Employee Handbook

WELCOME TO MRS MARTY’S

Mrs. Marty’s, which first opened in 1984 as a small luncheonette has since turned into a full service delicatessen known for its warm friendly atmosphere and quality Jewish cuisine. Founded by Marty Godfrey, the deli’s popularity and devoted following are a tribute to Marty’s hard work ethic, high-quality homemade foods and fun familial atmosphere.

Our guests are our business. Our aim, therefore, is to always exceed our guests’ expectations. Our deli however is only as good as its employees. By our employees making our guests feel special, they will return to dine at Mrs. Marty’s and recommend us to other customers. This requires courtesy, attention to detail and teamwork. In order to help us work together to reach these goals, we have prepared this Employee Handbook, applicable to all personnel.

It is important that you review the Handbook and comply with the standards that we have established. The Deli expects honesty, a safe working environment, and open communications. If you have any questions concerning any provision of the Handbook, please contact a Manager for an explanation. It is not possible to attempt to anticipate every situation that may arise in the workplace or how conditions may change, so the Deli in its discretion may from time to time supplement, modify, revise, or delete provisions of the Handbook, and any new or changed provisions will, going forward, become part of our agreement with our employees. This Handbook supersedes all previously issued policies or handbook topics and any inconsistent policy or benefit statements or memoranda.

Welcome to Mrs. Marty’s Deli.

EMPLOYMENT AT WILL

The contents of this employee handbook summarize present programs and policies intended as guidelines only for Mrs. Marty’s Deli (the “Restaurant”). These policies and programs and employee benefit plans may be amended at any time, and depending upon particular circumstances of a situation, the Restaurant’s ACTIONS MAY VARY FROM WRITTEN POLICY. AS SUCH, THE CONTENTS OF THIS HANDBOOK DO NOT CONSTITUTE A CONTRACT OF EMPLOYMENT. THIS HANDBOOK REVOKES AND SUPERSEDES ANY AND ALL PRIOR POLICIES, PROCEDURES AND CONDITIONS OF EMPLOYMENT, WHETHER ORAL OR WRITTEN. NOTHING CONTAINED IN THIS HANDBOOK SHOULD BE CONSTRUED AS A GUARANTEE OF CONTINUED EMPLOYMENT. RATHER, EMPLOYMENT WITH THE RESTAURANT IS ON AN “AT-WILL” BASIS. THIS MEANS THAT THE EMPLOYMENT RELATIONSHIP MAY BE TERMINATED AT ANY TIME, BY EITHER THE EMPLOYEE OR THE RESTAURANT, WITH OUR WITHOUT CAUSE AND WITH OR WITHOUT NOTICE FOR ANY REASON NOT EXPRESSLY PROHIBITED BY LAW. No one other than the Owners of Mrs. Marty’s Deli or their designate, have the authority to alter this arrangement, to enter into an agreement for employment for a specified period, or to make any agreement contrary to this policy. Furthermore, any agreement which alters the “at-will” nature of employment must be in writing and must be signed by one of the restaurant’s partners and you.

SECTION 1

CUSTOMER SERVICE

1.1 Guest Courtesy

As our business depends on providing each guest with a special, pleasant and memorable dinning experience, it is essential that employees be positive, courteous, and helpful. If you have any questions concerning how to handle a discourteous guest, you are to immediately notify a manager for assistance. No circumstances will justify your being sarcastic, rude, short with, raising your voice to, mimicking, or otherwise perpetrating or escalating unpleasantness to, with, or by a guest-such will not be tolerated and will be grounds for discipline, up to and including termination. When confronted with a difficult situation with a guest, not only will any relationship with that guest be impacted but likely that of our other guests who will likely not know or appreciate the circumstances, including any unpleasantness to which you were first subjected. If you feel you cannot cheerfully deal with a situation, excuse yourself and ask a manager for assistance. If there is ever a complaint where you do not know a proper solution, immediately consult a manager, do not simply ignore the guest. It should be the goal of all employees to provide our guests with the best service the Deli can with respect to health quality, timeliness, and effectiveness, to help ensure that our guests have a good time and will return and recommend us to others.

1.2 Teamwork

Although each employee will have specifically assigned job responsibilities, it is the overall job duty of all employees to work well together to help assure excellent service to our guests. Stun our guests with a good attitude and they will return. To this end, bickering, sarcasm, or rudeness in front of guests will not be tolerated. The main responsibility of every employee is to help ensure that every guest enjoys his or her time at the Deli. Our guests’ attitudes will only be as good as the attitudes of our employees.

1.3 Food Safety

For the benefit of our guests and co-workers, it is essential to maintain an environment where food preparation is safe and free from contamination and where strict adherence is made for safe food maintenance and preparation practices. Employees are expected to immediately report any perceived, potential, or know lack of compliance with any health department rule, regulation, or law or any restaurant/deli food maintenance or preparation practice. All employees are required to follow applicable law concerning food safety. Employees involved in food preparation and storage are expected to help assure that stored food products are cooled in compliance with health regulations. Similarly, all eating and cooking utensils, dishware, glassware, pots and pans, and other containers are to be sterilized and maintained in a safe condition.

1.4 Restaurant Safety

It is essential for both our guests and co-workers that the restaurant be maintained free of hazards and risks of injury or harm. Accordingly, it is essential that all employees follow all applicable safety rules and regulations and strive to eliminate any potential for an accident, especially by reporting any potentially dangerous conditions.

1.5 Problems to Report to Managers

Accidents and emergencies must be brought to the attention of a manager without delay, as they have been trained to take specific steps to help ensure the safety and well-being of our guests while protecting the interests of the Deli. You may be required to fill out appropriate incident reports. If there is any potential liability to a guest, only managers may volunteer information to or answer questions of a guest. Unless an employee is certified to do so, he or she should not attempt to perform first aid. In the event of a robbery or other dangerous situation, employees should not attempt to be heroes – your physical well-being and that of others is far more important than any property or monetary loss. In the event of a robbery or other dangerous situations, employees should make exiting the restaurant their first priority.

In addition, any unusual or awkward situations should be referred to a Manager immediately, such as:

• Malfunctioning or damaged equipment.
• Sick guest.
• Unruly guest.
• Guest who cannot pay.
• Guest attempting to leave the restaurant without paying.
• Authorizing complimentary food or beverage.
• Discounting meals.
• Assessing and reporting property damage.
• Injuries to guests or deli employees, or other medical emergencies.
• Employee injuries – all employee injuries must be reported immediately to your supervisor and a Workers’ Compensation Form filled out.

SECTION 2

AGAINST HARASSMENT AND DISCRIMINATION

2.1 Policy:

It is the policy of the Deli that no employee shall be subjected to any form of harassment, discrimination, or retaliation by any other employee, supervisor, guest, vendor, or other visitors to our workplace. This includes harassment, discrimination, or retaliation on the basis of sex, race, color, national origin, sexual orientation, marital or veteran status, religion, physical condition or handicap, mental condition, age or other characteristic protected by law. While the Deli cannot regulate private thoughts or preferences, it cannot and will not permit any form of conduct, verbal, physical, written or visual, which violates the rights of other employees to work in a harassment-free and discrimination-free environment. The conduct herein proscribed is not only strictly prohibited by the Deli, but harassment or discrimination in employment because of sex, race, color, ancestry, national origin, religion, physical disability, mental disability, age, sexual orientation or marital status may be PROHIBITED BY THE STATE, LOCAL AND FEDERAL LAW. The Deli does not tolerate any form of harassment, discrimination, or retaliation, even when it does not rise to the level of a violation of law. This policy applies to any employee, supervisor, manager, co-worker, professional, customer, contractor, vendor, client, or any non-employee who conducts business with the Deli.

2.2 Purpose

This formal policy against harassment and discrimination is formulated to protect our employees against any form of conduct which a reasonable person, taking into account the sensitivities of the employee, with respect to sex, sexual orientation, race, color, national origin, physical disability or handicap, mental disability, marital or veteran status or age or other characteristics protected by law. As to the prohibition against sexual harassment, this policy is formulated to protect all employees, both male and female, against unsolicited and unwelcome sexual overtures and conduct, whether physical, verbal, written, or visual in nature.

2.3 Definitions

Sexual harassment encompasses the following:

Any demand or subtle pressure for sexual favors that is accompanied by a promise or suggestion of favorable job treatment or threat against an employee’s employment status; and/or
Any behavior that is offensive to a reasonable person, including, without limitation, repeated sexual flirtations or propositions, comments or jokes of a sexual nature, suggestive gestures, leering, sexually degrading words, verbal or written comments about a person’s body or other suggestive comments, the display of sexually suggestive objects or pictures, and uninvited physical contact or touching; and/or
Retaliation based rejection, in whole or in part, of sexual advances or for complaining about sexual harassment in the workplace.

Other forms of harassment include creation of a hostile work environment due to an employee’s race, color, national origin, physical disability or handicap, sexual orientation, mental disability, or age, or retaliation for reporting any such form of harassment. Unlawful discrimination may be based on race, color, national origin, sexual orientation, physical disability or handicap, mental disability or marital or veteran status or age, whether or not it involves harassment, and any form of retaliation for reporting discrimination on any such basis.

2.4 Reporting of Violation

Any employee who believes he or she is a victim of a form of unlawful harassment, discrimination, or retaliation is to report the matter to a manager, general manager, or other restaurant owners as soon as possible after an incident occurs. The employee is not required to report through any particular chain of command, and certainly is not required to report or discuss the matter with any supervisor engaging in improper conduct. The Deli shall promptly and thoroughly investigate all claims of unlawful harassment discrimination, or retaliation. The confidentiality and privacy of employees will be respected during the investigation, with efforts made to avoid any unwarranted publicity or invasions of privacy.

2.5 Retaliation

The Deli strictly forbids retaliation against anyone who reports harassment or participates in any resulting investigation. Retaliation in the context of this policy, is any adverse employment action against an employee because the employee made of complaint of harassment or participated in the Deli investigation of a complaint. Such conduct will itself give rise to appropriate corrective action which typically results in termination. Examples of strictly prohibited retaliatory action include but are not limited to:

Disciplining, changing work assignments of, refusing to cooperate or discuss work-related matters with any employee because that employee has complained about or resisted harassment or retaliation; and
Intentionally pressuring, falsely denying, lying about, or otherwise covering up or attempting to cover up conduct such as that described in any item above.

2.6 Disciplinary Action

Depending on the results of the investigation of a claim of unlawful harassment, discrimination, or retaliation, disciplinary action up to and including termination will be taken against any employee the Deli believes, in its sole discretion, to have violated this policy against unlawful harassment, discrimination, or retaliation.

2.7 Equal Employment Opportunity

The deli believes that all employees are entitled to Equal Employment Opportunity, and that the success of the Deli is primarily dependent on you, our employees. We do not discriminate against employees or applicants for employment because of race, age, creed, color, religion, gender, sexual-orientation, marital status, national origin, handicap, physical or mental disability, veteran’s and/or military status, or any other characteristic protected under applicable federal, state and local law. This policy applies to all employment practices of the Deli including, but not limited to, recruiting, hiring (or failure to hire), placement, promotions, transfers, training, compensation, fringe benefits, demotions, layoffs and harassment, sexual or otherwise, in the workplace.

Similarly, the Deli believes that all patrons are equally entitled to a courteous, prompt and enjoyable dining experience. As such, the Deli does not in any way discriminate, nor allow its employees or others to in any way discriminate, against patrons based upon the above-described legally protected characteristics.

In support of this policy, the Deli will not permit the use of racial, religious, age-related, sexual or ethnic epithets, innuendoes, slurs or jokes. Accordingly, epithets, innuendoes, slurs or jokes related to membership in any of the above listed categories are prohibited, even though that conduct may not itself be unlawful. All employees shall conduct themselves in a professional manner and shall refrain from sexual advances, verbal or physical conduct of a sexual nature, or requests for sexual favors.

Any employee who violates this policy and our commitment to equal employment opportunity shall be subject to discipline up to and including an unpaid suspension or termination of employment.

You should report any claim of discrimination or harassment to a manager or Deli owner.

Section 3

EMPLOYMENT PRACTICES

3.1 “Open Door” Policy

The Deli’s management is devoted to an “open door” policy, whereby employees are encouraged to discuss, without threat of adverse job action, any problems they are having at work or with co-workers, unless such is awkward or otherwise inappropriate, employees are urged, in order of priority, to discuss the same first with the employee’s direct supervisor or manager, and then the general manager. Employees can also bring the issue to the attention of the owner.

3.2 Conflicts of Interest

It is the policy of the Deli to deal with those doing business with it in a fair and objective manner, without favor or preference based on personal considerations. Accordingly, employees are to avoid becoming involved in any situation in which dual loyalties or self interest exist or appear to exist. This includes, but is not limited to, seeking or accepting payments or other benefits from any guest, except tips without a reasonable range, or from any person or firm as a condition or a result of doing business with the Deli; without express written consent of a manager or the owner, doing business with a close relative or business associate on behalf of the corporation an owner of which is a competitor of the Deli and supervisor-subordinate romantic relationships. Regular, full-time employees must, in any event, obtain authorization to engage in employment outside of the Deli, which authorization may be revoked at any time if believed to be in the interest of the Deli to do so.

Knowingly engaging in a transaction which constitutes a conflict of interest or failing to timely disclose the facts of any such actual or potential conflict is cause for disciplinary action, up to and including termination. If any doubts arise concerning whether or not a current or proposed transaction constitutes a conflict of interest, an employee should contact his or her manager or owner for determination of whether a potential or actual conflict may exist and a determination of what corrective action, if any, should be taken.

3.3 Alcohol and Controlled Substances Policy

A. Policy Statement

To protect the safety and well-being of our guests and employees, the Deli strictly prohibits the use, sale, possession, distribution, or being under the influence of alcohol or controlled substances while on duty.

The Deli reserves the right to search Deli property and employee’s property and possessions, including, but not limited to, lockers, backpacks, purses, bags and packages on the Deli premises if the Deli has a reasonable suspicion that the employee has violated the policy. Such searches will be conducted in a discretionary manner. Employees refusing to cooperate with a search conducted under this policy will be subject to discipline up to any including discharge.

B. Duty of other Employees

Employees who believe that a fellow employee is working under the influence of alcohol or drugs, has been in an accident at work where drugs or alcohol appears to have been involved, or is selling, distributing, possessing or using alcohol or controlled substances while on duty has a duty to immediately notify their supervisor and/or owner so that appropriate action can be taken. Managers who have been informed of an employee or have any such belief about any employee, whether or not in their department, should immediately notify the owner.

3.4 Confidential Information

The protection of confidential business information is vital to the interests of the Deli. Confidential information should not be disclosed to unauthorized persons outside the Deli or to persons within the Deli other than those with a need to know it. Confidential information includes, but is not limited to, the following information of or relating to the Deli:

Food preparation techniques and recipes.

Employee compensation data.

Financial information, including, without limitation, sales volume, costs of food AND beverages, or labor, gross or net margins or losses, and assets or liabilities.

Market information, programs, and strategies.

Pending projects, proposals, or plans, including for new service dishes.

Supplier and vendor lists and identities.

Any other Deli trade secrets.

Employees who have regular access to confidential information may be required to sign a non-disclosure agreement as a condition of employment or continuing employment. Any employee who discloses confidential business information to unauthorized persons will be subject to disciplinary action up to and including immediate termination. If any doubts arise concerning whether or not specific information should be disclosed, an employee should contact his or her supervisor or the owner.

3.5 Employment of Relatives

The Deli will not employ relatives in positions where, in the deli’s sole discretion, such employment creates or has the potential to create conflicts of interest, or affects or has the potential to affect safety, security, or work force morale. The term “relative” includes spouses, domestic partners, parents, children and siblings.

SECTION 4

HOURS OF WORK

4.1 Payroll Work Week and Work Day:

The work week for payroll purposes will commence at 12:01 a.m. Friday and ends at 12:00 midnight the following Thursday. An employee’s work day for payroll purposes shall be the twenty four (24) hour period commencing at 12:01 a.m. of each assigned work day,

4.2 Time Records

All non-exempt (hourly) employees are required to clock in and out for each day or portion thereof worked. Time records must reflect time actually spent on the job, not just scheduled hours. Employees are to punch out on the time clock or otherwise reflect on their time records any time taken for meal breaks, but need

4.3 Need for Punctuality

Absence and tardiness for any reason is harmful to the Deli, disruptive of your own work, and places an added burden on your co-workers. Accordingly, each employee should make every effort to avoid unnecessary absences. To do this, you must first recognize that parental responsibilities, recreational needs, and pressing personal business do not absolve you of your responsibilities to your job and your co-workers. Many seemingly unavoidable absences and “tardiness” can be avoided by more thoughtful scheduling and by proper placement of values. An absence or “tardy” is considered excused only when you call ahead of time and is for a compelling reason. The Deli reserves the right, in its sole discretion, to determine what constitutes a compelling reason. Absences and tardiness may lead to discipline up to and including termination.

4.4 Necessity for Prompt Reporting of Absences and Lateness

All unscheduled absences, including absences due to illness or injury, and tardiness shall be reported by the employee to a manager or owner as far in advance as possible in order that a replacement may be located. Unless due to proven incapacity, absences should not be reported by fellow employees, relatives, friends, neighbors, or others. The employee has the responsibility to obtain the name of the manager or owner to whom the absence was reported. Hence, in no event shall an employee fail to call in to report such an absence or lateness less than three (3) hours before a scheduled start time.

4.5 Leaving Restaurant During Workday

If it becomes necessary for an employee to leave the Deli premises during working hours, permission must be obtained from the employee’s immediate supervisor. Any employee who leaves the premises for personal reasons must clock out when he or she leaves and clock in when he or she returns to work. Non-exempt employee must clock in and out as well.

4.6 Reporting Back

An employee returning from an absence must report to his or her manager before beginning work. If the absence was caused by illness, injury, or other temporary disability, the Deli may require a health care provider’s statement verifying the reason for the absence and confirming that the employee is physically able to resume his or her duties.

4.7 Scheduling of Work

It is an employee’s duty to know his or her work schedule. As reasonably practicable, work schedules shall be posted by the Deli in advance. However, changes from time-to-time are inevitable due, for example, to employee sickness and changes of personnel. Accordingly, employees must keep management advised of current telephone numbers and address in the event late changes in scheduling are required. It is your responsibility to check the schedule for any last minute changes.

4.8 Requesting a Schedule Change

If a temporary or isolated change in an employee’s work schedule is needed, it is the employee’s duty to request a schedule change as far in advance as possible. A delay in requesting a change may affect whether or not the change is granted. All schedule changes must be approved in writing by a manager before they are effective.

4.9 Overtime Work

Due to the nature of the Deli’s business, overtime, weekends, and/or holiday work is necessary on a regular basis and an employee’s performing reasonable amounts of such work is a condition of employment. The Deli will attempt to give advance notice to employees designated to perform overtime or nonstandard weekend or holiday work; however, employees may be required to perform such work on short or no notice.

4.10 Grounds for Disciplinary Action or Discharge

Unexcused and excessive absences and tardiness will be cause for disciplinary action up to and including dismissal. Unless due to total incapacity, any employee absent for one (1) or more working days without contacting the Deli may be terminated without further warning or notice.

4.11 Nonworking Employees

Due to issues including liability insurance considerations, guest capacity and service issues, when off duty, employees are not permitted to remain in, or enter into, deli property for any purpose. The deli certainly welcomes employees back as customers, provided you have received prior management approval.

SECTION 5

WAGE AND SALARY ADMINISTRATION

5.1 Wage Policy

All employees are assigned position titles which reflect, in a general way, the work normally performed. Each position title has been assigned a pay rate, range for that job. Newly hired employees are assigned a rate of pay within that range, in keeping with their qualifications, training and experience. Subsequent increases are based on merit. Management reserves the right to pay employees outside of the pay range as circumstances may warrant.

5.2 Paydays

All employees will be paid once a week, and checks shall be available for pickup in the deli’s office after 4 p.m. on Friday for the prior pay period. If the payday falls on a holiday, paychecks will be available on the next work day.

5.3 Payroll Deductions

By law, the Deli is required to make standard deductions from all paychecks, as for social security, state, federal and local income taxes, and other legislatively-mandated taxes and deductions. With an employee’s prior written authorization, other deductions may be taken. Withholding status shall be determined by W-4 forms with reasonable exemptions signed by the employee.

5.4 No Employee Advances or Loans

To allow uniform administration, the Deli must maintain a strict policy against advancement of wages or loans to all its employees. Accordingly, please avoid embarrassment to you and management by not seeking an advance or loan.

5.5 Tips and Gratuities

Since tips or gratuities are considered to be taxable income, any employees receiving tips are required by law to declare their net or “take home” tips, whether paid directly by guests or by the deli upon receipt of credit card tip amounts. Please be sure to carefully maintain records of your own tips for tax purposes, for which the deli may supply reporting sheets for your ease of record keeping. Failure to report accurate gratuity information could be deemed to be tax fraud by the employee and may also subject the Deli to liability. A reporting procedure will be explained as part of your orientation and may be updated from time to time as the laws or regulations may change or be clarified. Due to the risk of liability to the Deli, any wrongdoing in this regard may result in discipline, up to and including termination of employee.

5.6 Performance Evaluations

From time-to-time an employee’s manager may review an employee’s job performance. As part of any such review, the employee will be apprised of his or her strengths and weakness. When appropriate, an employee may be counseled on areas where improvement is necessary. Positive evaluations do not guarantee increases in compensation or benefits or a promotion.

5.7 Overtime Pay

Overtime pay is payable to nonexempt (hourly) employees only, as provided by applicable law, and will be computed on the basis of hours actually worked. Hours of work compensated at overtime rates will not be counted or credited further for any purpose, as, for example, vacation time or sick day allowances. Employees are required to get Manager approval prior to working any overtime.

SECTION 6

ADDITIONAL BENEFITS

6.1 Workers Compensation

If you are injured on the job, you may be entitled to receive workers’ compensation benefits. You should immediately report all accidents to a manager so that a claim form can be completed. Failure to report an accident or injury could result in a loss of benefits. This form must be submitted to both the Workers’ Compensation Board and an insurance carrier immediately after the accident. We also require that you and any other employees who witness the accident document what happened and record other related information. This information must be submitted to a manager and will be kept on file with the claim.

6.2 Meal Policy

Employees are entitled to a twenty five percent (25%) discount on all food and beverages. The discount will be applied to the Deli’s regular menu prices and is not applicable to any sale items or other discounts including but not limited to: (Senior, Military, active coupons or other specials running).

If an employee is working a shift at the Deli and would like to order food to eat during his break, He or She must order through a manager only. It is then the employees responsibility to get the printed ticket from the cook or sandwich maker and bring it up to the same manager who will then staple it to the original sales receipt and initial it. If the employee wishes to pay for the meal at that time then a third (3) sales receipt showing payment must also be stapled together. If not the employee can opt to have the cost taken out of their paycheck.

If any employee asks a co-worker to make them a meal, helps themselves and/or does not have all the appropriate paperwork signed off on as mentioned above, it will be cause for disciplinary action up to and including dismissal.

An employee may use his or her discount during their work shift or may come in on their day off to dine. If an employee wishes to come in on their day off with guests, please note the discount only applies to the current employee and not their guests. If there is one check the manager will separate out the discounted items from the rest of the guests meals.

SECTION 7

LEAVE OF ABSENCE

Jury Duty Leave

The Deli realizes that it is the obligation of al U.S. citizens to serve on a jury when summoned to do so. Employees will be allowed time off to perform such service. You are expected however, to report to work for the major portion of the day should you be excused by the court early on that day.

In compliance with Pennsylvania law, an employee who serves on jury duty, will be paid any statutory amount required by the Deli for each day served up to and including the third day of jury service. Employees must show proof of Jury Service in order to be paid.

In order to receive payment, an employee must give his/her supervisor a copy of his/her jury summons notice and documentation of the amount received for jury duty service. Prior notice that you have been summoned for jury duty, as well as furnishing satisfactory evidence that you have reported for, or performed jury duty, on the days for which you are claiming payment, is required. An employee is also required to give his/her supervisor or manager as much advanced notice as possible and provide a copy of the jury duty notice upon receipt.

Evening employees who serve on jury duty are expected to report to work, however they will be allowed to arrive late for their shift based on the requirements of jury duty on a particular day. Employees who regularly work Saturday and/or Sunday are expected to report for work on those days unless advised otherwise by their supervisor.

SECTION 8

WORK RELATED ACCIDENTS AND INJURIES & SECURITY

8.1 Policy

The health and safety of its employees is of paramount importance to the Deli accordingly, all employees are required to comply with the Deli’s health and safety rules. In addition, employees are required to promptly report all work related accidents, injuries, and illnesses to their supervisor, and to comply with the Deli’s procedure regarding treatment for job related injuries and illnesses. All such accidents must be reported as soon as they occur.

8.2 Safety and Health Policies and Testing

Employees are required to comply with all Federal, State and Local laws concerning safety and health standards. Periodic employee testing of policies and legal requirements concerning safety and health standards may be required.

8.3 Accidents

Any accident involving a Deli employee while working or while on Deli premises, regardless of whether it involves an injury to a person, must be reported by the involved employee to his or her supervisor within four (4) hours of occurrence or by the end of the involved employee’s workday, whichever is earlier. Management must be informed of all accidents immediately.

8.4 Work Related Injuries and Illnesses

Any injury or illness incurred by a Deli employee while working or while on Deli premises must be reported to the employee’s supervisor by the injured or ill employee within two (2) hours of the occurrence of the injury or the onset of illness or by the end of the affected employee’s workday, whichever is earlier. Management must be informed of all accidents immediately.

8.5 Failure to Report

Employees who fail to report work-related accidents, injury, or illness within the time limits set out in this section, or who fail to comply with the medical treatment requirements set out in herein, shall be terminated without further notice or warning.

8.6 Definitions

For purposes of this Handbook, the term “accident” is defined as an unintended event occurring at work, during working time or on Deli premises which results in an injury to a person or damage to property. “Injury” is defined as physical, mental, or emotional harm to the person resulting from a work-related accident, mishap, or event (or series of mishaps or events) which gives rise to a requirement for medical attention beyond minor first aid. “Illness” is defined as sickness resulting from a work-related event or series of events which gives rise to a requirement for medical attention.

8.7 Workplace Security

The Deli has zero tolerance when it comes to violence in our workplace and in the environment we have created for our guests and visitors. We expressly prohibit any act of threat of violence-whether verbal or physical-by any employee, former employee, consultant, guest, vendor or other visitor to our workplace. If any employee is found to have engaged in any act of violence-threatened, perceived or actual-his or her employment will be terminated.

It is very important that every employee understand that there is no such thing as an “empty” or “idle” threat. If you make a threatening statement or gesture (i.e., a raised fist or fingers pointed like a gun), the Deli will not accept the defense that you “did not mean it” or you were “just kidding.” Nor will the Deli tolerate “implied” threats such as “maybe I’ll take care of you later,” or, “I know where you live.” The Deli will take it as a real threat and act accordingly.

The Deli is not responsible for loss, theft or damage to employee personal property.

SECTION 9

RULES OF CONDUCT

9.1 Policy

It is the Deli’s policy that each employee maintains the highest standard of conduct that is necessary to ensure the orderly operation of our business and satisfaction of our guests. Mature common sense is the best guide to proper conduct. Any list of rules cannot possibly cover all situations that may arise. However, some of the actions which will not be condoned and which may lead to disciplinary action, up to and including immediate discharge are listed below. In all cases, disciplinary decisions remain within the sole discretion of the Deli:

9.2 Sample of Offenses

The following is a nonexclusive listing of offenses which is cause for discipline, up to and including immediate termination upon their occurrence:

Insubordination, including, but not limited to, refusal or intentional failure to perform work assigned, or refusal or intentional failure to follow a legitimate directive of a supervisor or other superior or person in authority.
Clocking in or filling out of a time card or time report of another employee, or arranging for any other person to punch or fill out your time card when absent, or reporting as in or out at times which fail to reflect actual work time.
Intentionally not properly charging menu or normal prices, except as authorized by a Manager.
Theft or unauthorized possession of misappropriation, or unauthorized possession or removal of Deli property, another employee’s property (including tips), or any guest’s property, or obtaining by fraud, deceit, or misrepresentation of any materials, supplies, products, money, services, gift certificates, or insurance benefits from the Deli, its employees, or its guests.
Failure to accurately report all tips or gratuities.
Unauthorized possession or use of Deli equipment, materials (including beverages, food and ingredients) supplies, or property, or guest vehicles, including food items or ingredients. You may be asked to have bags or packages checked on entering or when leaving the deli.
Threatening, intimidating, coercing, or interfering with guests, co-workers, or supervisors.
Knowingly or with gross negligence causing or allowing any violation of a health law, regulation, or rule to occur or exist.
Failing to report an absence for one (1) or more assigned workdays without appropriate notice.
Failing to report to work at the expiration of a leave of absence.
Applying for work or working elsewhere while on leave of absence, unless approved in writing by the Deli.
Concealing or willfully failing to comply with Deli security policies or procedures, including, but not limited to, reasonable searches of person or property for stolen property, contraband, or illegal drugs.
Falsifying, deliberately making misleading statements in, or deliberately omitting pertinent information from any Deli records (including such items as expense vouchers or reports, applications for leaves of absence, insurance claims, credit card receipts, medical examination questionnaires, employment application forms, or records of personal absence, illness or hours worked).
Subjecting another employee to discrimination, abuse, or harassment on account of the employee’s race, color, religion, sex, sexual orientation, national origin, handicap, or age.
Claiming entitlement to unemployment insurance or other benefits when still actively employed by the Deli, whether or not working each day.
Divulging to others, or permitting the disclosure to others, of trade secrets or other confidential or sensitive information or records of the Deli (including guest lists, guest information, cost of services, etc.), or engaging in the acts of business or industrial espionage.
Sabotaging of, or intentionally causing damage to, Deli equipment, computers, computer software, materials, supplies, or products.
Deliberately or willfully destroying, damaging, defacing, or misusing of Deli or another employee’s property, including products, equipment, and/or the building.
Accepting a kickback from any guest or vendor.
Offering or receiving money or other consideration or favors for special treatment in the terms or conditions of employment.
Fighting, engaging in other acts of physical violence on, or verbally or physically assaulting another person while at work, on working time, in a guest’s vehicle, or on Deli property.
Using or possessing of a dangerous weapon at work or on Deli property, or reporting for work in possession of a dangerous weapon. (For purposes of these rules, a “dangerous weapon” is defined as including any weapon or other instrumentality capable of being used to inflict death or serious bodily harm, such as a firearm, knife in a non-work capacity, or explosive).
Sleeping on the job during working hours, whether on Deli premises or elsewhere.
Intentional, wanton, or reckless conduct or willful neglect or gross negligence in the use of Deli equipment, facilities, supplies, or vehicles which results in a risk of or actual bodily harm to anyone, including the employee, whether on or off Deli property.
Willfully violating of any Deli posted and/or published employee or public health, safety, or contamination rules.
Unauthorized removal of safety locks or tags, or other safety devices.
Concealing a disease or condition which may affect the employee’s ability to perform his/her job or which may endanger fellow employees, the Deli’s guests, or others.
The use or possession of alcoholic beverages at work, or reporting for work under the influence of alcoholic beverages.
Unauthorized use of, possession of, or trafficking in illegal drugs at work, or on Deli property, or reporting for work under the influence of illegal drugs. For purposes of these rules an “illegal drug” is defined as any drug or drug form, the use, sale, or possession of which is prohibited or controlled by applicable local, state, or federal law. This includes, but is not limited to, drugs commonly known as marijuana, cocaine, heroin, PCP, ecstasy, GHB, and LSD. (“Unauthorized use or possession” is defined as use or possession other than as prescribed by a licensed physician or other authorized medical practitioner. “Under the influence” is defined as having a detectable amount of illegal drugs in the body.)
Refusing to submit to periodic medial examinations, including but not limited to, screening tests for alcohol or illegal drugs which the Deli may, from time to time, require.
Committing of a felony on or off duty, or repeated commission of misdemeanors which cause the employee, in the opinion of the Deli, to be regarded as undesirable, whether or not the conduct results in arrest, charge, or conviction.
Incarceration for a felony or a misdemeanor which results in the employee being unavailable for work for one (1) or more scheduled workdays.
Any off-work misconduct which reflects negatively on an employee’s suitability for continued employment with the Deli, or causes or has the potential to cause harm to the Deli or its reputation with its guests or the general public.
Any other serious misconduct which constitutes a threat to service, production, safety, or good order and discipline, including, but not limited to, vile, vulgar, indecent, immoral or unlawful conduct, whether or not such conduct results in arrest, charge, or conviction.
Not reporting or correcting any unsafe food or safety condition, including any violation of a health law, regulation, rule, or directive.
Counting or discussing tips in front of any guest, confronting or questioning any guest about a tip, or showing any form of displeasure to a guest with respect to a tip. (Remember that tips are gratuities and not entitlement.)
Gossiping or talking derogatorily or negatively about guests, co-workers, managers, or the Deli while in earshot of a guest of the Deli.
Smoking while in Deli property. Must leave out the back door. Not the front.
Violating a published or posted safety rule or common safety practice, including, but not limited to, failing to wear prescribed safety equipment or take necessary safety precautions.
Threatening, intimidating, harassing, coercing, or otherwise interfering with other employees, being rude with guests, suppliers, or visitors, including during meal or rest periods.
Excessive or unexcused tardiness and absenteeism.
Leaving work or Deli premises without authorization or ceasing work without authorization.
Failing to be ready to start work at the beginning of an assigned sift.
Engaging in horseplay or disorderly conduct on Deli property, in Deli vehicles, or at a guest’s residence or place of business.
Engaging in offensive or harassing conduct towards another employee or using obscene, abusive, offensive, or disruptive language relating to another employee’s race, color, religion, sex, national origin, handicap, or age.
Using abusive, profane, or vulgar language in earshot of or toward another employee, guest, or others.
Making false, vicious, or malicious statements, or spreading gossip concerning guests or non-management employees or making false or malicious statements concerning the Deli or the Deli’s management or owners.
Unauthorized posting, removing or defacing of notices, sign, or bulletins.
Soliciting Deli employees or guests, or distributing of literature for any purpose during working time (i.e., excluding meal or break periods), including soliciting membership in organizations, asking for donations or contributions, selling tickets or merchandise, or similar acts.
Distributing notices, pamphlets, booklets, or bulletins of any kind in working areas on Deli property.
Gambling during work time or on Deli premises.
Performing of personal work during work hours or with Deli equipment or materials.
Excessive telephoning for personal purposes during work time. Including texting, social media or any other means on one’s cell phone.

SECTION 10

MISCELLANEOUS

10.1 No Smoking Policy

For the health and safety of all employees, smoking is not allowed in either public or non public areas of the Deli

10.2 Housekeeping

Good housekeeping must prevail at all times and is the personal responsibility of every employee. It is extremely important for everyone to realize that they have a personal obligation for orderliness and cleanliness in all areas, and especially restrooms and your break areas.

10.3 Restroom Maintenance

Since employees share restrooms with our guests, each employee is responsible for keeping them clean. Every time you enter the restroom you are responsible for making sure it is clean before leaving. This is how it should look:

Toilets are spotless.
The mirror is spotless.
The floor is free of litter.
The sink is dry and spotless.
Soap and paper products are well-stocked.

Whether you have finished using the restroom yourself or merely went in to check its condition, you need to wash your hands. Wash your hands with hot, soapy water for at least 40 seconds. Remember that a guest may see you leaving without washing your hands and may question our commitment to a wholesome, clean environment. We want all of our guests and employees to have complete faith in the cleanliness of our facilities.

10.4 Uniforms, Personal Appearance and Hygiene

As a Deli, we must have a clean, neat, efficient, and service-oriented image. In that regard, employees are required to wear clothing or uniforms consistent with their job description, and to maintain them as clean and neat. You are also expected to maintain your personal appearance and attire in a neat, professional, and well-groomed manner. Uniforms are not to be worn in the Deli when an employee is not on duty.

Employees are expected to maintain appropriate personal hygiene. Colognes and/or perfumes should not be worn in the dinning room. Employees are required to wear deodorant and bathe on a daily basis. Hands and nails must always be lean and well cared for.

10.5 Personal Belongings

The safety of personal belongings are the responsibility of each employee. Since many people go through our Deli, it is best if employees do not bring valuables to work. If something is really valuable to you, you should probably keep them out of the Deli. Under no circumstances will the Deli be responsible for lost or stolen items of employees, even in Deli-designated areas for personal affects.

Storage places supplied by the Deli are subject to reasonable searches at any time and any time and without notice, so do not bring any embarrassing articles to work. No personal knives, guns, illegal drugs, or other contraband may be brought onto Deli property, and if found, are subject to seizure. Personal items left in the workplace after an employee’s termination of employment are subject to disposal as the Deli sees fit.

10.6 Personal Phone Calls

Outgoing personal phone calls should not be made during working hours, except on breaks. Incoming emergency phone messages will be directed to employees. You are expected to organize your lives such that you do not need to receive calls while you are working. Please inform family and friends that personal phone calls for reasons other than emergencies are not allowed during working hours.

10.7 Off-duty Use of Equipment

Employees are prohibited from using Deli equipment or tools for personal use or removing the same from the Deli for other than Deli business. Any exception to this policy must be approved by a manager.

10.8 Visitors

Visitors, other than those persons having legitimate business with the Deli, are not permitted in the non-public areas of the Deli’s premises at any time. In addition, visitors, who are not customers, are not permitted in the public areas of the Deli without permission of one of the managers. Please inform family and friends of this rule.

10.9 Bulletin Boards

One or more bulletin boards are provided on the Deli premises for posting of management notices, safety rules, and other matters. Employees are expected and urged to consult the posting for such important information as Deli announcements and schedules. No employee shall place, remove, or deface any items on the Deli’s bulletin boards.

10.10 Personal Records

Information in personal records is important to both employees and the Deli. This information is frequently used to assist in processing insurance claims, determining eligibility for various benefits and evaluating requests for vacations, leaves of absence and promotions. Each employee must keep the Deli informed of any change in pertinent information such as number of dependents, marital status, home phone number, cell phone number, home address, etc.

10.11 Changes to Personal Records

In keeping with its policy of maintaining accurate personnel records, the Deli will make changes as requested in personal information such as addresses, telephone numbers and similar routine information. The Deli will not, however, make changes to information taken from documents verifying an employee’s identity or authorization to work (such as social security number) except in the following circumstances:

Upon presentation of a certified copy of a court order for a name change;
Upon presentation of acceptable proof of a valid marriage, together with a statement declaring under the penalty of perjury that the employee has assumed the spouse’s name, or
Upon presentation of a certified copy of a letter from the Social Security Administration or other issuing authority verifying the change in the identity or identifying number and stating the reason for such changes.

10.12 Solicitation and Distribution

It is the policy of the Deli to maintain an atmosphere, which promotes the well being of guests, minimizes disruptions in operations, and protects employees from unnecessary interference with their work and use of Deli facilities. The following rules are implemented in furtherance of this policy:

Any person who is not an employee, guest or otherwise a business invitee of the Deli is not permitted on Deli property for any purpose including without limitation, soliciting or distributing literature in support of any cause, canvassing employees in support of any cause, and selling chances or membership in any group, society or organization.

Employees are not permitted to solicit other employees or distribute literature if any employee involved in the solicitation or distribution is on working time. For example, employees may not sell any merchandise of any kind (i.e., cookies, personal crafts) anywhere on Deli premises during working time.

Employees are not permitted to distribute literature of any working area at any time.

Employees are not permitted to post personal notices, documents or information on the Deli bulletin boards.

This policy is also applicable to the Deli electronic communication (or “email”) system. The Deli prohibits solicitations through the Deli email and other electronic, digital, or telephone systems.

Nothing in these work rules and guidelines is intended in any way to interfere with, coerce, or restrain any employee from exercising his or her rights under any State or Feral labor law, including the National Labor Relations Act.

As used in this policy, “working time” includes all time for which an employee is paid and/or is scheduled to be performing services for the Deli; it does not include break periods, meal periods, or periods in which an employee is not, an dis not scheduled to be, performing services or work for the Deli.

10. 13 Video Monitoring Policy

As part of the Deli’s continuing effort to maximize the safety of our premises and to ensure that the use of the Deli’s video monitoring system is consistent with the Deli’s legitimate business interests, we have implemented a Video Monitoring Policy. The Deli employs electronic cameras to monitor certain areas of our facilities-excluding restrooms-in order to maintain the security of our guests, employees, facilities and property.

While recognizing individuals” right to privacy in certain aspects of their lives, the Deli may videotape all public areas of the Deli, including but not limited to, back-of-the-house, kitchen, coat room, office areas, storage and other work-related areas. Given the realities of living and working in the society that we do, video monitoring is commonly used by businesses as a security measure.

The Deli requests that you acknowledge that you are aware of and have consented to the video monitoring practices of the Deli designated in the previous paragraph by signing the attached Acknowledgement Form located at the back of the handbook.

Employees are strictly prohibited from interfering with the operation of the video monitoring system. Any employee found to tamper with the system will be subject to immediate discipline, up to and including termination.

10.14 Computer Blogging, Email & Internet Policy

Employee Blogging

The weblog or “blog” generally refers to a frequently-updated website containing an online journal or diary. Blogs usually chronicle some aspect of the writer’s life, such as workplace problems, favorite movies or television shows, and personal observations.

The Deli provides equipment and electronic media to employees as business tools to facilitate timely and efficient conduct of business. For this reason, you are prohibited from writing or reading blogs during work hours. Limited personal use of Deli resources is permitted during non-work time, but you must comply with the following guidelines and your use must not be excessive or interfere with business needs or normal operations.

You also may choose to write a personal blog or write comments on someone else’s blog from your home computer, and we simply ask that you understand and respect the following guidelines for responsible and productive blogging.

Blogging can be a productive and creative activity, and you should reveal your identity and respect your readers and the individuals and entities you discuss. You should take care to follow the Deli’s policies generally.

You should not discuss the Deli, its management, its owners, or your supervisors and co-workers in a manner that could damage the Deli or the individuals or bring them into disrepute. You should not use personal insults, discriminatory or derogatory language, and you should respect the privacy of others. You should not disseminate intellectual property, or use the Deli’s logo, graphics, trademarks, trade names, or corporate slogans.

You should not discuss the Deli’s guests, suppliers or vendors without their prior approval (and you should work through management to obtain approval). You should respect copyrights and financial disclosure laws.

You should prominently post a disclaimer stating that the blog contains only personal opinions and is not endorsed by and does not represent the opinion or viewpoint of the Deli.

Please remember that the Deli may monitor your blog, and if you fail to abide by these guidelines, you may be subject to legal or disciplinary action up to and including termination by the Deli for the information you provide and the statements you make. If you have any questions or concerns about a blog or this Blogging Policy, please contact management.

Computer and E-mail Usage

Computers, computer files, the E-mail system, public folders, and software furnished to employees are Deli property intended for business use only. Employees may not use a password, access a file, or retrieve any stored communication without authorization.

The Deli strives to maintain a workplace free of harassment and sensitive to the diversity of its employees. Therefore, the Deli prohibits the use of computers and the E-mail system in ways that are disruptive, offensive to others, or harmful to morale, or in any violative of the Deli’s anti-harassment policies.

The Deli’s computers are to be used strictly for Deli business only. The use of the internet, email system, word-processors, hard drive, and other programs, systems, and peripheral devices are not to be used for personal purposes. The Deli routinely monitors its computer systems and will immediately purge any non-work related documents and/or data. Any personal use of the Deli’s computer system is grounds for discipline, including immediate termination.

The Deli reserves the right to inspect e-mail messages and search for messages that are relevant to Deli business, a breach in security, or violation of the law.

E-mail should not be used for confidential messages since privacy cannot be assured. No message should be sent using e-mail that you would not be comfortable writing in a hard copy document. You are liable for what you write. The Deli will not tolerate offensive, defamatory, or abusive language in e-mail messages.

In keeping with the Deli’s policy on solicitation and personal use, e-mail may not be used for the distribution of any literature, petitions or surveys, fund-raising or requesting of support for any charitable, religious, political or other causes, or for the sales of merchandise or raffle tickets.

The Deli purchases and licenses the use of various computer software for business purposes and does not own the copyright to this software or its related documentation. Unless authorized by the software developer, the Deli does not have the right to reproduce such software for use on more than one computer.

Employees may only use software on local area networks or on multiple machines in accordance with the software license agreement. The Deli prohibits the illegal duplication of software and its related documentation.

Employees should notify their supervisor upon learning of violations of this policy. Employees who violate this policy will be subject to disciplinary action, up to and including termination of employment.

Nothing in this policy is intended in any way to interfere with, coerce, or restrain any employees from exercising his or her right under any State or Federal labor law, including the National Labor Relations Act.

Internet Usage

Internet access to global electronic information resources on the World Wide Web is provided by the Deli to assist employees in obtaining work-related data and technology. The following guidelines have been established to help ensure responsible and productive Internet usage.

All Internet data that is composed, transmitted, or received via our computer communications systems is considered to be part of the official records of the Deli and, as such, is subject to disclosure to law enforcement or other third parties. Consequently, employees should always ensure that the business information contained in Internet e-mail messages and other transmissions is accurate, appropriate, ethical, and lawful.

Data that is composed, transmitted, accessed, or received via the Internet must not contains content that could be considered discriminatory, offensive, obscene, threatening, harassing, intimidating, or disruptive to any employee or other person. Examples of unacceptable content may include, but are not limited to, sexual comments or images, racial slurs, gender-specific comments, or any other comments or images that could reasonably offend someone on the basis of race, age, sex, religious or political beliefs, national origin, disability, sexual orientation, or any other characteristic protected by law.

The unauthorized use, installation, copying, or distribution of copyrighted, trademarked, or patented material on the Internet is expressly prohibited. As a general rule, if an employee did not create material, does not own the rights to it, or has not gotten authorization for its use, it should not be put on the Internet. Employees are also responsible for ensuring that the person sending any material over the Internet has the appropriate distribution rights.

Internet users should take the necessary anti-virus precautions before downloading or copying any file from the Internet. All downloaded files are to be checked for viruses; all compressed files are to be checked before and after decompression.

Abuse of the Internet access provided by the Deli in violation of law or Deli policies will result in disciplinary action, up to and including termination of employment. Employees may also be held personally liable for any violations of this policy. The following behaviors are examples of previously stated or additional actions and activities that are prohibited and can result in disciplinary action up to and including termination:

Sending or posting discriminatory, harassing, or threatening messages or images
Stealing, using, or disclosing someone else’s code or password without authorization.
Copying, pirating, or downloading software and electronic files without permission.
Sending or posting confidential material, trade secrets, or proprietary information outside of the organization.
Violating copyright law
Engaging in internet “blogging”
Failing to observe licensing agreements
Engaging in unauthorized transactions that may incur a cost to the organization or initiate unwanted Internet services and transmissions
Sending or posting messages or material that could damage the organization’s image or reputation
Participating in the viewing or exchange of pornography or obscene materials
Sending or posting messages that defame or slander other individuals
Attempting to break into the computer system of another organization or person
Refusing to cooperate with a security investigation
Sending or posting chain letters, solicitations, or advertisements not related to business purposes or activities
Using the Internet for any personal use
Jeopardizing the security of the organization’s electronic communications systems
Sending or posting messages that disparage a co-worker, guest, vendor or another organization’s products or services
Passing off personal views as representing those of the organization
Sending anonymous e-mail messages
Engaging in any other illegal activities

SECTION 11

PURPOSE, EFFECT, AND REVISION

11.1 Purpose of Handbook

The policies contained in this handbook are published as guidelines for employees in their day to day relationship with the Deli. The publication of such policies is not intended to alter the at-will employment relationship described in this Handbook. The Handbook is intended to help define the terms and conditions of employment for the Deli and its employees, although such terms or conditions may change from time to time.

11.2 Effect of Handbook

The provisions of the Handbook supersede all prior employment policies, rules, procedures, and practices of the Deli, published or unpublished, on the subject matters discussed herein. The Handbook contains all of the Deli’s policies and procedures and practices of the Deli, published or unpublished, on the subject matters discussed herein. The Handbook contains all of the Deli’s policies and procedures with respect to the subject areas covered.

11.3 Revisions of Handbook

Changes in the law or in the Deli’s business may make it necessary for the Deli to revise, modify, supplement, or delete one or more policies set out in the Handbook. Employees will be notified of such changes, in writing.

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