Welcome! As an employee of THE FISH HOUSE VERA CRUZ, INC. (the "Company"), we hope you will find your position with the Company rewarding, challenging and productive.

Because our success depends upon the dedication of our employees, we are highly selective in choosing employees. In turn, we look to you and other employees to contribute to the success of the Company.

This Employee Handbook (“Handbook”) is intended to summarize the terms and conditions of employment of all full- and part-time employees and managers. Written employment contracts between the Company and some individuals may supersede some of the provisions of this Handbook.

This Handbook summarizes the policies and practices in effect at the time of publication. This Handbook supersedes all previously issued handbooks and any inconsistent policies, benefit statements and memoranda. However, the policies in this Handbook are general and/or applicable to California employees. Variations of these policies will occur whenever necessary to comply with applicable laws.

Human Resources will be happy to answer any questions you may have.

1.2 AT-WILL EMPLOYMENT STATUS

Company personnel are employed on an at-will basis. Employment at-will may be terminated by the employee or the Company, at any time, with or without cause and with or without advance notice. Nothing in this Handbook will limit the right to terminate at-will employment. No manager or employee of the Company has any authority to enter into an agreement for employment for any specified period of time or to make an agreement for employment other than at-will terms. Only the President of the Company has the authority to make any such agreement, which must be in writing.

1.3 INTEGRATION CLAUSE AND RIGHT TO REVISE

This Handbook contains the employment policies and practices of the Company in effect at the time of publication. All previously issued handbooks and any inconsistent policy statements or memoranda are superseded.

The Company reserves the right to revise, modify, delete or add to any and all policies, procedures, work rules or benefits stated in this Handbook or in any other document, except for the policy of at-will employment. However, any such changes must be in writing and must be signed by the President of the Company.

Any written changes to this Handbook will be distributed to all employees so employees will be aware of the new policies and/or procedures. No oral statements or representations can in any way change or alter the provisions of this Handbook.

This Handbook sets forth the entire agreement between you and the Company as to the duration of employment and the circumstances under which employment may be terminated. Nothing in this Handbook, or in any other personnel document, including benefit plan descriptions, creates or is intended to create a promise or representation of continued employment for any employee.

2. GOVERNING PRINCIPLES OF EMPLOYMENT

2.1 EQUAL EMPLOYMENT OPPORTUNITY

The Company is committed to the principles of equal employment. We are committed to complying with all federal, state, and local laws providing equal employment opportunities, and all other employment laws and regulations. It is our intent to maintain a work environment that is free of harassment, discrimination, or retaliation based on an individual’s race (including, but not limited to, hair texture and protective hairstyles such as braids, locks, and twists), color, religion, religious creed (including religious dress and grooming practices), national origin, ancestry, citizenship, physical or mental disability, medical condition (including cancer and genetic characteristics), genetic information, marital status, sex (including pregnancy, childbirth, breastfeeding, or related medical conditions), gender (including gender identity and gender expression), age (40 years and over), sexual orientation, veteran and/or military status, protected medical leaves (requesting or approved for leave under the Family and Medical Leave Act or the California Family Rights Act), reproductive health decisions (including, but not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health), domestic violence victim status, political affiliation, or any other status protected by federal, state, or local laws. The Company prohibits unlawful discrimination not just on the basis of individual protected traits, but also on the basis of the intersectionality of two or more protected traits. The Company also prohibits unlawful discrimination based on the perception that anyone has any of those characteristics, or is associated with a person who has or is perceived as having those characteristics.

The Company is dedicated to the fulfillment of this policy with respect to all aspects of employment, including but not limited to recruiting, hiring, placement, transfer, training, promotion, rates of pay, and other compensation, benefits, employee activities, access to facilities and programs, termination, and all other terms, conditions, and privileges of employment.

The Company will endeavor to make a reasonable accommodation of an otherwise qualified applicant or employee related to an individual’s physical or mental disability, sincerely held religious beliefs and practices, and/or any other reason required by applicable law, unless doing so would impose an undue hardship upon the company’s business operations. Any applicant or employee who needs an accommodation in order to perform an essential function of their job should contact Human Resources to request such an accommodation.

The Company will conduct a confidential, prompt, and thorough investigation of all allegations of discrimination, harassment, or retaliation, or any violation of the Equal Employment Opportunity policy. The Company will take appropriate corrective and remedial action, if and where warranted. The Company prohibits retaliation against any employee who provides information about, complains about, or assists in the investigation of any complaint of discrimination or violation of the Equal Employment Opportunity policy.

We are all responsible for upholding this policy. Any employees with questions or concerns about equal employment opportunities in the workplace are encouraged to bring these issues to the attention of your manager or Human Resources. The Company will not allow any form of retaliation against individuals who raise issues of equal employment opportunity. If employees feel they have been subjected to any such retaliation, they should bring these issues to the attention of their manager. To ensure our workplace is free of artificial barriers, violation of this policy including any improper retaliatory conduct will lead to discipline, up to and including termination of employment. All employees must cooperate with all investigations conducted pursuant to this policy.

2.2 POLICY AGAINST DISCRIMINATION, HARASSMENT, AND RETALIATION

The Company does not tolerate and prohibits discrimination, harassment or retaliation of or against job applicants, contractors, interns, volunteers or employees by another employee, manager, vendor, customer, client, or third party based on an individual’s race (including, but not limited to, hair texture and protective hairstyles such as braids, locks, and twists), color, religion, religious creed (including religious dress and grooming practices), national origin, ancestry, citizenship, physical or mental disability, medical condition (including cancer and genetic characteristics), genetic information, marital status, sex (including pregnancy, childbirth, breastfeeding, or related medical conditions), gender (including gender identity and gender expression), age (40 years and over), sexual orientation, veteran and/or military status, protected medical leaves (requesting or approved for leave under the Family and Medical Leave Act or the California Family Rights Act), reproductive health decisions (including, but not limited to, a decision to use or access a particular drug, device, product, or medical service for reproductive health), domestic violence victim status, political affiliation, or any other status protected by federal, state, or local laws. The Company is committed to a workplace free of discrimination, harassment, and retaliation. The Company prohibits unlawful discrimination not just on the basis of individual protected traits, but also on the basis of the intersectionality of two or more protected traits. The Company also prohibits unlawful discrimination based on the perception that anyone has any of those characteristics, or is associated with a person who has or is perceived as having those characteristics.

The Company is dedicated to ensuring the fulfillment of this policy as it applies to all terms and conditions of employment, including recruiting, hiring, placement, transfer, training, promotion, rates of pay, and other compensation, benefits, employee activities, access to facilities and programs, termination, and all other terms, conditions, and privileges of employment.

Discrimination Defined

Discrimination under this policy means treating differently or denying or granting a benefit to an individual because of the individual’s protected characteristic.

Harassment Defined

Harassment is defined in this policy as unwelcome verbal, visual or physical conduct creating an intimidating, an offensive or a hostile work environment that interferes with work performance. Harassment denigrates or shows hostility or aversion toward an individual based on an individual’s race (including, but not limited to, hair texture and protective hairstyles such as braids, locks, and twists), color, religion, religious creed (including religious dress and grooming practices), national origin, ancestry, citizenship, physical or mental disability, medical condition (including cancer and genetic characteristics), genetic information, marital status, sex (including pregnancy, childbirth, breastfeeding, or related medical conditions), gender (including gender identity and gender expression), age (40 years and over), sexual orientation, veteran and/or military status, protected medical leaves (requesting or approved for leave under the Family and Medical Leave Act or the California Family Rights Act), domestic violence victim status, political affiliation, or any other status protected by federal, state, or local laws.

Because it is difficult to define unlawful harassment, employees are expected to behave at all times in a manner consistent with the intended purpose of this policy. While it is not possible to list all the circumstances that may constitute other forms of workplace harassment, some examples of conduct that may constitute workplace harassment include:

· The use of disparaging or abusive words or phrases, slurs, negative stereotyping, or threatening, intimidating, or hostile acts that relate to the above protected categories;

· Written or graphic material that insults, stereotypes, or shows aversion or hostility toward an individual or group because of one of the above protected categories and that is placed on walls, bulletin boards, email, voicemail, or elsewhere on company premises, or circulated in the workplace;

· A display of symbols, slogans, or items that are associated with hate or intolerance toward any select group; and

· Physically threatening another, or blocking someone’s way.

Sexual Harassment Defined

Sexual harassment means harassment based on sex or conduct of a sexual nature, and includes harassment based on sex (including pregnancy, childbirth, breastfeeding, or related medical conditions), gender, gender identity, or gender expression. It may include all of the actions described above as harassment, as well as other unwelcome sex-based conduct, such as unwelcome or unsolicited sexual advances, requests for sexual favors, conversations regarding sexual activities, or other verbal or physical conduct of a sexual nature. Sexually harassing conduct need not be motivated by sexual desire and may include situations that began as reciprocal relationships, but that later cease to be reciprocal.

Sexual harassment is generally categorized into the following two types:

· Quid pro quo sexual harassment (“this for that”), which includes:

o Submission to sexual conduct when made explicitly or implicitly a term or condition of an individual’s employment; and

o Submission to or rejection of the conduct by an employee when used as the basis for employment decisions affecting the employee.

· Hostile work environment sexual harassment is conduct of a sexual nature or on the basis of sex by any person in the workplace that unreasonably interferes with an employee’s work performance and/or creates an intimidating, hostile, or otherwise offensive working environment. Examples include:

o Unwelcome sexual advances, flirtation, teasing, sexually suggestive or obscene letters, invitations, notes, emails, voicemails, or gifts;

o Sex, gender, or sexual orientation-related comments, slurs, jokes, remarks, or epithets;

o Leering, obscene or vulgar gestures, or sexual gestures;

o Displaying or distributing sexually suggestive or derogatory objects, pictures, cartoons, or posters or any such items;

o Impeding or blocking movement, unwelcome touching, or assaulting others;

o Any sexual advances that are unwelcome as well as reprisals or threats after a negative response to sexual advances; and

o Conduct or comments consistently targeted at one gender, even if the content is not sexual.

Retaliation Defined

Retaliation means any adverse employment action taken against an employee because the employee engaged in activity protected under this policy. Protected activities may include, but are not limited to, reporting or assisting in reporting suspected violations of this policy and/or cooperating in investigations or proceedings arising out of a violation of this policy.

Adverse employment action is conduct or an action that materially affects the terms and conditions of the employee’s employment status or is reasonably likely to deter the employee from engaging in protected activity. Even actions that do not result in a direct loss of compensation may be regarded as an adverse employment action when considered in the totality of the circumstances.

Examples of retaliation under this policy include but are not limited to:

· Demotion, suspension, reduction in pay;

· Denial of a merit salary increase;

· Failure to hire or consider for hire;

· Refusing to promote or consider for promotion because of reporting a violation of this policy;

· Harassing another employee for filing a complaint;

· Denying employment opportunities because of making a complaint or for cooperating in an investigation;

· Changing someone’s work assignments for identifying harassment or other forms of discrimination in the workplace;

· Treating people differently such as denying an accommodation;

· Not talking to an employee when otherwise required by job duties; and

· Otherwise excluding the employee from job-related activities because of engagement in activities protected under this policy.

All discrimination, harassment, and retaliation is unacceptable in the workplace and in any work-related settings such as business trips and business-related social functions, regardless of whether the conduct is engaged in by a manager, a co-worker, a customer, a client, a vendor, or another third party.

Reporting Procedures

The Company understands that victims of harassment are often embarrassed and reluctant to report acts of harassment for fear of being blamed, concern about being retaliated against, or because it is difficult to discuss these matters openly with others. However, no employee should have to endure harassing conduct, and the Company encourages any employee who believes that they have witnessed or have been the victim of harassment, including sexual harassment, discrimination, or retaliation, to promptly report any incidents of harassment so that corrective action may be taken. Any incidents of harassment, including work-related harassment by any Company personnel or any other person should be reported immediately to their manager or the General Manager. If this individual is the person toward whom the complaint is directed, the employee should contact Human Resources. If the employee makes a complaint under this policy and has not received a satisfactory response within five (5) business days, Human Resources should be contacted immediately.

Every manager who learns of any employee’s concern about conduct in violation of this policy, whether in a formal complaint or informally, must immediately report the issues raised to Human Resources so that an investigation may be initiated.

Investigation Procedure

Every reported complaint of harassment will be investigated fairly, thoroughly, and promptly by impartial and qualified personnel. Typically, the investigation will include the following steps: an interview of the employee who lodged the harassment complaint to obtain complete details regarding the alleged harassment; interviews of anyone who is alleged to have committed the acts of harassment to respond to the claims; and interviews of any employees who may have witnessed, or who may have knowledge of, the alleged harassment. The Company will notify the employee who lodged the complaint of progress during the investigation, including documentation where applicable. The Company will timely inform the complainant and the accused of the results of the investigation.

Employees are prohibited from impeding an investigation, and the Company prohibits retaliation against any employees who, based on a reasonable belief, provide information about, complain, or assist in the investigation of any complaint of harassment or discrimination. Investigations will be as confidential as possible under the circumstances. Information obtained during the process will be only shared with those individuals on a need-to-know basis. Failure to keep information about an investigation confidential may result in disciplinary action. The investigation will be handled in as confidential a manner as possible consistent with a fair, timely, and thorough investigation in a manner that provides all parties appropriate due process and reaches reasonable conclusions based on the evidence collected. When the investigation discloses a violation of this policy, appropriate remedial action will be taken, and feedback given to the complaining employee.

Discipline for violation of this policy may include, but is not limited to, reprimand, suspension, demotion, transfer, or discharge. If the company determines that discrimination, harassment, or retaliation occurred, corrective action will be taken to effectively end the conduct.

In addition to notifying the Company about harassment or retaliation complaints, affected employees may also direct their complaints to the California Civil Rights Department (CRD) or the federal Equal Employment Opportunity Commission (EEOC), which have the authority to investigate and prosecute complaints of prohibited harassment in employment. The deadline for filing a complaint with the CRD is three years from the date of the last alleged unlawful conduct. The deadline for filing a complaint with the EEOC is 300 days from the date of the last alleged unlawful conduct. If you think you have been harassed or that you have been retaliated against for resisting or complaining, you may contact these agencies directly for more information.

Corrective Action and Discipline

If harassment or retaliation in violation of this policy is established, the Company will take appropriate corrective action to effectively end the harassment. Corrective action may include, for example: training, referral to counseling, or disciplinary action ranging from a verbal or written warning to termination of employment, depending on the circumstances. With regard to acts of harassment by customers, clients, or vendors, corrective action will be taken after consultation with the appropriate management personnel. As necessary, the Company may monitor any incident of harassment or discrimination to assure the inappropriate behavior has stopped. In all cases, the Company will follow up as necessary to ensure that no individual is retaliated against for making a complaint or cooperating with an investigation.

Retaliation Prohibited

In addition to being a violation of this policy, harassment, discrimination, or retaliation also can be against the law. Employees who engage in conduct that rises to the level of a violation of law can be held personally liable for such conduct.

Remember, the Company cannot remedy claimed discrimination, harassment, or retaliation unless employees bring these claims to the attention of management. Employees should not hesitate to report any conduct they believe violates this policy.

2.3 DISABILITY ACCOMMODATION

The Fish House Vera Cruz, Inc. is committed to providing equal employment opportunities for all qualified individuals with disabilities in accordance with the federal Americans with Disabilities Act and applicable state disability laws. In accordance with these laws, the company strictly forbids all forms of unlawful discrimination, harassment, or retaliation against qualified applicants or employees with disabilities, and for pregnant employees who so request for pregnancy, childbirth, or related medical conditions, and requires reasonable accommodation if necessary for such individuals to perform the essential functions of their jobs safely and efficiently without undue hardship to the Company and without serious risk to the health and safety of others.

Applicants and employees who require accommodation of any disability should contact their manager, the General Manager, or Human Resources to request such an accommodation. The Company may have no way of knowing whether an individual requires an accommodation unless he or she brings it to the attention of the Company. In certain circumstances, the Company may initiate an interactive dialogue without an employee request for an accommodation. The Company will engage in an interactive conversation with the applicant/employee to determine appropriate accommodations that can be provided that will not cause the Company undue hardship. When more than one accommodation is available, the Company will choose the accommodation that best meets the needs of the applicant/employee and that of the Company.

If you require an accommodation because of your disability, you may be asked to include relevant information such as:

· A description of the proposed accommodation;

· The reason you need an accommodation; and

· How the accommodation will help you perform the essential functions of your job.

After receiving your request, the Company will engage in an interactive dialogue with you to determine the precise limitations of your disability and explore potential reasonable accommodations that could overcome those limitations. Where appropriate, we may need your permission to obtain additional information from your medical provider. All medical information received by the Company in connection with a request for accommodation will be treated as confidential to protect privacy rights under laws such as HIPAA, but some disclosure will be necessary to fulfill the purposes of this policy.

The Company encourages you to suggest specific reasonable accommodations that you believe would allow you to perform your job. However, the Company is not required to make the specific accommodation requested by you and may provide an alternative accommodation, to the extent any reasonable accommodation can be made without imposing an undue hardship on the Company.

If leave is provided as a reasonable accommodation, such leave may run concurrently with leave under the Family and Medical Leave Act, the California Family Rights Act, and/or any other leave where permitted by state and federal law.

Employees who are made aware that an applicant or employee has a disability should presume that the information is confidential and discuss it only with Human Resources unless the employee has disclosed or consented to further disclosure.

Discrimination, harassment, or retaliation against an individual because he or she is considered disabled or has been given accommodation for a disability is absolutely forbidden and grounds for immediate termination. Employees who believe they have been harassed in violation of this policy may file a complaint under the Company’s Policy Against Discrimination, Harassment, and Retaliation.

2.4 RELIGIOUS ACCOMMODATION

The Fish House Vera Cruz, Inc. is dedicated to treating its employees equally and with respect and recognizes the diversity of their religious beliefs. Employees may request an accommodation when their religious beliefs cause a deviation from the Company’s dress or grooming code, or the employee’s schedule, basic job duties, or other aspects of employment. The Company will consider the request but reserves the right to offer its own accommodation to the extent permitted by law. Some, but not all, of the factors that the Company will consider are cost, the effect that an accommodation will have on current established policies, and the burden on operations — including other employees — when determining a reasonable accommodation. At no time will the Company question the validity of a person’s belief.

The Company will endeavor to accommodate the sincere religious beliefs of its employees to the extent such accommodation does not pose an undue hardship on the Company’s operations. Employees who need a religious accommodation should submit a request for possible accommodation in writing or via email to their manager, the General Manager, or Human Resources. Upon receiving an accommodation request, the Company will respond to the employee within five (5) business days. The Company and the employee shall engage in an interactive process to determine the appropriate accommodations.

2.5 LACTATION/BREASTFEEDING ACCOMMODATION

The Fish House Vera Cruz, Inc. supports the legal right and necessity of employees who choose to express milk in the workplace. This policy establishes guidelines for promoting a breastfeeding-friendly work environment and supporting lactating employees for as long as they desire to express breastmilk.

The Company will provide a reasonable amount of break time for employees who wish to express breast milk for their infant child each time the employee has a need to express milk, in accordance with applicable local, state and federal law. If possible, the break time must run concurrently with rest breaks and meal periods already provided. If this break time cannot run concurrently with rest breaks and meal periods, it will be unpaid, to the extent permitted by applicable law.

The Company will provide breastfeeding employees with space, in close proximity to their work area, that is shielded from view and free from intrusion from co-workers and the public. The room or location may include the place where the employee normally works if it otherwise meets the requirements of the lactation space. Restrooms are prohibited from being used for lactation purposes. The room will be clearly designated and either have a lock or a sign on the door to indicate when the room is in use. The location will be free of hazardous materials, contain a surface to place a breast pump and personal items, a place to sit, and access to electricity, or alternative devices, including, but not limited to, extension cords or charging stations, needed to operate an electric or battery-powered breast pump. The Company will also provide access to a sink with running water, and a refrigerator suitable for storing milk in close proximity to the employee’s workspace. If a refrigerator cannot be provided, the Company may provide another cooling device suitable for storing milk, such as an employer-provided cooler. If stored in a Company refrigerator, sufficiently mark or label your milk to avoid confusion for other employees who may share the refrigerator.

Employees who need a lactation accommodation should submit a request for possible accommodation in writing or via email to their manager, the General Manager, or Human Resources. Upon receiving an accommodation request, the Company will respond to the employee within five (5) business days. The Company and the employee shall engage in an interactive process to determine the appropriate accommodations.

The Company may not be able to provide an accommodation if doing so would impose an undue hardship by causing significant difficulty or expense when considered in relation to the size, financial resources, nature or structure of the business. If the Company is unable to provide an accommodation because doing so would impose an undue hardship, the Company will provide the employee with a written response that identifies the basis for denying the request for accommodation.

California law expressly prohibits discrimination or retaliation against lactating employees for exercising their rights granted by the ordinance. This includes those who request time to express breast milk at work and/or who lodge a complaint related to the right to lactation accommodations.

Employees have the right to file a complaint with the Labor Commissioner for any violation of the rights underlying this policy.

Please contact Human Resources with any questions regarding this policy.

3. EMPLOYMENT POLICIES AND PRACTICES

3.1 NEW EMPLOYEES

The first ninety (90) days of continuous employment at the Company is considered an introductory period. During this time you will learn your responsibilities, get acquainted with fellow employees and determine whether or not you are happy with your job. Your manager will closely monitor your performance.

Upon completion of the introductory period, the Company will review your performance. If the Company finds your performance satisfactory and decides to continue your employment, it will advise you of any improvements expected from you. At that time, you may express suggestions to improve the Company's efficiency and operations.

Completion of the introductory period does not entitle you to remain employed by the Company for any definite period of time, but rather allows both you and the Company to evaluate whether or not you are right for the position. Both you and the Company are free, at any time, with or without advance notice or cause, to end the employment relationship.

After completion of the introductory period, eligible employees will receive the benefits as described in this Handbook.

3.2 REGULAR EMPLOYEES

Regular employees are those who are hired to work on a regular schedule. Regular employees may be classified as full-time or part-time.

3.3 REGULAR FULL-TIME EMPLOYEES

Regular full-time employees are those who are normally scheduled to work and who do work a schedule of 40 hours per week. Following the completion of the introductory period, regular full-time employees are eligible for most employee benefits described in this Handbook.

3.4 PART-TIME EMPLOYEES

Part-time employees are those who are normally scheduled to work and who do work less than 25 hours per week. Part-time employees may be assigned a work schedule in advance or may work on an as-needed basis. Part-time employees are eligible for some, but not all employee benefits as described in this Handbook.

3.5 TEMPORARY EMPLOYEES

Temporary employees are those employed for short-term assignments. Short-term assignments will generally be periods of three months or less, however, such assignments may be extended. Temporary employees are not eligible for employee benefits except where mandated by applicable law.

3.6 NON-EXEMPT EMPLOYEES

Non-exempt employees are paid hourly, and entitled to overtime pay under state and federal law.

3.7 EXEMPT EMPLOYEES

Exempt employees are administrative, executive, professional or managerial employees. These and certain other employees who may also be classified as exempt employees are paid a pre-determined salary that is contemplated to compensated the employee for all hours worked for the entire week, regardless of the actual number of hours worked by the employee, and do not receive overtime pay for overtime worked.

3.8 JOB DUTIES

During the introductory period, your manager will explain your job responsibilities and the performance standards expected of you. Be aware your job responsibilities may change at any time during your employment. From time to time, you may be asked to work on special projects or to assist with other work necessary or important to the operation of the Company. Your cooperation and assistance in performing such additional work is expected.

The Company reserves the right, at any time, with or without advance notice, to alter or change job responsibilities, reassign or transfer job positions, or assign additional job responsibilities.

4. WORK SCHEDULES AND PAYMENT OF WAGES

4.1 WORK SCHEDULES

The Company is normally open for business between the hours of 11:30 am to 8:00 pm, Wednesday, Thursday, and Sunday, and 11:30 am to 9:00 pm Friday and Saturday, however, shifts will be scheduled earlier and later than these hours depending on job duties. Your manager will assign your individual work schedule. All employees are expected to be at their desks or work stations at the start of their scheduled shifts, ready to work.

Exchanging work schedules with other employees is discouraged. However, if you need to exchange schedules, notify your manager, who may authorize an exchange if possible. Work schedule exchanges will not be approved for mere convenience of an employee or if the exchange will result in disruption of or interference with normal operations or will result in excessive overtime.

4.2 WORKDAY AND WORKWEEK

The "workday" is a consecutive 24-hour period beginning at 12:01 am and ending at midnight. The "workweek" begins on Monday at 12:01 am. and ends on Sunday at midnight.

4.3 TIMEKEEPING REQUIREMENTS

All non-exempt employees are required to use the Company's electronic recording system, a time clock for payroll purposes. Care should be taken to ensure that your time record is an accurate record of time worked. The following rules must be observed by non-exempt employees regarding time records:

· You must record the actual time work begins and ends each workday, as well as the beginning and end of each meal period;

· You must also record the time of any departure from work for any personal, non-work-related reason, as well as the time you returned to work;

· You must never—under any circumstances—work off the clock. If anyone asks you to work off the clock, immediately report this to your manager, the General Manager, or Human Resources. You will not be retaliated against for doing so. Working off the clock is a strictly prohibited serious offense for which any employee who does so, or any person who asks an employee to do so, may be terminated. For the purposes of this policy, “off the clock” work is where an employee works for the Company but does not accurately record his or her time in the Company’s approved time record;

· Altering, falsifying, and tampering with time records, or recording time on another employee’s time record is strictly prohibited and will result in disciplinary action, up to and including termination of employment;

· At the end of each pay period it is your responsibility to review your time records to certify that the hours reported are true and correct, and meal periods reported have been provided and taken; and

· Any errors on your timecard should be reported immediately to your manager.

Salaried and exempt employees also may be required to record their time on either a timecard or a timesheet.

4.4 MEAL PERIODS AND REST BREAKS

Meal Periods

Non-exempt employees who work more than five (5) hours in a workday must take an unpaid, off-duty meal period of at least thirty (30) minutes. Meal periods must never be less than 30 minutes. The Company requires that employees accurately record the start and end of meal periods in the timekeeping system.

Meal periods should be taken at times that are convenient for the employee and for the employee’s manager. Your manager may schedule the start time of your meal period, however, you must be aware that meal periods must begin before the end of the fifth hour of work. For example, an employee who begins working at 8:00 a.m. must begin the meal period on or before 12:59 p.m.

Employees who work more than ten (10) hours in a day must take a second unpaid, off-duty meal period of at least thirty (30) minutes. Employees entitled to a second meal period must be scheduled to begin the second meal period no later than before the end of their tenth hour of work.

During meal periods, employees are relieved of all duty and should not work during this time. When taking a meal period, employees should completely stop working for at least 30 minutes. Employees are prohibited from working “off the clock” during their meal period.

Employees must use the timekeeping system to “clock out” for each meal period at the exact time the meal period starts, and “clock in” at the exact time the meal period ends. Employees are to immediately notify their manager if they believe that they are prevented by the nature of their work from taking a timely and/or complete meal period.

Meal Period Waiver

Non-exempt employees who work a regular shift of more than five (5) hours, but six (6) hours will complete the workday, may waive the meal period by mutual consent of the employee and the Company. An employee working more than ten (10) hours, but twelve (12) hours will complete the workday, may waive the second meal period by mutual consent of the employee and the Company, but only if the first meal period was not waived. Employees who work more than twelve (12) hours may not waive, and should take, their second meal period.

You may not waive any meal period until you have signed a written meal period waiver agreement. You may revoke your meal period waiver agreement, in writing, at any time. See your manager for procedures related to requesting a meal period waiver, in the above circumstances.

Rest Breaks

The Company authorizes and encourages non-exempt employees working at least three and one-half (3½) hours in a day to take a 10-minute, off-duty, uninterrupted paid rest break for each four (4) hours worked, or major fraction thereof.

Accordingly, if you work:

· Less than 3½ hours, you are not entitled to a rest break.

· 3½ to 6 hours, you are entitled to one 10-minute rest break.

· 6 to 10 hours, you are entitled to two 10-minute rest breaks.

· 10 to 14 hours, you are entitled to three 10-minute rest breaks.

Rest breaks should be taken at times that are convenient for the employee and for the employee’s manager. Employees should take their rest breaks in the middle of each four-hour work period when possible. Rest breaks may not be combined, added to meal periods, or used to start work later or end work early. The 10 minutes does not include the reasonable time it takes to walk to and from a break area. Nonexempt employees are paid for all rest breaks and should not “clock out” when taking a rest break.

Employees are encouraged to take their rest breaks; they are not expected to and should not work during rest breaks. If any work is performed during a rest break, or if the rest break is interrupted for any work-related reason, it is a missed rest break, and the employee must make-up the missed rest break in the same workday. Employees who feel they were not provided the opportunity to take all rest breaks authorized and encouraged under this policy should inform their manager, the General Manager, or Human Resources.

Meal Periods and Rest Breaks Are Duty Free

Non-exempt employees are required to take all meal periods provided under this policy and not waived, and are authorized and encouraged to take all rest breaks provided under this policy. During meal periods and rest breaks, the Company will relieve employees of all duty and will not exercise control over employees’ activities. Employees are free to spend their meal period and rest break time as they choose, and are not required to remain on-premises or “on-call” during meal periods and rest breaks.

Employees must not perform any work—including answering or making work-related calls, emails, or texts—while on a meal period or rest break. No manager or co-worker may require you to give up or waive your meal period or rest break. Under no circumstances should any manager or co-worker ask you to perform work during a meal period or rest break. If you are asked to do so, or if you believe you are discouraged, impeded, or prevented from taking meal periods and/or rest breaks, you must notify your manager, the General Manager, or Human Resources in writing immediately, and you will not be retaliated against for doing so.

If you know in advance that you may not be able to take an uninterrupted scheduled meal period or rest break, let your manager know; in addition, notify your manager as soon as possible if you were unable to take an uninterrupted scheduled meal period or rest break.

4.5 OVERTIME FOR NON-EXEMPT EMPLOYEES

Employees may be required to work overtime as necessary. Only actual hours worked in a given workday or workweek can apply in calculating overtime. The Company will attempt to distribute overtime evenly and accommodate individual schedules. All overtime work must be previously authorized by a manager. The Company provides compensation for all overtime hours worked by non-exempt employees in accordance with state and federal law as follows:

· All hours worked in excess of eight (8) hours in one workday or forty (40) hours in one workweek will be treated as overtime.

· Compensation for hours worked in excess of forty (40) hours for the workweek, or in excess of eight (8) hours and not more than twelve (12) hours for the workday, and for the first eight (8) hours on the seventh (7th) consecutive day of work in one workweek, will be paid at a rate one-and-one-half (1½) times the employee's regular rate of pay.

· Compensation for hours worked in excess of twelve (12) hours in one workday and in excess of eight (8) hours on the seventh (7th) consecutive workday in a workweek will be paid at double the regular rate of pay.

Exempt employees may have to work hours beyond their normal schedules as work demands require. No overtime compensation will be paid to exempt employees.

4.6 PAYMENT OF WAGES

Paychecks are normally available by 12:00 p.m. at the office through your manager. If you observe an error on your check, please report it immediately to your manager.

Paydays are scheduled on the 22nd for work performed during the 1st through the 15th, and the 7th for work performed during the 16th through the 31st of the month.

Paychecks will only be distributed to the named employee. Requests for special handling of your check must be arranged in advance with your manager. Paychecks will be issued only upon presentation of proper identification.

The Company offers automatic payroll deposit for employees at all locations. You may begin and stop automatic payroll deposit at any time. To begin automatic payroll deposit, you must complete a form (available from Human Resources) and return it to Human Resources at least 10 days before the pay period for which you would like the service to begin. You should carefully monitor your payroll deposit statements for the first two pay periods after the service begins.

To stop automatic payroll deposit, complete the form available from Human Resources and return it to Human Resources at least 10 days before the pay period for which you would like the service to end. You will receive a regular payroll check on the first pay period after the receipt of the form, provided it is received no later than 10 days before the end of the pay period.

The Company makes every effort to ensure our employees are paid correctly. It is company policy and practice to accurately compensate our employees and to do so in compliance with all applicable state and federal laws. Occasionally, however, inadvertent mistakes or improper deductions may happen. To ensure that employees are paid properly for all time worked and that no errors are made, each employee must accurately record all work time, and review paychecks promptly to identify and to report all errors. If mistakes happen and are called to the Company’s attention, the Company will promptly make any corrections necessary. These mistakes may include overtime payments, over payments, under payments, rates of pay, meal period and rest break premium pay, or paid sick leave. Each employee should review their paychecks and pay stubs when received to make sure they are correct. If an employee believes a mistake has occurred or has any questions; immediately contact Human Resources.

4.7 TIP REPORTING

The Company requires that every employee who, in the course of his or her employment by the Company, receives in any calendar month cash tips of twenty dollars ($20) or more must report all such tips (100%) to the Company.

4.8 REPORTING TO WORK PAY

The Company will comply with all applicable regulations regarding reporting time pay for non-exempt employees.

The Company will not pay employees for reporting under the following circumstances:

· Interruption of work because of the failure of any or all public utilities; or

· Interruption of work because of natural causes or other circumstances beyond the Company's power to control.

4.9 DEDUCTIONS FOR EXEMPT EMPLOYEES

Exempt employees will be paid on a "salary basis," that is, they will regularly receive a predetermined amount of compensation each pay period. Subject to the exceptions listed below, an exempt employee will receive his or her full salary for any workweek in which he/she performs any work, regardless of the number of days or hours worked. An exempt employee may not be paid for any workweek in which he/she performs no work, subject to the Company's benefits programs and policies.

No deductions from an exempt employee's salary may be made for the time when work is not available, provided the exempt employee is ready, willing and able to work. Deductions from pay are permissible when an exempt employee:

· Is absent from work for one or more full days for personal reasons other than sickness or disability;

· Is absent for one or more full days due to sickness or disability if the deduction is made in accordance with a bona fide plan, policy, or practice of providing compensation for salary lost due to illness;

· Is absent for jury duty or military duty for a full week and performs no work during the week; or

· Works less than a full week during the initial or final week of employment.

It is Company policy to comply with these "salary basis" requirements. If you believe an improper deduction from your salary has been made, you should immediately report this information to Human Resources. Reports of improper deductions will be investigated promptly. If it is determined an improper deduction has occurred, you will be promptly reimbursed for any improper deduction made.

4.10 ADVANCES

The Company does not permit advances against paychecks.

4.11 PERSONNEL AND PAYROLL RECORDS

Personnel Data Changes

It is the responsibility of each employee to promptly notify the Company of any changes in personnel data.

Personal mailing addresses, telephone numbers, email addresses, emergency contacts, and other such information must be accurate and current at all times. If any personnel data has changed, please notify Human Resources.

Personnel Records

Employees have the right to inspect their personnel records, including records that relate to the employee’s performance or to any grievance concerning the employee, at reasonable times and on reasonable notice. An employee may inspect only his or her own personnel records and only in the presence of a manager or Human Resources. In addition, current employees, former employees, or their representative, may make a written request for a copy of the employee’s personnel records and all employment-related documents that they have signed if they pay the cost of copying. The Company will provide the copy within thirty (30) calendar days of the written request. If an employee desires to do so, a written statement may be added to the personnel file by the employee explaining any disputed item.

Personnel records are the property of the Company and may not be removed from Company premises.

Payroll Records

Employees also have the right to inspect and receive a copy of certain payroll records regarding their compensation, and deductions from their compensation. Should employees wish to review or obtain a copy of their payroll records, they should notify Human Resources. Payroll records will be made available to inspect or receive a copy within twenty-one (21) days of a request.

4.12 EMPLOYEE REFERENCES

All requests for references must be directed to Human Resources. No manager or employee is authorized to release references for current or former employees. By policy, the Company discloses only the dates of employment and the title of the last position held of former employees.

4.13 PERFORMANCE EVALUATIONS

An employee may receive periodic performance reviews conducted by his or her manager. Your first performance evaluation may occur after completion of your introductory period, although, an evaluation may be provided earlier if deemed appropriate. After that review, performance evaluations may be conducted annually, on or about the anniversary date of your employment with the Company, or more or less frequently, as deemed appropriate. The frequency of performance evaluations may vary depending upon length of service, job position, past performance, changes in job duties or recurring performance problems.

For any job description of any job classification, the following will universally be considered essential functions of the job (in addition to other things) and will always be considered major factors in any performance evaluation: regular and reliable attendance; the ability to respond positively to direction and criticism of performance; the ability to work productively and harmoniously with others on a consistent basis; and the consistent maintenance of professional and appropriate demeanor.

Your performance evaluations may review factors such as the quality and quantity of the work you perform, your knowledge of the job, your initiative, your work attitude and your attitude toward others. The performance evaluations are intended to make you aware of your progress, areas for improvement and objectives or goals for future work performance. Favorable performance evaluations do not guarantee increases in salary or promotions. Salary increases and promotions are solely within the discretion of the Company and depend upon many factors in addition to performance. After the review, you will be required to sign the evaluation report simply to acknowledge it has been presented to you and discussed with you by your manager, and you are aware of its contents.

4.14 OPEN-DOOR

Suggestions for improving the Company are always welcome. At some time, you may have a complaint, suggestion or question about your job, your working conditions or the treatment you are receiving. Your good-faith complaints, questions and suggestions also are of concern to the Company. We ask you first discuss your concerns with your manager, following these steps:

1. As soon as possible after the occurrence, bring the situation to the attention of your manager, who will then investigate and provide a solution or explanation.

2. If the problem persists or you feel it would be uncomfortable or inappropriate to address the situation with your manager, you may describe it in writing and present it to the General Manager or Human Resources who will investigate and provide a solution or explanation. If you need assistance with your complaint, or if you prefer to make a complaint in person, contact Human Resources. We encourage you to bring the matter to Human Resources as soon as possible after you believe your manager has failed to resolve it.

3. If the problem is not resolved, you may present the problem in writing to the President of the Company, who will attempt to reach a final resolution. If you need assistance with the written complaint, contact Human Resources.

This procedure, which we believe is important for both you and the Company, cannot guarantee every problem will be resolved to your satisfaction. However, the Company values your observations and you should feel free to raise issues of concern, in good faith, without the fear of retaliation.

If you feel your working environment has an “emergency condition” that makes it unsafe to work, report the issue to your manager or Human Resources immediately.

An “emergency condition” means the existence of either of the following:

1. Conditions of disaster or extreme peril to the safety of persons or property at the workplace or worksite caused by natural forces or a criminal act.

2. An order to evacuate a workplace, a worksite, a worker’s home, or the school of a worker’s child due to natural disaster or a criminal act.

An “emergency condition” does not include a health pandemic.

“A reasonable belief that the workplace or worksite is unsafe” means that a reasonable person, under the circumstances known to the employee at the time, would conclude there is a real danger of death or serious injury if that person enters or remains on the premises. The existence of any health and safety regulations specific to the emergency condition and an employer’s compliance or noncompliance with those regulations shall be a relevant factor if this information is known to the employee at the time of the emergency condition or the employee received training on the health and safety regulations mandated by law specific to the emergency condition.

4.15 EMPLOYMENT OF RELATIVES

The Company may refuse to hire relatives of present employees if doing so could result in actual or potential problems in supervision, security, safety or morale, or if doing so could create potential conflicts of interest. The Company defines "relatives" as spouses, registered domestic partners, children, siblings, parents, in-laws and step-relatives.

If two employees become relatives, as defined above, causing actual or potential problems such as those described above, only one of the employees will be retained with the Company, unless reasonable accommodations can be made to eliminate the actual or potential problems. The employees will have thirty (30) days to decide which relative will stay with the Company. If this decision is not made in the time allowed, the President of the Company will make the decision, taking the employment history and job performance of both employees into account.

4.16 CONFLICTS OF INTEREST

All employees must avoid situations involving actual or potential conflicts of interest. Personal or romantic involvement with a competitor, supplier or subordinate employee of the Company, which impairs an employee's ability to exercise good judgment on behalf of the Company, creates an actual or potential conflict of interest. Manager-subordinate romantic or personal relationships also can lead to supervisory problems, possible claims of sexual harassment and morale problems.

An employee involved in any of the types of relationships or situations described in this policy should immediately and fully disclose the relevant circumstances to his or her manager, the General Manager, or Human Resources, for a determination as to whether a potential or actual conflict exists.

If an actual or potential conflict is determined, the Company may take whatever corrective action appears appropriate according to the circumstances, including termination. Failure to disclose facts will constitute grounds for disciplinary action.

4.17 REDUCTIONS IN FORCE

Under some circumstances, the Company may need to restructure or reduce its workforce. If restructuring our operations or reducing the number of employees becomes necessary, the Company will attempt to provide advance notice, if possible, to help prepare affected individuals. If possible, employees subject to layoff will be informed of the nature of the layoff and the foreseeable duration of the layoff, whether short-term or indefinite.

In determining which employees will be subject to layoff, the Company will take into account, among other things, the employee's length of service, operation and requirements, the skill, productivity, ability, and also, when feasible, past performance of those involved.

4.18 INVOLUNTARY TERMINATION

Violation of Company policies and rules may warrant disciplinary action, including termination. This policy in no way limits or alters the at-will employment relationship where employment may be terminated with or without cause and with or without advance notice.

4.19 VOLUNTARY RESIGNATION

Voluntary resignation results when an employee voluntarily quits his or her employment at the Company, or fails to report to work for three (3) consecutively scheduled workdays without notice to, or approval by, his or her manager.

5. STANDARDS OF CONDUCT

5.1 PROHIBITED CONDUCT

The following conduct is prohibited and will not be tolerated by the Company. This list of prohibited conduct is illustrative only; other types of conduct that threaten security, personal safety, employee welfare and the Company's operations also may be prohibited.

· Falsifying, altering, destroying or removing employment records, employment information or other Company records (employment information includes Social Security Numbers and any other documents used to verify identity and ability to work in the United States);

· Recording the work time of another employee or allowing any other employee to record your work time, or falsifying any timecard, either your own or another employee's;

· Theft, deliberate or careless damage or destruction of any Company property, or the property of any employee or customer;

· Removing or borrowing Company property without prior authorization;

· Unauthorized use of Company equipment, time, materials or facilities;

· Provoking a fight or fighting during working hours or on Company premised;

· Participating in horseplay or practical jokes on Company time or on Company premises;

· Carrying firearms or any other dangerous weapons on Company premises at any time;

· Engaging in criminal conduct whether or not related to job performance;

· Causing, creating or participating in a disruption of any kind during working hours or on Company premises;

· Insubordination, including but not limited to failure or refusal to obey the orders or instructions of a manager or the General Manager, or the use of abusive or threatening language toward a manager or the General Manager;

· Using abusive language at any time during working hours or on Company premises;

· Failing to notify a manager when unable to report to work;

· Unreported absence of three (3) consecutive scheduled days of work;

· Failing to obtain permission to leave work for any reason other than the meal period during normal working hours;

· Failing to observe working schedules, including reporting to work and taking rest and meal periods;

· Failing to provide a physician's certificate when requested or required to do so;

· Sleeping or malingering on the job;

· Making or accepting personal telephone calls, including cell phone calls, of more than three minutes in duration during working hours, except in cases of emergency or extreme circumstances;

· Working overtime without authorization or refusing to work assigned overtime;

· Wearing disturbing, extreme, unprofessional or inappropriate styles of dress or hair while working;

· Violating any safety, health, security or Company policy, rule or procedure;

· Committing a fraudulent act or a breach of trust under any circumstances;

· Committing of or involvement with any act of unlawful harassment of another individual;

· Coercion, intimidation or threats, including the use of abusive or threatening language, against anyone, including managers, co-workers, customers, suppliers, and visitors during working hours or on Company premises;

· Soliciting for or against any cause, organization or effort during work time;

· Distributing any literature, posting or removing notices, signs or memoranda without prior approval of Human Resources;

· Inefficiency, lack of productive effort or other unsatisfactory work performance;

· Disclosing or using confidential or proprietary Company information or documents for non-work-related purposes;

· Failing to promptly report work-related injuries, accidents or property damage.

· Producing unsatisfactory or careless work; failure to meet the Company's production or quality standards; mistakes due to carelessness or failure to obtain and follow necessary instructions; and/or

· Being intoxicated or under the influence of a controlled substance while at work; use or possession or sale of controlled substance drugs in any quantity while on Company premises except medications prescribed by a physician which do not impair work performance.

This statement of prohibited conduct does not alter the Company's policy of at-will employment. Either you or the Company remain free to terminate the employment relationship at any time, with or without reason or advance notice.

5.2 OFF-DUTY CONDUCT

While the Company does not seek to interfere with the off-duty and personal conduct of its employees, certain types of off-duty conduct may interfere with the Company's legitimate business interests. For this reason, employees are expected to conduct their personal affairs in a manner that does not adversely affect the Company's or their own integrity, reputation or credibility. Illegal or immoral off-duty conduct by an employee that adversely affects the Company's legitimate business interests or the employee's ability to perform his or her job will not be tolerated.

5.3 ADDITIONAL EMPLOYMENT

While employed by the Company, employees are expected to devote their energies to their jobs with the Company. For this reason, second jobs are strongly discouraged. The following types of additional employment elsewhere are strictly prohibited:

· Additional employment that conflicts with an employee's work schedule, duties and responsibilities at the Company;

· Additional employment that creates a conflict of interest or is incompatible with the employee's employment with the Company;

· Additional employment that impairs or has a detrimental effect on the employee's work performance with the Company;

· Additional employment that requires the employee to conduct work or related activities on the Company's property during the Company's working hours or using the Company's facilities and/or equipment; and/or

· Additional employment that directly or indirectly competes with the business or the interests of the Company.

Employees who wish to engage in additional employment that may create a real or apparent conflict of interest must submit a written request to the Company explaining the details of the additional employment. If the additional employment is authorized, the Company assumes no responsibility for it. The Company will not provide workers' compensation coverage or any other benefit for injuries occurring from or arising out of additional employment. Authorization to engage in additional employment can be revoked at any time.

5.4 DRUG TESTING

The Company may conduct employee drug and alcohol testing where the Company has a reasonable suspicion that an employee does or may have alcohol or drugs (or drug metabolites) in their bodily system while working, in violation of this policy. A reasonable suspicion may arise from the circumstances of a particular accident or injury occurring on the job; from a physical altercation between employees; from obvious impairment of physical or mental abilities such as slurred speech or difficulty maintaining balance; from unexplained significant deterioration in job performance or behavior, such as excessive absenteeism; from reports by co-employees of on-the-job alcohol or drug use or impairment; from employee admissions; or from any other evidence reasonably giving rise to a suspicion of on-the-job impairment from the use of alcohol or illegal drugs. Any drug test conducted by the Company will not include screening for cannabis/non-psychoactive cannabis metabolites.

Consent to the testing described above and the release of test results to the Company is a condition of employment. Failure to undergo such testing, or to consent to the release of test results to the Company, or a confirmed positive test result, will result in disciplinary action up to and including immediate termination.

Employees who provide false information in connection with a urine and/or blood test administered under this policy or who attempt to falsify test results through tampering, contamination, adulteration or substitution shall be subject to termination of employment.

Any employee reasonably suspected of possessing alcohol, an illegal drug, intoxicants, or a controlled substance is subject to inspection and search, with or without notice. Employees’ personal belongings, including any bags, purses, briefcases, and clothing, and all Company property, are also subject to inspection and search, with or without notice, upon reasonable suspicion. Any conviction for criminal conduct involving illegal drugs, intoxicants, or controlled substances, whether on or off duty, or any violation of this drug and alcohol abuse policy, including having a positive drug-test result, may lead to disciplinary action, up to and including termination, as allowed by law.

The use of prescription drugs and/or over-the-counter drugs may also affect employees’ job performance and seriously impair employees’ value to the Company. Any employee who is using prescription or over-the-counter drugs that may impair their ability to safely perform the job or may affect the safety or well-being of others may need to submit a physician’s statement that the prescription drug use will not affect their job safety. Employees are not required to identify the medication or the underlying illness. Various federal, state, and local laws protect the rights of individuals with disabilities and others regarding the confidentiality of medical information, medical treatment, and the use of prescription drugs and substances taken under medical supervision. Nothing contained in this policy is intended to interfere with individual rights under, or to violate, these laws.

5.5 PROHIBITION OF DRUGS AND ALCOHOL

The use of alcohol, illegal drugs, intoxicants, and controlled substances, whether on or off duty, can impair employees’ ability to work safely and efficiently. To maintain a safe and drug and alcohol-free workplace, the Company prohibits the use of these substances to the extent that they affect, or have the potential to negatively affect, the workplace. The Company will not jeopardize the safety of employees, or Company operations due to an individual’s poor judgment.

Accordingly, employees may not distribute, sell, possess, or use any illegal drug or alcohol while on Company property, or while conducting Company business. In addition, all employees of the Company are expected to report for work with no alcohol, illegal drugs (which includes their metabolites, except for non-psychoactive cannabis metabolites) in their bodies. Except as provided below, employees must not have illegal drugs or alcohol in their bodies at any time while on the job. Compliance with these rules is considered an essential job qualification. The Company has a zero tolerance for any violation of this policy, which will subject the employee to disciplinary action, including immediate discharge.

Illegal drugs are defined as any drug that (a) is not legally obtainable under state or federal law, or (b) is legally obtainable but has not been legally obtained under state or federal law. It includes prescribed drugs not legally obtained and prescribed drugs not being used for prescribed purposes or as prescribed. It also includes any substance that a person holds out to another as an illegal drug.

It is the intention of the Company to comply with state and federal laws. Where state and federal law differ, the Company will typically comply with federal law. For example, California permits the use and possession of marijuana for medical and non-medical/recreational purposes. Federal law does not. The Company considers marijuana to be an illegal drug for purposes of this policy. The Company prohibits employees from possessing, being impaired by, or using cannabis on the job, but pursuant to California law, the Company does not prohibit the employee from having non-psychoactive cannabis metabolites in their body.

The use or possession of alcoholic beverages on Company premises or while working is prohibited, except for minimal consumption of alcohol at designated or approved Company gatherings or under circumstances expressly authorized by the Company. For purposes of this policy workplace includes any location where an employee is conducting Company business.

Any employee who feels that they have developed an addiction to, dependence upon or problem with alcohol or drugs, legal or illegal may seek assistance. An employee who comes forward to voluntarily request assistance or an unpaid leave of absence for the purpose of treatment of alcohol or drug-related problems may be reasonably accommodated. However, the request for assistance or leave of absence must be made before the Company learns of any violation of this or any other Company policy. While participating in a treatment program the employee remains subject to all other Company policies, including those regarding attendance and performance standards.

The Company is not obligated to reemploy any person who has participated in treatment or rehabilitation if that person’s job performance remains impaired as a result of dependency. Employees who are given the opportunity to seek treatment and/or rehabilitation and are involved in any further violations of this policy may not be given a second opportunity to seek treatment or rehabilitation.

5.6 PUNCTUALITY AND ATTENDANCE

As an employee of the Company, you are expected to be punctual and regular in attendance. Any tardiness or absence causes problems for your fellow employees and your manager. When you are absent, your workload must be performed by others.

Employees are expected to report to work as scheduled, on time and prepared to start work. Employees also are expected to remain at work for their entire work schedule, except for meal periods or when required to leave on authorized Company business. Late arrival, early departure or other unanticipated and unapproved absences from scheduled hours are disruptive and must be avoided.

If you are unable to report for work on any particular day, you must, under all but the most extenuating circumstances, call your manager at least 30 minutes before the time you are scheduled to begin working for that day. If you call less than 30 minutes before your scheduled time to begin work and do not arrive in time for your assigned shift, you will be considered tardy for that day. In all cases of absence or tardiness, employees must provide their manager with an honest reason or explanation. Employees also must inform their manager of the expected duration of any absence.

If you are absent due to illness, medical evidence of your illness and/or medical certification of your fitness to return to work satisfactory to the Company may be required.

Excessive absenteeism or tardiness (whether excused or not) will not be tolerated and may be grounds for discipline, including termination. Even one absence or tardy may be considered excessive.

If you fail to report for work without any notification to your manager and your absence continues for a period of three (3) consecutive days, the Company will consider you have abandoned your employment and have voluntarily resigned.

Any employee who misses five or more days of work due to an illness/injury will be required to submit a doctor's release in order to return to work. Employees who do not submit a release will not be allowed to return to work until such certification is obtained.

5.7 DRESS CODE AND OTHER PERSONAL STANDARDS

Employees are expected to wear clothing appropriate for the nature of our business and the type of work performed. Clothing should be neat, clean, and tasteful. Avoid clothing that may create a safety hazard.

Servers: must wear a white short sleeved collared button up shirt (employees may furnish their own or voluntarily purchase one through the restaurant, at Company cost), khaki/tan colored pants, non-slip white shoes, name tag (one is provided at no cost, if lost the employee is responsible to buy a replacement), and an apron (provided by Company).

Kitchen Staff and Bussers: must wear a white short sleeved collared button up shirt (employees may furnish their own or voluntarily purchase one through the restaurant, at Company cost), black colored pants, non-slip black shoes, name tag (one is provided at no cost, if lost the employee is responsible to buy a replacement), and an apron (provided by Company).

5.8 CUSTOMER RELATIONS

Employees are expected to be polite, courteous, prompt, and attentive to every customer. When an employee encounters an uncomfortable situation that he or she does not feel capable of handling, the manager should be called immediately.

All of us must remember the customer always comes first. Our customers ultimately pay all of our wages. Remember, while the customer is not always right, the customer is never wrong.

Customers are to be treated courteously and given proper attention at all times. Never regard a customer's question or concern as an interruption or an annoyance. You must respond to inquiries from customers, whether in person, by electronic communication or by telephone, promptly and professionally.

Never place a telephone caller on hold for an extended period. Direct incoming calls to the appropriate person and make sure the call is received.

Through your conduct, show your desire to assist the customer in obtaining the help he or she needs. If you are unable to help a customer, find someone who can.

All correspondence and documents, whether to customers or others, must be neatly prepared and error-free. Attention to accuracy and detail in all paperwork demonstrates your commitment to those with whom we do business.

Never argue with a customer. If a problem develops or if a customer remains dissatisfied, ask your manager or the General Manager to intervene.

5.9 CONFIDENTALITY

Each employee is responsible for safeguarding the confidential information obtained during employment. In the course of your work, you may have access to, and become familiar with, information of a confidential, proprietary or secret nature regarding the Company's business (present and future), its suppliers, customers and/or employees. Such confidential information includes, but is not limited to, trade secrets, systems procedures, processes, know-how, confidential reports, forms, formulas, specifications, schematics, artwork, designs, copies, layouts, software, firmware, databases, customer and vendor lists and information, employee names and information, organization charts, sales and promotions, techniques, distribution formulas, market analysis, strategies, forecasts, equipment and methods used and preferred by customers, sales figures, pricing, cost data, financial performance, business plans, budgets, sales records, accounting and recipes.

It is essential that confidential information be kept confidential. All employees will be required to sign an agreement to that effect.

You must not disclose or use, directly or indirectly, any such confidential information during the term or your employment with the Company or at any time thereafter, unless required to do so in the performance of your duties for the Company. Access to confidential information should be on a "need-to-know" basis and must be authorized by your manager. Any breach of this policy will not be tolerated and legal action may be taken by the Company.

Safeguarding procedures include remaining aware of visitors, watching the kind of information that goes into the trash, and reporting actual or suspected compromise of confidential information immediately to your manager or Human Resources. No employee will be retaliated against for reporting such activities.

5.10 BUSINESS CONDUCT AND ETHICS

No employee may accept a gift or gratuity from any customer, vendor, supplier or other person doing business with the Company as it may give the appearance of influence regarding their business decision, transaction or service. Please discuss expenses paid by such persons for business meals or trips with the Company in advance.

5.11 NEWS MEDIA CONTACTS

Employees may be approached for interviews or comments by the news media. Only contact people designated by the President may comment to news reporters on Company policy or events relevant to the Company, even if the news media states it is off the record.

6. OPERATIONAL CONSIDERATIONS

6.1 COMPANY PROPERTY

Lockers, work stations, equipment, telephones, forms, procedures, supplies, confidential information (as defined in this Handbook) and any other Company property must be maintained according to Company rules and regulations. They must be kept clean and are to be used only for work-related purposes. The Company reserves the right to inspect all Company property to ensure compliance with its rules and regulations, without notice to the employee, and at any time, not necessarily in the employee's presence.

Company voicemail and/or e-mail are to be used for business purposes only. The Company reserves the right to monitor voicemail messages and e-mail messages to ensure compliance with this rule, without notice to the employee and at any time, not necessarily in the employee's presence.

No personal locks may be used on Company-provided lockers unless you furnish a copy of the key or the combination to the lock. Unauthorized use of a personal lock by an employee may result in losing the right to use a Company locker.

The Company may periodically need to assign and/or change passwords and personal codes for voicemail, e-mail and/or computer/tablet access. These communication technologies and related storage media and databases are to be used for Company business and they remain the property of the Company. The Company reserves the right to keep a record of all passwords and codes used and/or may be able to override any such password system.

Prior authorization must be obtained before any Company property may be removed from the premises.

For security reasons, employees should not leave personal belongings of value in the workplace. Personal items are subject to inspection and search, with or without notice, with or without the employee's prior consent.

Employees whose employment is terminated, for any reason, must immediately return all Company property in their possession or under their control.

6.2 USE OF ELECTRONIC MEDIA

Electronic Media: The Company uses various forms of electronic media, including, but not limited to, computers (desk top, lap-top and hand-held), e-mail, telephones (cellular and cordless), PDAs, voicemail, fax machines, all on-line services paid for by the Company, internet, and, intranet. All electronic media, including all software, hardware, databases, data and digital files contained in the electronic media, remain the sole property of the Company and are to be used only for Company business and not for any personal use.

No Illegal or Unauthorized Use: Electronic media and communications may not be used in any manner that would be discriminatory, harassing or obscene, or for any other purpose which is illegal, against Company policy or not in the best interest of the Company.

Employees who misuse electronic media and/or communications or engage in defamation, copyright or trademark infringement, misappropriation of trade secrets, discrimination, harassment, viewing of pornography or related actions will be subject to immediate termination.

Employees may not install personal software on Company computer systems. Employees are not permitted to access the electronic media and communications of other employees or third parties unless directed to do so by Company management.

Employees who use electronic media are required to use these methods of communication in strict compliance with the trade secrets and confidential communication policy established by the Company. Except for such uses, these communications tools should not be used for communicating confidential or sensitive information or any trade secrets.

Employees are not permitted to e-mail or electronically transfer Company property, files or information to their personal e-mail account(s) or to any other e-mail account or electronic storage device for their personal use.

Access to the internet, intranet, websites, and other types of Company-paid computer access are to be used for Company-related business only. Any information about the Company, its products or services, or other types of information that will appear in the electronic media about the Company must be approved by Human Resources before the information is placed on an electronic information resource that is accessible to others.

Ownership of Electronic Information: All electronic information created by any employee using any means of electronic media is the property of the Company and remains the property of the Company.

Passwords: Personal passwords may be used for purposes of security, but the use of a personal password does not affect the Company's ownership of the electronic information. The Company will override all personal passwords if it becomes necessary to do so for any reason.

Employees may not install or use anonymous e-mail transmission programs or encryptions of e-mail communication except as specifically authorized by Human Resources.

No Privacy: The Company reserves the right to access and review electronic files, messages, mail, and other digital archives, and to monitor the use of electronic media and internet usage as necessary to ensure there is no misuse or violation of Company policy or any law.

Employees should be aware even when a message has been deleted, it still may be possible to retrieve it from a backup system. Therefore, employees should not rely on the deletion or assume a message will remain private.

Personal Electronic Media: Employee's own personal electronic media may only be used during breaks. All of the Company policies, including the Company's no tolerance for discrimination, harassment or retaliation in the workplace apply. The Company reserves the right to adjust this policy on a case-by-case basis as it deems appropriate.

Social Media: For purposes of this policy, social media is a group of internet-based applications that allows people to communicate and exchange user-based content on-line. Examples of social media programs include, but are not limited to, Facebook, Linked-In and Instagram. If you have any question about which programs the Company deems to be social media, ask Human Resources.

The Company does not use, nor does it condone the use of, social media in the work place for any purpose. Use of social media on either Company-owned property or your own personal property during working hours can result in discipline, up to and including termination.

Questions: Questions about access to electronic media, communications or issues relating to security should be addressed to Human Resources.

6.3 PROHIBITED USE OF CELL PHONE CAMERAS

Employees are not permitted to use the camera function of a cell phone anywhere in the workplace.

6.4 EMPLOYEE PROPERTY

An employee's personal property, including, but not limited to, lockers, packages, purses and backpacks, may be inspected upon reasonable suspicion of unauthorized possession of Company property. The Company is not responsible for lost, damaged or stolen personal property.

Terminated employees should remove any personal items at the time they leave the Company. Personal items left in the workplace by previous employees are subject to disposal if not claimed at the time of the employee's termination.

6.5 WORKPLACE VIOLENCE

To help ensure a safe working environment, the Company has zero tolerance for acts of violence and threats of violence. Without exception, acts and threats of violence are not permitted. All such acts and threats, even those made in apparent jest, will be taken seriously and will lead to discipline, including termination.

It is every employee's responsibility to assist in establishing and maintaining a violence-free work environment. Therefore, you are encouraged to report any incident which may be threatening to anyone or any event which you reasonably believe is threatening or violent. You may report an incident to any manager or Human Resources.

The Company's workplace violence program is described in detail in the Company's Workplace Violence Prevention Plan.

6.6 SECURITY

The Company has developed guidelines to help maintain a secure workplace. Be aware of persons loitering for no apparent reason in parking areas, walkways, entrances and exits, and service areas. Report any suspicious persons or activities to security personnel or your manager. Secure your desk or office at the end of the day. When called away from your work area for an extended length of time, do not leave valuable and/or personal articles in or around your workstation that may be accessible. The security of facilities as well as the welfare of our employees depends upon the alertness and sensitivity of every individual to potential security risks. You should immediately notify your manager when unknown persons are acting in a suspicious manner in or around the facilities, or when keys, security passes or identification badges are missing.

The Company's workplace security program is described in detail in the Company's Workplace Violence Prevention Plan).

6.7 HEALTH AND SAFETY

Every employee is responsible for their own safety, as well as that of others in the workplace. To help the Company achieve its goal of maintaining a safe workplace, everyone must be safety conscious at all times.

In compliance with California law, and to promote the concept of a safe workplace, the Company maintains an Injury and Illness Prevention Program and a Fish House Foods Inc., Job Safety Manual.

In compliance with Proposition 65, the Company will inform employees of any known exposure to a chemical known to cause cancer or reproductive toxicity.

In the event of occupational injury or illness, of any severity, notify your manager immediately and obtain and complete appropriate workers' compensation forms.

Employees who work outside may be exposed to extreme temperatures or adverse working conditions, particularly in the summer months. All managers are trained in the prevention of heat illness. Please refer to the Company's Injury Illness and Prevention Program or talk to your manager for details on how to ensure you are protected from heat illness dangers.

6.8 ERGONOMICS

The Company is subject to Cal/OSHA ergonomics standards for minimizing workplace repetitive motion injuries. The Company will make necessary adjustments to reduce exposure to ergonomic hazards through modifications to equipment and processes and employee training. The Company encourages safe and proper work procedures and requires all employees follow safety instructions and guidelines.

The Company believes reducing ergonomic risk is a key factor in maintaining an environment of personal safety and well-being, and is essential to our business. The Company intends to provide appropriate resources to create a risk-free environment.

If you have any questions about ergonomics, please contact Human Resources.

6.9 SMOKING

Smoking is not allowed in any enclosed area of the facility or in Company vehicles.

6.10 HOUSEKEEPING

All employees are expected to keep their work areas clean and organized. Employees using common areas such as the break room and restrooms are expected to keep them sanitary.

Please clean up after meals and dispose of trash properly.

6.11 PARKING

Employees may park their vehicles in designated areas, if space permits. If space is unavailable, employees must park in permissible public areas in the vicinity of the Company property. Employees may not use parking areas specifically designated for customers. The Company is not responsible for any loss or damage to employee vehicles or contents while parked on Company property.

6.12 SOLICITATION AND DISTRIBUTION OF LITERATURE

In order to ensure efficient operation of the Company's business and to prevent disruption to employees, the Company has established control of solicitations and distribution of literature (electronic or printed) on Company property. The Company has established rules applicable to all employees governing solicitation, distribution of written material and entry onto the premises and work areas. All employees are expected to comply strictly with these rules. Any employee who is in doubt concerning the application of these rules should consult with his or her manager.

No employee will solicit or promote support for any cause or organization during his or her working time or during the working time of the employee or employees at whom such activity is directed.

No employee will distribute or circulate any written or printed material in work areas at any time, or during his or her working time or during the working time of the employee or employees at whom such activity is directed.

Under no circumstances will non-employees be permitted to solicit or to distribute written material for any purpose on Company property.

6.13 CONDUCTING PERSONAL BUSINESS AT WORK

Employees are to conduct only Company business while at work. Employees may not conduct personal business or business for another employer during their scheduled working hours.

6.14 BULLETIN BOARDS

The Company maintains bulletin boards located at the break room/near the kitchen.

Bulletin boards are used to provide information to employees concerning legally-required notices and matters of Company concern.

Employees may not post items on the Company bulletin board.

7. BENEFITS

7.1 UNPAID VACATION

The Company does not offer paid vacation days. Unpaid vacation schedules must be coordinated and cleared with your manager. Employees must request vacation time off, which if granted, will be provided at the sole discretion of the Company. Company schedules determine permissible vacation periods, which means employees may need to defer or otherwise adjust their vacation periods accordingly.

Vacations will be scheduled so as to provide adequate coverage of jobs and staff requirements. Generally, employees must submit a written request to their manager identifying specific vacation days desired, at least four weeks in advance.

7.2 PAID SICK LEAVE

Eligibility

The Company provides paid sick leave benefits to all employees. Employees must, however, work for the Company for thirty (30) days in California within a year from the commencement of employment. and must satisfy a continuous ninety (90) day employment period before he or she can take any accrued paid sick leave. Only once both of these requirements are satisfied will an employee be eligible to use accrued paid sick leave.

Accrual

Employees begin accruing paid sick leave on their first day of employment. Employees accrue one (1) hour of paid sick leave for every thirty (30) hours worked, up to a maximum of eighty (80) hours or ten (10) days, whichever is greater. Paid sick leave does not accrue on a fractional basis, and employees must work the full thirty (30) hours in order to accrue the one (1) hour of sick leave. Exempt employees accrue paid sick leave based on the employee's normal workweek or a forty (40)-hour workweek, whichever is less.

Carryover

Accrued but unused paid sick leave carries over from year to year, but is subject to a maximum accrual cap of eighty (80) hours or ten (10) days, whichever is greater. Once the accrual cap is reached, paid sick leave will stop accruing until some paid sick leave is used.

Use of Paid Sick Leave

A maximum of forty (40) hours or five (5) days, whichever is greater, of accrued paid sick leave may be used in a year. Employees who work ten (10) hour days will be entitled to use at a minimum fifty (50) hours of paid sick leave per year. Paid sick leave must be used in increments of two (2) hours or more.

Accrued paid sick leave may be used for the following reasons:

· For an employee, or the employee’s family member, to obtain a diagnosis, care, or treatment of an existing medical condition, or preventative care;

· For an employee who is a victim of domestic violence, sexual assault, or stalking, or whose family member who is a victim, for the purposes detailed in Section 8.9 of this handbook, titled Leave for Victims of Domestic Violence, Sexual Assault, or Stalking;

· For an employee who is a victim of certain felony crimes, or whose immediate family member is a crime victim, for the purposes detailed in Section 8.10 of this handbook, titled Victims of Crime Leave;

· Family and Medical Leave (FMLA/CFRA);

· Pregnancy Disability Leave;

· Bereavement Leave;

· Reproductive Loss Leave;

· Rehabilitation Leave;

· Bone Marrow or Organ Donation Leave;

· Jury Duty;

· To appear as a witness in any judicial proceeding, pursuant to a subpoena or court order; and

· Any other reason required by applicable law.

Definitions

For purposes of this policy, “family member” means a child (a biological, adopted or foster child; a stepchild; a legal ward; a child of a domestic partner; or a child of an employee standing in loco parentis); spouse (a person to whom an employee is legally married under the laws of the State of California, or the employee's domestic partner); parent (a biological, foster or adoptive parent; a step-parent; a legal guardian; or a person who stood in loco parentis when the employee was a minor child); grandparent; grandchild; sibling (a brother or sister, whether related through half blood, whole blood or adoption or one who is a step-sibling); parent-in-law; or a designated person. A designated person is to be identified at the time the employee requests paid sick days, and the employee is limited to one (1) designated person per twelve (12) month period.

For purposes of this policy, “immediate family member" is defined as a spouse, registered domestic partner, child, child of registered domestic partner, stepchild, parent, sibling, stepmother, stepfather, stepbrother, or stepsister.

Notice and Documentation

Employees are required to provide reasonable notification of an absence taken under this policy. In the case of foreseeable absences, the Company requests reasonable advance notification of up to seven (7) days of the employee's intention to use paid sick leave. In the case of unforeseeable absences, the Company requires notice of the need to use paid sick leave as soon as practicable. To the maximum extent permitted by applicable law, the Company may request documentation for the use of paid sick leave of more than three (3) consecutive work days or twenty-four (24) consecutively scheduled work hours, whichever is greater. Acceptable documentation includes documentation signed by a licensed health care provider indicating the need for the amount of paid sick leave taken.

Payment

Unless the employee advises the Company otherwise, the Company will assume, subject to applicable law, that employees want to use available paid sick leave for absences for reasons set forth above and employees will be paid for such absences to the extent they have accrued paid sick leave available. Employees will be notified of their available paid sick leave on each itemized wage statement.

Employees will receive payment for paid sick leave at their normal rate of pay at the time the sick leave is taken, and not inclusive of gratuities or other discretionary amounts. In no event will the rate of pay be less than the California minimum wage. Employees will only be paid for the number of hours regularly scheduled to work, or, if there is no set schedule, the number of hours the employee is reasonably anticipated to work, not inclusive of overtime. Payment will be made in the next regular payroll period after the leave was taken. Use of paid sick leave is not considered hours worked for purposes of calculating overtime.

Payout

Accrued but unused paid sick leave will not be paid at separation of employment. The Company will reinstate accrued paid sick leave hours of an employee rehired within one (1) year of separation.

Enforcement and Retaliation

Retaliation or discrimination against an employee who requests paid sick leave or uses paid sick leave, or both, is prohibited, and the employee may file a complaint with the California Labor Commissioner or a court of competent jurisdiction against an employer who retaliates or discriminates against the employee.

Please contact Human Resources with any questions regarding this policy.

7.3 HEALTH INSURANCE

Pursuant to state and federal law, small businesses with fewer than 50 full-time and/or full-time equivalent employees are not required to offer health insurance. Employees have been provided information on obtaining health insurance through the Affordable Care Act.

Please contact Human Resources with any questions regarding this policy.

7.4 STATE DISABILITY INSURANCE

Employees who are unable to work for at least eight (8) days due to a non-work-related illness or injury, or a pregnancy-related disability, may be eligible for disability insurance benefits through. California's State Disability Insurance (SDI) program, which is administered by the California Employment Development Department (EDD) and is funded by workers through SDI payroll deductions. Disability insurance provides eligible employees with up to 52 weeks of partial wage replacement benefits. Benefit amounts are based on a percentage of your wages paid during a specific 12-month base period, determined by the date your claim begins.

To apply for this benefit, you must provide written notice of the disability, including a doctor's certificate stating the nature of the disability and your expected date of return to work.

The SDI program does not create a right to a leave of absence, job protection, or job reinstatement.

You are responsible for filing your claim and other forms promptly and accurately with the EDD (www.edd.ca.gov).

7.5 PAID FAMILY LEAVE

Employees may be eligible to receive benefits through the California Paid Family Leave (PFL) program, which provides eligible employees with up to eight (8) weeks of partial wage replacement in any 12-month period to take time off from work to:

· care for a child, spouse, parent, grandparent, grandchild, sibling, parent-in-law or registered domestic partner, with a serious health condition;

· bond with a minor child within the first year of the child's birth or placement in connection with foster care or adoption; or

· participate in a qualifying exigency related to the covered active duty or call to covered active duty of the employee's spouse, domestic partner, child or parent in the Armed Forces of the United States.

The PFL program is administered by the EDD. Benefits are funded solely through payroll contributions by California workers to the EDD’s State Disability Insurance program. The EDD is solely responsible for determining if the employee is eligible for such benefits. The amount of benefits payable is determined by the EDD, based on the amount of income an employee made in a specific period of time.

If employees need to take time off work for any of the reasons set forth above, they must advise the Company, and they will be given information about the EDD's PFL program and how to apply for benefits. Employees also may contact their local EDD Office for further information.

The right to receive PFL benefits from the state does not provide employees with the right to take time off from work. Employees must request permission to take time off under the Company’s policies.

Employees should maintain regular contact with the Company during the time off work so the Company may monitor the employee's return-to- work status. In addition, the employee should contact the Company when ready to return to work so the Company may determine what positions, if any, are open.

Employees taking time off work for any of the reasons set forth above are not guaranteed job reinstatement unless they qualify for such reinstatement under federal or state family and medical leave laws.

Any time off for PFL purposes will run concurrently with other leaves of absence, such as the Family and Medical Leave Act and the California Family Rights Act, if applicable. Please see the Family and Medical Leave policy in the “Leaves of Absence” section of this handbook for eligibility requirements, if applicable.

7.6 UNEMPLOYMENT INSURANCE

The Unemployment Insurance program pays benefits to workers who have lost their job and meet the program’s eligibility requirements. The Company contributes thousands of dollars each year to the California Unemployment Insurance Fund on behalf of its employees.

7.7 SOCIAL SECURITY

Social Security is an important part of every employee's retirement benefit. The Company pays a matching contribution to each employee's Social Security taxes.

7.8 WORKERS’ COMPENSATION

The Company carries workers' compensation insurance as required by law to protect employees with work-related injuries or illnesses. Workers’ compensation benefits may include coverage for certain medical, surgical, and hospital treatment, payment for a portion of any lost earnings that result from work-related injuries or illnesses, and assistance to help qualified injured employees return to suitable employment. The cost of this coverage is paid completely by the Company. Failure to follow Company procedures may affect one's ability to receive workers' compensation benefits.

To receive workers’ compensation benefits, you must:

1. Report any work-related injury or illness to your manager or the General Manager immediately, no matter how minor;

2. Obtain a written claim form from the Company, and return the completed claim form as soon as possible;

3. Obtain needed medical treatment from the Company’s carrier medical facilities as instructed, and follow-up care if required; and

4. Provide the Company with a certification from your health care provider regarding the need for workers' compensation disability leave and your eventual ability to return to work from the leave.

The Company will advise the employee of the procedure for submitting a workers’ compensation claim, and if necessary, provide a referral to a medical care facility. Employees should retain all paperwork provided to them by the medical facility. Failure to promptly report a work-related injury or illness could result in a denial of benefits. An employee’s report should contain as many details as possible, including the date, time, description of the injury or illness, and the names of any witnesses.

The Company does not provide workers compensation benefits, or accept any liability, for any injury or illness that arises from an employee's voluntary participation in any off-duty recreational, social, or athletic activity or event that is not an expected or required as part of the employee's work-related duties. Employees who choose to participate in any such off-duty activities may be required to sign a written agreement to confirm that they are voluntarily assuming the risk of injury or illness and releasing the Company from any such liability.

Reinstatement from leave is guaranteed only if required by law. An employee's return depends on his or her qualifications for any existing openings. If after returning from a workers' compensation disability leave, an employee is unable to perform the essential functions of his or her job because of a physical or mental disability, the Company's obligations to the employee may include reasonable accommodation, as governed by the California Fair Employment and Housing Act (FEHA) and/or the Americans with Disabilities Act (ADA).

Any leave of absence due to a workplace injury or illness runs concurrently with all other Company leaves of absence. Employees who need to miss work due to a workplace injury or illness must also request a formal leave of absence. See the “Leaves of Absence” section of this Handbook for more information.

8. LEAVES OF ABSENCE

8.1 FAMILY AND MEDICAL LEAVE

Employees may be entitled to a leave of absence under the Family and Medical Rights Act (FMLA) and/or California Family Rights Act (CFRA). This policy is intended to provide employees with information concerning FMLA/CFRA entitlements and obligations they may have during such leaves. If employees have any questions concerning FMLA/CFRA leave, they should contact Human Resources.

Eligibility

To be eligible for this leave, employees must meet the following criteria:

· have been employed by the Company for at least 12 months (which need not be consecutive);

· have worked for the Company for at least 1,250 hours (excluding vacations, holidays, sick leave and unpaid leaves of absence) during the 12-month period before the leave begins; and

· FMLA only: the employee must be employed at a location where fifty (50) Company workers are employed or work within seventy-five (75) miles of each other.

Reasons for Leave

Leave under this policy is available for the following reasons:

· Child Care or Bonding. For leave due to the birth of the employee’s child, or placement of a child with the employee by adoption or for foster care (within twelve (12) months after the date of the child’s birth, adoption, or start of foster care).

· Employee’s Serious Health Condition. Includes work-related injuries.

· Family Member’s Serious Health Condition. To care for a spouse, child (under age 18, or age 18 or older who is incapable of self-care), parent, registered domestic partner, registered domestic partner’s child of any age, sibling, parent-in-law, grandparent, grandchild, or a designated person with a serious health condition. For purposes of this policy, a parent can mean someone who stands in loco parentis to the employee, and a child can be someone for whom the employee stands in loco parentis. A designated person is any individual related by blood or whose association with the employee is the equivalent of a family relationship. A designated person is to be identified at the time the employee requests leave, and the employee is limited to one (1) designated person per 12-month period. Time off to care for an employee’s registered domestic partner, registered domestic partner’s child, sibling, parent-in-law, grandparent, grandchild, or designated person counts only towards CFRA leave, not FMLA leave.

· Pregnancy Disability. For leave due to pregnancy disability, childbirth or related medical condition (counts only toward FMLA, and runs concurrently with California Pregnancy Disability Leave entitlements).

· Qualifying Exigency Involving a Servicemember. For leave because of any “qualifying exigency” arising out of the fact that an employee's spouse, registered domestic partner, son, daughter or parent is a military member on covered active-duty status (or has been notified of an impending call or order to covered active-duty status) in the Reserve component of the Armed Forces for deployment to a foreign country in support of a contingency operations or Regular Armed Forces for deployment to a foreign country.

Under FMLA, a “serious health condition” is an illness, injury, impairment or physical or mental condition that involves a period of incapacity or treatment connected with inpatient care (e.g., an overnight stay) in a medical care facility, hospice, or residential health care facility; or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the their job or prevents the qualified family member from participating in school or other daily activities.

Under CFRA, a “serious health condition” is an illness, injury, impairment, or physical or mental condition that involves either inpatient care in a hospital, hospice, or residential health care facility, any subsequent treatment in connection with such inpatient care or any period of incapacity; or continuing treatment by a health care provider, including but not limited to treatment for substance abuse. CFRA defines "inpatient care" broadly and includes a stay in a hospital, hospice, or residential health care facility, any subsequent treatment in connection with inpatient care or any period of incapacity. A person will be considered an "inpatient" when formally admitted to a health care facility with the expectation that they will remain at least overnight and occupy a bed, even if ultimately discharged or transferred to another facility and do not actually remain overnight. CFRA defines "incapacity" as the inability to work, attend school, or perform other regular daily activities due to a serious health condition, its treatment, or the recovery that it requires.

Under FMLA and CFRA, 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 at least two (2) visits to a health care provider or one (1) visit and a regimen of continuing treatment or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment.

“Qualifying exigencies” may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, caring for the parents of the military member on covered active duty, and attending post-deployment reintegration briefings.

A leave of absence in connection with a workers' compensation injury/illness or for which the employee receives disability or State of California Paid Family Leave benefits generally will be considered a leave for serious health conditions and will run concurrently with CFRA leave.

Length of Leave

FMLA and/or CFRA provide eligible employees up to twelve (12) weeks of unpaid leave in a 12-month period for child care or bonding, a serious health condition (other than a servicemember's serious health condition), or a qualifying military exigency reason. The 12-month period is determined by a rolling 12-month period measured backward from the date an employee uses any FMLA/CFRA leave.

In some instances, leave may be counted under FMLA but not CFRA or CFRA but not FMLA. In addition, an employee who is not eligible for FMLA/CFRA leave at the start of a leave because the employee has not met the 12-month length of service requirement can meet this requirement while on leave because leave to which the employee is otherwise entitled counts toward length of service requirement (but not the 1,250 hours requirement). It is Company policy to provide the greater leave benefit provided under FMLA or CFRA and to run leave concurrently under FMLA and CFRA whenever possible.

Under CFRA, eligible employees are provided up to twelve (12) weeks of unpaid leave in a 12-month period for child care or bonding, a serious health condition, or a qualifying military exigency reason in addition to any leave of absence to which an employee may be entitled on account of a disability resulting from pregnancy disability.

No more than a combined total of twenty-four (24) weeks of FMLA/CFRA leave in a 12-month period will be granted to a husband and wife who both work for the Company during which the leave is taken on account of the birth of a child, for placement of a child by adoption or for foster care, or to care for a child, spouse, or parent with a serious health condition.

Qualifying Exigencies

Federal law describes many circumstances that may be considered a "qualifying exigency." If there is any question on whether something is a qualifying exigency, the Company will use only such circumstances as are required by law and nothing in this policy should be considered to have granted any rights to leave that are not required by law. In any event, all qualifying exigencies require that the military member be the employee's spouse, son, daughter, or parent on active duty or call to active-duty status. Military members covered by this policy also include the employee's biological, adopted, or foster child, stepchild, legal ward, or a child for whom the employee stood in loco parentis, who is on active duty or call to active-duty status, and who is of any age. For purposes of this policy, a "parent" can mean someone who stands in loco parentis to the employee and a "child," "son" or "daughter" can be someone for whom the employee stands in loco parentis. A qualifying exigency is, as defined by applicable law: 1) Short-Notice Deployment; 2) Military Events and Related Activities; 3) Childcare and School Activities; 4) Financial and Legal Arrangements; 5) Counseling; 6) Rest and Recuperation; 7) Post-Deployment Activities; and 8) Additional Activities as agreed by the Company and employee.

Additional Military Family Leave Entitlement (Injured Servicemember Leave)

In addition to the basic FMLA/CFRA leave entitlement described above, an eligible employee who is the spouse, son, daughter, parent, or next of kin of a covered servicemember is entitled to take up to twenty-six (26) weeks of leave during a 12-month period to care for the servicemember with a serious injury or illness. Leave to care for a servicemember shall only be available during a single 12-month period and, when combined with other FMLA-qualifying leave, may not exceed 26 weeks during the single 12-month period. The single 12-month period begins on the first day an eligible employee takes leave to care for the injured servicemember.

A "covered servicemember" is 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 on the temporary retired list, for a serious injury or illness. These individuals are referred to in this policy as "current members of the Armed Forces." Covered servicemembers also include a veteran who is discharged or released from military service under conditions other than dishonorable at any time during the five-year period preceding the date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation or therapy for a serious injury or illness. These individuals are referred to in this policy as "covered veterans."

FMLA definitions of a "serious injury or illness" for current Armed Forces members and covered veterans are distinct from the FMLA definition of "serious health condition" applicable to FMLA leave to care for a covered family member.

Length of Injured Servicemember Leave

Leave time due to a "servicemember's serious health condition" may not exceed twenty-six (26) weeks off in any 12-month period, which includes up to twelve (12) weeks of leave for any other FMLA/CFRA-qualifying reason (i.e., birth or adoption of a child, a serious health condition of the employee or close family member, or a qualifying exigency.) For example, an eligible employee may, during the single 12-month period, take sixteen (16) weeks of leave to care for a covered servicemember and ten (10) weeks of leave to care for a newborn child. However, the employee may not take more than twelve (12) weeks of leave to care for the newborn child during the single 12-month period even if the employee takes fewer than fourteen (14) weeks of FMLA leave to care for a covered servicemember.

No more than a combined total of twenty-six (26) weeks of FMLA/CFRA leave in a 12-month period will be granted to a husband and wife who both work for the Company during which the leave is taken to care for a covered servicemember with a serious injury or illness.

Each instance of leave time due to a short-notice deployment "qualifying exigency" may not exceed seven (7) calendar days off. Each instance of leave time due to a rest and relaxation qualifying exigency may not exceed fifteen (15) calendar days. Each instance of leave time due to any additional activity to which the Company and employee agree is a qualifying exigency may not exceed the time agreed to by the Company and employee.

Intermittent Leave and Reduced Leave Schedules

FMLA/CFRA leave usually will be taken for a period of consecutive days, weeks, or months. However, employees also are entitled to take FMLA/CFRA leave intermittently or on a reduced leave schedule when medically necessary due to a serious health condition of the employee or covered family member. Intermittent or reduced work schedule leave may be taken for absences where the employee or family member is incapacitated or unable to perform the essential functions of the position because of a chronic serious health condition, even if they do not receive treatment by a health care provider. Intermittent or reduced work schedule leave also may be taken for any qualifying exigency.

Employees also are eligible for intermittent leave for bonding with a child following birth or placement. Intermittent leave for bonding purposes generally must be taken in two- (2) week increments, but the Company permits two (2) occasions where the leave may be for less than two (2) weeks.

Request for Leave

Provide Notice of the Need for Leave

To trigger FMLA/CFRA leave protections, employees must inform the Company of the need for FMLA/CFRA-qualifying leave and the anticipated timing and duration of the leave, if known. Employees may do this by either requesting FMLA/CFRA leave specifically or explaining the reasons for leave so as to allow the Company to determine that the leave is FMLA/CFRA-qualifying. For example, employees might explain that:

· a medical condition renders them unable to perform the functions of their job;

· they are pregnant;

· they or a covered family member have been hospitalized overnight;

· they or a covered family member are under the continuing care of a health care provider;

· the leave is due to a qualifying exigency caused by a military member being on covered active duty or called to covered active-duty status; or

· if the leave is for a family member, that the condition renders the family member unable to perform daily activities.

Calling in sick, without providing the reasons for the needed leave, will not be considered sufficient notice for CFRA leave under this policy. Employees must respond to the Company's lawful questions to determine if absences are potentially CFRA-qualifying.

If employees fail to explain the reasons for FMLA/CFRA leave, the leave may be delayed or denied. When employees seek leave due to FMLA/CFRA-qualifying reasons for which the Company has previously provided FMLA/CFRA protected leave, they must specifically reference the qualifying reason for the leave or the need for FMLA/CFRA leave.

Timing of Notice

Employees must provide thirty (30) days' advance notice of the need to take FMLA/CFRA leave when the need is foreseeable. When 30 days' notice is not possible, or the approximate timing of the need for leave is not foreseeable, employees must notify the Company of the need for leave as soon as practicable under the circumstances. Employees who fail to give 30 days' notice for foreseeable leave without a reasonable excuse for the delay, or otherwise fail to satisfy FMLA/CFRA notice obligations, may have FMLA/CFRA leave delayed or denied, to the extent permitted by applicable law.

Cooperate in the Scheduling of Leave

When planning medical treatment for themselves or their family members or requesting to take leave on an intermittent or reduced schedule work basis, employees must consult with the Company and make a reasonable effort to schedule treatment to minimize disruption of Company operations. Employees must consult with the Company before the scheduling of treatment in order to work out a treatment schedule that best suits the needs of both the Company and the employees, subject to the approval of the applicable health care provider.

To the extent permitted by applicable law, when employees take intermittent or reduced work schedule leave for foreseeable planned medical treatment for the employee or a family member, including a period of recovery from a serious health condition, the Company may temporarily transfer employees to alternative positions with equivalent pay and benefits for which they are qualified and which better accommodate recurring periods of leave.

Medical Certifications Supporting Need for Leave (Unrelated to Requests for Military Family Leave)

Depending on the nature of FMLA/CFRA leave sought, employees may be required to submit medical certifications supporting their need for FMLA/CFRA-qualifying leave. As described below, there generally are three types of FMLA/CFRA medical certifications: an initial certification, a recertification, and a return to work/fitness for duty certification.

It is the employee's responsibility to provide the Company with timely, complete and sufficient medical certifications. Whenever the Company requests employees to provide FMLA/CFRA medical certifications, employees must provide the requested certifications within fifteen (15) calendar days after the request, unless it is not practicable to do so despite diligent, good faith efforts. The Company will inform employees if submitted medical certifications are incomplete or insufficient and provide employees at least seven (7) calendar days to address deficiencies. The Company will delay or deny FMLA/CFRA leave to those who fail to address deficiencies or otherwise fail to submit requested medical certifications in a timely manner, to the extent permitted by applicable law.

The Company (through Human Resources) may contact the employee's health care provider to authenticate a medical certification, with the employee’s permission. Whenever the Company deems it appropriate to do so, it may waive its right to receive timely, complete, and/or sufficient medical certifications.

Initial Medical Certifications

Employees requesting leave because of their own, or a covered family member's, serious health condition must supply medical certification supporting the need for such leave from their health care provider or, if applicable, the health care provider of their covered family member. If employees provide at least thirty (30) days' notice of medical leave, they should submit the medical certification before leave begins.

If the Company has reason to doubt the validity of an initial medical certification regarding the employee's own serious health condition, it may require the employee to obtain a second opinion at the Company's expense. If the opinions of the initial and second health care providers differ, the Company may, at its expense, require employees to obtain a third, final, and binding certification from a health care provider designated or approved jointly by the Company and the employee. The Company will reimburse employees for any reasonable out-of-pocket travel expenses incurred to obtain second or third medical opinions.

Medical Recertifications

Depending on the circumstances and duration of FMLA/CFRA leave, the Company may require employees to provide recertification of medical conditions giving rise to the need for leave. The Company will notify employees if recertification is required and will give them at least fifteen (15) calendar days to provide medical recertification. Recertification will be requested only when the original certification has expired and additional leave is requested.

Return to Work Release

Employees returning to work from FMLA/CFRA leaves that were taken because of their own serious health conditions that made them unable to perform their jobs must provide the Company with medical certification confirming they are able to return to work, and the employees’ ability to perform the essential functions of the employees’ job, with or without reasonable accommodation. Employees taking intermittent leave may be required to provide a return-to-work release for such absences up to once every thirty (30) days if reasonable safety concerns exist regarding their ability to perform their duties. The Company may delay and/or deny job restoration until employees provide return to work/fitness for duty certifications.

Certifications Supporting Need for Military Family Leave

Upon request, the first time employees seek leave due to qualifying exigencies arising out of the covered active duty or call to covered active duty status of a military member, the Company may require employees to provide: 1) a copy of the military member's active duty orders or other documentation issued by the military indicating the military member is on covered active duty or call to active duty status and the dates of the military member's covered active duty service; and 2) a certification from the employee setting forth information concerning the nature of the qualifying exigency for which leave is requested. Employees shall provide a copy of new active-duty orders or other documentation issued by the military for leaves arising out of qualifying exigencies arising out of a different covered active duty or call to covered active-duty status of the same or a different military member.

When leave is taken to care for a covered servicemember with a serious injury or illness, the Company may require employees to obtain certifications completed by an authorized health care provider of the covered servicemember. In addition, and in accordance with FMLA regulations, the Company may request that the certification submitted by employees set forth additional information provided by the employee and/or the covered servicemember confirming entitlement to such leave.

Notice of Eligibility of Leave

Employees requesting FMLA/CFRA leave are entitled to receive written notice from the Company telling them whether they are eligible for FMLA/CFRA leave and, if not eligible, the reasons why they are not eligible. When eligible for FMLA/CFRA leave, employees are entitled to receive written notice of: 1) their rights and responsibilities in connection with such leave; 2) the Company's designation of leave as FMLA/CFRA-qualifying or non- qualifying, if not FMLA/CFRA-qualifying, the reasons why; and 3) the amount of leave, if known, that will be counted against the employee's leave entitlement.

The Company will respond to a leave request within five (5) business days. Once given, approval shall be deemed retroactive to the date of the first day of the leave. The Company may designate CFRA leave retroactively with appropriate notice provided that doing so does not cause harm or injury to the employee. In other cases, the Company and employee can mutually agree that leave is retroactively designated as CFRA leave.

Reporting Changes to Anticipated Return Date

If an employee's anticipated return to work date changes and it becomes necessary to take more or less leave than originally anticipated, they must provide the Company with reasonable notice (i.e., within two (2) business days) of the changed circumstances and new return to work date. If an employee gives the Company unequivocal notice of their intent not to return to work, they will be considered to have voluntarily resigned.

Utilization of Paid Sick Leave for Unpaid FMLA/CFRA Leave

During any FMLA/CFRA leave time for which an employee is receiving compensation from the State of California under the State Disability Insurance program, the Paid Family Leave program, or receiving compensation from workers’ compensation, employees will not be required to use accrued paid sick leave for any time off under this policy while they are receiving compensation under these programs. However, an employee may use accrued paid sick leave to supplement an employee’s disability benefits if: (1) the employee requests the use of the accrued paid sick leave; and (2) the disability leave plan does not provide the employee with complete wage replacement (e.g., if the plan only pays the employee 2/3 of his/her wages). Where applicable and permitted by law, employees will be required to use accrued paid sick leave during any waiting period applicable to these programs.

If leave is unpaid, the following requirements apply to the leave:

· If employees request FMLA/PDL leave because of a disability due to pregnancy childbirth or related medical conditions, they must first utilize accrued paid sick leave for unpaid FMLA/PDL leave.

· If employees request FMLA/CFRA leave because of their own serious health condition (excluding absences for which they are receiving workers' compensation or short-term disability benefits), they must first utilize any accrued paid sick leave for unpaid FMLA/CFRA leave.

· If employees request FMLA/CFRA leave to care for a covered family member with a serious health condition, upon written request employees can utilize accrued paid sick leave for unpaid FMLA/CFRA leave.

· If employees request CFRA leave to bond with a newborn child, employees cannot use accrued paid sick leave if the employees’ child is not ill or sick, because paid sick leave is contingent on the illness of the child.

The utilization of accrued paid sick leave for unpaid FMLA/CFRA does not extend the length of any FMLA/CFRA leave and the paid time off runs concurrently with any FMLA/CFRA entitlement.

Restoration of Employment and Benefits

At the end of FMLA/CFRA leave, employees generally have a right to return to the same or comparable position they held before FMLA/CFRA leave. Use of FMLA/CFRA leave will not result in the loss of any employment benefit that accrued prior to the start of an eligible employee's FMLA/CFRA leave.

Coordination of FMLA/CFRA Leave with Other Leave Policies

FMLA/CFRA does not affect any federal, state or local law prohibiting discrimination, or supersede any federal, state or local law which provides greater family or medical leave rights. For additional information concerning leave entitlements and obligations that might arise when FMLA/CFRA leave is either not available or exhausted, please consult the Company's other leave policies in this Handbook, or contact Human Resources.

Questions About FMLA/CFRA Leave

Please contact Human Resources with any questions regarding this policy. The Company is committed to complying with FMLA/CFRA and will interpret and apply this policy in a manner consistent with FMLA/CFRA.

8.2 PREGNANCY DISABILITY LEAVE

If employees are disabled by pregnancy, childbirth or related medical conditions, they are eligible to take a Pregnancy Disability Leave (PDL).

Time off needed for prenatal or postnatal care, severe morning sickness, gestational diabetes, pregnancy-induced hypertension, preeclampsia, doctor-ordered bed rest, postpartum depression, loss or end of pregnancy, and recovery from childbirth or loss or end of pregnancy are all covered by PDL.

Employees may request leave by notifying their manager or Human Resources.

If affected by pregnancy or a related medical condition, employees also are eligible to transfer to a less strenuous or hazardous position or to less strenuous or hazardous duties, if such a transfer is medically advisable and can be reasonably accommodated. Employees disabled by qualifying conditions may also be entitled to other reasonable accommodations where doing so is medically necessary. In addition, if it is medically advisable for employees to take intermittent leave or work a reduced schedule, the Company may require them to transfer temporarily to an alternative position with equivalent pay and benefits that can better accommodate recurring periods of leave.

Length of Leave

PDL is for any period(s) of actual disability caused by pregnancy, childbirth or related medical condition up to four (4) months per pregnancy. For purposes of this policy, "four months" means time off for the number of days the employee would normally work within the four (4) calendar months (one-third of a year, or 17 1/3 weeks), following the commencement date of taking a pregnancy disability leave. For a full-time employee who works forty (40) hours per week, "four months" means 693 hours of leave entitlement, based on forty (40) hours per week times 17 1/3 weeks. Employees working a part-time schedule will have their PDL calculated on a pro-rata basis.

PDL does not need to be taken in one continuous period of time but can be taken on an intermittent basis pursuant to applicable law.

Request for Leave

To receive reasonable accommodation, obtain a transfer, or take a PDL, employees must provide sufficient written notice so the Company can make appropriate plans. Thirty (30) days' advance notice is required if the need for reasonable accommodation, transfer or PDL is foreseeable, otherwise as soon as practicable if the need is an emergency or unforeseeable.

Employees are required to obtain a certification from their health care provider of the need for PDL or the medical advisability of an accommodation or for a transfer. The certification is sufficient if it contains: (1) a description of the requested reasonable accommodation or transfer; (2) a statement describing the medical advisability of the reasonable accommodation or transfer because of pregnancy; and (3) the date on which the need for reasonable accommodation or transfer became or will become medically advisable and the estimated duration of the reasonable accommodation or transfer.

A medical certification indicating disability necessitating a leave is sufficient if it contains: (1) a statement that the employee needs to take PDL because she is disabled by pregnancy, childbirth or a related medical condition; (2) the date on which the employee became disabled because of pregnancy; and the estimated duration of the leave.

Upon request, your manager or Human Resources will provide you with a medical certification form that you can take to your doctor.

Utilization of Paid Leave for Unpaid PDL Leave

PDL is unpaid. The Company requires that the employee use any available accrued paid sick leave during PDL The utilization of any paid sick leave will not extend the duration of the leave.

The Company encourages employees to contact the California EDD regarding eligibility for state disability insurance for the unpaid portion of the leave.

Return from Leave

As a condition of returning from PDL or transfer, the Company requires the employee to obtain a release from a health care provider stating that she is able to resume the original job duties, with or without reasonable accommodation.

Upon return from PDL, the employee, in most instances, will be reinstated to the same or comparable position.

Failure to notify the Company of their ability to return to work when it occurs, or continued absence from work because the leave must extend beyond the maximum time allowed, may be deemed a voluntary termination of employment with the Company, unless employees are entitled to CRFA leave, or entitled to further leave pursuant to applicable law.

Any request for leave after the disability has ended will be treated as a request for leave under FMLA and/or CFRA, if the employee is eligible for that type of leave. PDL runs concurrently FMLA, but not CFRA. Employees should refer to the “Family and Medical Leave” policy in this section of the Handbook. Employees who are not eligible for leave under FMLA or CFRA will have a request for additional leave treated as a request for disability accommodation.

Employees should contact Human Resources with any questions about PDL.

8.3 PERSONAL LEAVE OF ABSENCE

If an employee is ineligible for any other Company leave of absence, the Company, under certain circumstances, may grant a personal leave of absence without pay. A written request for a personal leave must be presented to their manager or Human Resources at least two (2) weeks before the anticipated start of the leave. If the leave is requested for medical reasons and the employee is not eligible for FMLA or CFRA, medical certification also must be submitted. The request will be considered on the basis of staffing requirements and the reasons for the requested leave, as well as performance and attendance records.

During the personal leave the employee is required to keep in touch with their manager or Human Resources, and give prompt notice if there is any change in the anticipated return date. If the personal leave of absence expires and the employee fails to return to work without contacting their manager or Human Resources, or fails to return to work when notified, the Company will consider this a voluntary resignation of employment.

8.4 BEREAVEMENT LEAVE

The Company will provide up to five (5) days of unpaid bereavement leave to employees who have been employed for at least thirty (30) days, upon the death of an employee’s spouse, child, parent, sibling, grandparent, grandchild, domestic partner, parent-in-law, or comparable step relation, or any other relation required by applicable law.

The five (5) days of bereavement leave does not need to be taken consecutively, but must be completed within three (3) months of the family member’s date of death. Bereavement leave is separate and distinct from leave permitted under CFRA. Employees must inform their manager before commencing bereavement leave. Any leave taken pursuant to this policy is unpaid, however, aAccrued paid sick leave may be used for this purpose.

The Company may require that the employee provide documentation of the death of the family member, including a death certificate, published obituary, or written verification of death, burial, or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution, or governmental agency. If requested, the employee must provide the documentation within thirty (30) days from the first day of leave. The Company will maintain the confidentiality of an employee who requests bereavement leave, and all related documentation will be maintained as confidential, and disclosed only as required by law.

8.5 REPRODUCTIVE LOSS LEAVE

The Company will provide up to five (5) days of reproductive loss leave to employees who have been employed for at least thirty (30) days, following a reproductive loss event. A reproductive loss event is defined as the day or, for a multiple-day event, the final day of a failed adoption, failed surrogacy, miscarriage, stillbirth, or an unsuccessful assisted reproduction. For purposes of this policy, an eligible employee is a person who directly suffered a reproductive loss event, is the current spouse or domestic partner of an individual who suffered a reproductive loss event, or is a person who would have been a parent of a child born if not for a reproductive loss event.

The five (5) days of reproductive loss leave does not need to be taken consecutively, but must be completed within three (3) months of the reproductive loss event. However, if before or immediately following a reproductive loss event, an employee is on or chooses to go on leave under another leave entitlement (e.g., PDL, CFRA, etc.), then the employee may complete their reproductive loss leave within three (3) months of the end of the other leave.

If an employee experiences more than one reproductive loss event within a 12-month period, the employee can receive another five (5) days of leave. Reproductive loss leave is capped at twenty (20) days within a 12-month period.

Any leave taken pursuant to this policy is unpaid, however, accrued paid sick leave may be used for this purpose.

The Company will maintain the confidentiality of an employee who requests reproductive loss leave, and all related documentation will be maintained as confidential, and disclosed only as required by law. The Company will not retaliate against an employee for exercising their rights under this section, or giving information or testimony as to their own reproductive loss leave, or another person’s reproductive loss leave, in an inquiry or proceeding related to rights guaranteed under this section.

8.6 ORGAN AND BONE MARROW DONOR LEAVE

The Company will provide employees, who have been employed with the Company for at least ninety (90) days, with a paid leave of absence for the purpose of donating bone marrow or donating an organ.

When donating bone marrow, you may take up to five (5) paid business days in any one-year period. The one-year period is measured from the date leave begins, and shall consist of twelve (12) consecutive months.

When donating an organ, you may take up to thirty (30) paid business days in any one-year period. The Company will also provide employees with an additional unpaid leave of absence of up to thirty (30) business days in a one-year period when donating an organ. The one-year period is measured from the date leave begins, and shall consist of twelve (12) consecutive months.

The employee must provide as much advance notice as possible to take leave to donate bone marrow or donate an organ, and provide written verification from a physician that the donation will take place and that there is a medical necessity for the donation.

The employee must first use up to five (5) days of accrued paid sick leave for bone marrow donation leave, and must first use up to two (2) weeks of accrued paid sick leave for organ donation leave, but the use of paid sick leave does not extend the term of the leave. If accrued paid sick leave is not available, the time off for such procedure shall be paid, however, the paid time off shall not exceed five (5) days for bone marrow donation leave, and thirty (30) days for organ donation leave.

Bone marrow donation leave and organ donation leave will not be designated as FMLA/CFRA leave. Absences due to bone marrow donation leave and organ donation leave do not count as a break in service for the purpose of the employee's right to salary adjustments, or seniority.

8.7 MILITARY LEAVE

An unpaid military leave of absence will be granted to employees who are absent from work because of service in the U.S. uniformed services, either voluntarily or involuntarily, in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA). Advance notice of military service is required unless military necessity prevents such notice, or it is otherwise impossible or unreasonable.

Employees on military leave for up to thirty (30) days are required to return to work for the first regularly scheduled shift after the end of service, allowing reasonable travel time. Employees on longer military leave must apply for reinstatement in accordance with USERRA and all applicable state laws.

Employees returning from military leave will be placed in the position they would have attained had they remained continuously employed or a comparable one depending on the length of military service in accordance with USERRA. They will be treated as though they were continuously employed for purposes of determining benefits based on length of service.

In addition to the military leave provided to employees, the Company will provide up to seventeen (17) days of job-protected unpaid leave per calendar year to an employee who is a member of the reserve corps of the armed forces of the United States, including the National Guard and the Naval Militia, when called to military duty for purposes of military training, drills, encampment, naval cruises, special exercises or the like, including travel time. Additionally, an employee in the California State Military Reserve is entitled to a temporary military leave of absence without pay while engaged in military duty for purposes of military training, drills, unit training assemblies or similar inactive duty training not to exceed fifteen (15) calendar days annually, including travel time. Reservists for the Federal Emergency Management Agency (FEMA) are also entitled to leave when they are deployed to disasters and emergencies on behalf of FEMA. The employee should give the Company as much advance notice of their need for leave as possible so the Company can maintain proper coverage while the employee is away.

8.8 MILITARY SPOUSE LEAVE

If an employee works, on average, at least twenty (20) hours per week and their spouse is a qualified member of the United States Armed Forces, the National Guard, or the Reserves, the employee is eligible to take unpaid leave for a period of up to ten (10) days while their spouse is home during a qualified leave period. When the employee is also eligible for military family member exigency leave, leave under this policy shall also count toward the employee's leave entitlement under FMLA/CFRA, where the time off meets the definition of FMLA/CFRA military exigency leave.

Within two (2) business days of receiving official notice that the employee's spouse will be on leave, the employee must provide notice to the Company of their intent to take military spouse leave. The employee must submit written documentation to the Company certifying that during the requested time off, the employee's spouse will be on leave from deployment during a period of military conflict.

For the purposes of this policy, the following definitions apply:

"Qualified Member" means any of the following:

· a member of the United States Armed Forces who is deployed during a period of military conflict to an area designated as a combat theater or combat zone by the President of the United States; or

· a member of the National Guard who is deployed during a period of military conflict; or a member of the Reserves who is deployed during a period of military conflict.

"Period of Military Conflict" means any of the following:

· a period of war declared by the U.S. Congress; or

· a period of deployment for which members of the Reserves are ordered to active duty.

"Qualified Leave Period" means the period during which the qualified member is on leave from deployment during a period of military conflict.

8.9 LEAVE FOR VICTIMS OF DOMESTIC VIOLENCE,/ SEXUAL ASSAULT, OR STALKING

Reasons for Leave

The Company will provide time off to an employee who is a victim, or who has a family member who is a victim, of a qualifying act of violence, for any of the following reasons:

· To obtain or attempt to obtain any relief. Relief includes, but is not limited to, a temporary restraining order, restraining order, or other injunctive relief, to help ensure the health, safety, or welfare of the employee, the employee’s child, or a family member.

· To seek, obtain, or assist a family member to seek or obtain, medical attention for or to recover from injuries caused by a qualifying act of violence.

· To seek, obtain, or assist a family member to seek or obtain, services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of a qualifying act of violence.

· To seek, obtain, or assist a family member to seek or obtain, psychological counseling or mental health services related to an experience of a qualifying act of violence.

· To participate in safety planning or take other actions to increase safety from future qualifying acts of violence.

· To relocate or engage in the process of securing a new residence due to the qualifying act of violence, including, but not limited to, securing temporary or permanent housing or enrolling children in a new school or childcare.

· To provide care to a family member who is recovering from injuries caused by a qualifying act of violence.

· To seek, obtain, or assist a family member to seek or obtain, civil or criminal legal services in relation to the qualifying act of violence.

· To prepare for, participate in, or attend any civil, administrative, or criminal legal proceeding related to the qualifying act of violence.

· To seek, obtain, or provide childcare or care to a care-dependent adult if the childcare or care is necessary to ensure the safety of the child or dependent adult as a result of the qualifying act of violence.

Definitions

For purposes of this policy:

“Family member” means a child (a biological, adopted or foster child, a stepchild, a legal ward, a child of a domestic partner, or a child of an employee standing in loco parentis); spouse (a person to whom an employee is legally married, or the employee's domestic partner); parent (a biological, foster or adoptive parent, a step-parent, a legal guardian, or a person who stood in loco parentis when the employee was a minor child); sibling (a brother or sister, whether related through half blood, whole blood or adoption, or one who is a step-sibling); grandparent; grandchild; parent-in-law; or a designated person. A designated person is to be identified at the time the employee requests paid sick leave, and the employee is limited to one (1) designated person per twelve (12) month period.

“Qualifying act of violence” means any of the following, regardless of whether anyone is arrested for, prosecuted for, or convicted of committing any crime: (A) domestic violence, (B) sexual assault, (C) stalking, or (D) an act, conduct, or pattern of conduct that includes any of the following: (i) in which an individual causes bodily injury or death to another individual, (ii) in which an individual exhibits, draws, brandishes, or uses a firearm, or other dangerous weapon, with respect to another individual, or (iii) in which an individual uses, or makes a reasonably perceived or actual threat to use, force against another individual to cause physical injury or death.

“Domestic violence” is defined as abuse or threats of abuse against any of the following: (a) a spouse or former spouse; (b) a cohabitant or former cohabitant; (c) a person with whom the abuser is having or has had a dating or engagement relationship; (d) a person with whom the abuser has had a child; (e) a child of the abuser; or (f) any other person closely related by blood or marriage (parents, siblings, grandparents, grandchildren, or a spouse’s parents, siblings, grandparents, and grandchildren).

“Sexual assault” is defined as any nonconsensual sexual act, including when the victim lacks capacity to consent.

“Stalking” is a course of conduct directed at a specific person that would cause a reasonable person to fear for that person’s safety or the safety of others or suffer substantial emotional distress.

Notification and Documentation

As a condition of taking time off for a purpose set forth in this policy, the employee shall give the Company reasonable advance notice of the employee’s intention to take time off, unless advance notice is not feasible. If an unscheduled absence occurs, the Company may request that within a reasonable time after the absence, the employee provide a certification to the Company. Certification shall be sufficient in the form of any of the following:

(A) A police report indicating that the employee or a family member of the employee was a victim.

(B) A court order protecting or separating the employee or a family member of the employee from the perpetrator of the qualifying act of violence, or other evidence from a court or prosecuting attorney that the employee or a family member of the employee has appeared in court.

(C) Documentation from a licensed medical professional, domestic violence counselor, a sexual assault counselor, victim advocate, licensed health care provider, or counselor that the employee or a family member of the employee was undergoing treatment or seeking or receiving services directly related to the qualifying act of violence.

(D) Any other form of documentation that reasonably verifies that the qualifying act of violence occurred, including, but not limited to, a written statement signed by the employee, or an individual acting on the employee’s behalf, certifying that the absence is for a purpose authorized under this section.

Request for Reasonable Accommodations

An employee who is a victim, or whose family member is a victim, of a qualifying act of violence can request reasonable accommodations if the employee is concerned for their safety while at work. Reasonable accommodations may include:

· the implementation of safety measures, including a transfer, reassignment, modified schedule, changed work telephone, permission to carry telephone at work, changed work station, or installed lock;

· assistance in documenting domestic violence, sexual assault, stalking, or another qualifying act of violence that occurs in the workplace;

· an implemented safety procedure, or another adjustment to a job structure, workplace facility, or work requirement in response to domestic violence, sexual assault, stalking, or other qualifying act of violence; or

· referral to a victim assistance organization.

The Company is not required to provide a reasonable accommodation to an employee who has not disclosed the employee’s status, or the employee’s family member’s status, as a victim.

The Company will engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations. In determining whether the accommodation is reasonable, the Company shall consider an exigent circumstance or danger facing the employee or their family member. The Company is not required to provide an accommodation that would constitute an undue hardship on the Company’s business operations, or violate the Company’s duty to furnish and maintain a place of employment that is safe and healthful for all employees.

The Company may request an employee requesting a reasonable accommodation to provide a written statement signed by the employee or an individual acting on the employee’s behalf, certifying, (1) that the accommodation is for a purpose authorized under this policy; and/or (2) demonstrating the employee’s status, or the employee’s family member’s status, as a victim. Certification shall be sufficient in the form of any of the categories described in (A) through (D) above in “Notification and Documentation”. If the Company requests certification, the Company may request recertification of an employee’s status, or an employee’s family member’s status, as a victim, or ongoing circumstances related to the qualifying act of violence, every six (6) months after the date of the previous certification.

If circumstances change and an employee needs a new accommodation, the employee shall request a new accommodation from the Company. Upon receiving the request, the Company will engage in a timely, good faith, and interactive process with the employee to determine effective reasonable accommodations. If an employee no longer needs an accommodation, the employee shall promptly notify the Company that the accommodation is no longer needed.

Confidentiality

The Company will maintain the confidentiality of any employee requesting leave or accommodations, and any verbal or written statement, police or court record, or other documentation provided to the Company identifying an employee or the employee’s family member as a victim shall be maintained as confidential by the Company, and shall not be disclosed by the Company except as required by federal or state law or as necessary to protect the employee’s safety in the workplace. The employee shall be given notice before any authorized disclosure. Furnishing evidence or providing a certification under this policy shall not waive any confidentiality or privilege that may exist between the employee or employee’s family member and a third party.

Discrimination or Retaliation Prohibited

The Company will not discharge or in any manner discriminate or retaliate against an employee because of the employee’s status, or the employee’s family member’s status, as a victim if the employee provides notice to the employer of the status or the employer has actual knowledge of the status, or requests a reasonable accommodation under this policy, regardless of whether the request was granted. It would be an unlawful employment practice for the Company to interfere with, restrain, or deny the exercise of, or the attempt to exercise, any right provided under this policy.

Unpaid Leave and Use of Paid Sick Leave

Any leave taken pursuant to this policy is unpaid, however, accrued paid sick leave or other accrued paid time off may be used for this purpose.

Time Limits for Leave

The Company limits the total leave taken pursuant to this policy as follows:

· Employee is the Victim: An employee who is a victim of a qualifying act of violence is entitled to up to twelve (12) weeks of leave.

· Employee's Family Member is the Victim:

o General Leave: An employee whose family member is a victim of a qualifying act of violence may take up to ten (10) days of leave.

o Relocation Purposes: Within the 10-day limit, if the leave is specifically for relocating or securing a new residence for the family member, the employee is entitled to up to five (5) days of leave.

Leave taken by an employee pursuant to this policy shall run concurrently with leave taken pursuant to the Family and Medical Leave Act (FMLA) and/or California Family Rights Act (CFRA), if the employee is eligible for those leaves. This policy does not create a right for an employee to take unpaid leave that exceeds the unpaid leave time allowed under, or is in addition to the unpaid leave time permitted by, the twelve (12) weeks provided under the FMLA or CFRA.

Questions regarding this policy should be directed to Human Resources.

8.10 VICTIMS OF CRIME LEAVE

Reasons for Leave

The Company will provide time off for employees who are victims of certain felony crimes, and for employees whose immediate family member is a crime victim, for the purpose of:

· Time off to attend judicial proceedings related to certain felony crimes; and

· Time off to attend any proceeding involving a post-arrest release decision, plea, sentencing, post-conviction release decision, or any proceeding in which a right of the victim is at issue.

Definitions

For purposes of this policy, “immediate family member" is defined as spouse, registered domestic partner, child, child of registered domestic partner, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother, father, or stepfather.

“Victim” means a person against whom one of the following crimes has been committed:

· A violent or serious felony, as defined in Penal Code sections 667.5(c) and 1192.7(c), including but not limited to, murder or involuntary manslaughter; attempted murder; mayhem; rape or sexual penetration; lewd or lascivious act on a child; continuous sexual abuse of a child; any felony or intent to commit a felony punishable by death or imprisonment in the state prison for life; any felony in which the defendant personally inflicts great bodily injury on any person; any felony in which the defendant personally uses a firearm; assault with intent to commit rape or robbery; arson; any burglary of the first degree; robbery or bank robbery; and kidnapping; or

· A felony provision of law proscribing theft or embezzlement.

Notification and Documentation

Employees who need time off under this policy shall provide the Company with a copy of the notice of each scheduled proceeding that is provided to the victim by the agency responsible for providing notice, unless advance notice is not feasible. When advance notice is not feasible or an unscheduled absence occurs, within a reasonable time after the absence employees must provide the Company with documentation evidencing the judicial proceeding from any of the following entities:

1. The court or government agency setting the hearing.

2. The district attorney or prosecuting attorney’s office.

3. The victim/witness office that is advocating on behalf of the victim.

Confidentiality

The Company will make reasonable efforts to keep confidential any records regarding the employee’s absence from work pursuant to this policy.

Discrimination or Retaliation Prohibited

The Company will not discharge or in any manner discriminate or retaliate against an employee, in compensation or other terms, conditions, or privileges of employment, because the employee is absent from work pursuant to this policy.

Unpaid Leave and Use of Paid Sick Leave

Any leave taken pursuant to this policy is unpaid, however, accrued paid sick leave or other accrued paid time off may be used for this purpose.

Questions regarding this policy should be directed to Human Resources.

8.11 REHABILITATION LEAVE

An employee may be entitled to rehabilitation leave if the employee voluntarily enters and participates in an alcohol or drug rehabilitation program. Such leave may be taken as an adjusted work schedule or a leave of absence provided the leave does not impose undue hardship on the Company.

An employee requesting rehabilitation leave must inform the Company as soon as practicable of the need for such leave.

Employees must be prepared to provide the Company with certification to verify the employee's participation in such a program. The Company will attempt to safeguard the privacy of an employee's participation in the rehabilitation program.

Any leave taken pursuant to this policy is unpaid, however, accrued paid sick leave may be used for this purpose.

Questions regarding this policy should be directed to Human Resources.

8.12 SCHOOL CONFERENCING INVOLVING SUSPENSION

Employees who are the parent or guardian of a student who has been suspended from school are provided unpaid time off to appear at the school in connection with that suspension, and, for reasons specified in the California Education Code, they have been requested to attend a portion of a school day in the classroom of their child or ward.

Employees may be required to provide documentation from the school of the need to take this leave. Any leave taken pursuant to this policy is unpaid.

8.13 SCHOOL ACTIVITIES

The Company will provide employees who have one or more children that are of the age to attend a licensed child care provider, kindergarten, or grades 1 through 12, with up to forty (40) hours of unpaid leave per calendar year for the purpose of either of the following child-related activities:

· to find, enroll or reenroll the child in a school or with a licensed child care provider, or to participate in activities of the school or licensed child care provider of the child. Time off shall not exceed eight (8) hours in any calendar month of the year.

· to address a child care provider or school emergency, meaning that the child cannot remain in school or with a child care provider due to one of the following:

o the school or child care provider has requested that the child be picked up or has an attendance policy, excluding planned holidays, that prohibits the child from attending or requires the child to be picked up from the school or child care provider;

o behavioral or discipline problems;

o closure or unexpected unavailability of the school or child care provider, excluding planned holidays; or

o a natural disaster, including, but not limited to, fire, earthquake or flood.

To be eligible for leave, employees must be a parent, guardian, step-parent, foster parent, grandparent, or a person who stands in the place of a parent (in loco parentis) to a child.

Before taking leave, employees must provide reasonable notice of the planned absence to their manager. If both parents of a child work for the Company, only one parent — the first to provide notice — may take the time off, unless the Company approves both parents taking time off simultaneously.

Employees may be required to provide documentation of their participation in these activities.

8.14 TIME OFF FOR VOLUNTEER FIREFIGHTERS, RESERVE PEACE OFFICERS, AND EMERGENCY RESCUE PERSONNEL

Employees who are volunteer firefighters, reserve peace officers or emergency rescue personnel are permitted unpaid time off to perform emergency duty. Additionally, if the Company has fifty (50) or more employees, such employees are eligible for up to fourteen (14) days of leave per calendar year to engage in fire, law enforcement, or emergency rescue training.

To the extent possible, employees must provide as much advance notice as practicable of their need for leave under this policy. Requests must be submitted to the employee's manager.

Employees must be prepared to provide the Company with certification from the respective emergency department to verify the employee's eligibility for such leave. In addition, when returning from leave, the employee must provide the Company with written documentation confirming that during the leave the employee was actively engaged in responding to an emergency or participating in scheduled training.

An employee will not be discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated against in the terms and conditions of employment by the Company because the employee has taken time off to perform emergency duty or engage in emergency rescue training under this policy.

8.15 CIVIL AIR PATROL LEAVE

An employee who is a volunteer member of the California Wing of the civilian auxiliary of the United States Air Force (commonly known as the Civil Air Patrol), who has been an employee with Company for at least 90 days, may take temporary, unpaid, leaves of absence, not to exceed a total of ten (10) days per calendar year, to respond to an emergency operational mission of the Civil Air Patrol. Civil Air Patrol leave for a single emergency operational mission will not exceed three (3) days, unless an extension of time is (i) granted by the governmental entity in charge of the mission and (ii) approved by the Company.

Employees requesting time off must notify the Company as soon as possible after learning the intended dates upon which such leave will begin and end. Employees must be prepared to provide the Company with certification from the proper Civil Air Patrol authority to verify the employee's eligibility for the leave requested.

An employee will not be discharged, threatened with discharge, demoted, suspended, or in any other manner discriminated against in the terms and conditions of employment by the Company because the employee has taken time off to respond to an emergency service operation as a member of the Civil Air Patrol.

8.16 JURY DUTY

The Company realizes that it is the obligation of all U.S. citizens to serve on a jury when summoned to do so. All employees will be allowed time off to perform such civic service as required by law. Employees are expected, however, to provide proper notice of a request to perform jury duty and verification of their service.

Employees also are expected to keep the Company informed of the expected length of jury duty service and to report to work for the major portion of the day if excused by the court.

Non-exempt employees will receive no pay while serving on jury duty, however, accrued paid sick leave may be used for this purpose. Exempt employees will receive their full salary unless they are absent for a full week and perform no work.

8.17 WITNESS LEAVE

The Company will provide employees with time off to appear in court or other judicial proceedings as a witness to comply with a valid subpoena or other court order. Employees are required to provide reasonable advance notice to their manager of the need for witness leave. Any leave taken pursuant to this policy is unpaid, however, accrued paid sick leave may be used for this purpose. Exempt employees who work any portion of a workweek in which they appear as a witness will receive their full salary for that workweek.

8.18 TIME OFF FOR VOTING

In the event an employee does not have sufficient time outside of working hours to vote in a statewide election, an employee may take off sufficient working time to vote. This time should be taken at the beginning or end of the regular work schedule, whichever allows the most free time for voting and the least time off from work. Employees must give their manager at least two (2) working days’ notice before the election. Employees will be allowed a maximum of two (2) hours of voting leave on Election Day without loss of pay. Your manager may ask you to present a voter’s receipt before you are paid for voting time off.

ACKNOWLEDGMENT OF RECEIPT OR ONLINE ACCESS OF EMPLOYEE HANDBOOK

I have been e-mailed, can access a copy online at the Company's website, or have received a printed copy of The Fish House Vera Cruz, Inc. (the “Company”) Employee Handbook (“Handbook”) with an effective date of February 2025. I understand and agree it is my responsibility to read and familiarize myself with the policies and procedures contained in the Handbook. If I have any difficulty reading or understanding any part of the Handbook, or if I wish to obtain a printed copy of the Handbook, I agree I will contact Human Resources or my manager. The original Acknowledgment of Receipt is in my personnel file.

I understand, except for employment at-will status, any and all policies or practices can be changed at any time by the Company. The Company reserves the right to change my hours, wages, and working conditions at any time.

I understand and agree no one other than the President of the Company has authority to enter into any agreement, express or implied, for employment for any specific period of time, or to make any agreement for employment other than at-will; only the President of the Company has the authority to make any such agreement and then only in writing, signed by the President.

I understand and agree nothing in the Handbook creates or is intended to create a promise or representation of continued employment and employment at the Company is employment at-will; employment may be terminated at the will of either the Company or myself, at any time, with or without advance notice and with or without cause.

My signature below certifies I understand the foregoing agreement on at-will status is the sole and entire agreement between the Company and myself concerning the duration of my employment and the circumstances under which my employment may be terminated, and, unless I have a written agreement signed by the President of the Company, it supersedes all prior agreements, understandings and representations concerning my employment with the Company.

Employee Signature: _______________________________ Date: _________________

Printed Name: ____________________________________

Manager/Witness Signature: __________________________ Date: __________________

Printed Name: ____________________________________

Employee Copy