TEAM MEMBER HANDBOOK Revised August 2017 Levy I Compass Group USA a family of passionate restauranteurs
Dear Team Member,
Welcome to Levy Restaurants! We are thrilled that you have chosen to join the Levy family, and we look forward to a long relationship with you.
To help ensure a seamless transition into the Levy family, please carefully review this handbook. The handbook is broken into two sections. First you will find the portion of the handbook that is specific to our Levy sector, which, among other things, covers issues specific to Levy’s history, training opportunities, Company culture, and requirements unique to Levy’s operations. Second you will find the portion of the handbook that applies to all of the sectors operated by our parent company Compass Group USA, which includes things like our EEO policy, benefits, and other governing policies that are applicable to both Levy and the other foodservice sectors that are administered by Compass. Both sections of the handbook are equally important, so please be sure to familiarize yourself with the entire handbook before completing the acknowledgement form included at the end of the handbook.
If you have any questions about the handbook or our policies, please feel free to reach out to anyone on our HR team. We are here to assist you and ensure that you have a great start to your career at Levy!
Again, Welcome!
Cindy Noble Executive Vice President of Human Resources LEVY RESTAURANTS HANDBOOK SUPPLEMENT
“We live each day with the same values of the family company born with D.B. Kaplan’s Deli in 1978.” – Andy Lansing
WE ARE THRILLED YOU HAVE JOINED OUR FAMILY OF PASSIONATE RESTAURATEURS!
For decades, Levy Restaurants has been redefining the food experience at the best restaurants, sport venues, and entertainment arenas around the world. As part of our team, you will deliver “The Levy Difference” to every one of our guests. This is the very core of who we are, what defines and distinguishes our Company today, and what will continue to keep it strong tomorrow.
We are fanatical about creating a genuine, family-oriented culture, where you will find a career home and a kindred sense of belonging. We are a Company of nice, passionate people; if you are nice and have the passion for our business, I promise you that you will find great success at Levy.
We love what we do, and it shows. Passion has fueled our phenomenal and unprecedented growth from the very beginning. Today, we create memorable dining experiences at restaurants, stadiums, arenas, convention centers, zoos, racetracks, ski resorts, colleges, golf tournaments, concert venues, event spaces, and practice facilities in every major market in the country. We deliver dining at its best wherever we are.
While we know that we may not be one hundred percent better than our competition, we do know that we can be one percent better a thousand different ways and that is the essence of our success.
A career at Levy is not just a job – it’s part of creating unforgettable moments every day that our guests will hold onto for a lifetime. We look forward to working with you to achieve tremendous success in meeting and exceeding your goals and dreams at Levy Restaurants.
Andy Lansing President & CEO
We are thrilled you have joined our family of passionate restaurateurs! LEVY RESTAURANTS HANDBOOK SUPPLEMENT TABLE OF CONTENTS FAMILY OF PASSIONATE RESTAURATEURS “The Partner Difference”...... 1 “The Levy Difference”...... 2 Our Levy Values...... 3 WOCAAT-How We Deliver “The Levy Difference” ...... 4 Our Heritage...... 5 Levy Cares...... 7 General Information...... 8 LEARNING Creating Legends...... 9 Keys to the Future (Hourly Team Members)...... 10 Management & Chef Development Programs (Salaried Team Members) ...... 10 Guest Connect Hospitality...... 11 Service Recovery...... 12 RECOGNITION Levy Legend Program...... 13 Dream Team...... 13 Centers for Excellence ...... 14 President’s Trip...... 14 COMPENSATION Tip Reporting...... 15 Work Schedules ...... 15 On-Call Procedure...... 15 BENEFITS Time Off and Vacation...... 16 Levy Classified Program...... 19 CONDUCT Personal Appearance...... 20 Business Conduct Policy...... 22 Fraternization Policy ...... 24 Creative Work Product Policy...... 24 Work Authorization ...... 25 RESPONSIBILITY Responsible Alcohol Service...... 26 SAFETY General Guidelines...... 29 Cut-Resistant Gloves...... 29 Sanitation ...... 29 Guests With Allergies...... 31 Injuries to Team Members ...... 31 Injuries to Guests...... 31 Fire Safety ...... 32 Robberies...... 32 Locks and Lockers ...... 32 Purses, Backpacks, and Parcels...... 32 Alcohol and Drugs ...... 32 General Security ...... 33 COMMUNICATION Bulletin Boards...... 34 Meetings...... 34 Media Policy...... 34 SUMMARY Summary...... 35 FAMILY OF PASSIONATE RESTAURATEURS
The Partner Difference is about truly recognizing what is important to each partner. It is not about what is important solely to us, or doing it our way. Once we understand what is important to our partners, we can have a meaningful relationship because we are addressing what is motivating them. You know you have been successful at delivering the Partner Difference when it is obvious to our client that if Levy were no longer at the location, it would be detrimental to their business. The Partner Difference is about having a complete and full understanding of the motivations, goals, and objectives of our partners and their key stakeholders. The Partner Difference starts with a clear understanding of “What is Important to Them” – each partner in the organization may have different criteria and it is important to know the differences as well as understand the Critical Business Issues of the entire organization.
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a family of passionate restauranteurs
T HE L EVY D IFFERENCE As a family of passionate restaurateurs, we live “ e Levy Di erence” by creating great restaurant experiences wherever our innovative approach might take us.
FAMILY PASSIONATE RESTAURATEURS •Nice people •Love what we do •True proprietors •Relationships built on •Innovative thinkers •It’s about the food integrity, respect •Remarkable will and the thousand and trust to win details that surrond it •Fun-spirited, •Fire in the belly •Heartfelt hospitality hardworking •Contagious •Strong sense •Sense of belonging enthusiasm of pride •Quick to share •WOCAAT a smile and a laugh
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OUR LEVY VALUES
As you know, the three Levy Restaurants values that guide everything we do are family, passionate, and restaurateur. While these words can mean different things to different people, here is what they mean to us:
Family Nice People Relationships built on integrity, respect, and trust Fun-spirited, hardworking Sense of belonging Quick to share a smile and a laugh
Passionate Love what we do Innovative thinkers Remarkable will to win Fire in the belly Contagious enthusiasm
Restaurateurs True proprietors It’s about the food, and the thousand details that surround it Heartfelt hospitality Strong sense of pride WOCAAT – Winning One Customer At A Time
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WOCAAT HOW WE DELIVER “THE LEVY DIFFERENCE”
One of our most important and distinguishing elements of our restaurateur value is
a family of passionate restauranteurs WOCAAT, or Winning One Customer At A Time.
WOCAAT has been our guest service philosophy since the day the Company was founded in 1978. It will shape your interaction with Team Members (our internal customers) and guests (our external customers). It is a very important part of the foundation of our Company, and for all of our training programs and guidelines.
Our WOCAAT way of thinking is built on a very simple principle, the Inverted Pyramid. The Inverted GUESTS Pyramid shows that we believe the most valued people in our business are our guests. We place them
TEAM MEMBERS at the “top of our pyramid.” The most valued individuals in our Company are the Team Members who have the most direct impact on our guests. This is the largest group of individuals on the Levy MANAGEMENT team, and they represent our servers, our server assistants, our cooks, our hosts and hostesses, our HOME OFFICE suite attendants, our concession stand workers – the people who truly shape the guest experience at our Levy locations. Managers and the Home Office provide the support, direction, and resources you will need to provide this heartfelt hospitality and commitment to our guests.
HERE IS WHAT WOCAAT MEANS TO US: First, we focus on our Team Members. We strive to provide each one of you with a challenging, entrepreneurial home and a sense of belonging that will help you grow at Levy Restaurants. We treat you with respect and encourage you to act with integrity. We welcome your ideas on how to best serve our guests and empower you to act on those ideas.
By taking care of our internal customers in this way, we know that each of you will take care of our external customers. We train and encourage each family member to develop the mindset of a guest-focused restaurateur. We are a company intensely focused on being true proprietors and creating memorable food and experiences for all of our customers. We believe in inspiring you to do all that you can to connect with each and every customer – in a way that inspires them to come back again and again.
All of this means that we are committed to Winning One Customer At A Time.
INNOVATIVE THINKERS SAY, “YES IS THE ANSWER.” Levy’s approach to award-winning hospitality has always included going out of our way to accommodate our guests’ special requests. As restaurateurs, we never forget the value of each guest and how important it is to continuously focus on what they need, and anticipate what might make their overall experience more enjoyable. You will always be successful in making your guests feel special if you remember the following:
Our Guests: ...are our number one priority. We are guest-focused. ...should feel like guests in our home. ...come for the food, but stay for the overall experience. Think about the thousand details that will make each guest’s experience memorable. ...are people with feelings, needs, and expectations who deserve to be treated with respect.
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...pay our salaries and enhance our experience and knowledge. Without the customer, there would be no business; and ...deserve the most courteous attention we can give. They are the lifeblood of what we do!
You are one of the most important elements of our guests’ experience, and you will be the reason many choose to visit us again and again. Think of yourself as an ambassador of our Company and its values. You were chosen to join Levy Restaurants because we feel that you have the important qualities needed to be successful at Winning One Customer At A Time.
OUR HERITAGE HOW DID LEVY RESTAURANTS GET STARTED? It truly is all about FAMILY at Levy Restaurants. We began as two brothers, their mom, a deli and a passion for making our restaurant guests feel like guests in our home, delivering memorable experiences with heartfelt hospitality and impeccable food. These values are just as vital today, as our family has grown.
In 1978, Larry Levy and his brother, Mark, expanded beyond their real estate and insurance roots by investing in D.B. Kaplan’s Delicatessen in Chicago’s Water Tower Place. Six months later, the restaurant wasn’t performing to their high expectations – so with pride on the line, they rolled up their sleeves, brought in their mother, Eadie, to help with authentic family recipes and jumped in as day-to-day restaurateurs. Levy Restaurants was born.
They quickly discovered that they loved creating amazing food and delivering a truly memorable experience to every guest. They pursued their passion and learned about the many details – from heartfelt hospitality and impeccable food to perfecting everything the guest smells, sees, hears, tastes and touches – that create a memorable dining experience. Inspired by their roles as true proprietors of D.B. Kaplan’s, they defined what is known today as “The Levy Difference,” the sustaining and distinguishing vision that guides the Company: As a family of passionate restaurateurs, we live “The Levy Difference” by creating great restaurant experiences wherever our innovative approach might take us.
Since its entrepreneurial founding, the Company has grown from delivering “The Levy Difference” at a single delicatessen in Chicago to an industry-leading food organization with an incredibly diverse portfolio that includes restaurants, sports stadiums, arenas, convention centers, zoos, racetracks, music festivals and more.
OUR RESTAURATEUR APPROACH We are restaurateurs fueled by strategic creativity, and we obsess about the thousand details that surround the food...the environment, uniforms, menu boards, packaging, visuals, identities...every single point the guest encounters.
We are proud to be the only foodservice provider in the industry that brings a restaurant-quality dining expertise to every table. Our award-winning restaurants provide the foundation of our innovative approach to dining and service in our sports and entertainment venues. We were pioneers in this space and continue to think and operate that way, always striving to deliver more value and better results in conjunction with our partners.
In 1984, we opened Spiaggia, one of America’s original fine-dining Italian restaurants that still boasts four stars under the guidance of James Beard and Michelin Guide-recognized and Top Chef Masters contestant Chef Tony Mantuano. In 1989, we were honored to be selected by the Walt Disney Company as the first company to create, own, and operate restaurants at Walt Disney World® Resort in Orlando.
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INVENTING SPORTS AND ENTERTAINMENT DINING Built on our strong restaurant roots, Levy Restaurants is proud to be the market leader in delivering signature food and hospitality to luxury suites, private clubs, in-seat service, mini restaurants, general concessions and private event catering in partnership with every major professional sports league.
In 1982, we pioneered the concept of fine dining in stadiums and arenas by catering Chicago’s first sky boxes at the old Comiskey Park (home of the Chicago White Sox). In 1985, we expanded into Wrigley Field (home of the Chicago Cubs), and in 1994, we grew beyond our hometown of Chicago. Since then, we have grown internationally, with premier sporting venues across North America – from Los Angeles to New York, Miami to Montreal – and in the United Kingdom.
Our culinary team has catered some of the most high-profile events in the world, including the Super Bowl, the U.S. Open, the NBA and NHL All-Star Games, the Final Four, the World Series, the Grammy Awards and the most exciting two minutes in sports, the Kentucky Derby.
We have also delivered our premium dining services to some of the nation’s largest racetracks, including Charlotte Motor Speedway and Texas Motor Speedway. Levy caters some of the largest convention centers in North America, such as Georgia World Congress Center in Atlanta, Boston Convention and Exhibition Center and David L. Lawrence Convention Center in Pittsburgh, the first “green” convention center. Additional partners include: American Airlines Arena in Miami, Philips Arena in Atlanta, Ford Field in Detroit, STAPLES Center and Dodger Stadium in Los Angeles, the Ohio State University, and over 150 additional locations.
PASSION AND INNOVATION With an emphasis on innovation and creativity, we consistently push ourselves to deliver more and find new ways to wow our guests. We are passionate about food, hospitality, and creating unforgettable experiences for our guests.
This passion to innovate and exceed expectations is what drove Levy to serve lobster tail at a White Sox game at Comiskey Park over 30 years ago, forever changing the food game for sports fans everywhere. Our restaurant roots and experience give us a strong foundation to draw from. We are innovative in every aspect of our operations and truly deliver “The Levy Difference” through our creativity and willingness to think and act beyond what’s expected of us.
This passion for delivering successful events, both big and small, has been recognized by Fast Company magazine, where Levy was named one of the 10 most innovative companies in sports, along with companies like Nike, Speedo, AEG, ESPN, HOK Sport, NHL.com and more.
Our Strategy & Creative Group keeps us on the cutting edge of the industry. A team of creative thinkers, the group delivers new and exciting ways to wow our guests. They are focused on enhancing the guest experience and embracing the latest trends in service and food and beverage. The Innovations Lab at our Home Office is a bustling epicenter of culinary creations that we deliver to our locations that incorporate bold flavors, regional touches and fresh ingredients. E15 provides cutting edge insights through analytics that allow us to understand our guests at a deeper and more meaningful level than ever before.
Our passion even extends beyond our workplaces. We open our hearts and share smiles through Levy Cares, our signature community outreach program that aims to assist children and families and the homeless and hungry across the country. We support the programs and causes that are near and dear to our partners as well.
We have a proud history, a bright future and partners that we are excited to work with each day. Our passion for delivering an incredible guest experience is what consumes us and we partner with organizations that share that passion for making memories and welcoming guests like family.
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LEVY CARES COMMITMENT TO OUR COMMUNITIES
THE LEVY CARES MISSION AND OUR AREAS OF SUPPORT
As the unifying program for all of our charitable and community outreach, Levy Cares truly is the heart and soul of our organization. Nationwide, Levy Cares supports our neighbors by providing food, hospitality services and volunteer time to community partners. Each year, hundreds of Team Members around the country roll up their shirt sleeves and donate their supplies, time and enthusiasm to spread the Levy signature warmth and hospitality beyond the restaurants and stadiums to the communities we share. Each Levy location throughout the country creates a Levy Cares program tailored to the needs of their community. At our sports and entertainment locations, we often partner with our professional sports teams to support charitable causes together.
To maximize our efforts and create a lasting legacy, Levy Cares focuses on two core social causes:
1. The Fight Against Hunger As a food Company, we naturally support organizations that feed the hungry in our communities. Find a partner in your community and share with your neighbors today! • Food banks, community kitchens, etc. • Homeless shelters and social service centers
2. Support for Children and Families There’s nothing more important than family! Supporting our communities is as easy as sharing the gift of our time with organizations that nurture kids and families. • Children’s hospitals, community centers • Boys and Girls Clubs or similar mentoring, tutoring programs, etc • Letters to Santa and Adopt-a-Family programs
To be considered Levy Cares events, efforts must support one of these areas. Events outside these categories are not considered Levy Cares and shouldn’t be branded as such.
As our Levy Restaurants family has grown over the Company’s rich history, so has our ability to make a difference. Our key charitable partners are Feeding America, The Make-A-Wish Foundation and Ronald McDonald House Charities.
The entire company, from President and CEO Andy Lansing to hourly Team Members, believes in the guiding motto, “a smile is nothing until it is given away.” Together, the Levy Cares teams have championed many truly heartfelt projects.
The Shared Smiles Award recognizes those Levy Cares teams that make a difference in their communities. Awards are presented at quarterly Update Meetings, and one location is selected as the overall winner of the Shared Smiles Award at the end of each calendar year. The Shared Smiles nomination form is available on LevySource.
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GENERAL INFORMATION
Our Home Office is located at: 980 North Michigan Avenue, Suites 240, 400, 500, and 510 Chicago, Illinois 60611.
Our main telephone number is (312) 664-8200.
Our main fax number is (312) 280-2739.
Our website can be accessed at www.levyrestaurants.com
8 Levy Restaurants – A Family of Passionate Restaurateurs Revised August 2017 LEARNING
ENGAGE…LEAD…LEARN We are extremely passionate about developing our team and are deeply committed to the leadership growth of each person. We believe that a culture of learning does not only promote excitement and engagement, but consistently challenges us to a higher performance living “The Levy Difference” daily.
Our learning programs are designed to expose our Team Members to the best of our Levy culture, training experiences, and leadership development. Whether you are joining us as a suite runner at Chase Field or as a manager at Jake Melnick’s Corner Tap, we are committed to spending the time and resources to help you learn your role for the best success.
The following is an overview of the key learning and development opportunities, based on position, that are offered to our Team Members: • Creating Legends – our Company orientation program • Legendary Beginnings – for all Salaried Management Team Members • Keys to the Future – for all eligible Hourly Team Members • GUEST Connect – hospitality standards and culture • Management Academy – for all Salaried Management Team Members • Top Gun – for senior Salaried Management Team Members and culinary leaders • Levy Masters Program – senior business leader multi-unit training
For more information on the many learning and development programs available to you, please see your General Manager/Director of Operations or Human Resources representative.
WHEN YOU FIRST JOIN US — CREATING LEGENDS Our new Team Members participate in our orientation program, called Creating Legends. Why do we call it Creating Legends? We want to empower you, give you the tools, and provide you with opportunities to be recognized for your contributions to the Company through our Levy Legend program.
Throughout this program, you will learn about our Company and the vision and values that help make Levy Restaurants a career home for you. We will also talk about the details of your position, our learning and development programs, the benefits we offer to our family members, and the standards/guidelines we’ve established to help you succeed as part of our team.
You’ll be hearing a lot of information for the first time, and we want you to have an understanding of exactly what it means to be part of our family, how you will develop with us, and the meaning of a Levy commitment. So we encourage you to ask any questions you might have!
All necessary paperwork will be completed at this time, such as appropriate federal, state, and local tax forms. In addition, you will be required to present the Company with information establishing your identity and your eligibility to work in the United States in accordance with applicable federal law and as described in the Work Authorization section.
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OPPORTUNITIES FOR HOURLY TEAM MEMBERS The Keys to the Future program is Levy’s premier developmental program for Hourly Team Members whose long-term career goal is to become a manager or chef at Levy Restaurants. Keys to the Future participants are carefully selected to ensure that they possess the commitment to family culture, passion, and a restaurateur mindset required to successfully live “The Levy Difference” and grow with our Company.
The Keys to the Future program is 27 weeks of mentor-based training. The training program is divided into three major sections: • Front of the house • Back of the house • Administration
HERE’S AN EXAMPLE OF HOW THE PROGRAM WORKS: The selected “Keys” participant spends one day a week working in a different position, other than his or her normal job assignment. That one day a week may be spent in the participant’s job location or may be spent at another location. At the end of each week, the mentor meets with the “Keys” participant to evaluate the week’s training and answer any questions.
At the end of the program, there is a graduation celebration, where all the participants receive diplomas and a Keys to the Future pin in recognition of their accomplishments. The goal for the program is to create the opportunity for all of these graduates to go on to pursue their passion and become managers and chefs with us.
OPPORTUNITIES FOR SALARIED MANAGEMENT TEAM MEMBERS Our phenomenal success and growth have been the direct result of the combined efforts of a talented team of leaders who have successfully delivered “The Levy Difference,” wherever we have chosen to take it. Many of those leaders have grown up with the Company. Because we are Levy Restaurants, we will always have a passion for creating great restaurant experiences and for growing our Company. Our ability to grow depends on the continued personal and professional development of leaders.
For those of you who have been hired as a Levy Restaurants manager, you have demonstrated a desire to lead and the qualities to succeed in our family of passionate restaurateurs. To fuel your growth and the future success of Levy Restaurants, we are committed to developing your leadership talents and business skills through a series of programs, unique to our Company.
Specifically, you may have the opportunity to participate in unique Levy programs like Legendary Beginnings, Management Academy, Top Gun, and Levy Masters Program. All of these programs are designed to further enhance your operational and culinary expertise, help you explore new approaches to living “The Levy Difference” through hospitality toward guests and Team Members, and enable your development of critical leadership and management skills. Our interactive approach of hands-on learning, round-table discussions, and mentoring relationships will provide you with the background, education, interaction, and inspiration to take your leadership to the next level.
It is the mission of Levy Restaurants to provide you with all of the necessary skills and materials that you will need to become the best leader you can be. These programs will start you on your journey. Our commitment to your continuous growth will instill in you the confidence necessary to take on challenges beyond the scope of what you could imagine today. We are excited about the opportunity to help you achieve all of this and more!
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GUEST CONNECT HOSPITALITY Levy GUEST Connect aligns all aspects of the event experience to unify service excellence and enrich guest loyalty. With the expertise of our Connection Coaches, custom tools, and resources, we are able to define clear hospitality roadmaps that help improve team synergy and overall engagement. This holistic approach is not a training program, but a long- lasting service culture that inspires memorable guest experiences with every interaction. Greet • Acknowledge, smile and make eye contact • Be attentive; notice guests arrival; personalize greetings with a friendly tone • Stand with appropriate and approachable body language • Have a neat and clear appearance • Have a positive attitude with each guest Understand • Think about each guest’s unique needs and desires • Tailor your interactions to each guest • Remember guest preferences • Find ways to personalize each guest’s experience • Be prepared to speak knowledgeably about menu items and specials with a sense of pride • Ensure that each guest order is correct, complete and fresh Exceed • Go the extra step and create a “Wow” for each guest • Build relationships with guests • Use the guest’s name whenever possible • Use your interactions with guests to enhance their experience • Take initiative to help guests and fellow Team Members • Make sure that children are given special attention Support • Ask “Is there anything else I can do for you?” • Remain positive when dealing with difficult or upset guests • Take ownership of guest issues and fix them right away • Be able to offer choices and alternatives for guests Thank • Thank all guests and invite them back • Make guests feel that their business is appreciated • Invite guests back for upcoming special events or their personal milestones
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SERVICE RECOVERY
In situations of guest concerns, make sure to ACT!
Apologize for not meeting expectations • Acknowledge the concern or issue immediately • Always demonstrate courtesy and compassion when responding to a guest’s problem • Allow customers to fully explain their concern or issue without taking it personally and listen to their details • Refrain from making excuses or blaming other Team Members when apologizing
Correct the service issue • You are empowered and expected to solve the guest’s issue • Involve any Team Members that can help you correct the issue • Speed is critical to recovery and satisfying the guest
Thank • Tell the guest that you appreciate them sharing their concern • Take further steps to ensure you have corrected the situation • Think about what caused the issue and how to prevent it from happening again with other guests
Think about what else YOU can do to Win One Customer At A Time and deliver “The Levy Difference” to Everyone, Everyday, Everywhere.
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LEVY LEGEND PROGRAM “Nothing great in the world has ever been accomplished without passion.” – G.W. F. Hegel
“The Levy Difference” takes many forms. It is a team of individuals who relate to each other as family. It is an unparalleled passion for the experiences that we create for our guests. It is an entrepreneurial approach to our business that reflects ownership, innovation, and the true spirit of a restaurateur.
The Levy Legend program recognizes, rewards, and further inspires singularly spectacular acts that forever service as concrete examples of what it means to live “The Levy Difference” throughout our operations. The act enhances the internal or external guest experience (Winning One Customer At A Time) or otherwise improves upon the Levy Restaurants commitment to excellence.
Most notably, Levy Legends are selected by their peers in recognition of a single, memorable act that distinguishes them as legendary in the eyes of the Company. This could be something as genuine and simple as going out of one’s way to meet the special needs of a guest, or something as strategic as proposing a new, more attractive method of displaying a product. Whatever the action, it is a story that rises above generally commendable performance, attitude, attendance, or work ethic, and is deemed worthy of Levy Legend status.
HERE’S HOW THE PROGRAM WORKS: • We have a Levy Legend program for hourly, management, and Home Office Team Members. • All nominees may receive a special bonus, a letter, and a Levy Legend pin. • Each month, one or more hourly Levy Legends may be selected for Company recognition. Each quarter, one or more management and/or Home Office Team Members may be selected for Company recognition. • Each winner may receive a Levy Legend watch and an additional monetary bonus. • The winners are individually recognized at our Company’s quarterly Update Meeting and have their pictures taken with Andy. • The photographs hang in the winners’ locations.
AT THE END OF THE YEAR: • One of the monthly hourly Team Members and one of the quarterly management and Home Office Team Members are selected as the Levy Legends of the Year for the entire Company. • In addition to the recognition described above, the Levy Legend of the Year winners may receive award money, a trip for their families to Walt Disney World Resort, and a trip to the Compass Group annual Be-A-star Banquet.
DREAM TEAM Each day as we live “The Levy Difference,” we reach up for the stars, to fulfill our dreams and the dreams of our guests. Each year, we reward seven Team Members who perform hands above the rest and deliver stellar service to our guests and our Levy family.
It takes a team of seven Levy Team Members to pull together our Dream Team:
1. Director of Operations/General Manager of the Year 2. Chef of the Year 3. Impact Player of the Year (outstanding contributor in operations)
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4. Resource Player of the Year (Home Office support) 5. Coach of the Year (for Team Member development) 6. Ambassador of Diversity & Inclusion 7. Champion of the Partner Difference
We are a family of passionate restaurateurs and, as such, we know our Team Members have strong desires, wishes, and hopes. To match our winners’ passionate drive to excel, the Dream Team offers exciting to exotic to epicurean prizes for our winners to choose from. In addition, All Dream Team winners are invited to the Compass Group annual Be-A-star Banquet, where they’ll be recognized among the best of the best.
CENTERS FOR EXCELLENCE The Centers for Excellence (CFE) award is in place to honor the Levy Restaurants properties that exemplify the Levy Difference in all aspects of their operations. To qualify, a Levy Restaurants property is evaluated on its consistent delivery of the Levy Difference through both quantitative and qualitative efforts in categories related to the core values of Family, Passionate, and Restaurateur.
PRESIDENT’S TRIP President’s trip is an award given to our top location operators who meet their financial and strategic goals for the given fiscal year. The participants are mainly the Director of Operations/General Manager, Executive Chef and Regional Operations who qualify. The trip is an opportunity to celebrate their successes and an opportunity for the participants to enjoy a leisure experience with an invited guest of their choosing.
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TIP REPORTING The Internal Revenue Service requires all Team Members who receive tips to report such amounts received to the Company, so that the tips can be added to the Team Member’s wages and taxed appropriately. You are required by law to declare one hundred percent (100%) of your tips. Federal law requires that we maintain accurate records concerning tips received by our Team Members. Levy Restaurants complies with a program called Tip Reporting Alternative Commitment (“TRAC”). You must comply with TRAC by reporting all of your credit card and cash tips. Salaried Management Team Members should never accept tips from guests. In addition, no Team Member should ever solicit tips from a guest.
WORK SCHEDULES Our locations utilize various scheduling methods. Typically, work schedules are prepared on a predetermined weekly basis that satisfies both the staffing requirements and your need to have advance notice of the times that you are expected to work.
It is your responsibility to fulfill the posted schedule. If you need time off, you must follow your location’s specific requirements, if any, and contact your manager before the work schedule is posted for your request to be considered. Remember, even in an emergency, you must contact your manager if your absence conflicts with your work schedule.
ON-CALL PROCEDURE Some locations designate Team Members as on-call for shift duty. If scheduled for on-call, you must be aware of the shifts in your location so that you can call in at the appropriate times to determine whether it will be necessary for you to come to work to satisfy available openings. Levy will comply with all state, federal, and local laws regarding on-call shifts.
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TIME OFF FOR SALARIED TEAM MEMBERS To foster our core values, which include having a workplace environment based on Team Member responsibility and performance, there is no set minimum or maximum amount of routine time off that can be taken per year for salaried Team Members. With supervisor approval, eligible Salaried Team Members may take time off for purposes such as relaxation, travel, vacation, personal business, and short term illness/injury, as is needed by the salaried Team Member and consistent with the Flexible Time Off Plan and the Team Member’s professional obligations to the Company. Such time off will be approved and tracked by supervisors. For a listing of absences that are not covered by routine time off, refer to the Excluded Absences section below.
Effective October 1, 2016, the Flexible Time Off Plan replaces all previous Levy Restaurants Vacation and Sick/Floating days policies as they relate to salaried Team Members covered by the new Flexible Time Off Plan.
The Flexible Time Off Plan does not replace state or municipality required Paid Sick Leave Policies that are in place in various Levy Restaurants locations. Some states or municipalities have laws in place that require that all Team Members receive paid sick time each year that can be used for the various reasons set forth in the specific Levy Restaurants Paid Sick Leave Policies in effect at those locations. Those Paid Sick Leave Policies still apply to Team Members covered by the Flexible Time Off Plan, which supplements those Paid Sick Leave Policies. Please notify Human Resources if you are taking time off for any of the reasons specified in your Paid Sick Leave Policy, if applicable, so that this time off may be tracked against your available paid sick time under that Policy. If you exhaust your paid time off under the Paid Sick Leave Policy, additional paid time off is available under the Flexible Time Off Plan.
Eligibility: Salaried Team Members: All full-time salaried Team Members with 60 days of continuous service are eligible for routine time off under this Plan and are no longer eligible for paid time off under the previous Levy Restaurants Vacation or Sick/ Floating Days Policies. Note: California Team Members should refer to the section below titled, “California Salaried Team Members Only”
Promoted Team Members: Hourly Team Members promoted to salaried positions are eligible for the Flexible Time Off Plan as of their promotion date, provided they have 60 days of service with the Company. If they have less than 60 days of service, they are eligible for the Flexible Time Off Plan once they reach 60 days of continuous service. At such point, the newly salaried Team Members are no longer eligible for paid time off under the vacation plan that applies to hourly team members and will not be paid out for accrued, unused vacation time under that hourly plan. Note: California Team Members should refer to the section below titled, “California Salaried Team Members Only”
Expectations: Under this Plan, an eligible Team Member is expected to:
• Coordinate with his/her supervisor and communicate with his/her Team Members in advance as appropriate when scheduling routine time off. • Notify his/her supervisor and/or the appropriate Team Member(s), before the start of the workday when an unscheduled absence occurs. • Understand that due to staffing needs, not all time off requests can be honored and that advance requests are still subject to the appropriate approval. • Meet all established expectations and goals despite taking time off. • Take ownership for getting the job done. • Ordinarily request no more than ten (10) consecutive work days at one time.
Please review the FAQ document on available on LevySource for common questions and answers that relate to use of this Plan.
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If an eligible Team Member does not meet the expectations outlined above, the Company reserves the right to deny routine time off. Further, if abuse of the Flexible Time Off Plan occurs, disciplinary action may be taken, up to and including termination of employment.
Documentation: Supervisors reserve the right to request documentation, such as a doctor’s note, to validate the need for certain absences when appropriate. The Company will keep confidential any health information provided to the Company in support of a Team Member’s validation for time off, except upon request or consent of the Team Member or as required by law.
Carry-Over: Because no particular amount of time off is promised, guaranteed, vested or accrued, there is no accrual or carry over for those Team Members who do not take routine time off.
Separations: Team Members are not entitled to be paid for any routine time off when terminating employment with the Company.
California Salaried Team Members Only: California salaried Team Members hired before October 1, 2016 or promoted from an hourly position to a salaried position are not eligible to take time off under the Flexible Time Off Plan until they have fully depleted the accrued vacation time in their individual vacation bank. If such California Team Member’s employment terminates before they have depleted their vacation bank and before this Flexible Time Off Plan becomes effective for that Team Member, then they will be paid for any accrued, unused vacation time under the prior vacation policy. Once this Flexible Time Off Plan is in effect for a California Team Member, they are not entitled to be paid for any time off under this Plan when their employment with the Company terminates.
Excluded Absences Except as may be required by law, Team Members may not use routine time off for absences that are covered under other Company policies, including but not limited to:
1. Leaves covered under the Family and Medical Leave Act (or any additional state or local family and medical leave laws) 2. Pregnancy Reasonable Accommodation Leave 3. Americans with Disabilities Act Leave 4. Short Term Disability 5. Long Term Disability 6. Workers’ Compensation 7. Military Leave 8. Bereavement Leave 9. Jury Duty
If a Team Member is not approved for a leave under one of the leave programs listed above under the Excluded Absences section because a Team Member did not apply for such leave, or did not turn in the appropriate paperwork; a Team Member will not be permitted to use time off under the Flexible Time Off Plan for an absence that would otherwise have been covered under one of these leave policies. For more information on these types of absences/leave, please see the corresponding policies located in the Employee Handbook. Paid days off under this Flexible Time Off Plan cannot be used to extend a leave of absence under any other leave program.
Approved Leave: To the extent a Team Member is approved for leave under the leave programs listed above under Excluded Absences, based on a Team Member’s tenure with the Company, Team Members are allowed to take a certain amount of time, under those approved leave programs, as paid time, consistent with the chart below:
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Years Continuous Service Completed as of Amount of Time That Will Be Paid as Part of the October 1st each year Approved Leave Programs Per Fiscal Year Less than 1 year 15 Days (on a Pro Rata Basis) 1 year or more, but less than 5 years 15 Days 5 years or more, but less than 10 years 20 Days 10 years or more, but less than 25 years 25 Days
Legal Compliance The Flexible Time Off Plan policy is intended to be interpreted and applied in accordance with applicable law, and the Company reserves the right to change or revoke the policy if it deems necessary or appropriate.
VACATION FOR FULL-TIME, NON-SEASONAL HOURLY TEAM MEMBERS We recognize the importance of vacation time in providing the opportunity for rest, recreation, and personal activities. Levy Restaurants provides paid vacation to all eligible full-time, non-seasonal hourly team members. Full-time is defined as working an average of 30 hours or more per week.
For full-time, non-seasonal, hourly team members, the determination as to whether you are a full-time team member eligible for vacation will be calculated based on the average hours worked from October 3rd of the previous year through October 2nd of the current year. If your regular rate of pay varies from week to week, your vacation pay will equal your average weekly wages during the measurement period. Vacation pay is based on your regular rate of pay, excluding overtime or holiday pay and cannot exceed 40 hours.
The amount of vacation to which you are entitled depends on your tenure with the Company. You begin to accrue vacation pay on a pro-rata basis on your first day of employment. Even though full-time, non-seasonal, hourly team members begin to accrue vacation days on the first day of employment, vacation is not considered earned and cannot be utilized until after 90 days of employment. Vacation time renews at the beginning of each fiscal year. Your tenure for vacation is based on the number of years of service completed at the beginning of each fiscal year on the basis of the following schedule:
NON-SEASONAL, FULL-TIME HOURLY TEAM MEMBERS: Years Continuous Service Completed as of Amount of Vacation Time Available as of October 1st each year October 1st each year Less than 1 year 1 week (5 days) on a pro-rata basis 1 year or more, but less than 2 years 1 week (5 days) 2 years or more, but less than 6 years 2 weeks (10 days) 6 years or more 3 weeks (15 days)
Vacation time renews at the beginning of each fiscal year. Vacation time accrual is based on the fiscal year, not the calendar year. You may not borrow or take an advance on your unearned vacation time without the prior written approval of your manager. If you do not utilize your full earned vacation time by the end of the fiscal year, earned vacation time may not be carried over to the next fiscal year, and earned vacation time will be lost, subject to applicable state laws that may provide otherwise.
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For all vacation requests, full-time, non-seasonal hourly team members must complete a Request for Time Off Form and submit it to your manager at least 30 days in advance of your vacation. It is your responsibility to schedule the vacation time and properly request approval in advance from your manager. A team member who resigns or is discharged will not receive pay for any accrued, but unused vacation unless required by state and/orlocal law. Paid vacation days will not be considered as time worked for purposes of calculating overtime for Hourly team members for the week in which vacation day(s) are taken.
* California full-time, non-seasonal hourly team members should refer to the California Employee Handbook Supplement
LEVY CLASSIFIED PROGRAM The purpose of the Levy Classified program is to build the management employment pool with people who are a “fit” with the Levy culture by providing an incentive for Levy Team Members to recommend their friends and acquaintances for employment in salaried management positions within the Company. Any Team Member who knows someone that may be interested in working for Levy Restaurants or a potential fit for a current open management position should forward the Levy Classified referral slip, with a copy of the candidate’s resume, to the hiring manager at their location who will then forward it on to the Home Office. The Talent Acquisition department at the Home Office is responsible for tracking and paying out eligible referrals following 90 days of successful employment.
The referring Team Member must be the reason that the applicant is introduced to Levy Restaurants. A candidate can’t be claimed as a referral if they have already applied or have worked for the Company previously.
Payment is made after a referred Team Member has been employed successfully for 90 days. For the first referral, within a calendar year, a Team Member receives $500; for the second referral, within a calendar year, a Team Member receives $750; for the third referral, within a calendar year, a Team Member receives $1000; and for the fourth referral, within a calendar year, a Team Member receives $1250. Additional guidelines can be found on the Levy Classified poster.
19 Levy Restaurants – A Family of Passionate Restaurateurs Revised August 2017 CONDUCT
PERSONAL APPEARANCE We at Levy Restaurants take great pride in our ability to Win One Customer At A Time. The guests’ impression of us begins the moment they walk in our door and see the staff in our locations. We have developed the following appearance and grooming guidelines to help ensure a professional appearance, health and sanitation compliance, consistency, and a standard of excellence in all of our locations.
ATTIRE You must comply with your location’s standard of dress. If necessary or appropriate, your General Manager/Director of Operations or Home Office department head will advise you about the appropriate attire for your location.
GROOMING Your specific grooming guidelines are addressed in Part 2 of the training manual that has been developed for your location. For example, if you are a server at Spiaggia, the training manual for Spiaggia will specify your attire and grooming guidelines. The following is a general overview of grooming guidelines for the Company; however, you will be expected to adhere to the additional guidelines for your location.
Grooming has often been misconstrued as applying to just hair, fingernails, or make-up, when actually the word ‘groom’ is defined as: “...to make neat and attractive....” Making oneself neat and attractive constitutes a total look covering the top of one’s head to the tip of one’s toes. The following guidelines include important elements that will help you achieve consistency in your “total look.”
Your manager will notify you if your appearance, as interpreted by management, is inconsistent with the following guidelines.
Those individuals who do not comply with these guidelines may be sent home to change, or subject to disciplinary action, up to and including termination. Exceptions to these guidelines generally require a doctor’s statement, and will be reviewed on a case-by-case basis by your manager. To the extent required by law, reasonable accommodations will be considered for religious or disability reasons.
SHOES It is the Team Member’s responsibility to provide his/her own slip-resistant, closed-toe, rubber soled shoes in a color designated by your manager as conforming to your uniform. Shoes must be polished and kept in good repair. All Team Members must wear socks/stockings in a color designated by your manager as conforming to your uniform.
HAIR A neatly combed, attractive hairstyle is essential. Any extreme styles that include dyeing, bleaching, tinting, shaving the eyebrows, or shaving logos or designs in your hair are not permitted. • Front of House – For Team Members who are in contact with food, hair below the collar must be tied back or braided during your shift. Any hair confinements used to tie back hair should be subtle and complement your uniform or outfit. • Back of House – For Team Members who are in contact with food, hair below the collar must be tied back or braided during your shift, and worn under your hat or concealed under your shirt or chef’s coat. Any hair confinements used to tie back hair should be subtle and complement your uniform or outfit.
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MUSTACHES, BEARDS, AND SIDEBURNS Mustaches, beards, and sideburns are permitted, but must be neatly trimmed and not excessive. In order to prevent an unclean, unshaven look, mustaches, beards, and sideburns must be fully grown prior to employment or grown during vacations or leaves of absence. Sideburns should be neatly trimmed and may be permitted to extend no farther than the bottom of the earlobe, following their natural contour. Flares or muttonchops are unacceptable.
FINGERNAILS Fingernails must be short (no more than one-fourth of an inch beyond the tip of the finger), neat, clean, and presentable at all times. • Front of House – For all food and beverage Team Members, if nail polish is used, it must be in good condition with no chipping. Fingernails should be kept clean, and, if polish is used, it should be clear or a cream enamel in a color that is close in value to your skin tone. Polishes that are red, dark, bright, frosted, gold, or silver-toned are unacceptable. Fingernail artwork, such as designs or miniature jewelry, is not acceptable. • Back of House – Nail polish is not permitted. Acrylic, sculpted nails, or artificial nails are not permitted.
COLOGNE/DEODORANT Due to close contact with guests and fellow Team Members, the use of a deodorant and antiperspirant is required. The use of heavy colognes or perfumes is prohibited. A light after-shave or perfume is acceptable.
MAKE-UP Make-up may be used to enhance your natural features and to create a fresh, natural appearance. No extremes in make- up are permitted.
JEWELRY Small rings, class rings, wedding sets, earrings, and a conservative, business-style wristwatch are permitted. A medical alert necklace, bracelet, or ankle bracelet is acceptable. • Rings – You may wear one small ring per hand on any finger, with the exception being a wedding set. • Earrings –A single earring in each ear is acceptable. It must be a simple, matched pair in gold, silver, or a color that blends with the uniform. The shape of the earring must be in good taste and complement the uniform. Earrings can be clip-on or pierced, and must be worn on the bottom of the earlobe. Earrings cannot exceed three- fourths inch in size (approximately the size of a nickel). Tongue rings or any other visible facial rings or piercings are not permitted. • Exceptions – Back of the House Team Members and any Team Member involved in the preparation of food (such as concessions Team Members) cannot wear any jewelry including, but not limited to, earrings, necklaces, watches, rings (with the exception of a single wedding band with no stones), and body piercings.
TATTOOS Tattoos are subject to location training manual requirements.
21 Levy Restaurants – A Family of Passionate Restaurateurs Revised August 2017 CONDUCT
BUSINESS CONDUCT POLICY OF LEVY RESTAURANTS It is important for us to be recognized as a company which is committed to the very highest ethical standards. To that end, this Business Conduct Policy (the “Policy”) sets forth the specific principles of our Company with respect to gifts and entertainment and potential conflicts of interest when dealing with our guests, suppliers, vendors, and competitors. This Policy applies to all of our Team Members and their families.
1. Gifts and Entertainment The purpose of this Policy is not to eliminate or restrict gifts, but rather to ensure that proper procedures are in place so that all of our Team Members uphold the highest ethical standards of conduct. You may not seek, accept, offer, promise, or give any payments, fees, loans, services, gifts, or favors from or to any person or company as a condition or result of doing business with our Company. You may never give or receive gifts of cash. You may never exchange business for any personal gains whatsoever. No bribes, kickbacks or other unlawful or improper payments (including cash, personal checks, gift checks, travelers’ checks, etc.) may be given to, or received by, any person (our Team Members, companies doing business with us, other third parties, etc.) for any reason. In addition, you may not ask, or direct any company doing business with us, to make any payment, for or on our behalf or with funds provided by us, to any official of any government or government agency. You must restrain from reciprocal agreements that restrain competition. Any barter or trade outs must be approved in writing by the President and CEO or CFO. If you have any doubt whether or not any gift or entertainment is acceptable to give or receive, you have the affirmative duty to seek approval in writing from the President and CEO or CFO.
a. Giving Gifts and Entertainment. We understand that giving gifts is a common courtesy of doing business. If you receive approval in writing by the President and CEO or CFO, you may give the following types of gifts and entertainment: gifts of reasonable value, normal business meals and entertainment, the exchange of customary reciprocal courtesies between you and your business associates, and similar customary and reasonable expenditures to promote general business goodwill. Reasonable expenditures for gifts to, and the entertainment of business contacts by, Team Members may be made if the expenditures are appropriate and are correctly recorded on the books of the paying entity. However, gifts or entertainment should not be of substantial monetary value, nor exceed the value that is customary in conducting business. When determining whether or not a gift is “reasonable,” we will take into account all factors, including without limitation, the nature of our relationship with a business organization, and the giving and receiving business associate’s level within such organization. Gifts and entertainment expenses will be reimbursed (in accordance with the Travel Policy) only when expended in accordance with the terms of this Policy.
b. Receiving Gifts and Entertainment. You may accept reasonable and customary gifts and entertainment, but you may not accept gifts and entertainment that are not reasonable and customary, nor that have substantial monetary value. Examples of reasonable and customary gifts and entertainment include, by way of example and not limitation, flowers, candy, cakes, holiday gifts, tickets for business use, and ordinary business meals. Examples of gifts and entertainment that are not reasonable and customary, and should not be accepted by our Team Members, include, by way of example and not limitation, electronics, cash, gift certificates, gift cards, engraved items, trips, tickets for personal use with no business being conducted, and extraordinary business meals. You should not accept travel and/ or lodging by any company doing business or proposing to do business with us without the prior written approval of the President and CEO or CFO.
2. Conflicts of Interest You must avoid any investment, interest, activity, or association that interferes, or might interfere with, your independent exercise of your individual best judgment, and with your obligation to perform your responsibilities in the best interest of our Company. Specifically:
22 Levy Restaurants – A Family of Passionate Restaurateurs Revised August 2017 CONDUCT
a. You must deal with all suppliers, customers, and all other persons doing business with our Company in a completely fair and objective manner without favor or preference based upon personal financial considerations. You must avoid the intent or appearance of unethical or compromising practices in relationships, actions (including without limitation, giving or receiving of gifts or entertainment in accordance with the Policy), and communications;
b. You may not accept from, or give to, any supplier, customer, or competitor any gift or entertainment or prejudicial discounts, except as permitted above under Section 1, “Gifts and Entertainment”;
c. You may not do business on behalf of our Company with a member of your household or a close relative, unless the transaction is disclosed in writing to the President and CEO, who determines that the transaction is on arms- length terms, and is consistent with the purposes of this guidance. A close relative may not realize direct financial gain from any transaction. A close relative includes, by way of example, at a minimum, your spouse, parent, parent-in-law, sibling, sibling-in-law, child or son/daughter-in-law;
d. You may not, directly or indirectly, own any financial interest in or hold any employment or managerial position with any firm or corporation which is a competitor of, or which does or seeks to do business with, our Company, if such interest or position may influence any decision that we may make in the performance of our regular duties. You should refrain from any private business practice that would create, or would appear to create, a conflict between personal interests and the interests of our Company.
You have the affirmative duty to disclose in writing to the President and CEO or CFO the existence of any situation which conflicts with the requirements set forth above. Each such case will be reviewed so that we can determine whether the existence of such interest or position is or may be in conflict with this Policy or otherwise detrimental to the best interest of our Company. If we determine that such conflict or detrimental effect may occur, we will immediately institute all necessary and corrective steps.
3. Political and Charitable Contributions In order to keep accurate records, as well as to adhere to a consistent approach, Team Members must receive approval in writing by the President and CEO or CFO for our Company to make political and charitable contributions.
This includes all of the many forms that the contributions and donations take (cash, golf sponsorships, tables at events, food donations, etc.). The goal is not to be restrictive, but to make sure that prudent business practices are coupled with accurate global record keeping.
4. Compliance with the Law and High Ethical Business Standards You must comply with all applicable laws and regulations where we may do business, the Compass Code of Business Conduct and Code of Ethics.
VISITORS The Company does not permit personal visitors in your location at any time.
EMPLOYMENT IN MULTIPLE LEVY LOCATIONS When necessary, the Company may provide you with the opportunity to work in multiple Levy locations. However, we ask that you continuously notify both your primary location and your borrowing location of the fact that you are working at multiple locations. In the event you are working in multiple Levy locations and fail to report such employment to both locations, you may be subject to disciplinary action, up to and including termination from both locations.
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If you are working concurrently in multiple Levy locations and your employment is terminated at one of those locations, whether by you or by the Company, your employment is also considered terminated at all other Levy locations at which you work.
Contact your Regional Human Resources contact for information about questions related to concurrent employment at Levy and another Compass sector.
GUM CHEWING For Team Members in contact with guests or food handling positions, chewing gum and using tobacco or toothpicks while working is strictly prohibited.
COMMUNICATIONS WITH VIPS Levy Restaurants respects the privacy of all VIPs. Team Members may not approach a VIP, including but not limited to guests, clients, performers, athletes, and coaches, for any reason outside of their normal job duties, unless otherwise approved by the Director of Operations/General Manager. Team Members may not approach a VIP for autographs and/ or photographs at any time. Nothing in this policy is interfere with your right to discuss the terms and conditions of your employment. The Company respects your right to express personal opinions, and to communicate openly and without fear of discrimination, harassment, or retaliation regarding the terms and conditions of your employment.
ATTENDING EVENTS AT LEVY VENUES Team Members are not permitted to remain on premises after their completed shift or arrive at work before their scheduled shift in order to attend or watch a concert, game or other event at their Levy location, unless the Team Member has purchased a valid ticket to that event.
FRATERNIZATION POLICY The Company has found that intimate relationships between Team Members that work together can create discomfort and misunderstanding in the workplace, and could lead to accusations of favoritism, allegations of sexual harassment, and harm to Team Member morale.
It is therefore the Company’s policy to disfavor intimate relationships between managers, between managers and hourly Team Members, or between any two individuals involved in a direct reporting relationship. If such an intimate relationship develops, the Company requires the individuals in the relationship to immediately disclose the relationship to their manager. Failure to disclose such a relationship to your manager or the Home Office Human Resources Department may result in disciplinary action, up to and including termination. The Company will use its good faith and diligent efforts to maintain the confidentiality of such disclosure. The Company reserves the right to take appropriate action, including: (1) transfer of Team Members, (2) signature of documents about the consensual nature of the relationship, and (3) termination when it determines that the efficient operation of the business is being adversely affected by the existence of such a relationship, subject to applicable law.
CREATIVE WORK PRODUCT POLICY To the extent permitted by applicable law, any and all intellectual property, patents, trademarks, copyrights, inventions, works, developments, and discoveries (“Creative Work Product”), created by Team Members during the course of their employment (including, without limitation, recipes, ideas, trademarks, patentable inventions, copyrightable works, logos, concepts, names, service, vehicles, food ideas, uniforms, and trade secrets) shall be the property of, and upon creation shall be automatically assigned to, Levy Restaurants. This assignment shall not apply to any Creative Work Product created by a Team Member entirely on that Team Member’s own time without the use of any Company equipment, supplies, trade secrets, or facilities, and which was developed on the Team Member’s own time, unless the Creative Work Product relates to Levy Restaurants’ business or results from any work performed by the Team Member for Levy Restaurants. If a Team Member has any questions as to whether a particular Creative Work Product belongs to Levy Restaurants, he or she should contact his or her immediate manager.
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WORK AUTHORIZATION Levy Restaurants is committed to full compliance with all applicable U.S. Federal and state immigration laws and regulations, including those which prescribe procedures for verifying employment eligibility for all employees hired to work in the United States, refraining from engaging in prohibited forms of immigration-related employment discrimination, and refraining from employing individuals who the Company knows lack the right to work in the United States. Therefore, all new hires are required to complete Section 1 of Form I-9 on the first day of employment, and are required to produce original documents to evidence identity and employment eligibility no later than the third business day of employment.
If you provide documentation indicating that your work authorization has an expiration date, updated documentation must be given to the Company before this expiration date.
Any Team Member who is found to have presented a false or fraudulent document to the Company as evidence of work authorization or identity may be subject to discipline, up to and including termination.
25 Levy Restaurants – A Family of Passionate Restaurateurs Revised August 2017 RESPONSIBILITY
RESPONSIBLE ALCOHOL SERVICE
Levy Restaurants is committed to providing our guests with a memorable dining experience that is in all ways reflective of our values as a family of passionate restaurateurs. We are proud to include the responsible service of alcohol beverages as one of the many ways in which we communicate these values to our guests, partners, and co-workers. Using effective standards and practices that conform to all legal requirements, Levy Restaurants Team Members provide service to our guests of legal drinking age in a manner that is consistently mindful of their health and safety. Our goal is to establish an environment where properly trained Team Members are able to assist our guests in their decision to drink responsibly, while adhering to conscientious, professional service standards practiced company wide. It is a responsibility that Levy Restaurants, and our entire family of Team Members, takes very seriously – a commitment that allows us to further define “The Levy Difference” within our community.
Under our Responsible Alcohol Service Policy, all Team Members must strictly adhere to the following standards:
• The sale or service of alcoholic beverages during hours not authorized by law is absolutely prohibited. • Team Members may not serve beer, wine or liquor to any person under the age of 21 years old. Anyone who appears to be 30 years of age or younger must be asked for and present valid identification prior to receiving any alcoholic beverage. • All Levy Team Members (i.e., Servers, Hawkers, In-Seat Runners) who deliver an alcoholic beverage to a guest must ask for, and be presented with, valid identification from any individual who appears to be 30 years of age or younger. Team Members must verify that the guest is of legal drinking age. • If a Team Member observes a guest who has provided proper identification transferring a purchased alcoholic beverage to another guest who appears to be 30 years of age or younger, the Team Member must obtain valid identification from the guest in question. • If the guest in question cannot produce valid identification, the beverage must be taken from the guest’s possession. • Team Members will not sell any tobacco products to any guest under the age of 18, and Team Members must ask for and be presented with identification from any guest purchasing tobacco products who appears to be 30 years of age or younger. • It is not Levy Restaurants policy to utilize wristbands as proof of age for the sale of alcoholic beverages. Some Location clients may mandate the use of wrist-banding to identify those guests 21 years of age or older. It is Levy Restaurants policy that Team Members must still ask for, and be presented with, valid identification prior to the sale of each alcoholic beverage to any guest who appears to be 30 years of age or younger. • The individual making the sale is ultimately responsible for ensuring that the guest is 21 years of age or older. Wrist-banding or other carding procedures in place (i.e., at the point of entry into the facility), do not alleviate the responsibility of the server to ask for identification at the time of the sale. • The following documents are the only valid unexpired forms of identification acceptable to Levy Restaurants: • Current, valid United States or Canadian Driver’s License • Current, valid Military ID w/photo • Current, valid United States or Canadian State ID w/photo • Current, valid Passport • Current, valid Mexican Consular ID card • Current, valid U.S. Passport Card
26 Levy Restaurants – A Family of Passionate Restaurateurs Revised August 2017 RESPONSIBILITY
• Team Members shall physically examine all forms of identification, out of protective covers, by touching and handling it to ensure that it is a valid form of identification. • It is not Levy Restaurants’ standard to confiscate an identification that is in question or appears to be altered. However, if a guest leaves his/her identification with a Team Member, the Team Member must turn the identification in to Levy management. • No more than 2 alcoholic beverages may be sold or served to a guest at any time per identification. If a guest already has a drink present, he/she will only be allowed to order one more drink. • The above limits may be modified to less than the specified numbers for certain events, in special circumstances, or during the course of an event at the discretion of the location’s Director of Operations or General Manager in conjunction with the approval of the Regional Vice President. Limits may not be increased at any time. • All drinks will be made according to the Levy Restaurants standards. These standards are: a) 1 ¼-oz. shots for liquor; b) no free pouring; c) wine must be a 5-oz. pour when using bottles, 6.3-oz. pour when using package 187 ml bottles in certain applications; d) draft beers must not exceed 25 oz., and e) bottled/canned beers must be no larger than 25 oz. • The above limits may be modified to less than the specified numbers due to laws or regulations applicable to certain locations or at the discretion of Levy Restaurants management for certain events, in special circumstances, or during the course of an event at the discretion of Levy Restaurants management. Limits may not be increased at any time. • Proper and standardized signage will be placed on the premises at all times, stating the legal age for the purchase of alcoholic beverages and tobacco products, identification policies of the establishment, drink limit (i.e., no more than 2 drinks per identification), cut-off time, and any other signage requirements dictated by applicable local, state, or province regulations. Each stand location and bar must display the proper, standardized signage at eye level or above. • The sale of alcoholic beverages to an obviously intoxicated guest is prohibited. Any Team Member found serving beer, wine or liquor to anyone who appears to be intoxicated is in violation of Levy Restaurants Responsible Alcohol Service standards, and will be subject to disciplinary action up to and including termination. • If a Team Member observes an intoxicated guest with an alcoholic beverage, the beverage must be taken from the guest’s possession. • A Team Member who engages in pouring alcoholic beverages, unless assigned to do so by Levy Restaurants as part of his/her job responsibilities, may be subject to disciplinary action up to and including termination. • Levy Restaurants will participate with the facility operations team or owner and our beverage supplier/partners that provide Designated Driver Programs to ensure the safety of our guests and the community. Levy Restaurants will make available alternative means of transportation to any intoxicated guest requesting transportation. • Team Members may be subject to disciplinary action up to and including termination if they engage in any of the following: a) unauthorized consumption of alcoholic beverages or controlled substances while on the premises of the facility or any working area operated by Levy Restaurants; b) demonstrating signs of intoxication while on duty; c) reporting for work under the influence of alcoholic beverages or controlled substances; d) being in possession of, or bringing to the workplace, any intoxicating beverage or controlled substances; or e) violating the Levy Restaurants Alcohol and Drug Policy or f) violating the Levy Restaurants Responsible Alcohol Service Standards. • Team Members may not sell, deliver, store, or use any unlawful drugs or controlled substances in any work area or on Levy Restaurants property. If witnessed or suspected by a Team Member of any such unlawful activity, a supervisor or manager must be notified immediately. • Team Members will not engage in any unlawful behavior, including but not limited to any act of lewd or lascivious solicitation or imply to anyone that he/she will engage in any such acts.
27 Levy Restaurants – A Family of Passionate Restaurateurs Revised August 2017 RESPONSIBILITY
• Levy Restaurants recognizes that there may be applicable local, state, federal, province, and other applicable laws that may mandate requirements that are more restrictive than the above stated standards. In all such cases, the applicable local, state, province, and all other applicable laws shall apply. • All Team Members involved in selling and/or delivering alcoholic beverages to our guests must remember that Levy Restaurants’ ability to sell alcohol at our venues is regarded by the law as a privilege and not a right, and should be treated as such. • As a condition of employment with Levy Restaurants, Team Members must possess any applicable certifications to meet local, state, or any other mandates to serve alcohol within the location’s jurisdiction prior to their first day of work.
Team Members who violate the Responsible Alcohol Service Policy may be subject to disciplinary action, up to and including termination.
28 Levy Restaurants – A Family of Passionate Restaurateurs Revised August 2017 SAFETY
HEALTH, SAFETY & SECURITY GENERAL GUIDELINES Levy Restaurants is committed to providing a safe, healthy, and secure working environment. Your safety and the safety of our guests are of paramount importance to the Company.
Our policy is aimed at minimizing the exposure of our Team Members, guests, and visitors to health, safety, or security risks. To accomplish this objective, all of our Team Members are expected to work diligently to maintain safe, healthy, and secure working conditions and to adhere to proper location practices and procedures designed to prevent injuries and illnesses.
The responsibilities of all Company Team Members in this regard include:
• Exercising maximum care and good judgment at all times to prevent accidents and injuries; • Reporting within 4 hours to your manager, and seeking medical attention (if necessary) for, all injuries or illnesses, regardless of how minor; • Immediately reporting unsafe conditions, equipment, or practices to managers; Using safety equipment provided by the Company at all times; Conscientiously observing all safety rules and regulations at all times; • Notifying managers, before the beginning of the workday, of any medication you are taking that may cause drowsiness or other side effects that could lead to injury to you, your co workers, or guests; • Not taking short-cuts or avoiding safety procedures; • Learning the location of all exits and safety equipment; • Keeping the worksite clean, sanitary, and secure; • Promptly removing or cleaning up all trash, spills, and other foreign objects; and • Avoiding muscle strain. Get help if you cannot comfortably lift an item. Lift with your legs, not your back.
CUT-RESISTANT GLOVES AND TUB GLOVES You must wear a cut-resistant glove if you are using a knife (including serrated), mandolin, box cutter, or cleaning sharp equipment or utensils (i.e., slicers, mandolins, buffalo choppers, vegetable peelers, knives, including serrated). Your manager will provide you with a cut-resistant glove to use.
Also, if you are working in the dishwashing operation, you must wear a cut-resistant tub glove, one on each hand. A clean, rubber dish glove is to be worn over the tub glove as well.
SANITATION Proper sanitation practices must be followed at all times. Proper food handling is critical to prevent food contamination or poisoning and other food-related illnesses. Team Members will receive additional sanitation guidelines as appropriate.
You must wash your hands with soap and water after using the restroom and after touching anything that might contaminate the food. Keep your fingernails clean and neatly trimmed. Report all contagious illnesses, including colds and respiratory infections that cause sneezing or coughing, to your General Manager/Director of Operations before reporting for work. Cover skin infections, sores, boils, cuts, scratches, and blisters to keep product, equipment, and supplies from becoming contaminated and to prevent further infection of those afflicted areas. Due to health and safety concerns, if you have any infectious or communicable diseases, you must immediately disclose such information to your manager.
Also, you need to report to General Manager/Director of Operations immediately if you have the following symptoms, diagnoses or conditions:
29 Levy Restaurants – A Family of Passionate Restaurateurs Revised August 2017 SAFETY
Future Symptoms and Conditions 1. Diarrhea 2. Fever 3. Vomiting 4. Jaundice 5. Sore throat with fever 6. Boils and infected wounds of any size containing pus on the hand, wrist, or other exposed body area
It is not necessary to report symptoms, such as diarrhea, associated with chronic medical conditions or illnesses. “Chronic” medical conditions or illnesses are persistent or ever-present conditions.
Future Medical Diagnosis Whenever diagnosed as being ill with a foodborne illness.
Future High-Risk Conditions 1. Exposure to or suspicion of causing any confirmed outbreak of foodborne illness. 2. A household member diagnosed with a foodborne illness working in a setting experiencing a confirmed outbreak of foodborne illness. 3. A household member attending or working in a setting experiencing a confirmed outbreak of foodborne illness.
Also, Team Members diagnosed with any of the following illnesses must be restricted/excluded from the operation:
All Locations (Except California and Ohio locations) 1. Norovirus 2. Hepatitis A virus 3. Shigella spp. 4. Shiga Toxin Producing E. Coli 5. Nontyphoidal Salmonella 6. Jaundice
California Locations 1. Salmonella typhi. 2. Salmonella spp. 3. Shigella spp. 4. Entamoeba histolytica 5. Enterohemorrhagic or Shiga toxin producing E. coli. 6. Hepatitis A virus 7. Norovirus 8. Other diseases transmissible through food 9. Jaundice
30 Levy Restaurants – A Family of Passionate Restaurateurs Revised August 2017 SAFETY
Ohio Locations 1. Campylobacter 2. Cryptosporidium 3. Cyclospora 4. Entamoeba histolytica 5. Enterohemorrhagic or shiga toxin-producing E. Coli 6. Giardia 7. Hepatitis A 8. Norovirus 9. Salmonella spp. 10. Salmonella typhi 11. Jaundice 12. E. Coli O157:H7 13. Shigella 14. Yersinia 15. Vibrio Cholerae
If you report any of these symptoms, diagnoses or conditions, it will be strictly confidential. The only health issues that you need to discuss with your manager or chef are those that are strictly foodborne disease-related; that is, suspected or confirmed foodborne illness, including associated symptoms. You do NOT need to discuss any other personal health issues, illnesses, or non-foodborne-disease-related medical conditions with your General Manager/Director of Operations.
Important: It is not necessary to report symptoms, such as diarrhea, associated with chronic medical conditions or illnesses. “Chronic” medical conditions or illnesses are persistent or ever-present conditions.
GUESTS WITH ALLERGIES If any guest reports to you that he or she has any type of allergy, you must immediately report this information to your manager.
INJURIES TO TEAM MEMBERS If you sustain an injury, or someone with whom you work sustains an injury, no matter how slight, immediately report it to your manager. Your manager will complete an accident report. You must also immediately report to your manager any medical treatment that you receive for a work-related injury. If you believe an unsafe condition exists, report it immediately to your manager. It is important to work together so that accidents can be prevented and our workplace safety is maintained.
First aid kits are located in the kitchen and break areas. Ask your manager to review the contents of the first aid kit with you. Failure to immediately report an injury may result in disciplinary action, up to and including termination.
INJURIES TO GUESTS If you learn of a guest injury at your location, immediately obtain medical assistance and inform your manager. The injured person should not be moved unless it is necessary to prevent further injury. Keep the injured person quiet and spectators away. Let the person know that you have summoned medical assistance. If a guest alleges that he or she became ill from eating something in our location, notify your manager immediately. Failure to immediately report a guest injury may result in disciplinary action, up to and including termination.
31 Levy Restaurants – A Family of Passionate Restaurateurs Revised August 2017 SAFETY
FIRE SAFETY Report all fires to your manager and call 911, if necessary. Give the specific location of the fire. Let the operator hang up the telephone first to be certain that they have received all of the necessary details. Utilize available fire extinguishers or extinguishing systems to fight the fire, but do not remain in a situation that is dangerous to you.
ROBBERIES If at any time you are in a robbery situation, be cooperative and do whatever is requested of you. Money can be replaced -- you cannot! Be alert and do your best to remember as many details about the robber as possible, including the offender’s height, weight, eye color, skin color, voice, and clothing. As soon as you are out of danger, immediately alert your manager and call 911, or other appropriate police emergency phone number.
LOCKS AND LOCKERS In certain locations, locks and lockers will be issued to Team Members. It is your responsibility to keep your locker and the area around it neat and clean at all times. You are responsible for the contents of your locker. Please do not bring large amounts of cash, jewelry, or valuables to work with you. Any missing articles or other problems should be promptly reported to your manager. The Company is not responsible for valuables left in lockers, nor is the Company responsible for lost or stolen property. Only those combination locks issued by your manager may be placed on Team Member lockers; however, the locks and lockers remain Company property, therefore you should have no expectations of privacy. If not provided by the Company, you must provide your manager with your locker combination. For security reasons, there will be a replacement charge if your lock is lost or stolen. Periodic announced and unannounced locker inspections may be conducted by a member of management or a member of the client or building security consistent with section 2.11 of the Company handbook regarding the Right to Inspect/Workplace Searches.
PURSES, BACKPACKS AND PARCELS Unless otherwise specifically permitted by your manager, purses, backpacks, and parcels are prohibited in work and office areas.
ALCOHOL AND DRUGS Levy Restaurants is dedicated to providing its Team Members with a safe and healthy work environment. In order to provide such an environment, the Company has made a commitment to be an alcohol and drug-free workplace.
What Is an Alcohol and Drug-Free Work Environment? Levy Restaurants will not allow any of its Team Members to use, buy, sell, give, or have in their possession any illegal drug(s) or drug paraphernalia at work or outside of work. Possession of controlled substances will only be permitted when accompanied by a current, valid physician’s prescription, or as otherwise allowed by federal, state, or local law. This applies to Team Members traveling for Company business, Team Members using Company vehicles (including leased or rental vehicles), and to those Team Members using personal automobiles for Company business. In addition, no Team Member shall work or report to work while under the influence of alcohol or any illegal drug. These requirements are in place to ensure that the safety of all Team Members remains a top priority.
No alcoholic beverages may be brought onto or consumed on Company or client property unless the Company has given its approval in advance of consumption. Similarly, alcoholic beverages may not be consumed in vehicles which the Company owns, leases or rents, and/or in personal automobiles used for Company business. Team Members are prohibited from operating a vehicle while under the influence of alcohol. No Team Member shall work or report to work while under the influence of alcohol.
32 Levy Restaurants – A Family of Passionate Restaurateurs Revised August 2017 SAFETY
In accordance with the Company’s Post-Accident Drug and Alcohol Testing Policy, Levy Restaurants may subject all Team Members who have caused, participated in, or contributed to an accident, to a drug and alcohol test. For more information about the Company’s Post-Accident Drug and Alcohol Testing Policy, please contact your manager or the Risk Management Department.
In all cases involving any violation of this policy and the Post-Accident Drug and Alcohol Testing Policy, the Company may impose disciplinary action, up to and including termination.
*Please also refer to section 2.9 of the Company handbook regarding Drugs and Alcohol.
GENERAL SECURITY Levy Restaurants is committed to providing a safe and secure working environment for all of our Team Members. Working with all of our location partners (i.e., stadiums, arenas, and corporate buildings), we utilize picture identification systems, card/key/ numeric door access systems, and closed circuit television monitoring where and when appropriate. We recognize that security is everyone’s responsibility and whenever there is a question concerning this important topic, please direct it to your manager.
33 Levy Restaurants – A Family of Passionate Restaurateurs Revised August 2017 COMMUNICATION
BULLETIN BOARDS To maintain an effective avenue for communicating with our Team Members, your location may maintain a bulletin board in a designated area that will be shown to you by your manager.
The bulletin board is used to communicate work schedules, special notices, and other information of interest, including legal and official governmental information on equal employment opportunity, wage, health, safety, and other issues. It is also used to communicate information about Company policies and its business and announcements. You are responsible for checking the bulletin board on a daily basis for pertinent information.
You may not post any form of literature, printed or written materials, photographs, or notices of any kind on the Company bulletin board. Violation of this policy may be grounds for disciplinary action, up to and including termination.
The Company bulletin board may not be used by Team Members or outside parties for the posting of commercial notes, advertisements, announcements, witticisms, sales of personal property, or any other matters, work-related or otherwise.
MEETINGS Team Member meetings are periodically held and, at the discretion of management, attendance may be mandatory. You will be paid for attendance at all Company meetings. Failure to attend such a meeting may be considered a violation of the Company’s Attendance and Tardiness Policy.
MEDIA POLICY Any inquiries for the Company’s official position on a public or policy issue should be directed to the Director of Communications at the Home Office.
34 Levy Restaurants – A Family of Passionate Restaurateurs Revised August 2017 SUMMARY
SUMMARY We hope that in taking the time to read this Handbook you have become acquainted with our Company and the very special part you will play in delivering “The Levy Difference.” We are not a company of individuals, but rather a true family of many who need to work together to continue to orchestrate the numerous successes of which we can all be so proud.
Our successes will continue to be built on a foundation of mutual understanding and respect for one another. We are 100% committed to being a family of passionate restaurateurs. We are dedicated to delivering on the personal and professional growth opportunities we have offered to you in this Handbook. In turn, we expect you to be respectful of the necessary programs and tools we have developed and outlined for you in this Handbook so you can live our culture and be proud of your contributions.
We strive to create and foster an environment of inclusion where our people feel comfortable and are able to perform at their best. We believe that the skills and talents of all our Team Members are essential to our business and our policies encourage, develop, and support this.
This Handbook contains very important information for all of us - knowledge that will be used, every day, as we deliver “The Levy Difference.” We are passionate about the significance of this information, but also understand that there is a lot contained in this Handbook. We openly encourage you to ask any question you might have regarding what it means to you, today and in the future.
Where there are differences between a collective bargaining agreement and this supplement, the collective bargaining agreement prevails for Team Members covered by the agreement. Team Members should refer to their location’s collective bargaining agreement for further details.
Again, welcome to our family of passionate restaurateurs. We’re so glad you’re part of our team!
35 Levy Restaurants – A Family of Passionate Restaurateurs Revised August 2017 LEVY RESTAURANTS/COMPASS GROUP USA HANDBOOK TABLE OF CONTENTS 1. Introduction 1.1 About This Handbook...... 1 2. Employment Policies 2.1 Equal Employment Opportunity...... 1 2.2 Affirmative Action...... 2 2.3 Diversity and Inclusion...... 2 2.4 Open Communication...... 3 2.5 SpeakUp Hotline...... 3 2.6 Fair Treatment and Respect Policy...... 3 2.7 Growing with the Company...... 5 2.8 Performance Management/Career Development...... 5 2.9 Non-Disclosure of Confidential Company Information...... 6 2.10 Drugs and Alcohol...... 7 2.11 Tobacco Free Workplace...... 7 2.12 Right to Inspect/Workplace Searches...... 8 2.13 Conflict of Interest/Employment Outside the Company...... 8 2.14 Employment of Relatives...... 9 3. Compensation 3.1 Classification of Employment...... 9 3.2 Introductory Period...... 10 3.3 Proper Recording of All Hours Worked...... 10 3.4 Meal Periods, Rest Breaks, and Other Company Approved Breaks...... 10 3.5 Overtime Pay...... 12 4. Benefits 4.1 Family and Medical Leave...... 12 4.2 Pregnancy Reasonable Accommodation Leave...... 16 4.3 Accommodations for Individuals with Disabilities...... 18 4.4 Military Leave...... 18 4.5 Bereavement...... 19 4.6 Jury Duty and Witness Testimony...... 20 4.7 Time Off to Vote...... 20 5. Team Member Conduct 5.1 Personal Appearance and Hand Washing...... 21 5.2 Uniforms...... 21 5.3 Workplace Safety...... 22 5.4 Attendance Policy...... 22 5.5 Personal Information...... 24 5.6 Resignation...... 24 5.7 Violence Free Workplace...... 25 5.8 Work Rules...... 25 5.9 Integrity in the Workplace...... 28 5.10 Environmental Standards...... 28 5.11 Use of Company and Client Technology...... 28 5.12 Use of Personal Technology...... 29 5.13 Social Media...... 29 6. Team Member Handbook Supplement Handbook Acknowledgement Form 1. INTRODUCTION 2. EMPLOYMENT POLICIES
1. INTRODUCTION 1.1 ABOUT THIS HANDBOOK We are so excited that you have joined the Compass Group and Levy Restaurants Team. We encourage you to read this Handbook thoroughly to learn about what the Company has to offer and what the Company expects from you as a new or tenured Team Member. If you have any questions about this Handbook, please do not hesitate to contact your Manager or Human Resources. We are here to help you!
From time to time, the Company may need to change or revise certain policies in this Handbook. Although the Company will always try to keep you advised of any changes to policies, changes may occur before any written revisions are distributed to everyone in the organization. Please disregard any prior Handbook versions that you may have received.
THIS HANDBOOK IS NOT INTENDED TO BE NOR DOES IT CONSTITUTE AN EXPRESS OR IMPLIED CONTRACT OF ANY KIND. NOTHING IN THIS HANDBOOK IS INTENDED TO CREATE ANY TYPE OF AGREEMENT FOR EMPLOYMENT OR CONTINUED EMPLOYMENT. FINALLY, PLEASE UNDERSTAND THAT THIS HANDBOOK IS THE PROPERTY OF THE COMPANY AND IS CONFIDENTIAL.
All Company Team Members are “at will” Team Members. This means that Team Members have the right to resign their position at any time, with or without cause and/or notice. Likewise, the Company can terminate the employment relationship with any Team Member at any time with or without cause and/or notice. Statements or promises that may be made by Managers and other executives, with the exception of a written agreement signed by the EVP of Human Resources, may not supersede the at-will employment relationship.
Where there are differences between a collective bargaining agreement and this handbook, the collective bargaining agreement prevails for Team Members covered by the agreement. Team Members should refer to their location’s collective bargaining agreement for further details.
The effective date of this Handbook is June 2017. This Handbook supersedes all prior handbooks and Team Member policy and procedure manuals.*
* This excludes the California Employee Handbook Supplement, to which our California Team Members should also refer.
2. EMPLOYMENT POLICIES 2.1 EQUAL EMPLOYMENT OPPORTUNITY Compass Group and Levy Restaurants are proud to be an equal employment opportunity employer. It is the policy of the Company to provide equal employment opportunity without regard to race, color, creed, religion, disability, age, sex, marital status, pregnancy, child birth or any related condition, sexual orientation, gender identity, gender expression, transgender, national origin, citizenship status, veteran status, genetic information, or any other basis protected by federal, state, or local laws.
In this regard, the Company recruits, hires, trains, and promotes qualified individuals in all positions without regard to race, color, creed, religion, disability, age, sex, marital status, pregnancy, child birth or any related condition, sexual orientation, gender identity, gender expression, transgender, national origin, citizenship status, veteran status, genetic information, or any other basis protected by federal, state, or local laws. This Policy applies to all employment related decisions and actions including, but not limited to, compensation, benefits, disciplinary action, training, and leaves of absence. The Company further provides reasonable accommodations to Applicants and Team Members with sincerely held religious beliefs or disabilities, as required by federal, state, or local law.
In accordance with this Policy, the Company reaffirms its commitment to equal employment opportunity including compliance with Executive Order 11246; Section 503 of the Rehabilitation Act of 1973; the Vietnam Era Veterans Readjustment Act of 1974; Title VII of the Civil Rights Act of 1964 (as amended); the Pregnancy Discrimination Act of 1978 (as amended); the Equal Pay Act of 1963 (as amended); the Americans with Disabilities Act of 1990 (as amended); the Genetic Information Nondiscrimination Act of 2008; the Age Discrimination in Employment Act of 1967 (as amended); the National Labor Relations Act of 1935 (as amended); and any other Civil Rights Law enacted by any local, state, or federal legislature.
1 Levy Restaurants/Compass Group USA Revised August 2017 All Team Members are responsible for adhering to and enforcing the Company’s policy and commitment to equal opportunity. Each Team Member has the responsibility to immediately contact management or Human Resources with any concerns of possible violations under this Policy.
2.2 AFFIRMATIVE ACTION STATEMENT The Company complies with Executive Order 11246, as amended, Section 4212 of the Vietnam Era Veteran’s Readjustment Assistance Act of 1974, as amended (“VEVRAA”), and Section 503 of the Rehabilitation Act of 1973, as amended (“Section 503”). Accordingly, it is the Company’s policy to take affirmative action to employ and advance in employment minorities, females, protected veterans, and individuals with disabilities. The Company will also provide reasonable accommodation to known physical or mental limitations of an otherwise qualified Team Member or applicant for employment, unless the accommodation would impose undue hardship on the operation of our business.
It is the policy of the Company to recruit, hire, train, and promote individuals in all positions, and ensure that all other employment actions are administered without regard to sex, sexual orientation, gender identity, race, religion, color, creed, disability, age, marital status, pregnancy, child birth or any related condition, national origin, citizenship status, veteran status, genetic information, or any other legally protected status, and will ensure that all employment decisions are based on valid job requirements.
Further, the Company will not discharge or in any other manner discriminate against Team Members or applicants because they have inquired about, discussed, or disclosed their own pay or the pay of another Team Member or applicant. However, Team Members who have access to the compensation information of other Team Members or applicants as a part of their essential job functions cannot disclose the pay of other Team Members or applicants to individuals who do not otherwise have access to compensation information, unless the disclosure is (a) in response to a formal complaint or charge, (b) in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the Company, or (c) consistent with the Company’s legal duty to furnish information.
To advance these goals, the Company’s affirmative action program contains an audit and reporting system to measure effectiveness and determine the degree to which the Company’s objectives have been attained, determine whether protected veterans and individuals with disabilities have had the opportunity to participate in company-sponsored activities, measure our compliance with the program’s specific obligations, indicate any need for remedial action, and document actions taken to comply with these regulations.
In addition, Team Members and applicants shall not be subjected to harassment, intimidation, threats, coercion or discrimination because they have engaged in or may engage in any of the following activities: (1) filing an internal or external complaint; (2) assisting or participating in an investigation, compliance evaluation, hearing, or any other activity related to the administration of the affirmative action provisions of Section 503, VEVRAA, or any other federal, state, or local law requiring equal opportunity for individuals with disabilities or protected veterans; (3) opposing any act or practice made unlawful by Section 503, VEVRAA or any other federal, state, or local law requiring equal opportunity for individuals with disabilities or protected veterans; or (4) exercising any right protected by Section 503 or VEVRAA.
The Company’s Chief Executive Officer fully supports this affirmative action program and has delegated responsibility for implementation and administration to the Human Resources and Legal Departments. If you would like to review the non-confidential portions of the Company’s affirmative action plans during normal business hours you may do so by contacting your HR Representative.
2.3 DIVERSITY AND INCLUSION At Compass Group and Levy Restaurants, diversity and inclusion is more than just a business strategy. For us, diversity lies at the core of who we are. Our leadership strives for it. Our employees live it. Our suppliers model it. And our community relationships reflect it. The men and women who work here come from every walk of life and background – just like our clients and customers. Which means across our broad range of business sectors, the communities we serve are reflected in nearly 200,000 faces. All for one simple reason: “Broader Thinking Creates Bigger Opportunities.”
2 Levy Restaurants/Compass Group USA Revised August 2017 Diversity Statement. Diversity and inclusion are at the core of what Compass Group and Levy Restaurants are about. We believe a diverse and inclusive environment supports innovation and collaboration, and benefits our Team Members, clients, and customers. Our commitment to diversity and inclusion allows us to: deliver positive business results; build a highly skilled workforce that reflects our diverse client and customer base; provide innovative products and services to our customers and clients; seek new opportunities while we retain our client base; and give back to the communities we touch and serve.
2.4 OPEN COMMUNICATION We Want to Know. Compass Group and Levy Restaurants recognize the importance of open communication. Sharing ideas, information, feedback, comments, and concerns is important to the Company. It is this free flow of ideas that helps the Company achieve a great work environment for our Team Members and great customer service for our clients.
The Many Resources Available to You. There are multiple resources available to Team Members to ask questions, provide feedback, or report concerns of any type. The Company recommends that Team Members raise their concerns with their Manager first, when appropriate. This is because a Team Member’s Manager tends to be closest to the issues and can generally respond promptly.
The Company offers multiple resources to Team Members who do not feel comfortable asking questions or reporting concerns to their Manager. The list of options for seeking assistance includes, but is not limited to:
1. Any Member of Company Management. 2. Human Resources. 3. SpeakUp. See the SpeakUp Hotline Section included in this Handbook to learn more about the SpeakUp Hotline. Team Members may contact the SpeakUp Hotline at 1-866-654-6626 or online at www.compass-speakup.com.
No Retaliation Assurance. Team Members will not be penalized for proper and good faith use of the Company’s Open Communication Policy.
2.5 SPEAKUP HOTLINE It is imperative to the Company that all Team Members are provided with a safe and ethical place to work. In order to ensure this essential priority, and to supplement the Open Communication Policy, the Company has a SpeakUp Hotline.
When to Use the SpeakUp Hotline. The SpeakUp Hotline is available to Team Members for reporting concerns privately and confidentially about situations they feel may be unsafe, unethical, or illegal, and which they may be uncomfortable discussing with Management or Human Resources. The Company requests that all Team Members first use the Company’s Open Communication Policy to address their concerns.
Team Members may contact the SpeakUp Hotline at 1-866-654-6626 or online at www.compass-speakup.com.
2.6 FAIR TREATMENT AND RESPECT POLICY The Company’s Core Values and Principles of Fair Treatment. It is the policy and practice of the Company to provide a work environment for all Team Members, Applicants, Interns, Volunteers, and Contract Workers that is free from unlawful discrimination and harassment based on race, color, creed, religion, disability, age, sex, marital status, pregnancy, child birth or any related condition, sexual orientation, gender identity, gender expression, transgender, national origin, citizenship status, veteran status, genetic information, protected concerted activity, or any other classification protected by law (hereinafter “protected classifications”). Unlawful discrimination and harassment will not be tolerated by any Team Members or Third Parties, including Customers, Clients, and Vendors. Nothing in this policy is intended to prohibit Team Members from discussing their wages, benefits, or terms and conditions of employment with each other or a third- party.
It is also the practice of the Company to provide a workplace that is free of bullying and intimidating behavior by or towards co-workers, customers, and vendors. Bullying is considered any threatening, offensive, intimidating, or cruel behavior which humiliates, belittles, or demeans any individual.
3 Levy Restaurants/Compass Group USA Revised August 2017 Finally, it is the practice of the Company to provide a workplace with open communication, and that is free from retaliation or unfair treatment against any individual that reports good faith concerns of suspected violations of this Policy.
The Company complies with, and strictly enforces federal, state, and local laws that prohibit discrimination, harassment, and retaliation, including but not limited to the following laws (as amended): Title VII of the Civil Rights Act of 1964; the Pregnancy Discrimination Act of 1978; the Age Discrimination in Employment Act of 1967; the Americans with Disabilities Act of 1990; the National Labor Relations Act of 1935; the Equal Pay Act of 1963; the Genetic Information Nondiscrimination Act of 2008; the Family Medical Leave Act of 1993; the Uniformed Services Employment and Reemployment Rights Act of 1994; or other similar state or local laws. The Company however, goes above and beyond these legal requirements and strives to provide our Team Members with a work environment in which all Team Members are treated in a fair and respectful manner. Accordingly, a Team Member may be subject to discipline under this Policy even if his/her conduct does not constitute a violation of applicable law.
Examples of Unacceptable Conduct in Violation of this Policy. The below categories are examples of unacceptable conduct that shall be deemed a violation of this Policy and may result in disciplinary action up to and including termination. This list is not exhaustive and is meant to provide examples only.
• Unfair Opportunities: Making any decision regarding the hiring, firing, promotion, or demotion of a Team Member or making any decision that adversely affects the wages, benefits, or working conditions of a Team Member based in whole or in part on a protected classification.
• Verbal Mistreatment: Use of racial/sexual slurs, derogatory comments, or insults based on a protected classification; Inappropriate comments about another’s body, anatomy, and/or dress; Questions about another’s sexual preference or practices; Sharing sexual or otherwise offensive stories, jokes and experiences; Making lewd or suggestive gestures or comments.
• Visual Mistreatment: Discriminatory, violent and/or sexually explicit material (electronic or paper), through e-mails, pictures, text messages, blogs, tweets, chat rooms, posters, calendars, cartoons, drawings, or writings that are offensive, sexual, or contain a negative stereotype based on a protected classification.
• Sexual Mistreatment or Favors: Making sexual advances or other verbal or physical conduct of a sexual nature in or outside the workplace.
• Physical Mistreatment: Intentional and unwelcome physical contact outside of social norms. This includes intentional and unwelcome touching, pushing, pinching, patting, blocking, grabbing, poking, or brushing against another.
• Bullying and Antagonizing Behaviors: Threatening, intimidating, or cruel behavior or remarks; Making maliciously false statements or ridiculing a person or his/her family; Persistent name calling which is demeaning or belittling; Using a person as the brunt of jokes.
The Company requires that Team Members report all suspected violations of this Policy. Pursuant to the Company’s Open Communication Policy, Team Members are encouraged to contact their manager first to see if the matter can be swiftly and properly resolved. However, if a Team Member is not comfortable discussing concerns with their manager, or the concern is about their manager, the Team Member should contact one of the following:
(1) Location HR: Please contact your HR representative.
(2) The “SpeakUp” Hotline: 1-866-654-6626 or online at www.compass-speakup.com.
Any Team Member who brings a concern to the Company’s attention is assured that the matter will be fully and fairly investigated and that the complaint will be dealt with promptly, and in confidence to the maximum extent possible. Based on the investigation findings, if the Company finds that this Policy was violated, corrective action up to and including termination may result based on the severity of the offense.
4 Levy Restaurants/Compass Group USA Revised August 2017 2.7 GROWING WITH THE COMPANY Attracting, retaining, developing, and advancing qualified Applicants and Team Members is fundamental to the Company’s mission and vision. At Levy Restaurants we truly believe great people are the foundation to great service and great results!
Promotional, Lateral, and Transfer Opportunities. When possible and appropriate, Team Members are provided with opportunities for advancement and/or transfers within the Company.
How to Apply for a Position (Hourly and Salaried). Levy Restaurants has an internal job posting procedure where Team Members may apply for open positions throughout the Company. Job postings for available salaried exempt positions can be located online at www.altogethergreat.com.
Available hourly positions are posted within the account. If you have questions about where these postings are located, ask your Manager.
The Company requires that Team Members who apply for promotional, lateral, or transfer positions alert their current Manager in advance of applying.
Team Member Eligibility to Apply for Open Positions. To be eligible to apply for open positions, including lateral positions or transfers to a different account or sector, all Team Members must have received a “competent” or better rating on the last performance appraisal. Likewise, Team Members are ineligible to apply for open positions if they have received any form of formal written progressive counseling within six (6) months prior to applying.
Hourly Positions • There is no length of service requirement for hourly Team Members to apply for open positions.
Salaried Positions • Exempt Team Members: Please see your Sector Supplement for further information on length of service requirements. • Non-Exempt Team Members: Full and part-time salaried non-exempt Team Members must have completed twelve (12) months of service in their current position to be eligible to apply for open positions. This includes applying for promotional, lateral, or transfer positions.
Requirement if Selected for a Promotion, Lateral, or Transfer Position. If a Team Member is selected for a new opportunity, the Team Member may be required to undergo and pass a new Criminal History Background Check, especially if the Team Member is selected to work at a new account. Team Members who fail a Criminal History Background Check may be prohibited from starting the new position and the Team Member’s employment status may be subject to termination. Team Members may be subject to other Background Checks, including drug testing, depending on account, position, and federal, state, and local laws.
*Refer to the Levy Restaurants supplement for additional information
2.8 PERFORMANCE MANAGEMENT/CAREER DEVELOPMENT The Company believes it is important to recognize Team Members who are strong performers, and to offer appropriate suggestions to Team Members when performance improvement is necessary. Consistent with this goal, all Levy Restaurants Team Members will have their performance evaluated by management on an ongoing basis.
Performance Appraisals. Written performance reviews will generally be issued to hourly and salaried Team Members on an annual basis. All written performance reviews will be based upon the Team Member’s overall performance in relation to his/her job responsibilities and will also take into account his/her conduct, attitude, and unexcused absences and lateness.
5 Levy Restaurants/Compass Group USA Revised August 2017 Development Plans
• PDPs. Depending upon the current performance, the appraisal will include a Performance Development Plan (“PDP”). The PDP can be used for Performance Enhancement, Career Development, or Performance Improvement. Team Members with Performance Enhancement and/or Career Development needs will be involved in creating a PDP in conjunction with their Manager to meet performance and career goals. • Progressive Counseling. Team Members who fail to meet performance expectations may be placed on progressive counseling based on the level of severity of the action resulting in the policy violation and the specific situation. A Team Member who is issued progressive counseling for work performance concerns should always ask questions if he/she is uncertain of their work performance expectations or if they feel additional training is needed to complete their job duties competently. • Career Development. New Team Members will participate in an exciting learning process that begins with the first day of employment and continues throughout a Team Member’s career with the Company. To accomplish this, Levy Restaurants has developed multiple training systems that support the advancement of its Team Members and provide the necessary skills for Team Members to succeed. From on-the-job training to classroom instruction, the Company believes in investing in your future.
The Company encourages Team Members to take full advantage of training options and to ask questions at any time during training opportunities. If a Team Member ever feels he/she needs additional training to succeed in his/her position, the Team Member should let his/her Manager know or contact Human Resources.
*Refer to the Levy Restaurants supplement for additional information
2.9 NON-DISCLOSURE OF CONFIDENTIAL COMPANY INFORMATION While working at Compass Group and Levy Restaurants, Team Members will learn a lot about the Company and the ins and outs of its operations. Team Members are free to discuss any information that is already available to the public. Confidential Business Information remains confidential even after your employment with Compass Group and Levy Restaurants ends. Violations of this Policy may result in disciplinary action, up to and including termination of a Team Member’s employment.
What is Confidential Business Information. Confidential Business Information includes Compass Group and Levy Restaurants’ software, algorithms, computer processing systems and techniques, all financial records, files, memoranda, and reports including price lists and client lists, as well as trade secrets and all proprietary drawings, plans, sketches, documents and equipment, including compilations of that information. This also includes Confidential Business Information pertaining to any of Compass Group and Levy Restaurants’ customers, vendors, or clients. Confidential Business Information is and shall remain the sole property of the Company.
Do Not Disclose Confidential Business Information. As a term of employment and continued employment Team Members must: (i) protect and preserve the Confidential Business Information as confidential and not disclose any of the Confidential Business Information to any unauthorized person or entity; and (ii) not take or remove from the Company or otherwise retain any written or electronic copies of Confidential Business Information, except where expressly authorized to do so in the course of business for the Company.
Unauthorized use or disclosure of Confidential Business Information will cause irreparable harm to the Company. As such, Team Members who fail to abide by these terms may be subject to disciplinary action, up to and including termination of employment and possible legal action.
Confidential Business Information Following Separation from the Company. Upon Compass Group and Levy Restaurants’ request or at the end of a Team Member’s employment, he/she must return any documents, papers, or other materials in his/her possession containing or involving Confidential Business Information. Compass Group and Levy Restaurants retains ownership of work performed by its Team Members.
Non-Disclosure of Protected Health Information. Team Members working for the Company in a healthcare facility, may at times have access to client or patient Protected Health Information (“PHI”).
6 Levy Restaurants/Compass Group USA Revised August 2017 • What is PHI. PHI is individually identifiable health information that is created, transmitted, or maintained by the Company, or any of the Company’s clients, in any form or medium – electronic, oral, or written. PHI includes, but is not limited to: medical records and charts; hospital bills and claim forms; special dietary needs; prescriptions and lists of medications; lists of patients; manuals prepared by the Company or any affiliated entity; and any individual identifiable health information protected by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), or any other federal, state, or local law.
• Agreement to Not Disclose PHI. All Team Members of the Company must agree as a term of employment and continued employment to: (i) not use or disclose any PHI to which Team Members may have access unless such use or disclosure is approved by the Company and is necessary to perform work-related job duties; (ii) not remove or take from the Company PHI in any form; and (iii) report any unauthorized use or disclosure of PHI, including inadvertent or knowing disclosures by yourself or other Team Members.
2.10 DRUGS AND ALCOHOL Compass Group and Levy Restaurants are dedicated to providing its Team Members with a safe and healthy work environment. In order to provide such an environment, the Company has made a commitment to be an alcohol and drug- free workplace.
What Is an Alcohol and Drug-Free Work Environment. Compass Group and Levy Restaurants will not allow any of its Team Members to use, buy, sell, give, or have in their possession any illegal drug(s) or drug paraphernalia at work or outside of work. Possession of controlled substances will only be permitted when accompanied by a current, valid physician’s prescription, or as otherwise allowed by federal, state, or local law. This applies to Team Members traveling for Company business, Team Members using Company vehicles (including leased or rental vehicles), and to those Team Members using personal automobiles for Company business. In addition, no Team Member shall work or report to work while under the influence of alcohol or any illegal drug. These requirements are in place to ensure that the safety of all Team Members remains a top priority. Failure to follow these requirements may result in disciplinary action, up to and including termination.
No alcoholic beverages may be brought onto or consumed on Company or client property unless the Company has given its approval in advance of consumption. Similarly, alcoholic beverages may not be consumed in vehicles which the Company owns, leases or rents, and/or in personal automobiles used for Company business. Team Members are prohibited from operating a vehicle while under the influence of alcohol. No Team Member shall work or report to work while under the influence of alcohol.
The Company’s Right to Request Reasonable Suspicion Alcohol or Drug Testing. If the actions or appearance of a Team Member reasonably suggests that he/she is working while under the influence of alcohol, illegal drugs, or prescription drugs that impair him/her, the Company may request the Team Member to submit to a drug or alcohol test. Refusal to take such a test may result in disciplinary action, up to and including termination. Positive test results may also result in disciplinary action, up to and including termination. The Company will comply with federal, state, and local laws regarding such testing. Where federal, state, and local laws place restrictions on drug and alcohol testing, the Company will adhere to such laws.
Certain sectors, units, and/or job positions may also require Team Members to submit to other forms of drug and alcohol tests, such as random or periodic testing. All such drug and alcohol tests will be conducted in compliance with federal, state, and local law. For questions about sector, account, or job specific testing requirements, contact your Manager.
*Refer to the Levy Restaurants supplement for additional information
2.11 TOBACCO FREE WORKPLACE Compass Group and Levy Restaurants are proud to be a tobacco free workplace. The use of tobacco in any form is not allowed inside the Company’s corporate, division, regional, and branch offices. This includes, but is not limited to, cigarettes, e-cigarettes, chewing tobacco, tobacco pipes, and cigars. Use of tobacco is only allowed during normal breaks or during scheduled meal periods. Tobacco use may be permitted in designated outdoor areas, only when such use does not interfere with the Company’s customers or workplace operations.
7 Levy Restaurants/Compass Group USA Revised August 2017 Since most Team Members work on client premises, Team Members may also be subject to account specific rules on tobacco use. Team Members who travel to different accounts are subject to client specific rules on tobacco use. Where federal, state, and local laws place additional restrictions on tobacco use in the workplace, the Company will adhere to such laws.
2.12 RIGHT TO INSPECT/WORKPLACE SEARCHES Intent. In order to ensure the safety and well-being of our Team Members, clients, customers, and the Company, Compass Group and Levy Restaurants reserve the right to conduct reasonable inspections of Company and Team Member property. This Policy is implemented to help prevent the possession, sale, and use of illegal drugs and/or weapons in the workplace, to address situations of possible theft of Company and/or Team Member property, and to enhance the spirit and intent of the Company’s Drugs and Alcohol Policy.
Reasonable Searches & No Team Member Expectation of Privacy. All Team Member offices, desks, files, lockers, uniforms; or any other possessions, including purses, handbags, briefcases, backpacks, lunch boxes, or other possessions or articles carried into the workplace are subject to search unless otherwise prohibited or restricted by any federal, state, or local law. Team Members should have no expectation of privacy for property brought into the workplace. As such, Team Members should not bring anything to work that violates Company Policy.
Technology Services. Further, Team Members who have access to Company technology and technology systems (“technology services”), such as computers, computer accounts, e-mail, Internet, telephones, cell phones, and other communications technology services shall not have an expectation of privacy when using Company technology services. The Company’s technology services are the property of the Company. As such, the Company reserves the right to monitor Team Member use of technology services at any time. Team Members’ use of such technology services is a privilege, not a right, and such privilege may be revoked at any time. Inspections and electronic monitoring may be done at any time and at the Company’s sole discretion, unless otherwise prohibited or restricted by any federal, state, or local law.
Failure to Cooperate and Other Policy Violations. Team Members who refuse to cooperate with a reasonable inspection may be subject to disciplinary action, up to and including termination. Likewise, Team Members who after inspection are believed to have violated Company policy, may be subject to disciplinary action, up to and including termination.
To ensure compliance with all federal, state, and local laws, Managers are required to contact Human Resources prior to conducting any search of Team Member or Company property and/or technology services.
2.13 CONFLICT OF INTEREST/EMPLOYMENT OUTSIDE THE COMPANY The Company respects that a Team Member’s personal activities outside working hours are a private matter. The Company’s primary concern is to avoid direct and indirect conflict of interests and the effect outside commercial activities may have on a Team Member’s job performance with the Company.
It is the policy of the Company that all Team Members may engage in work outside of the Company provided this work does not interfere with the Team Member’s job performance at the Company, is not detrimental to the Company’s best interest, and does not create a conflict of interest or the appearance of a conflict of interest. During working time and in working areas, Compass Group Team Members must refrain from conducting any non-Compass Group business or commercial activities.
Hourly Team Members. If an hourly Team Member seeks to work outside of Compass Group with the intent of remaining employed, the Team Member must request written approval from his/her Regional Vice President.
Salaried Team Members. If a Team Member is employed for the client at the account where the Team Member works for the Company, the Team Member must alert his/ her Manager of this employment relationship.
Failure to adhere to the above may result in progressive counseling, up to and including termination. Depending upon the circumstances and nature of the infraction, the Company reserves the right to seek any further relief it deems necessary.
8 Levy Restaurants/Compass Group USA Revised August 2017 3. COMPENSATION
2.14 EMPLOYMENT OF RELATIVES The Company has found that when family members or relatives work together in the same account, department, or reporting chain, unintended misunderstandings and other difficulties may arise, including the perception of favoritism or conflicts of interest.
In light of these concerns, the Company has established guidelines for the employment of relatives. Team Members may not hire or supervise a relative and may not be in any position that allows for direct or indirect influence over their relative’s status. The employment of relatives is generally discouraged. This includes, but is not limited to, disciplinary and/or audit responsibilities. A relative is defined as the following: established by blood, marriage (“in-law” or “step” relationships) or other legal action, including parents, legal guardians, domestic partners, children, brothers, sisters, spouses, grandparents, grandchildren, cousins, aunts, uncles, nieces, and nephews.
This Policy is not intended to cause undue hardship to Team Members where such a situation currently exists; therefore, this Policy is not retroactive. Where situations are identified or develop through marriage or the establishment of a domestic partner relationship, action may be taken to transfer one of the affected Team Members at the earliest opportunity. If this is not possible, other remedies may become necessary. Team Members must disclose a marriage or domestic partner relationship with another Levy Restaurants Team Member at the time the relationship ensues to ensure consistency with this Policy. Team Members are to direct questions about this Policy to Human Resources.
This policy also applies to non-employment-related situations, such as the use of not-for-profit groups in Levy Restaurants sports and entertainment environments, or in granting contracts to any organization with which a relative is employed or associated, that would provide products or services to the Company. In these situations, written approval must be obtained before initiating any business dealings between the Company and the other party.
Failure to obtain approval in advance of any of the above mentioned business transactions may result in disciplinary action, up to and including termination.
3. COMPENSATION 3.1 CLASSIFICATION OF EMPLOYMENT Each Team Member is classified in one (1) or more of the following categories based on the terms and conditions of the Team Member’s employment and day-to-day job duties and responsibilities. It is important that Managers and Team Members understand their job classification as it impacts all Team Members’ benefits and pay with the Company.
Classifications Based on Hours Worked • Full-Time – Team Members hired to work at least thirty (30) hours per week on a regular basis. Full-Time Team Members may be “non-exempt” or “exempt.” • Part-Time – Team Members hired to work on average less than thirty (30) hours per week on a regular basis. Part-time Team Members may be “non-exempt” or “exempt.” • Temporary – Team Members hired by the Company to work on specific assignment(s) or to work for a pre-determined period of time, normally no longer than six (6) consecutive months. This includes seasonal workers, i.e., Team Members hired to cover the holiday period. Temporary Team Members may be “full-time” or “part-time,” and may be “non- exempt” or “exempt.” • On-Call – Team Members hired to work on an “as needed basis,” based on the monthly, weekly, and daily operational needs of the business.
Classifications for Overtime Pay (Non-Exempt vs. Exempt) • Non-Exempt (Typically Hourly) – Non-exempt Team Members are required to be paid overtime at the rate of one and one-half times their regular pay rate for all hours worked in excess of forty (40) hours in a workweek or as required by applicable state or local law. The Company will also comply with any state or local law requiring daily overtime. Non-exempt Team Members are required to track all hours worked in a workweek and/or day to ensure proper compensation is received (regular and overtime pay). Non-exempt Team Members may be considered “salaried” or “hourly.”
9 Levy Restaurants/Compass Group USA Revised August 2017 • Exempt (Typically Salaried) – Exempt Team Members are not required to be paid overtime in accordance with applicable federal and state wage and hour laws for work performed in excess of forty (40) hours in a workweek. Exempt status is determined by criteria set forth in the Fair Labor Standards Act (“FLSA”) and other applicable state and local laws and is not based on the Team Member’s capabilities, experience, length of service, or job title.
3.2 INTRODUCTORY PERIOD Not applicable to Levy Restaurants Team Members except as required by applicable Collective Bargaining Agreement.
3.3 PROPER RECORDING OF ALL HOURS WORKED It is the policy of the Company that all hours worked must be properly recorded by all hourly and salaried non-exempt Team Members in accordance with federal, state, and local law. The Company places the highest priority on proper record keeping to ensure that hourly and salaried non- exempt Team Members are properly compensated for their hard work on the Company’s behalf.
Off the Clock Work is Strictly Forbidden. It is never acceptable for an hourly or salaried non-exempt Team Member to perform work on the Company’s behalf without being clocked in and paid for his/her time worked. This includes, but is not limited to: taking phone calls and checking email from home, taking home manuals to read for business purposes, coming in early to check out assignments before clocking in, coming in early to get work areas set up prior to shift start, or working off the clock to finish a task, etc.
Time Report Correction. Where a Team Member fails to clock in or out, or otherwise incorrectly records his/her hours, the Team Member must immediately alert a Manager. Writing over information on timecards, or changing time clock punches is not permitted by a Team Member without Manager approval and signature. Time Correction Forms should be used by Managers and Team Members when making any time correction. Regularly failing to properly record time worked may result in progressive counseling up to and including termination.
Falsifying Time Records. Falsifying or altering time records, or completing the time record of another Team Member, is a serious offense that is grounds for progressive counseling, up to and including termination of employment.
Progressive Counseling Guidelines for Violations of this Policy. Violations of this Policy by any level of Team Member may result in progressive counseling, up to and including termination of employment.
3.4 MEAL PERIODS, REST BREAKS, AND OTHER COMPANY APPROVED BREAKS It is the policy of the Company to provide Team Members with Meal Periods, Rest Breaks, and other Company approved breaks during the course of each workday in compliance with this Policy and all federal, state, and local laws. The Company recognizes that Team Members work hard and deserve periodic breaks to rest, refuel, and handle personal matters.
Meal Periods
When A Team Member Should Receive a Meal Period: All hourly and salaried non-exempt Team Members that work more than five (5) consecutive hours during a workday should receive an unpaid, thirty (30) minute uninterrupted Meal Period. Managers should make a good faith effort to schedule a Team Member’s Meal Period near the middle of the Team Member’s workday when business needs allow.
What is a Meal Period: A Meal Period is a thirty (30) minute unpaid period when Team Members must be relieved of all work duties. A Team Member is not considered relieved of work duties if he/she is required to perform any work- related job functions while on a Meal Period or if his/her period is interrupted in any manner for work-related reasons. All Meal Periods must be recorded on time records.
Meal Period Pay: Meal Periods taken in compliance with this Policy are unpaid, unless the location specific guidelines state otherwise. In locations where there are no applicable Meal Period laws, Team Members are not entitled to receive a “pay out” if a Meal Period cannot be scheduled in compliance with this Policy. The Company complies with all federal, state, and local laws regarding Meal Periods.
10 Levy Restaurants/Compass Group USA Revised August 2017 Meal Period Grace Periods: A Meal Period Grace Period is a set number of minutes that Team Members are provided at the end of a Meal Period before they are considered to have returned late from the Meal Period. All hourly and salaried non-exempt Team Members should be trained by management on their account-specific Grace Period.
Rest Breaks
Who Should Receive Rest Break(s) & How Often: All hourly and salaried non-exempt Team Members should receive paid Rest Breaks for every four (4) hours of work. When business needs allow, Rest Breaks should be provided in the middle of the four (4) hours.
What is a Rest Break: A Rest Break is a scheduled ten (10) minute or longer paid period of time in which a Team Member must be relieved of all work duties. Because Rest Breaks are short, Team Members generally may not leave the work site without prior approval from their Manager.
Rest Break Pay: Team Members are paid for Rest Breaks. As such, Team Members should not “clock out” for Rest Breaks or otherwise record Rest Breaks on their time records. Team Members are not eligible for a “pay out” for Rest Breaks that are not received (for whatever reason) unless otherwise required by applicable law. Team Members should immediately alert Management if a Rest Break is not received so it can be rescheduled during the applicable shift and timeframe.
Team Members May Not Work Through Meal Period or Rest Breaks. Team Members may not work through their Meal Period or Rest Breaks in order to leave earlier than their normal quitting time, to make up missed work time or time lost due to tardiness and leaving early, to gain overtime pay, and/or to increase the overall length of another break period.
Manager Should Arrange a Designated Area for Meal Periods and Rest Breaks. Team Members should have an area designated away from their work area to take breaks. This could be a specific break area designated for sitting and eating and/or taking a coffee break, the cafeteria, or a shared employee area for Team Members where they are not interrupted by work (i.e. telephone ringing or pager going off).
Team Member Responsibilities. It is the Team Member’s responsibility to accurately record all Meal Periods received on his/her time record. If a Team Member does not receive a full, thirty (30) minute uninterrupted, off-duty Meal Period or full ten (10) minute Rest Break because the Team Member was required to perform work, the Team Member is responsible for immediately reporting this to his/her Manager. This will allow the Manager to make a good faith effort to reschedule the Meal Period or Rest Break and ensure the Team Member is paid properly for all time worked. If a Team Member does not inform his/her Manager, the Company will interpret this to mean the Team Member chose, without business necessity, not to take his/her full Meal Period or Rest Break.
California Team Members should refer to the Handbook Supplement and the Meal Period and Rest Break Policy for California Team Members Summary for information regarding Meal Period and Rest Breaks. If a Team Member’s Manager has not provided him/her with this Summary, the Team Member should contact management or Human Resources to obtain a copy.
Breaks for Drivers of Commercial Motor Vehicles. The Company provides all required breaks to drivers of commercial motor vehicles in compliance with the Federal Motor Carrier Safety Regulations in Section 395.
Compliance with All Federal, State, and Child Labor Laws. The Company complies with all federal, state, local, and child labor laws governing Meal Periods and Rest Breaks for Team Members. Where any applicable law imposes more stringent guidelines regarding length and frequency of breaks, etc., the Company will comply with such provisions.
Progressive Counseling Guidelines for Violations of this Policy. A Team Member may be subject to progressive counseling under the Company’s Attendance Policy when the Team Member (without Manager approval) fails to follow the proper Meal Period and Rest Break procedures. This includes, but is not limited to: (1) failing to take a Meal Period/Rest Break on time (as scheduled by management); (2) taking a short or long Meal Period outside of the account’s Grace Period; (3) skipping a Meal Period/Rest Break; or (4) not properly recording Meal Periods on time records.
11 Levy Restaurants/Compass Group USA Revised August 2017 4. BENEFITS
Adequate Training and Notice Requirement. All Team Members should receive training and notice about the importance of following proper Meal Period and Rest Break procedures. As such, the progressive counseling steps outlined in this Policy and the Company’s Attendance Policy should not be administered until there is: (1) documentation that the Team Member was trained on this Policy; and (2) the Team Member receives a documented verbal warning about the need for future compliance. If despite this notice and training a Team Member fails to abide by the procedures outlined in this Policy, the Team Member may be subject to disciplinary action for each violation (as fully defined and described in the Company’s Attendance Policy).
3.5 OVERTIME PAY From time to time, Team Members may be requested to work overtime depending on business needs. A Team Member’s Manager will make every effort to provide reasonable notice of any overtime that may be required. In certain circumstances, however, advance notice of overtime may not always be possible.
Hourly and salaried non-exempt Team Members will be paid at a rate of one and one-half times their regular pay rate for all hours worked over forty (40) in a workweek (excluding holidays and any paid time away from work), or as required by state or local law. The Company will also comply with any state or local law requiring daily overtime.
Working overtime is only permitted with prior approval from a Team Member’s Manager. In the event an hourly or salaried non-exempt Team Member works overtime without prior authorization, he/she will be paid overtime compensation for all hours worked over forty (40) hours in a workweek (or as otherwise required by state or local law), but may be subject to disciplinary action, up to and including termination.
4. BENEFITS 4.1 FAMILY AND MEDICAL LEAVE Compass Group and Levy Restaurants provide unpaid leaves of absence (“Leave”) to Team Members who meet eligibility requirements in accordance with the Family and Medical Leave Act of 1993, as amended by the National Defense Authorization Act (“FMLA”).
Definitions. • Covered Family Member (for Basic FMLA): 1. Team Member’s biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person assuming parental responsibility for a child that is: a) under the age of eighteen (18), or b) age eighteen (18) or older if they are incapable of self-care because of a mental or physical disability that limits one or more of the major life activities as defined under the Americans with Disabilities Act at the time that the FMLA Leave is to commence; 2. Team Member’s biological, adoptive, step or foster mother or father, or any other individual who assumed parental responsibility when the Team Member was a child (does not include parents “in law”); and 3. Team Member’s spouse (as recognized under the law of the state or country where the marriage was entered into) including same-sex and common law marriages.
• Covered Family Member (for Military FMLA): Team Member’s biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person assuming parental responsibility for a child that is the son or daughter of a Covered Servicemember or a son or daughter on covered active duty or call to covered active duty status; Team Member’s biological, adoptive, step or foster mother or father, or any other individual who assumed parental responsibility when the Team Member was a child (does not include parents “in law”); and Team Member’s spouse (as recognized under the law of the state or country where the marriage was entered into) including same-sex and common law marriages.
• Serious Health Condition (for Basic FMLA): An illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a healthcare provider for a condition that either prevents a Team Member from performing the functions of his/her job, or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three (3) consecutive calendar days combined with
12 Levy Restaurants/Compass Group USA Revised August 2017 at least two (2) visits to a health care provider, or one (1) visit and regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition. Other conditions may also meet the definition of continuing treatment.
• Covered Servicemember (for Military FMLA): Is 1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or 2) a veteran who was discharged or released under conditions other than dishonorable at any time during the five (5)- year period prior to the first date the eligible Team Member takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness.
• Serious Injury or Illness (for Military FMLA): A condition incurred by a Servicemember in the line of active duty that may cause the Servicemember to be medically unfit to perform the duties of his or her office, grade, rank, or rating. A serious injury or illness also includes injuries or illnesses that existed before the Servicemember’s active duty and that were aggravated by service in the line of duty on active duty.
• Qualifying Exigencies (for Military FMLA): Includes activities such as short-notice deployment, military events, arranging for alternative childcare, making financial and legal arrangements related to the deployment, rest and recuperation, counseling, parental care, and post-deployment reintegration debriefings.
How to Apply for a Company Approved FMLA Leave. To apply for a Company approved FMLA Leave, Team Members should contact the Leave of Absence Department at 877-311-4747, option 2. Team Members should also alert their management team that they are seeking a Company approved Leave and the period of time for which the Leave is sought. Team Members do not need to disclose to management the reason for the Leave, only that a Leave has been requested and the anticipated period of the Leave.
Upon a Team Member’s request for FMLA Leave, the Team Member will receive a letter from the Company’s Leave of Absence Department indicating the Team Member’s rights and responsibilities under FMLA, whether the Team Member is eligible for FMLA, and if the Team Member is not eligible for FMLA Leave, the reason(s) why. The Company will also inform Team Members when their time away from work is being designated as FMLA and will count against the Team Member’s FMLA entitlement. Likewise, anytime a Team Member’s time away from work is not FMLA protected, the Company will notify the Team Member.
Eligibility. To be eligible for an FMLA Leave, a Team Member must have: 1. worked for the Company for at least twelve (12) months in the proceeding seven (7) years; and 2. have worked at least 1,250 hours prior to the commencement of the leave in a rolling calendar year.
Reasons For FMLA Leave. Pursuant to FMLA, the Company provides eligible Team Members with Leave for the following reasons:
• For Basic FMLA: 1. For a Team Member’s incapacity due to pregnancy, prenatal medical care, or child birth; 2. To care for a Team Member’s child after birth, or placement of a child into a Team Member’s family by adoption or by a foster care arrangement (within the first twelve (12) months of the birth or after placement of the child); 3. To care for a Team Member’s spouse, child, or parent who has a serious health condition; 4. For a serious health condition, which includes work-related injuries and illnesses, that makes a Team Member unable to perform his/her job duties;
• For Military FMLA: FMLA Leave is also available to eligible Team Members in connection with certain service-related medical and non-medical needs of family members. Military FMLA Leave may be taken for the following reasons:
5. When an eligible Team Member needs to tend to certain “qualifying exigencies” arising out of the covered active duty or call to covered active duty status of a military family member (spouse, child, or parent), the Team Member may use his/her twelve (12)-week leave entitlement to address matters such as attending certain
13 Levy Restaurants/Compass Group USA Revised August 2017 military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings. 6. To care for a covered Servicemember who is a spouse, child, parent, or next of kin with a serious injury or illness.
Maximum FMLA Leave Time Period. • Basic FMLA. Eligible Team Members shall be provided with up to twelve (12) weeks of unpaid Leave in a rolling twelve (12) month period measured backward from the first day of the scheduled Leave. However, if a Team Member and his/her spouse both work for the Company and both seek FMLA Leave for the birth, adoption, or foster care of a child, or to care for a parent, they are only entitled to take a combined total FMLA Leave of twelve (12) weeks for those reasons.
• Military FMLA. Eligible Team Members shall be provided with twelve (12) weeks to address certain qualifying exigencies (reason #5). Eligible Team Members will be provided with up to twenty-six (26) weeks of unpaid Leave in a twelve (12) month period to care for a covered Servicemember (reason #6). The twelve (12) month period begins on the fi day the Team Member takes Leave for this reason, and ends twelve (12) months later. Leave to care for an injured or ill Servicemember, when combined with FMLA Leave for a different qualifying reason, may not exceed twenty-six (26) weeks in a twelve (12) month period and Basic FMLA Leave may not constitute more than twelve (12) of the twenty-six (26) weeks.
Intermittent Leave. Basic and Military FMLA Leave may be taken intermittently. This means that Team Members may take FMLA Leave in multiple, smaller blocks of time when necessary. If a Team Member requires multiple periods of Leave for planned medical treatment (ex. physical therapy), the Team Member must try to schedule the treatments at a time that minimizes the disruption to the Team Member’s work schedule.
When a Team Member applies for Intermittent FMLA Leave, the Team Member should clearly express his/her request that the Leave be intermittent in nature. Medical documentation will be required to clearly state why ongoing Intermittent FMLA Leave is medically necessary.
Notice Requirements. Team Members requesting Basic or Military FMLA Leaves must provide thirty (30) days of advance notice if the need for Leave is foreseeable (such as an expected birth or planned medical treatment for a Team Member or his/her family member). If the need for Leave is unforeseeable, the Team Member must notify his/her Manager or the Leave of Absence Department as soon as practicable based on the circumstances. Failure to follow these notice requirements is grounds for Levy Restaurants to delay granting or to deny a Team Member’s request for FMLA Leave.
Call-Out Procedure. If a Team Member is on Intermittent FMLA or unforeseen continuous FMLA Leave is being requested, the Team Member must follow the Company’s and the account’s established Call-Out Procedure. When a Team Member is going to miss all or part of his/her scheduled shift, communication with management about the time away is of utmost importance to ensure proper staffing and coverage is in place.
Failure to follow established Call-Out Procedures, absent unusual circumstances, will be considered a Work Rule Policy violation and may result in progressive counseling, up to and including termination. A Team Member should also contact his/ her Manager with questions regarding the account specific Call-Out Procedure.
Certification Requirements. If the requested FMLA Leave is related to the Team Member’s own serious health condition, or the serious health condition of a Team Member’s family member or covered Servicemember, the Team Member must provide medical certification from a healthcare provider supporting the need for FMLA Leave. The medical certification form will be provided to Team Members by the Company’s Leave of Absence (“LOA”) Department upon learning of a Team Member’s need for Leave. A Team Member may provide documentation from the DOD, VA, TRICARE or from a healthcare provider to support the need for leave to care for a Servicemember. The Company requires Team Members to return Medical Certification to the Company by the deadline specified on the Medical Certification request that is sent to the Team Member.
Failure to provide the requested medical certification in a timely manner may result in denial of Leave or other adverse employment consequences. If emergent or exigent circumstances prevent timely delivery of the medical certification, the Leave of Absence Department must be notified as soon as possible.
14 Levy Restaurants/Compass Group USA Revised August 2017 Levy Restaurants may require a second opinion from a doctor that the Company selects. If it becomes necessary to settle a conflict between the original certification and the second opinion, the Company may require the opinion of a third doctor. In these cases, the second and third opinions would be paid for by Levy Restaurants.
Use of Vacation/Sick/Floating Days While on FMLA Leave. Team Members have the option of using accrued but unused vacation time, paid time off (PTO), or paid sick days, during a Company approved FMLA Leave. PTO and Vacation Time cannot be used as a means to extend the Leave.
Team Member Benefits during FMLA Leave. • Health Insurance Plans. Team Members approved for FMLA Leave will maintain their existing group insurance coverage on the same terms as if the Team Member was still working. This means that Team Members on approved FMLA Leaves must pay their health plan premium contributions on a timely basis during the period of FMLA Leave (the same as if the Team Member was still working). A Team Member will be required to pay the same premium amount that the Team Member contributed to his/her healthcare plan before the Team Member went on approved FMLA Leave. If a Team Member does not pay his/her share of the health insurance contribution, it may result in loss of coverage.
If a Team Member does not return to work after the end of FMLA Leave, he/she will be required to reimburse Levy Restaurants for any premium paid by the Company, unless the failure to return to work was because the Team Member, or the Team Member’s covered family member or Servicemember, has a continuation, recurrence, or onset of either a serious health condition or for reasons beyond the Team Member’s control.
• PTO, Vacation Pay, Sick Pay, Pension, Car Allowance. During an approved FMLA Leave, a Team Member will not accumulate employment benefits such as vacation pay, sick pay, pension, PTO or any other benefits. These benefits will accumulate up to the day on which the FMLA Leave begins and will not be lost by the use of an approved FMLA Leave. Car allowances will also not be paid during the Leave period. To the extent this provision conflicts with any state or local law, the Company will adhere to the applicable law.
Return to Work. If a Team Member returns to work from an approved FMLA Leave either before or on the business day following the depletion of his/her leave time bank (twelve (12) or twenty-six (26) weeks depending on the reason for the FMLA Leave), the Team Member will be returned to his/her previous job or an equivalent position with equivalent pay and benefits.
A Team Member returning from an FMLA Leave due to his/her own serious medical condition, illness, or injury, may be required to provide a note from his/her healthcare provider indicating the Team Member is “fit for duty” and whether the Team Member has any work restrictions.
Consequences of Failing to Return from an Approved FMLA Leave. If a Team Member fails to return from an approved FMLA Leave and is not qualified for any other Company approved leave programs, the Team Member will be considered to have voluntarily resigned his/her position. To the extent a state or local law provides for further benefits to Team Members than those offered by the Company, the Company will comply with such laws.
If a Team Member needs additional leave time to due to his/her own serious medical condition, the Company encourages the Team Member to apply for Americans with Disabilities Act (“ADA”) Leave.
Fraud. Providing false or misleading information or omitting material information in connection with an FMLA Leave may result in disciplinary action, up to and including immediate termination.
No Discrimination/Retaliation. The Company strictly forbids interference with a Team Member’s FMLA rights and discrimination, harassment, and/or retaliation against any Team Member who exercises his/her FMLA rights.
If a Team Member believes his/her FMLA Leave has been interfered with, or that he/she has been discriminated, harassed, and/or retaliated against due to exercising his/her FMLA rights, the Team Member should immediately alert his/her Manager, the Leave of Absence Department at 877-311-4747, option 2, or Human Resources.
15 Levy Restaurants/Compass Group USA Revised August 2017 Adherence to All Applicable Laws. In addition to FMLA Leave, the Company provides all other leaves mandated by state or local laws. For those state or local laws allowing for additional Leave for pregnancy and pregnancy-related conditions, or for other medical issues, Team Members should consult with the LOA Department for additional information. When a Team Member applies for an FMLA Leave, the Company will evaluate the Team Member under any applicable federal, state, or local leave laws.
4.2 PREGNANCY REASONABLE ACCOMMODATION LEAVE Compass Group and Levy Restaurants provide reasonable accommodations to qualified Applicants or Team Members whose ability to perform their job functions is limited by pregnancy, childbirth, pregnancy-related medical conditions, or breastfeeding. The Company will engage in an interactive process with any Applicant or Team Member that requests a pregnancy-related reasonable accommodation under this Policy. Requested pregnancy accommodations will be granted if they are reasonable and do not result in an undue hardship to the Company. Requests for a pregnancy accommodation will be evaluated on a case-by-case basis.
Workplace Reasonable Accommodations. • Pregnancy Workplace Accommodation. If a Team Member needs a pregnancy-related workplace accommodation, including but not limited to: modified duty work assignment, more frequent or additional breaks, assistance with lifting or carrying, modifications to equipment or assigned duties, or temporary transfer to another position, the Team Member should contact Human Resources.
• Lactation Reasonable Accommodation. The Company will also provide reasonable break times for Team Members to express breast milk for nursing a child. If a Team Member needs such a break, the Team Member should alert their manager or Human Resources, who will work to find a place for these breaks that is private in nature and free from the view of co-workers and the public. The Company will abide by all state and local laws on lactation breaks where applicable.
• Documentation Supporting Need for a Workplace Accommodation. All Applicants and Team Members requesting a reasonable accommodation under this Policy may be required to provide documentation from a healthcare provider establishing the medical necessity of a reasonable accommodation for pregnancy, childbirth, a related medical condition, or breastfeeding.
Leave as a form of Reasonable Accommodation. • Pregnancy Reasonable Accommodation (“PRA”) Leave. As an accommodation, the Company will provide qualified Team Members who are unable to work due to their own medical condition related to pregnancy or childbirth, an unpaid leave of absence for the period of medical incapacitation if the period is reasonable and does not result in an undue hardship for the Company. This leave will be referred to as the Pregnancy Reasonable Accommodation Leave (“PRA”). PRA Leave may be continuous or intermittent in nature based upon the medical needs of the Team Member.
Team Members eligible for Family and Medical Leave Act, Americans with Disabilities Act, or other state or local leave laws will be granted time away from work under those laws first, before being reviewed for eligibility under this Policy. The Company will consider a Team Member’s total time out of work (under all Company leave programs) when determining if additional leave is reasonable under this Policy.
How to Apply for PRA Leave. To apply for PRA Leave, Team Members should contact the Leave of Absence (“LOA”) Department at 1-877-311-4747, option 2. Team Members should also alert their management team that they are seeking a leave, and the period of time their medical provider is instructing them not to work. Team Members do not need to disclose to management the reason for the leave, only that a leave has been requested and the anticipated period of the leave.
Upon a Team Member’s request for leave under this Policy, the Team Member will receive a letter from the Company’s LOA Department indicating the Team Member’s rights and responsibilities under PRA Leave, whether the Team Member is eligible for PRA Leave, and if the Team Member is not eligible for PRA Leave, the reason(s) why.
Notice Requirements. Team Members requesting PRA Leave must provide thirty (30) days of advance notice if the need for Leave is foreseeable (such as an expected birth). If the need for Leave is unforeseeable, the Team Member must notify their
16 Levy Restaurants/Compass Group USA Revised August 2017 manager or the LOA Team as soon as practicable based on the circumstances. Failure to follow these notice requirements is grounds for the Company to delay granting or to deny a Team Member’s request for PRA Leave.
Call-Out Procedure. If a Team Member is on intermittent leave or unforeseen continuous leave is being requested, the Team Member must follow the Company’s and the account’s established Call-Out Procedure. When a Team Member is going to miss all or part of his/her scheduled shift, communication with management about the time away is of utmost importance to ensure proper staffing and coverage is in place.
Failure to follow established Call-Out Procedures absent unusual circumstances will be considered a Work Rule Policy violation and may result in progressive counseling, up to and including termination. A Team Member should also contact their manager with questions regarding the account specific Call-Out Procedure.
Certification Requirements. The Team Member must provide medical certification from a healthcare provider supporting the need for leave. The medical certification form will be provided to Team Members by the Company’s LOA Department upon learning of a Team Member’s need for leave. The Company requires Team Members to return Medical Certification to the Company by the deadline specified on the Medical Certification request that is sent to the Team Member.
Failure to provide the requested medical certification in a timely manner may result in denial of leave or other adverse employment consequences. If emergent or exigent circumstances prevent timely delivery of the medical certification, the LOA Department must be notified as soon as possible.
Use of Vacation/Sick/Floating Days on Leave. PRA Leave and accommodations that require Team Members to work a reduced work schedule or to take time off from work intermittently are unpaid. Team Members have the option of using accrued but unused vacation time, paid time off (PTO), or paid sick says, during the Leave. PTO and vacation time cannot be used as a means to extend the leave.
Team Member Health Insurance Plans-Medical, Dental, & Vision. Team Members approved for any official Company leave program, including FMLA, ADA, PRA, and state leave laws (excluding Military Leave), or a combination of these leaves will maintain their existing group insurance coverage on the same terms as if the Team Member was still working for up to six (6) months, as long as the Team Member pays their health plan premium contributions on a timely basis. A Team Member will be required to pay the same premium amount that the Team Member contributed to their healthcare plan before the Team Member went on approved Leave. If a Team Member does not pay their share of the health insurance contribution, it may result in loss of coverage. The six (6) month period counts time used under other leave programs within a rolling twelve (12) month period.
• After six (6) months of Leave. Team Members will have the opportunity to elect continued coverage under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”).
• If the Team Member does not Return to Work After Leave. If a Team Member does not return to work at the end of the Leave, they will be required to reimburse the Company for any premium(s) paid by the Company, unless the failure to return to work was because the Team Member has a continuation, recurrence, or onset of either a serious health condition or for reasons beyond the Team Member’s control. The Team Member will have the opportunity to elect continued coverage under COBRA.
PTO, Vacation Pay, Sick Pay, Pension, Car Allowance, Cell Phone/Smartphone Stipend. During an approved FMLA Leave, a Team Member will not accumulate employment benefits such as vacation pay, sick pay, pension, PTO or any other benefits. These benefits will accumulate up to the day on which the FMLA Leave begins and will not be lost by the use of an approved FMLA Leave. Car allowances and cell phone/Smartphone stipends will further not be paid during the Leave period. To the extent this provision conflicts with any state or local law, the Company will adhere to the applicable law.
Return to Work. If a Team Member returns from PRA Leave either before or on the business day following the last day of their approved leave, then the Team Member will be returned to their previous job with equivalent pay and benefits. However, the Team Member will not be entitled to any greater right to reinstatement than if they had not taken the leave. For example, if the Team Member would have been laid off regardless of the PRA Leave, or they would not have been offered a comparable position, then the Team Member will not be entitled to reinstatement.
17 Levy Restaurants/Compass Group USA Revised August 2017 Consequences of Failing to Return from an Approved Leave. If a Team Member fails to return from a PRA Leave and is not qualified for any other Company approved leave programs, the Team Member will be considered to have voluntarily resigned from their position. To the extent a state or local law provides for further benefits to Team Members than those offered by the Company, the Company will comply with such laws.
No Discrimination/Retaliation. The Company strictly forbids interference with a Team Member’s right to a reasonable accommodation and discrimination, harassment, and/or retaliation against any Team Members who exercise their rights under this Policy. Moreover, the Company prohibits requiring a Team Member to accept an accommodation if they do not need one and/or requiring a Team Member to take leave if another form of reasonable accommodation can be provided.
If a Team Member believes their right to a reasonable accommodation has been interfered with or that they have been discriminated, harassed, and/or retaliated against due to exercising their rights, the Team Member should immediately alert their manager, Human Resources, or the LOA Department at 1-877-311-4747, option 2.
Adherence to All Applicable Laws. In addition to PRA Leave, the Company provides all other leaves that are mandated by state or local laws. For those state or local laws allowing for additional Leave for pregnancy and pregnancy-related conditions, or for other medical issues, Team Members should consult with the LOA Department for additional information. When a Team Member applies for PRA Leave, the Company will evaluate the Team Member under any applicable federal, state, or local leave laws.
*California Team Members should refer to the Notice of Rights and Obligations as a Pregnant Employee applicable to Team Members at all California locations. If a Team Member’s Manager has not provided the Team Member with a copy of this Notice, the Team Member should contact management or Human Resources to obtain a copy.
4.3 ACCOMMODATIONS FOR INDIVIDUALS WITH DISABILITIES The Company will engage in the interactive process with any Applicant or Team Member that requests assistance or a reasonable accommodation under the Americans with Disabilities Act (“ADA”), or any other federal, state, or local law. The Company will make reasonable accommodations available whenever possible for all Applicants or Team Members with disabilities as defined by the ADA, provided that the individual is otherwise qualified to safely perform the essential job duties and assignments of the position without risk of harm to self or others, and that any accommodations would not result in undue hardship to the Company. Requests for accommodations are evaluated on a case-by-case basis. The Company further provides leave as a reasonable accommodation for Team Members with disabilities. ADA leaves are administered through the Company’s Leave of Absence department. Please contact your Manager, the Leave of Absence Department, or Human Resources if you have questions about this Policy.
4.4 MILITARY LEAVE Compass Group and Levy Restaurants take great honor in employing current and former members of Uniformed Services. We recognize that many of our Team Members serve in the National Guard or Reserve, and that as a result they may be called upon to serve on active duty in the uniformed services, and to participate in mandatory drill training. It is our policy to comply with both the letter and the spirit of all applicable laws, including the Uniformed Services Employment and Reemployment Rights Act (“USERRA”), and to encourage our Team Members to perform this important duty by ensuring that our policies facilitate the smooth transition into and out of active service.
This Policy is subject to all federal, state, and local laws. If any federal, state, or local law is more stringent than this Policy, the Company will comply with the applicable law. Pursuant to these laws, we prohibit any form of discrimination or retaliation towards a Team Member who serves or has served in the uniformed services of the United States, whether on active duty or in a reserve component. This policy of non-discrimination applies to all aspects of employment and advancement of employment.
What is USERRA. USERRA is a federal law that protects service members’ reemployment rights when returning from a period of service in the uniformed services, including those called up from the reserves or National Guard, and prohibits employer discrimination based on military service or obligation.
18 Levy Restaurants/Compass Group USA Revised August 2017 Who this Policy Applies To. For purposes of this Policy, “Uniformed Services” includes training or service with the Army, Navy, Marine Corps, Air Force, Coast Guard, Army National Guard, Air National Guard, Commissioned Corps of the Public Health Service, as well as the reserve components of each of these services. Additionally, “Uniformed Services” includes certain disaster response work (and authorized training for such work), as provided by the Public Health Security and Bioterrorism Response Act of 2002, and any other category of persons designated by the President of the United States in time of war or emergency.
All full-time and part-time Team Members, regardless of start date are eligible for Company approved Military Leave to perform Uniformed Services.
Notice of Military Leave. A Team Member requesting Military Leave must provide advance notice of his/her anticipated leave if they are able to do so. Team Members are expected to provide thirty (30) days advance notice of anticipated Military Leave when feasible, and are encouraged to provide as much additional notice of anticipated Military Leave as possible. Notice, along with a copy of any military orders or similar documentation, should be provided to a Team Member’s Manager and to the Leave of Absence Department.
How to Apply for a Company Approved Military Leave. To apply for a Company approved Military Leave, Team Members should contact the Leave of Absence Department at 877-311-4747, option 2. Team Members should also alert their management team that they are seeking a Company approved Leave and the period of time for which the Leave is sought. Upon a Team Member’s request for Military Leave, the Team Member will receive a letter from the Company’s Leave of Absence Department indicating the Team Member’s rights and responsibilities under USERRA.
Reemployment Rights. Under applicable federal, state, and local laws, a Team Member is entitled to certain reemployment rights upon return from an approved Military Leave, provided the Team Member: (1) provides advance notice of his/her anticipated uniformed services obligations; (2) is released from duty in the Uniformed Services under conditions that are not less than honorable; and (3) submits a timely application for reemployment. Team Members approved for Military Leave will receive specific information about what constitutes timely application for reemployment. If a Team Member has any questions about what is a timely application for reemployment, he/she should contact the Leave of Absence Department.
For further details regarding a Team Member’s rights and obligations under the Military Leave Policy, please contact the Leave of Absence Department.
4.5 BEREAVEMENT Compass Group and Levy Restaurants understand the importance of family and provides paid bereavement benefits to full-time and part-time Team Members. In the event of the death of a Team Member’s family member, Team Members are entitled to take paid bereavement to attend funeral services, to take care of personal matters, and to grieve.
Immediate Family Members. All full-time and part-time Team Members are entitled to up to three (3) consecutive working days of paid bereavement in situations involving the death of the Team Member’s immediate family member. If the funeral or other memorial service takes place more than 500 miles from the worksite, Team Members are entitled to up to five (5) consecutive working days of paid bereavement.
“Immediate Family” is defined as a Team Member’s parents or legal guardians, mother-in-law, father-in-law, spouse, domestic partner, children, brothers, sisters, grandparents, grandchildren, step-parents, step-children, step-brothers, step- sisters, parents of the Team Member’s domestic partner, and children of the Team Member’s domestic partner.
Extended Family Members. In the event of the death of a Team Member’s extended family member, all full-time and part- time Team Members are entitled to paid bereavement of one (1) working day. If the funeral or other memorial service takes place more than 500 miles from the worksite, Team Members are entitled to up to three (3) consecutive working days of paid bereavement.
“Extended Family” is defined as a Team Member’s brother-in-law, sister-in-law, daughter-in-law, son-in-law, aunt, uncle, niece, nephew, cousin, and siblings of the Team Member’s domestic partner.
19 Levy Restaurants/Compass Group USA Revised August 2017 Communicating with Management is Important. Before taking paid bereavement, Team Members must alert management of the need for time away and under what benefit they are requesting (Immediate or Extended Family).
Documentation. The Company reserves the right to request documentation establishing a Team Member’s attendance at a funeral or other memorial services and/or documentation of the Team Member’s relationship to the deceased.
4.6 JURY DUTY AND WITNESS TESTIMONY The Company recognizes the importance of civic responsibilities and the essential function that jurors play in the judicial system. As a result, the Company provides full-time and part-time Team Members selected for jury duty with paid and unpaid time away from work for this important civic service. This Policy is subject to all federal, state, and local laws. If any federal, state, or local law is more stringent than this Policy, the Company will comply with the applicable law.
Jury Duty Paid and Unpaid Time Away. Team Members selected for jury duty will be paid at their normal daily rate while serving on jury duty. The maximum amount of paid time away from work for jury duty is twenty (20) workdays in a rolling twelve (12) month period.
In the event that a Team Member’s juror service exceeds twenty (20) workdays in any rolling twelve (12) month period, the Company will provide the Team Member with unpaid time away from work. During this time, a Team Member’s existing benefits will continue subject to the Team Member’s premium contributions. Upon the completion of the required jury service, the Team Member will be reinstated to his/her same or similar position.
Witness Testimony. Any Team Member called to provide witness testimony will be granted unpaid time away from work to provide testimony or as otherwise required by federal, state, or local laws. Team Members may elect to use any accrued PTO or vacation time during their time away from work to provide witness testimony for non-work related matters.
Communicating with Management is Important. When a Team Member is called for jury duty or to provide witness testimony, the Team Member must immediately notify his/her Manager and provide proof of the requirement. No Team Member will be penalized under the Company’s Attendance Policy, however Team Members serving on jury duty must follow all call out procedures and remain in regular communication with their Manager about their anticipated return to work. Failure to follow call-out procedures could result in disciplinary action, up to and including termination.
Proof of Service. In order to be eligible for benefits under this Policy, the Company requires that a Team Member provide his/ her Manager with documentation establishing his/her required jury service or witness testimony.
No Retaliation. No Team Member will be retaliated against for fulfilling his or her obligations of jury duty or witness testimony. For questions regarding this Policy, Team Members should contact Human Resources.
4.7 TIME OFF TO VOTE The Company recognizes and encourages Team Members’ right to vote. To ensure Team Members have time to meet their civic responsibilities, the Company provides flexible scheduling to Team Members who cannot vote before or after regular work hours, or during their Meal Periods. If a Team Member needs time off to vote, the Team Member should make arrangements with his/her Manager. The Company requests Team Members provide management with advance notice of their need for time off.
Time off to vote is unpaid unless otherwise required by state or local law. Where federal, state, or local laws conflict with this Policy, the Company will comply with all applicable laws.
20 Levy Restaurants/Compass Group USA Revised August 2017 5. TEAM MEMBER CONDUCT
5. TEAM MEMBER CONDUCT 5.1 PERSONAL APPEARANCE AND HANDWASHING
PERSONAL APPEARANCE *Refer to the personal appearance guidelines in the Levy Restaurants supplement for additional information.
HAND WASHING The most important personal hygiene rule is proper hand washing. While this Policy is intended for Team Members working in foodservice, office and Home Office Team Members are also expected to practice good hand washing.
Wash hands before and/or after:
• Starting work; • Putting on gloves; • Touching hair, face, or body; • Sneezing or coughing; • Smoking, chewing tobacco, or chewing gum; • Eating or drinking; • Taking out garbage or disposing of trash; • Using the restroom; • Touching anything that may contaminate hands; • Switching from working with one food to another food; • Going from a nonfood preparation task to a food preparation task; • After cleaning a room or area; • Changing gloves; • Clearing tables or bussing, scraping, or washing dishes/utensils; and • Working with raw food.
General Hand Washing Requirements: Follow all legislative standards and recommendations regarding hand washing and hygiene.
1. Remove watch and jewelry before washing hands; 2. Keep clothing from touching sink; 3. Turn water faucet on and adjust temperature to comfortably warm water, and avoid splashing water; 4. Thoroughly wet hands and wrists; 5. Using plenty of soap, wash hands and wrists using a circular motion and FRICTION for 15 seconds. Be sure to wash all surfaces of hands including between fingers, wrists and backs of hands; 6. Rinse hands thoroughly with plenty of running water flowing from wrists to fingers; 7. Dry hands using a paper towel (not uniform or apron). When finished use towel to turn faucet off. This step avoids contact with the contaminated faucet handle after hands are washed.
Failure to follow the hand washing guidelines outlined above may result in progressive counseling, up to and including termination.
5.2 UNIFORMS It is extremely important to Compass Group and Levy Restaurants that the Company presents a professional image to clients and customers. To ensure this objective is met, Team Members are required to abide by the Company’s Uniforms and Personal Appearance and Hand Washing Policies.
Uniforms. Generally each account has a specific uniform requirement and policy. Account management will describe in detail the account’s specific policy during the on-boarding process.
Uniforms and name tags will generally be provided to Team Members by the Company upon hire. However, this may vary from account to account. Team Members who are issued uniforms must sign for each item issued, and all items are to be
21 Levy Restaurants/Compass Group USA Revised August 2017 returned to the Company upon separation without exception. Team Members will be charged for all uniform items that are not returned.
At the start of each shift, Team Members must be in their full uniform and the uniform must be clean, pressed, and neatly maintained. Torn, frayed, or patched clothing is not permitted at any time. Proper shoes are to be worn at all times and shoes must be maintained and polished. Likewise, all Company-issued personal protective equipment must be worn and used as directed.
All federal, state, and local laws regarding uniforms, including laundering of uniforms, will be followed by the Company. If a Team Member ever has any questions about the Company’s Uniform Policy or the account specific policy, the Team Member should speak with his/her Manager.
5.3 WORKPLACE SAFETY Team Member safety is a priority at Compass Group and Levy Restaurants, and the Company is committed to ensuring a safe workplace for all Team Members. The Company has an injury prevention program that includes job training and instruction on safe and healthy work practices. In addition, the Company has established procedures for investigating work-related incidents, and for identifying, evaluating, and correcting unsafe work conditions. Field Team Members will receive safety training and guidelines that detail their responsibilities for maintaining a safe work environment. A printed copy of the Company safety manual, which serves as a quick reference to the tools needed to operate a safe workplace, is maintained at all operating locations.
For the well-being of all Team Members, Team Members must report any workplace accidents and unsafe practices and conditions to their Manager immediately. Team Members may also report any unsafe practices and/or working conditions using any of the resources as outlined in the Company’s Open Communication Policy. By working together, the Company and its Team Members will all have a safe place to work.
All Company-mandated personal protective equipment must be worn/used as directed. Please refer to the Levy Restaurants supplement for additional information.
5.4 ATTENDANCE POLICY Compass Group and Levy Restaurants strive daily to provide quality services for its clients and customers. Every Team Member plays an important part in making this goal a reality. Unfortunately, when even one Team Member is absent, late, or leaves early from his/her scheduled shift, the Company’s ability to meet this goal is strained and fellow Team Members must work harder in order to try and achieve the quality services clients and customers deserve and have come to expect.
Policy Overview. The Company recognizes that there may be times when a Team Member cannot attend his/her scheduled shift because of an illness, emergency, or other rare set of circumstances. That is why the Company has identified excused and unexcused guidelines, progressive counseling procedures for unexcused absences, call out procedures, and how incidents of no-call, no-show should be incorporated into this Policy.
This Policy is broken up into the following five (5) sections. Please refer to each section for more information. 1. Excused Time Away from Work 2. Unexcused Time Away from Work 3. Progressive Counseling for Unexcused Time Away from Work 4. Call-Out Procedure: All Absences (Excused and Unexcused Absences, Lateness, or Leaving Early) 5. No Call, No Show
1. Examples of Excused Time Away from Work. There are times when a Team Member’s time away from a scheduled work shift (i.e. absence, lateness, breaks or early out) will be “Excused” based on the situation and/or reason for the Team Member’s time away. The following is a non-exhaustive list of events that are considered “Excused Time Away”: • Any requested time off from work that is approved by the Team Member’s Manager at least one (1) day in advance; this includes use of Holiday, Vacation, or Paid Time Off; • Time missed, excused by the Family Medical Leave Act (“FMLA”); • Time missed, excused by the Americans with Disabilities Act, as amended (“ADA”);
22 Levy Restaurants/Compass Group USA Revised August 2017 • Time missed, excused by Title VII of the Civil Rights Act of 1964, as amended (“Title VII”); • Time missed to attend court-mandated jury duty pursuant to the Jury Duty & Witness Testimony Policy; • Time missed for funeral/bereavement leave pursuant to the Bereavement Policy; • Time missed for military leave as excused by the Uniform Services Employment and Reemployment Rights Act (“USERRA”) pursuant to the Military Leave of Absence Policy; • Time missed pursuant to the Election Day Schedules Policy; • Time missed, excused by any other federal, state, or local law; or • Time missed expressly excused by any other Company, Sector, or account policy.
Points of Clarification about Excused Time Away from Work
• Documentation. The Company reserves the right to request medical or other documentation for a Team Member’s Excused Absence. Failure to provide documentation in a timely fashion may result in the missed time being deemed unexcused. • If a Team Member misses time away from work for any of the above Excused Absences, the Team Member’s absence will not result in performance counseling for violation of the Company’s Work Rules. • Follow Call-Out Procedure. Even when a Team Member’s time away from work is Excused, regardless if the time away is an absence, lateness, Meal Period and Rest Break Policy violation, or early-out, the Team Member must follow the account’s Call-Out Procedure. Failure to follow the Call-Out Procedure may result in performance counseling for violation of the Company’s Work Rules. • Inform Management the Time Missed May be “Excused.” If a Team Member believes his/her absence, lateness, Meal Period and Rest Break Policy violation, or early-out may be an Excused Absence, the Team Member is responsible for alerting his/her Manager.
2. Examples of Unexcused Time Away From Work. Unexcused Time Away may result in progressive counseling under this Policy in the following examples listed below. • An Absence that does not fall into one of the categories contained in the Excused Time Away Section of this Policy. • Not reporting to work at the scheduled shift’s start time if the Team Member fails to arrive within the specific deadline determined by the location. • Lateness that does not fall into the Excused Time Away Section of this Policy. Lateness is defined as clocking in or signing in past the scheduled shift’s start time and defined Meal Period Grace Period. • Early-Out that does not fall into the Excused Time Away Section of this Policy. Early-Out is defined as a Team Member leaving before the end of his/her scheduled shift without Managerial approval. • Failure to follow Meal Period and Rest Break protocols. This includes failing to take Meal Periods and/ or Rest Breaks on time (as scheduled by Management); taking short or extended Meal Periods and/or Rest Breaks; skipping Meal Periods and/or Rest Breaks without Manager consent; and not properly recording unpaid Meal Periods on time records. • No Call, No Show. Failure to report the absence at any time before or within the location’s specific cutoff time. This is considered a “No Call, No Show”. See section on No Call, No Show below.
3. Examples of Progressive Counseling for Unexcused Time Away From Work. Disciplinary Action. A Team Member with Unexcused Time Away may be subject to disciplinary action.
• Meal Period and Rest Break Policy Violations. Failure to follow the Company’s Meal Period and Rest Break Policy • Before a Team Member receives additional disciplinary action under this Policy for failure to follow the Company’s Meal Period and Rest Break Policy, there should be: (1) documentation that the Team Member was trained on the Company Meal Period and Rest Break Policy; and (2) the Team Member should ordinarily receive a documented verbal warning about the need for future compliance with the Meal Period and Rest Break Policy. • If despite this notice and training a Team Member fails to abide by the procedures outlined in this Policy, the Team Member may be subject to disciplinary action for each violation. • A violation is considered each workday that the Team Member fails to follow the Company Meal Period/ Rest Break Procedures.
23 Levy Restaurants/Compass Group USA Revised August 2017 • No Calls, No Shows may escalate the Progressive Counseling Process – see section below. • NOTE. In certain cases, depending on the circumstances, harsher disciplinary measures than those outlined may be warranted.
4. Examples of Call-Out Procedure for all Absences (Excused and Unexcused Absences, Lateness, or Leaving Early). When a Team Member is going to miss all or part of his/her scheduled shift, communication with management about the time away is of utmost importance. Advance notice provides the Company with at least an opportunity to try and find a substitute or otherwise plan on how to deal with being short staffed.
All Absences, Lateness, and Early-Outs Must be Communicated to Management. Whether the absence or lateness is excused or unexcused, the Team Member must call to report his/her absence or lateness unless he/ she is physically unable to do so. If the Team Member’s Manager is unavailable the Team Member may leave a recorded message or a message with another person, though the Team Member must call the Manager back the same day and discuss the absence with his/her Manager. This will ensure that the message has been received and gives the Team Member the opportunity to discuss with his/her Manager when he/she plans to return to work.
Failure to Follow Call-Out Procedures will be Considered a Policy Violation and may result in progressive counseling, up to and including termination. The Team Member should also check with his/her Manager about account specific Call-Out Procedures.
5. Examples of No Call, No Show. A “No Call, No Show” is when a Team Member fails to report for work and fails to report the absence to his/her Manager at any time before or within the first two (2) hours of the Team Member’s scheduled shift. • No Call, No Show. Any incident of No Call, No Show is subject to disciplinary action up to and including termination. • Two Consecutive No Call, No Shows. If a Team Member No Call, No Shows for two (2) consecutive scheduled work shifts, the Company will deem that the Team Member has chosen to resign his/her employment.
If a Team Member believes that his/her No Call, No Show was due to an emergency situation preventing him/ her from being able to call his/her Manager, the Team Member must alert his/her Manager of the situation in issue as soon as possible. The Company reserves the right to request documentation to support the emergency circumstance preventing a Team Member’s compliance with the Call-Out Procedure.
5.5 PERSONAL INFORMATION Team Members Must Keep the Company Updated. It is important that the Company has complete, accurate, and up-to- date records for its Team Members. Team Members are therefore asked to immediately notify management of any changes to their address, name, home or emergency telephone numbers, or changes to any other information contained within Company records.
The Company’s Commitment to Protect Team Member Personal Information. The Company is committed to safeguarding Team Member personal information, and maintains Team Member data consistent with its own needs and to comply with specific federal, state, and local laws. Access to Team Member records containing personal information is considered confidential and Company access to this information will be limited to Company representatives with a legitimate business need for such information.
5.6 RESIGNATION Required Notice. The Company requests that Team Members planning to voluntarily resign provide two (2) weeks’ notice in writing to their Manager. Failure to provide proper notice may result in a Team Member being ineligible for rehire in the future. The Company reserves the right to accept a Team Member’s resignation immediately in lieu of notice.
Return of All Company and Client Property. Team Members are required to return all Company and client property, equipment, documents, and material to the Company upon separation. This includes all uniforms, keys, training manuals, computers, credit cards, phones, work product, Company vehicles, etc. Failure to return all Company and/or client property
24 Levy Restaurants/Compass Group USA Revised August 2017 upon separation may result in a Team Member being ineligible for rehire in the future and possible legal recourse.
Benefits. Team Members should note that each benefit they have with the Company will be directly affected by their separation from the Company. Team Members should refer to their Handbook Supplement for additional information regarding non-medical benefits.
5.7 VIOLENCE-FREE WORKPLACE Compass Group and Levy Restaurants are committed to providing a safe and secure workplace to all Team Members.
Prohibited Behaviors. Examples of prohibited conduct under this Policy include, but are not limited to, threats of violence, acts of violence, aggressive behavior, intimidating behavior, unwanted physical contact, assault, fighting, cursing, spitting, or other actions that threaten, intimidate, bully, or inappropriately invade a Team Member’s personal space.
Report Incidents and Concerns. Every Team Member is responsible for reporting any incidents of violent behavior or other suspicious activities that he/she may notice in or about the workplace. This includes any situations that involve other Team Members, former Team Members, clients, vendors, suppliers, customers, visitors, or others. The Company needs the help of all Team Members to maintain a workplace free of threatening behavior and violence.
Violations of this Policy. Team Members who violate this Policy may be subject to disciplinary action, up to and including termination.
Prohibition Against Firearms & Dangerous Weapons in the Workplace. Subject to any state or local laws to the contrary, Team Members are not allowed to have firearms, or any other dangerous weapons or instruments (concealed or otherwise), in their possession while on Company business or while on Company or client property. This includes having a firearm or other dangerous weapon in a Team Member’s locker, purse, computer bag, on their body, or in Company owned or personal vehicles parked on Company or client premises. Team Members should never have a firearm in any Company owned or leased vehicle. This Policy includes Team Members who have applicable licenses to carry such firearms.
The Company will comply with all federal, state, or local laws that may conflict with the above policy on firearms. To ensure compliance with all state and local laws, Managers must contact Human Resources before progressive disciplining a Team Member for violations of this Policy. Team Members with questions about this Policy, should contact their Manager or Human Resources.
In some geographic locations, local authorities may recommend that Team Members carry defensive devices, in conformance with applicable law, to and from work to protect themselves, but these defensive devices are not intended for the workplace. Levy Restaurants, and not the Team Member, reserves the right to determine whether it is appropriate to possess/carry a defensive device in the workplace. Examples of defensive devices may include, but are not limited to, items such as pepper spray and mace, but does not include firearms or dangerous weapons. This prohibition does not apply to weapons permitted to be kept in vehicles in accordance with applicable state or local laws.
5.8 WORK RULES These Work Rule guidelines are intended to help Team Members understand what is expected of them and what behaviors will help deliver the high quality service that the Company’s clients deserve and have come to expect.
Violations of these Work Rules may result in some form of disciplinary action, depending upon the seriousness of the offense. The Company reserves the right to impose more stringent progressive counseling when the facts pertaining to the offense deem it appropriate.
Examples of Offenses. The following are examples for offenses. These examples are intended as guidelines to assist all Levy Restaurants Team Members with understanding what types of behavior constitute offenses. The following is not a complete list of items that a Team Member could be placed on progressive counseling for, as providing such a list is not possible. The Company reserves the right to supplement or revise the classifications of offenses. The Company also reserves the right to pursue legal action against any Team Member who commits criminal offenses against the Company, its Team Members, clients, customers, suppliers, or other relevant parties.
25 Levy Restaurants/Compass Group USA Revised August 2017 A. Examples of Very Serious Offenses That Will Normally Result in Progressive Counseling or Suspension:
1. Theft or dishonesty; 2. Recording false information, including but not limited to, tampering with your own or another Team Member’s time record; 3. Entering false information on any reports or records; 4. Presenting false information when seeking employment with the Company; 5. Unauthorized use or deliberate waste of Company cash, P-cards, merchandise, or product; 6. Removal of property, personal or otherwise, belonging to another Team Member, customers, or clients without permission; 7. Unauthorized use or removal of Company or client, property, tools, equipment, uniforms, etc., from Company and/or client premises; 8. Misuse of any Company or client issued identification material (i.e., security pass or badge); 9. Reporting for work while under the influence of an illegal drug or alcohol; 10. Possession, use, sale, or distribution of illegal drugs or other controlled substances during working hours or while on client or Company business or premises (including Company owned or leased vehicles, as well as Team Members’ personal vehicles used for business purposes); 11. Possession of firearms or any other dangerous weapons or instruments, concealed or otherwise, on Company or client premises, including in vehicles, lockers, computer bags, personal belongings, etc., unless permitted by applicable state or local law; 12. Fighting or instigating a fight during working hours or on Company and/or client premises; 13. Willful destruction of Company or client property; 14. Indecent behavior during working hours; 15. Taking or giving bribes; 16. Failure to protect Company assets through gross negligence or willful misconduct (i.e., loss of funds, product, or business); 17. Failure to safeguard Company technology assets and services (i.e., loss or theft of equipment, or security breaches due to negligence); 18. Misuse or unauthorized disclosure of confidential business information not otherwise made available to persons or firms outside of the Company; 19. Use of Company resources and capital for personal financial gain; 20. Failure to comply with and follow the Company’s Cash Handling Policy and all other financially-related policies and procedures; 21. Unauthorized use of a Company vehicle; 22. Operating a Company vehicle without having the current license(s) as required by federal, state, or local law; 23. Operating a Company vehicle while the Team Member’s license is suspended, revoked, or cancelled by any state; 24. Operating a Company vehicle when the Team Member has lost the right to operate a vehicle in any state, has been disqualified from operating a vehicle in any state, or does not have the correct license class or license endorsements as required by federal, state, or local law; 25. Discriminatory practices such as disparate treatment, harassment, exclusion, or ridicule of individuals based on race, color, creed, religion, disability, age, sex, marital status, pregnancy, child birth or any related condition, sexual orientation, gender identity, gender expression, transgender, national origin, citizenship status, veteran status, genetic information, or any other basis protected by federal, state, or local laws (extends to Company Team Members, clients, suppliers, or vendors); 26. Violations of the Company’s Fair Treatment Policy; 27. Retaliatory practices such as, but not limited to, harassment, exclusion, demotion, termination, threats, reduced hours, or ridicule due to a Team Member’s filing of a complaint and/or participation in an investigation, proceeding, or hearing; or 28. Allowing unauthorized persons, including family members or friends, to enter any building belonging to our clients.
26 Levy Restaurants/Compass Group USA Revised August 2017 B. Examples of Serious Offenses That Will Normally Result in Progressive Counseling, Suspension, or Discharge:
1. Refusal to perform any reasonable or lawful job or work assignment given by the Team Member’s Manager or other members of management when the Team Member clearly understands the assignment and has been warned that his/her refusal may result in progressive counseling, up to and including discharge. (This behavior is also known as insubordination.); 2. Swearing or use of other abusive language; 3. Physically or verbally threatening fellow Team Members with violence; 4. Making or writing maliciously false or knowingly slanderous statements concerning any Team Member, the Company, client, or Company or client products (this includes content posted on Social Media); 5. Making any public statement for, or on behalf of, the Company without prior authorization; 6. Mixing or exchanging personal money with Company funds; 7. Unauthorized use or disclosure of Confidential Business Information; 8. Failure to immediately report any work-related accidents; 9. Reckless or dangerous conduct, including horseplay, during working hours or in work areas; 10. Violating any safety and sanitation rules or practices, including failure to wear appropriate personal protective equipment (i.e., cut gloves, slip resistant shoes, food handling gloves, chemical resistant gloves, goggles, or car safety belts when driving a Company vehicle or other vehicle used in the course and scope of Company business), or engaging in any behavior that may create an unsafe workplace or safety hazard; 11. Violations of security procedures; 12. Serious, unlawful, improper, or wrongful conduct in connection with employment. (This behavior is also known as gross neglect of duty); 13. Attempting to enter, entering, or assisting any person to enter the Company’s and/or client’s restricted areas without proper authorization; 14. Being present for any reason in interior work areas before the start or after the finish of a Team Member’s work day, or after the Team Member’s separation from employment; 15. Absence, lateness, or leaving early without notifying management or without having a reasonable excuse; 16. Sleeping or dozing on the job; 17. Gambling on the job; 18. Soliciting of any type on Company and/or client premises during the working time of the Team Member being solicited, or the Team Member who is soliciting; this excludes Meal Periods and Rest Breaks; 19. Engaging in any conduct – other than protected concerted activities – which is harmful to the interests or reputation of the Company including, but not limited to, criminal, illegal, and unlawful acts; 20. Losing or misplacing keys or other Company equipment while under a Team Member’s direct responsibility; 21. Unauthorized review of documents left on client and/or Company work spaces; or 22. Violations of the Company’s Fair Treatment Policy.
C. Examples of Offenses That Will Normally Result in Progressive Counseling:
1. Straying from one’s work area during working hours without authorization, excluding Meal Periods, Rest Breaks, and using restrooms; 2. A Team Member’s loss of interest in or inattention to his/her work duties; 3. Failure to meet reasonable standards of efficiency (this includes failure to provide adequate customer service); 4. Neglect of job duties and responsibilities where gross neglect is not involved; 5. Smoking or chewing tobacco in an unauthorized area, when handling food, when in contact with customers, or when in food production or dish room areas; 6. Failure to keep accurate work records; 7. Unauthorized use of electronic systems or equipment, including, but not limited to, computers and telephones belonging to the Company and/or client; 8. Use of personal technology, including cell phones, pagers, MP3 players, headphones, etc., during working hours (excluding Meal Periods and Rest Breaks); 9. Failure to observe Company dress code, uniform policy, cleanliness, personal hygiene, personal habits, personal appearance, or other requirements established by governmental or regulatory agencies, or by the Company; or 10. Failure to follow account-established call-out procedures for excused or unexcused absences, lateness, or leaving early.
27 Levy Restaurants/Compass Group USA Revised August 2017 5.9 INTEGRITY IN THE WORKPLACE Integrity and honesty in the workplace are fundamental to the success of the Company and its Team Members. The Company is committed to providing each Team Member a workplace free from dishonorable behaviors and practices.
To protect the best interests of the Company and its Team Members, clients, customers, vendors, and suppliers, the Company will not tolerate fraudulent, deceitful, or otherwise corrupt behaviors by any Team Member. Such dishonest behaviors include, but are not limited to, theft of Company, client, or other Company-related property; failure to follow the Company’s Cash Handling Policy; unauthorized use of P-Card privileges; falsification of Company documents including expense and/or payroll reports; disclosure of trade secret or confidential Company business information that is not available to the public; or other use of Company resources for personal gain.
Any violation of this Policy may result in disciplinary action pursuant to the Work Rule guidelines and the underlying principal of Integrity in the Workplace. Violations may also result in criminal prosecution (when appropriate).
5.10 ENVIRONMENTAL STANDARDS Compass Group recognizes the significant impact it has on the local environments in which it operates and on the global environment in general. As such, Compass Group is committed to the following:
• Pollution Prevention - All Team Members of Compass Group shall take steps to ensure they prevent or minimize the release of any pollutants into the environment as a result of their work activities. • Waste Management - All Team Members shall ensure the proper disposal of all waste materials, keeping in mind good waste management practices. All Team Members should be aware of the best environmental option for the disposal of particular waste materials at their workplace. Any Team Member found to have disposed of waste material in an inappropriate and/or illegal manner may be subject to disciplinary investigation. • Energy Efficiency- All Team Members shall strive to improve energy efficiency in all aspects of their work, and shall conserve energy wherever feasible. • Recycling and the Use of Recycled Materials - All Team Members shall use recycled materials in their work activities where appropriate and shall recycle appropriate items in accordance with any and all local or national recycling practices. • Water Conservation - All Team Members shall ensure they conduct their daily activities in an effort to conserve water.
All Team Members shall comply with Company policies and procedures concerning our treatment of the environment and shall utilize all information provided to them in order to make informed decisions with regards to environmental matters.
5.11 USE OF COMPANY AND CLIENT TECHNOLOGY The Company provides access to Company technology and technology systems (“Technology Services”), such as computers, computer accounts, e-mail, Internet, telephones, cell phones, tablets, and other communications technology, to Team Members who need to have access to such Technology Services to support their job performance. Only authorized Team Members may use Company Technology Services. Team Members who have authorized access to client Technology Services must adhere to client policies, as well as Levy Restaurants’ policies.
The Company expects Team Members to protect and safeguard its Technology Services at all times. Loss of equipment and security breaches due to negligence (i.e., leaving a mobile computer or wireless device in an automobile, placing Company electronic equipment in checked baggage when traveling, or sharing a password with unauthorized personnel), may be subject to progressive counseling, up to and including termination.
Personal Use of Technology Services Should Be Appropriate and Limited. While use of Company Technology Services is limited to Company business only, the Company recognizes that Team Members may occasionally need to use Company Technology Services for personal reasons. Team Members may use these Technology Services on a minimal basis. Personal phone calls must be limited during working hours, and may be prohibited by the Company should personal calls interfere with job performance or customer service. Should the Company issue a cell phone or Smart Phone to a Team Member, he/ she must limit use to business-related tasks.
28 Levy Restaurants/Compass Group USA Revised August 2017 Team Members shall not use Company Technology Services to send or receive information that may be inappropriate or harassing to others, or is in violation of federal, state, and local laws, Company policy, or client policy. Additionally, Team Members shall not use Company Technology Services to conduct any other business or commercial activities that interfere with Team Members’ job performance, are competitive with Company business, or may be perceived as a conflict of interest.
Company Technology Services Must Be Used Safely. The Company strongly encourages its Team Members not to use cell phones, Smart Phones, and other mobile technology equipment (Company-issued and personal) while operating a Company owned, leased, or rental vehicle, and while operating a personal vehicle for Company business. Where state or local laws further limit the usage of cell phones and Smart Phones while operating a vehicle, the Company will comply with such laws. Failure to follow these regulations may result in progressive counseling, up to and including termination.
Company’s Technology Services are the property of the Company. Additionally, all electronic messages composed, sent, or received on Company systems are the property of the Company. Team Members, therefore, should not have an expectation of privacy when using Company Technology Services. The Company reserves the right to monitor Team Member use of technology at any time unless otherwise prohibited or restricted by any federal, state, or local law. Should the Company find that a Team Member is abusing or violating Company policies regarding Technology Services, the Team Member may be subject to progressive counseling, up to and including termination. Additionally, the Company may revoke the Team Member’s privilege to use Company Technology Services. For additional information, refer to the Company’s policies regarding Company Technology.
In addition to the guidelines outlined above, it is the responsibility of all Team Members to maintain their access rights to the client’s Technology Services, property, and facility per the client’s standards. This Policy will be enforced pursuant to all federal, state, and local laws.
5.12 USE OF PERSONAL TECHNOLOGY Use of personal electronic technology in the workplace can create an unsafe workplace and reduce the quality of services provided to clients and customers. Team Members therefore may not use their personal phones (such as cell phones and Smart Phones), pagers, MP3 players, headphones, tablets, and other personal electronic technology during business hours except during Meal Periods and Rest Breaks.
Personal pagers, cell phones, Smart Phones, etc., if worn on Company or client premises, must not be visible to Team Members, clients, and guests, and must be set on vibrate or silent mode. Team Members should contact their Manager regarding account-specific procedures on where Team Members’ personal technology is to be stored during working hours.
The following is a list of Team Member responsibilities in regard to personal phone usage. Failure to adhere to these guidelines could result in disciplinary action up to and including termination of employment.
Personal phones may not be used for inappropriate internet content or sharing of inappropriate content as outlined in the Company’s technology policies. Team Members may not use personal phones to text message, place, or receive calls at any time in front of guests. Team Members may not use personal phones, except during scheduled Meal Periods and Rest Breaks.
5.13 SOCIAL MEDIA The Company recognizes that electronic Social Media is a tool that not only enhances business excellence and performance but is also a fun and popular way to share information about a Team Member’s life and opinions with others. However, use of Social Media presents certain risks and carries with it certain responsibilities. To assist Team Members in making responsible decisions about their use of Social Media, the Company has established this Policy on appropriate use. The Company will not interpret or enforce this Policy in any way that interferes with applicable federal, state, or local laws, including but not limited to, the National Labor Relations Act.
“Social Media” can mean many things and includes all means of communicating or posting information or content of any sort on the Internet, including to a Team Member’s own or another’s web log or blog, journal or diary, personal web site, social networking or affinity website, web bulletin board or a chat room, whether or not Team Members or affiliated with the Company, as well as any other form of electronic communication. Social Media includes, but is not limited to, websites
29 Levy Restaurants/Compass Group USA Revised August 2017 such as such as Myspace, Facebook, LinkedIn, Twitter, Instagram, and Snapchat; multimedia sites such as YouTube, blogs, and microblogs; wikis such as Wikipedia; and virtual work software such as Second Life. Ultimately, a Team Member is solely responsible for what he/she posts on the Internet and on any Social Media platform. The Company requires that Team Members adhere to the following business conduct guidelines on the Internet and in their use of all Social Media, including personal activity:
• Protect Confidential, Proprietary, and Sensitive Information. Team Members are required to maintain the confidentiality of the Company’s trade secrets, proprietary, or otherwise confidential, information at all times, including when using Social Media. Trade secrets may include information regarding the development of systems, processes, products, know-how, and technology.
• Abide by the Company’s Fair Treatment Policy. When using Social Media, Team Members must abide by the Company’s Fair Treatment and Equal Employment Opportunity policies. Team Members should avoid using statements, photographs, video, or audio that reasonably could be viewed as malicious, obscene, threatening, or which deliberately and falsely disparage the Company, other Team Members, clients, or customers, including posting remarks that might constitute unlawful harassment or bullying.
• Do Not Make Endorsements on the Company’s Behalf. When using Social Media, like all other communications, Team Members should only express their opinions and should never represent themselves to be a spokesperson for the Company without written consent from the Company’s Communications Department. If the Company is a subject of the content being addressed, a Team Member must be clear and open about the fact that his/her views do not represent those of the Company and a Team Member should not make knowingly false claims that his/ her views are shared by other Team Members, clients, customers, vendors, or other individuals associated with the Company. Do not use the Company’s name or Logos to promote or endorse any product, or political party or candidate.
• Respect Company Time and Property. Team Members should not use Social Media during working time or on Company equipment, e.g., computers, cell phones, etc., unless required to do so as part of their work duties. Team Members should not use Company email accounts to register or otherwise identify themselves on Social Media networks, blogs, or other online tools used for personal use.
• Respect Others’ Property. Team Members should not reproduce or otherwise post reproductions of intellectual property, such as writings, photos, video, audio recordings, etc. without following the guidelines established by the author, owner, or vendor of such work and/or receiving express permission from the author, owner, or vendor.
• Conflicts of Interest. Social Media should not be used to conduct business or commercial activities that interfere with a Team Member’s employment, compete with the Company’s business or interests, or otherwise conflict with a Team Member’s responsibilities to the Company.
• Use Social Media Responsibly. Team Members should remember that they are responsible for any content posted on Social Media, and that such content may remain accessible to other users even if it appears to have been deleted from the site where it was first posted. Team Members should further be aware that even anonymously posted content may be traced back to the author.
• No Expectation of Privacy. The Company’s Information Technology Department (“IT”) regularly reviews information and statistics on Company Internet activity and system usage, including Social Media use. In accordance with the Company’s IT Acceptable Use for Systems and Technology Policy, the Company specifically reserves the right to monitor and review Team Members’ use of Company equipment for Internet use, including Social Media use and content, electronic communications, directories, and files for any reason, without notice and at any time. Team Members should not assume a right to privacy in their use of any Company technology or systems.
Any Team Member who violates ANY provisions of this Policy may be subject to disciplinary action, up to and including termination of employment.
30 Levy Restaurants/Compass Group USA Revised August 2017