EMPLOYEE HANDBOOK
January 2026
TABLE of CONTENTS
2.0 Hiring and Orientation Policies. 5
2.2 EEO Statement and Nonharassment Policy. 5
2.3 Sexual Harassment Prevention. 8
2.4 Accommodations for Pregnancy, Childbirth, and Related Medical Conditions. 16
2.5 Reproductive Health Rights Notice. 17
2.6 Disability Accommodation. 18
2.7 Religious Accommodation. 18
2.8 New Hires and Introductory Periods. 19
2.9 Employment Authorization Verification. 19
2.12 Employment of Relatives and Friends. 20
2.14 Communications Regarding Religious or Political Matters. 20
3.0 Wage and Hour Policies. 21
3.1 Employment Classifications. 21
3.7 Accommodations for Nursing Mothers. 28
3.8 Accommodations for Victims of Domestic Violence. 29
3.9 Wage Disclosure Protection. 30
4.6 Family and Medical Leave (FMLA) 35
4.8 Paid Prenatal Personal Leave. 40
4.10 Workers' Compensation Insurance. 41
4.12 Crime Victim and Witness Leave. 42
4.14 Military Leave (USERRA) 43
4.15 Military Spouse Leave. 43
4.16 Volunteer Emergency Responder Leave. 43
4.18 Blood and Bone Marrow Donation Leave. 44
4.19 Access to Personnel and Medical Records Files. 44
5.0 Performance and Expectations. 44
5.4 Use of Company Technology, Internet, and Mobile Devices. 46
5.5 Third Party Disclosures. 49
5.6 Use of Employer Vehicles. 49
5.7 Nonsolicitation/Nondistribution Policy. 51
5.9 Confidentiality and Nondisclosure of Trade Secrets. 51
5.11 Open Door/Conflict Resolution Process. 52
5.13 Criminal Activity/Arrests. 54
5.16 Unemployment Compensation Insurance. 55
6.2 Business Closure and Emergencies. 57
6.4 Workplace Privacy and Right to Inspect 57
6.5 Drug and Alcohol Policy. 58
6.6 Workplace Tobacco Usage. 58
6.8 Airborne Infectious Disease Exposure Prevention Plan. 59
Acknowledgment of Receipt and Review.. 61
1.0 Introduction
1.1 Welcome!
It is our privilege to welcome you to Paula’s Donuts. We wish you every success in your new job, and we hope that you quickly feel at home. This handbook was developed to describe some of the expectations that we have for all our employees and what you can expect from us. We hope that your experience here will be challenging, enjoyable, and rewarding.
This handbook will communicate terms and conditions of employment that apply to each of us as we carry out our responsibilities at Paula’s Donuts. The policies, benefits and services described in the handbook reflect a concern not only for the well-being of all employees of our growing Company, but also for their personal growth and professional development.
1.2 About the Company
Established in 1996, we are a family owned and operated business. Our hand cut donuts are baked daily on the premises the old-fashioned way. Voted #1 Donuts by Buffalo Spree, we have more than 30 varieties of donuts and offer other baked goods, breakfast sandwiches and beverages.
We believe that excellence is only achieved when not cutting corners. By using only, the finest ingredients, we go the extra mile to bring you the very best in donut deliciousness. Every Paula’s Donut has a very special ingredient, something you won’t find in any other donut. That ingredient is love – we make all our hand cut donuts with love!
1.3 Our Organization
Leadership Contact Information
Company Name
Contact Information
Paula’s Donuts-Sheridan Dr; Tonawanda
Paula’s Donuts-Main St; Clarence
Paula’s Donuts-Union Rd; W Seneca
Paula’s Donuts-Smith St; Buffalo
Megan Wessler; 716-862-4246
Kennedy Anderson & Taya Kondrasky; 716-580-3614
Catherine Donohoe, Taya Kondrasky & Nicole Wholfiel; 716-771-1740
Melissa Kuhn, Kennedy Anderson & Taya Kondrasky; 716-608-3673
Parking
Paula’s Donuts provides on premises parking as a convenience to employees. Employees are expected to operate vehicles safely and in accordance with local and state laws. Paula’s Donuts assumes no responsibility for vehicle damage or loss of contents while using the parking area.
1.4 Revisions to Handbook
This handbook is our attempt to keep you informed of the terms and conditions of your employment, including Paula's Donuts policies and procedures. The handbook is not a contract. The Company reserves the right to revise, add, or delete from this handbook as we determine to be in our best interest, except the policy concerning at-will employment. When changes are made to the policies and guidelines in this handbook, we will communicate them promptly, either in a written supplement to the handbook or by posting (on company bulletin boards or websites).
2.0 Hiring and Orientation Policies
2.1 At-Will Employment
Your employment with Paula's Donuts is on an "at-will" basis. This means your employment may be terminated at any time, with or without notice and with or without cause. Likewise, we respect your right to leave the Company at any time, with or without notice and with or without cause.
Nothing in this handbook or any other Company document should be understood as creating a contract, guaranteed or continued employment, a right to termination only "for cause," or any other guarantee of continued benefits or employment. Only the Owner has the authority to make promises or negotiate with regard to guaranteed or continued employment, and any such promises are only effective if placed in writing and signed by the Owner.
If a written contract between you and the Company is inconsistent with this handbook, the written contract is controlling.
Nothing in this handbook will be interpreted, applied, or enforced to interfere with, restrain, or coerce employees in the exercise of their rights under Section 7 of the National Labor Relations Act.
2.2 EEO Statement and Nonharassment Policy
Equal Employment Opportunity Policy
Paula's Donuts is committed to complying with all federal, state, and local equal employment laws. To that end, the Company is dedicated to maintaining a work environment that is free from harassment and discrimination based on the following protected classes: age, race (including traits historically associated with race, which include, but are not limited to, hair texture and protective hairstyles such as braids, locks, and twists), ethnicity, color, national origin (including ancestry), religion, creed, gender or sex, sexual orientation (including transgender status, gender identity or expression), pregnancy (including childbirth, lactation, and related medical conditions), pregnancy outcomes, reproductive healthcare and autonomy (including, but not limited to, the decision to use or access a particular drug, device, or medical service), disability, marital status, domestic violence victim status, familial status, military status, citizenship or immigration status, genetic information (including genetic characteristics), or any other protected status under federal, state, or local laws. The Company is dedicated to the fulfillment of this policy with respect to all aspects of employment, including, but not limited to, recruiting, hiring, placement, transfer, training, promotion, compensation, termination, and all other terms, conditions, and privileges of employment.
The Company will conduct a prompt and thorough investigation of all allegations of discrimination, harassment, or retaliation, or any violation of the Equal Employment Opportunity Policy in a confidential manner. The Company will take appropriate corrective action, if and where warranted. The Company prohibits retaliation against employees who provide information about, complain about, or assist in the investigation of any complaint of discrimination or violation of the Equal Employment Opportunity Policy.
We are all responsible for upholding this policy. You may discuss questions regarding equal employment opportunity with your managers or any other designated member of management.
Policy Against Workplace Harassment
Paula's Donuts has a strict policy against all types of workplace harassment, including sexual harassment and other forms of workplace harassment, based upon an individual's membership in a protected class. All forms of harassment of, or by, employees, vendors, visitors, customers, and clients are strictly prohibited and will not be tolerated.
Sexual Harassment
The Company is committed to maintaining a workplace free from sexual harassment, which is unlawful and subjects the Company to liability. The Company prohibits any form of sexual harassment, and all employees are required to work in a manner that prevents sexual harassment.
For additional information on sexual harassment, including how to file a claim, see the Sexual Harassment Policy.
Other Harassment
Other workplace harassment is verbal or physical conduct that insults or shows hostility or aversion toward an individual because of the individual's membership in a protected class.
Again, while it is not possible to list all the circumstances that may constitute other forms of workplace harassment, the following are some examples of conduct that may constitute workplace harassment:
The use of disparaging or abusive words or phrases, slurs, negative stereotyping, or threatening, intimidating, or hostile acts that relate to the above-protected categories;
Written or graphic material that insults, stereotypes, or shows aversion or hostility toward an individual or group because of one of the above-protected categories and that is placed on walls, bulletin boards, or elsewhere on our premises, in emails or voicemails, or otherwise circulated in the workplace; and
A display of symbols, slogans, or items that are associated with hate or intolerance toward any select group.
Reporting Discrimination and Harassment
If you feel that you have witnessed or have been subjected to any form of discrimination or harassment, immediately notify Human Resources or any member of management.
The Company prohibits retaliation against employees who provide information about, complain about, or assist in the investigation of any complaint of harassment or discrimination.
The Company will promptly and thoroughly investigate any claim and take appropriate action where we find a claim has merit. To the extent possible, the Company will retain the confidentiality of those who report suspected or alleged violations of the harassment policy.
Discipline for violation of this policy may include, but is not limited to, reprimand, suspension, demotion, transfer, and discharge. If the Company determines that harassment or discrimination occurred, corrective action will be taken to effectively end the harassment. As necessary, the Company may monitor any incident of harassment or discrimination to assure the inappropriate behavior has stopped.
Alternative Reporting and Remedies
The Company encourages employees to report incidents of discrimination and harassment internally. However, employees who believe they have been subjected to discrimination or harassment in the workplace may file a private civil action or seek relief by either:
Filing a complaint alleging violation of the New York State Human Rights law with the Division of Human Rights, or in the New York State Supreme Court; or
Filing a charge of discrimination with the Equal Employment Opportunity Commission (EEOC) for violation of federal antidiscrimination laws, including Title VII of the Civil Rights Act of 1964 (Title VII).
To file a complaint, contact the appropriate agency below.
Contact Information
New York Division of Human Rights
One Fordham Plaza, Fourth Floor
Bronx, New York, NY 10458
718-741-8400
1-800-HARASS-3 (1-800-427-2773): Toll-free, confidential hotline for complaints of workplace sexual harassment
www.dhr.ny.gov
Equal Employment Opportunity Commission (EEOC)
33 Whitehall St, 5th Floor
New York, NY 10004
800-669-4000
TTY: 800-669-6820
info@eeoc.gov
www.eeoc.gov
Local jurisdictions may have additional protections against discrimination and harassment. For example, workers in New York City may file complaints of discrimination or harassment with the New York City Commission on Human Rights at:
Law Enforcement Bureau
Commission on Human Rights
40 Rector Street, 10th Floor
New York, NY 10006
212-306-7450
www.nyc.gov/html/cchr/html/home/home.shtml
If the discrimination or harassment involves criminal activity, contact local police.
In any civil action alleging a violation of the laws prohibiting sexual harassment and discrimination, a court may order or award:
Damages, including, but not limited to, back pay, benefits, and reasonable attorneys' fees and costs;
Injunctive relief;
Reinstatement; and/or
Liquidated damages equal to 100% of the award for damages.
Any act of retaliation against New York employees for exercising any rights granted under this policy may subject the Company to separate civil penalties. For the purposes of this policy, retaliation or retaliatory personnel action means discharging, suspending, demoting, or otherwise penalizing employees for:
Making or threatening to make a complaint to the Company, a coworker, or to a public body, that rights guaranteed under this policy have been violated;
Causing to be instituted any proceeding under or related to this policy; or
Providing information to or testifying before any public body conducting an investigation, hearing, or inquiry into any such violation of a law, rule, or regulation by the Company.
2.3 Sexual Harassment Prevention
Purpose and Goals
Paula's Donuts is committed to maintaining a workplace free from harassment and discrimination. Sexual harassment is a form of workplace discrimination that subjects an employee to inferior conditions of employment due to their gender, gender identity, gender expression (perceived or actual), and/or sexual orientation. Sexual harassment is often viewed simply as a form of gender-based discrimination, but the Company recognizes that discrimination can be related to or affected by other identities beyond gender (see NY EEO Statement and Nonharassment Policy). Our different identities impact our understanding of the world and how others perceive us. For example, an individual's race, ability, or immigration status may impact their experience with gender discrimination in the workplace. While this policy is focused on sexual harassment and gender discrimination, the methods for reporting and investigating discrimination based on other protected identities are the same. The purpose of this policy is to teach employees to recognize discrimination, including discrimination due to an individual's intersecting identities, and provide the tools to take action when it occurs. All employees, managers, and supervisors are required to work in a manner designed to prevent sexual harassment and discrimination in the workplace. This policy is one component of the Company's commitment to a discrimination-free work environment.
Goals of this Policy
Sexual harassment and discrimination are against the law. After reading this policy, employees will understand their right to a workplace free from harassment. Employees will also learn what harassment and discrimination look like, what actions they can take to prevent and report harassment, and how they are protected from retaliation after taking action. The policy will also explain the investigation process into any claims of harassment. Employees are encouraged to report sexual harassment or discrimination by filing a complaint internally with the Company, with a government agency, or in court under federal, state, or local antidiscrimination laws. To file a complaint internally, use the complaint form attached to the end of this handbook and submit it to Human Resources. To file an employment complaint with the New York State Division of Human Rights, visit https://dhr.ny.gov/complaint. To file a complaint with the United States Equal Employment Opportunity Commission, visit https://www.eeoc.gov/filing-charge-discrimination.
Sexual Harassment and Discrimination Prevention Policy
1. Paula's Donuts 's policy applies to all employees, applicants for employment, and interns, whether paid or unpaid. The policy also applies to additional covered individuals. It applies to anyone who is (or is employed by) a contractor, subcontractor, vendor, consultant, or anyone providing services in our workplace. These individuals include persons commonly referred to as independent contractors, gig workers, and temporary workers. Also included are persons providing equipment repair, cleaning services, or any other services through a contract with the Company. For the remainder of this policy, we will use the term "covered individual" to refer to these individuals who are not direct employees of the Company.
2. Sexual harassment is unacceptable. Any employee or covered individual who engages in sexual harassment, discrimination, or retaliation will be subject to action, including appropriate discipline for employees. In New York, harassment does not need to be severe or pervasive to be illegal. Employees and covered individuals should not feel discouraged from reporting harassment because they do not believe it is bad enough, or conversely because they do not want to see a colleague fired over less severe behavior. Just as harassment can happen in different degrees, potential discipline for engaging in sexual harassment will depend on the degree of harassment and might include education and counseling. It may lead to suspension or termination when appropriate.
3. Retaliation is prohibited. Any employee or covered individual that reports an incident of sexual harassment or discrimination, provides information, or otherwise assists in any investigation of a sexual harassment or discrimination complaint is protected from retaliation. No one should fear reporting sexual harassment if they believe it has occurred. So long as a person reasonably believes that they have witnessed or experienced such behavior, they are protected from retaliation. Any employee of the Company who retaliates against anyone involved in a sexual harassment or discrimination investigation will face disciplinary action, up to and including termination. All employees and covered individuals working in the workplace who believe they have been subject to such retaliation should inform their managers or Human Resources. All employees and covered individuals who believe they have been a target of such retaliation may also seek relief from government agencies, as explained in the Legal Protections section below.
4. Discrimination of any kind, including sexual harassment, is a violation of our policies, is unlawful, and may subject the Company to liability for the harm experienced by targets of discrimination. Harassers may also be individually subject to liability, and employers or supervisors who fail to report or act on harassment may be liable for aiding and abetting such behavior. Employees at every level who engage in harassment or discrimination, including managers and supervisors who engage in harassment or discrimination or who allow such behavior to continue, will be penalized for such misconduct.
5. The Company will conduct a prompt and thorough investigation that is fair to all parties. An investigation will happen whenever management receives a complaint about discrimination or sexual harassment, or when management otherwise knows of possible discrimination or sexual harassment occurring. The Company will keep the investigation confidential to the extent possible. If an investigation ends with the finding that discrimination or sexual harassment occurred, the Company will act as required. In addition to any required discipline, the Company will also take steps to ensure a safe work environment for the employee(s) who experienced the discrimination or harassment. All employees, including managers and supervisors, are required to cooperate with any internal investigation of discrimination or sexual harassment.
6. All employees and covered individuals are encouraged to report any harassment or behaviors that violate this policy. All employees will have access to a complaint form to report harassment and file complaints. Use of this form is not required. For anyone who would rather make a complaint verbally, or by email, these complaints will be treated with equal priority. Employees who prefer not to report harassment to their managers or the Company may instead report harassment to the New York State Division of Human Rights and/or the United States Equal Employment Opportunity Commission. Complaints may be made to both the employer and a government agency. Managers and supervisors are required to report any complaint that they receive, or any harassment that they observe or become aware of, to Human Resources.
7. This policy applies to all employees and covered individuals, such as contractors, subcontractors, vendors, consultants, or anyone providing services in the workplace, and all must follow and uphold this policy. This policy must be provided to all employees in person or digitally through email upon hiring and will be posted prominently in all work locations. For those offices operating remotely, in addition to sending the policy through email, it will also be available on the Company's shared network.
What Is Sexual Harassment?
Sexual harassment is a form of gender-based discrimination that is unlawful under federal, state, and (where applicable) local law. Sexual harassment includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity, and the status of being transgender. Sexual harassment is not limited to sexual contact, touching, or expressions of a sexually suggestive nature. Sexual harassment includes all forms of gender discrimination, including gender role stereotyping and treating employees differently because of their gender.
Understanding gender diversity is essential to recognizing sexual harassment because discrimination based on sex stereotypes, gender expression, and perceived identity are all forms of sexual harassment. The gender spectrum is nuanced, but the three most common ways people identify are cisgender, transgender, and non-binary. A cisgender person is someone whose gender aligns with the sex they were assigned at birth. Generally, this gender will align with the binary of male or female. A transgender person is someone whose gender is different than the sex they were assigned at birth. A non-binary person does not identify exclusively as a man or a woman. They might identify as both, somewhere in between, or completely outside the gender binary. Some may identify as transgender, but not all do. Respecting an individual's gender identity is a necessary first step in establishing a safe workplace.
Sexual harassment is unlawful when it subjects an individual to inferior terms, conditions, or privileges of employment. Harassment does not need to be severe or pervasive to be illegal. It can be any harassing behavior that rises above petty slights or trivial inconveniences. Every instance of harassment is unique to those experiencing it, and there is no single boundary between petty slights and harassing behavior. However, the Human Rights Law specifies that whether harassing conduct is considered petty or trivial is to be viewed from the standpoint of a reasonable victim of discrimination with the same protected characteristics. Generally, any behavior in which an employee or covered individual is treated worse because of their gender (perceived or actual), sexual orientation, or gender expression is considered a violation of the Company's policy. The intent of the behavior, for example, making a joke, does not neutralize a harassment claim. Not intending to harass is not a defense. The impact of the behavior on a person is what counts. Sexual harassment includes any unwelcome conduct that is either directed at an individual because of that individual's gender identity or expression (perceived or actual), or is of a sexual nature when:
The purpose or effect of this behavior unreasonably interferes with an individual's work performance or creates an intimidating, hostile, or offensive work environment. The impacted person does not need to be the intended target of the sexual harassment;
Employment depends implicitly or explicitly on accepting such unwelcome behavior; or
Decisions regarding an individual's employment are based on an individual's acceptance or rejection of such behavior. Such decisions can include what shifts and how many hours an employee might work, project assignments, as well as salary and promotion decisions.
There are two main types of sexual harassment:
Behaviors that contribute to a hostile work environment include, but are not limited to, words, signs, jokes, pranks, intimidation, or physical violence that are of a sexual nature or that are directed at an individual because of that individual's sex, gender identity, or gender expression. Sexual harassment also consists of any unwanted verbal or physical advances, sexually explicit derogatory, or discriminatory statements that an employee finds offensive or objectionable, causes an employee discomfort or humiliation, or interferes with their job performance.
Sexual harassment also occurs when a person in authority tries to trade job benefits for sexual favors. This can include hiring, promotion, continued employment, or any other terms, conditions, or privileges of employment. This is also called quid pro quo harassment.
Any employee or covered individual who feels harassed is encouraged to report the behavior so that any violation of this policy can be corrected promptly. Any harassing conduct, even a single incident, can be discrimination and is covered by this policy.
Examples of Sexual Harassment
The following describes some of the types of acts that may be unlawful sexual harassment and that are strictly prohibited. This list is just a sample of behaviors and should not be considered exhaustive. Any employee who believes they have experienced sexual harassment, even if it does not appear on this list, should feel encouraged to report it.
Physical acts of a sexual nature, such as:
Touching, pinching, patting, kissing, hugging, grabbing, or brushing against or poking another employee's body; or
Rape, sexual battery, molestation, or attempts to commit these assaults, which may be considered criminal conduct outside the scope of this policy (contact local law enforcement if you wish to pursue criminal charges).
Unwanted sexual comments, advances, or propositions, such as:
Requests for sexual favors accompanied by implied or overt threats concerning the target's job performance evaluation, a promotion, or other job benefits (can include sexual advances/pressure placed on a service industry employee by customers or clients, especially those industries where hospitality and tips are essential to the customer/employee relationship);
Subtle or obvious pressure for unwelcome sexual activities; or
Repeated requests for dates or romantic gestures, including gift-giving.
Sexually oriented gestures, noises, remarks, or jokes, or questions and comments about a person's sexuality, sexual experience, or romantic history that create a hostile work environment. This is not limited to interactions in person. Remarks made over virtual platforms and in messaging apps when employees are working remotely can create a similarly hostile work environment.
Sex stereotyping, which occurs when someone's conduct or personality traits are judged based on other people's ideas or perceptions about how individuals of a particular sex should act or look:
Remarks regarding an employee's gender expression, such as wearing a garment typically associated with a different gender identity; or
Asking employees to take on traditionally gendered roles, such as asking a woman to serve meeting refreshments when it is not part of, or appropriate to, her job duties.
Sexual or discriminatory displays or publications anywhere in the workplace, such as displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials, or other materials that are sexually demeaning or pornographic. This includes such sexual displays on workplace computers or cell phones and sharing such displays while in the workplace. This also extends to the virtual or remote workspace and can include having such materials visible in the background of one's home during a virtual meeting.
Hostile actions taken against an individual because of that individual's sex, sexual orientation, gender identity, or gender expression, such as:
Interfering with, destroying, or damaging a person's workstation, tools, or equipment, or otherwise interfering with the individual's ability to perform the job;
Sabotaging an individual's work;
Bullying, yelling, or name-calling;
Intentional misuse of an individual's preferred pronouns; or
Creating different expectations for individuals based on their perceived identities, such as dress codes that place more emphasis on women's attire, or leaving parents/caregivers out of meetings.
Who Can Be a Target of Sexual Harassment?
Sexual harassment can occur between any individuals, regardless of their sex or gender. Harassment does not have to be between members of the opposite sex or gender. New York law protects employees and all covered individuals described earlier in the policy. Harassers can be anyone in the workplace. A supervisor, a supervisee, or a coworker can all be harassers. Anyone else in the workplace can also be a harasser, including an independent contractor, contract worker, vendor, client, customer, patient, constituent, or visitor.
Sexual harassment does not happen in a vacuum, and discrimination experienced by an employee can be impacted by biases and identities beyond an individual's gender. For example:
Placing different demands or expectations on Black female employees than white female employees can be both racial and gender discrimination;
An individual's immigration status may lead to perceptions of vulnerability and increased concerns around illegal retaliation for reporting sexual harassment; or
Past experiences as a survivor of domestic or sexual violence may lead an individual to feel retraumatized by someone's behaviors in the workplace.
Individuals bring personal history with them to the workplace that might impact how they interact with certain behavior. It is especially important for all employees to be aware of how words or actions might impact someone with a different experience than their own in the interest of creating a safe and equitable workplace.
Where Can Sexual Harassment Occur?
Unlawful sexual harassment is not limited to the physical workplace itself. It can occur while employees are traveling for business or at employer- or industry-sponsored events or parties. Calls, texts, emails, and social media usage by employees or covered individuals can constitute unlawful workplace harassment, even if they occur away from the workplace premises, on personal devices, or during nonwork hours.
Sexual harassment can occur when employees are working remotely from home as well. Any behaviors outlined above that leave an employee feeling uncomfortable, humiliated, or unable to meet their job requirements constitutes harassment even if the employee is at home when the harassment occurs. Harassment can happen on virtual meeting platforms, in messaging apps, and after working hours between personal cell phones.
Retaliation
Retaliation is unlawful and is any action by an employer or supervisor that punishes an individual upon learning of a harassment claim, that seeks to discourage a worker or covered individual from making a formal complaint or supporting a sexual harassment or discrimination claim, or that punishes those who have come forward. These actions need not be job related or occur in the workplace to constitute unlawful retaliation. For example, threats of physical violence outside of work hours or disparaging someone on social media would be covered as retaliation under this policy.
Examples of retaliation may include, but are not limited to:
Demoting, terminating, denying accommodations, reduced hours, or the assignment of less desirable shifts;
Publicly releasing personnel files;
Refusing to provide a reference or providing an unwarranted negative reference;
Labeling an employee as "difficult" and excluding them from projects to avoid "drama";
Undermining an individual's immigration status; or
Reducing work responsibilities, passing over for a promotion, or moving an individual's desk to a less desirable office location.
Such retaliation is unlawful under federal, state, and (where applicable) local law. The New York State Human Rights Law protects any individual who has engaged in "protected activity." Protected activity occurs when a person has:
Made a complaint of sexual harassment or discrimination, either internally or with any government agency;
Testified or assisted in a proceeding involving sexual harassment or discrimination under the Human Rights Law or any other antidiscrimination law;
Opposed sexual harassment or discrimination by making a verbal or informal complaint to management, or by simply informing a supervisor or manager of suspected harassment;
Reported that another employee has been sexually harassed or discriminated against; or
Encouraged another employee to report harassment.
Even if the alleged harassment does not turn out to rise to the level of a violation of law, the individual is protected from retaliation if the person had a good faith belief that the practices were unlawful. However, the retaliation provision is not intended to protect persons making intentionally false charges of harassment.
Reporting Sexual Harassment
Everyone must work toward preventing sexual harassment, but leadership matters. Supervisors and managers have a special responsibility to make sure employees feel safe at work and that workplaces are free from harassment and discrimination. Any employee or covered individual is encouraged to report harassing or discriminatory behavior to their managers or Human Resources. Anyone who witnesses or becomes aware of potential instances of sexual harassment should report such behavior to their managers or Human Resources].
Reports of sexual harassment may be made verbally or in writing. A written complaint form is attached to this policy for employees to use, but the complaint form is not required. If you are reporting sexual harassment on behalf of someone else, you may use the complaint form and should note that it is on another's behalf. A verbal or otherwise written complaint (such as an email) on behalf of oneself or another is also acceptable. Employees and covered individuals who believe they have been a target of sexual harassment may at any time seek assistance in additional available forums, as explained in the Legal Protections section below.
Supervisory Responsibilities
Supervisors and managers have a responsibility to prevent sexual harassment and discrimination. All supervisors and managers who receive a complaint or information about suspected sexual harassment, observe what may be sexually harassing or discriminatory behavior, or for any reason suspect that sexual harassment or discrimination is occurring, are required to report such suspected sexual harassment to Human Resources. Managers and supervisors should not be passive and wait for an employee to make a claim of harassment. If they observe such behavior, they must act.
Supervisors and managers can be disciplined if they engage in sexually harassing or discriminatory behavior themselves. Supervisors and managers can also be disciplined for failing to report suspected sexual harassment or allowing sexual harassment to continue after they know about it. Supervisors and managers will also be subject to discipline for engaging in any retaliation.
While supervisors and managers have a responsibility to report harassment and discrimination, they must be mindful of the impact that harassment and a subsequent investigation has on victims. Being identified as a possible victim of harassment and questioned about harassment and discrimination can be intimidating, uncomfortable, and re-traumatizing for individuals. Supervisors and managers must accommodate the needs of individuals who have experienced harassment to ensure the workplace is safe, supportive, and free from retaliation for them during and after any investigation.
Bystander Intervention
Any employee witnessing harassment as a bystander is encouraged to report it. A supervisor or manager that is a bystander to harassment is required to report it. There are five standard methods of bystander intervention that can be used when anyone witnesses harassment or discrimination and wants to help.
A bystander can interrupt the harassment by engaging with the individual being harassed and distracting them from the harassing behavior;
A bystander who feels unsafe interrupting on their own can ask a third party to help intervene in the harassment;
A bystander can record or take notes on the harassment incident to benefit a future investigation;
A bystander might check in with the person who has been harassed after the incident, see how they are feeling, and let them know the behavior was not ok; and
If a bystander feels safe, they can confront the harassers and name the behavior as inappropriate. When confronting harassment, physically assaulting an individual is never an appropriate response.
Though not exhaustive, and dependent on the circumstances, these guidelines can serve as a brief guide on how to react when witnessing harassment in the workplace. Any employee witnessing harassment as a bystander is encouraged to report it. A supervisor or manager that is a bystander to harassment is required to report it.
Complaints and Investigations of Sexual Harassment
All complaints or information about sexual harassment will be investigated, whether that information was reported in verbal or written form. An investigation of any complaint, information, or knowledge of suspected sexual harassment will be prompt, thorough, and started and completed as soon as possible. The investigation will be kept confidential to the extent possible. All individuals involved, including those making a harassment claim, witnesses, and alleged harassers, deserve a fair and impartial investigation.
Any employee may be required to cooperate as needed in an investigation of suspected sexual harassment. The Company will take disciplinary action against anyone engaging in retaliation against employees who file complaints, support another's complaint, or participate in harassment investigations.
The Company recognizes that participating in a harassment investigation can be uncomfortable and has the potential to retraumatize an individual. Those receiving claims and leading investigations will handle complaints and questions with sensitivity toward those participating.
While the process may vary from case to case, investigations will be done in accordance with the following steps. Upon receipt of a complaint, Human Resources] will:
Conduct a prompt review of the allegations, assess the appropriate scope of the investigation, and take any interim actions (for example, instructing the individual(s) about whom the complaint was made to refrain from communications with the individual(s) who reported the harassment), as appropriate. If the complaint is verbal, request that the individual completes the complaint form in writing. If the person reporting prefers not to fill out the form, Human Resources will prepare a complaint form or equivalent documentation based on the verbal reporting;
Take steps to obtain, review, and preserve documents sufficient to assess the allegations, including documents, emails, or phone records that may be relevant to the investigation. Human Resources will consider and implement appropriate document request, review, and preservation measures, including for electronic communications;
Seek to interview all parties involved, including any relevant witnesses;
Create a written documentation of the investigation (such as a letter, memo, or email), which contains the following:
A list of all documents reviewed, along with a detailed summary of relevant documents;
A list of names of those interviewed, along with a detailed summary of their statements;
A timeline of events;
A summary of any prior relevant incidents disclosed in the investigation, reported or unreported; and
The basis for the decision and final resolution of the complaint, together with any corrective action(s).
Keep the written documentation and associated documents in a secure and confidential location;
Promptly notify the individual(s) who reported the harassment and the individual(s) about whom the complaint was made that the investigation has been completed and implement any corrective actions identified in the written document; and
Inform the individual(s) who reported of the right to file a complaint or charge externally as outlined in the next section.
Legal Protections and External Remedies
Sexual harassment is not only prohibited by the Company, but it is also prohibited by state, federal, and, where applicable, local law.
The internal process outlined in this policy is one way for employees to report sexual harassment. Employees and covered individuals may also choose to pursue legal remedies with the following governmental entities. While a private attorney is not required to file a complaint with a governmental agency, you may also seek the legal advice of an attorney.
New York State Division of Human Rights
The New York State Human Rights Law, N.Y. Executive Law, art. 15, § 290 et seq., applies to all employers in New York State and protects employees and covered individuals, regardless of immigration status. A complaint alleging violation of the Human Rights Law may be filed either with the New York State Division of Human Rights (DHR) or in the New York State Supreme Court.
Complaints of sexual harassment filed with DHR may be submitted any time within three years of the harassment. If an individual does not file a complaint with DHR, they can bring a lawsuit directly in state court under the Human Rights Law within three years of the alleged sexual harassment. An individual may not file with DHR if they have already filed a Human Rights Law complaint in state court. Complaining internally to the Company does not extend your time to file with DHR or in court. The three years are counted from the date of the most recent incident of harassment. You do not need an attorney to file a complaint with DHR, and there is no cost to file with DHR.
DHR will investigate your complaint and determine whether there is probable cause to believe that sexual harassment occurred. Probable cause cases receive a public hearing before an administrative law judge. If sexual harassment is found at the hearing, DHR has the power to award relief. Relief varies, but it may include requiring your employer to take action to stop the harassment or repair the damage caused by the harassment, including paying monetary damages, punitive damages, attorney's fees, and civil fines.
DHR's main office contact information is: NYS Division of Human Rights, One Fordham Plaza, Fourth Floor, Bronx, New York 10458. You may call (718) 741-8400 or visit www.dhr.ny.gov.
Go to dhr.ny.gov/complaint for more information about filing a complaint with DHR. The website has a digital complaint process that can be completed on your computer or mobile device from start to finish. The website has a complaint form that can be downloaded, filled out, and mailed to DHR, as well as a form that can be submitted online. The website also contains contact information for DHR's regional offices across New York State. Call the DHR sexual harassment hotline at 1-(800)-HARASS3 for more information about filing a sexual harassment complaint. This hotline can also provide you with a referral to a volunteer attorney experienced in sexual harassment matters who can provide you with limited free assistance and counsel over the phone.
The United States Equal Employment Opportunity Commission
The United States Equal Employment Opportunity Commission (EEOC) enforces federal antidiscrimination laws, including Title VII of the 1964 federal Civil Rights Act, 42 U.S.C. § 2000e et seq. An individual can file a complaint with the EEOC anytime within 300 days from the most recent incident of harassment. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint and determine whether there is reasonable cause to believe that discrimination has occurred. If the EEOC determines that the law may have been violated, the EEOC will try to reach a voluntary settlement with the employer. If the EEOC cannot reach a settlement, the EEOC (or the Department of Justice in certain cases) will decide whether to file a lawsuit. The EEOC will issue a Notice of Right to Sue permitting workers to file a lawsuit in federal court if the EEOC closes the charge, is unable to determine if federal employment discrimination laws may have been violated, or believes that unlawful discrimination occurred but does not file a lawsuit.
Individuals may obtain relief in mediation, settlement, or conciliation. In addition, federal courts may award remedies if discrimination is found to have occurred. In general, private employers must have at least 15 employees to come within the jurisdiction of the EEOC.
An employee alleging discrimination at work can file a "Charge of Discrimination." The EEOC has district, area, and field offices where complaints can be filed. Contact the EEOC by calling 1-800-669-4000 (TTY: 1-800-669-6820), visiting their website at www.eeoc.gov, or via email at info@eeoc.gov.
If an individual filed an administrative complaint with the New York State Division of Human Rights, DHR will automatically file the complaint with the EEOC to preserve the right to proceed in federal court.
Local Protections
Many localities enforce laws protecting individuals from sexual harassment and discrimination. An individual should contact the county, city, or town in which they live to find out if such a law exists. For example, employees who work in New York City may file complaints of sexual harassment or discrimination with the New York City Commission on Human Rights. Contact their main office at Law Enforcement Bureau of the NYC Commission on Human Rights, 22 Reade Street, 1st Floor, New York, New York; call 311 or (212) 306-7450; or visit www.nyc.gov/html/cchr/html/home/home.shtml.
Contact the Local Police Department
If the harassment involves unwanted physical touching, coerced physical confinement, or coerced sex acts, the conduct may constitute a crime. Those wishing to pursue criminal charges are encouraged to contact their local police department.
Conclusion
The policy outlined above is aimed at providing Paula's Donuts employees and covered individuals an understanding of their rights to a discrimination- and harassment-free workplace. Everyone should feel safe at work. Though the focus of this policy is on sexual harassment and gender discrimination, the New York State Human Rights law protects against discrimination in several protected classes, including sex, sexual orientation, gender identity or expression, age, race, creed, color, national origin, military status, disability, predisposing genetic characteristics, familial status, marital status, criminal history, or domestic violence survivor status. The prevention policies outlined above should be considered applicable to all protected classes.
2.4 Accommodations for Pregnancy, Childbirth, and Related Medical Conditions
Paula's Donuts provides reasonable accommodations to employees experiencing limitations related to pregnancy, childbirth, or related medical conditions. We are committed to complying with the federal Pregnant Workers Fairness Act (PWFA) and any applicable state or local laws offering additional protections. Examples of reasonable accommodations include:
Additional break time for restroom use, meals, hydration, and rest.
Seating options allowing for sitting or standing as needed.
Schedule changes, part-time work, and paid and unpaid leave.
Flexible work hours to accommodate medical appointments and physical needs.
Telework (remote work).
Closer parking spots to the workplace entrance.
Light duty.
Making existing facilities accessible or modifying the work environment.
Job restructuring.
Temporarily suspending one or more essential functions of the job.
Acquiring or modifying equipment, uniforms, or devices.
Adjusting or modifying examinations or policies.
If you require an accommodation, notify your managers. In instances where the need for a particular accommodation is not obvious, you may be asked to provide:
The reason an accommodation is needed;
A description of the proposed accommodation; and
Information on how the accommodation will effectively address your limitations.
Medical documentation will not be required in the following situations:
When the limitation and need for an accommodation is obvious.
If the Company is already aware of the limitation due to previous disclosure.
If the requested accommodation is to do any of the following, as needed:
Carry or keep water nearby and drink;
Take additional restroom breaks;
Sit, stand, or alternate between sitting and standing; or
Take breaks to eat and drink.
For any lactation accommodations.
When a similar accommodation has been provided to other employees without requiring documentation.
The Company will engage in an interactive process with you to identify suitable accommodations. While we strive to accommodate all requests, certain accommodations may not be provided if they would result in undue hardship to the Company. Factors considered include the nature and cost of the accommodation, the overall financial resources of the facility, and the impact on operations, including safety and efficiency.
If leave is provided as a reasonable accommodation, it may run concurrently with leave under the federal Family and Medical Leave Act (FMLA) and/or any other applicable leave as permitted by law. The Company strictly prohibits retaliation against employees who request or utilize an accommodation under this policy.
2.5 Reproductive Health Rights Notice
Pursuant to New York’s Reproductive Health Bias Law (N.Y. Labor Law § 203-e), Paula's Donuts will not access your personal information regarding your own or your dependent’s reproductive health decision-making—including, but not limited to, the decision to use or access a particular drug, device, or medical service—without your prior informed affirmative written consent.
Furthermore, the Company will not:
· Discriminate or retaliate against you with respect to compensation, terms, conditions, or privileges of employment because of, or on the basis of, your own or your dependent’s reproductive health decision-making; or
Require you to sign a waiver or other document that appears to deny you the right to make your own reproductive healthcare decisions.
If you believe your rights have been violated under this law, you may bring a civil action against the Company. In such civil action, the court may:
· Award damages, including, but not limited to, back pay, benefits, and reasonable attorneys’ fees and costs;
Provide injunctive relief;
Order reinstatement; and/or
Award liquidated damages.
If you have questions related to this notice, consult your managers.
2.6 Disability Accommodation
Paula's Donuts complies with the Americans with Disabilities Act (ADA), the Pregnancy Discrimination Act, and all applicable state and local fair employment practices laws, and is committed to providing equal employment opportunities to qualified individuals with disabilities, including disabilities related to pregnancy, childbirth, and related conditions. Consistent with this commitment, the Company will provide reasonable accommodation to otherwise qualified individuals where appropriate to allow the individual to perform the essential functions of the job, unless doing so would create an undue hardship on the business.
If you require an accommodation because of your disability, it is your responsibility to notify your managers. You may be asked to include relevant information such as:
The reason you need an accommodation.
A description of the proposed accommodation.
How the accommodation will help you perform the essential functions of your job.
After receiving your request, the Company will engage in an interactive dialogue with you to determine the precise limitations of your disability and explore potential reasonable accommodations that could overcome those limitations. Where appropriate, we may need your permission to obtain additional information from your medical provider. All medical information received by the Company in connection with a request for accommodation will be treated as confidential. The Company encourages you to suggest specific reasonable accommodations that you believe would allow you to perform your job. However, the Company is not required to make the specific accommodation requested by you and may provide an alternative accommodation, to the extent any reasonable accommodation can be made without imposing an undue hardship on the Company.
Where state or local law provides greater protections to employees than federal law, the Company will apply the law that provides the greatest benefit to employees.
If leave is provided as a reasonable accommodation, such leave may run concurrently with leave under the federal Family and Medical Leave Act and/or any other leave where permitted by state and federal law. The Company will not discriminate or retaliate against employees for requesting an accommodation.
2.7 Religious Accommodation
Paula's Donuts recognizes the diversity of religious beliefs and is committed to providing equal employment opportunities to all employees, regardless of their religious beliefs and practices or lack thereof. Consistent with this commitment, the Company complies with Title VII of the Civil Rights Act of 1964 and all applicable state and local laws that prohibit employment discrimination on the basis of religion. The Company will reasonably accommodate the sincerely held religious beliefs of employees if the accommodations would resolve a conflict between the individual's religious belief or practice and a work requirement, unless doing so would create an undue hardship.
Requesting a Religious Accommodation
If you need an accommodation because of your religious beliefs or practices, make the request with your managers . You may be asked to include relevant information such as:
A description of the proposed accommodation.
The reason you need the accommodation.
How the accommodation will help resolve the conflict between your religious beliefs or practices (or lack thereof) and your work requirements.
After receiving your request, the Company will engage in an interactive dialogue with you to explore potential accommodations that could resolve the conflict between your religious beliefs or practices and work requirements. The Company encourages you to suggest specific reasonable accommodations. However, the Company is not required to make the specific accommodation requested by you and may provide an alternative accommodation, to the extent any reasonable accommodation can be made without imposing an undue hardship on the Company.
The Company will not discriminate or retaliate against employees who, in good faith, request a religious accommodation under this policy.
2.8 New Hires and Introductory Periods
The Company’s primary goal when recruiting new employees is to fill vacancies with persons who have the best available skills, abilities, or experience needed to perform the work. Decisions regarding the recruitment, selection, and placement of employees are made on the basis of job-related criteria. When positions become available, qualified current employees are encouraged and are welcome to apply for the position. As openings occur, notices relating general information about the position are posted.
An employee’s first sixty (60) days of employment with the Company are considered an introductory period. This introductory period will be a time to get to know coworkers, managers and the tasks involved in the position, as well as becoming familiar with the Company’s products and services. Your manager will work closely with you to help understand the needs and processes of the job. This introductory period is a try-out time for the employee and the Company. During this introductory period, the Company will evaluate employees’ suitability for employment, and employees can evaluate the Company as well. At any time during this first sixty (60) days, employees may resign. If, during this period, employee work habits, attitude, attendance, performance, or other relevant factors do not measure up to our standards, the Company may release employment. At the end of the introductory period, management will discuss each employee’s job performance with them. During the course of the discussion, employees are encouraged to give their feedback as well.
Please understand that completion of the introductory period does not guarantee continued employment for any specified period of time, nor does it require that an employee be discharged only for cause. Please also understand that completion of the introductory period does not imply that employees now have a contract of employment with the Company, other than at-will. Completion of the introductory period does not alter the at-will employment relationship.
A former employee who has been rehired after a separation from the Company of more than one (1) year is considered an introductory employee during their first thirty (30) days following rehire.
2.9 Employment Authorization Verification
New hires will be required to complete Section 1 of federal Form I-9 on the first day of paid employment and must present acceptable documents authorized by the U.S. Citizenship and Immigration Services proving identity and employment authorization no later than the third business day following the start of employment with Paula's Donuts . If you are currently employed and have not complied with this requirement or if your status has changed, inform your managers.
If you are authorized to work in this country for a limited time, you will be required to submit proof of renewed employment eligibility prior to expiration of that time to remain employed by the Company.
2.10 Training Program
In most cases, and for most departments, training employees is done on an individual basis by the department manager. Even if you have had previous experience in the specified functions of your job duties, it is necessary for you to learn our specific procedures, as well as the responsibilities of the specific position. If you ever feel you require additional training, consult your managers.
2.11 Job Descriptions
We maintain a job description for each position, and they are periodically reviewed to ensure that the responsibilities, education, and experience are appropriate for the position. As job descriptions are updated, employees will receive the updated job description and will be asked to sign the job description, acknowledging the changes and their understanding of the position.
2.12 Employment of Relatives and Friends
We will not employ relatives or friends in circumstances where actual or potential conflicts may arise that could compromise supervision, safety, confidentiality, security, and morale at Paula's Donuts . It is your obligation to inform the Company of any such potential conflict so we can determine how best to respond to the specific situation.
2.13 Conflicts of Interest
Paula's Donuts is concerned with conflicts of interest that create actual or potential job-related concerns, especially in the areas of confidentiality, customer relations, safety, security, and morale. If there is any actual or potential conflict of interest between you and a competitor, supplier, distributor, or contractor to the Company, you must disclose it to your managers. If an actual or potential conflict of interest is determined to exist, the Company will take such steps as it deems necessary to reduce or eliminate this conflict.
2.14 Communications Regarding Religious or Political Matters
Paula's Donuts is committed to respecting the rights of all employees regarding participation in discussions about religious or political matters. In accordance with New York law, the Company will not discharge, discipline, penalize, or take adverse employment action against you for:
Declining to attend any Company-sponsored meeting where the primary purpose is to communicate the Company’s opinion concerning religious or political matters.
Declining to listen to speeches or view communications where the primary purpose is to communicate the Company’s opinion concerning religious or political matters.
Political matters means matters relating to elections for political office, political parties, legislation, regulation, and the decision to join or support any political party or political, civic, community, fraternal, or labor organization.
Religious matters means matters relating to religious affiliation and practice and the decision to join or support any religious organization or association.
This policy does not prohibit the Company from:
Communicating information that the Company is required by law to provide you.
Communicating information necessary for you to perform your job.
Engaging in casual conversations about religious or political matters, as long as the conversation is voluntary.
Communicating requirements that are limited to managers and supervisors.
3.0 Wage and Hour Policies
At Paula's Donuts , pay depends on a wide range of factors, including pay scale surveys, individual effort, profits, and market forces. If you have any questions about your compensation, including matters such as paid time off, commissions, overtime, benefits, or paycheck deductions, speak with your managers.
3.1 Employment Classifications
The following terms are used to describe employment classifications and status. Management will inform the employee of their classification, status, and responsibilities at the time of hire, rehire, promotion or at any time a change in status occurs. These classifications do not alter the employment at-will status.
Non-Exempt Employees
Employees whose positions do not meet FLSA (Fair Labor Standards Act) and state exemption tests and who are paid a multiple of their regular rate of pay for overtime hours worked are considered non-exempt. Unless notified otherwise in writing by management, all hourly employees of the Company are non-exempt.
Exempt Employees
Employees whose positions meet specific tests established by the FLSA and applicable state law and who are exempt from overtime pay requirements. Exempt employees are not subject to overtime pay provisions of the FLSA. Exempt employees usually include managers and assistant managers as well as designated office personnel.
Full-Time Employee
A full-time employee has completed the introductory period and is regularly scheduled to work at least forty (40) or more hours per week depending on position held. Non-exempt employees must get pre-approval prior to working more than forty (40) hours in any given week. Unless stated otherwise or specifically permitted by law, most of the benefits provided to employees of the Company are for regular full-time employees.
Part-Time Employees
A part-time employee has completed the introductory period and is regularly scheduled to work less than forty (40) hours per week is considered part time. Part-time employees may be eligible for some Company benefits specified otherwise in this handbook, in the benefit plan summaries, or specifically permitted by law.
Temporary/Seasonal Employee
An employee who is scheduled to work on a specific need of the Company. The employee will not receive any benefits unless specifically authorized in writing or required by law. The employee is non-exempt and is compensated on an hourly basis.
If your status changes from temporary to part-time or full-time, you are considered hired on the date you become a full-time or part-time employee for purposes of calculating eligibility for benefits that require a minimum term of employment.
3.2 Pay Period
Employees are paid weekly on Friday. When a payroll date falls on a holiday, employees will, when possible, be paid on the last business day before the holiday. Otherwise, employees will be paid on the first business day following the scheduled payroll date. Please review each paycheck/paystub for errors and if you find any, please let management know as soon as possible so the error/s can be corrected.
Tips: All monies collected as tips will be divided up, by management, based upon how many hours an employee worked during that day.
3.3 Paycheck Deductions
The Company will withhold the following from your paycheck:
Taxes
Federal, state, and local taxes, as required by law, as well as the required FICA (Social Security) and Medicare payments.
Insurance
Your contribution to health insurance or other insurance premiums for yourself and any eligible family members or to other contributory benefit programs.
Other Deductions
Other deductions which you authorize, including short-term disability insurance, long-term disability insurance, dental, vision and life insurance, NYS Paid Family Leave (PFL) and retirement plan contributions.
The amount of your tax deductions will depend on your earnings and the information you list on your federal Form W-4 and applicable state withholding form. Permissible deductions for exempt employees may also include, but are not limited to, deductions for full-day absences for reasons other than sickness or disability and certain disciplinary suspensions. You may also authorize certain voluntary deductions from your paycheck where permissible under state law. Your deductions will be reflected in your wage statement. If you have any questions about deductions from your pay, contact your managers.The Company will not make deductions to your pay that are prohibited by federal, state, or local law. Review your paycheck for errors each pay period and immediately report any discrepancies to your managers.
You will be reimbursed in full for any isolated, inadvertent, or improper deductions, as defined by law. If an error is found, you will receive an immediate adjustment, which will be paid no later than your next regular payday. The Company will not retaliate against employees who report erroneous deductions in accordance with this policy.
Wage Garnishments
A wage garnishment is an order from a court or government agency directing us to withhold a certain amount of money from an employee's paycheck and forward it to a person or agency. Wages can be garnished for child support, spousal maintenance, tax debts, outstanding student loans, or money owed as a result of a judgment in a civil lawsuit. If we are instructed by a court or agency to garnish an employee's wages, the employee will be notified of the garnishment immediately. Please note that we are legally required to comply with these orders. However, we will honor federal and state guidelines to protect a certain amount of the employee’s income from over-garnishment. If you dispute or have concerns about the amount of a garnishment, you must contact the court or agency that issued the order.
Social Security
As an employee of the Company, you and Paula’s Donuts will contribute to the federal social security program. The funds that will be collected by the federal government are meant to assist in covering retirement payments and medical coverage once you retire.
Direct Deposit
Employees can have their paychecks deposited directly into their bank account. An enrollment form will be given upon hire and can be obtained later from management.
3.4 Attendance and Hours
Both are important factors for your success with Paula’s Donuts. Since we work closely as a team, this requires everyone to be in the right place at the right time and ready to work hard. If you are going to be late or absent from work, we ask that you please notify management for the location in which you are scheduled. We ask that you call in or text as soon as you know you won’t be coming into work.
Requests for time off are required to be submitted for approval two (2) weeks in advance and given to the appropriate manager.
This attendance and PTO policy will supersede all earlier oral and written materials about Paula’s Donuts policies and procedures. PJ Enterprises of WNY, Paula’s Donuts of Clarence/Transit, Paula’s Donuts of West Seneca, Paula’s Donuts of Larkin, and Paula’s Donuts Executive reserves the right to change, add or delete benefits and policies as deemed necessary at any time without notice.
Full time/ Part time
Full-time is 40 hours per week (must average at least 35 hours per week).
Part-time is 28 hours or less per week.
Full-time cannot be classified as seasonal.
Partially paid health insurance is provided at 30 hours or as mandated by law.
Clocks
There are multiple clocks in the shop. Start and end times (shifts and breaks) go by the ADP log-in clock.
Availability
It is each employee’s responsibility to keep management aware of any changes in availability, in a timely manner, including other job availability and school availability changes.
Schedules
Schedules will be posted on Saturday.
If you need to switch shifts or have someone cover your shift, it must be approved by management in a timely manner.
If you are looking for someone to cover your shift, keep in mind the labor laws. Employees are highlighted by age (14 & 15-year-olds and 16 & 17-year-olds). If you are unsure, ask management.
Schedule times
Your scheduled time is your starting time. That is the time you should be starting on the floor not the time you are walking in the door. For example, if your start time is 8 a.m., you should be on the floor ready to work at 8 a.m. You should not walk in at 8 a.m., sign in, put your hair net on, etc. and start at 8:04 a.m. If you do, you will get a verbal documented warning.
Your ending time is the scheduled time on the weekly schedule. Employees are expected to work until their end time. For example, if you are scheduled until 2 p.m. you need to work on the floor until 2 p.m. You are not to leave at 1:57 pm. Leaving early will result in a verbal documented warning unless you have permission from management.
If you start late or end early without management’s permission, you will receive a verbal documented warning in your folder.
Clock in when you are starting your shift, not when you are walking in the door. Similarly, clock out when you are ending your shift. If you are taking food or making anything to go that is not work-related (for a paid customer), do that after you clock out. Any food being made for a meal break or to leave your shift with, must be made on your own time.
Time Clock
Signing in or signing out ahead of time without management’s permission will result in a verbal documented warning.
For time purposes, employees are not allowed to log on or log off more than 2 minutes before or after the start or end of shift without management’s permission.
The only exception to logging off late is because you do not want to walk away from your customer mid-transaction. Just let management know before you leave. Otherwise, all work should be completed during scheduled hours.
If you start at 8 a.m., you are to be on the floor and ready to work - not signing in at 8 a.m. Refer to scheduled times for any questions or ask management.
Every day at the end of your shift when you are signing out, you are to include your daily tips (except bakers and exempt employees). If you do not make tips or do not take any tips, please write $0.
You are not allowed to give anyone your personal sign in code.
No employee has permission to sign in or sign out any other employee for any reason. Only store managers have permission to sign employees in or sign out. In a situation where an employee signs another employee in or out, this will result in both employees being terminated.
Any person who has your login information will also have access to all of your personal information, including but not limited to, your social security number.
Falsifying a timecard = stealing time= termination.
Call-ins
Excused VS Unexcused Absence:
An excused absence is an absence based on such things as medical issues, jury duty, FMLA, PFL, or a funeral (immediate family: parents, grandparents, siblings, and children). This absence must be provided with proper documentation if requested by a manager. The three acceptable forms of documentation for an excused absence are:
Medical/ Doctor’s Note – requested only after 3 consecutive days of illness.
Jury Duty Documentation
Funeral Notice
Each unexcused call-in will result in a documented verbal warning.
1 bout of sickness (or reason for a lengthy leave such as a funeral) counts as 1 excused absence (after 3 days in a row) as determined by a medical professional.
Call-ins must be a minimum of 5 hours prior to the start of the shift, or it will be an automatic documented verbal warning.
Employees must call themselves in unless they are medically or physically unable to call in. Otherwise, no family members or friends may call an employee in.
Call-ins must be made to the manager on duty at the time. Texting a manager who may or may not be working that day is not acceptable. If you need to call in for your shift and it is not during business hours (stores are closed) and you cannot cover your shift, then text the manager. If you do not get a response, text another manager- NOT a shift leader or other employee. Please be considerate and do not text at 2 a.m. if your shift is not until noon the next day. Texting at crazy times when it is unnecessary will result in a documented verbal warning.
A no call, no show for a shift will result in immediate termination.
Notification Procedure
When you are absent from work and your absence has not been previously scheduled, you must personally notify your manager as soon as you are aware that you will be late or unable to report to work. Leaving a voicemail, or a message with another staff member, does not qualify as notifying your manager. You must call, text or email with your manager. When absence is due to illness, the Company may ask for appropriate medical documentation. Excessive absenteeism or tardiness can result in discipline, up to and including discharge.
Busy times/ Leaving early
Part time employees should leave first to keep full time employees at their full-time hours.
When it is slow, management should send people home or employees can ask to leave. If no one wants to leave, deep cleaning lists must be taken out and completed.
By law, a manager cannot send an employee home before they have completed 3 hours, however, an employee can ask a manager to leave early or accept leaving early if asked prior to 3 hours being completed.
Employees under 18 labor laws:
No employee can work during school hours.
14-15 yr. olds/ school in session*:
Can work 3 hours on days preceding a school day.
Can work until 7 pm but not to exceed 3 hours per day.
Can work 8 hours on non-school days from 7 am- 7 pm.
Can work 5 days per week.
Can work up to 18 hours a week.
14- 15 yr. olds/ school not in session
Can work up to 8 hours a day from 7 am- 9 pm.
Can work up to 6 days a week.
Can work up to 40 hours per week.
16- 17 yr. olds/ school in session*:
Can work 4 hours on days preceding a school day (Mon, Tues, Wed, Thurs & holidays).
Can work until 10 pm but not to exceed 4 hours per day.
Can work weekends from 6 am- 10 pm.
Can work 6 days per week.
Can work up to 28 hours per week.
16- 17 yr. olds/ school not in session
Can work 8 hours a day from 6 am- midnight.
Can work 6 days per week.
Can work up to 48 hours per week.
*School in session weeks apply if the student goes to school at least 1 day that week.
Busy Day Bonus Pay
Certain days of the year, such as holidays and the days around them, are times when our business is busier than usual. It is very important on these “busy days” that we have enough staff on hand to serve all our customers. Busy days may change each year based on projected sales. Dates can be changed (added to or removed from the list of days) by management and without notice. It is your responsibility to check busy day schedule on the office door.
No one will be guaranteed to be scheduled on a busy day. If you make yourself available to work on busy days (plus required days), are scheduled to work, and in fact do work a busy day (plus required days), Paula’s Donuts is starting a “Busy Day Bonus Pay” program to reward you.
In order to receive Busy Day Bonus Pay all of the following criteria must be met:
You must be available to work the “busy day” and the day before and after it; or the two days prior to the busy day. See days listed for specific days.
You must be available to work and work your entire shift on the busy day and other 2 required days (if scheduled).
If you call in on 1 of the 2 required days and worked the busy day, you will not qualify for the busy day pay.
Busy Day Bonus Pay Pay-Rate
Full time employees will get their base pay + $6/ hour.
Part time/ seasonal employees will get their base pay + $3/ hour.
A full-time employee is defined as an employee who is available to work at least 40 hours a week (throughout the whole calendar year) and works an average 35-40 hours (throughout the calendar year).
A part-time employee or seasonal employee is defined as an employee who does not have a 40-hour availability throughout the whole calendar year.
Our calendar year is from Jan 1st - Dec 31st of that year.
Your busy day bonus pay will be pay rate 2 on your paystub. This is NOT a second rate of pay. It will be shown in that column so you can see your pay for the day including the bonus pay. This Bonus Pay System will be used as “pay rate 2” for the sole purpose to help determine your bonus pay based on actual hours worked, instead of a flat bonus amount. Employees who worked 4 hours vs 8 hours will be paid bonuses accordingly.
A. Busy day pay rate is for the Busy day only, not the 2 required days.
B. If there is overtime during a week where there is busy day pay, it will be at your regular pay rate (time & a half). So, any hours over 40 will be at time and a half of your hourly rate.
C. You will accumulate PTO hours at your regular rate.
D. PTO will be paid at your regular rate.
3.3 Meal Periods
Paula's Donuts strives to provide a safe and healthy work environment and complies with all federal and state regulations regarding meal periods. Under New York law:
Workers employed in, or in connection with, a factory are entitled to a 60-minute unpaid meal period between 11 a.m. and 2 p.m., and a 60-minute unpaid meal period midway between the beginning and end of any shift that starts between 1 p.m. and 6 a.m. and lasts more than six hours.
Non-factory workers are entitled to a 30-minute unpaid meal period between 11 a.m. and 2 p.m. for shifts longer than six hours that extend over that period, and a 45-minute unpaid meal period midway between the beginning and end of a shift that starts between 1 p.m. and 6 a.m. and lasts more than six hours.
All workers are entitled to an additional 20-minute unpaid meal period between 5 p.m. and 7 p.m. for workdays that extend from before 11 a.m. to after 7 p.m.
Applicable law also provides that the Company may limit meal periods to a minimum of 30 minutes as long as there is no indication of hardship to the employees.
You will not be required to work during your meal period unless otherwise permitted under applicable law. Check with your managers regarding procedures and schedules for meal periods.
The Company requests that employees accurately observe and record meal periods. If you know in advance that you may not be able to take your scheduled meal period or are not fully relieved of all duties, let your managers know; in addition, notify your managers as soon as possible if you were unable to take or were prohibited from taking a meal period.
3.4 Recording Time
Paula's Donuts is required by applicable federal, state, and local laws to keep accurate records of hours worked by certain employees. To ensure that the Company has complete and accurate time records and that employees are paid for all hours worked, nonexempt employees are required to record all working time using Company timecards. Speak with your managers for specific instructions.
You must accurately record all of your time to ensure you are paid for all hours worked, and must follow established Company procedures for recording your hours worked. Time must be recorded as follows:
Immediately before starting your shift.
Immediately after finishing work, before your meal period.
Immediately before resuming work, after your meal period.
Immediately after finishing work.
Immediately before and after any other time away from work.
If you work six (6) or more hours in a shift, you will be given a thirty (30) minute unpaid meal period. If you work more than a four (4) hour shift, you will be given a fifteen (15) minute break and this time is paid.
Employees are expected to maintain accurate recordings of all time worked. Employees should sign in when they are ready to begin work and sign out at the end of their shift and this time is confirmed with your manager. Employees who consistently miss signing in or out may be subject to disciplinary action.
Falsifying time entries is strictly prohibited. Falsifying time entries includes working "off the clock." If you falsify your own time records, or the time records of co-workers, or if you work off the clock, you will be subject to discipline up to and including termination. Immediately report to Human Resources any employee, supervisor, or manager who falsifies your time entries or encourages or requires you to falsify your time entries or work off the clock.
3.5 Overtime
If you are nonexempt, you may qualify for overtime pay. All overtime must be approved in advance, in writing, by your managers.
At certain times Paula's Donuts may require you to work overtime. We will attempt to give as much notice as possible in this instance. However, advance notice may not always be possible. Failure to work overtime when requested or working unauthorized overtime may result in discipline, up to and including discharge.
Unless otherwise required or exempted by law, overtime pay of one and one-half times your regular rate of pay is paid for any hours worked in excess of 40 hours in a workweek. Holidays, vacation days, and sick leave days do not count as time worked for computing overtime.
3.6 Reporting Time Pay
Paula's Donuts provides reporting time pay (also referred to as call-in pay) to nonexempt employees in accordance with applicable law. If you report to work at the request or permission of the Company and you are not needed to work, you will be paid the basic minimum hourly wage for the lesser of:
Four hours.
The number of hours in your regular shift.
If the amount of your total wages for the workweek exceeds the minimum wage and the overtime rate for the number of hours worked and the minimum wage rate for any reporting time pay owed, no additional payment for reporting pay is required during that workweek. Speak with your managers for more information regarding reporting time pay.
Some nonexempt positions within Paula's Donuts require travel. The Company pays nonexempt employees for travel time in accordance with federal and state law.
3.7 Accommodations for Nursing Mothers
Paula's Donuts provides accommodations for nursing mothers to express milk in the workplace in accordance with federal and New York law.
Reasonable Break Time to Express Milk
The Company will provide nursing mothers with 30 minutes of paid break time (lactation breaks) to accommodate their need to express breast milk for their nursing child whenever they have a reasonable need to express milk. If additional time is needed beyond the 30 minutes, existing paid break or meal time may be used. These lactation breaks will be provided for up to three years following the child's birth.
Advance Notice of Need to Express Milk
To ensure that the Company can provide appropriate accommodations, you are encouraged to notify your managers in writing of your need to express milk at work, preferably before returning to work after childbirth. This notice should include the anticipated number of breaks needed per day and any preferred times for these breaks. Written notice can be provided through email, text message, or any other written communication method regularly used within the Company. We will respond to this request within five business days and work with you to establish a break schedule that accommodates both your needs and our business operations.
Lactation Location
The Company will provide nursing mothers with a private room or other location, other than a restroom, to express milk. The room or location will be well lit, in close proximity to the work area, and be shielded from view and free from intrusion from coworkers and the public. The room or location will have a chair, a working surface, nearby access to clean running water, and an electrical outlet.
If the sole purpose or function of the room or location is not dedicated for use by employees to express breast milk, those who need the room for expressing milk will be given priority use of the room, and their pumping needs will determine the availability of the room for other purposes. The Company will notify employees as soon as practical when the room or location has been designated for use to express breast milk.
If compliance with the room/location requirements would impose an undue hardship on the Company, we will make reasonable efforts to provide a room or other location, other than a restroom or toilet stall, that is in close proximity to the work area where employees can express breast milk in privacy. You may submit a lactation location request through management. We will respond to your request within five business days.
Milk Storage
Expressed milk can be stored [in company refrigerators. Sufficiently mark or label your milk to avoid confusion for others who may share the refrigerator. You may also bring a personal cooler for storage.
Retaliation
The Company will not discriminate or retaliate against employees who express breast milk in the workplace in accordance with this policy.
Required Notice
The Company has provided you with a copy of the New York State Department of Labor's Policy on the Rights of Employees to Express Breast Milk in the Workplace, which is attached as an addendum at the end of this handbook.
3.8 Accommodations for Victims of Domestic Violence
Paula's Donuts will provide reasonable accommodations to employees who are victims of domestic violence who must be absent from work for a reasonable time, unless such accommodation would cause an undue hardship on the Company.
Accommodations include reasonable time off to:
Seek medical attention for injuries caused by domestic violence, including for a child who is the victim of domestic violence;
Obtain services from a domestic violence shelter, program, or rape crisis center as a result of domestic violence;
Obtain psychological counseling related to an incident or incidents of domestic violence, including for a child who is the victim of domestic violence;
Participate in safety planning or other action taken to increase safety from future incidents of domestic violence (e.g., temporary or permanent relocation); or
Obtain legal services, assist in the prosecution of an offense, or appear in court related to an incident of domestic violence.
A victim of domestic violence is any person who is older than 16, married, or is a parent accompanied by a minor child in a situation where the individual or minor child is the victim of an act committed by a family or household member in violation of New York penal law. The act must have resulted in actual physical or emotional injury or created a substantial risk of physical or emotional harm to the person or their child.
Notice
You must provide reasonable advance notice of your intention to take time off for the above reasons unless advanced notice is not feasible. If an unscheduled absence occurs, you must provide the following documentation within a reasonable amount of time after your absence:
A police report indicating that you or your child was a victim of domestic violence;
A court order protecting or separating you or your child from the perpetrator of the domestic violence;
Other evidence from the court or prosecuting attorney that you appeared in court; or
Documentation from a medical professional, domestic violence advocate, health care provider, or counselor that you or your child underwent counseling or treatment for physical or mental injuries or abuse resulting from the domestic violence.
Confidentiality
The Company will maintain the confidentiality of any information regarding your status as a victim of domestic violence, except as required by federal or state law or as necessary to protect your safety in the workplace.
Compensation
The time off may be charged against any paid time off to which you are entitled. If you have no available paid time off, the time off may be treated as unpaid time.
Retaliation
The Company will not retaliate against a victim of domestic violence for requesting or obtaining reasonable accommodation in accordance with this policy.
3.9 Wage Disclosure Protection
In accordance with New York law, Paula's Donuts will not prohibit you from inquiring about, discussing, or disclosing your wages or the wages of other employees.
If you have access to or knowledge of the compensation information of other employees as a part of your essential job functions, you may not disclose that information to individuals who do not otherwise have authorized access to it, unless the disclosure is:
In response to a formal charge or complaint; or
In furtherance of an investigation, proceeding, hearing, or other action (including an investigation conducted by the Company).
This policy does not require you to disclose your wages.
If you believe that you have been discriminated or retaliated against in violation of this policy, immediately report your concerns to management.
Failure to adhere to this policy may lead to corrective action including, but not limited to, termination.
Nothing in this policy will be enforced to interfere with, restrain or coerce, or retaliate against employees regarding their rights under the National Labor Relations Act, or any collective-bargaining agreement.
3.10 Business Expenses
Employees will be reimbursed for all Company expenses, provided they are pre-approved by your manager and accompanied with a receipt.
Company Issued Credit Cards
The Company may issue Company credit cards to certain employees for business use as necessary in connection with the employee’s job duties. Use of Company-issued credit cards is a privilege, and the Company can withdraw their use at any time. Any credit card issued to an employee by the Company must be used for business purposes only. Personal purchases of any type are not allowed and will not be reimbursed. Expenses for lodging and meals while on Company-approved business trips are considered business purchases, if such expenses are consistent with the Company’s travel and expense reimbursement policy.
Employees are expected to exercise discretion and good judgment when incurring business expenses and to report expenses on a timely basis with appropriate documentation.
If there is any question as to whether a particular purchase qualifies as a business expense, the employee should consult their manager before incurring the expense. Employees are responsible for unauthorized purchases deemed by the Company to be for personal use.
4.0 Benefits
4.1 Health Insurance
Paula’s Donuts has established a variety of employee benefit programs designed to assist you and your eligible dependents in meeting the financial burdens that can result from illness and disability, and to help you plan for retirement. This portion of the employee handbook contains a very general description of the benefits to which you may be entitled as an employee of the Company. Please understand that this general explanation is not intended to, and does not provide you with all the details of these benefits. Therefore, this guide does not change or otherwise interpret the terms of the official plan documents. Your rights can be determined only by referring to the full text of the official plan documents, which are available for your examination from management. To the extent that any of the information contained in this guide is inconsistent with the official plan documents, the provisions of the official documents will govern in all cases. Please note that nothing contained in the benefit plans described herein shall be held or construed to create a promise of employment or future benefits, or a binding contract between the Company and its employees, retirees, or their dependents, for benefits or for any other purpose. All employees shall remain subject to discharge or discipline to the same extent as if these plans had not been put into effect.
As in the past, Paula’s Donuts reserves the right, in its sole and absolute discretion, to amend, modify or terminate, in whole or in part, any or all of the provisions of the benefit plans described herein, including any benefits that may be extended to retirees and their dependents. Further, the Company reserves the exclusive right, power, and authority, in its sole and absolute discretion, to administer, apply and interpret the benefit plans described herein, and to decide all matters arising in connection with the operation or administration of such plans. For more complete information regarding any of our benefit programs, please refer to the summary plan descriptions or see management.
Health Coverage
The Company offers medical insurance to all eligible employees. Eligible employees are allowed to participate in the medical plan beginning on the 1st of the month following sixty (60) days of employment. Coverage terminates at the end of the month the employee terminates employment or is no longer and eligible employee under the medical plan’s provisions. The Company contributes for medical insurance for all eligible employees who are enrolled in plan and work more than thirty (30) hours per week. Employees who work less than thirty (30) hours per week are eligible to enroll in the medical plan, but the Company does not contribute to the cost for those employees. The cost of coverage is paid solely by the employee with no employer contribution.
Details of the plan(s) may be found in the benefit booklets. This handbook does not constitute such a legal document. The Company offers medical coverage for eligible employees and their eligible dependents. Your summary plan description (SPD) contains more details. In the event of any conflict between the information contained in this handbook and in the Company’s SPDs, the SPDs shall govern. The plan(s) is subject to change at the Company’s discretion.
4.2 COBRA
The Consolidated Omnibus Budget Reconciliation Act (COBRA) provides the opportunity for eligible Paula's Donuts employees and their beneficiaries to continue health insurance coverage under the Company health plan when a "qualifying event" could result in the loss of eligibility. Qualifying events include resignation, termination of employment, death of an employee, reduction in hours, a leave of absence, divorce or legal separation, entitlement to Medicare, or where a dependent child no longer meets eligibility requirements. Contact Human Resources to learn more about your COBRA rights.
4.3 Holidays
Paula’s Donuts observes the following holidays each year if they fall on a day that we are open:
Easter
Christmas
Paula’s Donuts closes early on the following holidays each year if they fall on a day that we are open:
New Year’s Eve
Memorial Day
4th of July
Labor Day
Thanksgiving
Christmas Eve
4.4 Paid Sick Leave
Paula's Donuts provides paid sick leave to eligible employees in accordance with New York law.
Eligibility
All employees are eligible for sick leave.
Reasons for Leave
Sick leave may be used for the following purposes:
For your own or a family member's mental or physical illness, injury, or health condition regardless of whether such illness, injury, or health condition has been diagnosed or requires medical care at the time that you request leave;
For the diagnosis, care, or treatment of your own or a family member's mental or physical illness, injury, or health condition or need for medical diagnosis or preventive care; or
For your absence from work when you or your family member has been the victim of domestic violence, a family offense, sexual offense, stalking, or human trafficking, and you need to:
Obtain services from a domestic violence shelter, rape crisis center, or other services program;
Participate in safety planning, temporarily or permanently relocate, or take other actions to increase your safety or the safety of your family members;
Meet with an attorney or other social services provider to obtain information and advice on, and prepare for or participate in, any criminal or civil proceeding;
File a complaint or domestic incident report with law enforcement;
Meet with a district attorney's office;
Enroll children in a new school; or
Take any other actions necessary to ensure your or a family member's health or safety or to protect those who associate or work with you.
If you are responsible for the domestic violence, family offense, sexual offense, stalking, or human trafficking, you are not eligible for leave under this policy.
Family member means:
Your child, spouse, domestic partner, parent, sibling, grandchild, or grandparent; or
The child or parent of your spouse or domestic partner.
Parent means:
Your biological, foster, step, or adoptive parent; or
A person who acted as your legal guardian or a person who stood in loco parentis when you were a minor child.
Child means:
Your biological, adopted, or foster child;
A legal ward; or
A child for which you stand in loco parentis.
Accrual and Usage
Eligible employees accrue one hour of sick leave for every 30 hours worked, beginning on their first day of employment. You may use sick leave as it accrues.
You may use up to a maximum of 56 hours of sick leave in a leave year. For purposes of this policy, the leave year is the calendar year. The minimum increment of sick leave that you may take at one time is four hours. Unused sick leave will carry over to the following leave year; however, you may still only use 56 hours of sick leave in a leave year.
Compensation
You will be paid at your regular rate of pay or the applicable minimum wage, whichever is greater.
Notice
If the need for leave is foreseeable, you must provide reasonable notice of your need for leave. If unforeseeable, provide notice as soon as practical. If known, notice should include the expected length of the absence.
Documentation
If you use sick leave for three or more consecutive days, you may be required to provide reasonable documentation confirming your eligibility for leave. Reasonable documentation is limited to the following:
A statement from a licensed medical provider attesting to your need for sick leave, the amount of leave needed, and the date you may return to work; or
A statement from you attesting to your eligibility for leave.
The statement does not need to explain the nature of the illness or details related to the domestic violence, family offense, sexual offense, stalking, or human trafficking that necessitates the use of leave.
Confidentiality
Details surrounding your request for leave will be kept confidential, except as required by federal or state law or as necessary to protect your safety in the workplace.
Recordkeeping
You may request (verbally or in writing) a summary of the amounts of sick leave you have accrued and used in the current calendar year and/or any previous calendar year. This information will be provided within three business days.
Payment upon Termination
You will not be paid for any unused sick leave when your employment ends.
Retaliation
The Company will not retaliate against employees who request or take leave in accordance with this policy.
4.5 Paid Time Off (PTO)
· All employees are eligible to accrue and use paid time off (PTO) in accordance with this policy.
· An employee may use earned PTO for any purpose.
· Employees accrue PTO at the rate of 1 hour of PTO per 30 hours worked, up to a maximum 56 hours each calendar year.
· Employees may carry over 40 unused PTO hours from one year to the next. However, employees may only use up to 56 hours of accrued PTO in any calendar year.
· Employees should provide as much notice as possible before using PTO. At a minimum, this means notifying a supervisor before taking time off.
· PTO may be used in a minimum increment of 4 hours per shift.
· Employees on furlough due to lack of work are not eligible to use PTO.
· Unused PTO will not be paid out upon separation from employment or at any other time.
· Employees who are absent without PTO available or who don’t give notice before taking time off may be subject to disciplinary action.
· PTO must be written down and given to management with amount of PTO hours used per shift (cannot exceed typically scheduled hours- for example: if you work 6-hour shifts, max PTO per shift is 6 hours). This must be handed in before time is taken off or if not possible, it must be handed in by the Saturday of that week. Payroll is done Saturday night/ Sunday for that week.
Requests off
· All requests off must be approved by management or it is considered an unexcused absence and will result in a documented verbal warning.
· All requests off must be approved 2 full schedules prior (not including the schedule(s) hanging up).
· There is a list of busy times (for the year) posted near the schedules. Any dates that you want to request off that are listed must be approved by management in person. Any requests off not in person will not be considered.
· Dates will be added to the list of busy days as people request time off throughout the year. We can only have so many people off per day to run efficiently, therefore it is better to request off as early as possible.
· Every day your shift is missed will count against attendance- this is not included in a bout of sickness or family emergency situation.
· All other requests off must be in writing and taped to the office door and must include: your name, your phone number, today’s date (day you posted the request off) and the date(s) you are requesting off.
Misuse of PTO
Paula’s Donuts will take disciplinary action, up to and including termination, against an employee who uses leave for purposes other than those provided for under the law, or who lies to their employer in connection with taking such leave.
4.6 Family and Medical Leave (FMLA)
In accordance with the Family and Medical Leave Act of 1993 (FMLA), Paula's Donuts provides up to 12 or 26 weeks of unpaid, job-protected leave in a 12-month period to covered employees in certain circumstances.
Eligibility
To qualify for FMLA leave, you must:
Have worked for the Company for at least 12 months, although that time need not be consecutive;
Have worked at least 1,250 hours in the last 12 months; and
Be employed at a worksite that has 50 or more employees within 75 miles.
Reasons for Leave
You may take up to 12 weeks of unpaid FMLA leave in a 12-month period for any of the following reasons:
The birth of a child and to care for that child (leave must be completed within one year of the child's birth);
The adoption or foster care placement of a child with you and in order to care for the newly placed child (leave must be completed within one year of the child's placement);
To care for a spouse, child, or parent with a serious health condition;
To care for your own serious health condition that makes you unable to perform the essential functions of your position; or
A qualifying exigency of a spouse, child, or parent who is a military member on covered active duty or called to covered active duty status (or has been notified of an impending call or order to covered active duty).
You may take up to 26 weeks of unpaid FMLA leave in a single 12-month period, beginning on the first day that you take FMLA leave, to care for a spouse, child, parent, or next of kin who is a covered service member and who has a serious injury or illness related to active duty service.
As used in this policy:
Spouse means a husband or wife as recognized under state law for the purposes of marriage in the state or other territory or country where the marriage took place.
Child means a biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis, who is either under age 18 or age 18 or older and incapable of self-care because of a mental or physical disability at the time FMLA leave is to commence. A child for the purposes of military exigency or military care leave can be of any age.
Parent means a biological, adoptive, step, or foster parent, or any other individual who stood in loco parentis to you when you were a child.
Next of kin for the purposes of military care leave is a blood relative other than a spouse, parent, or child in the following order: brothers and sisters, grandparents, aunts and uncles, and first cousins. If a military service member designates in writing another blood relative as their caregiver, that individual will be the only next of kin. In appropriate circumstances, you may be required to provide documentation of next of kin status.
Notice
If the need for leave is foreseeable because of an expected birth, adoption, or a planned medical treatment, you must give at least 30 days' notice. If 30 days' notice is not possible, give notice as soon as practical (within one or two business days of learning of your need for leave). Failure to provide appropriate notice may result in the delay or denial of leave.
In addition, if you are seeking intermittent or reduced schedule leave that is foreseeable due to a planned medical treatment or a series of treatments for yourself, a family member, or covered service member, you must first consult with the Company regarding the dates of this treatment to work out a schedule that best suits your needs or the needs of the covered military member, if applicable, and the Company.
If the need for leave is unforeseeable, provide notice as soon as possible. Normal call-in procedures apply to all absences from work, including requests for absences under this policy. Failure to provide appropriate notice may result in the delay or denial of leave.
Certification
If you are requesting leave because of your own or a covered relative's serious health condition, you and the relevant healthcare provider must supply appropriate medical certification. You may obtain medical certification forms from Human Resources. When you request leave, the Company will notify you of the requirement for medical certification and when it is due (at least 15 days after you request leave). If you provide at least 30 days' notice of medical leave, you should also provide the medical certification before leave begins. Failure to provide requested medical certification in a timely manner may result in denial of FMLA-covered leave until it is provided.
At our expense, the Company may require an examination by a second healthcare provider designated by us. If the second healthcare provider's opinion conflicts with the original medical certification, we, at our expense, may require a third, mutually agreeable, healthcare provider to conduct an examination and provide a final and binding opinion. Subsequent medical recertification may also be required. Failure to provide requested certification within 15 days, when practical, may delay further leave until it is provided.
The Company also reserves the right to require certification from a covered military member's healthcare provider if you are requesting military caregiver leave and certification in connection with military exigency leave.
Paid Leave Utilization During FMLA Leave
FMLA leave is unpaid; however, you may choose (or the Company may require you) to use accrued paid leave (such as family leave), concurrently with some or all of your FMLA leave. In order to substitute paid leave for FMLA leave, an eligible employee must comply with the Company's normal procedures for the applicable paid-leave policy (e.g., call-in procedures, advance notice, etc.).
FMLA leave runs concurrently with other leaves, such as accrued paid leave that is substituted for unpaid FMLA leave and any state family leave laws, to the extent allowed by applicable law. The substitution of paid leave for unpaid FMLA leave does not extend the 12 or 26 weeks (whichever is applicable) of FMLA leave. In addition, the substitution of paid leave for unpaid leave may not result in you receiving more than 100% of your salary.
If you are receiving short- or long-term disability or workers' compensation benefits during a personal medical leave, you will not be required to use accrued paid leave. However, where state law permits, you may elect to use accrued paid leave to supplement these benefits.
Leave Increments
Intermittent Leave
If medically necessary, FMLA leave for a serious health condition may be taken intermittently (in separate blocks of time) or on a reduced leave schedule (reducing the usual number of hours you work per workweek or workday). FMLA leave may also be taken intermittently or on a reduced leave schedule for a qualifying exigency relating to covered military service.
As FMLA leave is unpaid, the Company will reduce your salary based on the amount of time actually worked. In addition, while you are on an intermittent or reduced schedule leave that is foreseeable due to planned medical treatments, the Company may temporarily transfer you to an available alternative position that better accommodates your leave schedule and has equivalent pay and benefits.
Parental Leave
Leave for the birth or placement of a child may be taken in a single block or intermittently with the Company's approval. Parental leave must be completed within 12 months of the birth or placement of the child; however, you may use parental leave before the placement of an adopted or foster child to consult with attorneys, appear in court, attend counseling sessions, etc.
Family Care, Personal Medical, Military Exigency, and Military Care Leave
Leave taken for these reasons may be taken in a block or blocks of time. In addition, if a healthcare provider deems it necessary or if the nature of a qualifying exigency requires, leave for these reasons can be taken on an intermittent or reduced schedule basis.
Fitness for Duty Requirements
If you take leave because of your own serious health condition (except if you are taking intermittent leave), you are required, as are all employees returning from other types of medical leave, to provide medical certification that you are fit to resume work. You will not be permitted to resume work until certification is provided.
Health Insurance
Maintaining Coverage During Leave
Your health insurance coverage will be maintained by the Company during leave on the same basis as if you were still working. You must continue to make timely payments of your share of the premiums for such coverage. Failure to pay premiums within 30 days of when they are due may result in a lapse of coverage. If this occurs, you will be notified 15 days before the date coverage lapses that coverage will terminate unless payments are promptly made.
Payment of Premiums
Alternatively, at our option, the Company may pay your share of the premiums during the leave and recover the costs of this insurance upon your return to work. Coverage that lapses due to nonpayment of premiums will be reinstated immediately upon return to work without a waiting period. Under most circumstances, if you do not return to work at the end of leave, the Company may require reimbursement for the health insurance premiums paid during the leave.
Reinstatement
Upon returning to work at the end of leave, you will generally be placed in your original job or an equivalent job with equivalent pay and benefits. You will not lose any benefits that accrued before leave was taken.
Spouse Aggregation
If both you and your spouse work at the Company, you are collectively eligible for 12 weeks of leave for the birth or placement of a child or to care for a parent with a serious health condition. Similarly, spouses employed by the Company will be limited to a combined total of 26 weeks of leave to care for a military service member. This 26-week leave period will be reduced, however, by the amount of leave taken for other qualifying FMLA events. This type of leave aggregation does not apply to leave needed for your own serious health condition, to care for a spouse or child with a serious health condition, or because of a qualifying exigency.
Failure to Return
If you fail to return to work or fail to make a request for an extension of leave prior to the expiration of the leave, you will be deemed to have voluntarily terminated your employment. The Company is not required to grant requests for open-ended leaves with no reasonable return date under these policies or as disability accommodations.
Alternative Employment
You may not work or be gainfully employed for yourself or another employer while on a leave of absence unless express, written permission to perform such work has been granted by the Company. If you are on a leave of absence and are found to be in violation of this policy, you will be subject to disciplinary action up to and including termination.
Interaction with State and Local Laws
Where state or local laws intersect with the FMLA, the Company will comply with the law that is the most favorable to you.
Abuse of Leave
If you are found to have provided a false reason for a leave, you will be subject to disciplinary action, up to and including termination.
Designation of Leave
If the Company becomes aware of any qualifying reason for FMLA leave, the Company will designate it as such. You may not refuse FMLA designation under this policy.
Retaliation
The Company will not retaliate against employees who request or take leave in accordance with this policy.
Required Notice
The Company is required to provide you with a copy of the Your Employee Rights Under the Family and Medical Leave Act notice, which is attached as an addendum at the end of this handbook.
4.7 Paid Family Leave
New York's Paid Family Leave (PFL) program provides eligible employees with job-protected, paid time off to:
Bond with a newly born, adopted, or foster child.
Care for a family member with a serious health condition.
Assist in situations when a spouse, domestic partner, child, or parent is deployed abroad on active military service.
Eligibility
Eligible employees may take PFL leave as follows:
If you work full time (a regular schedule of 20 or more hours per week), you are eligible after 26 consecutive weeks of employment.
If you work part time (a regular schedule of less than 20 hours per week), you are eligible after working 175 days, which do not need to be consecutive.
Amount of Benefit
You will be provided up to 12 weeks of leave at 67 percent of your weekly pay (capped at 67 percent of statewide average pay).
You may use accrued paid leave in order to receive full pay while on PFL.
Funding
PFL is funded through employee payroll contributions that are set each year to match the cost of coverage. The rate of employee contributions is reviewed annually and is subject to change by the New York State Department of Financial Services.
If you are not eligible for PFL, you will be provided a waiver to sign, and PFL contributions will not be deducted from your wages.
Qualifying Events
If you are eligible, you may use PFL for the following reasons:
New child: You may take PFL during the first 12 months following the birth, adoption, or fostering of a child. Expectant mothers cannot take PFL for their own pregnancy. PFL for the birth of a child begins after the child's birth and is not available for prenatal conditions.
Serious health condition: You may take PFL to care for a family member with a serious health condition. The relative may live outside of New York State and even outside the country. You cannot take PFL for your own health condition.
Military active service deployment: You may take PFL when your spouse, domestic partner, child, or parent is deployed abroad on active military service or has been notified of an impending military deployment abroad. You cannot use PFL for your own qualifying military event.
As used in this policy:
Family member includes a spouse, domestic partner, child and stepchild, parent and stepparent, parent-in-law, grandparent, grandchild, and sibling (biological, adopted, half, and step).
Serious health condition is an illness, injury, impairment, or physical or mental condition, including transplant preparation and recovery from surgery related to organ or tissue donation, that involves inpatient care in a hospital, hospice, or residential medical facility; or continuing medical treatment or continuing supervision by a health care provider.
Health Insurance
Your health insurance will continue while you are on leave; however, if you contribute to the cost of your health insurance, you must continue to pay your portion of the premium cost while on leave.
Interaction with Other Laws
PFL may be taken by employees who are eligible for time off under the federal Family and Medical Leave Act (FMLA). PFL will run concurrently with designated FMLA leave when the reason for leave qualifies under both PFL and FMLA. Eligible employees must then apply for both PFL and FMLA.
You may not receive short-term disability and PFL benefits at the same time. You may not take more than 26 combined weeks of short-term disability and PFL in a 52-week period.
If you are unable to work and qualify for workers' compensation benefits, you may not use PFL benefits at the same time as you are receiving workers' compensation benefits. If you are receiving reduced earnings, you may be eligible for PFL.
Notice and Required Documentation
Notify management if you intend to use PFL. If leave is foreseeable, you must give 30 days' advance notice so the Company can plan for your absence. If the event was not foreseeable, notify management as soon as possible. If you fail to give notice without unusual circumstances justifying the failure, PFL may be delayed or partially denied.
You must provide documentation in support of your PFL request within 30 days after the leave begins. The Company may require additional proof during your leave, but not more often than once a week. Proof must include a statement of disability from the leave recipient's health care provider.
The insurance carrier is responsible for reviewing and approving or denying claims for PFL. An employee must request payment for a previously unspecified day of PFL within thirty (30) days of the leave.
The Company’s PFL insurance carrier is:
ShelterPoint
1225 Frankin Avenue; Suite 475
Garden City, New York 11530
800-365-4999
Returning to Work
On return from PFL, you will be reinstated to your original position, or if no longer available, an equivalent position with equivalent terms and conditions of employment, including pay and employment benefits.
Use of PFL will not result in the loss of any employment benefit that accrued before the start of your family leave that was not used during your family leave.
Retaliation
The Company will not retaliate against employees who request or take leave in accordance with this policy.
Additional Information
If you have additional questions regarding PFL, contact Human Resources or visit https://paidfamilyleave.ny.gov/.
4.8 Paid Prenatal Personal Leave
Paula's Donuts will provide employees with 20 hours of paid prenatal personal leave during any 52-week calendar period. Paid prenatal personal leave is in addition to leave provided under New York’s Sick Leave Law.
Paid prenatal personal leave may be used for healthcare services during or related to your pregnancy, including physical examinations, medical procedures, monitoring and testing, and discussions with your healthcare provider related to your pregnancy.
Paid prenatal personal leave may be taken in hourly increments and will be compensated at your regular rate of pay or the applicable minimum wage, whichever is greater.
If your need for leave is foreseeable, provide notice as soon as possible. If unforeseeable, provide notice as soon as practical. You are not required to provide documentation supporting your need for leave.
Upon return to work following any paid prenatal personal leave, you will be restored to the position you held prior to taking leave or a position with the same pay and other terms and conditions of employment.
You will not be compensated for unused paid prenatal personal leave when your employment ends.
The Company will not retaliate against employees who request or take leave in accordance with this policy.
4.9 Disability Benefits
If you are unable to work for more than seven consecutive days due to a non-work-related illness or injury, or pregnancy-related disability, you may be eligible for disability benefits. Disability benefits provide up to 26 weeks of partial wage replacement benefits during any 52-consecutive-week period. Benefits are payable beginning on the eighth consecutive day of disability.
If you have been disabled for more than seven days, the Company will provide you with a Form DB-271S, Statement of Rights, within five days of learning that you are disabled. The Statement of Rights provides information on how to file a claim for benefits. You must file a claim within the first 30 days of your disability or all or part of your claim may be rejected. You must be under the care of a physician, chiropractor, podiatrist, psychologist, dentist, or certified nurse midwife to qualify for disability benefits.
Disability benefits are a wage replacement benefit, not a protected leave benefit. If you are temporarily disabled, you may be eligible for job-protected leave under the federal Family and Medical Leave Act or other state or local law.
To learn more about the New York Disability Benefits law, including eligibility requirements and benefits, or to obtain a claim form (Form DB-450), contact the New York State Workers' Compensation Board (www.wcb.ny.gov).
4.10 Workers' Compensation Insurance
To provide for payment of your medical expenses and for partial salary continuation in the event of a work-related accident or illness, you are covered by Workers’ Compensation Insurance. This insurance is provided by the Company and is based on state regulations, if you should become ill or injured at work or on Company property, you must immediately report the incident, no matter how slight, to your manager. If the injury or illness requires medical attention, the manager will make arrangements to get you to a medical facility.
After you have been seen by the medical provider, you must return to work and submit the medical form to your manager, if possible, on the same day. A full investigation will be conducted, and all appropriate paperwork will be completed and may require an employee signature. No claim can be accepted and paid without medical certification.
During the period you are covered by workers’ compensation benefits, the Company may continue to provide, as a benefit, medical and all other insurance coverage for full time employees up to six (6) months from the initial claim date. Employees must continue to pay their portions of the benefit premiums in order for coverage to remain in effect. Premium payments are due by the 1st of the month. You are required to keep in regular contact with your manager to let them know about your progress, doctor visits and timeframe for your return to work.
4.11 Voting Leave
Paula's Donuts encourages all employees to fulfill their civic responsibility and to vote in public elections. Most work schedules provide sufficient time to vote either before or after working hours. If the polls are open for at least four consecutive hours before or after the work shift, you will be deemed to have sufficient time outside of work hours to vote.
If you do not have sufficient time before or after work to vote, you may take enough time off at the beginning or end of your work shift to vote. Up to two hours' time off for this purpose will be provided without loss of pay.
You must request time off to vote from your managers at least two working days prior to Election Day so that the necessary time off can be scheduled at the beginning or end of the work shift, whichever provides the least disruption to normal business operations.
The Company will not retaliate or tolerate retaliation against employees who request or take leave under this policy. If you believe that you are being retaliated against because you requested or took leave under this policy, immediately report it to your managers.
4.12 Crime Victim and Witness Leave
Paula's Donuts will provide eligible employees with time off from work, without pay, for any of the following reasons:
To comply with a subpoena to testify in a criminal proceeding (including time off to consult with the district attorney);
To give a victim impact statement at a pre-sentencing proceeding;
To give a statement at a sentencing proceeding; or
To give a statement at a parole board hearing.
You are eligible for time off under this policy if you are:
The victim of the crime at issue in the proceedings;
The victim's next of kin;
The victim's representative if the victim is deceased as a result of the offense;
A "Good Samaritan"; or
Pursuing an application or the enforcement of an order of protection as provided under relevant law.
For purpose of this policy:
Good Samaritan means someone who acts in good faith to apprehend a person who has committed a crime in his or her presence, to prevent a crime or an attempted crime from occurring, or to aid a law enforcement officer in effecting an arrest.
Victim's representative means a person who represents or stands in the place of another person, including but not limited to, an agent, attorney, guardian, conservator, executor, heir, or parent of a minor.
If you are required to attend a criminal proceeding either as a witness or as a crime victim (or a close family member of a crime victim), you must notify your managers as soon as possible and at least one day before taking leave to make scheduling arrangements. The Company reserves the right to require employees to provide proof of the need to attend the criminal proceedings to the extent authorized by law.
The Company will not retaliate against employees who request or take leave in accordance with this policy.
4.13 Jury Duty Leave
Paula's Donuts encourages employees to fulfill their civic duties related to jury duty. If you are summoned for jury duty, notify your supervisor as soon as possible to make scheduling arrangements.
In accordance with NYS law the Association will pay you $72 per day (the daily rate for jury duty in the state) for the first three days of jury duty leave. You may substitute any portion of your unpaid jury duty leave with appropriate paid leave.
The Association reserves the right to require employees to provide proof of jury duty service to the extent authorized by law.
The Association will not retaliate against employees who request or take leave in accordance with this policy.
If you have any questions regarding this policy, contact management.
4.14 Military Leave (USERRA)
Paula's Donuts complies with applicable federal and state law regarding military leave and re-employment rights. A military leave of absence will be granted to members of the uniformed services in accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA, with amendments) and all applicable state law. You must submit documentation of the need for leave to management. When returning from military leave of absence, you will be reinstated to your previous position or a similar position, in accordance with state and federal law. You must notify your managers of your intent to return to employment based on requirements of the law. For more information regarding status, compensation, benefits, and reinstatement upon return from military leave, contact management.
4.15 Military Spouse Leave
Paula's Donuts provides up to 10 days of unpaid leave to employees who are the spouse of a military member who is home on leave during a period of military deployment.
To be eligible for military spouse leave you must:
Work an average of 20 or more hours per week; and
Be the spouse of a member of the U.S. Armed Forces, National Guard, or Reserves who has been deployed during a period of military conflict to a combat theater or combat zone of operations.
A period of military conflict means a period of war declared by the U.S. Congress or a period during which a member of the Reserves is ordered to active duty under federal authority.
If you need to take military spouse leave, notify your managers as soon as reasonably possible. The Company reserves the right to ask for documents supporting the need for leave.
You may elect to use any available paid time off for which you are eligible under Company policy for the purpose of taking military spouse leave, and such paid time off will run concurrently with the leave afforded under this policy.
The Company will not discriminate or retaliate against employees who request or take leave in accordance with this policy.
4.16 Volunteer Emergency Responder Leave
An employee who is a volunteer firefighter or a member of a volunteer ambulance service will be granted unpaid leave if required to respond to a call. If the leave will cause an undue hardship on the conduct of the employer’s business, the leave request may be denied.
4.17 Religious Observance
Federal and state equal opportunity laws generally require employers to accommodate the religious beliefs of employees, but do not require them to provide paid leave. The Company respects your religious beliefs, however, and therefore, will provide 1 (one) day of unpaid leave to employees who, for religious reasons, must be away from the office on days of normal operation. Employees can use personal time for this leave, and we ask that leave be requested through your manager two (2) weeks prior to the event.
4.18 Blood and Bone Marrow Donation Leave
Paula's Donuts provides those employees who work an average of 20 or more hours per week:
Up to three hours of unpaid leave in any calendar year to donate blood. You must give reasonable notice of at least three working days of your intent to take leave to give blood. Provide documentation to your managers immediately after such leave is taken.
Unpaid time off, as determined by your physician, not to exceed 24 hours without Company approval to undergo a medical procedure to donate bone marrow. If you seek leave to donate bone marrow, you must provide verification from a physician setting forth the purpose and length of each leave required.
The Company will not retaliate against employees who request or take leave in accordance with this policy.
4.19 Access to Personnel and Medical Records Files
Employee Records
It is important that the Company maintain accurate personnel records at all times. You are responsible for notifying management of any change in name, address, phone number, marital status, number of dependents, immigration status, or any other pertinent information. By promptly notifying the Company of such changes, you will avoid compromise of your benefit eligibility or the return of W-2’s. The Company will take every precaution to protect employee files and employee’s personally identifiable information. Employee files have restricted access. Employees, their manager, or their designated agents, may have access to those personnel files. In the event that an employee wishes to review their personnel file, they must do so in the presence of a manager. Employees may review their personnel file by making a written request to their manager.
Medical Records
We understand the particularly sensitive nature of employee medical records and follow the ADA’s guidance on filing and safekeeping of such information.
5.0 Performance and Expectations
5.1 Standards of Conduct
Each of us at Paula’s Donuts has an impact on each other's performance, productivity, and personal satisfaction. In addition, how we act toward each other, our customers and vendors will influence whether these relationships are successful for our Company. Because your conduct affects many others than just yourself, we expect you to act in a professional manner whenever you are on Company property, conducting Company business, or representing the Company at business or social functions.
Inappropriate conduct, at a minimum, includes, but is not limited to, the following:
Failure to report for work and follow call-in procedures for a scheduled shift or overtime.
Failure to maintain regular attendance and punctuality.
Poor quality/quantity of work.
Theft and/or unauthorized possession of property belonging to Paula’s Donuts, a customer, visitor, or a coworker.
Possession of or drinking alcohol on Company property, unless it is a Company-sponsored function.
Reporting to work under the influence of legal/illegal drugs and/or alcohol.
Falsification or alteration of Company records, including timecard systems, payroll, benefits, medical, personnel, computer or other official Company records.
Failure to follow time reporting requirements.
Leaving the workplace without permission during work time, overstaying authorized meal and rest breaks or job abandonment.
Unauthorized use/misuse of Company equipment and property.
Inappropriate behavior and/or treatment of others.
Harassment, horseplay, abusive language, bullying, and threatening and intimidating or coercing anyone on Company property or while representing the Company at business or social functions.
Disregard for or failure to observe safety and security guidelines. Failure to report an injury or incident.
Verbal or physical fighting. Employees shall not engage in, provoke, or encourage a fight.
Sleeping on the job.
Unauthorized disclosure of business “secrets” or confidential information.
Insubordination toward a member of management.
Recipes
All Paula’s Donuts recipes must be followed exactly as they are written – there is to be no deviation. If you find a discrepancy or have a suggestion on how to improve upon our processes, please speak to management or the President to share your ideas.
Product
Inventory is done every Sunday for orders due to come on Monday. If there is something that you use the last of or don’t see a backup for, please let management know immediately.
Signage
Every single item that we present for display must be appropriately identified. All signage must be secured so as not to fall off. If we are out of a certain sign, please notify management immediately. This includes any handwritten signage that may need to be created so that our appearance is consistent throughout. Every item not in its original container needs to be labeled and dated (if food).
Conduct While Providing Service to Customers
Customer service is the HIGHEST requirement at Paula’s Donuts. Employees are required to greet all customers within five (5) seconds of their entering our stores.
At times, your work may require you to attend to a customer’s needs in their environment, whether it means home, office, public or private venue, etc. Representation is one of the best ways to build, as well as retain, a strong customer base. Should we receive any negative comments/reviews that personally name a specific employee, after management discussion and review, disciplinary action may result.
5.2 Ethics Code
Paula's Donuts will conduct business honestly and ethically wherever operations are maintained. We strive to improve the quality of our services, products, and operations and will maintain a reputation for honesty, fairness, respect, responsibility, integrity, trust, and sound business judgment. Our managers and employees are expected to adhere to high standards of business and personal integrity as a representation of our business practices, at all times consistent with their duty of loyalty to the Company.
We expect that officers, directors, and employees will not knowingly misrepresent the Company and will not speak on behalf of the Company unless specifically authorized. The confidentiality of trade secrets, proprietary information, and similar confidential commercially-sensitive information (e.g., financial or sales records/reports, marketing or business strategies/plans, product development, customer lists, patents, or trademarks) about the Company or operations, or that of our customers or partners, is to be treated with discretion and only disseminated on a need-to-know basis (see policies relating to privacy).
Violation of the Ethics Code can result in discipline, up to and including termination of employment. The degree of discipline imposed may be influenced by the existence of voluntary disclosure of any ethical violation and whether or not the violator cooperated in any subsequent investigation.
5.3 Personal Appearance
Dress Code and Personal Hygiene
As an employee of the Company, we expect you to present a clean and professional appearance when you represent us, whether you are in or outside one of our locations.
We expect all employees to maintain proper and acceptable hygiene at all times, whether on shift or doing Paula’s Donuts business at a customer’s location.
Uniforms
Paula’s Donuts provides employees with aprons, both full and half size to wear while working.
We ask that employees:
wear jeans or black leggings.
wear a clean front/back shirt with no graphics, words, or slogans and shirt must have sleeves.
hair must be tied back or put up.
wear closed toe shoes.
do not wear spaghetti strap tops.
do not wear V-neck shirts.
5.4 Use of Company Technology, Internet, and Mobile Devices
This policy is intended to provide Paula's Donuts employees with the guidelines associated with the use of the Company information technology (IT) resources and communications systems.
This policy governs the use of all IT resources and communications systems owned by or available at the Company, and all use of such resources and systems when accessed using your own devices, including but not limited to:
Email systems and accounts.
Internet and intranet access.
Telephones and voicemail systems, including wired and mobile phones, smartphones, and pagers.
Printers, photocopiers, and scanners.
Fax machines, e-fax systems, and modems.
All other associated computer, network, and communications systems, hardware, peripherals, and software, including network key fobs and other devices.
The Company email system is intended for official Company business. Although you may use the email system occasionally for personal messages, you may do so during non-work hours only. If you send personal messages through the Company's email system, you must exercise discretion as to the number and type of messages you send. You must also ensure that your personal use of the email system does not interfere in any way with your job duties or performance.
Email messages, including attachments, sent, and received on Company equipment are at all times the property of the Company. Employees should not expect that any email sent using Company equipment is private, including messages considered to be personal or labeled with a designation such as "personal" or "private."
Email Security
To avoid email viruses and other threats, employees should not open email attachments from people and businesses they do not recognize, particularly if the email appears to have been forwarded multiple times or has a nonexistent or peculiar subject heading. Even if you know the sender, do not open an email attachment that has a strange name or is not referenced in the body of the email as it may have been transmitted automatically, without the sender's knowledge. If you believe your computer has been infected by a virus, worm, or other security threat to the Company's system, you must inform a member of management immediately. Employees may not share their email passwords with anyone, including coworkers or family members. Revealing passwords to the Company's email system could allow unauthorized access to the Company's network.
No Solicitation by Email
You may not use the email system to solicit others to patronize an outside business or to support an outside organization, a political candidate or cause, or a religious cause. You also may not use the email system to ask employees to donate to a particular charitable cause.
Personal Email Accounts for Work
Employees may not use their own personal email accounts to transact Company business. This includes storing work-related documents and email messages in your personal email account, sending work to your personal email account, engaging in work-related communications (with customers or coworkers, for example) using your personal email account, or "bouncing" messages from your Company email to your personal email when you are out of the office. Accessing your personal email account from work creates security risks for the Company's computer system and network. Therefore, employees may not use Company equipment to access their personal email accounts.
Professional Tone and Content
We expect you to exercise discretion in using electronic communications equipment. When you send email using the Company's communications equipment, you are representing the Company.
Please make sure that your messages are professional and appropriate, in both tone and content. Remember, although email may seem like a private conversation, email can be printed, saved, and forwarded to unintended recipients.
Personal Posts Using Company Equipment
Employees may not use the Company's equipment to transmit their personal opinions by, for example, posting a comment to a blog or social media page or contributing to an online forum. Even if you do not identify yourself as a Company employee, your use of Company equipment could cause your opinion to be mistaken for the Company's view.
Employer-Provided Cell Phones/Mobile Devices
Access to the Company’s phones is to be used primarily for work-related activities or approved educational/training activities. Incidental and occasional personal use is permitted. This privilege should not be abused and must not affect the employee’s performance of employment-related activities.
No cell phones should be used during work hours unless there is an emergency or unless otherwise noted in your job description/duties. Cell phones must be put away in the employee area until end of shift or during meal/break periods.
Offenses to the policy may result in disciplinary action.
Internet Access and Use
Internet use is not private, and employees should not expect that their use of the internet including, but not limited to, the sites you visit, the amount of time you spend online, and the communications you have will be private.
Personal Use of the Internet
Our network and internet access are for official Company business only. Employees may access the internet for personal use only outside of work hours and only in accordance with the other terms of this policy. An employee who engages in excessive internet use, even during non-work hours, or who violates any other provision of this policy, may be subject to discipline.
Employees may not, at any time, access the internet or any other Company computer platforms (web based or otherwise) using Company equipment or links for any of the following purposes:
To view or access websites that offer pornography, gambling, or violent imagery, or are otherwise inappropriate in the workplace.
To operate an outside business, online auction, or other sales site; solicit money for personal purposes; or otherwise act for personal financial gain or profit.
To download, retrieve or copy Company data software, games, text, photos, or any other works in violation of copyright, trademark, or other laws.
To stream, run, or download any non-Company-licensed software program, music, video, games, or any form of multimedia, from the internet without the express consent of management.
To read, open, or download any file from the internet without first screening that file for viruses using the Company's virus detection software.
In furtherance of any illegal act, including violation of any state or federal criminal or civil laws or regulations.
For any commercial purpose.
To send threatening or harassing messages, whether sexual or otherwise; to access or share sexually explicit, obscene, or otherwise inappropriate materials.
To infringe any intellectual property rights.
To gain, or attempt to gain, unauthorized access to any computer or network.
For any use that causes interference with or disruption of network users and resources, including propagation of computer viruses or other harmful programs.
To intercept communications intended for other people.
To misrepresent either Paula’s Donuts or a person’s role at Paula’s Donuts.
To distribute chain letters or spam messages.
To libel or otherwise defame any person.
To vandalize data, alter or destroy computer equipment, documents, files, or programs.
To access social media sites (i.e. Facebook, etc.).
Social Media Policy
You are legally responsible for content you post to the internet, in a blog, social media site, or otherwise. You can be held personally liable for defaming others, revealing trade secrets or proprietary information, and copyright infringement, among other things. Each of our Company policies applies to anything you write in a personal blog, post to the internet, or upload to the internet. This means, for example, that you may not use personal postings to harass or threaten other employees or reveal Company confidential information. Embarrassing or unkind comments about other Company employees, customers or competitors are also inappropriate.
If, in the process of making a personal post or upload on the internet, you identify yourself as an employee of our Company, whether by explicit statement or by implication, you must clearly state that the views expressed in your post, or your blog, social media page, or website, are your own, and do not reflect the views of the Company. You may not use Company trademarks, logos, or other images, nor may you make false or misleading statements about the Company's philosophy, products, services, opinions, or affiliations with other companies.
Paula’s Donuts may have a legal duty not to disclose certain facts, such as financial information. Revealing this information on the internet could cause very serious problems. If you have any concerns about the confidentiality or propriety of something you would like to post, check with your manager. Please keep in mind that your personal postings will be read not only by your friends and family, but possibly by your coworkers and managers, as well as our customers and competitors. Even if you post anonymously or under a pseudonym, your identity can be discovered easily. Use common sense when deciding what to include in a post or comment. If you need further clarification, ask your manager.
Do not engage in covert marketing for Paula’s Donuts or its products or services. If you post anything about the Company, you must identify yourself as a Company employee. The Fair-Trade Commission legally requires you to identify your employment relationship if it might be relevant to a consumer's decision to patronize our Company or your failure to do so could be misleading to readers. This means, for example, that employees may not post anonymous online reviews of Company services, products, or statements about the Company in which they fail to identify themselves as employees.
Violations of our social media policy may result in discipline, up to and including, termination.
5.5 Third Party Disclosures
From time to time, Paula's Donuts may become involved in news stories or potential or actual legal proceedings of various kinds. When that happens, lawyers, former employees, newspapers, law enforcement agencies, and other outside persons may contact our employees to obtain information about the incident or the actual or potential lawsuit.
If you receive such a contact, you should not speak on behalf of the Company and should refer any call requesting the position of the Company to management. If you have any questions about this policy or are not certain what to do when such a contact is made, contact management.
5.6 Use of Employer Vehicles
All employees authorized to drive Company-owned or leased vehicles or personal vehicles in conducting Company business must possess a current, valid driver's license and an acceptable driving record. Any change in license status or driving record must be reported to management immediately. A valid driver's license must be in your possession while operating a vehicle off or on Company property. It is the responsibility of every employee to drive safely and obey all traffic, vehicle safety, and parking laws or regulations. Drivers must demonstrate safe driving habits at all times. Company owned or leased vehicles may be used only as authorized by management. Employees who drive on Company business must abide by all state or local laws prohibiting or limiting portable communication device (PCD) use, including cell phones and tablets, while driving. Further, even if use is permitted, employees may choose to refrain from using any PCD while driving.
Personal Auto Usage
At time, employees may be asked to run Company errands using their own personal vehicle. When this occurs, employees will be reimbursed for actual mileage and reasonable parking expenses that exceed their normal personal commuting costs, subject to the approval of their manager. The reimbursement is intended to be a reasonable reimbursement of business-related costs. Finally, all expenses must be properly documented to be eligible for reimbursement.
Employees who drive for the Company, whether on or off Company time, should have a valid, unexpired driver’s license and valid, non-expired automobile insurance for the vehicle that they are driving.
Mileage Reimbursement
Employees who engage in business-related travel are eligible for the standard mileage reimbursement if the travel is properly documented. The standard mileage reimbursement, set by the IRS, includes the costs of operating an automobile such as depreciation, maintenance, repairs, tires, gasoline, oil, insurance, taxes, and vehicle registration fees. Normal personal commuting costs are not eligible for reimbursement.
Driving Safety
The safety and well-being of our employees is of critical importance to the Company. We therefore each have a responsibility to not only protect ourselves when on the road but also do our part to protect those around us. Employees who are required to drive on Company business will be expected to consistently follow all of the safety procedures below:
All employees are expected to wear seat belts at all times while in a moving vehicle being used for Company business, whether they are the driver or a passenger.
Use of handheld cell phones, whether personal or Company owned, while behind the wheel of a moving vehicle is strictly prohibited. This includes the use for making or receiving phone calls, sending, or receiving text messages or emails, and downloading information from the web. If you need to engage in any of these activities while driving, you must pull over to safe location and stop your vehicle prior to using your cell phone.
Employees are required to turn off cell phones or put them on vibrate before starting their car.
Although use of cell phones under any circumstances is strongly discouraged while driving, the use of hands-free technology may be warranted in emergency circumstances only.
The use of other handheld electronic devices, such as i-Pads, i-Pods, laptops, electronic readers, and the like are strictly prohibited while driving a vehicle on Company business.
Engaging in other distracting activities including, but not limited to, eating, drinking, putting on makeup, reading or changing radio stations or music, is also strongly discouraged while driving, even when in slow-moving traffic.
Use of alcohol, drugs or other substances, including certain over-the-counter cold or allergy medications that in any way impair driving ability, is prohibited.
All employees are expected to follow all driving laws and safety rules such as adherence to posted speed limits and directional signs, use of turn signals and avoidance of confrontational or offensive behavior while driving.
Employees should never allow anyone to ride in any part of the vehicle not specifically intended for passenger use and/or any seat that does not include a working seat belt.
Employees must promptly report any accidents to local law enforcement as well as to the Company in accordance with established procedures.
Employees are also required to report any moving or parking violations received while driving on Company business and/or in Company vehicles.
Failure to adhere to these procedures may result in disciplinary action, up to and including termination of employment.
Automobile Accident
If an employee is involved in an automobile accident while on Company business (personal or Company vehicle) they must report the accident to management immediately. Employees should request and obtain a police report and police investigation at the scene of the accident. Employees are not to drive a personal vehicle for Company business unless authorized to do so. If the job requires an employee to operate their personal vehicle, then the employee shall be required to submit proof of a current and valid state driver’s license. If employees use their own vehicle, either by authorization or requirement, to carry out the business of the Company, they must submit proof of insurance coverage for the specific car that they are driving. Insurance must be maintained current as a term and condition of continuing employment for that particular position. Should an automobile accident occur during an employee’s workday and/or in a Company provided vehicle, the Company may require post-accident drug/alcohol testing.
5.7 Nonsolicitation/Nondistribution Policy
Paula's Donuts prioritizes a harmonious work environment that minimizes disruption to business operations and respects the focus of employees, visitors, and others. Our nonsolicitation/nondistribution policy aims to ensure a balanced approach to interactions within the workplace.
Solicitation
For the purposes of this policy, solicitation includes various activities such as selling items or services, seeking contributions, or seeking support for an organization. Solicitation, whether conducted verbally, in writing, or electronically, falls under this policy's scope.
During your assigned working hours, soliciting other employees is prohibited. Working hours refers to periods when either you or the employees you intend to solicit are expected to be actively engaged in work-related activities. You are permitted to engage in solicitation during authorized nonworking times, such as breaks, provided that the recipients of the solicitation are also on nonworking time.
Distribution
To ensure cleanliness, organization, and safety, the distribution of nonwork-related literature or items within working areas is prohibited at all times. Working areas do not include break/rest areas, lunchrooms, and parking lots. Electronic distribution of materials during work hours is also not allowed. Any literature that violates the Company's equal employment opportunity (EEO) and nonharassment policies, or knowingly spreads false information, is strictly prohibited. Non-employees are not permitted to distribute materials on company premises under any circumstances.
Statutory Rights and Communication
This policy is not meant to curtail the statutory rights of employees, including their right to discuss terms and conditions of employment. Open communication remains a vital part of our workplace culture.
Reporting Violations
If you become aware of violations of this policy, report them to your managers.
We appreciate your cooperation in maintaining a respectful and focused work environment.
5.9 Confidentiality and Nondisclosure of Trade Secrets
Paula’s Donuts considers its confidential and proprietary information to be one of its most valuable assets. As a result, employees must carefully protect and must not disclose to any third party any confidential and proprietary information belonging to the Company or its customers.
Employees should ensure that any materials containing confidential or proprietary information are filed and/or locked up before leaving their work area each day. During the workday, employees should not leave any sensitive information lying about or unguarded.
Such protected, confidential information includes, but is not limited to:
Matters of a business nature, such as computer software, customer lists, customer contact information, associate information, on-site program and support materials, candidate and recruit lists and information, personnel information, placement information, pricing lists, training programs, contracts, sales reports, sales, financial and marketing data, systems, forms, methods, procedures, and analyses.
Proprietary information, whether communicated orally or in writing, computerized or other tangible form, concerning Paula’s Donuts or any customer’s operations and business.
5.10 Outside Employment
We understand that employees may, at times, engage in outside employment or personal educational activities during non-working hours. We hope that these activities never interfere with their job performance or constitute a conflict of interest.
Prior to accepting outside employment, we ask that employees notify management. If the position constitutes a conflict of interest or interferes with the employee’s job, at any time, employees may be asked to curtail or terminate such activity.
5.11 Open Door/Conflict Resolution Process
Effective communication is the most important key to a great workplace and Paula’s Donuts is dedicated to the goal of constantly improving communication. We encourage questions, ideas, and comments to improve communication.
Paula’s Donuts maintains bulletin boards for the posting of official notices relating to Company business, job opportunities, sponsored activities, and federal and state regulations. We expect all employees to read the information periodically. This is for administrative use only and employees are not permitted to post or remove any items.
Open-Door Policy
The Company has an open-door policy and takes employee concerns and problems seriously and we value each employee and strive to provide a positive work experience. Every employee is encouraged to speak with their manager at any time with questions or problems relating to the job while employed. If you are unable to satisfactorily resolve your question or problem with your manager, you can request a meeting with the Company’s Owner.
Whistleblower Policy
Every manager, or employee of Paula’s Donuts, in the performance of their duties, shall conduct themselves with honesty and integrity and observe the highest standards of business and personal ethics as set forth in the Company’s policies and procedures.
Each employee, former employee or independent contractor is responsible to report any violation of any federal, state, or local statute, ordinance, rule, or regulation that they believe is likely to cause imminent risk of physical harm to persons or poses a substantial and specific danger to the public’s health or safety, a felony, or an improper solicitation for a contribution, or a violation of the Company’s policies and procedures to management.
We ask that employees first verbally notify management of the supposed violations and then file a written report with sufficient detail to identify and describe the violation. Reports of supposed violations will be kept confidential to the extent possible.
Any individual, regardless of their position with us, will not be subject to any form of retaliation for making a reasonable and good faith claim. Any employee who chooses to retaliate against someone who has reported a supposed violation shall be subject to disciplinary action which may include termination of employment. Regardless, any claim of retaliation will be taken and treated seriously and regardless of the outcome of the initial complaint, will be treated as a separate offense. The statute of limitations for filing a retaliation claim is two (2) years.
5.12 Disciplinary Process
Violation of Paula's Donuts 's policies or procedures may result in disciplinary action, including demotion, transfer, leave without pay, or termination of employment. The Company encourages a system of progressive discipline depending on the type of prohibited conduct. However, the Company is not required to engage in progressive discipline and may discipline or terminate employees who violate the rules of conduct, or where the quality or value of their work fails to meet expectations at any time. Again, any attempt at progressive discipline does not imply that your employment is anything other than on an "at-will" basis consistent with applicable law. Note that the specific terms of your employment relationship, including termination procedures, are governed by the laws of the state in which you are employed.
In appropriate circumstances, management will first provide you with a verbal warning, then with one or more written warnings, and if the conduct is not sufficiently altered, eventual demotion, transfer, forced leave, or termination of employment. Your managers will make every effort possible to allow you to respond to any disciplinary action taken. Understand that while the Company is concerned with consistent enforcement of our policies, we are not obligated to follow any disciplinary or grievance procedure and, depending on the circumstances, you may be disciplined or terminated without any prior warning or procedure.
Accountability, Write-ups, and Written Warnings
Write-ups and documented verbal warnings will be in your file permanently. If an employee gets written up or a documented verbal warning in Month X, it will count towards one write up or documented verbal warning for 365 days. Similarly, if an employee gets a documented verbal warning, it will count towards a verbal written warning for 1 year.
An unexcused absence = 1 documented verbal warning
An excused absence will be documented but it will NOT count as a documented verbal written warning.
3 documented verbal/ written warnings = 1 Write-up
4th write up = automatic termination
No call/ No show = termination (except under emergency situations later discussed with management).
Documented verbal warnings are for a variety of things such as poor performance and attendance. Once you get 3 it will count as a write-up. It does not have to be for the same violation (you do not need 3 attendance warnings to get a write-up, i.e. - it can be 2 for attendance and 1 for poor performance).
Corrective Action
Our corrective action policy and procedure is designed to provide a structured corrective action process to improve and prevent a recurrence of undesirable behavior and/or performance issues. It has been designed consistent with our organizational mission, HR best practices and employment laws. Outlined below is our corrective action policy and procedure. The Company may combine or skip steps depending upon facts of each situation and the nature of the offense. In addition, there may be times in which immediate termination is appropriate without warning to the employee. The level of disciplinary intervention may also vary.
Some of the factors that will be considered depend upon whether the offense is repeated despite coaching, counseling and/or training, the employee's work record and the impact the conduct and performance issues have on our organization.
This policy does not change the employment-at-will relationship between the Company and its employees.
Procedure
When unsatisfactory performance and/or violations of policies and procedures occur, the corrective action process is as follows:
Verbal Warning
Management will meet privately with the employee immediately following the incident of poor performance, inappropriate behavior, or a violation of policy and explain the behavior or violation, the performance expectation, and what will occur if the expectation is not met. This counseling will be positive and will encourage the employee to correct the behavior and improve performance. The employee must have a clear understanding of what will happen if poor performance or policy violations continue. A reasonable time frame is usually established during which time the standard must be met. Management will schedule an appointment with the employee on the established date to acknowledge improvement or to proceed to the next step. If another infraction occurs during this time frame, it may be necessary to proceed to the next step earlier than the established date.
Written Warning
If unsatisfactory conduct or performance continues, depending on the severity of the situation, a written warning may be required. Management will complete a written warning outlining specific terms and clearly indicate the standards and objectives that are not being met and provide an outline of performance expectation. The employee must understand that failure to improve could result in further disciplinary action, up to and including termination of employment. A reasonable time frame is usually established during which time the standard must be met. Management will schedule an appointment with the employee on the established date to acknowledge improvement or to proceed to the next step. If another infraction occurs during this time frame, it may be necessary to proceed to the next step earlier than the established date. A written warning involves a more formal documentation of the performance, conduct or attendance issues and consequences. Employees will be asked to sign the disciplinary document to demonstrate an understanding of the issues and corrective action needed.
Suspension
A suspension can be used when it is determined that an investigation is necessary for a particular occurrence of misconduct or the violation is blatant in nature but not necessarily grounds for termination.
When suspending an employee, management will:
Inform the employee of the misconduct or violation of policy that has occurred.
Inform the employee that they are being suspended without pay until further notice.
Contact the employee within forty-eight (48) hours with next step information.
Termination of Employment
This is the final step in the corrective action process. Management will schedule a meeting with the employee to explain the reason/s for the termination of employment and a witness will be present. At times, news of termination of employment may be delivered over the phone.
Disciplinary Action
Employees may be asked to sign a disciplinary document to demonstrate an understanding of the issues and corrective action needed.
This policy does not change the employment-at-will relationship between Paula’s Donuts and its employees.
5.13 Criminal Activity/Arrests
Paula's Donuts will report all criminal activity in accordance with applicable law. Involvement in criminal activity while employed by the Company, whether on or off Company property, may result in disciplinary action including suspension or termination of employment.
You are expected to be on the job, ready to work, when scheduled. Inability to report to work as scheduled may lead to disciplinary action, up to and including termination of employment, for violation of an attendance policy or job abandonment.
5.14 Performance Reviews
An employee's first performance review will take place as required with the Company. Thereafter, performance reviews will normally be conducted as required. All performance reviews will be completed in writing by your manager and reviewed during a meeting with you. Factors considered in your review include the quality of your job performance, your attendance, meeting the requirements of your job description, dependability, attitude, cooperation, compliance with Company employment policies, any disciplinary actions, and year-to-year improvement in overall performance. Compensation increases are given by the Company at its discretion in consideration of various factors, including your performance review.
5.15 Resignation Policy
If you decide to leave Paula’s Donuts for another position, please notify us in writing. We request a two (2) week notice.
You are also required to notify the Company, in writing, when your address changes so that your tax and benefit information can be sent to the proper address.
Termination
All employment with the Company is “at-will” employment. This means that the employee has not been hired for a specified duration, but that they can terminate their employment with Paula’s Donuts, or the Company can terminate the employment at any time, with or without cause, and with or without prior notice. An employee’s at-will employment status cannot be changed by any oral modifications.
Final Paychecks
Employees who resign or who are involuntarily terminated from their position with Paula’s Donuts will receive their final paycheck on the next standard payroll cycle after the event.
Final paychecks will include all compensation earned but not paid through the date of termination.
Personal Possessions and Return of Company Property
When your employment with Paula’s Donuts ends, we expect you to return all Company property. It is to be returned clean and in good repair. This includes, but is not limited to
our employee handbook, manuals, guides, and documents
Company provided cell phones
computers and iPads
keys
Company provided aprons/uniforms
We may take any lawful action to recover or protect our property.
Employee References
When we are contacted by prospective employers seeking information about former employees, we will release the following information only: the position(s) the employee held and dates of employment
5.16 Unemployment Compensation Insurance
If your employment with our Company ends, you may be eligible for unemployment benefits. These benefits provide you with a percentage of your wages while you are unemployed and looking for work. To find out more, contact management or the NYS Department of Labor.
6.0 Safety and Security
6.1 General Safety
It is the responsibility of all Paula's Donuts employees to maintain a healthy and safe work environment, report any health or safety hazards, and follow the Company health and safety rules. Failure to do so may result in disciplinary action, up to and including termination of employment. The Company also requires that all occupational illnesses or injuries be reported to your managers as soon as reasonably possible and that an occupational illness or injury form be completed on each reported incident.
Paula’s Donuts complies with federal, state, and local health and safety regulations. Our commitment to safety, health, and security goes beyond compliance. Everyone is responsible for safety and employees will be informed about specific safety requirements for your job.
Employees are expected to follow all safety, health, and security rules and regulations:
All employees must comply with all hazardous communication guidelines.
Follow all sanitation processes and guidelines according to legal standards.
Horseplay, roughhousing, and other physical acts that may endanger employees or cause accidents are prohibited.
Employees must follow all safety instructions and guidelines.
Employees in certain positions may be prohibited from wearing dangling jewelry or apparel or may be required to pull back or cover their hair, for safety purposes. Your manager will tell you if you fall into one of these categories.
All equipment and machinery must be used properly. This means all guards, restraints, and other safety devices must be used at all times. Do not use equipment for other than its intended purpose. Equipment should be inspected, cleaned, and properly stored after use.
All employees must immediately report any workplace condition that they believe to be unsafe to their manager. The Company will look into the matter promptly.
Employees must keep walkways and work areas clear of debris and maintain a clean, organized work area.
All employees must immediately report any workplace accident or injury to their manager.
Company Property
We expect all employees to take care of Company property and only use in the manner intended and as instructed. If a piece of equipment or property is problematic or unsafe for use, please report it immediately. Employees do not have a right to privacy in their workspaces or in any other property belonging to the Company. The Company may search Company property at any time, without warning, to ensure compliance with our policies, including those that cover employee safety, workplace violence, harassment, theft, drug and alcohol use, and possession of prohibited items.
Company property includes, but is not limited to, lockers, desks, file cabinets, storage areas, and all workspaces. If you use a lock on any item of Company property (a locker or file cabinet, for example), you must give a copy of the key or combination to your manager. When an employee is given a Company credit card, it is the expectation that the credit card will be used wisely and kept safe and secure. In the unforeseen event that a Company credit card is lost or stolen, it is to be reported to management immediately.
6.2 Business Closure and Emergencies
Inclement Weather
Inclement weather is to be expected during the winter months. Driving, although rarely impossible, may be difficult at times. When caution is exercised, you normally will find the roads are passable. Except in cases of severe storms, we will work regular hours. Any alteration in our regular schedule will be decided by the via management and communicated via text message or phone call. It is very important that Paula’s always has your up-to-date contact information.
Time taken off by employees due to poor weather conditions is unpaid unless otherwise required by federal or state wage and hour laws.
Emergencies
In case of an emergency, such as fire, natural disaster, or accident, your first priority should be your own safety. In the event of an emergency causing serious injuries, immediately dial 9-1-1 to alert police and rescue workers of the situation. If you hear a fire alarm or in case of an emergency that requires evacuation, please proceed quickly and calmly to the emergency exits. Remember that every second may count – do not return to retrieve personal belongings or work-related items.
For emergency facility closing or modified operating schedules, please contact your manager.
6.3 Security
It is every employee's responsibility to help keep our workplace secure from unauthorized intruders. Every employee must comply with these security precautions.
When you leave work for the day, please adhere to established locking and securing procedures.
After-hours access to the workplace is limited to those employees who need to work late. If you are going to be working past our usual closing time, please let your manager know.
Employees are allowed to have an occasional visitor in the workplace, but workplace visits should be the exception rather than the rule. Please inform management when you have a visitor.
Personal Property
The Company is not liable for lost, misplaced or stolen property. Employees should take all precautions necessary to safeguard their personal property. Employees should refrain from having their personal mail sent to the Company because mail may be automatically opened. Employee work areas and any other Company property are subject to inspections and searches at any time, with or without notice.
Visitors in the Workplace
For safety and security reasons, employees are asked to limit having personal guests visit and they must accompany all visitors anywhere in on our premises. At no time should a visitor be left unattended in a non-public area.
6.4 Workplace Privacy and Right to Inspect
Paula's Donuts property, including but not limited to lockers, phones, computers, tablets, desks, work areas, vehicles, or machinery, remains under the control of the Company and is subject to inspection at any time, without notice to any employees, and without their presence.
You should have no expectation of privacy in any of these areas. We assume no responsibility for the loss of, or damage to, your property maintained on Company premises including that kept in lockers and desks.
6.5 Drug and Alcohol Policy
Paula’s Donuts is committed to providing a safe, comfortable, and productive work environment for its employees. We recognize that employees who abuse drugs or alcohol at work, or who appear to be under the influence of legal/illegal drugs or alcohol while at work, harm both themselves and the work environment.
As a result, we prohibit employees from doing the following:
Appearing at work under the influence of alcohol or legal/illegal drugs.
Conducting Company business while under the influence of alcohol or legal/illegal drugs (whether or not the employee is actually on work premises at the time).
Using alcohol on the worksite, unless provided by Paula’s Donuts for a Company-sponsored event.
Using legal/illegal drugs on the worksite.
Possessing, buying, selling, or distributing alcohol or legal/illegal drugs on the worksite.
Legal/illegal drug use includes more than just marijuana, cocaine, or heroin. It also includes the misuse of otherwise legal prescription and over-the-counter drugs. The Company may inspect employees, their possessions, and their workspaces to enforce our policy against legal/illegal drug and alcohol use, or any other policy. Paula’s Donuts reserves the right to conduct a drug test based on reasonable suspicion and/or a workplace accident where drug or alcohol use may have played a role. Should an automobile accident occur during an employee’s workday and/or in a Company provided vehicle, the Company may require post-accident drug/alcohol testing.
6.6 Workplace Tobacco Usage
Smoking/ tobacco use (cigarettes, e-cigarettes, cigars, pipe tobacco, nicotine gels, and water pipes (hookahs)) is not permitted inside Company property at any time. This policy applies equally to all employees, as well as to our customers or visitors. All smoking is to be done outside and on breaks and away from customers entering or exiting our stores. Smoking is prohibited in all Company vehicles and is never to be done while on a customer’s property.
6.7 Workplace Violence
Paula’s Donuts will not tolerate violence or bullying in the workplace. Violence includes physical altercations, coercion, pushing or shoving, horseplay, intimidation, stalking, bullying, and threats of violence. Any comments about violence will be taken seriously and may result in termination. Please do not joke or make offhand remarks about violence, as this could result in discipline, up to and including, termination of your employment. If you observe an incident, threat of violence or bullying that is immediate and serious, immediately dial 9-1-1 and report the incident to the police and to your manager. If the incident, threat of violence or bullying does not appear to require immediate police intervention, please contact your manager, and report it immediately. You may also use the Open-Door process.
If you have been threatened, bullied, or are concerned about violence or abuse by a current or former spouse, intimate partner, coworker, or other family member, we encourage you to report it immediately. We will keep this information as confidential as possible. The Company will not discriminate against employees who are victims of domestic violence. Once you bring this to the Company’s attention, we will decide what steps to take for your safety and the safety of other employees. The Company may ask you to provide copies of any restraining orders or other legal papers you have filed against the abuser, as well as a picture of the abuser, for security purposes. We understand that workplace violence, domestic violence, and bullying can affect performance and attendance. If you need time off to ensure your own safety, appear in court, or handle other matters relating to violence or bullying, please let us know and we will make reasonable accommodation.
Weapons in the Workplace
The possession, use or sale of weapons, firearms, or explosives on our property or while conducting Paula’s Donuts business offsite, is forbidden except where expressly authorized by the Company and permitted by state or local laws. This policy applies to all employees, including those authorized to carry a firearm. If an employee becomes aware of violations or threats of violations of this policy, they are required to report such violations or threats of violations to management immediately and violations of this policy will result in disciplinary action, up to and including, termination.
6.8 Airborne Infectious Disease Exposure Prevention Plan
During a government designated outbreak, employees will be asked to follow minimum controls in all areas of the worksite-maintain physical distancing, wear face coverings, wash hands or use hand sanitizer, and use proper coughing/sneezing etiquette. Employees will be asked to self-monitor and conduct regular health screenings. Employees with known symptoms will be asked to stay home. The Company will take additional precautions and implement advanced internal administrative controls to protect employees and limit exposure-clean and disinfect common areas, improve ventilation, install temporary barriers, rearrange traffic flow and workstations.
Closing Statement
Thank you for reading our handbook. We hope it has provided you with an understanding of our mission, history, and structure as well as our current policies and guidelines. We look forward to working with you to create a successful Company and a safe, productive, and pleasant workplace.
Owner
Paula's Donuts
Acknowledgment of Receipt and Review
By signing below, I acknowledge that I have received a copy of the Paula's Donuts Employee Handbook (handbook) and that I have read it, understand it, and agree to comply with it. I understand that the Company has the maximum discretion permitted by law to interpret, administer, change, modify, or delete the rules, regulations, procedures, and benefits contained in the handbook at any time with or without notice. No statement or representation by a supervisor, manager, or any other employee, whether oral or written, can supplement or modify this handbook. Changes can only be made if approved in writing by the owner of the Company. I also understand that any delay or failure by the Company to enforce any rule, regulation, or procedure contained in the handbook does not constitute a waiver on behalf of the Company or affect the right of the Company to enforce such rule, regulation, or procedure in the future.
I understand that neither this handbook nor any other communication by a management representative or other, whether oral or written, is intended in any way to create a contract of employment. I further understand that, unless I have a written employment agreement signed by an authorized Company representative, I am employed "at-will" (to the extent permitted by law) and this handbook does not modify my "at-will" employment status.
If I am covered by a written employment agreement (signed by an authorized Company representative) or a collective bargaining agreement that conflicts with the terms of this handbook, I understand that the terms of the employment agreement or collective bargaining agreement will control.
This handbook is not intended to preclude or dissuade employees from engaging in legally protected activities under the National Labor Relations Act (NLRA). This handbook is not intended to violate any local, state, or federal law. No provision or policy applies or will be enforced if it conflicts with or is superseded by any requirement or prohibition contained in federal, state, or local law, or regulation. Furthermore, nothing in this handbook prohibits an employee from reporting concerns to, filing a charge or complaint with, making lawful disclosures to, providing documents or other information to, or participating in an investigation or hearing conducted by the Equal Employment Opportunity Commission (EEOC), National Labor Relations Board (NLRB), Securities and Exchange Commission (SEC), or any other federal, state, or local agency charged with the enforcement of any laws.
This handbook supersedes any previous handbook or policy statements, whether written or oral, issued by Paula's Donuts.
If I have any questions about the content or interpretation of this handbook, I will contact management or the Human Resources Advisor.
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