colonial employee handbook...colonial ice cream ~ colonial cafes 5 use of this handbook your guide...

Colonial Cafe Team Member Handbook

Revised April 2015 1

Welcome to The Colonial Cafe Family

Dear New Team Member, We’re excited to have you as part of our team! We are a collection of family-casual cafes committed to providing our valued guests the very best in quality, service and cleanliness. That’s where you come in! You’ve been offered a position because we believe you’ll demonstrate the work standards and qualities needed to satisfy each and every guest on each and every visit. Allow us to share our mission and goal with you; it’s what we strive for on a daily basis: Our Mission: Colonial Cafe’s mission is to be the BEST Family Restaurants with

Great Service Fresh, Quality Food Fun, Clean Atmosphere

Our Goal: Every guest leaves wanting to come back to Colonial Cafe. Being the BEST means:

1. Being recognized in the community and industry as the best compared to other restaurants in our price range.

2. Having higher sales and profitability than similar competitors. 3. Being an employer of choice and providing life-long learning.

Our team is always attentive and friendly. We deliver fresh, quality food to our guests, every time, all the time. And we are proud of our family-casual atmosphere. Our guests love it too! That’s why they leave wanting to come back to Colonial Cafe. Remember to live our mission and goal every day. Once again, welcome to Colonial Cafe. I extend to you my sincerest best wishes for your success and happiness in your work with us. Best of Success,

Clinton T. Anderson President



Acknowledgement

The information contained in this handbook is presented

for the benefit of all team members of Colonial known as the “Company” (including Colonial Ice Cream, Inc. and Colonial Cafe and Ice Cream). This handbook is an informative guide to your employment with Colonial. It outlines in general terms the Company’s team member policies, your responsibility to the Company and benefits available to you. It is informational only, and its provisions are not contractual conditions of employment. This handbook is not intended to create, nor should it be construed to constitute, an employment contract of any kind, either real or implied. No supervisor has the authority to enter into a contract of any kind with you. No one other than the president of the Company has the authority to alter your employment arrangement, or to enter into an arrangement for employment for a specified period of time, or to make any agreement between the company and you. Furthermore, any such agreement must be in writing and must be signed by the president of the Company. Because your employment is at-will, you are free to terminate your employment at any time for any reason. Similarly, the Company may terminate your employment at any time for any reason. In addition, the benefits and policies described in this handbook are subject to change. The Company reserves the right to modify, revoke, suspend, terminate or change any and all plans, policies and procedures, in whole or in part, at any time, with or without notice. If you have any questions about Company policies or whether there have been any policy changes, you should ask your General Manager. The policies, procedures and benefits will be applied to each particular situation and interpreted by the Company at its sole discretion subject to applicable state and federal laws. This handbook supersedes all previous verbal and written policies.



Table of Contents

2 Acknowledgement Employment At-Will

4

History of Colonial Colonial Ice Cream ~ Colonial Cafes

5

Use of this Handbook Your Guide to Success

6

Guest Relations WOW! Attitude and Guest Service ~ WOW! Strategy

7

Team member Relations Orientation & Training ~ Employment At-Will ~ Conditions of Employment ~ Equal Employment Opportunity ~ Respectful Workplace: Discrimination & Harassment Policy ~ Open Door Policy ~ ADA Policies & Procedures ~ Pregnancy Fairness Act Policies & Procedures ~ Drug Free Workplace – Non Solicitation Policy ~ Violence In The Workplace ~ Social Media Policy ~ Release and Waiver of Liability ~ Bulletin Boards ~ Hours of Operation ~ English Language Communication ~ Appearance & Uniform Standards ~ Performance Reviews ~ Career Opportunities and Promotions ~ Transfers ~ Team member Information ~ Privacy of Health Information

19

Team member Benefits Eligibility for Benefits ~ Health and Welfare ~ Team member Assistance Program ~ Vacation ~ Meal Policy ~ Paid Absence Benefits ~ Leaves ~ Workers’ Compensation

34

Rules of Conduct and General Policies Rules of Conduct – Attendance & Punctuality ~ Fitness for Duty ~ Work Schedule ~ Cafe Logistics ~ Dating & Fraternization ~ Employment of Relatives ~ Outside Activities ~ Non-compete ~ Wireless Phones, Pagers and Other Hand Held Electronic Equipment ~ Telephone Usage ~ Visitors & Vendors ~ Business Gifts ~ E-mail & Internet

41

Safety First Food Safety & Sanitation ~ General Safety Rules ~ Closing and Opening the Cafe ~ Team member & Guest Safety ~ Protection from Infection ~ Chemical Safety ~ Cash Handling Procedures ~ Armed Robbery ~ Team member Weapons Policy

44

Payroll and Wages Wages and Tips ~ Taxes ~ Pay Day ~ Non-exempt ~ Exempt

46 In Conclusion

47 Notes



History of Colonial

Again, welcome to the team at Colonial Cafe! We’re glad you joined us. We hope you’ll soon feel comfortable as a member of our valued team. The material provided in this handbook is designed to give you knowledge of our operations, policies, and procedures. It is with pride and pleasure that we share our family history with you. Our founder, Simon Anderson, whose father died when he was twelve years old, went to work to help support his mother and family. In 1901, he purchased a milk route in St. Charles for $100.00. Having the normal challenges of owning a business, he developed a philosophy of “Quality and Freshness.” It soon became the standard of the dairy business. He established Colonial’s own special system of friendly and courteous service. The milk business grew into the operation of a full dairy, including ice cream production. In the 1930’s, his three sons, Paul, Warren, and Joe K. joined Simon. Colonial opened several ice cream and dairy stores throughout the western suburbs. These stores stretched east as far as Elmhurst, north to Elgin, south to Aurora, as well as St. Charles and Geneva. Most of these stores were operated until World War II. Colonial focused on the retail business again soon after the war. This time food was added to the menu with our quality ice cream. These food and ice cream shops have expanded through the years to full-service, family-casual cafes. Each cafe has its own unique personality and reflects our desire for a relaxed atmosphere tailored individually by design to blend into the community. Today our chef-created quality food and ice cream is even available through catering. Now in the fourth generation of the Anderson family, our philosophy is in the same tradition as was established by Simon in 1901. The “Quality and Freshness” in all of our products starts with our special award winning Colonial formula of ice cream that was developed years ago. It continues with fudges, sauces, and nuts that go on our ice cream creations and with the freshest eggs, quality meats, and ingredients that go into our food items. We are proud of our reputation, so we are selective about whom we choose to be a part of our team. You were chosen because you exhibit the talent and concern that our guests deserve, and we think you’ll be a good team member. We are looking to you to deliver our WOW! Strategy. We have used the word “team” several times. That’s because we are successful in operating as a group, each doing his or her part, and helping others to achieve a common goal. That’s teamwork! That’s WOW! Strategy. Teamwork has been the key in the establishment of our reputation, a reputation for great quality and friendly service. Our teams are known as attentive, friendly, efficient, and helpful. Most of our business is from guests who return regularly because they continue to have pleasant experiences at our cafes. As our team member, you’ll want to treat all of our guests as if it were their first visit. Make your guests want to return and tell their friends about their experiences at Colonial.



Use of this Handbook

Whether you have just joined our team or have been at Colonial for a while, we are confident that you will find our company a dynamic and rewarding place in which to work, and we look forward to a productive and successful association. We consider our team members to be one of our most valuable resources. This handbook has been written to serve as an information guide for the employer/team member relationship. There are several important things to keep in mind about this handbook. First, it contains only general information and guidelines. It is not intended to be comprehensive or to address all the possible applications of, or exceptions to, the general policies and procedures described. For that reason, if you have any questions concerning eligibility for a particular benefit, or the applicability of a policy or practice to you, you should address your specific questions with your General Manager or another appropriate member of management. Second, the procedures, practices, policies and benefits described herein are not contractual, and may be modified or discontinued from time to time. We want you to become a part of the team quickly and gain the knowledge and experience that will help you in the future. You are responsible for reading and understanding the information provided in this handbook. In fact, you will be asked to sign a statement to confirm that you have received this handbook. If you have any questions, please ask.



Guest Relations, Company Culture and Attitude

WOW! Attitude and Guest Service The most important person on our team is you! Your positive attitude reflects a willingness to learn and perform well. The most important impression you can make with guests is to WOW them! You’ll hear about our WOW! Strategy throughout the cafe. Get to know, understand and commit yourself to this. You’ll be glad you did, and so will your guests. Be sure to read the Basics of WOW! module in Colonial’s CHERRY SySTEM training program to learn more; it’s part of your training! Here’s your starting point to learn our strategy.

WOW! Strategy

Have fun!

Leave your troubles at the door; your actions and attitude should be sincere, fun and friendly.

Make eye contact and smile.

Start and end every interaction with a smile.

Say “My pleasure!” when a guest thanks you.

Say “Hi” to every guest you pass.

Show every guest a “glad to have you” attitude.

Remember guests’ faces and names.

Use guest names; share those names with other team members.

Read guests and anticipate expectations.

Know different guest types.

Give them what they want before they ask!

Think of every guest as a guest in your home.

Seek opportunities to enhance the guest experience.

Be active and visible in your station.

Represent the Colonial image at all times.

Your appearance, uniform, body language and facial expressions all affect our image.

Guarantee the WOW! Experience – every time.

Look for non-verbal “clues” that indicate guest dissatisfaction – and work to solve the problem!

Follow L.A.S.T.-N.V. procedures.

Take pride in everything you do.

Make sure food is correct and looks great.

Get it right the first time, every time!



Team Member Relations

Orientation & Training At Colonial, we recognize that team member orientation and training is an important element to help each team member learn and perform job tasks effectively. The manager handles orientation of newly hired team members. Certain individuals designated as trainers at each location conduct additional team member development and training activities periodically. Your active participation in training will help you to perform your job better and aid in further career development.

Employment At-Will As you may have read in the acknowledgement on page two, you and Colonial each will have the right to terminate your employment at any time, with or without advance notice and with or without cause. This is called employment “at-will.” If you have not yet read the acknowledgement on page two, please take a moment to do so before proceeding to the next section of the handbook.

Conditions of Employment At Colonial, we have established certain conditions of employment to assure adequate staffing in line with business demands and in compliance with relevant employment law requirements. Team members hired for positions involving operation of a vehicle on the job must have an appropriate driver’s license for the vehicle to be operated, and may be subject to a Department of Motor Vehicle driver’s license check. Loss of driving privileges is grounds to deny or terminate employment in jobs requiring operation of a motor vehicle. Your driving record must be satisfactory to our insurance carrier at time of hire and throughout employment. Loss of or suspension of insurance coverage is grounds to deny or terminate employment in jobs requiring operation of a motor vehicle. Existing team members promoted to management and administrative positions are subject to a pre-promotion drug test. A test result showing presence of drugs may be grounds to deny promotion and terminate employment. The Company reserves the right to use drug/alcohol-screening tests at any time during employment of all team members including investigation of accidents, or other incidents if deemed necessary by management. All team members are hired with the understanding that the nature of the employment relationship is “employment-at-will”. Team members are hired with the understanding that work schedules require availability for employment, which may include early mornings, evenings, weekends and holidays. In addition, government wage and hour laws define certain jobs as non-exempt positions, which are paid on an hourly basis. Non-exempt positions include wait staff, kitchen staff, delivery, repair, and clerical personnel. Other positions such as designated management jobs are defined as exempt, and are paid on a salary basis. You will be advised of your employment classification at time of hire.



Equal Employment Opportunity It’s the policy of Colonial Ice Cream, Inc., and Colonial Cafes, and its management that no person shall be discriminated against in employment because of race, creed, age, color, religion, sex, national origin, disability, veteran status, sexual orientation, pregnancy, ancestry, genetic information, citizenship status, marital status, unfavorable discharge from military service, arrest records or sealed or expunged criminal history records, or any other prohibited basis and that all employment decisions will be in keeping with the letter and spirit of all Equal Opportunity Laws. Equal employment opportunity will be extended to all team members in all aspects of the employer-team member relationship including recruitment, hiring, compensation, benefits, upgrading, training, promotion, transfer, discipline, layoff, recall, termination and all other terms and conditions of employment. Any team member with a disability or pregnancy that requires accommodations should speak to the General Manager or the Human Resources Representative if a reasonable accommodation may be needed to perform the essential functions of the position. Generally, reasonable accommodations may be made unless it creates an undue hardship for the Company. If you feel you have experienced discrimination, immediately inform anyone in management with whom you feel comfortable. You may also contact the Human Resources Representative, the Director of Operations, or the President. The Human Resources Representative and the President may be contacted at (630) 584-0088 during regular office business hours.

Respectful Workplace – Discrimination and Anti-Harassment Policy It is the Company’s policy to maintain a work environment free of unlawful discrimination for all team members. Sexual and other forms of harassment are prohibited. As outlined in our Equal Opportunity Policy, harassment based on race, creed, age, color, religion, sex, national origin, disability, veteran status, sexual orientation, pregnancy, ancestry, genetic information, citizenship status, marital status, unfavorable discharge from military service, arrest records or sealed or expunged criminal history records, and any other prohibited basis will not be tolerated. Colonial Prohibits Harassment We prohibit any form of harassment – joking, remarks, name-calling, letters, e-mails, cartoons, graffiti, pictures, posters, ethnic slurs, racial epithets, or other abusive conduct – including verbal, non-verbal, or physical conduct that demeans or shows hostility toward an individual or group of team members. We also prohibit an intimidating, hostile or offensive work environment, and unreasonable interference with an individual’s work performance or employment opportunities. Colonial Prohibits Sexual Harassment We prohibit any form of sexual harassment of any team member, whether male or female. Sexual harassment is prohibited because it may be intimidating, an abuse of power, and inconsistent with our policies, practices, and management philosophy.



Sexual Harassment is defined by the Equal Employment Opportunity Commission (EEOC) as unwelcome sexual advances, requests for sexual favors and certain other verbal, non-verbal, or physical conduct which is sexual or based on gender. It is conduct that could reasonably offend another person, whether or not such conduct was intended to offend. Sexual harassment applies to the conduct of a supervisor toward a subordinate, a subordinate toward a supervisor, a team member toward another team member, a non-team member (such as a vendor or guest) toward a team member, or a team member toward an applicant for employment and between individuals of the same sex or opposite sexes. Sexual harassment can apply to conduct outside the workplace as well as on the work site. Examples of sexual harassment can include the following:

Verbal harassment, including jokes, comments or threats relating to sexual activity, body parts, or other matters of sexual nature.

Non-verbal harassment, including staring at a person’s body in a sexually suggestive manner, sexually related gestures or motions, and/or circulating sexually suggestive material.

Physical conduct, including grabbing, holding, hugging, tickling, massaging, displaying private body parts, unnecessary touching, or unwelcome physical conduct.

Any employment decision, including promotion, demotion, compensation, or scheduling made by a supervisor based on the team member’s submission to or rejection of sexual conduct.

Submission to sexual conduct as an implicit or explicit condition of getting or keeping a job.

Conduct that denigrates or shows hostility or aversion to a person because of his or her gender or sexual preference and creates an intimidating, hostile or offensive work environment.

Any other sexual conduct that unreasonably interferes with another person’s work performance or creates an intimidating, hostile or offensive work environment or adversely affects another person’s employment opportunities.

Application of Colonial’s Policy All team members are required to adhere to Colonial’s policy prohibiting discrimination and harassment while on the premises, engaging in work-related activities, company-sponsored training or other functions, and at non-company activities when conduct at these activities would affect the work environment. Communication and Investigation Allegations of harassment are taken seriously and investigated thoroughly. The facts will determine the response to each allegation. Substantiated acts of harassment will be met with appropriate disciplinary action up to and including termination. All information regarding any specific incident will be kept confidential within the necessary boundaries of the fact-finding process, and no reprisals against the team member reporting the allegation of harassment will be tolerated. Colonial provides training regularly to assure a respectful workplace. Any team member who experiences or witnesses discrimination or harassment in violation of this policy should register a complaint through the Human Resources Representative. If, for any reason you are not comfortable discussing this matter with Human Resources, you may contact the Director of Operations or the President. These individuals may be contacted at (630) 584-0088 during regular office business hours.



Open Door Policy

If you have a work-related concern, problem or complaint, we want to know about it. We guarantee that there will be no repercussions of bringing something to our attention, substantiated or not. If there is something about your job that is bothering you, take it to your manager, starting with:

Your immediate manager or supervisor – He or she is ready and available. Discuss your concern with your manager. He or she will do their best to resolve your problem.

Your General Manager – If your concern remains unresolved, you can bring it to the General Manager. After speaking with the General Manager should you still feel the issue remains unresolved, feel free to contact Human Resources.

The Human Resources Representative – If your concern remains unresolved, you can bring it to the Human Resources Representative. After speaking with Human Resources, should you still feel the issue remains unresolved, feel free to contact the Director of Operations.

The Director of Operations – At this step, you will have an opportunity to work with the Director of Operations to resolve your concern. If after speaking with the Director of Operations, you still feel the issue remains unresolved you may contact the President.

The President – After the President has had an opportunity to hear all the information a final response will be made. The President’s assessment and conclusion shall be considered final.

ADA Policies and Procedures The Americans with Disabilities Act (“ADA”) requires employers to reasonable accommodate qualified individuals with disabilities. It is the policy of the Company to comply with all Federal and state laws concerning the employment of persons with disabilities. It is Company policy not to discriminate against qualified individuals with disabilities in regard to application procedures, hiring, advancement, discharge, compensation, training, or other terms, conditions, and privileges of employment. The Company will reasonably accommodate qualified individuals with disabilities so that they can perform the essential functions of a job. All team members are required to comply with safety standards. Applicants who pose a direct threat to the health or safety of other individuals in the workplace, which threat cannot be eliminated by reasonable accommodation, will not be hired. Current team members who pose a direct threat to the health or safety of the other individuals in the workplace or to themselves will be placed on appropriate leave until an organizational decision has been made in regard to the team member’s immediate employment situation. The Human Resources Representative is responsible for implementing this policy, including resolution of reasonable accommodation, safety, and undue hardship issues. Individuals who believe that they have a disability or would like to request a reasonable accommodation must contact the Human Resources Representative. Definitions As used in the ADA policy above, the following terms have the indicated meanings:

“Disability” refers to a physical or mental impairment that substantially limits one or more of the major life activities of an individual. An individual who has such an impairment,



has a record of such an impairment, or is regarded as having such an impairment is a “disabled individual.”

“Direct threat to safety” means a significant risk to the health or safety of others that cannot be eliminated by reasonable accommodation.

A “qualified individual with a disability” means an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that the individual holds or has applied for.

“Reasonable accommodation” means making existing facilities readily accessible to and usable by individuals with disabilities, job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modification of examinations, adjustment or modification of training materials, adjustment or modification of policies, and similar activities.

“Undue hardship” means an action requiring significant difficulty or expense by the employer. The factors to be considered in determining an undue hardship include (1) the nature and cost of the accommodation; (2) the overall financial resources of the facility at which the reasonable accommodation is to be made; (3) the number of persons employed at that facility; (4) the effect on expenses and resources or impact upon that facility; (5) the overall financial resources of the Company; (6) the overall number of team members and facilities; (7) the operations of the particular facility as well as the entire company; and (8) the relationship of the particular facility to the Company. These are not all of the factors but serve as examples.

“Essential job functions” refers to those activities of a job that are the core to performing said job for which the job exist that cannot be modified.

Pregnancy Fairness Act Policies and Procedures

The Pregnancy Fairness Act of 2015 requires employers to reasonably accommodate individuals who are pregnant. It is the policy of the Company to comply with all State laws concerning the Illinois Human Rights Act. It is Company policy not to discriminate against qualified pregnant team members in regard to application procedures, hiring, advancement, discharge, compensation, training, or other terms, conditions, and privileges of employment.

The Company will reasonably accommodate conditions related to pregnancy, childbirth, or related medical conditions, unless such accommodations have proven to impose an undue hardship on the Company. Team members are not required to accept an accommodation, and can request an alternative accommodation, provided such an accommodation is possible without undue hardship on the Company. It is against Company policy to retaliate against a team member for requesting accommodation.

Upon intent to return, or when reasonable accommodation ceases, the team member will be reinstated to the original or an equivalent position with equivalent pay and benefits.

The Company may request documentation from the team member’s health care provider concerning the requested accommodation if the request is job related and consistent with business necessity. Inquiries are limited to (1) the medical justification of the requested accommodation, (2) a description of the reasonable accommodation that is medically advisable, and (3) the probable duration of the reasonable accommodation.



The Human Resources Representative is responsible for implementing this policy, including resolution of reasonable accommodation, safety, and undue hardship issues. Individuals who would like to request a reasonable pregnancy or childbirth-related accommodation must contact the Human Resources Representative. It is the responsibility of the team member to notify Human Resources of the need for accommodation.

Drug Free Workplace

The Company is committed to providing team members with a work environment that is free of the problems and dangers associated with the use and abuse of alcohol and controlled substances. Accordingly, the non-prescriptive use, sale, possession, transfer, distribution, dispensation, manufacture, purchase or being under the influence of alcohol or controlled substances or the possession of paraphernalia related to controlled substances by team members at any time on company premises or while on company business is prohibited. Team members who violate this policy are subject to disciplinary action, up to and including termination. In the event a team member encounters personal or job problems resulting from excessive use of alcohol or drugs, the team member is encouraged to seek counseling and treatment through an appropriate medical facility or the Company’s confidential Employee Assistance Plan (EAP). If an individual refuses to accept assistance and is unable to maintain satisfactory performance, the team member will be subject to disciplinary action, which may include dismissal. Drug testing may occur as a result of an accident, near miss accident, management’s judgment of an individual’s inappropriate behavior or other basis for reasonable suspicion or if the Company directs a random drug test for all or certain team members. It is the policy of Colonial Cafe to drug test team members before promotion to management or administrative functions. Pending the results of the drug test, management will take appropriate corrective action. Such action may include return to work without penalty, referral for medical evaluation and treatment, or corrective discipline or discharge as deemed appropriate.

Non-Solicitation Policy Company team members are encouraged to take an active part in civic affairs and worthy charitable activities. However, in order to prevent disruption of operations, interference with work and inconvenience to team members and customers, solicitation for any cause or distribution of literature of any kind during work time is not permitted. Work time is defined as that time when a team member should be working. A team member who is not on work time may not solicit a team member who is on work time for any cause or distribute literature of any kind to that person. Work time does not include lunch periods or breaks. In addition, distribution of any kind and all literature is prohibited at all times in work areas and solicitation of any kind is prohibited in all customer areas. Persons not employed by Colonial normally may not solicit for any purpose or engage in distribution of literature of any kind on Company premises at any time unless arrangements have been made through the Corporate Office. Only the Corporate Office has the authority to approve in-cafe or on-the-property solicitations.

Social Media Policy Colonial Cafe encourages its team members to enjoy and make good use of their off-duty time, but to do so in a way that does not negatively affect the company. This includes impairing the



work of any team member; harassing, demeaning, or creating a hostile work environment for any team member; disrupting the smooth and orderly flow of work within the company; directly or indirectly disclosing confidential or proprietary information; placing in question the reliability, trustworthiness, or sound judgment of any team member (including self); or harassing the goodwill and reputation of Colonial Cafe, its vendors, and its customers or the community at large. In the area of social media (print, broadcast, digital, and online), team members may use such media in any way they choose as long as each use does not produce the adverse consequences noted above. Team members are reminded that the Company’s policies regarding harassment, violence in the workplace, dating and fraternization, email and internet usage, and handheld devices during shifts are extended to social media.

Violence in the Workplace

The Company is concerned about the increased violence in society, which has also filtered into many workplaces throughout the United States. Therefore, the Company has taken steps to help prevent incidents of violence from occurring. For this reason, it is the policy of the Company to expressly prohibit any acts or threats of violence by a Company team member or former team member against any other team member in or about the Company’s facilities or elsewhere at any time. The Company also will not condone any acts or threats of violence against the Company’s team members, customers, or visitors on the Company’s premises at any time or while they are engaged in business with or on behalf of the Company, on or off the Company’s premises. Threats of violence can be verbal, gestural, or written, and includes social media. In keeping with the spirit and intent of this policy, and to ensure that the Company’s objectives in this regard are attained, the Company commits the following:

To provide a safe and healthful work environment, in accordance with the Company’s safety and health policy.

To take prompt remedial action up to and including immediate termination, against any team member who engages in any threatening or intimidating behavior or acts of violence or who uses any obscene, abusive, or threatening gestures or language, including email, social media, graffiti, etc.

To take appropriate action when dealing with customers, former team members, or visitors to the Company’s facilities who engage in such behavior. Such action may include notifying the police or other law enforcement personnel and prosecuting violators of the policy to the maximum extent of the law.

To prohibit team members, former team members, customers, and visitors from bringing unauthorized firearms or other weapons onto the Company’s premises. While Colonial Cafe honors Illinois’s Conceal and Carry law for its guests, the Company restricts team members from bringing guns into the workplace.

To establish viable security measures to ensure that the Company’s facilities are safe and secure to the maximum extent possible and to properly handle access to the Company’s facilities by the public, off-duty team members, and former team members.

Any team member who displays a tendency to engage in violent, abusive, or threatening behavior, or who otherwise engages in behavior that the Company, in its sole discretion, deems offensive, threatening, dangerous, or inappropriate will be subject to disciplinary action, up to and including termination.



DUTY TO WARN In furtherance of this policy, team members have a “duty to warn” their supervisors, in the hierarchy outlined by the Company’s Open Door Policy, of any suspicious workplace activity or situations or incidents that they observe or that they are aware of that involve other team members, former team members, customers, or visitors that appear problematic. This includes, for example, threats or acts of violence, aggressive behavior, offensive acts, threatening or offensive comments or remarks, and the like. Team member reports made pursuant to this policy will be held in confidence to the extent possible. The Company will not condone or tolerate any form of retaliation against any team member for making a report under this policy. Nothing stated in this policy is intended to interfere with a team member’s rights to engage in lawful protected concerted activities under the National Labor Relations Act.

Release and Waiver of Liability Policy The Company sometimes sponsors activities and events for our team members that do not require attendance by team members. It is fully your option to attend or not. This policy states that if you are injured or are involved in an accident at one of these activities or events, you release and discharge Colonial of any responsibility. Read the Release and Waiver of Liability policy included with your orientation/personnel file folder materials, then sign your name and write the date. This indicates you have read and understand the policy and agree to the terms.

Bulletin Boards All notices that affect team members in any way will be posted on a bulletin board, including information on safety and policy. It is your responsibility to look for any newly posted information every time you come to work. No one other than management may post items on the board or write upon posted material.

Hours of Operation The hours of operation and holiday hours vary with each cafe. Please check with your General Manager for your cafe’s hours of operation.

English Language Communication

Colonial strives to provide a safe and efficient working environment. All Company team members must understand and be able to communicate in English well enough to carry out instructions and perform essential job functions as directed by supervisors and suggested by coworkers. Most of our guests speak English as a first language. Team members who interact directly with the guests must be able to speak English well enough to communicate effectively with them, and carry out all responsibilities of their position.

Appearance and Uniform Standards Since our guests always associate the quality of our food with the environment in which it is served, the Company expects you to be clean, neat, and maintain very good hygiene. An integral part of that overall guest experience is your grooming and personal appearance. The “Colonial Image” is an important combination of clothing and grooming. So whether you are a front-of-the-house team member entertaining one of our guests, or a heart-of-the-house team



member preparing the quality meal, you must conform to Company appearance standards both to satisfy health regulations and to enhance the image of professionalism conveyed to our guests. See your cafe’s bulletin board or speak with your General Manager to learn more about your specific uniform requirements. If religious beliefs or medical restrictions limit or prevent your adherence to any appearance and uniform standards, please advise your General Manager or the Human Resources Representative. Non-skid shoes are part of the uniform of every Team Member working in the Cafe. These shoes are the responsibility of the Team Member. Any Team Member arriving to a shift in street shoes will receive a written warning and be sent home without pay.

Team Members are responsible for their own uniform, including uniform purchases and cleaning. Some uniform items may be issued to the Team Member upon hire, but the appropriation of many of the items will be the sole responsibility of the Team Member. No paid outs or loans will be given for uniform acquisition. Upon termination of employment, any uniform items given to the team member are to be returned prior to the release of the final paycheck. General Grooming and Personal Cleanliness Emphasis on personal hygiene is a fundamental responsibility of every team member. People are the most dangerous threat to food sanitation. Appearance must be clean, conservative and follow these important rules for personal cleanliness.

Hair Cleanliness and Management Hair should be washed, clean, and well groomed. Hair should never be loose with curls or strands near the front of your face or loose in a ponytail. Remember, if you move, your hair shouldn’t. Hats should be worn at all times if you are working in the kitchen areas. Males must be clean-shaven at all times. Full or partial beards are not permitted. Mustaches may be worn if they do not extend below the upper lip or exceed the corners of the mouth. Sideburns should not exceed the earlobe and must be neatly trimmed. Again, if religious beliefs or medical restrictions prevent you from adhering to our “clean shaven” policy, please advise your General Manager or the Human Resources Representative.

Bathing You must bathe daily or more often if your job requires it. Body odor is offensive to guests and to other team members. The skin is a prime breeding ground for bacteria and every effort should be made to present a clean and fresh image.

Hand Scrubbing You must scrub your hands thoroughly with soap and warm water before starting work. Scrub your hands frequently while you are on duty, and always before handling foods. When you wash, be sure to dry your hands with a paper towel or an air dryer. Never serve food with wet



hands. Hand scrubbing should follow any activity that offers even a remote possibility that the hands have picked up contaminants from:

Touching areas of the body such as ears, mouth, nose, eyes or hair. Contact with soiled clothing. Handling raw food, particularly meat, fruit, poultry and eggs. Hand contact with unclean equipment and work surfaces. Cleaning and scraping dishes and utensils. Use of the restroom. Eating or smoking. Changing gloves.

Colonial Cafe standards are that gloves are worn in any food preparation position. Your manager or certified trainer will review safety and sanitation procedures regarding wearing gloves. Fingernails Clean your fingernails before going on duty. Torn and dirty nails harbor bacteria and are very difficult to keep sanitary. Nails should be clean and well-manicured. We suggest using only colorless polish or none at all; some positions may require that you remove any polish before your scheduled shift. Artificial nails are against health regulations. Jewelry, Accessories, Body Art and Piercing Wear a minimum of jewelry. Dangling earrings that extend below the lobe of the ear, bracelets, and necklaces other than narrow, single strands are not permitted. Necessary medical bracelets and accessories are permitted. Necklaces must be worn inside your shirt or blouse. Small, post type or ¼ inch loop style earrings are permitted, but no more than two earrings may be worn in either ear at one time. Body piercing rings, pins, clips or posts may not be visible to guests. Tongue posts are, in fact, visible to guests and therefore not permitted while on duty. Tattoos and body art may not be visible. Cuts, Abrasions and Burns Wounds, cuts, burns, abrasions, and open sores should be antiseptically bandaged, and the bandage covered with a waterproof protector if needed. Finger cots should be used for cuts on fingers, and worn under a glove. Fresh Breath and Smoking Avoid eating foods that cause bad breath. Be sure to clean your teeth and freshen your breath before coming to work. Tobacco products such as cigarettes and chewing tobaccos are not allowed in dining, food service, preparation, restrooms, utensil washing areas or in view of guests. Colonial Cafe is a smoke-free workplace. There will be NO SMOKING ALLOWED, tobacco or e-cigarettes (vaporizers), during a team member or manager’s shift. This includes breaks or before side work is completed. Smoking during a shift or on Colonial property will be grounds for immediate termination.



Performance Reviews Your work performance is under continued review by your manager. It is our goal to provide periodic performance reviews to aid your manager in evaluating and discussing your job performance. Here are the definitions for each level of performance:

Exceptional Contributor – Achieves results that far exceed expectations and requirements of the job.

Good Contributor – Achieves results that consistently meet and may exceed expectations and requirements of the job.

Needs Improvement Contributor – Performance may be uneven, and ability to meet expectations and requirements is inconsistent.

Unsatisfactory Contributor – Performance fails to meet expectations. While job performance is a factor that can influence a pay adjustment, please recognize that a performance review is different from a pay review. There may be occasions when your manager discusses job performance issues without discussing pay matters.

Career Opportunities and Promotions Colonial believes in providing eligible and qualified team members every opportunity to advance within the company. The Company identifies high potential, promotable team members on a regular basis. If you have interest in any position or wish to know more about your opportunities, please talk to your General Manager. We encourage you to notify your General Manager of any interest in any job, position or career path within the Company.

Transfers Occasionally Colonial has a need to transfer a team member to a different location. Transfers are generally necessary to fill a key position, and to satisfy the needs of a specific cafe. They can be temporary or permanent. If you are asked to transfer, we will strive to make the move as easy for you as possible. In most cases you will be given adequate notice. If you wish to transfer, submit a request in writing to your General Manager for consideration. This request for transfer will be considered on the basis of your qualifications, an available opening at another location, and the best interest of both you and Colonial. Both General Managers and the Director of Operations must approve the transfer.

Team member Information

Promptly inform management of any changes in your name, address, telephone number, marital status, number of dependents, emergency contact or social security number, so that Company payroll records and contact information may be kept current.

Privacy of Health Information

Government regulations define standards to protect the privacy of health information. In the course of the employment relationship an individual’s health information may be used by the Company when necessary for the administration of workers compensation benefits, drug or



alcohol testing, medical leave requests, physicians’ return-to-work statements, pregnancy or ADA accommodation requests, or health insurance plan benefits. You may be asked to sign an authorization form to permit a medical provider or health plan to disclose health information to the Company. Any such disclosure will only be used for the specified purpose of the disclosure and the Company will take all reasonable precautions to protect the privacy of this information. The provision of treatment (performing the specified test or exam) is conditioned upon your signing a health information disclosure authorization because the disclosure is solely for the purpose of creating protected health information for disclosure to a third party (Colonial Ice Cream, Inc.). Your refusal to sign this authorization means that medical treatment will not be rendered and failure or refusal to cooperate with the specified test or exam is grounds for the Company to take corrective action up to and including discharge from employment.



Team Member Benefits

Eligibility for Benefits Our Company provides an array of team member benefits, which are designed to make your job more rewarding, and to aid in financial protection through group insurance plans. The benefits and related eligibility provisions described herein are subject to change or revocation at any time at the sole discretion of the Company. Team members should refer to the appropriate Plan Documents for more specific details regarding benefit programs. In the event of a conflict or discrepancy between the Plan Documents and any handbook provision, the Plan Documents control. Subject to the forgoing, team members become eligible for benefits as summarized below: A Full-time Team Member is an individual who is hired for an indefinite period for the normal full-time work schedule. A full-time team member works a minimum of 30 hours weekly and normally averages 40 or more hours weekly. Full-time team members meeting appropriate length of service requirements are eligible for regular company benefits. Many of the benefits begin following 90 days of service. A Part-time Team Member is an individual who is hired for an indefinite period for a work schedule which normally averages less than 30 hours weekly. Part-time team members are not eligible for regular benefits. A Temporary Team Member is an individual who is hired for a specified period or short-term period such as seasonal or summer workers. Temporary team members are not eligible for regular benefits. Temporary changes in your scheduled number of hours do not affect your status, and the above definitions are not to be construed as a guarantee of work hours.

Health and Welfare Our insurance plan is available to any team member who is regularly scheduled thirty hours or more a week for ninety consecutive days. See your General Manager or consult the Team Member Website for current rates. Premiums are drawn from each paycheck, and prorated over twenty-six paychecks per year. Ask your General Manager about plan details and application information. These benefits, and their associated costs, are subject to change or revocation at any time at the sole discretion of the Company, and in the event of a conflict or discrepancy between the Plan Documents and any handbook provision, the Plan Documents control. A detailed explanation of the above listed plans may be found in our Benefits Handbook. Please see your General Manager or Director of Operations, or consult the Team Member Website for details.



Employee Assistance Program From time to time a team member may be faced with a need to speak with a counselor regarding life stresses. Divorce, loss, depression, spousal abuse, substance abuse, etc., can impact a team member’s focus and performance at work. The Company offers a confidential employee assistance program (EAP), where team members can contact state certified professionals to seek next-step guidance. These conversations are kept confidential by the counseling agency and are never shared with the Company or its team members. The contact information is as follows.

TriCity Family Services 1120 Randall Court Geneva, IL 60134 (877) 999-8237

Vacation

It is the policy of the Company to encourage all team members to avail themselves of vacation time for family, friends, rest and relaxation. Team members who work an average of at least thirty hours (30) per week over a one-year period of time will be eligible for a paid vacation. Vacation eligibility is based on hire date, and is earned after completion of twelve months of service. After your first year eligibility requirement is met, you’ll have any remaining time between your anniversary of hire date and the end of that calendar year to take the earned vacation time. During every eligible year thereafter, vacation time is earned on a calendar year basis, beginning January 1st. Vacation hours and pay for hourly team members are calculated using the average hours worked, (not to exceed 40 hours), and the average rate of pay for the 52 weeks preceding the vacation earning date. Vacation time will not exceed 40 hours in one week, and is not eligible for overtime calculation purposes when combined with regular workdays. There is no vacation pay in lieu of taking actual vacation time. Vacation must be taken within the eligible calendar year and cannot be held over or accumulated from one year to the next, except when vacation is postponed in writing at the request of the Company. In such a case, the Director of Operations may approve carry-over of up to forty hours of earned vacation time. Vacation eligibility and amount is based on the position held (salaried or hourly) at the time the vacation is taken. The General Manager must approve all vacation requests in advance. Requests for vacation must balance with the needs of the business. Vacation time cannot be used in lieu of notice of resignation. If your employment is terminated for any reason, any vacation you have earned but not taken that year shall be paid to you on a pro-rated basis in compliance with applicable laws. Terminated team members with less than one year of service may be eligible for the pro rata vacation earned during the first year. Please see the Director of Operations for pro-rated vacation details. The vacation schedule for eligible team members is as follows:

1 year of service – 1 week paid vacation based on average hours worked. 2 years of service – 2 weeks paid vacation based on average hours worked.



After 6 years of service – 2 weeks plus 1 day for each additional year over 5 years based on average hours worked.

After 10 years of service – 3 weeks paid vacation based on average hours worked. After 15 years of service – 4 weeks paid vacation based on average hours worked.

Some hourly team members work at several different rates throughout the year. Those team members will receive the average rate-of-pay for their vacation hours. Exempt team members earn vacation based on their hire date, and 1 week paid vacation is earned after 6 months of service. After the first year of service, exempt team members earn a second week of paid vacation. During every year thereafter, vacation time is accumulated as outlined above.

Meal Policy

When you take a break during a shift, you may receive a 50% discount on most menu items. Food must be consumed on the premises. As with food purchased by regular guests, sales tax will be added to the price of the meal. No food or drink is to be consumed in any place where guests may see you. Times and locations of breaks are at the discretion of your cafe’s management and may depend on volume of business. Current team members who come into Colonial while they are not on duty are regarded as guests, and afforded the same services as regular guests. Team members will receive a 20% discount, up to a maximum of a six-person party, if the cafe has no wait. A 20% pre-discount server TIP is expected.

Retirement Savings

Colonial offers a 401(k) benefit plan designed to help team members save for retirement. For improved financial security later in life you may participate in this plan. It’s a great way to save for your future! The benefits and related eligibility provisions described herein are subject to change or revocation at any time at the sole discretion of the Company. Team members should refer to the appropriate Plan Documents for more specific details regarding benefit programs. In the event of a conflict or discrepancy between the Plan Documents and any handbook provision, the Plan Documents control.

401(k) Saving Plan – Team members who are at least twenty-one years of age, after working one continuous year service and have worked at least 1,000 hours for Colonial are eligible to participate. Team members have the option to decide how their money will be invested. Enrollment and changes are permitted once each quarter. A quarterly statement will allow the team member to track both team member and Company contributions and Plan earnings.

Eligible team members may elect a contribution amount of up to 15% of base pay to be deducted on a tax-deferred basis. The Company matches 25% of the team member’s contributions, up to the first 2% of gross earnings. Team member contributions and



Company matching contributions may be invested in up to thirteen (13) funds for maximum flexibility and earnings. Participants in these plans receive an annual statement of account showing how funds accumulated over the prior year.

Paid Absence Benefits Certain paid absence benefits are defined in this handbook. When an eligible team member is on an authorized absence as defined by a particular policy, the team member receives pay for the absence up to the defined limits. Pay for absence is computed based on the team member’s regular hourly pay rate, or minimum wage for a tipped team member. Not all absences are guaranteed to be paid, and certain restrictions may apply, such as limiting vacations during high-volume periods or holidays.

Leaves The Company understands that compelling reasons may cause team members to be away from work for extended periods of time. Accordingly, the Company grants leaves of absence to eligible team members. Leaves of absence of more than five days are granted for the purpose of maintaining continuous service and other benefits of the Company. The Company’s plans include family and medical leave – which includes maternity leave, personal or student leave, military leave, family leave, domestic violence leave, funeral leave, blood donor leave, and jury duty leave.

Conditions of Leave Team members are required to apply for leaves of absence or an extension of a leave, in writing, and the leave must be reviewed and approved by the General Manager or Director of Operations before the leave begins, as circumstances permit. All leaves of absence must state a specified duration and return-to-work date at the time the leave request is made. A team member who fails to return to work by the predetermined leave of absence return date will be considered as having voluntarily resigned employment with the Company. All leaves of absence are without pay unless under specified compensable conditions such as salary continuance, Workers’ Compensation or other provisions under the law. Team members returning to work from a Company approved leave of absence will be re-employed in the closest comparable position, at the first available opening, subject to the requirements of the business and applicable law. A leave of absence, unless required by law, is not intended to guarantee a team member a job upon return to work from such a leave. If such work is available, the team member may resume work status without loss of prior length of service credit for purposes of vacation and other Company benefits. If immediate replacement is not possible, the team member may be placed on a preferential hire status. Typically, the maximum amount for any leave that will be granted is 12 weeks in any twelve-month period. Generally, team members failing to return to work after six months leave will be considered as having voluntarily resigned employment with the Company; however, these issues will be evaluated on an individual, case-by-case basis. Vacation benefits do not accrue during a leave of absence. Contract or temporary team members are not eligible for leaves of absence. During leave, group insurance benefits continue for up to 30 days (up to 12 weeks for FMLA) and the team member is responsible for



making normal insurance premium contributions. Thereafter, the team member may elect to pay the full insurance premium cost if continued insurance is desired. If the leave extends beyond the leave restraints, COBRA Insurance will be offered to the team member.

Family and Medical Leave It is the policy of the Company to grant up to 12 weeks of family and medical leave during any 12-month period to eligible team members, in accordance with the Family and Medical Leave Act of 1993 (“FMLA”) and up to 26 weeks of leave in any 12-month period in compliance with the expansion of FMLA under The Support for Injured Servicemembers Act of 2007. The leave may be paid, unpaid, or a combination of paid and unpaid leave, depending on the circumstances of the leave and as specified in this policy. To be eligible for family medical leave under this policy, a team member must have worked for the Company for 12 months or 52 weeks. The 12 months or 52 weeks need not have been consecutive, but must have occurred within the previous 7 years. For eligibility purposes, a team member will be considered to have been employed for an entire week even if the team member was on the payroll for only part of the week or if the team member is on leave during the week. Additionally, the team member must have worked at least 1,250 hours within a 12-month period immediately before the date when the leave is requested to commence. The principles established under the Fair Labor Standards Act (“FLSA”) determine the number of hours worked by a team member. The FLSA does not include time spent on paid or unpaid leave as hours worked. Consequently, these hours of leave should not be counted in determining the 1,250 hours worked as eligibility for a team member under FMLA. Finally, the team member must work in an office or work site where 50 or more team members are employed by the Company within 75 miles of that office or work site. The distance is to be calculated by using available transportation by the most direct route. An eligible team member can take up to 12 weeks (or up to 26 weeks of leave to care for an injured or ill servicemember) under this policy during any 12-month period measured backward from the date a team member uses any leave under this policy. Each time a team member takes leave, the Company will compute the amount of leave the team member has taken under this policy in the last 12 months and subtract it from the 12 weeks (or up to 26 weeks for the care of an injured or ill servicemember) of available leave, with the balance remaining being the amount the team member is entitled to take at that time. If a husband and wife both work for the Company and each wishes to take leave for the birth of a child, adoption or placement of a child in foster care, or to care for a parent (but not a parent-in-law) with a serious health condition, the husband and wife may only take a combined total of 12 weeks of leave (or 26 weeks for the care of an injured or ill servicemember). The following reasons qualify as FMLA leave under this policy:

1. The birth of a child and in order to care for that child 2. The placement of a child for adoption or foster care and to care for the newly placed

child. 3. To care for a spouse, child, or parent with a serious health condition. 4. The serious health condition of the team member that makes the team member

unable to perform the functions of the team member’s position.



A “serious health condition” is defined as a condition that requires inpatient care at a hospital, hospice, or residential medical care facility, including any period of incapacity or any subsequent treatment in connection with such inpatient care or a condition that requires continuing care by a licensed health care provider. This policy covers illnesses of a serious and long-term nature, resulting in recurring or lengthy absences. Generally, a chronic or long-term health condition, which, if left untreated, would result in a period of incapacity of more than three days, would be considered a serious health condition. The Company may require a team member to provide a doctor’s certification of the serious health condition.

5. A covered family member’s active duty or call to active duty in the Armed Forces. A team member whose spouse, son, daughter, or parent either has been notified of an impending call or order to active military duty (i.e. deployment to a foreign country) or who is already on active duty may take up to 12 weeks of leave for reasons related to or affected by the family member’s call-up or service. Reasons related to the call-up or service include helping the family member prepare for departure or caring for children of the servicemember. The leave may commence as soon as the individual receives the call-up notice. (Son or daughter for this type of FMLA leave is defined the same as for child for other types of FMLA leave, except that the person does not have to be a minor.) This type of leave would be counted toward the team member’s 12-week maximum of FMLA leave in a 12-month period. Eligible team members with a spouse, son, daughter, or parent on active duty or call to active duty status in the National Guard or Reserves, or family members of active duty servicemembers in support of a contingency operation may take up to twelve weeks of FMLA for “any qualifying exigency.” A qualifying exigency includes (1) short-notice deployment; (2) military events and related activities; (3) childcare and school activities; (4) financial and legal arrangements; (5) counseling; (6) rest and recuperation of up to fifteen calendar days; (7) post-deployment activities; (8) parental care; (9) additional activities not encompassed in the other categories, but agreed to by the employer and the team member. The Company may require a team member to provide proof of the qualifying family member’s call-up or active military service before leave is granted.

6. To care for an injured or ill servicemember, including former service members. Eligible team members may take up to 26 weeks of leave in a 12-month period to care for a spouse, son, daughter, parent, or next-of-kin who is a covered servicemember or covered veteran. “Next-of-kin” is defined as the closest blood relative of the covered servicemember. A “covered servicemember” is defined as a current member of the Armed Forces (including the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy for an injury or illness incurred in the line of active military duty or that existed before the beginning of active duty and was aggravated by service in the line of duty, that may render the servicemember medically unfit to perform the duties of his or her office, grade, rank, or rating. Covered servicemember also includes any individual on the temporary disability retired list. A covered veteran who is undergoing medical treatment, recuperation, or therapy for a serious injury or illness is also entitled to leave. A covered veteran is defined as an individual who was a member of the Armed Forces and was discharged or released under conditions other than dishonorable during the five year period prior to the first date an eligible team member takes



leave (October 28, 2009 through March 8, 2013 shall not count towards the five year look-back period). In the case of a covered veteran, a serious injury or illness means an injury or illness that was incurred by the veteran in the line of duty while on active duty or existed before the beginning of active duty but was aggravated in the line of duty and that is (1) a continuation of a serious injury or illness incurred or aggravated when the veteran was an active member of the armed forces that rendered the servicemember unable to perform the duties of the servicemember’s office, grade, rank, or ration; (2) a physical or mental condition for which the covered veteran has received a “VASRD disability rating” of 50 percent or greater and the rating is based, at least in part, on the condition precipitating the need for leave; (3) a physical or mental condition that substantially impairs (or without treatment would impair) the veteran’s ability to secure a gainful occupation by reason of disability related to military service; or (4) an injury, including a psychological injury for which the veteran has been enrolled in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers. Team members requesting this type of FMLA leave must provide certification of the family member or next-of-kin’s injury, recover, or need for care. This certification is not tied to a serious health condition as for other types of FMLA leave. This is the only type of FMLA leave that may extend a team member’s leave entitlement beyond 12 weeks to 26 weeks. Other types of FMLA leave are included with this type of leave totaling the 26 weeks. Team Member Status and Benefits during Leave While a team member is on leave, the Company will continue the team member’s health benefits during the leave period, subject to the conditions below, at the same level and under the same conditions as if the team member had continued to work. If the team member chooses not to return to work for reasons other than a continued serious health condition of the team member or the team member’s family member, or a circumstance beyond the team member’s control, the Company will require the team member to reimburse the Company the amount it paid for the team member’s health insurance premium during the leave period. Under current Company policy, the team member pays a portion of the health care premium. While on paid leave, the employer will continue to make payroll deductions to collect the team member’s share of the premium. While on unpaid leave, the team member must continue to make this payment, either in person or by mail. The payment must be received by the Human Resources Representative in accordance with a schedule the Company will provide. If the payment is more than 30 days late, the team member’s health care coverage may be dropped for the duration of the leave. The employer will provide 15 days’ notification prior to the team member’s loss of coverage. If the team member contributes to a life insurance or disability plan, the employer will continue making payroll deductions while the team member is on paid leave. While the team member is on unpaid leave, the team member may request continuation of such benefits and pay their portion of the premiums. If the team member does not continue these payments, the employer may discontinue coverage during the leave. If the employer maintains coverage, the employer may recover the costs incurred for paying the team member’s share of any premiums, whether or not the team member returns to work.



Team Member Status after Leave A team member who takes leave under this policy will be able to return to the same position or a position with equivalent status, pay, benefits, and other employment terms. The position will be the same or virtually identical in terms of pay, benefits, and working conditions. The Company may choose to exempt certain key team members from this requirement and not return them to the same or similar position. Use of Paid and Unpaid Leave A team member who is taking FMLA leave because of the team member’s own health condition or the serious health condition of a family member must use all paid vacation, personal, or other leave prior to being eligible for unpaid leave. Such other leave may be run concurrently with FMLA leave if the reason for the FMLA leave is covered by the established leave policy. Workers’ compensation leave and other leave (to the extent that it qualifies) will be designated as FMLA leave and will run concurrently with FMLA leave. The team member may then be required to substitute accrued (or earned) paid leave as appropriate before being eligible for unpaid leave for what remains of the 12-week entitlement. A team member who is taking leave for the adoption or foster care of a child must use all paid vacation, personal, and family leave prior to being eligible for unpaid leave. Intermittent Leave or a Reduced Work Schedule The team member may take FMLA leave in 12 consecutive weeks, may use the leave intermittently (take a day periodically when needed over the year) or, under certain circumstances, may use the leave to reduce the workweek or work day, resulting in a reduced hour schedule. In all cases, the leave may not exceed a total of 12 workweeks (or 26 workweeks to care for an injured or ill service member over a 12-month period). The Company may temporarily transfer a team member to an available alternative position with equivalent pay and benefits if the alternative position would better accommodate the intermittent or reduced schedule, in instances of when leave for the team member or team member’s family member is foreseeable and for planned medical treatment, including recovery from a serious health condition or to care for a child after birth, or placement for adoption or foster care. For the birth, adoption, or foster care of a child, the Company and the team member must mutually agree to the schedule before the team member may take the leave intermittently or work a reduced hour schedule. The Illinois Human Rights Act will serve as the guidelines for such leave. If the team member is taking leave for a health condition or because of the serious health condition of a family member, the team member should try to reach agreement with the Company before taking intermittent leave or working a reduced hour schedule. If this is not possible, then the team member must prove that the use of the leave is medically necessary. The Company may require certification of medical necessity. Certification of the Serious Health Condition of the Team Member or the Spouse, Child, or Parent of the Team Member The Company may ask for certification of the serious health condition. The team member must respond to such a request within 15 days of the request or provide a reasonable explanation for



the delay. The employer shall designate the leave within five business days of the receipt of the medical documentation. If any questions arise over the documentation for certification and additional documentation is required, the team member has seven (7) calendar days to submit additional documentation regarding certification. Failure to provide certification, within the time frame and in absence of good faith practicable efforts, may result in a denial of continuation of leave. Team members have an affirmative duty to cooperate and communicate throughout all facets of the leave process, including but not limited to the initial request for leave, certification, and return to work procedures. Certification of the serious health condition shall include the date when the condition began, its expected duration, and a brief statement of treatment. For medical leave for the team member’s own medical condition, the certification must also include a statement that the team member is unable to perform work of any kind or a statement that the team member is unable to perform the essential functions of the team member’s position. For a family member who is seriously ill, the certification must include a statement that the patient, the family member, requires assistance and that the team member’s presence would be beneficial or desirable. If the team member plans to take intermittent leave or work a reduced schedule, the certification must also include dates and the duration of treatment as well as a statement of medical necessity for taking intermittent leave or working a reduced schedule. The Company has the right to ask for a second or third opinion if it has reason to doubt the certification. The Company will pay for the team member to get a certification from a second or third doctor, which the Company will select. If necessary to resolve a conflict between the original certification and the second opinion, the Company will require the opinion of a third doctor. The Company and the team member will mutually select the third doctor, and the Company will pay for the opinion. This third opinion will be considered final. The team member will be provisionally entitled to leave and benefits under the FMLA pending the second and/or third opinion. The team member gives the employer permission to contact the healthcare provider if any clarification regarding documentation or certification arises. Prior to reinstatement, the team member is required to undergo a Fitness for Duty Exam and present the exam results and release. The Fitness for Duty release may include an assessment of the job requirements so the healthcare provider may accurately ascertain the parameters of reinstatement and if any accommodations are required. Documentation of the Need for Servicemember FMLA Leave to Care for an Injured or Ill Servicemember Team members requesting this type of servicemember FMLA leave must provide documentation of the family member’s or next-of-kin’s injury, recover, or need for care. This documentation may be a copy of the military medical information, orders for treatment, or other official Armed Forces communication pertaining to the servicemember’s injury or illness incurred on active military duty that renders the member medically unfit to perform his or her military duties. The documentation may also be provided by any healthcare provider authorized under the FMLA to certify injury or illness.



Procedure for Requesting Leave for (1) The Birth of a Child or in Order to Care for that Child; (2) The Placement of a Child for Adoption or Foster Care and to Care for the Newly Placed Child; (3) To Care for a Spouse, Child, or Parent with a Serious Health Condition; or (4) The Serious Health Condition of the Team Member All team members requesting this type of FMLA leave must provide verbal notice with an explanation of the reason(s) for the needed leave to their immediate supervisor, who will advise the Human Resources Representative. If the leave is foreseeable, the immediate supervisor may require the team member to provide a written request for leave and reason(s) with a copy to the Human Resources Representative. Failure of the team member to provide a written request for leave cannot be grounds to deny or delay the taking of FMLA leave. The Company will provide individual notice of rights and obligations to each employee requesting leave within two business days or as soon as practicable. For team members on intermittent or recurring leave for the same incident, this notice will be provided every six months. When a team member plans to take leave under this policy, the team member must give the Company 30 days’ notice. If it is not possible to five 30 days’ notice, the team member must give as much notice as is practicable. An employee who is to undergo planned medical treatment is required to make a reasonable effort to schedule the treatment in order to minimize disruptions to the Company’s operations. If a team member fails to provide 30 days’ notice for foreseeable leave with no reasonable excuse for the delay, the leave request may be denied until at least 30 days from the date the Company receives notice. While on leave, team members are requested to report periodically to the Company regarding the status of the medical condition and their intent to return to work. Procedure for Requesting Leave for (1) A Covered Family Member’s Active Duty or Call to Active Duty in the Armed Forces or (2) To Care for an Injured or Ill Servicemember All team members requesting this type of FMLA leave must provide verbal notice with an explanation of the reason(s) for the needed leave to their immediate supervisor, who will advise the Human Resources Representative. Leave may commence as soon as the individual receives the call-up notice. If the leave is foreseeable, the immediate supervisor may require the team member to provide a written request for leave and reason(s) with a copy to the Human Resources Representative.

The Company will provide individual notice of rights and obligations to each team member requesting leave within two business days or as soon as practicable.

A team member who fails to return to work after the expiration of the leave will be considered to have voluntarily resigned employment. The Company reserves the right, under certain circumstances, to request reimbursement for insurance premiums or other benefits paid for by the Company, on behalf of the team member during the team member’s leave of absence.

Extensions of Leave If a team member is not able to return to work at the time his/her original leave expires, the team member must notify the General Manager or the Human Resources Representative of his/her intent to extend leave. A request for an extension must be in writing and approved by the Company prior to the expiration of the original leave.



Team members who need more than 12 weeks of leave must consult with the General Manager or the Human Resources Representative. Continuation of benefits, substitution of other paid leave, and job availability may change if an extension is granted.

Important Note: Please speak with your General Manager or the Human Resources Representative if you would like further information regarding the FMLA policy.

Personal or Student Leave Personal or student leave may be granted to team members for reasons other than those covered by the FMLA, for compelling personal reasons, or to attend school. Leave terms and conditions include:

Full-time team members with a minimum of two months continuous service are eligible. Requests must be submitted in writing to the General Manager in advance of the

requested leave period. Whenever possible, written request must be made at least six weeks in advance.

Time may be granted for a period up to 90 days. Under special circumstances, the leave may be extended up to an additional 90 days.

If enrolled, the team member must pay the employer and team member portion of monthly group health benefits for the period of up to 90 days. If the leave extends 90 days, COBRA insurance will be extended to the team member.

Team members may contact the General Manager for more details.

Military Leave Team Members on military reserve status who are ordered to annual active duty for two weeks or less will be paid the difference between the military allowance and their current base rate for the military training period, not to exceed two weeks in any calendar year. (Note – the Company defines two weeks as ten days maximum, or the average amount of days worked during a calendar week.) Team Members should make every effort to provide reasonable notice in advance of any scheduled active duty, as well as to submit military pay rate to the general manager.

If a team member is called into active duty due to a U.S. military operation or engagement, they must notify the General Manager or the Human Resources Representative as soon as possible. Team members may be released without pay for extended military obligations. Military veterans have certain leave and re-employment rights as set forth in the Uniformed Services Employment and Reemployment Rights Act, and the Human Resources Representative should be contacted with any questions regarding those rights.

Family & Military Leave Colonial permits team members with 12 months service or more and 1250 hours worked in the past year who are spouses, parties to a civil union, or parents of military personnel to request unpaid, job-protected leave to address family matters related to military deployments of more than 30 days. Leave of up to 30 days may be permitted if an individual has exhausted all accrued vacation. An absence of 5 consecutive days or more must be requested at least 14 days in advance. The team member is responsible to normal contributory costs of group insurance, if applicable.



Court Service or Jury Duty

Full-time team members who complete jury duty or serve as a witness under court subpoena will receive their regular rate of pay for each day they are required to serve up to a maximum of ten work days, less the amount of money paid by the court. Team members will be required to remit to the General Manager all compensation received from the court as a result of jury duty in order to receive regular pay for the paid leave period. Upon receiving a summons for jury duty, arrangements will be made to accommodate the obligation. Time off without pay is permitted for circumstances beyond the limits of this policy and for part-time team members. Team members must notify the general manager as soon as a summons is received to receive this leave benefit.

Domestic Violence Leave The Company will provide up to twelve weeks of unpaid leave from work on an intermittent or reduced work schedule basis to any team member who is a victim of domestic or sexual violence (or who has a family or household member who is a victim of domestic or sexual violence). “Family or household member” may include those related by blood or by present or prior marriage, or who share a son or daughter to address domestic or sexual violence if the Team Member is seeking the following:

Seeking medical attention for, or recovering from, physical or psychological injuries caused by domestic or sexual violence to the team member or the team member’s family or household member

Obtaining services from a victim services organization for the team member or the team member’s family or household member

Obtaining psychological or other counseling for the team member or the team member’s family or household member

Participating in safety planning, temporarily, or permanently relocating, or taking other actions to increase the safety of the team member or the team member’s family or household member from future domestic or sexual violence or ensure economic security

Seeking legal assistance or remedies to ensure the health and safety of the team member or the team member’s family or household member, including attending, preparing for, or participating in any civil or criminal legal proceeding related to or derived from domestic or sexual violence

“Family or household member” means a spouse, party to a civil union, parent, son, daughter, and persons jointly residing in the same household whose interests are not adverse to the team member as it relates to the domestic or sexual violence. “Family or household member” may also include those related by blood or by present or prior marriage, or who share a son or daughter.

“Parent” means the biological parent of a team member or an individual who stood in loco parentis to an team member when the team member was a son or daughter. “Son or daughter” means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is under 18 years of age, or is 18 years of age or older and incapable of self-care because of mental or physical disability.

The team member shall be entitled to a total of 12 work-weeks of unpaid leave during any 12-month period. This policy does not create a right for a team member to take unpaid leave that



exceeds the unpaid leave time allowed under, or is in addition to the unpaid leave time permitted by FMLA. The team member may use any available paid or unpaid leave from employment, in substitution for any period of such leave for an equivalent period of leave.

The team member shall provide the Company with at least 48 hours’ advance notice of the team member’s intention to take the leave, unless providing such notice is not practicable. When an unscheduled absence occurs, the Company will not take any action against the team member if the team member, within a reasonable period after the absence (generally defined herein as 15 days) provides certification as shown under the next section.

Certification The Company may require the team member to provide certification to the Company that the team member or the team member’s family of a household member is a victim of domestic or sexual violence, and the leave is for one of the purposes enumerated above. The team member shall provide such certification to the Company within a reasonable period after the Company requests certification.

The team member shall provide such certification to the Company within a reasonable period after the Company requests certification. A team member may satisfy the above certification requirement by providing to the Company a signed and dated statement of the team member, and upon obtaining such documents the team member shall provide (1) documentation from an agent, or volunteer of a victim services organization, an attorney, a member of the clergy, or a medical or other professional from whom the team member or the team member’s family or household member has sought assistance in addressing domestic or sexual violence and the effect of the violence; (2) a police or court record; or (3) other corroborating evidence.

Confidentiality All information provided to the Company, including a statement of the team member or any other documentation, record, or corroborating evidence, and the fact that the team member has requested or obtained leave pursuant to this policy, shall be retained in the strictest confidence by the Company, except to the extent that disclosure is requested or consented to in writing by the team member or otherwise required by applicable Federal or State law.

The team member will be entitled to restoration of position and maintenance of benefits as outlined by FMLA leave. The Company may recover the premium that the Company paid for maintaining coverage for the team member and the team member’s family or household member as outlined by FMLA leave. Similarly, the Company may require a team member on leave under this policy to report periodically to the Company on the status and intention of the team member to return to work.

Nondiscrimination The Company will not discriminate or otherwise harass or retaliate against any team member with respect to the compensation, terms, conditions, or privileges of employment because the individual is or is perceived to be a victim of domestic or sexual violence; attended, participated in, prepared for, or requested leave to attend, participate in, or prepare for a criminal or civil court proceeding relating to an incident of domestic or sexual violence of which the individual or a family or household member was a victim; or requested an adjustment to a job structure, workplace facility, or work requirement, including a transfer, reassignment, or modified schedule, leave, a changed telephone number or station assignment, installation of a lock, or implementation of a safety procedure in response to actual or threatened domestic or sexual



violence; or the workplace is disrupted or threatened by the action of a person whom the individual states has committed or threatened to commit domestic or sexual violence against the individual or the individual’s family or household member.

Reasonable Accommodations Within the provisions of VESSA, a reasonable accommodation will be made for a qualified team member or applicant when there are limitations resulting from circumstances that relate to being a victim of domestic or sexual violence or a family or household member being a victim of domestic or sexual violence. Reasonable VESSA accommodations may include adjustment to a job structure, workplace facility, or work requirement, including transfer, reassignment, or modified schedule, leave, a changed telephone number or seating assignment, installation of a lock, or implementation of a safety procedure in response to an actual or perceived threat, assistance in documenting domestic or sexual violence that occurs at the workplace or in a work-related setting. Team members are required to provide the same certification for an accommodation request as for that of leave request.

Blood Donor Leave

As defined by a new state law, Colonial Ice Cream permits full-time team members with 6 months service or more, time off with pay for up to 1 hour for the purpose of blood donation. Such absence is permitted with prior request and approval by company management and upon providing medical documentation for the absence. Blood donation leave may not occur more frequently than every 56 days. Leave requests for circumstances beyond the limits of this policy may be permitted without pay, subject to management discretion.

Funeral Leave

In the event of death in the family, team members may schedule time off for bereavement and tending to funeral matters. Full-time team members may be granted a paid funeral leave benefit consisting of up to 2 days off from scheduled work with pay between the date of death and date of funeral. Immediate family is defined as current spouse, children or stepchildren, parent, brother or sister. Funeral leave is based on the team member’s regular hourly pay rate and average hours worked. Please keep the Company informed when you will be absent for funeral matters.

Workers’ Compensation Every team member is automatically covered by Workers’ Compensation insurance. This plan covers the treatment and hospitalization for certain injuries or illness that might arise from accidents on the job. Team members who are hurt or become ill on the job, however minor, must immediately report the injury or illness at once to a manager on duty or the General Manager.

If a team member is injured while working and medical treatment is necessary as a result of that injury, the Company wants to ensure that the injured team member receives the appropriate care. The General Manager will direct the team member to the nearest approved medical facility for treatment. In addition to treatment, a drug test will be administered. If an injured team member is medically able, we want the team member to return to work at full capacity. If the team



member’s physical activity is restricted by a doctor, we also offer modified job duties, whenever possible, to reasonably accommodate the restrictions. A doctor’s release or restrictions and accommodations list will be required for the team member to return to work.

Team members absent from work because of a workers’ compensation injury maintain all team member benefits privileges for a maximum period of nine months from the date that the injury occurred. Should a team member continue to be unable to work because of a workers’ compensation injury for more than nine months, then all team member benefits privileges will be discontinued, including insurance coverage (COBRA will be offered), vacation accrual, and meal discounts.



General Policies Rules of Conduct Each team member is expected to behave in an appropriate manner. We are proud of our team members and the manner in which they conduct themselves, relying on individual good judgment and sense of responsibility; however, for the protection of our guests’ interests as well as yours, we have established certain rules and procedures of conduct.

Misconduct, which disregards the Rules of Conduct, will result in disciplinary action. Disciplinary action may include verbal warnings, written warnings, suspension without pay, or immediate discharge. Disciplinary action will be handled by the manager as soon as it is practical to do so. However, a violation that is serious in nature is to be addressed by any manager or supervisor immediately, whether the team member is a direct report or not.

Management reserves the right to administer disciplinary rules and procedures based on its interpretation of the facts of the incident(s) and to adapt discipline procedures or use immediate discharge when such actions may be in the best interest of the Company. The following rules are not designed to be a complete list, but are intended to serve as a general guideline including other similar behavior, which may be subject to disciplinary action.

The following is a list of offenses subject to disciplinary action, which may result in discharge:

Possessing, carrying, or being under the influence of narcotics, drugs, or intoxicating beverages on the job or on Colonial property. As a special note, we will not tolerate coming to work in a hung-over state

Stealing or attempting to steal from any individual on Colonial’s property, or stealing or attempting to steal property from Colonial

Bodily assault upon any person or fighting on Colonial’s property Immoral or indecent conduct on Colonial property Possession of firearms or any dangerous weapons or explosives on Colonial’s property Threatening, intimidating, coercing, or interfering with other team members or guests Insubordination to management or refusal to perform assignments Disclosing confidential cafe business information or team member telephone numbers or

addresses to unauthorized persons Intentionally defacing or destroying Colonial property Sexual or other harassment

In addition, all team members are expected to refrain from the following:

Eating food or chewing gum while working Playing a music player on the line Using back doors or emergency exits when coming to or leaving work Engaging in any kind of horseplay while on Colonial property Having non-business conversations with other team members while serving or in the

presence of our guests Engaging in lengthy conversations with guests to the neglect of other guests and your

job Discussing personal problems with guests



Nothing in this policy shall alter the “at-will” nature of the employment relationship or limit management’s prerogative to separate an individual’s employment at any time for any lawful reason.

Attendance & Punctuality Colonial Ice Cream, Inc. has established its reputation by providing prompt courteous service and a pleasant dining experience for our guests. If you are absent or late for work, fellow team members must fill-in and assume extra duties in order to assure continued efficient guest service. In fairness to fellow workers, you are expected to come in to work regularly and on time.

Punctuality – You must be ready to work and on the floor at your scheduled time. We expect all team members to be punctual. If you are unavoidably detained, please give us a 60-minute advance notice so that we can hold someone in your place until you arrive.

Excessive absenteeism, tardiness, or failure to notify the Company regarding an absence is subject to disciplinary action which may include dismissal.

Fitness for Duty Team members are responsible to report to work in a fit condition to work. The determination of fitness for work is a judgment of management. An individual who is unfit for work may be sent home without pay or be subject to corrective action deemed appropriate by management. In the event a team member incurs a medical condition which may affect the team member’s ability to work safely or which may adversely affect other team members, the team member has a responsibility to report the condition to management and to seek appropriate medical care. In such cases, the Company may elect to schedule the individual for medical exams, tests, make reasonable accommodations for the condition, or arrange a medical leave of absence as appropriate.

Work Schedule You’re expected to be on time and ready for work at the time you’re scheduled. You’ll need to be in complete uniform to start work. Do not punch in before you’re scheduled time unless you have been requested to do so by a manager. Punching In and Out It is a violation of our policy for anyone to ask, instruct, coerce or permit you to work any time for which you are not paid. If you believe that you have not been properly paid for all time worked, notify your General Manager immediately or contact the Director of Operations or the Human Resources Representative. Team members who falsify and/or tamper with any time record or device may be terminated. Scheduled quitting times are subject to your being relieved of duty by your replacement. Before punching out, check with the manager. There will be occasions when your replacement has not arrived or extra duties need to be performed even though your scheduled hours have ended. You may be asked to stay.



Shift Changes If you are scheduled for a shift and have a valid reason to want that shift off, it is up to you to find someone to cover your hours. When you find someone, you must fill out a shift change card which states who is working for you, the hours, the day of the week, and the date of the switch. It is then to be signed by you, by the person working for you, and by a manager. A shift change is not valid until a manager has signed it. It is then filed and maintained by your manager. If you have followed the prescribed steps to relieve yourself of that shift, you are no longer responsible for that shift on that particular day. Availability Our business hours include early mornings, late evenings, weekends and holidays. Team members are needed for all these hours so that we may provide excellent service to our guests. Your work availability must be discussed with the manager and defined in writing prior to the start of your employment. Any change in these hours must be promptly communicated in writing and discussed with the General Manager. If your hours change significantly, it may jeopardize the conditions under which you were hired. Our restaurants are closed on Thanksgiving and Christmas, these are not paid holidays. Sick Calls. If you need to call in sick, call as early as possible. We need as much time as possible to seek a replacement for you. Please call at least four hours in advance if possible. Speak only to the manager on duty. You are responsible to find a replacement to swap shifts to cover your absence. In the event of frequent or extended periods of absence for medical reasons, you may be requested to provide a medical certificate. You should always be the person to make the call, unless an extreme circumstance occurs. Late Shift Arrival If you know you are going to be late for your shift, you must call the cafe and speak with the manager on duty. If you are late once, you will receive a written warning. If you are late a second time, discipline will include a written warning at minimum, and a possible one-shift suspension. If you are late a third time within one year of your first offense, discipline will include a written warning at minimum, and further discipline to include suspension or termination. No Call / No Show If you know you are unable to work your shift, you must call the cafe and speak with the manager on duty. If you don’t call and don’t show up for work, we may view this as a voluntary resignation on your part. Don’t place your job in jeopardy: call the cafe and speak to the manager on duty. In an emergency situation, if you are unable to personally call the cafe, have someone call for you. Then, personally place a follow up phone call to the manager on duty as soon as possible. Pay Deduction for Absence Deductions from pay occur as a result of absence from work. The Company provides a paid absence benefit for certain types of absences such as vacation or funeral service. If the paid absence is not applicable, the absences are without pay.



Also, recent revisions to wage-hour law now permit deduction from pay for salaried workers in the event of the following circumstances:

Absence from work for one or more full days for personal reasons other than sickness or disability.

Deduction for suspension without pay for violating a safety rule of workplace significance.

Proportionate rate for time actually worked in the first and last week of employment.

Cafe Logistics Each of our cafes is unique and has special procedures in place for the following issues. Your manager will review these with you when you start employment. Cafe logistics are subject to change, and the manager will notify you and/or post on the bulletin board if changes are made. Parking Your manager will instruct you where to park a vehicle or lock up a bicycle. Colonial assumes no responsibility for damage or theft while on company property. Personal Property We recommend you refrain from bringing any valuables or large sums of money onto cafe premises. Colonial assumes no responsibility for loss, theft or damage to a team member’s personal property. Off-Duty Visits If you visit the cafe while you are off duty, you will be regarded as a guest. You must remain in the “guest” areas of the cafe. Please refrain from conversations with co-workers who are serving guests. Off-duty team members are not allowed in the cafe during non-business hours. You may not drink alcoholic beverages if you are visiting your home cafe as a guest. Friends and Relatives Friends and relatives are always welcome at Colonial. However, make sure your guests are your first priority. Remember, you are working to WOW! all guests. Your family and friends will understand that your job takes priority.

Dating and Fraternization The Company recognizes that social dating and romantic relationships may occur between team members. However, any social dating or romantic relationships between a team member and a person in a supervisory or higher level position is unacceptable. Such conduct is considered unprofessional and inappropriate, and is strictly prohibited. If a dating relationship is forming, both team members should speak with their General Manager. The General Manager and Director of Operations will discuss options such as possible transfer of one team member to another Colonial Cafe location. Any social dating or romantic relationships that results in job performance problems, disruptive conduct, adversely affecting business operations, or reflecting poorly on the company will result in corrective action. Any sexually oriented conduct in the workplace is strictly prohibited. Any conduct that has the effect of creating a hostile or intimidating work environment is considered harassment or sexual



harassment and is prohibited. Please refer to Colonial’s respectful workplace policies in this handbook for further explanation.

Employment of Relatives All employment decisions are based on job-related criteria and objective evaluation of job candidates based on their skills and abilities. Team members may refer friends and relatives for consideration for employment. To avoid potential conflicts of interest, Colonial tries to avoid the placement of immediate family members in a team member/supervisor relationship. In the event that a conflict arises, the needs of the business will determine the team member to be reassigned to another shift or unit if an opening is available.

Outside Activities You’ll need to make sure that your activities when away from Colonial do not prevent you from performing your duties in a satisfactory manner at the cafe. An example is the use of alcohol before your shift or arriving to work in a hung-over state.

Non-Compete The Company prohibits team members from maintaining employment with a direct competitor while employed at Colonial. A competitor is any company, which provides services similar to ours. If you are working or considering working for a company that may be considered a competitor, you must contact the General Manager. Any scheduling conflicts due to outside employment may result in a loss of hours. All salaried team members – administrative and management – will be required to sign a non-compete agreement prior to employment.

Wireless Phones, Pagers and Other Hand-held Electronic Equipment Except for certain business use of cell phones or electronic communications devices by management, wireless phones, pagers, PDAs, CD players, MP3 players, walkie-talkies, cameras, video and voice recorders, and other electronic devices are not permitted on your shift. They may not be carried, worn, displayed or used on Company property while on duty.

Telephone Usage The telephone is to be used for business purposes only. You should not receive calls unless it is an emergency. If you need to make a call, check with the manager on duty before doing so. Be sure to secure the cafe telephone number and write it here for reference.

In most cafes, the telephone is located in the dining room and is to be used for Colonial business only. Our business telephone is reserved for schedule problems, business related activity, and emergencies. All telephone calls of a business nature shall be directed to the manager. All telephone calls of a personal nature will be brief or a message may be taken for you to call the person back at the end your shift.



Be pleasant whenever you answer the telephone. Say, “Good morning (afternoon, evening). Thank you for calling (store location) Colonial Cafe. How may I help you?”

Visitors and Vendors

Visitors and vendors should be asked to show their identification and to state their business. They could be allowed in our cafes only with permission from your manager. This applies to former team members as well as to strangers and government inspectors. It is the responsibility of each person in charge to refer unauthorized visitors and vendors to the main office. Those visitors and vendors who are authorized to be on our premises must not be allowed to wander about unescorted.

Business Gifts Colonial prohibits team members from accepting gifts from individuals and/or firms with which we do business or may do business. We believe that acceptance of such gifts can place us in compromising positions which are not in the best interests of Colonial and its team members.

E-mail & Internet Designated computers at the corporate office and at each location have email features and Internet access. Only designated team members are permitted access to these communication systems. All electronic communication systems and all information transmitted by, received from, or stored in these systems are the property of Colonial Ice Cream, Inc. These systems are to be used for job-related purposes. Incidental and occasional personal use of electronic communication is permitted within the Company, but such messages will be treated the same as any other messages. Staff members who use these systems should have no expectation of privacy in connection with the use of this equipment or the transmission, receipt or storage of information. Internet access is limited to designated team members for business purposes only. It is to be used on an “as needed” basis only. Team members must be prepared to demonstrate results achieved during time spent on-line. The Company prohibits the use of any company equipment or systems to send offensive or improper messages such as racial or sexual slurs. Likewise, no company equipment or systems may be used to improperly impart confidential company information. No Company owned electronic communication information may ever be disclosed to unauthorized persons or used for any form of solicitation for personal commercial gain or for any club, society, religious organization, political party, labor union or similar association. Any personal electronic communication devices brought onto company premises or used in connection with employment are subject to this policy. A team member may not connect personal electronic devices to company systems, wired or wireless, unless expressly authorized by management. This includes electricity to charge devices. The company monitors electronic communications including Internet use, computer files, e-mail, voice mail and faxes, and may access and disclose the contents of these team member electronic communications. The Company further reserves the right to disclose any electronic communications or mail message to law enforcement officials.



Individuals engaged in personal or non-work activities while on company time are not properly performing duties and such conduct is grounds for discipline or discharge. Team members are advised that any posting or display of messages, graphics, photos, blog, social media, or any electronic or other communication which adversely reflects on the company, its team members, products, guests, vendors, or community, is prohibited and such conduct will be subject to corrective action which may include discharge or other legal action. Any unauthorized penetrations or release of data or files, or knowing sabotage of data, or other forms of hacking is grounds for discharge and will be subject to criminal prosecution. Likewise, no company equipment or systems may be used to improperly impart confidential company information, or to convey messages or images, which disparage the Company or team members or customers. The Company understands and respects that team members have the right to voice their dissatisfaction with the Company or its management; however, the Company strongly encourages team members to discuss any such dissatisfaction with management at any time in the hope of addressing and resolving such concerns quickly and directly.



Safety First

Food Safety and Sanitation The Company is committed to selling safe, high quality food, ice cream and beverages. To do this, team members must follow all food safety and sanitation procedures. Please check with your General Manager for training and specific safety and sanitation requirements.

General Safety Rules In order to maintain a safe workplace, the Company requires all team members to be mentally and physically able to perform the essential functions of their jobs. Disregard of Company safety rules or working in a manner that could cause injury to other team members may result in disciplinary action, which could include termination. Team members are expected to adhere to the following safety rules at all times:

Do not operate any equipment for which you have not been trained, authorized to use or which does not have all safety guards in place.

Wear slip-resistant shoes at all times. Always wear a cutting glove when dicing, chopping, or using the slicer. Do not remove any safety devices or alter equipment in any manner. Wipe spills immediately and warn guests and other team members of wet, slippery floor

conditions. Lift heavy objects properly using legs and keeping back straight. Always use proper tools and utensils. Horseplay is strictly prohibited. Exercise care around hot surfaces and heat producing equipment. Take care to prevent water or ice from contacting hot fryers.

Closing and Opening the Cafe No person other than scheduled team members are permitted in the cafe before opening or after closing. Team members and management must leave the cafe within three (3) hours after closing. When you punch out after your shift you are expected to leave the premises. If you’re waiting for a ride, you are to wait in the appropriate areas identified by the manager. Sit at the designated area quietly and try not to disturb other team members or guests. Parents and friends must wait outside after closing or before opening.

Team member Safety We expect all our team members to be safety-conscious and to assist us in finding conditions, which might cause accidents. Report any unsafe conditions, including those that may be very slight, to your manager on duty or the General Manager. If you are injured on the job, report it to your manager or person in charge immediately. Report any injury regardless of how insignificant or serious it appears to be. If medical attention is required, it will be provided. As defined in our drug-free workplace policy, a drug test may be conducted in the course of an accident investigation and/or in the rendering of medical treatment resulting from a workplace accident.



Most injuries on the job are caused by carelessness, and you can avoid being injured by forming safe work habits. Safe work habits are the best form of insurance. If you have suggestions for improving procedures in your work area, discuss them with your manager.

Guest Safety

If a guest is injured either inside the cafe or outside on our property, notify the manager or person in charge immediately. Even if the guest does not complain about the injury, notify your manager. You can help most by being observant. Look for witnesses to any incident that takes place and note the time and date and any circumstances so you can report it to your manager. Let your manager on duty or the General Manager decide what services to offer a guest who is injured or ill. Remember, always report guest injuries or illness to a manager immediately.

Protection from Infection Due to the nature of our work involving public contact, handling of food products and handling of sharp utensils, Colonial has developed certain guidelines for team members for protection from infection. Federal government safety regulations require employers to define workplace procedures for blood-borne pathogens and needle-stick prevention where a team member may experience an occupational exposure to an infectious disease or condition. The purpose of these guidelines is to help protect team members from exposure to disease-causing micro-organisms carried in the blood or in other bodily fluids. Your compliance with these guidelines will help prevent the likelihood of exposure to conditions such as human immunodeficiency virus (HIV, the virus that causes AIDS), or to Hepatitis B virus (HBV).

Common examples of exposure may occur from contact with the blood or other bodily fluids or secretions or excretions except sweat from an infected individual. Viruses can be transmitted through needle-stick injuries, direct contact with broken or chaffed skin and infected bodily fluids, contact with caked or dried blood, shared drug needles or sexual contact. However, HIV or HBV virus is not transmitted through coughing or sneezing, by touching an infected person, or by using plumbing equipment such as drinking fountains, toilets, showers, etc.

In the event that you encounter a situation such as a clean-up following an accident, take care to use protective gloves and avoid direct contact with contaminated material. If you believe that you may have been in contact with a blood-borne pathogen, notify your supervisor. Also, if you are stuck by a needle or other sharp object or get blood or other potentially infectious materials in your eyes, nose, mouth, or on broken skin, you should immediately flood the exposed areas with water and clean any wound with soap and water or a skin disinfectant if available. Then report the situation to your supervisor. Arrangements will be made for immediate medical attention. In the event that you encounter needles or other sharps, take care to avoid cuts or puncture and notify your supervisor. Needles or sharps should be disposed of in labeled, puncture-resistant, leak-proof containers.

Chemical Safety The nature of our business involves the use of or storage of small quantities of various chemical substances and cleaning agents. Each unit location maintains an electronic file of Material Safety Data Sheets or Safety Data Sheets (“MSDS” or “SDS”) on a computer network



accessible by all cafe positions. These sheets provide information on safety precaution spill control, and protective equipment. You may ask to see the Safety Data Sheets any time you have a question about a chemical substance or cleaner. Your manager will provide additional guidelines on chemical safety.

Cash Handling Procedures Colonial has installed a modern computerized cash register system to record daily sales receipts. Designated team members are assigned to cash handling responsibilities and receive training in cash procedures. Our procedures are designed to accurately account for all cash receipts, assure safe handling and storage of cash and to prevent fraud or robbery. Only designated and trained team members are permitted to operate the cash register system and receive guest payments. Audit procedures are performed daily by management to compare cash to receipt totals. Exercise care in counting of cash, making change and handling of credit or debit card receipts. Excessive shortages or overages will result in corrective action up to and including discharge and criminal prosecution.

Armed Robbery In the unlikely event your cafe should experience an armed robbery, please remember the Company policy is to show no resistance. It is unnecessary to risk personal injury to self and others. Simply try to remember as much about the physical appearance of the individual(s), words spoken, and the vehicles involved. Any information you can provide will aid police in their investigation. Do not attempt to stop the robbery or give chase to the robbers.

Team member Weapons Policy The possession of any weapon by a team member of Colonial on any Company property is strictly prohibited. If any weapon is seen or verified by the manager on duty, that team member will be immediately advised of the policy violation, which could result in the team member’s immediate termination. All managers must notify the police in any situation involving a weapon when there is either a direct or implied threat by a team member toward another individual. The definition of a weapon in this policy includes any device that is specifically designed to inflict serious injury upon another person. Examples include: firearm, knife, club, sports bat, bomb, etc.



Payroll and Wages

Wages and Tips Your wages will be equal to or greater than the prevailing area minimum wage rate. In order to remain competitive, wages are reviewed at least annually. If you receive tips, your wage is determined by combining minimum wage, tips, and the tip credit allowed by law. Section 3(m) of the Fair Labor Standards Act (“FLSA”) requires the employer to provide notice that the wage the Company is required to pay a tipped team member is equal to either (1) the cash wage paid such team member which for purposes of such determination shall not be less than the cash wage required to be paid such a team member on August 20, 1996; and (2) an additional amount on account of the tips received by such team member which amount is equal to the difference between the wage specified in section (1) and the federal minimum wage. The additional amount on account of tips may not exceed the value of the tips actually received by a team member. This does not apply with respect to any tipped team member unless such team member has been informed by the Company of the tip credit notice, and all tips received by such employee have been retained by the team member, except that this subsection shall not be construed to prohibit the pooling of tips among team members who customarily and regularly receive tips. All tips received must be retained by the team member, except for tips contributed to a valid tip pooling or tip sharing arrangement limited to team members who customarily and regularly receive tips. The tip credit will not apply to any team member who has not been informed of these requirements. In accordance with the law, each tipped team member is required to declare all tips received during a shift. Tips received are to be recorded on a daily basis. The Company, as an employer, is required to report 100% of its tips earned. Any deficiency will be allocated to those team members whose declarations are below 100% of their tips. Any amount allocated to meet the 100% level will be reported on the team member’s W-2 form. Tipped team members must agree to have tips allocated in accordance with current TEFRA cafe receipts requirements if tips are not reported. Reporting tips is the responsibility of each tipped team member and is allocated on the “hours worked” method. See your General Manager for allocation calculations.

Taxes Federal, state, city and other local taxes deducted from your paycheck are computed by the payroll department at the corporate office. Please be sure to notify your manager of any change in the status of your dependents or any change of address.

Pay Day Your payroll check will be issued every other Friday for the two-week period ending the previous Tuesday. The workweek is Wednesday through Tuesday. The Manager will explain your first check and pay dates. As a company, we have gone paperless in checks. A direct deposit plan is available upon your completion of Colonial’s written direct deposit authorization form or you can sign up for an



EDGE Card that will deposit the funds directly into an account tied to a debit card. Colonial will make arrangements for deposit of your pay into the bank and account of your choice.

As stated in the “Taxes” section, the usual deductions for Social Security and withholding taxes will be made from your gross pay and the declared tip income. Payroll checks can be accessed via the online payroll system. Your General Manager will have login instructions for you, and you can always find instructions on the Team Member Website. Colonial recommends that you update your current information in the online payroll system, including an email address, so that any necessary information can be sent to the correct address.

It is the Company’s policy and practice to accurately compensate Team Members and to do so in compliance with all applicable state and federal laws. To ensure that you are paid properly for all time worked and that no improper deductions are made, you must record correctly all work time and review your paychecks promptly to identify and to report all errors. You also must not engage in off-the-clock or unrecorded work. The Company makes every effort to ensure that Team Members are paid correctly. Occasionally, however, inadvertent mistakes can happen. When mistakes do happen and called to our attention, we promptly will make any correction that is necessary. Please review your online pay stub when it is available to make sure it is correct. If you believe a mistake has occurred or if you have any question, please use the reporting procedure outlined below.

Non-exempt Team Members If you are eligible for overtime pay under applicable law, you must maintain a record of the total hours you work each day. These hours must be recorded by punching in/out on the time clock to ensure that the reported hours worked are complete and accurate (and that there is no unrecorded or “off-the-clock” work). Your time record must accurately reflect all regular and overtime hours worked, any absences, early or late arrivals, early or late departures, and meal breaks. When you receive each pay check, please verify immediately that you were paid correctly for all regular and overtime hours worked each workweek.

Exempt Team Members If you are classified as an exempt salaried Team Member, you will receive a salary which is intended to compensate you for all the hours that you may work for the Company. This salary will be established at the time of hire or when you become classified as an exempt Team Member. While it may be subject to review and modification from time to time, such as during salary review times, the salary will be a predetermined amount that will not be subject to deductions for variations in the quantity or quality of the work you perform. You will receive your full salary for any workweek in which work is performed; however, under federal law, your salary is subject to certain deductions. For example, absent contrary state law requirements dictate that your salary can be reduced for the following reasons in a workweek in which work was performed:

Full day absences for personal reasons, including vacation, sickness, or disability

Family and Medical Leave absences (either full or partial day absences)

Jury duty and military leave

Unpaid disciplinary suspensions of one or more full days for significant infractions of major workplace conduct rules or safety standards set forth in written policies



In Conclusion

What makes Colonial Cafes so successful? You! It’s your teamwork and commitment to WOW! service that assures our guests of 100% satisfaction. You live our mission and goal every day. It’s because of you and your teammates that every guest leaves wanting to come back to Colonial Cafe. Be sure to ask questions, communicate with management and other members of your team, and exceed guest expectations – each and every time. We’re excited to have you working with us. Welcome to Colonial Cafe!



Miscellaneous Notes