms, fires, power failures, earthquakes or
other unexpected emergencies, disrupt personal and company operations.
All employees should assume that Five Guys is officially open unless they are informed otherwise. Any time away from work
due to unexpected emergencies is unpaid. Employees in essential operations may be asked to work on a day when operations
are officially closed. In these circumstances, employees who work will receive regular pay unless otherwise required by state
law.
Should the worksite be open and operating, all employees are asked to make their best effort, using safe precaution and sound
judgment, in an attempt to report to work as scheduled without endangering their lives. All employees not reporting to work
when the office or store is open and operating must inform their supervisors by phone or voice mail as soon as possible.
QUICK CONTACTS
Employees should understand that most questions or concerns regarding the contents of the Employee Handbook or any
aspect of your employment experience with Five Guys should FIRST be directed to your Manager or Supervisor. If you are not
able to obtain answers in a reasonable period of time, you may then direct questions through your chain of command (Your
Supervisor’s Manager) or to Human Resources for important / confidential matters. We have provided some Key Contacts for
important issues should you need answers for important situations that require other members of authority for your
assistance.
HUMAN RESOURCES
Human Resources provide expert guidance of policy interpretation and employment compliance requirements, including
approval for involuntary discharge. Human Resources works with senior management and legal for assistance for very
important matters concerning employees.
1.
2.
3.
Every store location has an HR Generalist assigned to assist employees with HR related matters. Employees should
consult with their District Manager to obtain the phone number and email for their assigned HR Generalist.
You may also call the HR Help Line at 1-888-532-3041. There will be a series of prompts which will connect you with
the appropriate HR professional in order to best serve your needs.
Benefits related questions may be directed to the Benefits Hot Line at 1-888-443-7171
PAYROLL
Payroll provides expert processing and guidance for all issues concerning the administration of your earned wages, including
the correction of paycheck errors. Managers and employees may communicate with Payroll by email.
Payroll General Email: Payroll@fiveguys.com
Payroll W2 Email: PayrollW2@fiveguys.com
WORKERS COMPENSATION
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Workers Compensation provides expert guidance for all work-related injuries.
Any WORK-RELATED injury must be reported immediately to:
Lakeisha Abrams, Claims Intake Administrator
Direct line: (571) 642-3794
Email: LAbrams@fiveguys.com
SAFETY/RISK
The Director, Risk Management is the expert for all areas regarding employee safety programs and compliance.
Karen Agostinho, Director Risk Management
Direct line: 703-436-1959
Email: KAgostinho@fiveguys.com
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STATE SPECIFIC SUPPLEMENTAL AND ADDENDUMS
The following Supplemental and Addendum pages represent exceptions to the main body of the Employee Handbook, which
represents Company and Federal legal requirements. As Employees review policies and have questions, it is essential that you
check the Supplemental and Addendum pages to be sure that State laws are included in your policy interpretation.
FGO Managers and Employees should follow the more strict policies if such State laws are more strict than the policies in the
main body of the Employee Handbook. In other words, the most “strict” interpretation of a given policy will generally take
precedent. Managers should coordinate with Human Resources with questions.
Five Guys reserves the right to change, modify, or eliminate any policy, benefit, or procedure in this Handbook at any time with
or without prior notice, other than the at-will policy.
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ALABAMA STATE SUPPLEMENT TO EMPLOYEE HANDBOOK
This Handbook Supplement, along with the policies contained in the Company’s Main Employee Handbook, apply to
employees who work in the State of Alabama. Neither the Main Handbook nor the Alabama Supplement is intended to create
a contract of continued employment or alter the at-will employment relationship. If you have any questions about these
policies, please contact your supervisor or the Human Resources Department.
STATE MILITARY LEAVE
Employees who are active members of the Alabama National Guard, Alabama Naval Militia, the Alabama State Guard, the
National Disaster Medical System, the Civil Air Patrol or any other reserve component of the United States Armed Forces are
entitled to a military leave on all days that they are engaged in:
•
•
•
field or coast defense;
training; or
other services ordered under federal law.
Moreover, employees who are active members of the Alabama National Guard, the National Disaster Medical System and the
Civil Air Patrol enjoy the rights, privileges and responsibilities set forth in the federal Soldiers and Sailors Relief Act and the
Uniformed Services Employment and Reemployment Rights Act (USERRA), whenever they are called to state active duty or for
federally funded duty other than for training, in a time of war, armed conflict or emergency proclaimed by the Governor or
the President of the United States. [See Main Employee Handbook for leaves under the federal military leave statute USERRA].
For purposes of this policy, “state active duty” means any state funded duty performed for 30 consecutive days or more by an
active member of the Alabama National Guard. “Federally funded duty other than training” means any duty performed in an
operational role for homeland security.
TIME OFF TO VOTE
We encourage all employees to fulfill their civic responsibilities and to vote in all public elections. Most employees’ schedules
provide sufficient time to vote either before or after working hours. If your shift starts less than two (2) hours after the polls
open or ends less than one (1) hour before the polls close, you may take up to one (1) hour off work to vote. Time off will be
without pay.
Employees must give reasonable notice to their supervisor of the need to take time off so that the necessary time off can be
scheduled to avoid disruption to normal work schedules.
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JURY DUTY LEAVE
Full-time employees will receive their regular compensation serving as a juror while serving on a jury. Jury duty fee is
considered “an expense”, and will not be deducted from the juror’s usual compensation. The day after receiving a jury duty
summons, the employee must present the summons to his or her immediate supervisor.
The Company will not retaliate, or tolerate retaliation, against any employee who takes leave under this policy. The employee
must, however, report to work on his or her next regularly scheduled hour after being dismissed from the jury.
LEAVE FOR VICTIMS OF CRIME
Eligible employees may take time off from work to testify in a criminal proceeding pursuant to a subpoena or to participate in
the reasonable preparation of a criminal proceeding. An employee is eligible for leave under this policy if he or she: 1) is a
victim of the crime at issue in the proceedings, or 2) is the spouse, parent, child, sibling, or guardian of a victim that was killed
or incapacitated. An employee who is accused of the crime or is in custody for the offense is not eligible for time off.
Before an employee may take time off under this policy, the employee must provide his or her supervisor with a copy of the
notice scheduling the proceeding. If advance notice is not feasible, the employee must provide appropriate documentation
within a reasonable time after the absence. Confidentiality of the situation, including the employee’s request for the time off
under the policy, will be maintained to the greatest extent possible.
Provided the above requirements are met, an employee may take time off under this policy without fear of loss of employment
for doing so.
LEAVE FOR VOLUNTEER EMERGENCY WORKERS
Any employee who serves as a volunteer emergency worker may take time off, without pay, to respond to an emergency that
occurred prior to the time the employee is scheduled to report to work. The employee must make a reasonable effort to notify
the Company that he or she will be absent or late to work.
For purposes of this policy, “volunteer emergency worker” means an individual who is not paid for his or her service as a
volunteer firefighter, emergency medical technician, rescue squad member, volunteer deputy, or a ham radio operator
conducting storm spotter operations for an emergency management association.
The employee must provide the Company with a written statement from the supervisor or acting supervisor of the fire
department or emergency medical services stating that the employee responded to an emergency and listing the time and
date of the emergency.
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FIREARMS IN MOTOR VEHICLES AT WORK
Weapons of any kind are prohibited on Company property except as follows. In Alabama, Company employees may transport
or store lawfully possessed firearms or ammunition in their private motor vehicles that are parked or operated in public or
private parking areas if all the following requirements are met:
•
The employee either:
o
Has a valid concealed weapon permit; or
o
If the weapon is a legal firearm, other than a pistol, used for hunting in the state:
•
The employee has a valid state hunting license;
•
The weapon is unloaded at all times on the property;
•
It is during a legally-permitted state hunting season;
•
The employee had not been convicted of certain prohibited crimes and/or is not subject to a Domestic
Violence Order;
•
The employee is not required to obtain a permit to carry a pistol in a vehicle or a concealed pistol.
(revised Alabama Code section 13A-11-75); and
•
The employee has no documented prior workplace incidents involving threats of or actual physical
injury.
•
The vehicle is operated or parked in a location where it is permitted to be; and
•
The firearm is either:
o
In a motor vehicle attended by the employees, kept from ordinary observations within the
vehicle;
o
In an unattended motor vehicle, kept from ordinary observation and locked within a
compartment, container, or in the interior of the vehicle, or in a compartment or container
securely affixed to the vehicle.
However, if the Company believes an employee presents a risk of harm to the employee or others, it can ask whether the
employee has a firearm in his or her vehicle. If the employee does have a firearm, the employer can make any necessary
inquiries to establish that the employee satisfies the above requirements.
TEXT-BASED WIRELESS COMMUNICATIONS WHILE DRIVING
Employees may not operate a private motor vehicle (on Company business) or a Company motor vehicle (at any time) while
manually communicating via a wireless telecommunication device with any person using text- based communication to write,
send, or read a text-based communication. Text-based communications include, but are not limited to: text messages, instant
messages, and emails. This prohibition does not apply to voice operated wireless telecommunication devices if the device can
be operated without the use of either hand except to activate or deactivate a feature or function. Additionally, this policy does
not prohibit the use of a wireless telecommunication device as a global positioning or navigation system to receive driving
direction as long as the wireless communication devices has been pre-programmed (i.e., prior to operating the motor vehicle)
with the desired coordinates.
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CALIFORNIA STATE SUPPLEMENT TO EMPLOYEE HANDBOOK
FAMILY AND MEDICAL LEAVE
For California employees, the Company abides by and provides Family Medical Leave (FML), which provides employees with
unpaid leave time for up to twelve (12) weeks to care for self or eligible family members. The FML incorporates both the
Federal Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA) Leave entitlements and run concurrently.
The FML 12-week entitlement is calculated on a forward rolling basis within a 12-month period, from the first date the
employee's first FML begins, and only the amount of actual leave taken is counted against the maximum entitlement. Company
FML tracks concurrently except for the California Pregnancy Disability Leave.
Company FML is extended to employees who either become seriously ill, or need to care for a newborn or a child placed in
the home through adoption or foster care, or need to be away from work to care for an ill family member. Eligible family
members under Company FML include a child, parent, spouse, a registered domestic partner or a seriously ill grandparent,
grandchild, sibling or parent-in- law.
Eligible family members are defined as:
•
•
•
•
Parent = biological parent or in loco parentis (in position of – e.g. legal guardian) and parent-in-law by marriage or
registered domestic partner
Child = biological, adopted, foster, step, legal ward, and in loco parentis
Grandparent =biological grandparent
Grandchild = biological grandchild
Benefits also are extended to grant an unpaid leave of absence of up to ten (10) days to an employee who works an average
of twenty (20) hours per week and also is the spouse or registered domestic partner of a qualified member of the military on
leave from deployment. Employees may take up to 26 weeks of leave to care for spouses, children, parents or next of kin who
are service members with serious illnesses or injuries that were incurred during active duty in the Armed Forces. During periods
of unpaid Company FML, only company portion of health, dental and vision premiums will continue to be paid by the Company.
Leaves for a serious health condition may be permitted on either an intermittent or reduced work schedule when medically
necessary.
Written notification with medical certification shall be provided to Human Resources as soon as the event necessitating the
leave becomes known to the employee.
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SICK LEAVE BENEFITS
Five Guys provides paid Sick Leave benefits to all eligible employees for periods of temporary absence due to illness or
injuries. This benefit applies ONLY to all California employees that are not covered by existing PTO policies.
1.
All employees are eligible for paid Sick Leave after 30 days of employment. Hourly employees accrue paid Sick
Leave based on hours worked and salaried employees accrue paid Sick Leave based on their normal work week
hours.
2.
Employees accrue Sick Leave pay hours at the rate of 1 hour for every 30 hours worked from the start of employment
(but must complete 30 days of employment to be eligible to take any paid Sick Leave.)
3.
Employees may use Sick Leave benefits for an absence due to their own illness or injury, or to care for a family
member. Employees may take available Sick Leave in increments of 2 hours or more.
4.
Employees may use up to 48 hours paid Sick Leave within a twelve-month period, if they have accrued sufficient
time.
5.
Employees may accrue up to a maximum of 72 hours before reaching the maximum accrual of paid Sick Leave. For
employees of restaurants within the City of San Diego, there is no cap on the accrual of Sick Leave hours, but the
limitation in use of those hours, set forth in paragraph 4 above, still applies. Once an employee has reached the
maximum accrual of 48 hours, the employee must use paid Sick Leave before resuming accrual of Sick Leave at the
rate of 1 hour for every 30 hours of employment. Any accrued time does carry over until used or the maximum
accrual is reached.
6.
Employees who require Sick Leave should notify their manager before the scheduled start of their workday if
possible. The manager must also be contacted on each additional day of absence.
7.
If an employee is absent for three or more consecutive days due to illness or injury, a physician’s statement may be
required verifying the disability and its beginning and expected ending dates. Such verification may be requested
for other Sick Leave absences as well and may be required as a condition to receiving Sick Leave benefits.
8.
Before returning to work from a Sick Leave absence of three (3) calendar days or more, an employee may be
required to provide a physician’s verification that he or she may safely return to work.
9.
Sick Leave benefits will be calculated and paid based on the employee’s base pay rate of pay at the time of absence
and will not include any special forms of compensation, such as incentives, commissions, bonuses, or shift
differentials.
10. As an additional condition of eligibility for Sick Leave benefits, an employee on an extended absence must apply for
any other available compensation benefits, such as Workers’ Compensation in the case of a workplace injury. Sick
Leave benefits will be used to supplement any payments that an employee is eligible to receive from state Disability
Insurance or Workers’ Compensation. The combination of any such disability payments and sick leave cannot exceed
the employee’s normal weekly earnings.
11. Sick Leave benefits are intended solely to provide income protection in the event of illness or injury and may not be
used for any other absence. Unused Sick Leave benefits will not be paid to employees while they are employed or
upon termination of employment.
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RESERVE PEACE OFFICERS/EMERGENCY RESCUE PERSONNEL LEAVE
Any employee who is a volunteer firefighter may take temporary unpaid leaves of absence for the purpose of engaging in fire
or law enforcement training. Additionally, employees who perform emergency duty as a volunteer firefighter, reserve peace
officer, or as emergency rescue personnel, may take unpaid leave of absence for the purpose of engaging in fire, law
enforcement, or emergency rescue training. Leaves under this policy will not to exceed an aggregate of 14 days per calendar
year and eligible employees must follow notification procedures as with all requested time off.
COURT APPEARANCE TIME OFF
California Employees may take unpaid time off to serve on a jury; an employee who is a victim of a crime for taking time off to
appear in court as a witness in any judicial proceeding; or an employee who is a victim of domestic violence or a victim of
sexual assault. Eligible employees may take unpaid time off from work to obtain or attempt to obtain prescribed relief. Eligible
employees must follow notification procedures as with all requested time off. The amount of time will be determined by
Management based on the needs of the business.
SCHOOL AND CHILD CARE ACTIVITY LEAVE
Employees in California may take unpaid time off, up to 8 hours a month, to handle child care issues or participate in their
children’s school activities, if they provide reasonable notification.
TIME OFF FOR DOMESTIC VIOLENCE, SEXUAL ASSAULT AND STALKING
California employees may request unpaid leave of absence, time off should she/he find themselves as victims of domestic
violence, sexual assault, and/or stalking. Employees are eligible to take the following steps:
1.
Notify your General Manager with as soon as possible to request time off
2.
May seek medical attention for injuries caused by domestic violence, sexual assault or stalking
3.
May obtain psychological counseling related to an experience of domestic violence, sexual assault or stalking
4.
May participate in safety planning and take other actions to increase safety from future domestic violence, sexual
assault, or stalking, including temporary or permanent relocation
TIME OFF FOR VOTING
California employees may take up to two hours without loss of pay to vote if they do not have sufficient time outside of working
hours. The time must be requested and approved and take place at the beginning or end of a work shift.
EQUAL RESTROOM ACCESS
Per California law, all “single-user” toilet facilities in any business establishment will establish proper signage and access for
gender-neutral access.
ARRESTS AND CONVICTIONS
California law protects employees and applicants from the need to disclose information about arrests that did not result in
conviction or information concerning a referral to and participation in a pre-trial or post-trial diversion program. Employees
are protected from disclosure of marijuana-related offenses if the convictions are more than two years old or judicially
dismissed or sealed.
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DRIVING WITH SMART PHONES
Aligned with California law, Five Guys prohibits employees from driving a motor vehicle for any work purposes while using a
wireless telephone unless that phone is specifically designed and configured to allow hands-free listening and talking while
driving.
INSPECTION OF PERSONNEL RECORDS
California law allows current and former employees the right to inspect his/her personnel records at reasonable times and
intervals. Reasonable time does not exceed 30 calendar days from the “written” request. Within these same timeframes,
current or former employees may request in writing a copy of the personnel file, while only be charged the “actual cost” of
copying the file and postage cost if applicable to mail such copies.
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District of Columbia - NOTICE
PROTECTING PREGNANT WORKERS FAIRNESS ACT
Under the Protecting Pregnant Workers Fairness Act of 2014 (the “Act”), employers in Washington, D.C. are required to
provide reasonable workplace accommodations for employees whose ability to perform the functions of their positions are
limited by pregnancy, childbirth, a related medical condition, or breastfeeding.
Reasonable accommodations may include:
• More frequent or longer breaks
•
Time off to recover from childbirth
•
The acquisition or modification of equipment or seating
•
The temporary transfer to a less strenuous or hazardous position
•
Other job restructuring such as providing light duty or a modified work schedule
•
Not being required to do heavy lifting
•
Relocation of the employee's work area
•
Private non-bathroom space for expressing breast milk
Employers may require employees to provide a certification from their health care provider regarding the medical advisability
of a particular reasonable accommodation, to the same extent such a certification is required for other temporary disabilities.
Employers are prohibited from taking an adverse action against employees who request or use a reasonable accommodation,
from denying employment opportunities to employees or job applicants based upon their expressed need for a reasonable
accommodation, from requiring employees to accept accommodations, and from requiring employees take leave if a
reasonable accommodation can be provided.
The District of Columbia Department of Employment Services is responsible for the administration of the Act and can be
contacted at (202) 724-7000 or online at http://does.dc.gov/.
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AVISO
LEY DE EQUIDAD PARA PROTECCIÓN DE
TRABAJADORAS EMBARAZADAS
Según la Ley de Equidad Para Protección de Trabajadoras Embarazadas del 2014 (la "Ley"), los empleadores en
Washington, D.C., deben proporcionar acomodos razonables para las empleadas cuya capacidad para realizar las
funciones de su trabajo están limitadas por el embarazo, el parto, una condición médica relacionada al embarazo o
lactancia.
Los acomodos razonables pueden incluir:
•
•
•
•
•
•
•
•
Periodos de descanso más frecuentes o más largos
Días libres para recuperarse del parto
La adquisición o modificación de equipos o asientos
El traslado temporal a una posición menos exigente o peligrosa
Otro tipo de reestructuración del puesto como trabajo liviano o un horario de trabajo modificado
No cargar cosas pesadas
Reubicación del área de trabajo de la empleada
Espacio privado que no sea baño para la extracción de leche materna
Los empleadores pueden exigir que las empleadas proporcionen una certificación medica de la que sustente la solicitud de
acomodo razonable, en la misma medida se requiere una certificación para otras incapacidades temporales.
Los empleadores tienen prohibido tomar acciones adversas contra las empleadas que soliciten o utilicen un acomodo
razonable, negar oportunidades de empleo a empleadas o solicitantes en base a su necesidad de un acomodo razonable,
exigir que las empleadas acepten un acomodo, y exigir que una empleada tome una licencia (ausencia) si un acomodo
razonable no puede ser proporcionado.
La oficina de Servicios de Empleo del Distrito de Columbia administra la Ley y puede ser contactada al (202) 724-7000 o en
línea en http://does.dc.gov/.
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MISSOURI SUPPLEMENTAL POLICIES
This Handbook Supplement, along with the policies contained in the Company’s Main Employee Handbook, apply to
employees who work in the State of Missouri. Neither the Main Handbook nor the Missouri Supplement is intended to create
a contract of continued employment or alter the at-will employment relationship. If you have any questions about these
policies, please contact your supervisor or the Human Resources Department.
EQUAL EMPLOYMENT OPPORTUNITY (Harassment and Discrimination)
As set forth in the main Handbook, the Company is committed to equal employment opportunity. The Company prohibits
discrimination and harassment against any employee or applicant for employment based on race, color, religion, national
origin, sex, disability, or age (over 40).
Missouri law also prohibits discrimination against employees and applicants based on ancestry, age (40 to 69), HIV or AIDS
status, and genetic information. We will not tolerate discrimination or harassment based upon these characteristics or any
other characteristic protected by applicable federal, state or local law.
RELIGIOUS ACCOMMODATION
The Company will attempt to make reasonable accommodations for employee observance of religious holidays and sincerely
held religious beliefs unless doing so would cause an undue hardship on Company operations. If you desire a religious
accommodation, you are required to make the request in writing to your supervisor or a Human Resources representative as
far in advance as possible.
PREGNANCY DISABILITY LEAVE
The Company will provide leave for disabilities caused or contributed to by pregnancy and/or childbirth under the same terms
as leave is provided for other temporary disabilities.
MILITARY LEAVE
Members of the state military forces who are ordered to active duty by the governor are entitled to the same reemployment
rights as those provided under the federal Uniformed Services Employment and Reemployment Rights Act. Please see the
Company’s main Handbook for more information.
TIME OFF TO VOTE
The Company encourages employees to fulfill their civic responsibilities and to vote in all public elections. Most employees’
schedules provide sufficient time to vote either before or after working hours.
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Any employee who has less than 3 consecutive hours outside of working hours to vote while the polls are open may be absent
from work for up to 3 hours to vote. Any additional time off will also be without pay.
Employees must request time off to vote from their supervisor at least one day in advance so that the time off can be scheduled
to minimize disruption to normal work schedules.
LEAVE FOR VICTIMS AND WITNESSES OF CRIME
An eligible employee may take time off from work to honor a subpoena to testify in a criminal proceeding, attend a criminal
proceeding, or participate in the preparation of a criminal proceeding. An employee is eligible for time off under this policy if
the employee is:
•
•
•
The victim of the crime at issue in the proceedings,
The victim’s spouse, child, sibling, parent, grandparent or legal guardian, or
A witness who has been, or is expected to be, summoned to testify for the prosecution.
Time off under this policy will be without pay. An employee will be permitted (but will not be required) to use accrued vacation
or personal time during the leave.
DISASTER AND EMERGENCY SERVICES LEAVE
Any employee who serves with any fire department or fire protection district, including any municipal, volunteer, rural, or
subscription fire department or organization, or any volunteer fire protection association, as a volunteer firefighter, or the
Missouri-1 Disaster Medical Assistance Team, Missouri Task Force One, or Urban Search and Rescue Team, or is activated to a
National Disaster Response by the Federal Emergency Management Agency (FEMA), may take time off, without pay, to
respond to an emergency. An employee’s regular pay may be reduced by any time lost from employment because of the
employee's response to an emergency in the course of performing his or her duties as an approved emergency services
volunteer. The employee must make a reasonable effort to notify the Company that he or she will be absent or late to work.
In addition, the employee must provide the Company with a written statement from the supervisor or acting supervisor of the
volunteer fire department or the commander of Missouri-1 Disaster Medical Assistance Team, or the FEMA supervisor, stating
that the employee responded to an emergency and stating the time and date of the emergency.
Any employee who has qualified for a civil air patrol emergency service specialty or who is certified to fly counter narcotics
missions shall be granted a leave of absence from employment for periods during which the employee is engaged in the
performance of civil air patrol emergency service duty or counter narcotics missions, not to exceed fifteen (15) working days
in any calendar year. Any such employee shall notify the Company as far in advance of the leave requested as possible. This
leave does not count as a loss of any regular leave or of any other rights and benefits the employee is entitled to, and is
separate and independent of time spent responding to a state or nationally declared emergency within the state of Missouri.
Any employee receiving leave to perform civil air patrol emergency service duty or fly counter narcotics missions will not
receive pay during this leave.
The Company does have the right to request that an employee qualified for civil air service be exempted from responding to
a specific mission and the Missouri wing commander shall honor such request.
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FIREARMS IN THE WORKPLACE
Employees are prohibited from carrying concealed weapons while they are performing their job duties or on the Company’s
premises. The Company also prohibits employees from keeping concealed weapons in a company vehicle. The Company will
not prohibit employees from keeping a firearm in their private vehicles when those vehicles are parked in Company parking
lots as long as the employee complies with applicable Company rules. Employees are prohibited from removing the firearm
from the vehicle while on Company premises or while engaging in Company business. The Company will post notices stating
that carrying concealed weapons in the Company’s buildings is prohibited.
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NEW YORK STATE SUPPLEMENTAL POLICIES
Equal Employment Opportunity
As set forth in the employee handbook, Five Guys is committed to equal employment opportunity and to compliance with
federal antidiscrimination laws. We also comply with New York law, which prohibits discrimination and harassment against any
employees, applicants for employment or interns, as well as contractors, subcontractors, vendors, consultants, other
individuals providing services in the workplace and their employees, based on race (including traits historically associated with
race, such as hair texture and protective hairstyles), color, creed, religion (including attire, clothing or facial hair worn in
accordance with religious requirements), sex (including pregnancy, childbirth or related medical conditions and transgender
status), gender identity or expression, familial status, national origin, physical or mental disability (including gender dysphoria
and being a certified medical marijuana patient), genetic information (including predisposing genetic characteristics), age (18
and over), veteran status, military status, sexual orientation, marital status, certain arrest or conviction records and domestic
violence victim status. The Company will not tolerate discrimination or harassment based upon an individual's membership in
one or more of these protected categories, known relationship or association with a member of one or more of these protected
categories, or any other characteristic protected by applicable federal, state or local law.
Paid Family Leave
Effective January 1, 2018, under New York State’s Paid Family Leave Benefits law, full time and part time employees employed
for at least six months may be eligible for up to eight weeks of compensation, benefits and job protected leave in a 52- week
period.
The leave may be taken for the following reasons:
• To care for a close relative (i.e., spouse, domestic partner, children, parents, parents-in-law, grandparents,
grandchildren) with a serious health condition;
•
To bond with the employee’s newborn, newly adopted or newly placed child within the first 12 months after
childbirth or placement of an adopted or foster child; or
•
When their spouse, child, domestic partner or parent is on active duty or has been notified of an impending call
or order to active duty.
An employee is not permitted to take Paid Family Leave for his or her own serious health condition as the intention of this new
law is to complement the state disability insurance program. In order to maintain the program, contributions will be deducted
from employee payroll.
Employees must coordinate with his/her General Manager and Human Resources for information and consideration for Paid
Family Leave.
Arrests and Convictions
Employees and Applicants are not required to disclose acts of arrests or criminal accusation records not pending, unless
specifically required by permitted statute.
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Meal and Break Periods
New York employees are permitted 30-minute noonday meal periods, which runs between 11am to 2pm for employees
working a shift of six hours that extends over the period. Any employee that works a shift starting before 11am and continues
after 7pm is entitled an additional meal period of at least 20 minutes between the period of 5pm and 7pm. Any employee that
works between 1pm and 6am is allowed 45 minutes meal midway between beginning and end of the work shift.
Driving with Smart Phones
Aligned with New York State law, Five Guys prohibits employees from driving a motor vehicle for any work purposes while using
a wireless telephone unless that phone is specifically designed and configured to allow hands-free listening and talking while
driving.
Jury Duty
New York employees may request time off for jury duty without fear of being discharged for jury service. Employees are
required to provide as much notice as possible. Employees serve jury duty without pay, except they will be paid the first $40
of daily wages during the first 3 days of jury service.
Military Leave
Employees may serve on military leave without fear of being discharged by Five Guys as long as the employee is classified as
“regular”, not temporary and received a certificate of completion of military service and the employee is still qualified to
perform the job. Employees must apply for reemployment within 90 days of the military service end.
Non-Discrimination and Anti-Harassment Policy– New York State Employers
Five Guys is an equal opportunity employer. In accordance with applicable law, we prohibit discrimination by or against any
individuals involved in our operations, including employees (regardless of their position), applicants, interns, vendors,
contractors, sub-contractors, consultants and any other third party involved in our operations based on any legally-recognized
basis, including, but not limited to: race, color, religion, creed, sex (including pregnancy, lactation, childbirth or related medical
conditions), sexual orientation, marital status, gender expression or identity, age (as defined under applicable law), national
origin or ancestry, citizenship, physical or mental disability, familial status, genetic information (including testing and
characteristics), veteran status, status as a victim of domestic violence, uniformed service member status, certain arrest or
conviction records or any other status protected by federal, state or local law.
Five Guys is also committed to providing a work environment that is free of unlawful discrimination and harassment, including
sexual harassment, and strictly prohibits discrimination and harassment by or against any individuals involved in our operations,
including employees regardless of their position, applicants, interns, vendors, contractors, sub-contractors, consultants and
any other third party involved in our operations.
If such discrimination or harassment is committed in the workplace by someone not employed by the Company, the reporting
and complaint procedure in this policy should still be followed. The workplace includes: actual worksites, any setting in which
work-related business is being conducted (whether during or after normal business hours), online and electronic interactions
with company employees and third parties involved in our operations, company-sponsored events, and company
owned/controlled property.
Sexual Harassment
Sexual harassment is unwelcome verbal or physical behavior based upon a person’s gender/sex and includes unwanted verbal
or physical sexual advances, requests for sexual favors or visual, verbal or physical conduct of a sexual nature when:
•
Submission to such conduct is made a term or condition of employment; or
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•
Submission to, or rejection of, such conduct is used as a basis for employment decisions affecting the individual; or
•
Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating
an intimidating, hostile or offensive working environment, even if the individual making the report is not the intended target
of such conduct.
The following is a non-exhaustive list of the types of conduct prohibited by this policy:
•
Unwanted sexual advances or propositions (including repeated and unwelcome requests for dates);
•
Offers of employment benefits in exchange for sexual favors;
•
Making or threatening reprisals after a negative response to sexual advances;
•
Visual conduct: leering, making sexual gestures, displaying of pornographic or sexually suggestive images, objects,
pictures, cartoons, graffiti, posters or websites on computers, emails, cell phones, bulletin boards, etc.;
•
Verbal conduct: making or using sexist remarks or derogatory comments based on gender, innuendos, epithets, slurs,
sexually explicit jokes, or lewd or sexual comments about an individual’s appearance, body or dress, whistling or making
suggestive or insulting sounds;
•
Verbal and/or written abuse of a sexual nature, graphic verbal and/or written sexually degrading commentary about
an individual's body or dress, sexually suggestive or obscene letters, notes, invitations, emails, text messages, tweets or other
social media postings;
•
Physical conduct: unwelcome or inappropriate touching of employees or customers, physical violence, intimidation,
assault or impeding or blocking normal movements;
•
Hostile actions taken against an individual because of that individual’s sex, sexual orientation, gender identity or the
status of being transgender, such as:
➢ Interfering with, destroying or damaging a person’s workstation, tools or equipment, or otherwise interfering with the
individual’s ability to perform the job;
➢ Sabotaging an individual’s work; and
➢ Bullying, yelling, name-calling.
•
Retaliation for making reports or threatening to report sexual harassment.
Sexual harassment can occur regardless of the gender of the person committing it or the person who is exposed to it.
Harassment on the basis of an individual’s sexual orientation, self-identified gender, perceived gender, or transgender status,
are all forms of prohibited sexual harassment.
Individuals who observe conduct that may violate this policy are encouraged, but not required, to communicate to the
offending person that the conduct is offensive and unwelcome. Individuals who observe any behavior directed at others that
may violate this policy are encouraged to take reasonable action to defuse such behavior if possible, such as intervening
directly, alerting a supervisor or Human Resources to assist, or making a report under this policy.
Other Types of Harassment
Harassment on the basis of any legally protected status is prohibited, including harassment based on race, color, religion, creed,
sex (including pregnancy, lactation, childbirth or related medical conditions), sexual orientation, marital status, gender
expression or identity, age (as defined under applicable law), national origin or ancestry, citizenship, physical or mental
disability, familial status, genetic information (including testing and characteristics), veteran status, status as a victim of
domestic violence, uniformed service member status, certain arrest or conviction records or any other status protected by
federal, state or local law. Prohibited harassment may include behavior similar to the illustrations above pertaining to sexual
harassment. It also includes, but is not limited to:
•
Verbal conduct including taunting, jokes, threats, epithets, derogatory comments or slurs based on an individual’s
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protected status;
•
Visual and/or written conduct including derogatory posters, photographs, calendars, cartoons, drawings, websites,
emails, text messages or gestures based on an individual’s protected status; and,
•
Physical conduct including assault, unwanted touching or blocking normal movement because of an individual’s
protected status.
Protection Against Retaliation
Retaliation is prohibited against any person covered by this policy who, in good faith: makes a complaint of discrimination,
harassment, including sexual harassment, and retaliation either internally or with a government agency, using the complaint
procedures described below; objects to, opposes or speaks out against discrimination, harassment, or retaliation; participates
in an investigation of discrimination, harassment or retaliation; encourages another person to report discrimination,
harassment or retaliation; or files, testifies, assists or participates in any manner in any investigation, proceeding or hearing
conducted by a governmental enforcement agency regarding discrimination, harassment or retaliation. Prohibited retaliation
includes, but is not limited to, termination, demotion, suspension, failure to hire or consider for hire, failure to give equal
consideration in making employment decisions, failure to make employment recommendations impartially, adversely affecting
working conditions or otherwise denying any employment benefit. Retaliation is unlawful and a form of misconduct that will
result in disciplinary action, up to and including termination of employment.
Individuals who believe that they or any other individual has been subjected to retaliation should report this concern using the
complaint procedure set forth below.
Complaint Procedure
Individuals who believe that they or any other individual has been subjected to discrimination, harassment, including sexual
harassment or retaliation should, as soon as possible, report it to their manager, equal employment opportunity officer, or
Anna Acevedo by email at AAcevedo@fiveguys.com or by calling (202) 641-5123, or any Human Resources Representative. You
may also call the HR Help Line at (888) 532-3041. Reports can be made verbally or in writing. To submit a complaint in writing,
individuals may use the sample complaint form attached to this policy, or located as a supplement to the employee handbook,
but are not required to do so. Employees are not required to raise a complaint with their immediate supervisor, manager or
person who has engaged in the complained of conduct.
After a report is received, or the Company otherwise becomes aware of a possible violation of this policy, a fair, timely,
thorough and objective investigation will be undertaken if needed and will reach reasonable conclusions based on the
information collected. The Company will maintain confidentiality surrounding the investigation to the extent possible,
consistent with a thorough and objective investigation, and to the extent permitted or required under applicable law. Both the
person(s) raising the complaint and the person(s) about whom the complaint was made will be permitted to provide
information that may be relevant to the investigation. The Company also will gather information and speak with witnesses, as
applicable. Once the investigation is completed and a determination is made, the complaining party will be advised that the
investigation has been completed and may be informed of the resolution. The individual about whom the complaint was made
will be informed of the outcome and if the Company determines that this policy has been violated, will be subject to disciplinary
action. The Company expects all employees to fully cooperate with any investigation conducted by the Company into a
complaint of discrimination, harassment or retaliation.
Supervisory Responsibilities
All supervisors or managers who receive a complaint or information about suspected discrimination, harassment or retaliation,
observe behavior that may violate this policy or for any other reason to suspect that discrimination, harassment or retaliation
is occurring, are required to report such suspected conduct to Anna Acevedo by email at AAcevedo@fiveguys.com or by calling
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(202) 641-5123. You may also call the HR Help Line at (888) 532-3041.
In addition to being subject to discipline for engaging in discrimination, harassment or retaliation themselves, supervisors and
managers will be subject to discipline (up to and including termination) for failing to report suspected discrimination,
harassment or retaliation or otherwise knowingly allowing such conduct to continue.
Discipline
If the Company determines that this policy has been violated, including in the event that a manager knowingly allows the policy
to be violated without reporting it, prompt remedial action will be taken, commensurate with the severity of the offense, up
to and including termination of employment. Appropriate action will also be taken to deter any such conduct in the future.
Good Faith Reporting
The initiation of a good faith complaint of discrimination, harassment or retaliation will not be grounds for disciplinary or other
retaliatory action, even if the allegations cannot be substantiated or the employee was mistaken about aspects of the
complaint. Any individual who makes a complaint that is demonstrated to be intentionally false may be subject to discipline,
up to and including termination.
Other Information
Discrimination, harassment, including sexual harassment, and retaliation are illegal under the New York State Human Rights
Law, Title VII of the federal Civil Rights Act of 1964 and some municipal laws. Employees may file a complaint with the federal
Equal Employment Opportunity Commission, the New York State Division of Human Rights or another enforcement agency, if
applicable, or in a court of law. Agencies accept and investigate charges of sexual harassment. The Equal Employment
Opportunity Commission has district, area and regional offices and may be contacted by visiting www.eeoc.gov, emailing
info@eeoc.gov or by telephone at 1-800-669-4000 (TTY 1-800-669-6820). The New York State Division of Human Rights may
be contacted by visiting www.dhr.ny.gov, by telephone at 718-741-8400, or by mail to One Fordham Plaza, Fourth Floor, Bronx,
New York 10458. Information regarding federal, state and city courts is also available online. Employees subjected to unlawful
discrimination, harassment or retaliation may be entitled to certain remedies, including monetary damages, civil penalties, and
injunctive relief (such as an order that certain action be taken or that certain behavior stop).
COMPLAINT FORM FOLLOWS ON THE NEXT TWO PAGES (75 & 76)
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TENNESSEE STATE SUPPLEMENTAL POLICIES
This Handbook Supplement, along with the policies contained in the Company’s Main Employee Handbook, apply to
employees who work in the State of Tennessee. Neither the Main Handbook nor the Tennessee Supplement is intended to
create a contract of continued employment or alter the at-will employment relationship. If you have any questions about
these policies, please contact your supervisor or the Human Resources Department.
EQUAL EMPLOYMENT OPPORTUNITY (Harassment and Discrimination)
As set forth in the main Handbook, the Company is committed to equal employment opportunity. The Company prohibits
discrimination and harassment against any employee or applicant for employment based on race, color, religion, national
origin, sex, disability, or age (over 40).
Tennessee law also prohibits discrimination against employees and applicants based on creed and the national origin of an
employee’s or applicant’s ancestors. We will not tolerate discrimination or harassment based upon these characteristics or
any other characteristic protected by applicable federal, state or local law.
IMMIGRATION LAW COMPLIANCE
The Tennessee Lawful Employment Act requires all employers in Tennessee to demonstrate that they are hiring and
maintaining a legal workforce either by:
1) Enrolling and verifying the employment eligibility of all newly hired employees through the E-Verify
program; or
2) Requesting all newly hired employees to provide one of the following identity and employment authorization
documents:
• A valid Tennessee driver's license or photo identification
• A valid driver's license or photo identification from another state where the license requirements are at least as
strict as those in Tennessee
• A birth certificate issued by a U.S. state, jurisdiction or territory
• A U.S. government issued certified birth certificate
• A valid, unexpired U.S. passport
• A U.S. certificate of birth abroad
• A certificate of citizenship
• A certificate of naturalization
• A U.S. citizen identification card
• A lawful permanent resident card
• Other proof of employee’s immigration status and authorization to work in the United States
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TIME OFF TO VOTE
When necessary, eligible employees may take up to three (3) hours of work to vote in an election in Tennessee. The
Company may specify the hours during which the employee may be absent.
All employees are eligible for leave under this policy, except those whose work hours begin three (3) hours or more after the
polls in the county where the employee reside open, or whose work hours end three (3) hours or more before the polls close.
In addition, to be eligible for time off under this policy, the employee must apply for the absence before twelve o’clock (12:00)
noon on the day preceding the election. Leave taken to vote is paid leave.
Employees who choose to take time off from work to vote in compliance with the terms of this policy will not be subjected
to any penalty or reduction in pay for such absence.
JURY AND WITNESS DUTY
An employee who receives a jury duty summons must present the summons to his or her immediate supervisor on the
employee’s next scheduled day of work. The employee will be excused from work on any day that jury service exceeds three
(3) hours. On days where jury service lasts three (3) hours or less, the employee will be required to report to work for the
remainder of his or her work shift.
An employee who works the night shift or hours preceding those in which court is normally held will be excused from work
for the shift immediately preceding the employee’s first day of required jury service. Thereafter, the employee will be excused
from the next scheduled shift that occurs within a 24-hour period of jury service exceeding three (3) hours.
The Company will pay the employee’s usual compensation while he or she serves on and travels to jury duty, less the amount
of compensation received for serving as a juror. Verification from the court of having served may be required. Employees
who have been employed by the Company on a temporary basis for fewer than six (6) months are ineligible for paid time off,
but will be permitted to take unpaid time off.
The Company will not retaliate, or tolerate retaliation, against any employee who takes time off from work under this policy.
TIME OFF FOR VOLUNTEER FIREFIGHTERS AND VOLUNTEER RESCUE SQUAD WORKERS
Any employee who serves as a volunteer firefighter or a volunteer rescue squad worker may take time off, without pay, to
respond to an emergency that occurred prior to the time the employee was scheduled to report to work. The employee must
make a reasonable effort to notify the Company that he or she will be absent or late to work.
Active volunteer firefighters may be permitted to leave work in order to respond to fire calls during the employee’s regular
hours of employment without loss of pay, vacation time, sick leave or earned overtime accumulation. The employee may be
permitted to take off the next scheduled work period within 12 hours following such response as a vacation day or sick leave
day without loss of pay if the employee assisted in fighting the fire for more than four hours. If the employee is not entitled
to a vacation day or sick leave, then the employee may take the time off without pay.
Any employee who is an active volunteer firefighter and who worked for more than four hours the prior day or night as a
volunteer firefighter in an emergency may be permitted to take off the next scheduled work period within 12 hours following
such emergency as a vacation day or sick leave day without the loss of pay. If the employee is not entitled to a vacation day
or sick leave, then the employee may take the time off without pay.
In addition, the employee must provide the Company with a written statement from the supervisor or acting supervisor of
the volunteer fire department stating that the employee responded to an emergency and listing the time and date of the
emergency.
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HUMAN RESOURCES SUPPLEMENT
ADDENDUMS BY STATE / DISCIPLINE GUIDELINES
The general content of the Employee Handbook is written to provide company related policies and information, along with
legal compliance on a federal level. Those policies requiring State specific exceptions are noted to contact Human Resources
for details and compliance requirements.
The following pages provide simple matrix addendums with an overview of state specifics of policies when exceptions apply
by law. Federal requirements per the Employee Handbook General policies should be followed for those State requirements
less strict than federal requirements.
For additional details and questions regarding all items in the HR supplement may be directed to Sara Thompson, Vice
President - Human Resources; Keri Nelson, Compliance Manager; or Five Guys legal counsel.
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ADDENDUM A - Legally Protected Characteristics by State
The following section describes protected characteristics by state.
State
Protected Classes
AL
Age (over 40), sex, race, religion, national origin, color or disability of the individual
AZ
Age (over 40), national origin, physical disability, sexual orientation, gender, race, religion or genetics
AR
National origin, mental or physical disability, gender, pregnancy, race, religion, genetics
Age (over 40), national origin, mental or physical disability, gender identity, medical condition, marital status,
pregnancy, race, religion, sexual orientation, genetics, sex,
Language and military or veteran status.
Age (40 to 70), national origin, physical, mental or learning disability, gender, pregnancy, race, religion,
or mental illness
CA
CO
CT
Age (40 to 70), national origin, race, criminal record (in state employment & licensing only), genetic information,
learning disability, marital status, mental disorder, mental retardation, physical disability, religious, sex,
including pregnancy and sexual harassment, sexual orientation
DE
Age (40 to 70), national origin, physical, mental or learning disability, gender, marital status, pregnancy and
other related medical conditions, race, religion, sexual orientation.
DC
Age (over 18), gender, color, race, creed, national origin, religious persuasion, marital status, political belief,
sexual orientation, or disability, or smoker.
FL
Race, color, sex, religion, national origin, age, or disability, or believe that you have been discriminated against
because of opposing a prohibited practice or participating in an equal employment opportunity matter.
GA
Race, color, religion, sex, national origin, age (40 to 70) or disability.
ID
Age (over 40), national origin, physical or mental disability, gender, pregnancy, race or religion.
IN
IA
Age (over 40), national origin, physical or mental disability, gender, marital status, pregnancy, race, religion,
military status.
Race, color, religion, sex, national origin, disability, or age (40 to 70)
Age (over 18), national origin, physical or mental disability, gender, race, or religion
KS
Age (over 18), national origin, physical or mental disability, gender, race, religion, or military status.
KY
Age (over 40), national origin, physical disability, gender, race, religion, smoker.
LA
Age (over 40), national origin, physical or mental disability, gender, pregnancy, race, religion, sickle cell trait.
ME
Age, national origin, physical or mental disability, gender, pregnancy, race, religion, sexual orientation.
IL
MD
MA
MI
Age, ancestry, color, creed, marital status, mental or physical disability, national origin, race, religious affiliation,
belief, or opinion, sex or sexual orientation.
Age (over 40), national origin, physical or mental disability, gender, marital status, race, religion, sexual orientation,
military service, arrests.
Race, religion, color, sex, height, weight, marital status, national origin, age, or disability.
MS
Age (over 18), national origin, physical or mental disability, gender, marital status, pregnancy, race, religion,
sexual orientation.
Military status; no other protected categories unless employer receives public funding
MO
Age (40 to 70), national origin, physical or mental disability, gender, pregnancy, race, or religion.
MT
Age, national origin, physical or mental disability, gender, marital status, pregnancy, race, or religion.
NE
Age (40 to 70), national origin, physical or mental disability, gender, marital status, pregnancy, race, religion.
MN
NV
NH
Age (over 40), national origin, physical or mental disability, gender, pregnancy, race, religion, or sexual
orientation.
Age, national origin, physical or mental disability, gender, marital status, pregnancy, race, religion, or sexual
orientation.
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NJ
NM
NY
NC
ND
OH
Race, creed, color, national origin, nationality, ancestry, age (18 to 70), sex (including
pregnancy), familial status, marital status, domestic partnership status, affectional or sexual orientation,
atypical
hereditary
cellular
or blood
trait,
genetic disability,
information,
liability
for military
and race,
mental
or
Age
(over
40), national
origin,
physical
or mental
gender,
marital
status, service,
pregnancy,
religion,
physicalorientation,
disability, perceived
disability,
and medical
AIDS andcondition.
HIV status.
sexual
gender identity,
serious
Race, religion, gender, place of national origin, age (over 18), marital status or disability, sexual orientation,
arrest or conviction record, partnership status, or status as a victim
of domestic violence, stalking and sex offenses.
Race, color, sex, religion, age, national origin or disability in employment, or charges alleging retaliation for
opposition to such discrimination brought by previous and current state employees or applicants for
employment for positions covered by the State Personnel Act, including county government employees.
Age (over 40), national origin, physical or mental disability, gender, pregnancy or related medical condition,
race, religion.
Race, color, sex, religion, national origin, age (over 40), or disability, or believe that you have been
discriminated against because of opposing a prohibited practice or participating in an equal employment
opportunity matter.
OK
Age (over 40), national origin, physical or mental disability, gender, race, religion, military service or smoker.
OR
Age (over 18), national origin, physical or mental disability, gender, marital status, pregnancy, race, religion.
PA
RI
SC
Age (40 to 70), disability, equal pay/compensation, national origin, pregnancy, race, religion, retaliation, sexbased or sexual harassment.
Race, color, sex, age (over 40), national origin, religion, handicap/disability status, veteran status or sexual
orientation.
Race, color, national origin, religion, sex, age (over 40) and disability; housing on the basis of race, color,
national origin, religion, sex, familial status and disability.
SD
National origin, physical, mental or learning disability, gender, race, religion, pre-existing injury.
TN
Race, color, religion, age (over 40), sex, creed, national origin or disability.
TX
Age, (over 40), national origin, physical or mental disability, gender, pregnancy, race, or religion.
UT
Age (over 40), national origin, gender, pregnancy and related medical conditions, race, religion.
VT
Age (over 18), national origin, physical, mental or learning disability, gender, race, religion, sexual orientation,
place of birth.
VA
Race, color, religion, national origin, sex, age, marital status, and physical or mental disability.
WA
Age (over 40), national origin, physical, mental or sensory disability or use of a service animal; gender, marital
status, race, religion, member of state militia.
WV
Age (over 40), national origin, physical or mental disability, gender, race, religion, smoker.
WI
Age (over 40), national origin, physical or mental disability, gender, marital status, pregnancy and other related
medical conditions, race, religion, sexual orientation, military service.
WY
Age (over 40), national origin, gender, race, religion, military service/status or smoker.
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ADDENDUM B - Benefits for Unmarried Partners
The following states recognize exceptions for spousal benefits to same-sex partners or common-law spouses
State
Exceptions
CA
The California Domestic Partners Rights and Responsibilities Act states that registered domestic partners have
the same rights, protections, and benefits as are granted to spouses.
CO
Allows unwed persons – including same-sex couples – the right to designate each other as beneficiaries in a life
and health insurance policy or a retirement plan, to acquire property as joint tenants, to inherit property from
each other, to receive workers’ compensation benefits if their partner is killed in a work-related accident, and to
make medical end-of-life decisions.
CT
Allows all the same benefits, protections, and responsibilities under law, whether derived from the general
statutes, administrative regulations or court rules, policy, common law, or any other sourced of civil law, as are
granted to spouses in a marriage.
DE
Partners in civil unions must be provided the same state-law benefits as married couples.
DC
The District of Columbia now recognizes same-sex marriages, and married employees with same-sex partners are
eligible to enroll their spouses in those benefit plans that are open to the spouses of employees.
GA
Provide unmarried persons one or more benefits, rights, or privileges in the same manner that such
organization or person contractually provides benefits, rights, or privileges to married persons.
HI
Employers must provide reciprocal beneficiary family coverage to employees who have registered with the state
as reciprocal beneficiaries to the same extent that coverage is available to individuals who aren’t reciprocal
beneficiaries.
IL
Illinois recognizes “civil unions” between same-sex and opposite sex couples.
IA
Common-law partners who have achieved common-law marriage status are treated as married persons for
purposes of employee benefits and privileges.
MA
Same-sex married couples are legally entitled to the same benefits as opposite-sex married couples.
MT
Common-law spouses are entitled to employment benefits.
NH
Same-sex partners in a civil union or same-sex marriage (after January 1, 2010) are entitles to all the rights
provided for in New Hampshire state law that apply to married partners.
NJ
New Jersey cannot require employers with self-funded plans to provide benefits to same-sex partners. With
respect to fully-insured plans, New Jersey requires insurers to provide same-sex partner coverage to same-sex
couples who have entered into a civil union under policies issued in New Jersey.
OR
Oregon has established a domestic partnership system that legally recognizes same- sex relationships. Samesex couples may register for a Certificate of Registered Domestic Partnership.
RI
Parties to a civil union shall have all the rights, benefits, protections, and responsibilities under the law.
UT
Common-law marriages are recognized as valid if a court or administrative order establishes that the relationship
arises out of a contract between two consenting parties who are capable of giving consent, are legally capable of
entering into a solemnized marriage under Utah law, have cohabited, have assumed marital rights, duties, and
obligations, and who hold themselves out as husband and wife.
VT
Allows dependent coverage to parties in civil unions on an equivalent basis as that provided to married
insureds.
WA
State registered domestic partners are entitled to the same rights, benefits, and protections given to
married couples on the state level.
WI
The Wisconsin Family & Medical Leave Law provides leave benefits to eligible employees for the serious
health condition of the employee’s domestic partner or the domestic partner’s parent.
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ADDENDUM C - Breaks and Meal Periods
Breaks and meal periods are not required by federal law. However, many states have specific requirements to govern meal
periods.
State
Exceptions
AK
Employees under 18 are entitled to a break of at least 30 minutes during the course of the work shift if they
are scheduled to work for six or more consecutive hours.
CA
Employers may not employ a nonexempt employee for a period of more than five hours (to be taken prior to
the start of the 5th hour of work) per day without providing the employee with a meal period, which may be
unpaid, of at least 30 minutes, with the exception that if the total work period per day of the employee is no
more than six hours, the meal period may be waived by mutual consent of both the employer and employee.
Employers may not employ an employee for a work period of more than 10 hours per day without providing
the employee with a second meal period, which maybe unpaid, of not less than 30 minutes. But if the total
hours worked are no more than 12, the second meal period may be waived by mutual consent but only if the
first meal period wasn’t waived. Rest breaks of at least 10 minutes must be provided for every 4 hours or major
portion thereof worked daily if the work shift is at least 3 ½ hours.
CO
Meal periods: For every work shift of more than five consecutive hours, employees of covered employers shall
be entitled to an uninterrupted and “duty free” meal period of at least 30 minutes.
Break periods: Employees of covered employers are guaranteed a compensated 10- minute rest period for
each four-hour work period or major fraction of a four-hour work period, in the middle of the shift when
possible.
CT
Employees required to work for 7½ or more consecutive hours must be allowed at least 30 consecutive minutes
for a meal. Meal periods are required after the first two hours and before that last two hours of work. The law
provides exceptions if such breaks would cause public safety, the duties of the position may only be performed
by one employee or the restaurant shift has fewer than five employees and the continuous nature of the
operation requires employees to be available for urgent response. In such situations of exemption employees
must be compensated for meal and rest periods.
DE
Employees working 7 ½ consecutive hours or more are entitled to a 30-minute meal break, which is to be
taken some time after the first two hours of work and before the final two hours. The law provides
exceptions if such breaks would cause public safety, the duties of the position may only be performed by
one employee or the restaurant shift has fewer than five employees and the continuous nature of the
operation requires employees to be available for urgent response. In such situations of exemption
employees must be compensated for meal and rest periods.
DC
Employers are required to provide “reasonable” unpaid break time for employees who are nursing their
children.
FL
Minors are to be given a 30-minute break if the minor has worked for any four-hour stretch.
IL
Employees who are to work 7 ½ continuous hours or more must be provided an unpaid meal period of at least
20 minutes. The meal period must be given no later than five hours after an employee begins work.
IN
Employees under the age of 18 must be provided one or two rest breaks totaling at least 30 minutes if the
employee is scheduled to work at least six consecutive hours.
IA
Any minor under 16 employed for a period of 5 hours or more each day shall receive intermission of no less
than 30 minutes.
KY
Employees are entitled to a paid 10-minute break for every four hours worked and a “reasonable period”
for meals (ordinarily 30 minutes or more) no sooner than three hours or later than five hours into the
shift. The employer and employee may engage in a mutual waiver agreement for exemption.
LA
Any minor who works five hours must be allowed a 30-minute meal break.
ME
Employees of covered employers may not work more than six consecutive hours without a break of at
least 30 consecutive minutes.
MD
Minors under the age of 18 cannot be employed for more than five consecutive hours without a nonworking
period of at least one-half hour. Retail establishments that employ at least 50 retail employees in the state
must provide nonworking shift breaks as follows: (1) any employee working four to six consecutive hours must
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receive a 15- minute break; (2) any employee working more than six consecutive hours must receive a 30minute break; (3) any employee working eight or more consecutive hours must receive an additional 15minute break for every four consecutive hours worked.
MA
Employers must provide a 30-minute meal break to all employees within six hours of beginning work.
Another meal break would have to be provided if the employee were required to work another six hours
after resuming work. Meal breaks can be unpaid.
MN
Employers must permit each employee working for eight or more consecutive hours sufficient time to eat
a meal. The meal break doesn’t have to be paid.
NC
Minors under the age of 16 must receive at least 30 minutes for rest prior to five consecutive hours of
work.
NV
Employees who work for a continuous eight-hour period must be permitted one meal period of at least
one-half hour. Employees who work for a period greater than 3 ½ hours must be permitted rest periods.
NH
Employers may not require employees to work more than five consecutive hours without a half-hour eating
period except if it is feasible for employees to eat during the performance of work and the employer permits
them to do so. If employees work during meal periods, they must be paid to do so.
NJ
No minor (under 18) may be permitted to work for more than five continuous hours without an interval of
at least 30 minutes for a lunch break, and no period of less than 30 minutes shall be deemed to interrupt a
continuous period of work. If an employer requires an employee to remain at his or her place of work
during a lunch/meal break, then the employer must pay the employee for that lunch/meal break.
NY
For employees who work a shift of more than six hours that extends over the meal period, which runs
from 11 a.m. to 2 p.m.: The noonday meal period is at least 60 minutes for individuals employed by or in
connection with a factory and at least 30 minutes.
ND
A minimum 30-minute meal period must be provided in each shift exceeding five hours when there are two
or more employees on duty.
OH
Minors under the age of 16 must receive at least 30 minutes for rest prior to five consecutive hours of
work.
OR
A paid rest period of not less than 10 minutes for every segment of four hours worked in one work period.
Meal periods of not less than 30 minutes to employees who work shifts of six or more hours.
PA
No minor under 18 may work for more than five hours continuously without an interval of at least 30 minutes
for a lunch period.
RI
With two limited exceptions, all employers are required to provide employees an unpaid meal break of 20
minutes per six-hour shift and 30 minutes per eight-hour shift.
TN
Employees must have a 30-minute unpaid rest break or meal period if scheduled to work six hours
consecutively. Breaks aren’t to be scheduled during or before the first hour of work. Mutual waivers may
be established by the employer and employee.
VA
Minors under the age of 16 must receive at least 30 minutes for rest prior to five consecutive hours of
work.
WA
Nonexempt employees must be allowed a meal period of at least 30 minutes that begins not less than two
hours or more than five hours after the beginning of the shift. An employee can’t be required to work more
than five consecutive hours without a meal period.
WI
State law recommends that employers allow each employee 18 or over at least 30 minutes for each meal
period reasonable close to the usual meal period time or near the middle of a shift and that shifts of six
consecutive hours without a meal period should be avoided.
WV
Employees working at least 6 hours per day who are not offered breaks must be permitted to eat lunch while
working and must be given at least 20 minutes for a meal period.
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ADDENDUM D - Guidelines for Minors
The following provides guidelines for hiring and employing minors ages 16 - 18. Most States require work permits for
minors under 18 having not graduated from high school or have earned GED.
State
Exceptions
AL
Minors under 18 may not work before 5am or after 10 p.m. on a school night, unless they are in a work
program certified by the Department of Education or exempted by the superintendent. Limitations on
working during non-school hours may be waived if the superintendent and the chief state child labor
inspector issues a certificate of employment.
CA
Minors who are 16 or 17 may not work more than four hours outside school hours on any day on which they
are required by law to attend school, however, such minors 16 and older may work outside school hours for no
more than eight hours on any day that they are required by law to attend school and that are immediately
prior to a non-school day. Also, 13-year-olds who have completed sixth grade and who are identified as having
exhibited the potential to drop out of school and who participate in an employment program sponsored by a
school district may be issued work permits, within the school district’s discretion, to work two hours a day with
a maximum of four hours a week. Minors between 14 and 16 who have graduated from elementary school
may receive permits to work full time if any of the following conditions apply: (1) the minor’s parent or
guardian can’t work because of illness or injury; (2) the minor’s family needs the minor’s earnings because of
the death or desertion of the minor’s mother or father and the inability to secure sufficient aid in any other
manner; (3) the minor can’t reside with family and the minor’s earnings are necessary for the minor’s support;
or (4) the minor is living in foster care, and the purpose of the employment is to further the minor’s
emancipation or enable the minor to obtain necessary work skills and habits.
DE
Minors between 16 and 18 may not have more than 12 hours per day of combined school and work time.
Minors under 18 may not work more than five consecutive hours without a nonworking break of at least onehalf hour.
DC
Minors 16 or 17 years of age may only work between 6 a.m. and 10 p.m. Minors under 16 may only work
between 7 a.m. and 7 p.m., except from June 1 through Labor Day, when they may work between 7 a.m. and 9
p.m.
FL
Minors 16 and 17 may not work before 6:30 a.m. or after 11 p.m. and no more than eight hours per day.
When school is in session, they may work no more than 30 hours per week.
GA
Minors under the age of 18 must have work authorization cards.
KY
Minors under the age of 18 may obtain work authorization cards with all such restaurants maintaining
separate records of minors and post occupations prohibited to minors with schedules for working days.
LA
Minors age 16 years old, not graduated from high school or GED cannot work between 11pm and 5am. 17year-old minors who have not graduated from high school or received a GED cannot work between 12am
and 5am prior to the start of any school day.
MD
Minors under the age of 18 may not work more than 12 hours in combination of school and work. Minors must
have at least 8 consecutive hours of nonwork, non-school time in each 24 hour-day.
ME
Minors between 16 and 18 enrolled in school may not work more than six hours per day on any day when
school is in session. Minors between 16 and 18 may not work past 10:15 p.m. on a school night.
MA
Minors between 16 and 18, generally, may not work more than six days a week, 48 hours a week, or more
than nine hours a day. They can only work between 6 a.m. and 10 p.m. or 10:15 p.m. if the employer serves
customers until 10 p.m.
MI
Minors 16 and older: May not be employed more than six days in one week, for a period longer than a weekly
average of eight hours per day or 48 hours in one week, or for 10 hours in one day. On Fridays and Saturdays,
vacations, or periods when they aren’t regularly in school, they may be employed until 11:30 p.m.
MN
A high school student under 18 must not be permitted to work after 11 p.m. on a school night or before 5 a.m.
on a school day.
NH
Minors age 16 and 17 who are duly enrolled in school are restricted to working six consecutive days or no
more than 30 hours during the school calendar week, and six consecutive days and a maximum of 48 hours
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during a week during school vacation.
NJ
Minors under 18 many not work more than eight hours per day, more than six consecutive days a week, or
more than 40 hours per week. Minors between 16 and 18 can’t work between the hours of 11 p.m. and 6
a.m.
NY
When school is in session, no minor 16 or 17 may be employed more than four hours on any day preceding
a school day other than Sunday or a holiday or more than eight hours on Fridays, Saturdays, Sundays, and
holidays. Sixteen- and 17-year-olds are limited to working no more than 28 hours a week and no more than
six days a week when school is in session. When school is not in session, the limits are no more than eight
hours a day, 48 hours a week, or six days a week.
NC
Minors age 16 and 17 are prohibited from working between 11 p.m. and 5 a.m. when the next day is a school
day without written permission from a parent and the principal.
OH
Minors 16 and 17 who are required to attend school may not work before 7 a.m. on a school day. Minors
16 and 17 years old may not work after 11 p.m. on any night preceding a school day.
PA
Minors may not work for more than six consecutive days in any one week, more than 44 hours in any one
week, or more than eight hours in any one day. Minors who are enrolled in regular day school and working
outside school hours may not work more than 28 hours during a school week.
RI
Minors between 16 and 18 can’t work more than 48 hours per week and nine hours per day, although if the
48 hours is worked in a five-day period, the maximum daily rate is 9.6 hours.
TN
Minors who are 16 or 17 and enrolled in school may not be employed during those hours when required to
attend classes or between 10 p.m. and 6 a.m. Sunday through Thursday evenings preceding a school day.
WA
Minors ages 16 and 17 may work up to four hours on weekdays and eight hours on weekends during school
time. They may work up to 20/28 hours a week and six days a week. They may not begin work before 7 a.m.
during school time or before 5 a.m. during school vacations. During the school year, they may not work past 10
p.m. on Sundays through Thursdays and not past midnight on Fridays and Saturdays and during school
vacations. Sixteen- and 17-year-olds may work up to eight hours a day during all school vacations and up to 48
hours a week and six days a week.
WI
Minors 12-17 may work only six days per week with limited exceptions. While school is in session, minors may
only work five hours per day except for the last school day of the week or other non-school days, when they
may work eight hours. Minors 16 and 17 can work no more than 26 hours per calendar week while school is in
session or 32 hours per calendar week when school is in session for less than five days for that week. In weeks
when there’s no school, minors 16 and 17 may work no more than 50 hours per calendar week and must be
paid overtime for all hours worked in excess of 10 per day or 40 per week.
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ADDENDUM E - Family and Medical Leave
The following provides details of State requirements associated with FMLA. Federal requirements should be followed for
those requirements less strict than federal FMLA.
State
Protected Classes
AZ
Arizona employees are entitled to paid time off. Employees earn one hour of sick leave for every 30 hours
worked. Employees may earn 40 hours of paid sick leave on an annual basis. Paid sick leave may be used for the
employee’s own sickness including preventive care, physical or mental illness and services related to domestic
or sexual violence for the employee or an employee’s family member. Family member is broadly defined to
include the employee’s spouse, or domestic partner and parents, children, grandparents, grandchildren.
CA
The California Family Rights Act (CRFA), enacted as the Moore-Brown-Roberti Family Rights Act, provides for 12
workweeks of leave in a 12-month period for (1) care of a child, parent, spouse, or registered domestic partner of
the employee who has a serious health condition; (2) employee’s own serous health condition, or (3) bonding
with newborn child or child placed with employee in connection with adoption or foster care. Unlike the FMLA,
state law (California Domestic Rights and Responsibilities Act) allows CFRA to be taken to care for a registered
domestic partner with a serious health condition. Unlike the FMLA, CFRA-eligible employee may be entitled to 12
weeks of CRFA leave for baby bonding after she is no longer disabled by the pregnancy or at the end of four
months of pregnancy disability leave, whichever occurs first. Thus, the maximum possible combined statutory
leave for Pregnancy Disability Leave and CFRA due to the birth of a child is four months plus 12 workweeks.
CT
Private sector: Covered employers must allow leave to employees who have worked at least 12 months before
the first day of leave and at least 1,000 hours in the last 12 months. Leave may be granted for the birth or
adoption of a child or placement of a child in foster care; to care for a seriously ill family member; for the
employee’s own serious health condition; the parent of a spouse with a serious health condition; a civil- union
partner with a serious health condition; or the parent or child of a civil-union partner. There is no exemption for
highly compensated employees. The leave prior is 16 weeks for every two-year period. Employers aren’t
required to continue health benefits at their expense during the leave, and the leave may be unpaid.
DC
Private employers with at least 20 employees (but not the federal government) must provide eligible employees
with the right to take up to 16 weeks of medical leave without pay during a 24-month period. Family leave may
be used for the care of a family member with a serious health condition, the birth of an employee’s child, the
placement of a child with the employee for adoption or foster care, or for whom the employee will permanently
assume and discharge parental responsibility. D.C. defines family to include a person to whom the employee is
related by blood, legal custody, or marriage; a child who lives with the employee and for whom the employee
permanently assumes and discharges parental responsibility; and a person with whom the employee shares or
has shared within the past year a mutual residence and a committed relationship. To be eligible, an employee
must have worked for one year without a break in service for the same employer and worked at least 1,000 hours
during the 12-month period before the leave. Intermittent leave is allowed but only over a period of up to 24
weeks. Employees may not tack on sick leave to extend time off beyond the 16 weeks of allowed medical leave. A
separate statute entitles employees of all employers to a total of 24 hours of unpaid leave during any 12-month
period to attend or participate in a school-related event for his or her child.
HI
Under Hawaii’s Family Leave Act, employees of covered employers are eligible for leave if they work for at least
six consecutive months. Eligible employees are entitled to four weeks of unpaid family leave during any calendar
year upon the birth of a child of the employee or to care for the employee’s child, spouse, reciprocal beneficiary,
or parent with a serious health condition. An employee may elect to substitute any of the employee’s accrued
paid leave, including, but not limited to, vacation, personal, or family leave for any part of the four-week period.
Intermittent leave may be taken. Employers who provide sick leave must permit employees to use their accrued
sick leave for family leave, but employees may not use more than 10 days per year unless authorized by a
collective bargaining agreement. Unlike the federal Family and Medical Leave Act, Hawaii’s law permits a
reciprocal beneficiary to enjoy the same benefits. A reciprocal beneficiary is defined as two adults who are
parties to a valid reciprocal beneficiary relationship. The requirements are (1) each of the parties is at least 18
years of age; (2) neither is married or a party to another reciprocal beneficiary relationship; (3) the parties are
legally prohibited from marrying one another; (4) voluntary consent to the relationship; and (5) each party signs
a declaration of reciprocal beneficiary relationship. Hawaii’s law defines the term “parent” broader than the
federal law. Parent means a biological, foster, or adoptive parent, a parent-in-law, a stepparent, a legal
guardian, a grandparent, or a grandparent-in-law. There’s no limitation for spouses employed by the same
employer. Each spouse, if eligible, is entitled to four weeks of family leave.
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IA
Employers are required to provide unpaid leave of up to eight weeks to pregnant employees or those who have
recently given birth when sufficient leave isn’t available under any health, temporary disability insurance, or
sick leave plan. Under certain circumstances, the leave can be in addition to the 12 weeks required under the
federal Family and Medical Leave Act.
KY
Kentucky law provides leave for employees to receive and adoptive child. Upon receiving a written request,
employers must grant reasonable personal leave not to exceed six weeks when the reason is to receive an
adoptive child under age 7. There is no requirement to provide the leave with pay. Kentucky also allows teachers
to request a leave of absence for up two consecutive school years because of illness, maternity, adoption of a
child, or other disability.
MN
Minnesota family and medical leave and pregnancy leave issues are covered by Minnesota’s Parenting Leave Act.
Covered employers must grant unpaid leave to an employee who is a natural or adoptive parent in conjunction
with the birth or adoption of a child. The leave may not exceed six weeks unless agreed to by the employer. The
employee must be reinstated to the same or a comparable position after leave. Also, employees may use
personal sick leave benefits for absences for the illness or injury to a child, limited to reasonable periods. An
employee must have been employed for at least 12 consecutive months prior to the request, working at least
on-half of a full-time equivalent.
NJ
The New Jersey Family Leave Act (FLA) requires covered employers to provide up to
12 weeks of leave in a 24-month period for the birth or adoption of a child or the serious health condition of a
child, spouse, parent, parent-in-law, or partner in a civil union. The most significant differences between the
federal Family and Medical Leave Act are: (1) the FLA doesn’t cover one’s own serious health condition; and (2) in
order for employees to be eligible for the FLA, they must be employed for at least 12 months within the state and
for 1,000 base hours in the 120month period immediately preceding leave. (Federal law requires employees to
be employed by the employer from whom leave is sought for 12 months and for at least 1,250 hours during the
preceding 120- month period.) FLA leave need not be paid. New Jersey also has a Paid Family Leave Act. The law
requires employers to provide eligible employees up to six weeks of family leave benefits to care for sick family
members or a new born or newly adopted child.
OR
In addition to the leave covered by the FMLA, the Oregon Family Leave Act (OFLA) provides leave to care for a
spouse, parent, child, parent-in-law, grandparent, or grandchild with a serious health condition, or a child with a
non-serious health condition (sick-child leave). OFLA excludes leaves due to workers’ compensation injury. OFLA
also defines “family member” more broadly than FMLA, to include same-sex domestic partners, in-laws,
grandparents, and grandchildren. OFLA allows 12 weeks of unpaid family leave in the 12-month leave year
designated by the employer, but there are two exceptions under which more than 12 weeks may be taken: (1) A
woman using OFLA leave for pregnancy disability may take up to an additional 12 weeks for any other qualifying
OFLA purpose, including a continuation of the pregnancy disability itself, and (2) a man or woman using parental
leave may take up to an additional 12 weeks for sick-child leave. A parent must use the entire 12 weeks of
parental leave to qualify for another full 12 weeks of sick-child leave. Thus, a woman may potentially use both of
the exceptions, enabling her to take as much as 36 weeks of OFLA leave in on leave year.
A man may take up to 24 weeks of leave: 12 weeks for the serious health condition of himself or family members,
sick-child, or parental leave and 12 additional weeks of sick- child leave. OFLA leave is generally unpaid, but
employers may require employees to use available paid leave. Employees must be allowed to use any type of
accrued paid leave. Employees also may use accrued sick leave even if the employer’s policy wouldn’t otherwise
allow it. OFLA doesn’t require employers to continue employee health insurance benefits during OFLA leave, but
employees are entitled to the same benefits and coverage upon reinstatement. OFLA is stricter than FMLA on
reinstatement. Employees are entitled to their positions at the time of leave regardless of whether the position
has been renamed or reclassified. The exception is that employees aren’t entitled to reinstatement when they
would have been bumped or displaced from the former position if they hadn’t taken leave. If an employee’s job
has been eliminated, the employer must place him in any “available equivalent position.”
RI
The Rhode Island Parental and Family Medical Leave Act (PFMLA) provides full-time employees who have been
with the same employer for 12 consecutive months 13 consecutive workweeks of parental or family leave in any
two calendar years. PFMLA leave is unpaid, but employees may be paid while on leave if existing parental or
family leave policies allow for paid leave under the circumstances. In no event, however, may the total leave –
paid and unpaid – exceed 13 weeks in a period of two calendar years. PFMLA doesn’t authorize employees to take
intermittent leave or reduced schedule, nor does it contain an exception to the restoration rights of key
employees. In-laws are included in the definition of “family members” for whom employees may take leave to
take care of if they develop a “serious health condition.” Domestic partners of state employees are included
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within the definition of “family members” for purpose of the PFMLA. Under the Family Military Leave Act, spouses
and parents of a person called to military service lasting longer than 30 days who have been employed for at least
12 months and for at least 1,250 hours of service during the 12 months immediately preceding commencement of
leave can request leave for up to 15 cays (for employers with 15-50 employees) or 30 days (for employers with
more than 50 employees). This leave may be unpaid. The spouse or parent must give at least 14 days’ notice of
intent to take leave for five or more consecutive workdays. However, the spouse or parent cannot take family
military leave unless he/she has already exhausted all accrued vacation, personal, compensatory, and other leave,
excepting sick and disability leaves. A spouse or parent who exercises this right is entitled to restart his/her
position or one at the same seniority level with the same pay and benefits unless there is reason supporting the
contrary that is unrelated to the leave taken. The employer must also make benefits available to the spouse or
parent during eh leave period, even if only at the employee’s expense. If an employer interferes with, restrains, or
denies the exercise of these rights or discharges, suspends fires, disciplines, or discriminates again an employee
for exercising these rights, the employee may bring a civil action against the employer for relief necessary to
redress the violation.
VT
Vermont’s Parental and Family Leave Act (PFLA) provides employees with up to 12 weeks of unpaid leave for an
employee’s own serious illness or the serious illness of a family member (including an employee’s civil union
partner) or for pregnancy, birth, or the adoption of a child under 16. To be eligible, employees must have been
continuously employed by the same employer for one year for an average of at least 30 hours per week.
Employees, at their discretion, may use up to six weeks of accrued paid leave during PFLA leave. All employment
benefits continue during leave. In addition to the 12 weeks of unpaid leave, short-term leave is available under
the PFLA. Specifically, employees are entitled to four hours of unpaid leave in any 30-day period. The leave can’t
exceed 24 hours in any 12-month period. The leave may be taken to (1) participate in preschool or school
activities; (2) attend or accompany a child, stepchild, foster child, parent, spouse, civil union partner, parent-inlaw, or parent of a civil union partner to a routine medical or dental appointment; (3) accompany a parent,
spouse, civil union partner, parent-in-law, or parent of a civil union partner to other appointments for
professional services related to their care and well-being; or (4) respond to a medical emergency involving an
employee’s child, stepchild, foster child, parent, spouse, civil union partner, parent-in-law, or parent of a civil
union partner.
The Washington Family Leave Act (WFLA) generally parallels the federal FMLA. Usually, leave taken under FMLA
also counts as WFLA leave and vice-versa. However: (1) “leave for sickness or temporary disability because of
pregnancy or childbirth” doesn’t count against the employee’s WFLA leave entitlement, even if it counts as FMLA
time; (2) under WFLA, registered domestic partners are treated the same as spouses; and (3) WFLA does not
provide for military family leave so, in some circumstances, FMLA leave used for qualifying exigencies or military
caregiver leave might not qualify as WFLA leave. For purposes of job protection and return to work, an
“equivalent position” is one with equivalent employment benefits, pay and other terms and conditions of
employment at a workplace within 20 miles of the employee’s workplace when leave commenced.
Under the Washington Law Against Discrimination (WLAD), a female employee is entitled to leave “for the period
of time that she is sick or temporarily disabled because of pregnancy or childbirth.” Notice and certification
requirement, pay and benefits, etc., cannot differ from what the employer requires or provides for similar nonpregnancy- related leaves. This leave doesn’t depend on the employee having available WFLA and doesn’t count
against the employee’s WFLA leave, if any.
WA
The Washington Family Care Act (WFCA) allows employees to use their choice of sick leave or other paid time off
to care for (1) a child with a health condition that requires treatment or supervision or (2) a spouse, parent,
parent-in-law, or grandparent of the employee who has a serious health condition or an emergency condition.
“Child” includes an adult son or daughter incapable of self-care due to a disability. A “health condition that
requires treatment or supervision” is defined as (1) any medical condition requiring medication that the child
can’t self-medicate; (2) any medical or mental condition that would endanger the child’s safety or recovery
without the presence of a parent or guardian; or (3) any condition warranting preventive health care if a parent
must be present to authorize the treatment and the employer allows employees to use their own accrued sick
leave for preventive health care. The employee taking leave must comply with the terms of any collective
bargaining agreements and employer policies applicable to the leave except for any terms relating to the choice
of leave. Washington law provides for unpaid domestic violence/sexual assault leave for employees who are
victims of domestic violence, sexual assault, or stalking or who have family members who are victims. Leave may
be used for legal, medical, or safety reasons. The leave may be taken in blocks or intermittently and is restricted
to a “reasonable” amount, but is not otherwise limited as to time or length. The leave is subject to notice and
verification requirements.
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WI
Wisconsin Family and Medical Leave Act (WFMLA). Eligible employees must have worked 52 consecutive weeks
and have been paid for at least 1000 hours during that period of time. Employees are eligible to take up to eight
weeks of family two weeks of medical leave in a 12-month period defined by calendar year from January 1 through
December 31 each year. Up to six weeks may be taken of Family leave for the birth of a child or placement of an
adopted child and two weeks to care for child, spouse, domestic partner or parent of an employee or the
employee’s spouse or domestic partner with a serious health condition. The Law allows for intermittent leave.
Employees must give advanced notice with respect to planned medical treatment to minimize disruption to
business 0perations.
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ADDENDUM F - Jury Duty Laws
State
Protected Classes
AL
Employers must allow employees time off to serve on jury duty and must pay employees their usual
compensation, but employers cannot require them to use available paid leave (such as vacation or
other accrued leave time) while serving.
AZ
Employers must allow employees time off to serve on jury duty and must pay employees their usual
compensation, but employers cannot require them to use available paid leave (such as vacation or
other accrued leave time) while serving.
CO
All regularly employed jurors must be paid regular wages, not to exceed $50 a day unless by mutual
agreement, for the first three days of juror service.
CT
Employers must pay employees serving on juries regular wages for the first five days.
DC
Employees employed full time by employers with more than 10 employees are entitled
to their usual compensation less the fee received for jury service (approximately $30 per day).
FL
Specific Counties require employees to receive regular pay for time serving as jurors, Verification needs to
be made county by county: Counties currently requiring payment for jury service include: Miami-Dade and
Broward
LA
Employees are entitled to a one-day paid leave to serve on jury duty. The remaining time is unpaid.
MA
Employers must pay employees their regular pay for the first three days of jury service.
Employers must allow employees time off to serve on jury duty and must pay employees their usual
compensation, but employers cannot require them to use available paid leave (such as vacation or
other accrued leave time) while serving.
MD
Employers may not require an individual who is summoned and appears for jury service for 4 or more hours,
including travel time, to work a shift that begins on or after 5pm on the day of jury service or before 3am the
following day.
NM
Employers must allow employees time off to serve on jury duty and must pay employees their usual
compensation, but employers cannot require them to use available paid leave (such as vacation or
other accrued leave time) while serving.
NY
Employers with more than 10 employees may not withhold the first $40 of daily wages during the first
three days of jury service.
TN
Employees are entitled to their usual compensation less the amount the employee received for serving
as a juror. The employer may pay the employee’s usual compensation without deducting the amount
the juror receives for serving.
VA
Employees cannot be required to use sick leave or vacation time for jury service. Employers are
prohibited from taking any adverse action against employees summoned for jury duty. Those
summoned for jury duty and appear for four or more hours shall not be required to work on a shift
beginning after 5pm that day or before 3am the following day.
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ADDENDUM G - Overtime Laws
The following outlines overtime requirements and should be coordinated with Payroll for system compliance.
State
AK
Protected Classes
Overtime must be paid after eight hours per day or 40 hours per week at a rate of 1 ½
times the regular rate of pay.
AZ
For most employers, Arizona doesn’t have an overtime law. If the employer is covered by the Fair Labor
Standards Ace, federal overtime laws apply.
AR
Generally, employers are required to pay at least 1 ½ times the normal rate of compensation for hours
worked over 40 in a week.
CA
The Eight-Hour-Day Restoration in Workplace Flexibility Act of 1999 generally provides for overtime premium
rates for work in excess of eight hours in one workday and 40 hours in any one workweek. Generally, except for
an employee working pursuant to an alternative workweek schedule (with highly regulated provisions set forth in
the applicable Industrial Welfare Wage order), hours worked in excess of eight in a day or 40 in a week and the
first eight hours worked on the seventh day of work in a given workweek must be compensated at the rate of not
less than 1 1/2-times the regular rate of pay. Hours worked in excess of 12 in one day as well as hours worked in
excess of eight on any seventh day of a workweek must be compensated at the rate of not less than twice the
regular rate of pay. Employees working under an alternative workweek schedule under other specified provisions
are exempt from the eight-hour requirement. There are certain exceptions to the above general rules as set forth
in applicable wage order.
CO
Employers must pay employees time and a half for all hours worked in excess of (1) 40 hours per workweek; (2)
12 hours per workday; or (3) 12 consecutive hours without regard to the starting or ending time of the workday,
whichever calculation results in the greatest amount of wages.
CT
Generally, employers are required to pay 1 ½ times the regular rate of pay for hours worked in excess of 40
during a workweek.
DE
No law sets forth the number of hours employees are required to work before becoming eligible for overtime pay,
but overtime, if earned, must be paid in full by no later than the regular payday of the pay period subsequent to
that in which the overtime hours were worked.
DC
Overtime at time and a half if required for time over 40 hours per week.
FL
Florida law dictates 10 hours of labor to be “legal day’s work.” Unless a written contract provides otherwise, a
person employed is entitled to extra pay for all work performed by the requirement of his or her employer in
excess of 10 hours’ labor daily.
IL
As of April 2, 2004, the Illinois minimum wage law was amended to reject key parts of the new federal “white
collar” exemptions from overtime pay.
IN
Indiana forbids an employee from working longer than 40 hours per week unless the employee receives
compensation for employment in excess of 40 hours at a rate not less than 1.5 times the regular rate at which
he is employed.
KS
Overtime is required at time and a half for all hours worked beyond 46 in a workweek.
KY
Employers are required to pay time and one-half for hours worked in excess of 40 in a week, but are not required
to pay overtime when employees work longer than eight-hour days, so long as the employee does not exceed 40
hours in a week.
ME
An employer may not require an employee to work more than 80 hours of overtime in a consecutive two-week
period, with certain exceptions.
MD
Overtime requirements are the same as federal law with maximum hours before overtime being 40 per week for
most employees. Overtime is 1 ½ times the regular pay for hours over 40.
MA
Employers are required to pay no less than one and one-half times the employee’s regular hourly rate of pay for
all hours worked in excess of 40 hours. Regulations to the state’s wage and hour law make clear that it’s to be
interpreted according to parallel federal provisions where appropriate.
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MI
Employees must be paid 1.5 times the regular rate at which the employee is employed for work in excess of 40
hours per week. The overtime provisions do not apply to employees who are exempt from the minimum wage
requirements of the Fair Labor Standards Act.
MN
Overtime above 48 hours per week must be paid at 1 ½ times the regular rate at which the employee is employed.
MT
Employees who work more than 40 hours in a workweek must be compensated at a rate of not less than 1 ½
times their hourly wage rate.
NV
Employees must receive 1 ½ times their wages whenever they work (1) more than 40 hours in a scheduled week
or (2) more than eight hours in any workday unless by mutual agreement the employee works a scheduled 10
hours per day for four calendar days within a workweek.
NH
Employers covered by the minimum wage provisions must pay at a rate of time and one-half for all time
worked in excess of 40 hours in any one week.
NJ
Hours in excess of 40 in any week are considered overtime and must be compensated at 1 ½ times the employee’s
regular hourly wage. Thus, the New Jersey Wage and Hour Law follows the federal Fair Labor Standards Act, but
with some differences.
NM
Employees who are entitled to the minimum wage may not work more than 40 hours in any week of seven days
unless they’re paid time and one-half for hours worked in excess of 40.
NY
Employees who work in excess of 40 hours in a week must be compensated at an overtime rate unless they are
engaged in farm or domestic service (or covered by other specific provisions of New York law) or are exempt
from overtime under the federal air Labor Standards Act. State regulations require employers to pay overtime at
a rate of 1½ times the employee’s regular rate.
NC
Employers must pay employees who work more than 40 hours in a workweek at a rate of not less than time and
one-half of the employee’s regular rate for the hours in excess of 40.
ND
Overtime pay must be paid at 1 ½ times the regular rate of pay to any employee for hours worked in excess
of 40 hours in any one week.
OR
Any hours worked over 40 in a workweek must be paid at 1 ½ times the employee’s regular rate.
PA
Employees are to be paid at least 1 ½ times the regular rate of pay for all hours worked in excess of 40 in a
workweek.
RI
Rhode Island requires covered employers to pay time and one-half for all hours worked in excess of 40 in one
week.
VT
Overtime pay of at least 1 ½ times the regular rate of pay is required for work performed in excess of 40 hours
during a workweek.
WA
State law generally requires a covered nonexempt employer to pay employees for time worked in excess of 40
hours per week at a minimum rate of 1 ½ times the employee’s regular hourly wage.
WI
Generally, state law parallels the federal wage and hour laws set forth by the Fair Labor Standards Act (FLSA).
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ADDENDUM H - Employee Records: Access
Guidelines for employees (and former employees) requesting review and copies of their records.
STATE
EMPLOYEES’ RIGHTS
FORMER EMPLOYEES’
RIGHTS
AK
Employers must allow employees to inspect and copy their personnel files and
other personnel information maintained by the employer concerning the
employee. Employers may require employees to pay the reasonable cost of
copying.
Same as for employees.
CA
Both current and former employees may inspect their personnel records at
reasonable times and notice. Reasonable times and notice means no later than
30 days from the time of “written” request. An employee has the right to inspect
his/her personnel records. The employer must do one of the following in order
to comply with the statue: (1) keep a copy of each employee’s personnel records
at the place where the employee reports to work; (2) permit the employee to
inspect his or her personnel records at the location where the employer stores
the personnel records, with no loss of compensation to the employee.
To current employees and
former employees.
CO
Private sector: In the case of a discrimination complaint or another type of
employee lawsuit, relevant records must be retained and be accessible to the
employee.
Any persons.
CT
Employees are allowed to inspect their personnel files upon request. Employees
being disciplined must receive a copy of their disciplinary notice within one
business day. Employees being terminated must receive immediate notice.
Employees are permitted to disagree and make note of their changes that are
disagreed on both sides. If Employees still disagree, they may provide a written
statement of such.
Same as for employees, but
employers are required to
keep personnel files for only
one year after termination.
DE
Employers must allow employees in inspect their personnel files at least once a
year. Employees are permitted to attach statements to any documents with
which they disagree.
Former employees have no
statutory right unless they
are laid off with
reemployment rights.
DC
Employees have the right to present information immediately germane to any
information in the file and seek to have irrelevant information removed.
No statutory right.
IL
Employees have the right to examine and copy their personnel files. Employers
are allowed to require employees to make a written request to review their files.
Employers must grant at least two inspection requests in a calendar year when
they are made at reasonable intervals. Copying fees must be limited to the
actual cost.
Former employees, for a
period of
one year from the date of
termination, have the right
to examine and copy their
personnel files.
IA
Employees have the right to examine and copy personnel files. Access is limited
to times when employer and employee have mutually agreed to permit access.
Employees aren’t allowed access to employment references written for them.
Employers may charge a reasonable fee for copies.
An employee is defined in
Iowa Code 91A.2(3) as a
natural person who is
employed in this state for
wages by an employer.
ME
Employees have the right to review and copy personnel files upon written
request. Employers must provide one copy of the entire personnel file at no
cost to the employee upon request in each calendar year. The employer has 10
days after receipt of the request to provide the opportunity for review of files.
Same as for employees.
MA
Employees have a statutory right to review their personnel files at their place of
employment during normal business hours. Employers must allow employees to
review their files within five days of receiving a written request, and employees
Same as for employees.
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are entitled to a copy within five days of receipt of their written request. If
employees disagree with information contained in the file, it is to be corrected if
mutually agreed on by employer and employee.
The Bullard Plawecki Employee Right to Know Act allows employees, upon
written request, to review their personnel records at reasonable intervals,
generally not more than twice a year. They also may obtain copies, but the
employer may charge the actual cost of making the copies.
Same as for employees.
MN
Private sector: Upon written request, employees are permitted to review their
employment files once every six months. Employers have seven working days
to respond to the request if the record is within the state and 14 working days
if the record is stored out of state. The employee must be allowed to view his
or her records or an accurate copy during the employer’s normal business
hours.
Within the same time
limitations imposed for
responding to a current
employee’s request, a
former employee may
examine his or her file upon
separation and once each
year for as long as the
record is maintained.
NC
Employees may examine medical records and entitled to have access to pursuant
to state OSHA regulations
MI
No Rights
NV
Employers must provide a reasonable opportunity to inspect any records
regarding employee qualifications and discipline.
Employers must allow
former employees to inspect
records if requested within
60 days of termination.
NM
Employers are required to allow employees to inspect or copy their personnel
files. There are two exceptions: (1) if the employee is the subject of a pending
investigation and disclosure of the information in the personnel file would
prejudice law enforcement, and (2) if the information relates to a government
security investigation.
Same as for employees.
OH
Private sector: Employers must allow an employee to review any medical report
arising out of any injury or disease related to the employee’s employment and
pertaining to him or her. The employer may require the employee to pay up to
25 cents per page to cover the furnishing of the reports.
Same as for current
employees.
Employees have the right to examine their personnel files, but do not have the
right to make copies.
Former Employees have not
rights to review their files
unless they have been laid
off with reemployment
rights or those on leave of
absence
OR
Employees have a legal right to inspect records that “are used or have been used
to determine the employee’s qualification for employment, promotion,
additional compensation or employment termination or other disciplinary
action.” Employees also have a right to a certified copy of their own records.
Employers have 45 days to comply with an employee’s request to inspect records
or receive a certified copy.
Employers are required to
keep personnel records for
at least 60 days after
termination. Within this 60day period, and afterward if
the employer still has the
record, a former employee
has the right to inspect and
receive a copy of his or her
record.
PA
Employees have a right to examine their own personnel files, but there is no
right to make copies.
Former employees have no
rights to review their own
personnel files.
RI
Employees have the right to examine their personnel files three times annually
provided they give their employer at least seven business days’ notice. Fields
include information used to determine qualifications, promotion, additional
compensation, termination, or disciplinary action. Employees aren’t entitled to
make copies of the files or remove it from the employer’s place of business.
No distinction made
between current and former
employees.
PA
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SC
Employees have access to records of exposure to potentially toxic
substances.
Former employees have
access to records of
exposure to potentially toxic
substances.
WA
Annually, employers must let employees inspect any or all of their personnel
files upon the employee’s request. Employees also may ask their employers to
review all information in their files annually to determine whether any
information is wrong or irrelevant and to have such information removed.
Former employees may
review their own personnel
files, but they retain the
right to request corrections
for only two years after the
termination of employment.
WI
Employers must, upon request of employees, permit employees to inspect
personnel documents used in determining qualifications, promotions, transfers,
additional compensation, termination, or other disciplinary action, and any
medical records unless specifically excepted from the rule.
Same as for employees.
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ADDENDUM I - Sick Leave and Other Paid Time Off
Additional requirements for time off concurrently or beyond FMLA.
State
CA
Main provision of the
paid leave law
Employees of larger employers can
accrue up to 72 hours. Paid sick leave
will begin to accrue 90 days after the
employee’s first day of work. Accrued
paid sick leave is carried over from
year to year, but may not exceed the
accrual caps.
Main provision of
other paid leave laws
California provides paid time off for
workers to provide care for a child,
spouse, parent, or domestic partner
with a serious health condition or to
bond with a new child (newborn,
adopted, or foster care child). Under
the state Paid Family Leave Law
(PFL), most California workers are
entitled to receive up to a 55 percent
wage replacement benefit for six
weeks in a 12- month period. PFL
benefits are not available for the
employee’s own medical condition.
PFL does not create leave
entitlement or provide job
protection.
School leave: An employee who is a
parent, guardian, or grandparent
having custody of a child in grades K
through 12 or attending a licensed
daycare facility is entitled to take off a
total of 40 hours each year (no more
than eight hours per month) to
participate in activities of the child’s
school or day care. The employee
must give the employer reasonable
notice and must use existing vacation,
personal, compensatory time, if any,
for purposes of the planned time off.
An employee also may use time off
without pay for this purpose, to the
extent made available by his or her
employer.
Organ and bone marrow donation:
Employers with 15 or more
employees are required
by state law to grant paid leave
to qualifying employees for the
purpose of organ or bone marrow
donation. The law provides a paid
leave of absence of up to 30 days
per 12-month period for donating
an organ to another person and up
to five days per 12-month period
for bone marrow donation.
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Covered employees
PFL applies to all
employers with one or
more employees. School
leave: The provision covers
employers with 25 or more
employees at the same
location.
Organ and bone marrow
donation: Employers
with 15 or more
employees are covered.
F I V E G U Y S O P E R A T I O N S , LL C – E M P L O Y E E H A N D B O O K
Employers must allow employees to
use up to two weeks of accumulated
sick leave to care for the serious
health condition of the employee,
child, spouse, parent, domestic
partner, or the partner’s parent or
child, for the birth or adoption of a
child, or so that the employee may
serve as a bone marrow or organ
donor.
CT
Employers are prohibited from
discriminating in any way against an
employee for using or attempting to use
sick leave for these purposes.
Employee Blood Donation Leave Act,
employers with 51 or more
employees must permit an eligible
employee to take paid leave for
donating blood.
An employee may use up to one hour (or
more, if authorized by the employer or
bargained for in a collective bargaining
agreement) to donate blood every 56
days.
An employee is eligible for
leave (i.e., is considered a
participating employee) if
the employee:
• Works six months or
more for a covered
employer (i.e., an
employer with 51 or
more employees);
• Is a full-time employee;
and
• Donates or attempts to
donate blood.
Bone marrow: Employees who work an
average of 20 or more hours per week
may take paid leaves of absence to
donate bone marrow. The combined
length of the leaves cannot exceed 40
work hours, unless agreed to by the
employer. Domestic violence: State law
mandates that covered employees
receive lost wage benefits if the
employee leaves his or her employment
because the employee is unable to
continue working for any of the following
reasons:
•Fear of future domestic abuse
•Need to relocate to another
geographic area
•Physical, emotional,
psychological, or legal
aspects of domestic abuse; or
•Belief that separation from
employment is necessary for the safety
of the employee or employee’s family
because of domestic abuse.
Bone marrow: This Act
applies to employers
with 20 or more
employees.
IL
LA
Eligible only one time per calendar
year.
ME
Employers with 25 or more
employees must allow an
employee who receives paid leave,
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such as sick leave, vacation time,
or compensatory time, to use that
time to care for an ill immediate
family member.
MN
Bone marrow: Covered employers must
grant up to 40 work hours of paid leave
to any employee who seeks to
undergo a medical procedure to donate
bone marrow.
NC
North Carolina law permits National
Guard re-employment rights and extends
the re-employment application for
National Guard members who were
injured during state active
Duty.
NJ
The state’s Temporary
Disability Benefits Law (TDB) provides
eligible employees with up to six weeks of
temporary disability benefits while taking
leave under the NJFLA or the federal
FMLA to:
• Bond with a child during the first 12
months after the child’s birth
• Care for a family member with a
serious health condition.
Blood donation: Covered employers must
grant employees at least three hours of
leave in any 12-month period to donate
blood.
NY
PA
Bone Marrow: The combined length of
leaves is to be decided by a physician;
however, the cumulative leave should
not exceed 24 work hours unless the
employer agrees to do so.
Philadelphia ordinance:
Effective July 1, 2012
Philadelphia requires certain
employers that do business with
the city to provide full-time
employees with paid sick leave.
City of Seattle: The City of Seattle
will require that employees in
the city will accrue paid sick
time.
WA
Paid family leave: Effective October
2012, the state of Washington will
require paid family leave, administered
under a state-run insurance program.
Under the new law, employees are
entitled to up to five weeks’ paid family
leave because of the birth of a child, in
order to care for the child, or because of
the placement of a child with the
employee for adoption.
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Bone marrow: Law
applies to all employers
with 20 or more
employees.
Employers with 20 or more
employees in at least one
worksite must provide a
leave of absence to an
employee to donate blood
marrow.
F I V E G U Y S O P E R A T I O N S , LL C – E M P L O Y E E H A N D B O O K
ADDENDUM J - Final Paycheck
State requirements for final paycheck for employee resignation or termination.
State
Main provisions of law
AK
When employers discharge employees, payment is due within three working days of discharge.
AZ
When employees are discharged by the employer, wages must be paid within three working days or the end of the
next regular pay period, whichever is sooner. When employees resign, wages should be paid in the usual manner no
later than the regular payday.
AR
Employers are required to pay, on demand, all wages due within seven days of the date of termination.
CA
If an employee is discharged, all wages earned and unpaid at the time of discharge are due and payable immediately.
The final payment must include an unused, accrued vacation at the employee’s final rate of pay. If an employee
without a written contract for a definite period quits, wages are payable within 72 hours of quitting, but if 72 hours’
notice is given by the employee, payment must be made at quitting time.
CO
The Colorado Wage Claim Act requires that when separation occurs at the volition of the employer, the employer
must pay all unpaid wages immediately.
CT
When employees voluntarily quit, employers must pay the wages in full not later than the next regular payday. When
employers discharge employees, the employers must pay the wages in full not later than the business day next
succeeding the date of discharge.
DE
Employers must pay employees who are discharged or who voluntarily quit on the next regular payday.
DC
In discharges, final paychecks must be provided the next working day unless otherwise agreed to in a collective
bargaining agreement or unless the employee had responsibility for the employer’s money, in which case the
employee may be paid within four days to permit the employer to check the accuracy of accounts. In resignations or
quitting, final paychecks must be provided the earlier of the next regular payday.
FL
No state law.
GA
No law.
HI
When employees are discharged either with or without cause, employers must pay at the time of discharge. When
employees quit or resign, employers must pay no later than the next regular payday.
ID
Employers must pay separated employees on the next regularly scheduled payday or within 10 days of the layoff or
termination, whichever is earlier.
IL
Wages must be paid in full at the time of separation if possible but no later than the next regular payday.
IN
A terminated employee’s final paycheck becomes due and payable at the regular payday. If an employee leaves
employment voluntarily, an employer is not required to pay the employee an amount due the employee until the next
usual and regular day.
IA
Employers must pay employees whose employment has been suspended or terminated no later than the next regular
payday.
KS
Employees must be paid their final paycheck no later than the next regularly scheduled payday.
KY
Employees who voluntarily quit or are discharged must be paid no later than the next normal pay period or in 14 days,
whichever occurs last.
LA
Employees must be paid by the next regular payroll date but not later than 15 days after separation for any reason.
ME
Within a “reasonable time” of the employee’s written demand – either within two
weeks or on the next regularly scheduled payday, whichever is soonest.
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MD
Discharged employees and employees who quit must be paid by the next regular payday.
MA
Employees who are terminated involuntarily must receive their final paychecks on the day of termination.
Employees who leave voluntarily must be issued their final checks on the next regular payday.
MI
Employers must pay all wages earned as soon as the amount can with due diligence be determined.
MN
Employees must be paid at the next regularly scheduled payroll time for voluntary termination.
MO
Wages are due and payable on the day of the termination, and employers are required to pay within seven
days from the date an employee makes a written request for payment.
MT
When employees quit, employers must pay all unpaid wages on the next regular payday.
NC
Employees must be paid all outstanding wages on or before the next payday following termination.
NE
When employers separate employees from the payroll, all unpaid wages become due on the next regular payday
or within two weeks of the termination, whichever comes sooner.
NV
When an employer discharges an employee, the wages and compensation earned and unpaid at the time of
discharge are immediately due and payable. If an employee quits, the wages and compensation due must be paid no
later than the day on which the employee would have regularly been paid or seven days after the employee’s
resignation, whichever is earlier.
NH
Employers who discharge employees must pay all wages owed within 72 hours. Employers must pay in full the
wages of an employee who quits no later than the next regular payday.
NJ
Employees must be paid all wages no later than the regular payday for the pay period.
NM
When employers discharge employees, unpaid wages are due immediately upon demand and must be paid within
five days of discharge.
NY
Employees who are discharged and those who quit must be paid on the next regularly payday or by mail if
requested by the employee.
NC
Employers must pay all outstanding wages on or before the next payday immediately following
termination.
ND
Wages are due and payable at the regular payday.
OH
Employees must be paid by the scheduled payday following the employee’s separation.
OK
Employers must pay wages in full, less offsets, at the next regular designated payday established for the pay
period in which the work was performed.
OR
When employees are discharged or when employment is terminated by mutual agreement, all wages earned and
unpaid are due not later than the end of the first business day after the discharge or termination. When employees
quit giving 48 hours’ or more notice, wages are due on the employee’s last working day.
PA
Final paychecks are due on the next regular payday.
RI
The unpaid wages of a discharged employee become due on the next regular payday.
SC
Employees must receive their final paycheck within 48 hours of separation or the next regularly scheduled
payday. May not exceed 30 days.
SD
Unpaid wages or compensation are due no later than the next regular stated payday.
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TN
Must be paid their final wages in full at the next regular payday.
TX
Employers must pay in full discharged employees not later than the sixth day after the date of discharge. Employers
must pay in full employees who leave employment for reasons other than discharge no later than the next regularly
scheduled payday.
VA
Following termination an employee shall be paid all wages and salaries due for all work performed. Such
payment shall be made on or before the date on which he would have ordinarily been paid for such work.
WI
Employees who quit or who are discharge must be paid in full by no later than the next regular payday or the
date required under Wis. Statute, whichever is earlier.
WV
Discharged employees are paid all waged on or before the next regular payday on which the wages would be
otherwise due and payable, with exceptions based on mutually approved agreement.
UT
When employers discharge employees, unpaid wages must be paid within 24 hours of the separation. When
employees resign, unpaid wages must be paid on the next regular payday.
VT
Employees who leave voluntarily must be paid on the last regular payday or if there is no regular payday, on the
following Friday. Employees who are discharged must be paid within 72 hours.
WY
Employees must be paid any wages due within five working days of the date of termination of employment.
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ADDENDUM K - Store Operations Job Descriptions
The following job descriptions are not intended to be an all-inclusive list of duties and standards of the positions. Incumbents
will follow any other instructions, and perform any other related duties, as assigned by their supervisor, policy and company
management.
It is the policy of Five Guys to provide equal employment opportunity (EEO) to all persons regardless of race, age, color,
national origin, citizenship status, physical or mental disability, race, religion, creed, gender, pregnancy, sex, sexual
orientation, gender identity and/or expression, genetic information, marital status, veteran status, or any other characteristic
protected by federal, state or local law. In addition, Five Guys will provide reasonable accommodations for qualified
individuals with disabilities. Five Guys’ goal is to increase representation of women, people of color, veterans and individuals
with disabilities. Our programs are designed to comply with all applicable federal, state and local laws, and regulations and
cover all human resource actions including employment, compensation, benefits, training, discipline, transfers, and
promotions. Five Guys expressly prohibits any form of workplace harassment based on race, color, religion, gender, sexual
orientation, gender identity or expression, national origin, age, genetic information, disability, or veteran status.
CREW MEMBER
SUMMARY: Crew Members perform essential duties in many different areas within the restaurant, including the cash
register area, grill, dressing station, fry station, lobby and morning prep area, and provide friendly, fast and accurate service
in order to ensure an excellent customer experience.
ESSENTIAL DUTIES AND RESPONSIBILITIES:
• Excels in performing essentials tasks including runner/frontline coordinator, order taker/dining room attendant, grill
operator, sandwich maker, fry station, drinks and cashier.
• Maintains friendly, fast and accurate service, ensures an excellent customer experience, and makes sure all products are
consistent with company standards.
• Ensures the restaurant is up to company standards with regards to cleanliness, neatness, and customer accessibility.
• Works as a team player to support other employees in completing their tasks.
• Completes all other duties.
QUALIFICATIONS GUIDELINES: To perform this job successfully, an individual must be able to perform each essential duty
satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable
accommodations may be made to enable individuals with disabilities to perform the essential functions.
EDUCATION/EXPERIENCE:
• High School diploma or equivalent preferred, candidacy for the same is acceptable.
• 1-2 years of experience in a food service or retail environment is preferred, but not required.
LANGUAGE ABILITY: Good verbal and written communication skills are necessary. The ability to read, write and comprehend
instruction is necessary.
MATH ABILITY: This position requires basic math skills.
COMPUTER SKILLS: Basic computer skills are required in order to operate POS (cash registers) systems.
SUPERVISORY RESPONSIBILITIES: This position has no supervisory responsibilities.
PHYSICAL DEMANDS: This position will require long periods of standing on hard surfaces, occasionally in warm
temperatures. There is also likely to be extensive lifting or supplies and materials and moderate to loud noise. The use of
hands and arms to reach for, grasp and manipulate objects is required. Finger dexterity may be required for cash register use.
There will be constant exposure to hot equipment and oil throughout the work day.
SPECIAL REQUIREMENTS/CERTIFICATION: None
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F I V E G U Y S O P E R A T I O N S , LL C – E M P L O Y E E H A N D B O O K
SHIFT LEADER
SUMMARY: Shift Leaders are trained to perform all of the duties performed by the Crew Members, with additional
responsibility for directing the daily operations of a restaurant in the Restaurant General Manager's and Assistant Manager's
absence, ensuring compliance with company standards in all areas of operation including product preparation and delivery,
customer relations, restaurant maintenance, team management and other duties as required or assigned.
ESSENTIAL DUTIES AND RESPONSIBILITIES:
• Excels in performing all Crew Member tasks including: runner/frontline coordinator, order taker/dining room attendant,
grill operator, sandwich maker, fry station, drinks and cashier.
• Maintains fast accurate service, ensures an excellent customer experience, and makes sure all products are consistent with
company standards.
• Leads Crew Members and directs all daily operations of the restaurant in the absence of both the General and Assistant
Managers including supervising and training employees, opening and closing the store, ensuring all food preparation is
complete, managing employee breaks and shift changes, and completing shift summary reports.
• Makes sure the restaurant is up to company standards with regards to cleanliness, neatness, and customer accessibility.
• Uses the company cash register accurately and maintains proper control of company assets. Makes accurate deposits.
• Works as a team player to support other employees in completing their tasks.
• Motivates and coaches Crew Members, and assists in the training of new Crew Members.
• Offers friendly and expeditious customer service.
• Completes all other duties assigned as necessary.
QUALIFICATIONS GUIDELINES:
To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements
listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to
enable individuals with disabilities to perform the essential functions.
EDUCATION/EXPERIENCE:
• High School diploma or equivalent preferred, candidacy for the same is acceptable.
• 1-2 years of supervisory experience in a food service or retail environment preferred.
LANGUAGE ABILITY: This position requires excellent written, verbal and group communication skills. This position
also requires the ability to read, analyze, create and interpret general business memos and documents.
MATH ABILITY: This position requires basic math skills.
REASONING ABILITY: This position requires strong problem solving and decision-making skills, and the ability to be flexible
and adapt in any situation.
COMPUTER SKILLS: Basic computer skills are required in order to operate POS (cash registers) systems.
SUPERVISORY RESPONSIBILITIES: This position requires occasional supervisory responsibilities in the absence of the General
and Assistant Managers.
PHYSICAL DEMANDS: This position will require long periods of standing on hard surfaces, occasionally in warm
temperatures. There is also likely to be extensive lifting of supplies and materials and moderate to loud noise. The use of
hands and arms to reach for, grasp and manipulate objects is required. Finger dexterity may be required for cash register use.
There will be constant exposure to hot equipment and oil throughout the workday.
SPECIAL REQUIREMENTS/CERTIFICATION: None
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SHIFT MANAGER
SUMMARY: Shift Managers are trained to perform all of the duties performed by the Crew Members and Shift Leaders, with
additional responsibility for directing the daily operations of a restaurant in the Restaurant General Manager's absence,
ensuring compliance with company standards in all areas of operation including product preparation and delivery, customer
relations, restaurant maintenance, team management, inventory management, financial accountability, and other duties as
required or assigned.
ESSENTIAL DUTIES AND RESPONSIBILITIES:
• Leads Crew Members and directs all daily operations of the restaurant in the absence of the General Manager including
supervising and training employees, opening and closing the store, ensuring all food preparation is complete, managing
employee breaks and shift changes, and completing shift summary reports.
• Motivates and coaches Crew Members, and assists in the training of new Crew Members.
• Excels in performing all Crew Member tasks including: runner/frontline coordinator, order taker/ dining room attendant,
grill operator, sandwich maker, fry station, drinks and cashier.
• Works as a team player to support other employees in completing their tasks.
• May assist General Manager in day to day operations with tasks including scheduling, ordering, and team development.
• Ensures that the Occupational Safety and Health Act, local health and safety codes, and company safety and security
policies are followed.
• Ensures the restaurant is in compliance with the preventative maintenance program with regards to facility, equipment,
and grounds maintenance.
• May assist General Manager in recruiting, interviewing, and hiring of Crew Members.
• Maintains fast, accurate and outstanding service, ensures an excellent customer experience, and makes sure all products
are consistent with company standards.
• Completes all other duties as assigned.
QUALIFICATIONS GUIDELINES:
To perform this job successfully, an individual must be able to perform each essential duty satisfactorily. The requirements
listed below are representative of the knowledge, skill, and/or ability required. Reasonable accommodations may be made to
enable individuals with disabilities to perform the essential functions.
EDUCATION/EXPERIENCE:
• High School diploma or equivalent preferred, candidacy for the same is acceptable.
• ServSafe Certification is required.
• 1-2 years of supervisory experience in a food service or retail environment preferred.
LANGUAGE ABILITY: This position requires excellent written, verbal and group communication skills. This position also
requires the ability to read, analyze, create and interpret general business memos and documents.
MATH ABILITY: This position requires basic business math skills.
REASONING ABILITY: This position requires strong problem solving and decision-making skills, and the ability to be flexible
and adapt in any situation.
COMPUTER SKILLS: Basic computer skills are required in order to operate POS (cash registers) systems.
SUPERVISORY RESPONSIBILITIES: This position requires occasional supervisory responsibilities in the absence of the General
and Assistant Managers.
PHYSICAL DEMANDS: This position will require long periods of standing on hard surfaces, occasionally in warm
temperatures. There is also likely to be extensive lifting of supplies and materials and moderate to loud noise. The use of
hands and arms to reach for, grasp and manipulate objects is required. Finger dexterity may be required for cash register use.
There will be constant exposure to hot equipment and oil throughout the work day.
SPECIAL REQUIREMENTS/CERTIFICATION: ServSafe Certification.
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ASSISTANT MANAGER
SUMMARY: The Assistant Manager will have the overall responsibility for directing the daily operations of a restaurant in
the restaurant General Manager's absence, ensuring compliance with company standards in all areas of operation, including
supervision and training of staff, product preparation and delivery, customer relations, restaurant maintenance and repair,
inventory management, team management, recruiting and retention of team members, financial accountability, and ensuring
that the highest quality products and services are delivered to each customer.
ESSENTIAL DUTIES AND RESPONSIBILITIES:
• Leads Crew Members and directs all daily operations of the restaurant in the absence of the General Manager including
supervising and training employees, opening and closing the store, ensuring all food preparation is complete, managing
employee breaks and shift changes, and completing shift summary reports.
• Assists General Manager in recruiting, interviewing, and hiring of Crew Members.
• Motivates and coaches Crew Members, and assists in the training of new Crew Members.
• Assists General Manager in day to day operations with tasks including scheduling, ordering, and team development.
• Ensures that the Occupational Safety and Health Act, local health and safety codes, and company safety and security
policies are followed.
• Ensures the restaurant is in compliance with the preventative maintenance program with regards to facility, equipment,
and grounds maintenance.
• Supports other employees in completing their tasks.
• Maintains fast, accurate service, ensures an excellent customer experience, and ensures that all products are consistent
with company standards.
• Excels in performing all Crew Member tasks including: runner/frontline coordinator, order taker/ dining room attendant,
grill operator, sandwich maker, fry station, drinks and cashier.
• Completes other duties as necessary.
QUALIFICATIONS GUIDELINES: To perform this job successfully, an individual must be able to perform each essential duty
satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable
accommodations may be made to enable individuals with disabilities to perform the essential functions.
EDUCATION/EXPERIENCE:
• High School diploma or equivalent is required.
• 1-2 years of supervisory experience in a food service or retail environment is preferred.
• Proven track record of leadership or managerial skills is preferred.
LANGUAGE ABILITY: This position requires excellent written, verbal and group communication skills. This position also
requires the ability to read, analyze, create and interpret general business memos and documents.
MATH ABILITY: This position requires basic business math skills.
REASONING ABILITY: This position requires strong problem solving and decision-making skills, and the ability to be flexible
and adapt in any situation.
COMPUTER SKILLS: This position requires basic computer and internet skills, including computerized business tools such as
email and learning management systems.
SUPERVISORY RESPONSIBILITIES: This position requires supervisory responsibilities of crew members, shift leaders, and shift
managers.
PHYSICAL DEMANDS: This position will require long periods of standing on hard surfaces, occasionally in warm
temperatures. There is also likely to be extensive lifting of supplies and materials and moderate to loud noise. The use of
hands and arms to reach for, grasp and manipulate objects is required. Finger dexterity may be required for cash register use.
There will be constant exposure to hot equipment and oil throughout the work day.
SPECIAL REQUIREMENTS/CERTIFICATION: ServSafe Certification.
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GENERAL MANAGER
SUMMARY: The Restaurant General Manager leads the operation of the restaurants. The Restaurant General Manager has
the overall responsibility for directing the daily operations of the restaurant, ensuring compliance with company standards in
all areas of operation, including product preparation and delivery, customer relations, restaurant maintenance and repair,
inventory management, team management, recruiting, hiring, termination and retention of team members, financial
accountability, and ensuring that the highest quality products and services are delivered to each customer.
ESSENTIAL DUTIES AND RESPONSIBILITIES:
• Controls day-to-day operations by scheduling, ordering, and developing the restaurant team members.
• Controls profit & loss, by following cash control/security procedures, maintaining inventory, managing labor, reviewing
financial reports, and taking appropriate actions.
• Recruits, interviews, and hires team members, conducts performance appraisals, takes disciplinary action, motivates and
trains.
• Has authority to hire and terminate (or participate in those decisions) with approval/partnership from Human Resources.
• Ensures that the Occupational Safety and Health Act, local health and safety codes, as well as the company safety and
security policies are being adhered to.
• Ensures that the restaurant is in compliance with the preventative maintenance program with regards to facility,
equipment, and grounds maintenance.
• Ensures a safe working and customer experience environment by facilitating safe work behaviors of the team.
• Maintains fast, accurate service, positive guest relations, and ensures products are consistent with company quality
standards.
• Ensures food quality and 100% customer satisfaction.
• Ensures complete and timely execution of corporate & local marketing programs.
QUALIFICATIONS GUIDELINES: To perform this job successfully, an individual must be able to perform each essential duty
satisfactorily. The requirements listed below are representative of the knowledge, skill, and/or ability required. Reasonable
accommodations may be made to enable individuals with disabilities to perform the essential functions.
EDUCATION/EXPERIENCE:
• High School diploma or equivalent is required.
• 2 – 4 years of supervisory experience in a food service or retail environment is required.
• Proven track record of leadership and managerial skills while providing exceptional customer service is required.
LANGUAGE ABILITY: This position requires excellent written, verbal and group communication skills. This position also
requires the ability to read, analyze, create and interpret general business memos and documents.
MATH ABILITY: This position requires excellent business math skills.
REASONING ABILITY: This position requires strong problem solving and decision-making skills, and the ability to be flexible
and adapt in any situation.
COMPUTER SKILLS: Good computer skills required. Must be proficient with the use of internet and be able to utilize
computerized business tools such as email, learning management systems, and memo software. Must be proficient in Word,
Excel, PowerPoint, and other appropriate software.
SUPERVISORY RESPONSIBILITIES: This position requires supervisory responsibilities of crew members, shift leaders, and shift
managers.
PHYSICAL DEMANDS: This position will require long periods of standing on hard surfaces, occasionally in warm
temperatures. There is also likely to be extensive lifting of supplies and materials and moderate to loud noise. The use of
hands and arms to reach for, grasp and manipulate objects is required. Finger dexterity may be required for cash register use.
There will be constant exposure to hot equipment and oil throughout the work day.
SPECIAL REQUIREMENTS/CERTIFICATION: ServSafe Certification.
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ARBITRATION AGREEMENT
Employee and Five Guys agree that if any dispute arises from Employee’s application or candidacy for employment, employment and/or
cessation of employment with Company, it will be submitted to final and binding arbitration. Except for workers’ compensation and
unemployment insurance claims, matters under the National Labor Relations Act, and administrative proceedings or claims before the Equal
Employment Opportunity Commission, any similar state agency, or the administrative proceedings before a state labor agency or department,
the term “dispute” includes every kind or type of claim or controversy, but not limited to, any allegation of failure to pay wages owed,
wrongful discharge, discrimination, or any injury to Employee’s physical, mental or economic interests not covered by workers’
compensation. This means that a neutral arbitrator, rather than a court or jury, will decide the dispute. Except as provided below, the
procedure for arbitration will be based on the rules for the resolution of employment disputes of the American Arbitration Association, and
pursuant to the Federal Arbitration Act (9 USC §1 et seq.):
1.
The applicable statute of limitations of applicable state or federal law shall apply to any dispute arising between the parties.
2.
The arbitrator may award any remedies that are provided for by law and may authorize appropriate prehearing discovery. The
decision of the arbitrator shall be final and binding, and any court having jurisdiction may enter judgment upon the arbitrator's
award. The arbitrator will render a written decision, which is subject to review as provided for by law.
3.
The Company will pay the arbitrator’s fees and the cost of the facilities for the arbitration. Filing fees and reporter fees shall be
split by the parties unless such fees would exceed normal court fees. In such cases, the Company shall, in addition to its own one
half of the fees, pay the difference between what the employee would have paid in court as a filing fee or reporter fee and one half
of the actual amount of those fees.
4.
Arbitration shall proceed solely on an individual basis without the right for any Claims to be arbitrated on a class action basis or on
bases involving claims brought in a purported representative capacity on behalf of others, including , without limitation, claims,
demands, or actions under the Fair Labor Standards Act of 1938 and any other federal, state, or local statute, regulation, or
common law doctrine regarding employment, employment discrimination, the terms and conditions of employment, termination
of employment, compensation, breach of contract, defamation, retaliation and whistle-blowing,. The arbitrator's authority to
resolve and make written awards is limited to Claims between you and us alone. Claims may not be joined or consolidated unless
agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any
dispute with anyone who is not a named party to the arbitration.
By signing below, Employee acknowledges that he or she has carefully read the above provisions relating to the resolution of any and all
disputes or controversies through arbitration that arise out of Employee’s employment with Company. Company and Employee agree that
any controversy or claim concerning Employee’s employment with Company other than claims for Workers’ Compensation and
unemployment insurance claims, matters under the National Labor Relations Act, and administrative proceedings or claims before the Equal
Employment Opportunity Commission, any similar state agency, or the administrative proceedings before a state labor agency or department
will be resolved by binding arbitration in conformance with the above provisions. Employee further agrees that by signing this agreement,
he or she is giving up the right to a court or jury trial of any and all disputes and will arbitrate all disputes in accordance with the provisions
in this agreement.
Employee Print Full Name
Date
Employee Signature
Date
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ACKNOWLEDGMENT OF RECEIPT
I have received the Employee Handbook of Five Guys. I understand that the purpose of the Handbook serves as a
guideline for the employment relationship between Employees and the Company. I understand that I must review and
thoroughly understand all policies and procedures of the Company, which provides guidance and expectations for me.
I understand that the Handbook reflects the policies and procedures in effect this date may be changed by Five Guys
from time to time, and that it does not create any expressed or implied contractual rights with the exception of the
Arbitration Agreement, which is subject to its own terms and conditions. I further understand that I am employed on
an “at-will” basis and I understand the meaning that I have a right to terminate my employment at any time for any
reason, or no reason at all, with notice or without notice, and Five Guys reserves the right to do the same in reference
to terminating my employment. Any employment agreement from those who have the authority to make such an
agreement shall not be enforceable unless it is in writing and signed by all parties to the agreement.
I understand that it is my responsibility to read the entire contents of the Handbook and stay current with future
Company Policies and to follow the policies to the best of my abilities. I agree to promptly read the Handbook and to
ask my supervisor any questions that I may have about it.
Employee Signature
Date
Typed or Printed Name
Date
Please sign this form and return it to the
Human Resources Department.
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