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Eskimo Hut
(Valley Mills)
A&W Investments and Holdings
Employee Handbook
Eskimo Hut (Valley Mills)
A&W Investments and Holdings
Employee Handbook
January 01, 2015
Table of Contents
Section 1 - Introduction
1.1 Welcome
1.2 Employee Handbook
1.3 Changes in Policy
1.4 Employment-At-Will
1.5 Arbitration Policy
Section 2 - Employment Policies
2.1 Employee Classifications
2.2 Equal Employment Opportunity & Americans with Disabilities Act.
2.3 Confidentiality
2.4 Employment of Minors
2.5 Employment of Relatives
2.6 Introductory Period
2.7 Training and health Card
2.8 Personnel Records and Employee References
2.9 Privacy
2.10 Immigration Law Compliance
2.11 Religious Accommodation
2.12 Political Neutrality
2.13 Manager's and Shift Leaders
2.14 Robbery & Shoplifting
Section 3 - Hours of Work and Payroll Practices
3.1 Pay Periods and Paydays
3.2 Overtime
3.3 Rest and Meal Periods
3.4 Smoking Policy
3.5 Time Cards
3.6 Payroll Deductions
3.7 Wage Garnishment
3.8 Direct Deposit
Section 4 - Standards of Conduct and Employee Performance
4.1 Anti- Harassment and Discrimination
4.2 Attendance
4.3 Scheduling
4.4 Discipline and Standards of Conduct
4.5 Theft
4.6 Dress Code
4.7 Safety
4.8 Substance and Abuse
4.9 Cell Phone Policy
4.10 Computers, Electronic Equipment, Voice mail and Store Music
Section 5 - Employee Benefits and Services
5.1 Generally
5.2 Worker's Compensation
5.3 Social Security Benefits (FICA)
5.4 Unemployment Insurance
5.5 Employee Discount
5.6 Tips
5.7 Vacation
5.8 Personal Time Off
5.9 Employee Birthdays
Section 6 - Employee Leaves of Absence and Time Off
6.1 Generally and Time-Off
6.2 Family and Medical Leave
6.3 Workers' Compensation Leave
6.4 Jury Duty
6.5 Voting Time
Section 7 – Frozen Daiquiris & Margaritas
7.1 Frozen Daiquiris & Margaritas
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Section 1
Introduction
1.1 Welcome to Eskimo Hut (Valley Mills)
Welcome to Eskimo Hut we are happy you have joined our crew and look forward to working
with you. You (the crew) are employed at one of the best Eskimo Huts in Texas. Such status
comes with certain commitment and expectation, and you will be expected to maintain the high
standards set by us.
A best employee has the following traits:
1. Honesty
2. Hard working habit
3. Sincerity
4. Positive attitude
5. Friendly demeanor
6. Responsible
7. Integrity
8. Will to achieve a goal
9. Great Seller
10. Desire to make customers happy
A clean store, excellent guest service, and high quality products are the keys to our success.
1.2 Employee Handbook
This Employee Handbook is designed to summarize certain personnel policies and benefits of
Eskimo Hut (Valley Mills) A&W Investments and Holdings and to acquaint employees with
many of the rules concerning employment with the Company. Please be aware that this
handbook is a representation of Eskimo Hut (Valley Mills) A&W Investments and Holdings an
Eskimo Hut Franchise and not of Eskimo Hut Corporation. This Handbook applies to all
employees, and compliance with the Company's policies is a condition of employment. This
Handbook supersedes all previous employment policies, written and oral, express and implied.
The Company reserves the right to modify, rescind, delete, or add to the provisions of this
Handbook from time to time in its sole and absolute discretion. This Employee Handbook is
not a binding contract between the Company and its employees, nor is it intended to alter
the at-will employment relationship between the Company and its employees. The Company
reserves the right to interpret the policies in this Handbook and to deviate from them when, in its
discretion, it determines it is appropriate.
1.3 Changes in Policy
Since our business is constantly changing, the Company expressly 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 as described
below. Nothing in this employee handbook or in any other document, including benefit plan
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descriptions, creates or is intended to create a promise or representation of continued
employment for any employee. Any changes to your at-will employment status, described below,
must be in writing and must be signed by the Company.
With respect to all other changes to Company policies, we will notify you of these changes in
writing. No oral statements or representations can in any way alter the provisions of this
Handbook. Changes will be effective on dates determined by Eskimo Hut (Valley Mills) and you
may not rely on policies that have been superseded.
If you are uncertain about any policy or procedure, please check with your manager.
1.4 Employment-At-Will
Employment with the Company is on an at-will basis, unless otherwise specified in a written
employment agreement. You are free to resign at any time, for any reason, with or without
notice. Similarly, the Company is free to conclude the employment relationship at any time for
any lawful reason, with or without cause, and with or without notice.
Nothing in this Handbook will limit the right of either party to terminate an at-will employment.
No section of this Handbook is meant to be construed, nor should be construed, as establishing
anything other than an employment-at-will relationship. This Handbook does not limit
management's discretion to make personnel decisions such as reassignment, change of wages and
benefits, demotion, etc.
1. 5 Arbitration Policy
In consideration of your employment with Eskimo Hut (Valley Mills) ie. A&W Investments and
Holdings, its promise to arbitrate all employment-related disputes, and your receipt of the
compensation, pay raises, and other benefits paid to you by the company, at present and in the
future, you agree that any and all controversies, claims, or disputes with anyone (including the
company and any employee, officer, director, or benefit plan of the company, in their capacity as
such or otherwise), whether brought on an individual, group, or class basis, arising out of,
relating to, or resulting from your employment with Eskimo Hut (Valley Mills) or the
termination of your employment with the company, including any breach of this agreement, shall
be subject to binding arbitration under the terms and conditions set forth in the at-will
employment, confidential information, invention assignment, and arbitration agreement between
you and Eskimo Hut (Valley Mills) (or such other confidentiality agreement between you and the
company, each the "confidentiality agreement"). In the event the confidentiality agreement
between you and Eskimo Hut (Valley Mills) does not contain an arbitration provision, then you
nevertheless agree to arbitrate any and all claims set forth above in a neutral, mutually agreeable
forum according to the applicable minimum standards for arbitration.
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Section 2
Employment Policies
2.1 Employee Classifications
The following terms are used to describe employees and their employment status:
General Manager – Is a salaried employee who is the head manager of the store.
General Manager handles all day-to-day operations of the business and is an employee’s
sole contact for any problems that might occur in the store. The General Manager is
directly responsible for all Human Resources functions, Loss Prevention and Beer, Wine,
and Daiquiri Departments, opening and closing shifts, handling daily deposits, and
managing daily cash flow. The general manager oversees all of the management crew
but is directly in charge of the Shift Leaders.
Assistant General Manager – is a full-time employee and is the second manager in
charge working directly under the general manager; the assistant general manager and
general manager work together to run the store, and train all employees. They handle any
and all day-to-day business practices at the store. The assistant general manager is the
next in charge in the absence of the general manager at the store and is also directly in
charge of the Marketing Manager. The Assistant General Manger is directly responsible
for and in charge of the Marketing, Cigarette, and Beverage Departments, opening and
closing shifts, and handling daily deposits.
Marketing Manager – is a full-time or part-time employee that is a part of the
management team, and who reports directly to the Assistant General Manager. The
marketing manager is responsible for all outside and inside marketing of the store
including but not limited to: Social Media, Radio Advertising, Flyer Design, Store
Layout Design, Store promotions, menu design and more. The Marketing Manager is
directly responsible for the Marketing, World Wide, Snacks, and Candy Departments,
opening and closing shifts, and handling daily deposits. The marketing manager is also a
manager in charge when working on a shift and is the next in charge in the absence of the
GM and AGM.
Shift Leader - is a full-time or part-time employee whose main responsibility is to
manage/lead a shift effectively and efficiently by opening and closing shifts, handling
daily deposits, supervising employees, and leading in customer service. Shift Leaders will
work loosely with the management team but will report directly to the General Manager.
Customer Service Representative (CSR) – is a full or part-time employee whose main
responsibility is customer service. The CSR is the key point of contact when it comes to
handling customer service and the customer interaction. They should create a customer
experience resulting in complete customer satisfaction while meeting guidelines set forth
in this job description. Assists customers by answering questions and showing them
additional products that will fulfill their needs. Takes initiative to perform duties without
being asked. CSR is responsible for front counter and/or drive-thru services. A CSR is a
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customer’s first line for help and assistance in the store so CSR’s should always look
presentable, greet customers in a timely fashion, smile, and be polite and courteous to
customers at all times. CSR’s will work with the management team to keep the store
secure, clean, and running in a smooth efficient manner.
Salaried – Employees who are not temporary employees, independent contractors, or
independent consultants and who are regularly scheduled to work a minimum of 50 hours
per work week scheduled or unscheduled. These employees are not eligible for over-time
pay.
Full-Time - Employees who are not temporary employees, independent contractors, or
independent consultants and who are regularly scheduled to work a schedule of 30+
hours per work week.
Part-Time - Employees who are not temporary employees, independent contractors, or
independent consultants and who are regularly scheduled to work less than 30 hours per
work week.
Temporary Employees - Employees who are hired as interim replacements to
temporarily supplement the workforce or to assist in the completion of a specific project.
Employment assignments in this category are of limited duration and the temporary
employee can be let go before the end of the defined period. Short term assignments
generally are periods of three (3) months or less, however, such assignments may be
extended. All Temporary employees are at-will regardless of the anticipated duration of
the assignment (see Employment-at-Will Policy). Temporary employees retain that status
unless and until notified in writing of a change.
Each employee will be advised of his or her status at the time of hire and any change in status.
Regardless of the employee's status, the employee is employed at-will and the employment
relationship can be terminated by the Company or the employee at any time, with or without
cause.
2.2 Equal Employment Opportunity & American with Disabilities Act.
It is the policy of the Company to provide equal employment opportunities to all employees and
employment applicants without regard to unlawful considerations of race, religion, creed, color,
national origin, sex, sexual orientation, gender identity, age, ancestry, physical or mental
disability, medical condition including medical characteristics, marital status or any other
classification protected by applicable local, state or federal laws. This policy 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 any of those characteristics. This
policy applies to all aspects of employment, including, but not limited to, hiring, job assignment,
working conditions, compensation, promotion, benefits, scheduling, training, discipline and
termination. Reasonable accommodation is available for qualified individuals with disabilities,
upon request.
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The Company expects all employees to support our equal employment opportunity policy, and to
take all steps necessary to maintain a workplace free from unlawful discrimination and
harassment.
In compliance with the Americans with Disabilities Act (ADA), the Company provides
accommodation to the disabled to the full extent required by law. The Company may require
medical certification of both the disability and the need for accommodation. Keep in mind that
the Company can only seek to accommodate the known physical or mental limitations of an
otherwise qualified disabled individual. Therefore, it is your responsibility to come forward if
you are in need of an accommodation. The Company will engage in an interactive process with
the employee to identify possible accommodations, if any will help the applicant or employee
perform the job. We further recognize that employees with life threatening illnesses, including
but not limited to cancer, heart disease and AIDS, may wish to continue engaging in as many of
their normal pursuits as their condition allows, including work. As long as these employees are
able to meet acceptable performance standards with or without reasonable accommodation, and
medical evidence indicates that their working does not present a substantial threat to themselves
or others, they will be permitted to do so.
2.3 Confidentiality.
In the course of employment with the Company, employees may have access to "Confidential
Information" regarding the Company, which may include its business strategy, future plans,
financial information, contracts, suppliers, customers, personnel information or other information
that the Company considers proprietary and confidential. Maintaining the confidentiality of this
information is vital to the Company's competitive position in the industry and, ultimately, to its
ability to achieve financial success and stability. Employees must protect this information by
safeguarding it when in use, using it only for the business of the Company and disclosing it only
when authorized to do so and to those who have a legitimate business need to know about it.
This duty of confidentiality applies whether the employee is on or off the Company's premises,
and during and even after the end of the employee's employment with the Company.
2.4 Employment of Minors.
The Company strictly adheres to the FLSA in regards to the employment of minors. Generally
speaking, the FLSA sets the minimum age for employment (14 years for non-agricultural jobs),
restricts the hours youth under the age of 16 may work, and prohibits youth under the age of 18
from being employed in hazardous occupations. In addition, the FLSA establishes subminimum
wage standards for certain employees who are less than 20 years of age, full-time students,
student learners, apprentices, and workers with disabilities. Employers generally must have
authorization from the U.S. Department of Labor's Wage and Hour Division (WHD) in order to
pay sub-minimum wage rates.
The FLSA's child labor provisions are designed to protect the educational opportunities of youth
and prohibit their employment in jobs that are detrimental to their health and safety.
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In addition, underage workers are not allowed to operate certain equipment within the store, and
are limited in how late they can work and what duties they are allowed to perform in the store.
2.5 Employment of Relatives & Friends.
The Company does not allow hiring of any friends or relatives of any employees while that said
employee is still currently employed with the company.
2.6 Introductory Period.
The first 30 days of employment are considered an introductory period for all newly hired
employees. During this time, the employee will earn training pay which is minimum wage. The
employee will learn their new responsibilities, finish in-store training, get their TABC
Certification, get acquainted with fellow employees, and determine whether you are happy with
the position. Also, during this time, your manager will monitor your performance. Upon
completion of the introductory period, your manager will review your performance. If the
Company finds your performance satisfactory and decides to continue your employment, you
will be advised of any improvements expected. This is also an opportunity for you to make
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 instead allows both you and the Company to evaluate whether or not you are right for the
position. Your status as an at-will employee does not change-the employment relationship may
be terminated with or without cause and with or without advance notice, at any time by you or
the Company.
2.7 Training and TABC Certification
New hires will be required to complete all assigned Eskimo Hut training and obtain a Texas
Alcohol and Beverage Commission Certification . TABC Certification must be completed before
you are allowed to work in the store. Certification can be completed online in a 3 hour course for
the cost of $20.00 by the employee. The store manager will let you know when new training
needs to be done. TABC is the law and that is Eskimo Hut’s and its employees #1 priority is
abiding by the law. Infractions of any TABC laws will result in immediate termination of
employment with the company.
Manager's have the right at anytime to require an employee to go through a retraining process if
the manager feels like it is needed. If retraining process needs to be done employee will be
demoted from current position if applicable and have work hours and pay reduced until
retraining is completed.
2.8 Personnel Records and Employee References.
The Company maintains a personnel file and payroll records for each employee as required by
law. Personnel files and payroll records are the property of the Company and may not be
removed from Company premises without written authorization. Because personnel files and
payroll records are confidential, access to the records is restricted. Generally, only those who
have a legitimate reason to review information in an employee's file are allowed to do so.
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Disclosure of personnel information such as employees personal contact information, work
schedule, and status of employment is strictly prohibited by anyone at the company other than
managers. However, the Company will cooperate with requests from authorized law enforcement
or local, state, or federal agencies conducting official investigations and as otherwise legally
required.
Employees may contact a manager to request a time to review their payroll records and/or
personnel file. With reasonable advance notice, an employee may review his or her own records
in the Company's offices during regular business hours and in the presence of an individual
appointed by the Company to maintain the records. No copies of documents in your file may be
made, with the exception of documents that you have previously signed. You may add your
comments to any disputed item in the file.
By policy, the Company will provide only the former or present employee's dates of employment
and position(s) held with the Company and eligibility for rehire, if asked. Compensation
information may also be verified if written authorization is provided by the employee.
2.9 Privacy.
The Company is respectful of employee privacy. All employee demographic and personal
information will be shared only as required in the normal course of business.Workers'
Compensation information is not considered private healthcare information; however, this
information will be released only on a need-to-know basis.
The Company does not make or receive any private healthcare information through the course of
normal work. If any employee voluntarily shares private healthcare information with a member
of management, this information will be kept confidential. If applicable, the Company will set up
guidelines for employees and management to follow to ensure that company employees conform
to the requirements of the Health Insurance Portability and Accountability Act (HIPAA).
2.10 Immigration Law Compliance.
In compliance with the Immigration Reform and Control Act of 1986, each new employee, as a
condition of employment, must complete the Employment Eligibility Verification Form I-9 on
day of hire and present documentation establishing identity and employment eligibility within
three business days of date of hire. Former employees who are rehired must also complete an I-9
form if they have not completed an I-9 form with the Company within the past three years, or if
their previous I-9 form is no longer retained or valid. You may raise questions or complaints
about immigration law compliance without fear of reprisal.
2.11 Religious Accommodation.
The Company will make reasonable accommodations for employees' observance of religious
holidays and practices unless the accommodation would cause an undue hardship on the
Company's operations. If you desire a religious accommodation, you are required to make the
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request in writing to your manager as far in advance as possible. You are expected to strive to
find co-workers who can assist in the accommodation (e.g., trade shifts) and cooperate with the
Company in seeking and evaluating alternatives.
2.12 Political Neutrality.
Maintenance of individual freedom and our political institutions necessitates broad scale
participation by citizens concerning the selection, nomination and election of our public office
holders. The Company will not discriminate against any employee because of identification with
and support of any lawful political activity. Company employees are entitled to their own
personal political position. The Company will not discriminate against employees based on their
lawful political activity engaged in outside of work. If you are engaging in political activity,
however, you should always make it clear that your actions and opinions are your own and not
necessarily those of the Company, and that you are not representing the Company.
2.13 Manager's and Shift Leaders
Manager's and shift leaders are the immediate supervisors to all employees. Only one shift
leader/manager is in charge of a shift at a time employees should do whatever the shift leader
and/or manager asked them to do as long as it is legal and within company policy. Any company
policy questions or general concerns can be addressed with an shift leader or manager. If you
have a problem with an shift leader and you feel like you can not address the issue with them
please speak to the manager.
Shift Leaders are acting supervisors of a shift and are an extension of the general manager and/or
assistant manager of the store. Shift Leaders should conduct themselves in a responsible and
respectful manner at all times and maintain the same knowledge as the manager and/or assistant
manager. Shift Leaders are given a store key upon promotion and are solely responsible for that
key, closing, and locking up the store when a shift is over. Store key is required to be returned to
the store upon employee's termination or voluntary leave of the company. Shift Leaders are also
responsible for daily cash drawer, cash box counts, and night deposits; as well as insuring all
closing and opening procedures are completely correctly.
2.14 Robbery & Shoplifting
Robbery
In the event of a robbery give all of the accessible money to the robber and all Employees must
comply fully. After the robber has left the premises lock the door call 911 and then the GM or
AGM. NO ONE is allowed to leave the premises until the police arrive. No amount of money is
worth injury to our Employees. Your number one priority is the safety of the other employees
and customers. Remember to always:
 Stay calm.
 Do not argue.
 Do not resist.
 Do nothing that will put you or others at risk.
 Give the robber the money.
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 Do not make any sudden moves. If you must reach for something or move, tell the robber
what to expect.
 Do nothing that will agitate, threaten, surprise, or startle the robber.
 Do not chase or follow the robber. (This includes customers who walk out without
paying.)
 Focus on remembering details about the individual.
Shoplifting
There are many things that can occur when spotting or stopping a shoplifter. You always have to
evaluate your surroundings. Everything around you matters in this situation.
When an Employee needs to confront a customer: they should always be alert of their
surroundings. The Customer may have friends or a weapon. The bottom line is to protect
yourself. Nothing in the store is worth an injury or your life. When the employee approaches
the customer, they should:
 Always be professional, confident and non aggressive
 Give the customer the respect they deserve, even if they did take something. The minute
you are not professional or respectful, the situation could get worse.
 They should always identify themselves as to who they are and try not to startle the
customer.
 Try and have a quiet conversation
 Always ask for ID
 NEVER TOUCH THE CUSTOMER! Always call the police, if to that point.
Section 3
Hours of Work and Payroll Practices
3.1 Pay Periods and Paydays.
Employees are paid on a bi-weekly basis. Payday is every other Friday. Pay period ends on
Sunday, and paychecks will be ready on Thursday by 5:00 pm. Getting paid on Thursday is a
convience policy set by the store and is not required. If problems occurs paychecks can and will
be distributed on actual payday which is Friday.
All employees are paid by check or direct deposit on the above-mentioned payday. If the regular
payday falls on a weekend or Company holiday, employees will be paid on the next business day
after the holiday and/or weekend.
3.2 Overtime.
Regular employees will be paid in accordance with federal and Texas state law.
All overtime work by regular employees must be authorized in advance by their manager. Only
hours actually worked will be used to calculate overtime pay. Overtime is any hours over 40
during a regular work week for which an employee will be paid at 1-1/2 times their regular base
pay. Regular work week is from Monday – Sunday. However, overtime at Eskimo Hut (Valley
Mills) is not allowed under any circumstances.
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3.3 Rest and Meal Periods.
All rest and meal periods will be in accordance with Texas state law.
To the extent Texas state law does not require rest and meal breaks, regular employees will be
provided a 15-minute paid rest break for every four hour period of work. Any rest break longer
than 15-minutes will be unpaid. Regular employees scheduled to work more than a five hour
period will be provided a 30-minute unpaid meal period. Meal breaks must be taken in the back
out of customer view at all times, and only when approved by a manager or shift leader. Do not
ever eat anything in front of customers.
3.4 Smoking Policy
If you smoke it must be done outside on the side of the store and out of view of customers.
Hands must be washed upon returning to work. Cigarettes are to be completely put out and
disposed of in the dumpster behind the store NOT thrown on the ground or anywhere near the
store. Employees are allowed two paid 15-minute smoke breaks for every five hour shift worked.
If you work less than a five hour shift you are allowed one paid 15-minute smoke break. Smoke
breaks can only be taken at the approval of a manager and/or shift leader, and never during store
rush times. Smoke breaks are not required by law, abuse of this privilege will cause smoke
breaks to be banned.
3.5 Clock-In/Clock-Out.
All employees are required to clock-in when they arrive to work and clock-out upon their
departure from work. Employees are not allowed to clock in no more than 5 minutes before their
scheduled shift and 15 minutes after their scheduled shift without manager approval. Time cards
are official business records and may not be altered without the employee's supervisor's approval
and may not be falsified in any way.
Clock-in/Clock-out procedures are done through the POS Cash Register system up-front with an
assigned employee access card. Access Cards are registered to an specific employee and are
given out upon hire and must be returned upon termination and/or voluntary leave from the
company. Loss of Access Card will require an employee to purchase a new one for $5.00.
3.6 Payroll Deductions.
Various payroll deductions are made each payday to comply with federal and state laws
pertaining to taxes and insurance. Deductions will be made for the following: Federal and State
Income Tax Withholding, Social Security, Medicare, State Disability Insurance & Family
Temporary Disability Insurance, and other items designated by you or required by law (including
a valid court order). You can adjust your federal and state income tax withholding by completing
the proper federal or state form and submitting it to the manager. At the start of each calendar
year, you will be supplied with your Wage and Tax Statement (W-2) form for the prior year.
This statement summarizes your income and deductions for the year.
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Payroll deductions will also be used for the purchase of an additional employee uniforms, name
badges, security clock-in cards, and loss of store keys. As well as money that is missing; this
includes but is not limited to, counterfeit bills, overage/shortage of registers/safes/cash box, and
lost or missing deposits. Also deductions can and will be used for any loss of store product due
to negligence and blatant disregard on the employee/employees part.
3.7 Wage Garnishment.
A garnishment is a court order requiring an employer to remit part of an employee's wages to a
third party to satisfy a just debt. Once the Company receives the legal papers ordering a
garnishment, we are required by law to continue making deductions from your check until we
have withheld the full amount or until we receive legal papers from the court to stop the
garnishment. Even if you have already paid the debt, we still need the legal papers to stop the
garnishment.
3.8 Direct Deposit.
All employees are encouraged, but not required, to use direct deposit and have their paychecks
deposited into a bank account of an accredited participating bank or credit union. If you would
like to enroll in direct deposit please ask the manager for the form. Direct Deposit will take one
payroll period to go into affect.
Section 4
Standards of Conduct and Employee Performance
4.1 Anti- Harassment and Discrimination.
The Company is committed to providing a work environment free of sexual or any form of
unlawful harassment or discrimination. Harassment or unlawful discrimination against
individuals on the basis of race, religion, creed, color, national origin, sex, sexual orientation,
gender identity, age, ancestry, physical or mental disability, medical condition including medical
characteristics, marital status or any other classification protected by local, state or federal laws
is illegal and prohibited by Company policy. Such conduct by or towards any employee, contract
worker, customer, vendor or anyone else who does business with the Company will not be
tolerated. Any employee or contract worker who violates this policy will be subject to
disciplinary action, up to and including termination of his or her employment or engagement. To
the extent a customer, vendor or other person with whom the Company does business engages in
unlawful harassment or discrimination, the Company will take appropriate corrective action.
Prohibited Conduct:
Prohibited harassment or discrimination includes any verbal, physical or visual conduct based on
sex, race, age, national origin, disability or any other legally protected basis if:
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a. submission to such conduct is made either explicitly or implicitly a term or condition of an
individual's employment or engagement;
b. submission to or rejection of such conduct by an individual is used as a basis for decisions
concerning that individual's employment or engagement; or
c. it creates a hostile or offensive work environment.
Prohibited harassment includes unwelcome sexual advances, requests for sexual favors and lewd,
vulgar or obscene remarks, jokes, posters or cartoons, and any unwelcome touching, pinching or
other physical contact. Other forms of unlawful harassment or discrimination may include racial
epithets, slurs and derogatory remarks, stereotypes, jokes, posters or cartoons based on race,
national origin, age, disability, marital status or other legally protected categories.
Complaint Procedure:
Employees who feel that they have been harassed or discriminated against, or who witness any
harassment or discrimination by an employee, contract worker, customer, vendor or anyone else
who does business with the Company, should immediately report such conduct to their
supervisor or any other member of management.
Do not allow an inappropriate situation to continue by not reporting it, regardless of who is
creating the situation. No employee, contract worker, customer, vendor or other person who does
business with this organization is exempt from the prohibitions in this policy. In response to
every complaint, the Company will conduct an investigation and, if improper conduct is found,
take appropriate corrective action.
To the extent that an employee is not satisfied with the Company's handling of a harassment or
discrimination complaint, he or she may also contact the appropriate state or federal enforcement
agency for legal relief.
4.2 Attendance.
Punctuality and regular attendance are essential to the successful operation of the Company's
business. If an employee is unable to report to work (or to report to work on time) for any reason,
the employee must notify his or her supervisor 30 minutes before his or her starting time. If an
employee desires to leave work for any reason during the workday, the employee must obtain the
approval of his or her supervisor prior to leaving. In the event that the employee fails to call his
or her supervisor or report for work for 2 consecutive workdays, the employee will be deemed to
have voluntarily resigned from his or her employment with the Company and will be removed
from the payroll. Excessive absenteeism or tardiness may subject the employee to disciplinary
action, up to and including termination.
Being absent from a shift is not tolerated unless for the following reasons:
1. Funerals and Major family issues.
13 | P a g e
2. Fever, Vomiting, Diarrhea, or any other contagious diseases. *(All absences due to sickness
require a Doctor's excuse. If sickness does not require a visit to a physician then you are well
enough to work your shift.)
3. Serious injuries.
Employees should never be behind the counter out of uniform when they are not scheduled to
work. The only exception to this policy is for manager's.
4.3 Scheduling
Employee's weekly schedule is posted every Thursday in the store, sent electronic to employee's
cell phones. Not knowing your scheduled time to work will not be accepted as an legitimate
excuse for being absent and/or late to a shift. Once the schedule is posted there will be NO
changes to the schedule without general manager's approval. If changes are made to schedule
without general manager’s approval it will be and automatic write-up.
If for some reason an employee cannot work their scheduled shift due to the reason listed above
in the absence and attendance policy it is the employees responsibility to find a another
employee to work their shift. If an employee can not be found to work said shift the employee
needs to immediately contact the manager to make further arrangements. If the reason for
missing a shift does not comply with company policy the employee will be required to be present
at their shift time. If an employee does not show up for his/her shift after being instructed to do
so, they will be recorded as a "No Call No Show" which is grounds for termination.
4.4 Discipline and Standards of Conduct.
As an at-will employer, the Company may impose discipline whenever it determines it is
necessary or appropriate. Discipline may take various forms, including verbal counseling, written
warnings, suspension, demotion, transfer, reassignment or termination. The discipline imposed
will depend on the circumstances of each case; therefore, discipline will not necessarily be
imposed in any particular sequence. Moreover, at any time the Company determines it is
appropriate, an employee may be discharged immediately.
Every organization must have certain standards of conduct to guide the behavior of employees.
Although there is no possible way to identify every rule of conduct, the following is an
illustrative list (not intended to be comprehensive or to limit the Company's right to impose
discipline for any other conduct it deems inappropriate). Keep in mind that these standards of
conduct apply to all employees whenever they are on Company property and/or conducting
Company business (on or off Company property). Engaging in any conduct the Company deems
inappropriate may result in disciplinary action, up to and including termination.
a. Dishonesty;
b. Falsification of Company records;
14 | P a g e
c. Unauthorized use or possession of property that belongs to the Company, a coworker, or of the
public;
d. Possession or control of illegal drugs, weapons, explosives, or other dangerous or
unauthorized materials;
e. Fighting, engaging in threats of violence or violence, use of vulgar or abusive language,
horseplay, practical jokes or other disorderly conduct that may endanger others or damage
property;
f. Insubordination, failure to perform assigned duties or failure to comply with the Company's
health, safety or other rules;
g. Unauthorized or careless use of the Company's materials, equipment or property;
h. Unauthorized and/or excessive absenteeism or tardiness;
i. Lack of teamwork, poor communication, unsatisfactory performance, unprofessional conduct,
or conduct improper for the workplace;
j. Sexual or other illegal harassment or discrimination;
k. Unauthorized use or disclosure of the Company's confidential information;
l. Violation of any Company policy.
Employees who are found to be in violation of any company policy is subject to a write-up by a
manager or shift leader at anytime. Three write-ups in 30 days for any infraction will
automatically result in termination of employment with Eskimo Hut. After 30 days write-ups
start over if write-up is for a different infraction only exception is below.
Disciplinary procedures will be conducted as followed:
1. One Written Warning
2. One Written Warning
3. One Written Warning and/or Termination
If an employee has three Write-ups for the same infraction at any point and time that employee is
subject to termination from employment with the company.
4.5 Theft
Theft at Eskimo Hut (Valley Mills) is defined as taking any product in the store without fully
purchasing said product at the time the product is consumed, made, and/or removed from
15 | P a g e
company property. This also goes for leftovers and waste that is supposed to be disposed of. Also
taking any money at anytime for any reason without a manager's consent is considered theft.
Taking product with the intent to pay for it at a later time or date is unacceptable and is
considered theft. If you are caught at anytime violating the companies theft policy you will be
subject to Eskimo Hut (Valley Mills) disciplinary procedures; and/or but not limited to payroll
deduction for amount of product or money taken, police involvement, and criminal charges
pressed against the employee depending on severity of offense.
When product is purchased employee needs to keep a copy receipt as proof of purchase.
Managers and Shift Leaders have the right to ask any employee for a proof of purchase receipt
on any item the employee is consuming or taking out/off of Eskimo Hut property. If a proof of
purchase receipt cannot be found the employee will be subject to a write-up and/or immediate
termination.
4.6 Dress Code.
Eskimo Hut does maintain a uniform policy for all of its crew when on the clock and working in
the store. A clean and ironed complete uniform should be worn at all times while on the clock.
Good and proper hygiene practices is required examples include: Bathing, using deodorant, neat
and groomed hair, facial hair neat and cut, make-up neatly done. If you have any questions about
this please ask.
Eskimo Hut (Valley Mills) uniform consists of:
 Eskimo Hut Shirt, or Tank
 Eskimo Hut Polo Shirt (Manager Only)
 Pants, Shorts or Capris (* Unless Manager/Shift Leader must be Black or Khaki Colored
Pants or Jeans. Capris must be approved by manager first.)
 *NO Sweat Pants, NO Gym Shorts, NO Wind Pants, NO Tights, etc.
 Eskimo Hut issued Name-Tag
 Tennis Shoes (Non Slip Preferred)
 *NO Open Toed Shoes, NO Cowboy Boots, etc.
 NO Jewelry unless stud earrings and a wedding band
 No false finger nails of any kind.
One store uniform will be given for free upon hire, with the expectation it will be returned upon
termination or voluntary leave with the company. If NOT returned cost of uniform will be
deducted from employee's last paycheck. Additional uniforms can be purchased by employee
through payroll deduction. Ask manager for more details.
4.7 Safety.
The Company is committed to providing a safe workplace. Accordingly, the Company
emphasizes "safety first." It is the employee's responsibility to take steps to promote safety in the
workplace and work in a safe manner. By remaining safety conscious, employees can protect
themselves and their coworkers. Employees are expected to promptly report all unsafe working
16 | P a g e
conditions, accidents and injuries, regardless of how minor so that any potential hazards can be
corrected.
4.8 Substance and Abuse.
The Company is committed to providing its employees with a safe and productive work
environment. In keeping with this commitment, it maintains a strict policy against the use of
alcohol and the unlawful use of drugs in the workplace. Consequently, no employee may
consume or possess alcohol, or use, possess, sell, purchase or transfer illegal drugs at any time
while on the Company's premises or while using equipment, or at any location during work time.
No employee may report to work with illegal drugs (or their metabolites) or alcohol in his or her
bodily system. The only exception to this rule is that employees may engage in moderate
consumption of alcohol that may be served and/or consumed as part of an authorized Company
social or business event. "Illegal drug" means any drug that is not legally obtainable or that is
legally obtainable but has not been legally obtained. It includes prescription drugs not being used
for prescribed purposes or by the person to whom it is prescribed or in prescribed amounts. It
also includes any substance a person holds out to another as an illegal drug.
Any violation of this policy will result in disciplinary action, up to and including termination of
employment.
4.9 Cell Phone Policy.
The use of personal cell phones at work is a privilege and should not be abused at any times. Cell
phones should never be out or in use while customers are in the store. Conversations should be
away from areas where other employees are working and out of customer view. The only
exception is for the general manager.
When cell phone use interferes with the satisfactory performance of an employee's duties or
disturbs others, the privilege of using a personal cell phone at work will be taken away and other
disciplinary action, up to and including termination, may be imposed. Sitting down texting
and/or making personal calls on cell phone when there is work to do or customers to help will
not be tolerated and will result in a write-up.
4.10 Computers, Electronic Equipment, Voice mail and Store Music
The Company prohibits Employees from using the Company’s equipment and communications
systems for personal use. Employees will not use such equipment to create material intended for
personal or other non-business-related purposes.
No use of internet - for personal reasons. No use of personal laptops in stores.
Playing computer games at any time on company property is prohibited, whether on or off duty.
Employees will not bring discs, CD’s, tapes, or any other electronic data storage device from
outside into the workplace. Employees will not remove from the workplace discs, CD’s, tapes, or
any other electronic data storage device or other equipment or property belonging to the
17 | P a g e
Employer. Any deviation from this policy requires authorization of a supervisor or member of
management.
Employees may not use iPods or similar devices while at work. Store music will be tuned to
English language “easy listening” stations at all times for the purpose of customer satisfaction.
Online access is limited to Employees who have a business-related need. Employees whose work
does not require the use of a computer will not operate a computer. An Employee will not
operate another Employee’s computer, unless authorized to do so by a supervisor for work-
related reasons.
Employees who are authorized to work with confidential information on the Company’s
computers will keep such information confidential. Other Employees will not access such
information, and if inadvertently they gain access to confidential information, they will
immediately exit from the document or program and will keep such information confidential.
Section 5
Employee Benefits and Services
5.1 Generally.
The Company provides insurance programs as mandated by state and federal regulations for all
employees. From time to time, benefits may be added or deleted from the benefits package. The
Company reserves the right to make such changes.
This Handbook does not contain the complete terms and/or conditions of any of the Company's
current benefit plans. It is intended only to provide general explanations. For information
regarding employee benefits and services, employees should contact or see the store manager.
5.2 Worker's Compensation.
All states have Workers' Compensation laws whose purpose is to promote the general welfare of
people by providing compensation for accidental injuries or death suffered in the course of
employment. These laws are designed to provide protection to workers suffering occupational
disabilities through accidents arising out of, and in the course of employment. Eskimo Hut
(Valley Mills) carries Workers' Compensation Insurance for all employees and pays the entire
cost of the insurance program. An employee who suffers an injury or illness in connection with
the job is usually eligible to receive payment through the insurance company for lost wages. In
addition to disability payments, necessary hospital, medical and surgical expenses are covered
under Workers' Compensation, with payments being made directly to the hospital or physician.
Workers' Compensation benefits to injured workers also includes assistance to help qualified
injured employees return to suitable employment.
18 | P a g e
5.3 Social Security Benefits (FICA).
During your employment, you and the Company both contribute funds to the Federal
government to support the Social Security Program. This program is intended to provide you
with retirement benefit payments and medical coverage once you reach retirement age.
5.4 Unemployment Insurance.
The company pays a state and federal tax to provide employees with unemployment insurance
coverage in the event they become unemployed through no fault of their own or due to
circumstances described by law. This insurance is administered by applicable state agencies, who
determine eligibility for benefits, the amount of benefits (if any), and duration of benefits.
5.5 Employee Discount
Eskimo Hut (Valley Mills) offers an 15% employee discount on all products in the store.
(Excluding Cigarettes, Beer, Cappuccinos, Coffee, & Soup) Employees are allowed to use their
discount once a day rather they worked that day or not. Employees can use their discount one
time on one product while they are clocked-in during their shift. When employees are not on the
clock they may use their discount once a day.
Employee orders must be rung in POS Cash Register by another employee no employee is
allowed to ring up their own order. Unless they are working a shift by themselves, employee
discount is NOT transferable to friends, family, or other employees. Employee discount is a
privilege and not a requirement abuse of the discount will result in employee being banned from
using it.
5.6 Tips
Eskimo Hut (Valley Mills) does allow tipping of customers to employees through cash and credit
cards. Cash tips are not split between employees 100% of cash tips belong solely to that
particular employee. Credit Card tips are added to an employee paycheck every payroll period.
*Tip policy is subject to change.
5.7 Vacation
Salaried employees will receive paid vacation per year on the following schedule:
After completing one year of service – 1 week
After completing three years of service – 3 weeks
Full-time active employees are eligible for paid vacation after 1 year of service & a minimum of
1900 worked hours annually. Paid vacation for full-time employees will run on the same
schedule as salaried employees.
19 | P a g e
Employees will have until their next anniversary date to use their vacation benefits. Unused
vacation benefits will be forfeited each year at the employee’s anniversary date. If an employee
is terminated for any reason from Eskimo Hut that employee is not entitled to receive pay for the
accrued but unused vacation benefits.
Part-time, temporary, and seasonal employees are not eligible for paid vacation, and may only
take extended vacations (5 days or more) at the permission of the general manager.
5.8 Personal Time Off (PTO)
Salaried and Full-time employees will receive 5 days of Personal Time off per year. Full-time
employees are not eligible for PTO until they have been employed with the company for
minimum of 7 consecutive months. PTO not used by the end of the year will be forfeited by that
employee.
Personal time is denoted for sick time, family time, or any leave an Employee would need.
Reason does not need to be specified to manager. If an employee is terminated for any reason
from Eskimo Hut that employee is not entitled to receive pay for the unused PTO benefits.
Part-time, temporary, and seasonal employees are not eligible for PTO, and may only take
personal days off at the permission of the general manager.
5.9 Employee Birthdays
As a benefit to its employees Eskimo Hut recognizes its employee’s birthdays and offers this
benefit to any employee salary, full-time, and part-time who has worked for the company for a
minimum of 7 months. For the employees birthday Eskimo Hut offers a ½ Days pay equal to but
not less than 4 hours at the employees pay rate or 1 free regular priced item in the store.
Birthday benefits expire 1 day after employee’s birthday if employee has not elected or
instructed management on which benefit he/she would like to take. Birthday benefits are not
redeemable for cash, transferrable, or exchangeable in any kind of way.
Section 6
Employee Leaves of Absence and Time Off
6.1 Generally and Time Off
While regular attendance is crucial to maintain business operations, the Company recognizes
that, for a variety of reasons, employees may need time off from work. For all planned leaves,
however, employees must submit a request at least 7 days in advance; in case of emergencies,
employees should submit the request as soon as they become aware of the need for leave.
Request can be made through the POS Cash Register at anytime. Please remember request are
just as stated a "request" and are subject to manager's approval. Please be aware that if you
request off the manager is not obligated to maintain your normal weekly hours if you requested
off. If, during a leave, an employee applies for unemployment insurance benefits, the employee
may be considered to have voluntarily resigned from employment with the Company.
20 | P a g e
6.2 Family and Medical Leave.
Because of the Company's small size, we are not required to comply with the federal Family and
Medical Leave Act ("FMLA"). However, we recognize that our employees may occasionally
need to take unpaid leave to care for a new child, to care for a seriously ill family member, to
handle an employee's own medical issues, or to handle issues relating to a family member's
military service, possibly including caring for a family member who is injured while serving in
the military.
If you anticipate that you might need time off to deal with family and medical issues, please
speak with your supervisor. We will seriously consider every request on a case-by-case basis.
6.3 Workers' Compensation Leave.
Any employee who is unable to work due to a work related injury or illness and who is eligible
for Workers' Compensation benefits will be provided an unpaid leave for the period required.
The first 12 weeks will be treated concurrently as a family and medical leave under the federal
Family Medical Leave Act ("FMLA") for eligible employees.
6.4 Jury Duty.
U.S. citizens have a civic obligation to provide jury duty service when called.
The employee must bring in the jury duty notice as soon as it is received so that appropriate
arrangements can be made to cover his or her duties. Employees are required to call in or report
for work on those days or parts of days when their presence in court is not required.
21 | P a g e
Section 7
Frozen Daiquiris & Margaritas
7.1 Frozen Daiquiris & Margaritas
1. These are the different sizes we offer.
a. Gallon (128oz), Large (44oz), Medium (32oz), Small (20oz) YBL (44oz w/ 4 Shots)
Prices: $24.49 $7.99 $5.99 $3.99 $11.99
2. These are the different categories of products we offer in those sizes.
a. Eskimo Snow is our frozen daiquiris and margaritas.
i. Base Eskimo Snow mix is 6% Alcohol.
b. Non-Alcoholic is our virgin daiquiris and margaritas.
3. Shots are our alcoholic shots. *NO DAIQUIRIS OR MARGARITAS COME WITH
SHOTS
i. Shots are 17.9% Alcohol
ii. Daiquiri shots are Platinum (Vodka)
iii. Margaritas shots are a special blend of Dos Locos (Tequila) and Rio Loco
(Triple Sec)
4. Margarita Mondays is a special we have every Monday, where you can get $1.00/Off
Any Flavor Margarita.
a. Be sure to promote this every Monday that you work.
5. Triple Shot Tuesday is a special we have every Tuesday, where you get 3 extra shots
for the price of 1.
a. Be sure to promote this every Tuesday that you work.
6. Double Shot Wednesday is a special we have every Wednesday, where you get 2
extra shots for the price of 1.
a. Be sure to promote this every Wednesday that you work.
7. Eskimo Sno-Balls are our Jell-O Shots we also carry Jell-O Shot Syringes.
Comes in 7 Flavors:
 Sex on the Beach
 Miami Vice
 Pina Colada
 Apple-tini
 Blue Mai Tai
 Lemon Drop
 Cotton Candy
22 | P a g e
8. Double Trouble Thursday is a special we have on Thursdays, where you can Buy
one Jell-O Shot, Spiked Gummy Bears, or Jell-O Shot Syringe and Get One Free.
a. Be sure to promote this every Thursday that you work.
9. This next area is our individual flavors:
 Banana
 Blue Hawaiian
 Cherry
 Hurricane
 Grape
 Mango
 Margarita
 Orange
 Peach
 Pina Colada
 Green Sour Apple
 Strawberry
 Watermelon
a. You can mix any of them together if requested up to 3 is Free after the 3rd
it is
$.50 Extra.
b. You can add cream, blended skittles and spiked gummy bears with any flavors
also. *All are extra $ to add to drinks.
i. For example: If a customer wants strawberry and cream, you can make it.
23 | P a g e
At-Will Employment Agreement and
Acknowledgement of Receipt of Employee Handbook
Employee:
I acknowledge that I have been provided with a copy of the Eskimo Hut (Valley Mills)
Employee Handbook, which contains important information on the Company's policies,
procedures and benefits, including the policies on Anti-Harassment/Discrimination, Substance
Use and Abuse and Confidentiality. I understand that I am responsible for familiarizing myself
with the policies in this handbook and agree to comply with all rules applicable to me.
I understand and agree that the policies described in the handbook are intended as a guide only
and do not constitute a contract of employment. I specifically understand and agree that the
employment relationship between the Company and me is at-will and can be terminated by the
Company or me at any time, with or without cause or notice. Furthermore, the Company has the
right to modify or alter my position, or impose any form of discipline it deems appropriate at any
time. Nothing in this handbook is intended to modify the Company's policy of at-will
employment. The at-will employment relationship may not be modified except by a specific
written agreement signed by me and an authorized representative of the Company. This is the
entire agreement between the Company and me regarding this subject. All prior or
contemporaneous inconsistent agreements are superseded.
I understand that the Company reserves the right to make changes to its policies, procedures or
benefits at any time at its discretion. However, the at-will employment agreement can be
modified only in the manner specified above. I further understand that the Company reserves the
right to interpret its policies or to vary its procedures as it deems necessary or appropriate.
I have reviewed the Company Employee Handbook. I have read (or will read) and agree to abide
by the policies and procedures contained in the Handbook.
By: ___________________________________ Date: __________________
Manager
By: ___________________________________ Date: __________________
Employee

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New Employee Handbook

  • 1. Eskimo Hut (Valley Mills) A&W Investments and Holdings Employee Handbook Eskimo Hut (Valley Mills) A&W Investments and Holdings Employee Handbook January 01, 2015
  • 2. Table of Contents Section 1 - Introduction 1.1 Welcome 1.2 Employee Handbook 1.3 Changes in Policy 1.4 Employment-At-Will 1.5 Arbitration Policy Section 2 - Employment Policies 2.1 Employee Classifications 2.2 Equal Employment Opportunity & Americans with Disabilities Act. 2.3 Confidentiality 2.4 Employment of Minors 2.5 Employment of Relatives 2.6 Introductory Period 2.7 Training and health Card 2.8 Personnel Records and Employee References 2.9 Privacy 2.10 Immigration Law Compliance 2.11 Religious Accommodation 2.12 Political Neutrality 2.13 Manager's and Shift Leaders 2.14 Robbery & Shoplifting Section 3 - Hours of Work and Payroll Practices 3.1 Pay Periods and Paydays 3.2 Overtime 3.3 Rest and Meal Periods 3.4 Smoking Policy 3.5 Time Cards 3.6 Payroll Deductions 3.7 Wage Garnishment 3.8 Direct Deposit Section 4 - Standards of Conduct and Employee Performance 4.1 Anti- Harassment and Discrimination 4.2 Attendance 4.3 Scheduling 4.4 Discipline and Standards of Conduct 4.5 Theft
  • 3. 4.6 Dress Code 4.7 Safety 4.8 Substance and Abuse 4.9 Cell Phone Policy 4.10 Computers, Electronic Equipment, Voice mail and Store Music Section 5 - Employee Benefits and Services 5.1 Generally 5.2 Worker's Compensation 5.3 Social Security Benefits (FICA) 5.4 Unemployment Insurance 5.5 Employee Discount 5.6 Tips 5.7 Vacation 5.8 Personal Time Off 5.9 Employee Birthdays Section 6 - Employee Leaves of Absence and Time Off 6.1 Generally and Time-Off 6.2 Family and Medical Leave 6.3 Workers' Compensation Leave 6.4 Jury Duty 6.5 Voting Time Section 7 – Frozen Daiquiris & Margaritas 7.1 Frozen Daiquiris & Margaritas
  • 4. 1 | P a g e Section 1 Introduction 1.1 Welcome to Eskimo Hut (Valley Mills) Welcome to Eskimo Hut we are happy you have joined our crew and look forward to working with you. You (the crew) are employed at one of the best Eskimo Huts in Texas. Such status comes with certain commitment and expectation, and you will be expected to maintain the high standards set by us. A best employee has the following traits: 1. Honesty 2. Hard working habit 3. Sincerity 4. Positive attitude 5. Friendly demeanor 6. Responsible 7. Integrity 8. Will to achieve a goal 9. Great Seller 10. Desire to make customers happy A clean store, excellent guest service, and high quality products are the keys to our success. 1.2 Employee Handbook This Employee Handbook is designed to summarize certain personnel policies and benefits of Eskimo Hut (Valley Mills) A&W Investments and Holdings and to acquaint employees with many of the rules concerning employment with the Company. Please be aware that this handbook is a representation of Eskimo Hut (Valley Mills) A&W Investments and Holdings an Eskimo Hut Franchise and not of Eskimo Hut Corporation. This Handbook applies to all employees, and compliance with the Company's policies is a condition of employment. This Handbook supersedes all previous employment policies, written and oral, express and implied. The Company reserves the right to modify, rescind, delete, or add to the provisions of this Handbook from time to time in its sole and absolute discretion. This Employee Handbook is not a binding contract between the Company and its employees, nor is it intended to alter the at-will employment relationship between the Company and its employees. The Company reserves the right to interpret the policies in this Handbook and to deviate from them when, in its discretion, it determines it is appropriate. 1.3 Changes in Policy Since our business is constantly changing, the Company expressly 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 as described below. Nothing in this employee handbook or in any other document, including benefit plan
  • 5. 2 | P a g e descriptions, creates or is intended to create a promise or representation of continued employment for any employee. Any changes to your at-will employment status, described below, must be in writing and must be signed by the Company. With respect to all other changes to Company policies, we will notify you of these changes in writing. No oral statements or representations can in any way alter the provisions of this Handbook. Changes will be effective on dates determined by Eskimo Hut (Valley Mills) and you may not rely on policies that have been superseded. If you are uncertain about any policy or procedure, please check with your manager. 1.4 Employment-At-Will Employment with the Company is on an at-will basis, unless otherwise specified in a written employment agreement. You are free to resign at any time, for any reason, with or without notice. Similarly, the Company is free to conclude the employment relationship at any time for any lawful reason, with or without cause, and with or without notice. Nothing in this Handbook will limit the right of either party to terminate an at-will employment. No section of this Handbook is meant to be construed, nor should be construed, as establishing anything other than an employment-at-will relationship. This Handbook does not limit management's discretion to make personnel decisions such as reassignment, change of wages and benefits, demotion, etc. 1. 5 Arbitration Policy In consideration of your employment with Eskimo Hut (Valley Mills) ie. A&W Investments and Holdings, its promise to arbitrate all employment-related disputes, and your receipt of the compensation, pay raises, and other benefits paid to you by the company, at present and in the future, you agree that any and all controversies, claims, or disputes with anyone (including the company and any employee, officer, director, or benefit plan of the company, in their capacity as such or otherwise), whether brought on an individual, group, or class basis, arising out of, relating to, or resulting from your employment with Eskimo Hut (Valley Mills) or the termination of your employment with the company, including any breach of this agreement, shall be subject to binding arbitration under the terms and conditions set forth in the at-will employment, confidential information, invention assignment, and arbitration agreement between you and Eskimo Hut (Valley Mills) (or such other confidentiality agreement between you and the company, each the "confidentiality agreement"). In the event the confidentiality agreement between you and Eskimo Hut (Valley Mills) does not contain an arbitration provision, then you nevertheless agree to arbitrate any and all claims set forth above in a neutral, mutually agreeable forum according to the applicable minimum standards for arbitration.
  • 6. 3 | P a g e Section 2 Employment Policies 2.1 Employee Classifications The following terms are used to describe employees and their employment status: General Manager – Is a salaried employee who is the head manager of the store. General Manager handles all day-to-day operations of the business and is an employee’s sole contact for any problems that might occur in the store. The General Manager is directly responsible for all Human Resources functions, Loss Prevention and Beer, Wine, and Daiquiri Departments, opening and closing shifts, handling daily deposits, and managing daily cash flow. The general manager oversees all of the management crew but is directly in charge of the Shift Leaders. Assistant General Manager – is a full-time employee and is the second manager in charge working directly under the general manager; the assistant general manager and general manager work together to run the store, and train all employees. They handle any and all day-to-day business practices at the store. The assistant general manager is the next in charge in the absence of the general manager at the store and is also directly in charge of the Marketing Manager. The Assistant General Manger is directly responsible for and in charge of the Marketing, Cigarette, and Beverage Departments, opening and closing shifts, and handling daily deposits. Marketing Manager – is a full-time or part-time employee that is a part of the management team, and who reports directly to the Assistant General Manager. The marketing manager is responsible for all outside and inside marketing of the store including but not limited to: Social Media, Radio Advertising, Flyer Design, Store Layout Design, Store promotions, menu design and more. The Marketing Manager is directly responsible for the Marketing, World Wide, Snacks, and Candy Departments, opening and closing shifts, and handling daily deposits. The marketing manager is also a manager in charge when working on a shift and is the next in charge in the absence of the GM and AGM. Shift Leader - is a full-time or part-time employee whose main responsibility is to manage/lead a shift effectively and efficiently by opening and closing shifts, handling daily deposits, supervising employees, and leading in customer service. Shift Leaders will work loosely with the management team but will report directly to the General Manager. Customer Service Representative (CSR) – is a full or part-time employee whose main responsibility is customer service. The CSR is the key point of contact when it comes to handling customer service and the customer interaction. They should create a customer experience resulting in complete customer satisfaction while meeting guidelines set forth in this job description. Assists customers by answering questions and showing them additional products that will fulfill their needs. Takes initiative to perform duties without being asked. CSR is responsible for front counter and/or drive-thru services. A CSR is a
  • 7. 4 | P a g e customer’s first line for help and assistance in the store so CSR’s should always look presentable, greet customers in a timely fashion, smile, and be polite and courteous to customers at all times. CSR’s will work with the management team to keep the store secure, clean, and running in a smooth efficient manner. Salaried – Employees who are not temporary employees, independent contractors, or independent consultants and who are regularly scheduled to work a minimum of 50 hours per work week scheduled or unscheduled. These employees are not eligible for over-time pay. Full-Time - Employees who are not temporary employees, independent contractors, or independent consultants and who are regularly scheduled to work a schedule of 30+ hours per work week. Part-Time - Employees who are not temporary employees, independent contractors, or independent consultants and who are regularly scheduled to work less than 30 hours per work week. Temporary Employees - Employees who are hired as interim replacements to temporarily supplement the workforce or to assist in the completion of a specific project. Employment assignments in this category are of limited duration and the temporary employee can be let go before the end of the defined period. Short term assignments generally are periods of three (3) months or less, however, such assignments may be extended. All Temporary employees are at-will regardless of the anticipated duration of the assignment (see Employment-at-Will Policy). Temporary employees retain that status unless and until notified in writing of a change. Each employee will be advised of his or her status at the time of hire and any change in status. Regardless of the employee's status, the employee is employed at-will and the employment relationship can be terminated by the Company or the employee at any time, with or without cause. 2.2 Equal Employment Opportunity & American with Disabilities Act. It is the policy of the Company to provide equal employment opportunities to all employees and employment applicants without regard to unlawful considerations of race, religion, creed, color, national origin, sex, sexual orientation, gender identity, age, ancestry, physical or mental disability, medical condition including medical characteristics, marital status or any other classification protected by applicable local, state or federal laws. This policy 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 any of those characteristics. This policy applies to all aspects of employment, including, but not limited to, hiring, job assignment, working conditions, compensation, promotion, benefits, scheduling, training, discipline and termination. Reasonable accommodation is available for qualified individuals with disabilities, upon request.
  • 8. 5 | P a g e The Company expects all employees to support our equal employment opportunity policy, and to take all steps necessary to maintain a workplace free from unlawful discrimination and harassment. In compliance with the Americans with Disabilities Act (ADA), the Company provides accommodation to the disabled to the full extent required by law. The Company may require medical certification of both the disability and the need for accommodation. Keep in mind that the Company can only seek to accommodate the known physical or mental limitations of an otherwise qualified disabled individual. Therefore, it is your responsibility to come forward if you are in need of an accommodation. The Company will engage in an interactive process with the employee to identify possible accommodations, if any will help the applicant or employee perform the job. We further recognize that employees with life threatening illnesses, including but not limited to cancer, heart disease and AIDS, may wish to continue engaging in as many of their normal pursuits as their condition allows, including work. As long as these employees are able to meet acceptable performance standards with or without reasonable accommodation, and medical evidence indicates that their working does not present a substantial threat to themselves or others, they will be permitted to do so. 2.3 Confidentiality. In the course of employment with the Company, employees may have access to "Confidential Information" regarding the Company, which may include its business strategy, future plans, financial information, contracts, suppliers, customers, personnel information or other information that the Company considers proprietary and confidential. Maintaining the confidentiality of this information is vital to the Company's competitive position in the industry and, ultimately, to its ability to achieve financial success and stability. Employees must protect this information by safeguarding it when in use, using it only for the business of the Company and disclosing it only when authorized to do so and to those who have a legitimate business need to know about it. This duty of confidentiality applies whether the employee is on or off the Company's premises, and during and even after the end of the employee's employment with the Company. 2.4 Employment of Minors. The Company strictly adheres to the FLSA in regards to the employment of minors. Generally speaking, the FLSA sets the minimum age for employment (14 years for non-agricultural jobs), restricts the hours youth under the age of 16 may work, and prohibits youth under the age of 18 from being employed in hazardous occupations. In addition, the FLSA establishes subminimum wage standards for certain employees who are less than 20 years of age, full-time students, student learners, apprentices, and workers with disabilities. Employers generally must have authorization from the U.S. Department of Labor's Wage and Hour Division (WHD) in order to pay sub-minimum wage rates. The FLSA's child labor provisions are designed to protect the educational opportunities of youth and prohibit their employment in jobs that are detrimental to their health and safety.
  • 9. 6 | P a g e In addition, underage workers are not allowed to operate certain equipment within the store, and are limited in how late they can work and what duties they are allowed to perform in the store. 2.5 Employment of Relatives & Friends. The Company does not allow hiring of any friends or relatives of any employees while that said employee is still currently employed with the company. 2.6 Introductory Period. The first 30 days of employment are considered an introductory period for all newly hired employees. During this time, the employee will earn training pay which is minimum wage. The employee will learn their new responsibilities, finish in-store training, get their TABC Certification, get acquainted with fellow employees, and determine whether you are happy with the position. Also, during this time, your manager will monitor your performance. Upon completion of the introductory period, your manager will review your performance. If the Company finds your performance satisfactory and decides to continue your employment, you will be advised of any improvements expected. This is also an opportunity for you to make 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 instead allows both you and the Company to evaluate whether or not you are right for the position. Your status as an at-will employee does not change-the employment relationship may be terminated with or without cause and with or without advance notice, at any time by you or the Company. 2.7 Training and TABC Certification New hires will be required to complete all assigned Eskimo Hut training and obtain a Texas Alcohol and Beverage Commission Certification . TABC Certification must be completed before you are allowed to work in the store. Certification can be completed online in a 3 hour course for the cost of $20.00 by the employee. The store manager will let you know when new training needs to be done. TABC is the law and that is Eskimo Hut’s and its employees #1 priority is abiding by the law. Infractions of any TABC laws will result in immediate termination of employment with the company. Manager's have the right at anytime to require an employee to go through a retraining process if the manager feels like it is needed. If retraining process needs to be done employee will be demoted from current position if applicable and have work hours and pay reduced until retraining is completed. 2.8 Personnel Records and Employee References. The Company maintains a personnel file and payroll records for each employee as required by law. Personnel files and payroll records are the property of the Company and may not be removed from Company premises without written authorization. Because personnel files and payroll records are confidential, access to the records is restricted. Generally, only those who have a legitimate reason to review information in an employee's file are allowed to do so.
  • 10. 7 | P a g e Disclosure of personnel information such as employees personal contact information, work schedule, and status of employment is strictly prohibited by anyone at the company other than managers. However, the Company will cooperate with requests from authorized law enforcement or local, state, or federal agencies conducting official investigations and as otherwise legally required. Employees may contact a manager to request a time to review their payroll records and/or personnel file. With reasonable advance notice, an employee may review his or her own records in the Company's offices during regular business hours and in the presence of an individual appointed by the Company to maintain the records. No copies of documents in your file may be made, with the exception of documents that you have previously signed. You may add your comments to any disputed item in the file. By policy, the Company will provide only the former or present employee's dates of employment and position(s) held with the Company and eligibility for rehire, if asked. Compensation information may also be verified if written authorization is provided by the employee. 2.9 Privacy. The Company is respectful of employee privacy. All employee demographic and personal information will be shared only as required in the normal course of business.Workers' Compensation information is not considered private healthcare information; however, this information will be released only on a need-to-know basis. The Company does not make or receive any private healthcare information through the course of normal work. If any employee voluntarily shares private healthcare information with a member of management, this information will be kept confidential. If applicable, the Company will set up guidelines for employees and management to follow to ensure that company employees conform to the requirements of the Health Insurance Portability and Accountability Act (HIPAA). 2.10 Immigration Law Compliance. In compliance with the Immigration Reform and Control Act of 1986, each new employee, as a condition of employment, must complete the Employment Eligibility Verification Form I-9 on day of hire and present documentation establishing identity and employment eligibility within three business days of date of hire. Former employees who are rehired must also complete an I-9 form if they have not completed an I-9 form with the Company within the past three years, or if their previous I-9 form is no longer retained or valid. You may raise questions or complaints about immigration law compliance without fear of reprisal. 2.11 Religious Accommodation. The Company will make reasonable accommodations for employees' observance of religious holidays and practices unless the accommodation would cause an undue hardship on the Company's operations. If you desire a religious accommodation, you are required to make the
  • 11. 8 | P a g e request in writing to your manager as far in advance as possible. You are expected to strive to find co-workers who can assist in the accommodation (e.g., trade shifts) and cooperate with the Company in seeking and evaluating alternatives. 2.12 Political Neutrality. Maintenance of individual freedom and our political institutions necessitates broad scale participation by citizens concerning the selection, nomination and election of our public office holders. The Company will not discriminate against any employee because of identification with and support of any lawful political activity. Company employees are entitled to their own personal political position. The Company will not discriminate against employees based on their lawful political activity engaged in outside of work. If you are engaging in political activity, however, you should always make it clear that your actions and opinions are your own and not necessarily those of the Company, and that you are not representing the Company. 2.13 Manager's and Shift Leaders Manager's and shift leaders are the immediate supervisors to all employees. Only one shift leader/manager is in charge of a shift at a time employees should do whatever the shift leader and/or manager asked them to do as long as it is legal and within company policy. Any company policy questions or general concerns can be addressed with an shift leader or manager. If you have a problem with an shift leader and you feel like you can not address the issue with them please speak to the manager. Shift Leaders are acting supervisors of a shift and are an extension of the general manager and/or assistant manager of the store. Shift Leaders should conduct themselves in a responsible and respectful manner at all times and maintain the same knowledge as the manager and/or assistant manager. Shift Leaders are given a store key upon promotion and are solely responsible for that key, closing, and locking up the store when a shift is over. Store key is required to be returned to the store upon employee's termination or voluntary leave of the company. Shift Leaders are also responsible for daily cash drawer, cash box counts, and night deposits; as well as insuring all closing and opening procedures are completely correctly. 2.14 Robbery & Shoplifting Robbery In the event of a robbery give all of the accessible money to the robber and all Employees must comply fully. After the robber has left the premises lock the door call 911 and then the GM or AGM. NO ONE is allowed to leave the premises until the police arrive. No amount of money is worth injury to our Employees. Your number one priority is the safety of the other employees and customers. Remember to always:  Stay calm.  Do not argue.  Do not resist.  Do nothing that will put you or others at risk.  Give the robber the money.
  • 12. 9 | P a g e  Do not make any sudden moves. If you must reach for something or move, tell the robber what to expect.  Do nothing that will agitate, threaten, surprise, or startle the robber.  Do not chase or follow the robber. (This includes customers who walk out without paying.)  Focus on remembering details about the individual. Shoplifting There are many things that can occur when spotting or stopping a shoplifter. You always have to evaluate your surroundings. Everything around you matters in this situation. When an Employee needs to confront a customer: they should always be alert of their surroundings. The Customer may have friends or a weapon. The bottom line is to protect yourself. Nothing in the store is worth an injury or your life. When the employee approaches the customer, they should:  Always be professional, confident and non aggressive  Give the customer the respect they deserve, even if they did take something. The minute you are not professional or respectful, the situation could get worse.  They should always identify themselves as to who they are and try not to startle the customer.  Try and have a quiet conversation  Always ask for ID  NEVER TOUCH THE CUSTOMER! Always call the police, if to that point. Section 3 Hours of Work and Payroll Practices 3.1 Pay Periods and Paydays. Employees are paid on a bi-weekly basis. Payday is every other Friday. Pay period ends on Sunday, and paychecks will be ready on Thursday by 5:00 pm. Getting paid on Thursday is a convience policy set by the store and is not required. If problems occurs paychecks can and will be distributed on actual payday which is Friday. All employees are paid by check or direct deposit on the above-mentioned payday. If the regular payday falls on a weekend or Company holiday, employees will be paid on the next business day after the holiday and/or weekend. 3.2 Overtime. Regular employees will be paid in accordance with federal and Texas state law. All overtime work by regular employees must be authorized in advance by their manager. Only hours actually worked will be used to calculate overtime pay. Overtime is any hours over 40 during a regular work week for which an employee will be paid at 1-1/2 times their regular base pay. Regular work week is from Monday – Sunday. However, overtime at Eskimo Hut (Valley Mills) is not allowed under any circumstances.
  • 13. 10 | P a g e 3.3 Rest and Meal Periods. All rest and meal periods will be in accordance with Texas state law. To the extent Texas state law does not require rest and meal breaks, regular employees will be provided a 15-minute paid rest break for every four hour period of work. Any rest break longer than 15-minutes will be unpaid. Regular employees scheduled to work more than a five hour period will be provided a 30-minute unpaid meal period. Meal breaks must be taken in the back out of customer view at all times, and only when approved by a manager or shift leader. Do not ever eat anything in front of customers. 3.4 Smoking Policy If you smoke it must be done outside on the side of the store and out of view of customers. Hands must be washed upon returning to work. Cigarettes are to be completely put out and disposed of in the dumpster behind the store NOT thrown on the ground or anywhere near the store. Employees are allowed two paid 15-minute smoke breaks for every five hour shift worked. If you work less than a five hour shift you are allowed one paid 15-minute smoke break. Smoke breaks can only be taken at the approval of a manager and/or shift leader, and never during store rush times. Smoke breaks are not required by law, abuse of this privilege will cause smoke breaks to be banned. 3.5 Clock-In/Clock-Out. All employees are required to clock-in when they arrive to work and clock-out upon their departure from work. Employees are not allowed to clock in no more than 5 minutes before their scheduled shift and 15 minutes after their scheduled shift without manager approval. Time cards are official business records and may not be altered without the employee's supervisor's approval and may not be falsified in any way. Clock-in/Clock-out procedures are done through the POS Cash Register system up-front with an assigned employee access card. Access Cards are registered to an specific employee and are given out upon hire and must be returned upon termination and/or voluntary leave from the company. Loss of Access Card will require an employee to purchase a new one for $5.00. 3.6 Payroll Deductions. Various payroll deductions are made each payday to comply with federal and state laws pertaining to taxes and insurance. Deductions will be made for the following: Federal and State Income Tax Withholding, Social Security, Medicare, State Disability Insurance & Family Temporary Disability Insurance, and other items designated by you or required by law (including a valid court order). You can adjust your federal and state income tax withholding by completing the proper federal or state form and submitting it to the manager. At the start of each calendar year, you will be supplied with your Wage and Tax Statement (W-2) form for the prior year. This statement summarizes your income and deductions for the year.
  • 14. 11 | P a g e Payroll deductions will also be used for the purchase of an additional employee uniforms, name badges, security clock-in cards, and loss of store keys. As well as money that is missing; this includes but is not limited to, counterfeit bills, overage/shortage of registers/safes/cash box, and lost or missing deposits. Also deductions can and will be used for any loss of store product due to negligence and blatant disregard on the employee/employees part. 3.7 Wage Garnishment. A garnishment is a court order requiring an employer to remit part of an employee's wages to a third party to satisfy a just debt. Once the Company receives the legal papers ordering a garnishment, we are required by law to continue making deductions from your check until we have withheld the full amount or until we receive legal papers from the court to stop the garnishment. Even if you have already paid the debt, we still need the legal papers to stop the garnishment. 3.8 Direct Deposit. All employees are encouraged, but not required, to use direct deposit and have their paychecks deposited into a bank account of an accredited participating bank or credit union. If you would like to enroll in direct deposit please ask the manager for the form. Direct Deposit will take one payroll period to go into affect. Section 4 Standards of Conduct and Employee Performance 4.1 Anti- Harassment and Discrimination. The Company is committed to providing a work environment free of sexual or any form of unlawful harassment or discrimination. Harassment or unlawful discrimination against individuals on the basis of race, religion, creed, color, national origin, sex, sexual orientation, gender identity, age, ancestry, physical or mental disability, medical condition including medical characteristics, marital status or any other classification protected by local, state or federal laws is illegal and prohibited by Company policy. Such conduct by or towards any employee, contract worker, customer, vendor or anyone else who does business with the Company will not be tolerated. Any employee or contract worker who violates this policy will be subject to disciplinary action, up to and including termination of his or her employment or engagement. To the extent a customer, vendor or other person with whom the Company does business engages in unlawful harassment or discrimination, the Company will take appropriate corrective action. Prohibited Conduct: Prohibited harassment or discrimination includes any verbal, physical or visual conduct based on sex, race, age, national origin, disability or any other legally protected basis if:
  • 15. 12 | P a g e a. submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or engagement; b. submission to or rejection of such conduct by an individual is used as a basis for decisions concerning that individual's employment or engagement; or c. it creates a hostile or offensive work environment. Prohibited harassment includes unwelcome sexual advances, requests for sexual favors and lewd, vulgar or obscene remarks, jokes, posters or cartoons, and any unwelcome touching, pinching or other physical contact. Other forms of unlawful harassment or discrimination may include racial epithets, slurs and derogatory remarks, stereotypes, jokes, posters or cartoons based on race, national origin, age, disability, marital status or other legally protected categories. Complaint Procedure: Employees who feel that they have been harassed or discriminated against, or who witness any harassment or discrimination by an employee, contract worker, customer, vendor or anyone else who does business with the Company, should immediately report such conduct to their supervisor or any other member of management. Do not allow an inappropriate situation to continue by not reporting it, regardless of who is creating the situation. No employee, contract worker, customer, vendor or other person who does business with this organization is exempt from the prohibitions in this policy. In response to every complaint, the Company will conduct an investigation and, if improper conduct is found, take appropriate corrective action. To the extent that an employee is not satisfied with the Company's handling of a harassment or discrimination complaint, he or she may also contact the appropriate state or federal enforcement agency for legal relief. 4.2 Attendance. Punctuality and regular attendance are essential to the successful operation of the Company's business. If an employee is unable to report to work (or to report to work on time) for any reason, the employee must notify his or her supervisor 30 minutes before his or her starting time. If an employee desires to leave work for any reason during the workday, the employee must obtain the approval of his or her supervisor prior to leaving. In the event that the employee fails to call his or her supervisor or report for work for 2 consecutive workdays, the employee will be deemed to have voluntarily resigned from his or her employment with the Company and will be removed from the payroll. Excessive absenteeism or tardiness may subject the employee to disciplinary action, up to and including termination. Being absent from a shift is not tolerated unless for the following reasons: 1. Funerals and Major family issues.
  • 16. 13 | P a g e 2. Fever, Vomiting, Diarrhea, or any other contagious diseases. *(All absences due to sickness require a Doctor's excuse. If sickness does not require a visit to a physician then you are well enough to work your shift.) 3. Serious injuries. Employees should never be behind the counter out of uniform when they are not scheduled to work. The only exception to this policy is for manager's. 4.3 Scheduling Employee's weekly schedule is posted every Thursday in the store, sent electronic to employee's cell phones. Not knowing your scheduled time to work will not be accepted as an legitimate excuse for being absent and/or late to a shift. Once the schedule is posted there will be NO changes to the schedule without general manager's approval. If changes are made to schedule without general manager’s approval it will be and automatic write-up. If for some reason an employee cannot work their scheduled shift due to the reason listed above in the absence and attendance policy it is the employees responsibility to find a another employee to work their shift. If an employee can not be found to work said shift the employee needs to immediately contact the manager to make further arrangements. If the reason for missing a shift does not comply with company policy the employee will be required to be present at their shift time. If an employee does not show up for his/her shift after being instructed to do so, they will be recorded as a "No Call No Show" which is grounds for termination. 4.4 Discipline and Standards of Conduct. As an at-will employer, the Company may impose discipline whenever it determines it is necessary or appropriate. Discipline may take various forms, including verbal counseling, written warnings, suspension, demotion, transfer, reassignment or termination. The discipline imposed will depend on the circumstances of each case; therefore, discipline will not necessarily be imposed in any particular sequence. Moreover, at any time the Company determines it is appropriate, an employee may be discharged immediately. Every organization must have certain standards of conduct to guide the behavior of employees. Although there is no possible way to identify every rule of conduct, the following is an illustrative list (not intended to be comprehensive or to limit the Company's right to impose discipline for any other conduct it deems inappropriate). Keep in mind that these standards of conduct apply to all employees whenever they are on Company property and/or conducting Company business (on or off Company property). Engaging in any conduct the Company deems inappropriate may result in disciplinary action, up to and including termination. a. Dishonesty; b. Falsification of Company records;
  • 17. 14 | P a g e c. Unauthorized use or possession of property that belongs to the Company, a coworker, or of the public; d. Possession or control of illegal drugs, weapons, explosives, or other dangerous or unauthorized materials; e. Fighting, engaging in threats of violence or violence, use of vulgar or abusive language, horseplay, practical jokes or other disorderly conduct that may endanger others or damage property; f. Insubordination, failure to perform assigned duties or failure to comply with the Company's health, safety or other rules; g. Unauthorized or careless use of the Company's materials, equipment or property; h. Unauthorized and/or excessive absenteeism or tardiness; i. Lack of teamwork, poor communication, unsatisfactory performance, unprofessional conduct, or conduct improper for the workplace; j. Sexual or other illegal harassment or discrimination; k. Unauthorized use or disclosure of the Company's confidential information; l. Violation of any Company policy. Employees who are found to be in violation of any company policy is subject to a write-up by a manager or shift leader at anytime. Three write-ups in 30 days for any infraction will automatically result in termination of employment with Eskimo Hut. After 30 days write-ups start over if write-up is for a different infraction only exception is below. Disciplinary procedures will be conducted as followed: 1. One Written Warning 2. One Written Warning 3. One Written Warning and/or Termination If an employee has three Write-ups for the same infraction at any point and time that employee is subject to termination from employment with the company. 4.5 Theft Theft at Eskimo Hut (Valley Mills) is defined as taking any product in the store without fully purchasing said product at the time the product is consumed, made, and/or removed from
  • 18. 15 | P a g e company property. This also goes for leftovers and waste that is supposed to be disposed of. Also taking any money at anytime for any reason without a manager's consent is considered theft. Taking product with the intent to pay for it at a later time or date is unacceptable and is considered theft. If you are caught at anytime violating the companies theft policy you will be subject to Eskimo Hut (Valley Mills) disciplinary procedures; and/or but not limited to payroll deduction for amount of product or money taken, police involvement, and criminal charges pressed against the employee depending on severity of offense. When product is purchased employee needs to keep a copy receipt as proof of purchase. Managers and Shift Leaders have the right to ask any employee for a proof of purchase receipt on any item the employee is consuming or taking out/off of Eskimo Hut property. If a proof of purchase receipt cannot be found the employee will be subject to a write-up and/or immediate termination. 4.6 Dress Code. Eskimo Hut does maintain a uniform policy for all of its crew when on the clock and working in the store. A clean and ironed complete uniform should be worn at all times while on the clock. Good and proper hygiene practices is required examples include: Bathing, using deodorant, neat and groomed hair, facial hair neat and cut, make-up neatly done. If you have any questions about this please ask. Eskimo Hut (Valley Mills) uniform consists of:  Eskimo Hut Shirt, or Tank  Eskimo Hut Polo Shirt (Manager Only)  Pants, Shorts or Capris (* Unless Manager/Shift Leader must be Black or Khaki Colored Pants or Jeans. Capris must be approved by manager first.)  *NO Sweat Pants, NO Gym Shorts, NO Wind Pants, NO Tights, etc.  Eskimo Hut issued Name-Tag  Tennis Shoes (Non Slip Preferred)  *NO Open Toed Shoes, NO Cowboy Boots, etc.  NO Jewelry unless stud earrings and a wedding band  No false finger nails of any kind. One store uniform will be given for free upon hire, with the expectation it will be returned upon termination or voluntary leave with the company. If NOT returned cost of uniform will be deducted from employee's last paycheck. Additional uniforms can be purchased by employee through payroll deduction. Ask manager for more details. 4.7 Safety. The Company is committed to providing a safe workplace. Accordingly, the Company emphasizes "safety first." It is the employee's responsibility to take steps to promote safety in the workplace and work in a safe manner. By remaining safety conscious, employees can protect themselves and their coworkers. Employees are expected to promptly report all unsafe working
  • 19. 16 | P a g e conditions, accidents and injuries, regardless of how minor so that any potential hazards can be corrected. 4.8 Substance and Abuse. The Company is committed to providing its employees with a safe and productive work environment. In keeping with this commitment, it maintains a strict policy against the use of alcohol and the unlawful use of drugs in the workplace. Consequently, no employee may consume or possess alcohol, or use, possess, sell, purchase or transfer illegal drugs at any time while on the Company's premises or while using equipment, or at any location during work time. No employee may report to work with illegal drugs (or their metabolites) or alcohol in his or her bodily system. The only exception to this rule is that employees may engage in moderate consumption of alcohol that may be served and/or consumed as part of an authorized Company social or business event. "Illegal drug" means any drug that is not legally obtainable or that is legally obtainable but has not been legally obtained. It includes prescription drugs not being used for prescribed purposes or by the person to whom it is prescribed or in prescribed amounts. It also includes any substance a person holds out to another as an illegal drug. Any violation of this policy will result in disciplinary action, up to and including termination of employment. 4.9 Cell Phone Policy. The use of personal cell phones at work is a privilege and should not be abused at any times. Cell phones should never be out or in use while customers are in the store. Conversations should be away from areas where other employees are working and out of customer view. The only exception is for the general manager. When cell phone use interferes with the satisfactory performance of an employee's duties or disturbs others, the privilege of using a personal cell phone at work will be taken away and other disciplinary action, up to and including termination, may be imposed. Sitting down texting and/or making personal calls on cell phone when there is work to do or customers to help will not be tolerated and will result in a write-up. 4.10 Computers, Electronic Equipment, Voice mail and Store Music The Company prohibits Employees from using the Company’s equipment and communications systems for personal use. Employees will not use such equipment to create material intended for personal or other non-business-related purposes. No use of internet - for personal reasons. No use of personal laptops in stores. Playing computer games at any time on company property is prohibited, whether on or off duty. Employees will not bring discs, CD’s, tapes, or any other electronic data storage device from outside into the workplace. Employees will not remove from the workplace discs, CD’s, tapes, or any other electronic data storage device or other equipment or property belonging to the
  • 20. 17 | P a g e Employer. Any deviation from this policy requires authorization of a supervisor or member of management. Employees may not use iPods or similar devices while at work. Store music will be tuned to English language “easy listening” stations at all times for the purpose of customer satisfaction. Online access is limited to Employees who have a business-related need. Employees whose work does not require the use of a computer will not operate a computer. An Employee will not operate another Employee’s computer, unless authorized to do so by a supervisor for work- related reasons. Employees who are authorized to work with confidential information on the Company’s computers will keep such information confidential. Other Employees will not access such information, and if inadvertently they gain access to confidential information, they will immediately exit from the document or program and will keep such information confidential. Section 5 Employee Benefits and Services 5.1 Generally. The Company provides insurance programs as mandated by state and federal regulations for all employees. From time to time, benefits may be added or deleted from the benefits package. The Company reserves the right to make such changes. This Handbook does not contain the complete terms and/or conditions of any of the Company's current benefit plans. It is intended only to provide general explanations. For information regarding employee benefits and services, employees should contact or see the store manager. 5.2 Worker's Compensation. All states have Workers' Compensation laws whose purpose is to promote the general welfare of people by providing compensation for accidental injuries or death suffered in the course of employment. These laws are designed to provide protection to workers suffering occupational disabilities through accidents arising out of, and in the course of employment. Eskimo Hut (Valley Mills) carries Workers' Compensation Insurance for all employees and pays the entire cost of the insurance program. An employee who suffers an injury or illness in connection with the job is usually eligible to receive payment through the insurance company for lost wages. In addition to disability payments, necessary hospital, medical and surgical expenses are covered under Workers' Compensation, with payments being made directly to the hospital or physician. Workers' Compensation benefits to injured workers also includes assistance to help qualified injured employees return to suitable employment.
  • 21. 18 | P a g e 5.3 Social Security Benefits (FICA). During your employment, you and the Company both contribute funds to the Federal government to support the Social Security Program. This program is intended to provide you with retirement benefit payments and medical coverage once you reach retirement age. 5.4 Unemployment Insurance. The company pays a state and federal tax to provide employees with unemployment insurance coverage in the event they become unemployed through no fault of their own or due to circumstances described by law. This insurance is administered by applicable state agencies, who determine eligibility for benefits, the amount of benefits (if any), and duration of benefits. 5.5 Employee Discount Eskimo Hut (Valley Mills) offers an 15% employee discount on all products in the store. (Excluding Cigarettes, Beer, Cappuccinos, Coffee, & Soup) Employees are allowed to use their discount once a day rather they worked that day or not. Employees can use their discount one time on one product while they are clocked-in during their shift. When employees are not on the clock they may use their discount once a day. Employee orders must be rung in POS Cash Register by another employee no employee is allowed to ring up their own order. Unless they are working a shift by themselves, employee discount is NOT transferable to friends, family, or other employees. Employee discount is a privilege and not a requirement abuse of the discount will result in employee being banned from using it. 5.6 Tips Eskimo Hut (Valley Mills) does allow tipping of customers to employees through cash and credit cards. Cash tips are not split between employees 100% of cash tips belong solely to that particular employee. Credit Card tips are added to an employee paycheck every payroll period. *Tip policy is subject to change. 5.7 Vacation Salaried employees will receive paid vacation per year on the following schedule: After completing one year of service – 1 week After completing three years of service – 3 weeks Full-time active employees are eligible for paid vacation after 1 year of service & a minimum of 1900 worked hours annually. Paid vacation for full-time employees will run on the same schedule as salaried employees.
  • 22. 19 | P a g e Employees will have until their next anniversary date to use their vacation benefits. Unused vacation benefits will be forfeited each year at the employee’s anniversary date. If an employee is terminated for any reason from Eskimo Hut that employee is not entitled to receive pay for the accrued but unused vacation benefits. Part-time, temporary, and seasonal employees are not eligible for paid vacation, and may only take extended vacations (5 days or more) at the permission of the general manager. 5.8 Personal Time Off (PTO) Salaried and Full-time employees will receive 5 days of Personal Time off per year. Full-time employees are not eligible for PTO until they have been employed with the company for minimum of 7 consecutive months. PTO not used by the end of the year will be forfeited by that employee. Personal time is denoted for sick time, family time, or any leave an Employee would need. Reason does not need to be specified to manager. If an employee is terminated for any reason from Eskimo Hut that employee is not entitled to receive pay for the unused PTO benefits. Part-time, temporary, and seasonal employees are not eligible for PTO, and may only take personal days off at the permission of the general manager. 5.9 Employee Birthdays As a benefit to its employees Eskimo Hut recognizes its employee’s birthdays and offers this benefit to any employee salary, full-time, and part-time who has worked for the company for a minimum of 7 months. For the employees birthday Eskimo Hut offers a ½ Days pay equal to but not less than 4 hours at the employees pay rate or 1 free regular priced item in the store. Birthday benefits expire 1 day after employee’s birthday if employee has not elected or instructed management on which benefit he/she would like to take. Birthday benefits are not redeemable for cash, transferrable, or exchangeable in any kind of way. Section 6 Employee Leaves of Absence and Time Off 6.1 Generally and Time Off While regular attendance is crucial to maintain business operations, the Company recognizes that, for a variety of reasons, employees may need time off from work. For all planned leaves, however, employees must submit a request at least 7 days in advance; in case of emergencies, employees should submit the request as soon as they become aware of the need for leave. Request can be made through the POS Cash Register at anytime. Please remember request are just as stated a "request" and are subject to manager's approval. Please be aware that if you request off the manager is not obligated to maintain your normal weekly hours if you requested off. If, during a leave, an employee applies for unemployment insurance benefits, the employee may be considered to have voluntarily resigned from employment with the Company.
  • 23. 20 | P a g e 6.2 Family and Medical Leave. Because of the Company's small size, we are not required to comply with the federal Family and Medical Leave Act ("FMLA"). However, we recognize that our employees may occasionally need to take unpaid leave to care for a new child, to care for a seriously ill family member, to handle an employee's own medical issues, or to handle issues relating to a family member's military service, possibly including caring for a family member who is injured while serving in the military. If you anticipate that you might need time off to deal with family and medical issues, please speak with your supervisor. We will seriously consider every request on a case-by-case basis. 6.3 Workers' Compensation Leave. Any employee who is unable to work due to a work related injury or illness and who is eligible for Workers' Compensation benefits will be provided an unpaid leave for the period required. The first 12 weeks will be treated concurrently as a family and medical leave under the federal Family Medical Leave Act ("FMLA") for eligible employees. 6.4 Jury Duty. U.S. citizens have a civic obligation to provide jury duty service when called. The employee must bring in the jury duty notice as soon as it is received so that appropriate arrangements can be made to cover his or her duties. Employees are required to call in or report for work on those days or parts of days when their presence in court is not required.
  • 24. 21 | P a g e Section 7 Frozen Daiquiris & Margaritas 7.1 Frozen Daiquiris & Margaritas 1. These are the different sizes we offer. a. Gallon (128oz), Large (44oz), Medium (32oz), Small (20oz) YBL (44oz w/ 4 Shots) Prices: $24.49 $7.99 $5.99 $3.99 $11.99 2. These are the different categories of products we offer in those sizes. a. Eskimo Snow is our frozen daiquiris and margaritas. i. Base Eskimo Snow mix is 6% Alcohol. b. Non-Alcoholic is our virgin daiquiris and margaritas. 3. Shots are our alcoholic shots. *NO DAIQUIRIS OR MARGARITAS COME WITH SHOTS i. Shots are 17.9% Alcohol ii. Daiquiri shots are Platinum (Vodka) iii. Margaritas shots are a special blend of Dos Locos (Tequila) and Rio Loco (Triple Sec) 4. Margarita Mondays is a special we have every Monday, where you can get $1.00/Off Any Flavor Margarita. a. Be sure to promote this every Monday that you work. 5. Triple Shot Tuesday is a special we have every Tuesday, where you get 3 extra shots for the price of 1. a. Be sure to promote this every Tuesday that you work. 6. Double Shot Wednesday is a special we have every Wednesday, where you get 2 extra shots for the price of 1. a. Be sure to promote this every Wednesday that you work. 7. Eskimo Sno-Balls are our Jell-O Shots we also carry Jell-O Shot Syringes. Comes in 7 Flavors:  Sex on the Beach  Miami Vice  Pina Colada  Apple-tini  Blue Mai Tai  Lemon Drop  Cotton Candy
  • 25. 22 | P a g e 8. Double Trouble Thursday is a special we have on Thursdays, where you can Buy one Jell-O Shot, Spiked Gummy Bears, or Jell-O Shot Syringe and Get One Free. a. Be sure to promote this every Thursday that you work. 9. This next area is our individual flavors:  Banana  Blue Hawaiian  Cherry  Hurricane  Grape  Mango  Margarita  Orange  Peach  Pina Colada  Green Sour Apple  Strawberry  Watermelon a. You can mix any of them together if requested up to 3 is Free after the 3rd it is $.50 Extra. b. You can add cream, blended skittles and spiked gummy bears with any flavors also. *All are extra $ to add to drinks. i. For example: If a customer wants strawberry and cream, you can make it.
  • 26. 23 | P a g e At-Will Employment Agreement and Acknowledgement of Receipt of Employee Handbook Employee: I acknowledge that I have been provided with a copy of the Eskimo Hut (Valley Mills) Employee Handbook, which contains important information on the Company's policies, procedures and benefits, including the policies on Anti-Harassment/Discrimination, Substance Use and Abuse and Confidentiality. I understand that I am responsible for familiarizing myself with the policies in this handbook and agree to comply with all rules applicable to me. I understand and agree that the policies described in the handbook are intended as a guide only and do not constitute a contract of employment. I specifically understand and agree that the employment relationship between the Company and me is at-will and can be terminated by the Company or me at any time, with or without cause or notice. Furthermore, the Company has the right to modify or alter my position, or impose any form of discipline it deems appropriate at any time. Nothing in this handbook is intended to modify the Company's policy of at-will employment. The at-will employment relationship may not be modified except by a specific written agreement signed by me and an authorized representative of the Company. This is the entire agreement between the Company and me regarding this subject. All prior or contemporaneous inconsistent agreements are superseded. I understand that the Company reserves the right to make changes to its policies, procedures or benefits at any time at its discretion. However, the at-will employment agreement can be modified only in the manner specified above. I further understand that the Company reserves the right to interpret its policies or to vary its procedures as it deems necessary or appropriate. I have reviewed the Company Employee Handbook. I have read (or will read) and agree to abide by the policies and procedures contained in the Handbook. By: ___________________________________ Date: __________________ Manager By: ___________________________________ Date: __________________ Employee