RESTAURANT TEAM MEMBER HANDBOOK - EthicsPoint
RESTAURANT TEAM MEMBER HANDBOOK - EthicsPoint
RESTAURANT TEAM MEMBER HANDBOOK - EthicsPoint
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<strong>RESTAURANT</strong><br />
<strong>TEAM</strong> <strong>MEMBER</strong><br />
<strong>HANDBOOK</strong>
Table of Contents<br />
Welcome from BJ’s Restaurants, Inc.’s Senior Leadership Team………. 1<br />
Team Member Handbook Overview ……………………………............. 3<br />
BJ’s History………………………………………………………...…..... 4<br />
BJ’s Gold Standard of Operational Excellence……………...………...… 5<br />
Quality Is Our Compass……………………………………..................... 5<br />
The “Wow” Concept………………………………………………..….... 5<br />
BJ’s Brand Vision…………………………………………………...…… 5<br />
BJ’s Seven C’s……………………………………………………...……. 6<br />
BJ’s 5 Principles of Professional Service…………………………...…… 6<br />
BJ’s Principles of World Class Restaurant Support…………..............…. 7<br />
BJ’s Restaurants Foundation………………………………………..…… 8<br />
Employment At Will………………………………………………..…… 9<br />
Equal Employment Opportunity………………………………................. 9<br />
Prohibition of Discrimination, Harassment, and Retaliation.…………..... 11<br />
Open Door Policy for Complaints and Suggestions…….…………...…... 14<br />
Appearance and Dress Code Standards………………………………..… 15<br />
Arbitration……………………………………………………......……… 17<br />
Attendance and Punctuality…...……………………………………...….. 18<br />
Bulletin Boards……………………...………………………………..…. 18<br />
Company’s Right to Team Members’ Work………………...……...…… 18<br />
Company Property……………...………………………...…………….... 19<br />
Confidential Information ………………………………..............………. 19<br />
Conflicts of Interest……………………………………………….….….. 20<br />
Corporate Identity……………………………………………………...... 20<br />
Disciplinary Action…………………………………………………….... 21<br />
Driver Safety and Rules of the Road…………………...……………...… 23<br />
Drug and Alcohol Free Workplace……………………………...…...…... 26<br />
Drug Testing…………………………………………………………....... 27<br />
Electronic Communications Systems………………..............…………... 27<br />
Employment Classifications………………...………………...…………. 31<br />
Employment of Relatives………………………………………..………. 32<br />
Employment References and Requests for Team Member Information.... 32<br />
Give-A-Slice Program………………………………………………..….. 32<br />
Health and Welfare Plans…………………………………..……………. 33<br />
Holidays………………………………...………………………...……… 33<br />
Hours Worked and Overtime………..………………………………….... 33<br />
Immigration Law Compliance…...……………………………………..... 34<br />
Job Duties…………………………………………………………..……. 34<br />
Leaves of Absence………...…………………………………………...… 34<br />
Liquor Liability...……………………………………………………..…. 39<br />
Meal Discounts…………………………...…………………...…………. 40<br />
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Meal and Rest Periods…………………………………...………...…….. 40<br />
Non-Fraternization…………………………..………………...……….... 41<br />
Payday……………………………………………………..…………….. 42<br />
Payroll Records……………………………………….............…………. 42<br />
Performance Evaluations…………………………………………......….. 42<br />
Personal Belongings…………………………………………………..…. 43<br />
Personal Hygiene…………………………...……………………...…….. 43<br />
Personnel Records…………………………………………………..…… 44<br />
Recognition Program…………………………………………..............… 45<br />
Reduction in Workforce……………………………..………………....... 45<br />
Release and Waiver of Liability…..……………………….…………….. 45<br />
Safety……………...………………………………………………...…… 46<br />
Security…………...…………………………………………………...…. 46<br />
Smoking………………………………………………………...…...…… 47<br />
Solicitation/Distribution of Literature………………………………….... 47<br />
Standards of Business Conduct/Code of Integrity, Ethics and Conduct… 47<br />
Team Member Assistance Program…………………………………….... 48<br />
Tip Reporting……………………………………………...………...…… 48<br />
Vacations…………..………………………………………….………..... 50<br />
Weapons………………………………………………….………....…… 52<br />
Work Area Maintenance……………………………………………...….. 53<br />
Workplace Violence………….……………………….............…………. 53<br />
Workday and Workweek Definitions…………………...…………...…... 54<br />
Work Schedules………...………………………………………...……… 54<br />
Workers’ Compensation……...……………………………………...…... 54<br />
State-Specific Leave Addendum…………………………………..…….. 55<br />
Let’s Get Started……………………………...……………………...…... 68<br />
Handbook Acknowledgement and Agreement……………………...….... 69<br />
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Welcome from BJ’s Restaurants, Inc.’s Senior Leadership Team<br />
Welcome to BJ’s! We’re very glad to have you with us. You have now<br />
joined a team of thousands of BJ’s team members across the country who<br />
share a common bond and objective – to build BJ’s into a nationally<br />
respected and admired restaurant concept and company with exceptional<br />
quality, differentiation and value for our guests.<br />
There are only three types of team members at BJ’s: (1) those that serve our<br />
guests, (2) those that serve those who serve our guests, and (3) those that<br />
make it possible for us to serve even more guests. Wherever we work at<br />
BJ’s -- in our restaurants, breweries or home office -- we are all linked<br />
together in our process of guest service. The only reason that BJ’s exists is<br />
to serve our guests. Accordingly, we have a mindset of absolute guest<br />
satisfaction at our Company.<br />
At BJ’s, we’re also working very hard not to be just another casual dining<br />
restaurant operation. There are literally thousands of casual dining chain<br />
restaurants in America today. Many of these “cookie cutter” restaurants<br />
have gradually become tired and worn out over the years. They’ve lost much<br />
of their energy, their points of differentiation and their overall relevance for<br />
the consumer. Their food and beverages have not remained current with the<br />
latest trends. Nor have they maintained good levels of quality in their<br />
recipes and ingredients. Their facilities have not evolved to remain<br />
contemporary. Their service levels are generally inattentive, slow and<br />
mediocre. In short, many of these restaurants have drifted “out of warranty”<br />
with today’s consumer. Maybe you previously worked at one of these<br />
restaurants and experienced this first-hand.<br />
Now you are at BJ’s! We actually want you to think differently here at BJ’s.<br />
Think quality…quality…quality at BJ’s in every detail. Our restaurant<br />
concept is fresh and contemporary, with high energy, and is often “the place<br />
to be” in the communities that we serve. Our food and beverages are of high<br />
quality and are offered in a wide variety of menu items. Our signature<br />
products – our pizza, handcrafted beers and our Pizookie® – are well known<br />
and admired by consumers. Our restaurant facilities are among the best in<br />
America – with careful attention to high quality furnishings, audio and visual<br />
capabilities, and all guest service areas. We probably use more technology<br />
in our restaurants than any of our competitors to help us deliver a “gold<br />
standard” dining experience to every guest. We want our guests to believe<br />
they are always receiving a $25.00 dining experience for half the price! As<br />
long as our guests believe that about BJ’s, we’ll have a line of guests waiting<br />
when we open our doors every day.<br />
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At BJ’s, we also feel strongly about integrity, respect and accountability.<br />
We must be honest at all times, treat others with respect and dignity, and<br />
honor our commitments and obligations to each other. Our word is our<br />
bond. High ethical and professional standards will drive every decision that<br />
we make and every action that we take. After all, we operate at the highest<br />
level of the American restaurant business – the public company restaurant<br />
business. We are held to higher standards at BJ’s, and we will live up to<br />
them.<br />
At BJ’s, always remember that we’re sales builders – first and foremost.<br />
Some restaurant concepts try to save their way to success or price their way<br />
to success. At BJ’s, we will grow our way to success by building sales in a<br />
productive and efficient manner. We want all of our team members to have<br />
a sales-building mentality when they come to work with us. If we err, we<br />
will always err on the side of building sales. As long as we have the sales,<br />
we’ll have the opportunity to provide even more productive and efficient<br />
service to our guests.<br />
This handbook was developed to describe many of our expectations for team<br />
members at BJ’s and to outline the key policies, programs and guidelines<br />
that we utilize to effectively operate our restaurants and Company. It is the<br />
latest and most complete written expression of our key philosophies,<br />
principles and practices. Please take the time to familiarize yourself with all<br />
of the information in this handbook.<br />
Again, welcome to BJ’s. We’re glad that you are on our team!<br />
BJ’s Senior Leadership Team<br />
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Handbook Overview<br />
This handbook provides you with important information about your<br />
employment with BJ’s. You are expected to be familiar with its contents.<br />
Every effort has been made to make this handbook a general reference guide<br />
to our policies, procedures and benefits. Although everything could not be<br />
included in this one handbook, we have summarized some of the most<br />
important information for your reference. Please feel free to ask your<br />
immediate supervisor, your General Manager, your Area Vice<br />
President/Director of Operations, or the Human Resources Department any<br />
questions you may have regarding your employment, any procedures,<br />
policies or benefits.<br />
This handbook contains information about BJ’s employment policies and<br />
practices in effect at the time of publication. The Company reserves the<br />
right to revise, modify, delete or add to any policies, procedures, work rules<br />
or benefits stated in this handbook. All such revisions, modifications,<br />
deletions or additions will be made in writing and communicated to<br />
Company team members. No verbal statements or conduct can change or<br />
alter provisions of this handbook.<br />
This handbook supplements the provisions of the Arbitration Agreement,<br />
Confidentiality Agreement and Code of Integrity, Ethics and Conduct which<br />
every team member must sign as a condition of employment. All<br />
previously-issued handbooks and any contrary Company documents are<br />
superseded, except for the Arbitration Agreement, Confidentiality<br />
Agreement and Code of Integrity, Ethics and Conduct you sign. This<br />
handbook and those agreements set forth the entire agreement between the<br />
team member (that’s you!) and the Company as to duration of your<br />
employment and the circumstances in which your employment may be<br />
terminated. In the case of any contradiction between this handbook and any<br />
Employment, Arbitration, Confidentiality Agreement(s), or the Code of<br />
Integrity, Ethics and Conduct entered into by a team member and the<br />
Company, the terms of the written and executed Agreement will prevail.<br />
Nothing in this employment handbook, or any other personnel document,<br />
including any benefit plan descriptions, creates or is intended to create a<br />
promise or representation of continued employment for any team member.<br />
As set forth in the Employment At Will policy, all employment at the<br />
Company is on an at-will basis.<br />
Please keep this handbook in a safe and convenient place so that you can<br />
refer to it at a later date. If you lose your copy, you may ask your General<br />
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Manager for access to a copy kept in the Managers’ office or may contact the<br />
Human Resources Department to request a new copy.<br />
BJ’s History<br />
It was 1978 when two guys who had a great recipe for deep dish pizza<br />
opened the first BJ’s Chicago Pizzeria in Santa Ana, California. The pizza<br />
was an immediate hit and as years went by, new BJ’s restaurants were<br />
opened in beach cities along Southern California’s coastline. In 1996, with<br />
seven restaurants in operation from San Diego to Los Angeles, the first BJ’s<br />
brewery began production in our Brea, California restaurant. Guests<br />
welcomed the introduction of fine handcrafted beer, and the newly renamed<br />
BJ’s Restaurant & Brewery concept was launched. New menu items and<br />
new beers have been added through the years as the BJ’s brand has expanded<br />
across the U.S.<br />
Our passionate desire to provide extraordinary value for our guests in a highenergy,<br />
fun, child-friendly environment, along with a sincere commitment to<br />
support the communities in which we do business, goes to the heart of what<br />
differentiates BJ’s from other restaurants.<br />
Our success is maintained with careful attention to outstanding quality and<br />
service. We believe that every detail makes the difference in providing a<br />
great experience for our guests. As a member of the team, it is essential that<br />
you understand and maintain these standards. We will provide you with all<br />
the information, training and development that we believe you need to be<br />
successful at your job. In return, we ask you to have the right attitude, work<br />
hard and take pride in everything that you do each and every day with every<br />
team member and guest with whom you come in contact.<br />
Once again, welcome to our Company, and just think…soon you will be<br />
making history with legendary stories about your service at our Company!<br />
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BJ’s Gold Standard of Operational Excellence<br />
Our genuine commitment is to take pride in passionately connecting with<br />
every guest, on every visit, through flawless and relentless execution of<br />
every detail during every shift – To create and keep fanatical fans of BJ’s<br />
concept and brand.<br />
Quality is Our Compass<br />
The “WOW” Concept<br />
BJ’s is very excited that you have chosen to be part of our growing team.<br />
You are joining a company that has very high standards for food quality,<br />
team member performance, and, most importantly, guest service. We pride<br />
ourselves on serving superior food and fresh handcrafted beers in a casual<br />
and lively environment that makes our guests leave saying, “WOW, I love<br />
this place!”<br />
BJ’s Brand Vision<br />
To be the very definition of “Wow” for the casual dining experience.<br />
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BJ’s Seven C’s<br />
We strive to say “yes” to every request from our guests. We make a sincere<br />
commitment to provide a hassle-free, personalized and totally enjoyable<br />
dining experience. We invite our guests to enjoy anything they want,<br />
prepared and served exactly the way they want it. We have the courage to<br />
put quality and guest satisfaction ahead of cost. If our food and beverages<br />
are not right or don’t look right, we don’t serve them. We want to create an<br />
emotional connection with our guests to earn their loyalty and trust. BJ’s is<br />
a welcoming, caring, dependable, high-energy and fun casual restaurant.<br />
But, we never confuse a casual restaurant with casual operation of the<br />
restaurant. We do whatever it takes to consistently and correctly serve highquality<br />
food and beverages in a high-quality environment for our guests, and<br />
we always do our best to control what we can control. We are also<br />
unwavering in the support of the communities that support our restaurants.<br />
BJ’s 5 Principles of Professional Service<br />
1. A warm and sincere welcome<br />
2. Positive eye contact and smiles – you are on stage<br />
3. Anticipate the needs of every guest<br />
4. A warm and sincere goodbye and thank you<br />
5. We never lose a guest<br />
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BJ’s Principles of World Class Restaurant Support<br />
Our Home Office team members are committed to providing exceptional<br />
support to our restaurant team members and will abide by these principles:<br />
1. We will respond promptly and sincerely to your needs and<br />
continuously strive to be service-minded in everything we do. We will never<br />
be satisfied with just satisfactory service.<br />
2. We will respect your time by not interrupting you during your time<br />
zone’s peak business times and will effectively communicate with you in a<br />
clear, concise and consistent way.<br />
3. Whenever possible, we will have an actual person, not a machine,<br />
answer your calls, direct them to the proper department and strive to respond<br />
efficiently and courteously to all questions in a timely manner.<br />
4. We will work as a team so that each Home Office department<br />
understands the support that is required and that each team member is<br />
knowledgeable and accountable about his or her area of expertise. Our focus<br />
will be on constantly improving this team development resulting in<br />
continued better service to our operators.<br />
5. We will correct support issues or concerns evidenced by the<br />
Manager Satisfaction Surveys conducted twice a year and will at all times<br />
listen and respond to your points of view.<br />
6. We will always be respectful and reliable when it comes to your<br />
support needs and will always honor our commitments to our restaurants and<br />
to our colleagues.<br />
7. Each Home Office team member will participate in an Operations<br />
Exchange where we will spend time periodically in your restaurants to better<br />
understand your operational challenges.<br />
8. We will effectively prioritize all of our support activities so that<br />
answers to questions or resolutions of problems are done in a timely manner.<br />
9. We will carefully manage all necessary changes and rollouts to our<br />
restaurants so as not to waste time, energy or resources.<br />
10. We will remember at all times that we share a common goal to<br />
exceed our guests’ expectations at a Gold Standard of Operational<br />
Excellence.<br />
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BJ’s Restaurants Foundation<br />
A vital part of BJ’s culture has always centered around giving back to the<br />
communities in which we do business. As our company grew and as more<br />
restaurants were added across the country, BJ’s Chairman and CEO, Jerry<br />
Deitchle, proposed the formation of a charitable, restaurant-supported<br />
foundation that would focus on continuing BJ’s long-standing commitment<br />
to being a good corporate citizen – a foundation that would support<br />
charitable and humanistic programs in our restaurant communities. Simply<br />
put: one that would do more good things for more people. In mid-2006, the<br />
Foundation became a reality. Currently, the Foundation (your Foundation) is<br />
involved with the following programs and activities:<br />
New Restaurant Openings<br />
On behalf of our new restaurants, the Foundation invites guests from nearby<br />
communities and the local chambers of commerce to attend our charity and<br />
training events that take place a few days prior to each new restaurant’s<br />
grand opening day. Giving our team members an opportunity to put final<br />
touches on their weeks of training, invited guests are treated to<br />
complimentary food and are then asked to make a voluntary donation to BJ’s<br />
primary charity, the Cystic Fibrosis Foundation.<br />
BJ’s TASC Force<br />
Team members from our restaurants and home office voluntarily participate<br />
in TASC Force (Team Action To Support Communities) events,<br />
volunteering during their own free time to benefit a charitable cause or<br />
community event. In just its second year, our TASC Force program received<br />
from the National Restaurant Association its prestigious national Restaurant<br />
Neighbor Award in the large business category. Our TASC Force teams<br />
have helped fulfill the wishes of special needs kids, placed flags in a national<br />
cemetery by the graves of fallen soldiers, painted over unsightly graffiti,<br />
helped clean up beaches, parks and school grounds, hosted blood drives,<br />
worked with Special Olympics, painted houses for elderly citizens,<br />
supported Habitat for Humanity and re-built playgrounds, worked at food<br />
banks, participated in fundraising runs and walkathons, and delivered food to<br />
families in need.<br />
Our TASC Force team members do this on their own time, and they do it as<br />
a team. They do it because it is simply the right thing to do, and they<br />
inevitably come away as better individuals and more responsible citizens.<br />
Also, in recognition of our volunteer teams, our Foundation provides<br />
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monetary donations to many of the charities supported by our team<br />
members.<br />
Cookies for Kids<br />
The Cookies for Kids program donates a portion of all Pizookie® sales to the<br />
Cystic Fibrosis Foundation. During calendar year 2010, this companysponsored<br />
donation, in addition to other monetary support provided to CFF<br />
by our Company and your Foundation, exceeded $525,000. During calendar<br />
year 2011, the Company and Foundation will raise approximately $560,000<br />
for CFF. BJ’s is very proud of its donations to CFF throughout the years,<br />
which now amount to more than $5,000,000!<br />
Employment At Will<br />
“Employment at will” means that when you accept employment with our<br />
Company, there is no contract of continued employment. You have the right<br />
to quit at any time and for any reason if you want. Likewise, the Company<br />
can terminate your employment at any time with or without cause or advance<br />
notice.<br />
“Employment at will” also means that the Company may modify the terms<br />
and conditions of your employment at any time with or without cause or<br />
advanced notice. The terms and conditions that are subject to change by the<br />
Company include, but are not limited to, termination, demotion, promotion,<br />
transfer, compensation, benefits, duties and locations of work.<br />
Only the Chief Executive Officer of the Company has the authority to alter<br />
this arrangement of “employment at will” or to make any agreement limiting<br />
the Company’s discretion to terminate employment or modify the terms and<br />
conditions of employment. Any understanding or agreement of employment<br />
other than “at will” as provided above must be in writing and signed by both<br />
the team member and the Chief Executive Officer of the Company. This<br />
policy is not subject to change by any other manner.<br />
Equal Employment Opportunity<br />
BJ’s is firmly committed to the practice of equal opportunity employment<br />
and makes employment decisions based on merit. It is our policy to prohibit<br />
discrimination against anyone because of race, color, religion, sex, sexual<br />
orientation, gender identity, marital status, age, national origin or ancestry,<br />
physical or mental disability, medical condition, genetic characteristics,<br />
pregnancy, protected veteran status or any other legally protected status<br />
under federal, state, or local laws. This policy extends, but is not limited to,<br />
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January 2012
ecruitment and employment, promotion, demotion, transfer, layoff,<br />
termination, rates of pay and other forms of compensation, education, and<br />
training.<br />
This policy also prohibits team members from harassing any other team<br />
member, guest, or other person in the course of the Company’s business for<br />
any reason including, but not limited to, race, color, religion, sex, sexual<br />
orientation, gender identity, marital status, age, national origin or ancestry,<br />
physical or mental disability, medical condition, genetic characteristics,<br />
pregnancy, protected veteran status or any other basis prohibited by federal,<br />
state, or local laws.<br />
The Human Resources Department and all members of Management are<br />
responsible for the administration of this policy by abiding by the following<br />
guidelines:<br />
1. All personnel decisions must be made without prejudice or discrimination<br />
in accordance with the principles of equal opportunity summarized above.<br />
2. Retaliation against a team member who has made a reasonable, good faith<br />
complaint about the violation of discrimination/harassment law, or any other<br />
law, or has cooperated with an investigation of such a complaint is strictly<br />
prohibited.<br />
3. Team members who reasonably believe that they have been harassed,<br />
discriminated, or retaliated against in violation of this policy or any<br />
applicable law have an obligation to promptly report the facts of the incident<br />
and the name(s) of the person(s) involved to the Team Member Relations<br />
Department. Every report will be investigated.<br />
4. Team members who believe they have observed harassment,<br />
discrimination, or retaliation directed at others have an obligation to<br />
promptly report the facts of the incident and the name(s) of the person(s)<br />
involved to the Team Member Relations Department. Every report will be<br />
investigated.<br />
5. Alternatively, team members may call the Team Member Hotline at any<br />
time, day or night, by dialing 1-877-510-0257 or by going to<br />
www.bjsteammemberhotline.com.<br />
Disciplinary action, up to and including termination, will be warranted if a<br />
team member fails to adhere to the provisions of this policy.<br />
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Prohibition of Discrimination, Harassment, and Retaliation<br />
The Company forbids any unwelcome conduct that is based on an<br />
individual’s race, color, religion, sex, sexual orientation, gender identity,<br />
marital status, age, national origin or ancestry, physical or mental disability,<br />
medical condition, genetic characteristics, pregnancy, protected veteran<br />
status or any other legally protected status of an individual or that<br />
individual’s associates or relatives. The Company is committed to providing<br />
a work environment that is free of unlawful discrimination, including<br />
harassment that is based on any legally protected status. The Company will<br />
not tolerate any form of harassment that violates this policy.<br />
This anti-discrimination and anti-harassment policy applies to all team<br />
members involved in the operation of the Company and prohibits harassment<br />
by any team member of the Company, including supervisors and co-workers.<br />
In addition, these policies also extend to protect our team members from the<br />
harassment by guests, vendors or others doing business with the Company.<br />
If harassment occurs on the job by someone not employed by the Company,<br />
the procedures in this policy should be followed as if the harasser were a<br />
team member of the Company.<br />
Definition of Sexual Harassment<br />
Federal and state laws define sexual harassment as unwanted sexual<br />
advances, requests for sexual favors or visual, verbal or physical conduct of<br />
a sexual nature when submission to such conduct is made a term or condition<br />
of employment, or rejection of such conduct is used as a basis for an<br />
employment decision affecting the individual, or such conduct has the<br />
purpose or effect of unreasonably interfering with a team member’s work<br />
performance or creating an intimidating, hostile or offensive working<br />
environment.<br />
The following is a partial list of sexually harassing behaviors:<br />
• Unwanted sexual advances.<br />
• Offering employment benefits in exchange for sexual favors.<br />
• Withholding employment benefits due to a refusal to participate in sexual<br />
activity.<br />
• Making or threatening retaliation after a negative response to sexual<br />
advances.<br />
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January 2012
• Sending or forwarding e-mail messages, text messages, tweets, etc. of a<br />
sexual or inappropriate nature.<br />
• Posting content of a sexual or inappropriate nature on social media<br />
websites.<br />
• Visual conduct of a harassing nature including but not limited to leering,<br />
making sexual gestures, displaying sexually suggestive objects or pictures,<br />
cartoons, posters, internet web pages or screen savers.<br />
• Verbal conduct of a harassing nature including but not limited to making<br />
or using derogatory sexual comments, slurs, sexually explicit comments or<br />
jokes, inappropriate comments about a team member’s body or dress.<br />
• Verbal sexual advances or propositions.<br />
• Verbal abuse of a sexual nature, graphic verbal commentary about an<br />
individual’s body, sexually degrading words to describe an individual,<br />
suggestive or obscene letters, notes, invitations or e-mail messages.<br />
• Physical conduct of a sexual nature including touching, assaulting,<br />
impeding or blocking movements.<br />
• Retaliation for reporting harassment or threatening to report harassment.<br />
It is unlawful for males to sexually harass females or other males and for<br />
females to sexually harass males or other females. Harassment is prohibited<br />
whether it involves co-worker harassment, harassment by a supervisor, or<br />
harassment by persons doing business with or for the Company.<br />
Discrimination And Harassment Complaint Procedure<br />
BJ’s will take all reasonable steps to attempt to prevent discrimination and/or<br />
harassment from occurring in the workplace. The complaint procedure<br />
provides for an immediate, thorough and objective investigation of any<br />
discrimination and/or harassment claim, appropriate disciplinary action<br />
against anyone found to have engaged in prohibited discrimination and/or<br />
harassment, and appropriate remedies to any victim of harassment.<br />
Team members who believe they have been harassed on the job, including<br />
by persons doing business with or for the Company, should provide a written<br />
or verbal complaint to their supervisor. Team Members may also submit a<br />
written complaint to the Team Member Relations Department at 7755 Center<br />
Ave., Suite 300, Huntington Beach, California 92647, call the Team Member<br />
Confidential and Proprietary 12<br />
January 2012
Hotline at 1-877-510-0257, or submit a complaint online by going to<br />
www.bjsteammemberhotline.com at any time, day or night.<br />
The Complaint should include:<br />
• Details of the incident(s)<br />
• Names of individuals involved<br />
• Names of any witnesses or other persons with knowledge of the incident(s)<br />
Every manager who learns of any team member’s concern about harassment,<br />
whether in a formal complaint or informally, must immediately report the<br />
issues raised to his or her own manager, the Director of Operations or Area<br />
Vice President, and to the Team Member Relations Department.<br />
Responsive Action<br />
All incidents of discrimination and/or harassment that are reported will be<br />
investigated promptly and thoroughly. The Company will attempt to keep<br />
the investigation confidential to the extent possible.<br />
Any team member of the Company, whether a co-worker or supervisor, who<br />
is found to have engaged in discrimination, harassment, or retaliation is<br />
subject to disciplinary action up to and including immediate termination.<br />
Any team member who engages in sexual harassment may be held<br />
personally liable for monetary damages.<br />
Non-Discrimination on the Basis of Disability or Medical Condition and<br />
Use of the Interactive Process To Reasonably Accommodate Disabled<br />
Individuals<br />
BJ’s is committed to principles of equal opportunity for all job applicants<br />
and team members. In keeping with this policy, the Company does not<br />
engage in impermissible discrimination based on any protected<br />
characteristic, including an individual’s disability or medical condition. It is<br />
BJ’s policy that no program or activity administered by the Company shall<br />
exclude from participation, deny benefits to, or subject to discrimination any<br />
individual solely by reason of his or her disability or medical condition.<br />
Equal employment opportunity will be extended to qualified disabled<br />
persons in all aspects of the employment relationship, including recruitment,<br />
hiring, training, promotion, transfer, discipline, layoff, recall, and<br />
termination.<br />
BJ’s will make reasonable accommodations for the known physical or<br />
mental limitations of an otherwise qualified disabled team member or<br />
Confidential and Proprietary 13<br />
January 2012
applicant in compliance with state and federal disability discrimination laws.<br />
As part of its commitment to make reasonable accommodations, the<br />
Company wishes to participate in a timely and good faith interactive process<br />
with any disabled applicant or team member to determine what effective<br />
reasonable accommodations, if any, can be made in response to a request for<br />
accommodation. Applicants and team members are invited to identify<br />
reasonable accommodations that can be made to assist them to perform the<br />
essential functions of the position they seek or occupy. They should contact<br />
the Team Member Relations Department as soon as possible to request the<br />
opportunity to participate in a timely interactive process. By working<br />
together in good faith, the Company hopes to implement any reasonable<br />
accommodations that are appropriate and consistent with its legal<br />
obligations. Please direct any questions concerning this policy to the Team<br />
Member Relations Department.<br />
Prohibition of Retaliation<br />
The Company prohibits retaliation against any team member by another<br />
team member or by the Company for utilizing the complaint procedure<br />
and/or for filing, testifying, assisting or participating in any manner in any<br />
investigation, proceeding, or hearing conducted by a federal or state<br />
enforcement agency. Any report of retaliation will be investigated in the<br />
same manner as the original complaint. Any team member who is found to<br />
have retaliated will be subject to disciplinary action up to and including<br />
termination. Team members who believe they have been retaliated against<br />
in any way by another team member or member of management must<br />
contact the Team Member Relations Department promptly.<br />
This policy does not mean, however, that a participant in an investigation<br />
will be protected from disciplinary action by the Company if he/she, through<br />
the process, is found to have violated a Company policy or the law or to have<br />
engaged in inappropriate workplace conduct.<br />
Open Door Policy for Complaints and Suggestions<br />
BJ’s promotes a working atmosphere in which you should feel free to talk<br />
with any member of your management team about work-related problems<br />
and suggestions. We feel confident that they will answer your questions,<br />
listen to your complaints or concerns about working conditions or treatment<br />
you feel you are receiving, and listen to your suggestions and ideas. If you<br />
need further assistance, please reach out to the Team Member Relations<br />
Department or the Team Member Hotline. We can’t always implement<br />
every idea or suggestion but if you don’t share yours with us, we will never<br />
know if your idea was the one that could make the difference at BJ’s!<br />
Confidential and Proprietary 14<br />
January 2012
1. Any complaints or ideas should be initially handled, if reasonable or<br />
possible, within a team member’s restaurant. A team member should discuss<br />
a work-related problem with his or her immediate supervisor as soon as<br />
possible, unless it would be unreasonable or inappropriate to do so.<br />
2. If the complaint is not resolved to the team member’s satisfaction or the<br />
team member does not feel comfortable directing the complaint to his/her<br />
immediate supervisor, a team member may contact the restaurant’s General<br />
Manager or Director of Operations/Area Vice President.<br />
3. Team members also may submit a complaint to the Team Member<br />
Relations Department in writing at 7755 Center Avenue, Suite 300,<br />
Huntington Beach, CA, 92647, or may call the Team Member Relations<br />
Department at 1-714-500-2400.<br />
4. Team members also may call the Team Member Hotline at 1-877-510-<br />
0257 or may submit a complaint online by going to<br />
www.bjsteammemberhotline.com at any time, day or night. These<br />
submissions may be made anonymously.<br />
5. Retaliation against a team member who has made a reasonable, good faith<br />
complaint, or has cooperated with an investigation of such complaint, is<br />
strictly prohibited as set forth in the Retaliation policy.<br />
Appearance and Dress Code Standards<br />
It is important that your appearance reflects the high level of professionalism<br />
that our Company expects of all team members. You should take pride in<br />
your appearance and in your personal hygiene. Each team member is<br />
expected to report for work looking sharp,<br />
professional and clean.<br />
Your managers will provide you with current attire and appearance standards<br />
that apply to the position for which you were hired. However, the Company<br />
does have some standard guidelines that all team members are asked to<br />
comply with when working to ensure a high level of safety and<br />
professionalism.<br />
Jewelry/Piercings/Tattoos<br />
• Jewelry: Dining room team members may wear one necklace inside your<br />
shirt, one bracelet and one ring on each hand. Holiday pins, earrings, and<br />
Confidential and Proprietary 15<br />
January 2012
necklaces will be allowed with your manager’s approval. For safety reasons,<br />
kitchen team members may not wear any jewelry other than a wedding ring.<br />
• Watches: One watch may be worn. Fabric watchbands must be clean.<br />
• Body piercings/Tattoos: No visible body piercings or tattoos are allowed<br />
including but not limited to nose rings, eyebrow rings, tongue studs and earlobe<br />
spacers. Tattoos must be covered by a long sleeve shirt.<br />
• Band-aids may not be worn to cover jewelry, piercings or tattoos that do<br />
not meet our standards.<br />
Female Appearance Standards<br />
• Hair must be secured in a neat, conservative ponytail or braid if it touches<br />
the shoulders. Wild or messy-looking hair is not permitted. Hair color must<br />
be natural and root growth maintained to match the color/style of your hair.<br />
• Makeup must be natural, not overpowering. Only subtle colors of lipstick<br />
and eye shadow are allowed. No excessive perfume or cologne is permitted.<br />
• Nails must be clean and trimmed, no longer than ¼ inch. Nail polish must<br />
be maintained without chips. Neon colors, black polish, and nail ornaments<br />
are not permitted.<br />
• Earrings may be no larger than a nickel in size. Two small studs totaling a<br />
nickel’s size may be worn.<br />
Male Appearance Standards<br />
• Hair must be cut above the back of your collar, be neat in style and<br />
appropriate for the food service industry. Kitchen team members may have<br />
hair longer than the collar as long as it is in a ponytail and either tucked<br />
underneath a hat or hair net. Hair color must be natural and root growth<br />
maintained to match the color/style of your hair.<br />
• Facial hair must be clean-shaven when you arrive at work. Moustaches<br />
and goatees must (a) be fully grown-in (no stubble), i.e., must be grown<br />
during time off work, (b) consist of a traditional moustache only, neatly<br />
trimmed and not extending below the corner of your mouth, or (c) consist of<br />
a traditional goatee only, Van Dyke style, neatly trimmed, “full” around chin<br />
with no shaved gaps. All other styles of beards are not permitted.<br />
Confidential and Proprietary 16<br />
January 2012
• Sideburns must be conservative. They may not extend past the bottom of<br />
the ear and may not “v-out.”<br />
• Nails must be clean and trimmed at all times without polish.<br />
• No apparent makeup is allowed. No excessive cologne is permitted.<br />
• No earrings are allowed.<br />
When in doubt about something you are going to wear to work, it is<br />
recommended you bring it to work and seek approval from your General<br />
Manager. Management reserves the right to give final approval on a team<br />
member’s appearance while at work. Repeated violations of guidelines may<br />
result in disciplinary action up to and including termination.<br />
If a team member requires an accommodation relating to the appearance<br />
standards for any reason including but not limited to disability, religion, or<br />
gender identity, the team member should notify the Team Member Relations<br />
Department about the requested accommodation.<br />
Arbitration<br />
The Company believes that a prompt and fair resolution of any employmentrelated<br />
dispute is in the best interests of both BJ’s and each team member.<br />
Accordingly, as a condition of, and as consideration for the offer of<br />
employment, team members and BJ’s agree to participate in binding<br />
arbitration of disputes – as provided below and in the binding arbitration<br />
agreement (“Arbitration Agreement”) with each team member – as the<br />
exclusive means of resolving almost all employment disputes.<br />
With the exception of workers’ compensation claims, claims for<br />
unemployment insurance compensation, and claims for injunctive relief,<br />
legal claims of any kind or description arising out of or relating to<br />
employment with the Company or termination from employment with the<br />
Company, including claims for harassment, discrimination, and/or wages<br />
and penalties, shall be subject to the Mutual Arbitration Agreement between<br />
each team member and the Company and exclusively resolved in accordance<br />
with the current arbitration rules of JAMS or the American Arbitration<br />
Association applicable to employment disputes (as set forth in the<br />
Arbitration Agreement), pursuant to the laws of the state in which you work.<br />
The terms governing this policy and the agreement to arbitrate disputes<br />
between the team member and the Company are specifically set forth in the<br />
Arbitration Agreement that must be signed by the team member on the first<br />
day of employment.<br />
Confidential and Proprietary 17<br />
January 2012
THE SUBMISSION TO FINAL AND BINDING ARBITRATION IS AN<br />
EFFECTIVE WAIVER BY THE COMPANY AND THE <strong>TEAM</strong> <strong>MEMBER</strong><br />
OF ANY RIGHT TO A JURY TRIAL AND/OR TO FILE A LAWSUIT OR<br />
OTHER CIVIL ACTION TO RESOLVE EMPLOYMENT DISPUTES.<br />
Attendance and Punctuality<br />
All team members are expected to be regular and punctual in attendance.<br />
Any unexcused tardiness or absences cause problems for your fellow team<br />
members and managers and affect your restaurant’s ability to execute its<br />
functions. Please notify your immediate supervisor as early as possible if<br />
you are unable to work or if you will be late.<br />
Excessive absenteeism or tardiness (unless excused by law) will not be<br />
tolerated. Continuing patterns of absences or tardiness, regardless of the<br />
exact number of days, may warrant disciplinary action, up to and including<br />
termination of employment, in the discretion of the Company. Please<br />
contact your supervisor for specific information regarding call-in procedures<br />
at your restaurant.<br />
Bulletin Boards<br />
Bulletin boards are reserved for the exclusive use of the Company for<br />
posting authorized work-related notices or for notices which must be posted<br />
pursuant to federal, state and local law. From time to time, special notices<br />
and information for team members will be posted by the Company on the<br />
bulletin boards or in team member break areas. Bulletin boards are not to be<br />
used for materials other than described above. Please check the boards and<br />
team member break areas regularly for such notices.<br />
Company’s Right to Team Members’ Work<br />
During your employment you may be asked to “create” and/or participate in<br />
a contest that results in the Company utilizing your “work.” If such an<br />
occurrence should happen, the Company exclusively owns all rights, title<br />
and interest in the creation. This is inclusive of all property and intellectual<br />
property rights therein, including, but not limited to, all trademarks, service<br />
marks, copyrights, patents, recipes, software applications, and processes<br />
(whether tangible or intangible) therein and thereto (“Intellectual Property”)<br />
for the life of the Intellectual Property including all extensions and renewals.<br />
In addition, by accepting employment subject to the terms of this handbook<br />
and any other agreement entered into, you agree to irrevocably and<br />
Confidential and Proprietary 18<br />
January 2012
perpetually assign to the Company all right, title and interest of any kind or<br />
nature (including any and all copyrights therein), throughout the universe, to<br />
the extent the Company does not otherwise own such rights. All such<br />
material may be exploited and otherwise used by the Company, the<br />
Company’s assigns and/or licensees in any manner now known or hereafter<br />
devised, throughout the universe in perpetuity, without restriction of any<br />
kind and without payment, compensation, or any other liability or obligation<br />
whatsoever to team members. You expressly waive all rights, if any,<br />
including all “moral rights” in connection therewith.<br />
Company Property<br />
Company property, including but not limited to documents, electronic<br />
records, office supplies and clothing, may be used only in connection with<br />
Company business.<br />
Company property, including anything in waste containers, may not be<br />
removed from the Company premises without written approval by your<br />
immediate supervisor. A team member who fails to maintain Company<br />
property with care and in good repair or who loses Company property is<br />
subject to disciplinary action.<br />
When a team member leaves or is separated from the Company, the Human<br />
Resources Department or Management will account for and obtain all<br />
property, including Company documents that are in the team member’s<br />
possession. Team members must reimburse the Company for any property<br />
not returned.<br />
The unauthorized possession, use, or duplication of Company keys is<br />
prohibited. Team members must return Company keys upon demand by the<br />
Company and upon separation of employment. If a team member no longer<br />
has use for a key issued to him or her, the team member must return it to<br />
his/her immediate supervisor.<br />
Confidential Information<br />
Team members may not use or disclose Company proprietary or confidential<br />
information for their personal or non-Company purposes. Allowing access<br />
to any proprietary or confidential Company data by anyone without a<br />
legitimate business need to know is prohibited. Any unauthorized disclosure<br />
of confidential team member information, including but not limited to the<br />
disclosure of a team member’s telephone numbers, home addresses, and<br />
email addresses, is prohibited unless required by law. Any disclosure of<br />
Confidential and Proprietary 19<br />
January 2012
proprietary vendor information to anyone who does not have a need to know<br />
is prohibited.<br />
Team members may not answer questions from, or speak on behalf of the<br />
Company to, the press or third parties except when specifically authorized to<br />
do so or unless otherwise permitted by law. Any such requests from the<br />
press or other third parties should be directed to the Executive Vice President<br />
and Chief Financial Officer of the Company at 714-500-2400.<br />
Conflicts of Interest<br />
Situations in which actual or potential conflicts of interest may exist must be<br />
avoided. The Company will attempt to avoid assignments that involve actual<br />
or potential conflicts of interest as well as working relationships involving<br />
relatives or individuals with close personal relationships that could lead to<br />
complaints of favoritism, lack of objectivity, or team member morale and<br />
dissension problems that can result from such relationships. Team members<br />
must timely advise management of any potential conflicts of interest so that<br />
the Company can consider appropriate steps to avoid the potential conflict.<br />
Corporate Identity<br />
BJ’s trademark names or other identifying symbols (including stationery<br />
materials bearing such Company names or symbols) and other intellectual<br />
property may only be used with authorization in connection with official,<br />
authorized company business and may not be used by anyone to imply that<br />
the Company sponsors, endorses or is connected with any business, program,<br />
product, service, club or organization not part of or directly related to the<br />
Company’s business activities.<br />
Company marks, logos, stationery and corporate names must be used<br />
consistently and precisely only for standard, authorized, and commonly<br />
accepted business activity. No Company logo, mark, or corporate name may<br />
be used on any Company material without prior approval in writing.<br />
This applies without exception to all uses of Company logos, marks and<br />
names, including, for example, on stationery (such as letterhead, envelopes,<br />
business cards and note paper), reports, presentations materials, memoranda,<br />
websites, social media sites, blogs, Facebook, Twitter, email messages, fax<br />
cover sheets, articles of clothing, and other items.<br />
Please contact the Marketing Department at the Home Office to obtain<br />
advanced approval to use any Company logos or marks or new or existing<br />
Confidential and Proprietary 20<br />
January 2012
Company names for anything other than authorized standard and commonly<br />
accepted business activities.<br />
The following is not permitted:<br />
• The use of a logo different from those that have already been approved by<br />
the Company.<br />
• The use of Company logos, marks or names in conjunction with logos,<br />
marks, or names of non-Company entities or businesses.<br />
• Alteration of Company logos, marks and names in any manner.<br />
Disciplinary Action<br />
The Company expects the highest quality of work from its team members. If<br />
disciplinary action is necessary, the Company may, at management’s<br />
discretion, issue a verbal warning notice, a written warning notice, a<br />
suspension, a demotion, a termination, or any other means of discipline<br />
deemed appropriate by the Company under the circumstances. The<br />
Company may endeavor, in its discretion, to provide team members with<br />
reasonable opportunity to correct performance deficiencies, depending upon<br />
the circumstances. However, there are no standard or required disciplinary<br />
steps that the Company must follow. Conduct that is deemed inappropriate<br />
may lead to immediate termination without advance notice. Further,<br />
employment with the Company is at the mutual consent of the Company and<br />
the team member, and either party may terminate the “at-will” relationship at<br />
any time, with or without cause or advance notice. The Company’s use of<br />
various disciplinary measures is not meant to imply anything that might<br />
conflict with the “employment at will” status of all Company team members.<br />
Prohibited Conduct<br />
In order to assure orderly operations and provide the best possible work<br />
environment, the Company expects team members to follow rules of conduct<br />
that will protect the interests and safety of all personnel and the Company. It<br />
is not possible to list all the forms of behavior that are considered<br />
unacceptable in the work place, but the following are examples of conduct<br />
that may, in the discretion of the Company, result in disciplinary action, up<br />
to and including immediate termination of employment:<br />
• Any act of discrimination or harassment, including but not limited to telling<br />
sexist, racist or otherwise discriminatory, inappropriate or offensive jokes;<br />
making racial, ethnic, sexist, ageist or otherwise demeaning slurs or<br />
comments; engaging in abusive or disrespectful conduct; posting, displaying<br />
or disseminating pornographic or otherwise offensive materials or e-mails in<br />
Confidential and Proprietary 21<br />
January 2012
the workplace; and viewing offensive or inappropriate films or written<br />
material in the workplace.<br />
• Dishonesty, falsification, alteration, or misrepresentation of information on<br />
Company records including but not limited to on our application for<br />
employment, a request for leave of absence, time records, or other<br />
information or data requested by the Company.<br />
• Violating a confidentiality agreement made with the Company including<br />
but not limited to giving confidential or proprietary Company information to<br />
competitors, other organizations, or to unauthorized Company team<br />
members or others or breaching confidentiality of personnel information.<br />
• Malicious gossip and/or spreading rumors, engaging in behavior designed<br />
to create discord and lack of harmony, interfering with another team member<br />
on the job, or restricting work output or encouraging others to do the same.<br />
• Insubordination or refusing to obey instructions properly issued by your<br />
supervisor pertaining to your work or a special assignment.<br />
• Producing unsatisfactory or careless work, failing to meet the Company’s<br />
production or quality standards, making mistakes due to carelessness or<br />
failure to obtain and follow necessary instructions, or unsatisfactory effort or<br />
performance.<br />
• Engaging in an act of sabotage or violence or causing the destruction or<br />
damage of Company property or the property of fellow team members,<br />
suppliers, or visitors in any manner.<br />
• Threatening, intimidating, or coercing fellow team members on or off the<br />
premises.<br />
• Failing to cooperate during an investigation.<br />
• Acting in a negligent or careless manner which endangers the life or safety<br />
of another person.<br />
• Being intoxicated or under the influence of an unauthorized or illegal<br />
substance or drugs while at work.<br />
• Using, possessing or selling a controlled substance or unlawful drugs in<br />
any quantity while on Company premises with the exception of use or<br />
possession of authorized medications prescribed by physicians which do not<br />
impair work performance or pose a safety risk at work.<br />
Confidential and Proprietary 22<br />
January 2012
• Theft of Company property or the property of fellow team members or<br />
other unauthorized possession or removal of any Company property -<br />
including documents - from the premises without prior permission from<br />
management.<br />
• Unauthorized use of Company equipment or property for personal reasons<br />
or personal profit.<br />
• Using obscene, foul, inappropriate or abusive language or<br />
disorderly/antagonistic conduct toward any co-worker, client, guest or team<br />
member on Company premises.<br />
• Violating the Company’s Electronic Communications Systems or Social<br />
Media Policy including but not limited to misuse of a Company electronic<br />
communication device, including the Internet and Worldwide Web.<br />
• Exhibiting an inappropriate attitude at work.<br />
• Unauthorized use of fire alarms.<br />
• Violation of any other Company rule or policy.<br />
• Any other conduct at work deemed inappropriate by the Company that is<br />
not otherwise protected by law.<br />
Driver Safety and Rules of the Road<br />
The following information applies to anyone who is driving while on the<br />
clock for BJ’s.<br />
• Drivers must comply with all laws including but not limited to: traffic<br />
lights/signs, turning/ merging/ yielding, speed limits, direction of traffic, and<br />
parking.<br />
• Seatbelts must be worn at all times when the vehicle is in operation.<br />
• No driver shall drive a car when his/her ability may be impaired, affected<br />
or influenced by alcohol, illegal drugs, fatigue, injury or prescribed/over-thecounter<br />
medication.<br />
• Drivers must abide by all federal, state and local motor vehicle laws and<br />
ordinances regarding registration, licensing and operation.<br />
Confidential and Proprietary 23<br />
January 2012
• The driver’s vehicle must be maintained in safe driving conditions. A pretrip<br />
inspection should be conducted prior to departing to ensure the safety of<br />
the vehicle.<br />
• Drivers are encouraged to drive vehicles with air bags and ABS brakes.<br />
• Cellular phones, pagers and other communication devices should only be<br />
used when the vehicle is parked.<br />
• Hands free devices for cell phones are required when using cellular<br />
phones.<br />
• Texting or sending email messages is prohibited.<br />
• Drivers are responsible for all Company property.<br />
• Keep the doors locked when not in the vehicle. The Company will not<br />
reimburse drivers for any stolen personal property.<br />
• All tickets and violations are the responsibility of the driver and not BJ’s.<br />
• Be safe at all times. Avoid tailgating and excessive lane changing. Be<br />
aware of changes in weather and how it affects driving. Utilize mirrors and<br />
double-check windows to avoid blind spots.<br />
• In the event you have a flat tire, please utilize flares or reflective triangles<br />
so you are safe when changing the tire.<br />
Safe Food Handling Procedures for Drivers<br />
Drivers must practice the same food safety practices that are required of all<br />
team members in the restaurant. These include, but are not limited to:<br />
• Keep hot and cold foods separate. In addition, carefully pack food to<br />
reduce the possibility of spillage and/or cross contamination.<br />
• Keep food out of the temperature danger zone of 41-141 degrees. Utilize<br />
thermometers to perform a quality check of temperature.<br />
• Utilize food handler gloves when touching all food to avoid cross<br />
contamination. Disregard gloves after a single use.<br />
• Keep food out of direct sunlight and try to pack it inside a vehicle rather<br />
than in the back of a truck.<br />
Confidential and Proprietary 24<br />
January 2012
• At the end of the shift and prior to using again, make sure all coolers and<br />
equipment are clean and sanitized.<br />
Vehicle Inspection<br />
Every 30 days your manager will complete a vehicle safety check. This<br />
includes but is not limited to checking that lights, wipers, tire conditions and<br />
pressure, fluids, belts and brakes appear to be in safe condition. The driver’s<br />
registration, insurance and driver’s license must always be current and with<br />
the driver. If anything in the inspection is found in need of repair the team<br />
member has 10 days to take corrective action. Any team member not willing<br />
to have his/her vehicle inspected is not allowed to drive that vehicle for<br />
delivery.<br />
Pre-shift self inspections by team members and/or managers before each<br />
shift are encouraged for the safety of team members.<br />
Insurance Renewals<br />
Drivers agree as a condition of employment to maintain valid auto insurance<br />
on their vehicle with liability limits that meet state and Company standards.<br />
The policy expiration date is recorded and, one week prior to expiration, the<br />
driver will be contacted so that he/she can provide proof of continued<br />
insurance. Proof of insurance may be a copy of the declaration page of the<br />
new policy or similar documentation showing the insurance company name,<br />
the new expiration date, and the liability limits of insurance on the vehicle.<br />
Failure to provide evidence of new insurance on or before the expiration date<br />
will disqualify a driver from further work until the insurance can be verified.<br />
Driving Records<br />
Normally, Driver Motor Vehicle Reports (MVR’s) are updated and<br />
evaluated every six months as part of the Company’s insurance review.<br />
Exceptions include drivers with clean records (annual checks) and those on<br />
probation (8+MVR Marks), whose MVR’s are obtained every 90 days at the<br />
driver’s expense. Where available, the Company will subscribe to state<br />
services that provide continuous notification of drivers’ citations and<br />
accidents via fax or email.<br />
Accident Investigations<br />
All accidents will be investigated using an Accident Investigation Report<br />
Form to document the investigation results. Each accident will be ruled<br />
Confidential and Proprietary 25<br />
January 2012
either “preventable or non-preventable” according to the guidelines outlined<br />
in the Company’s safety manual. Drivers have ten (10) business days to<br />
appeal a determination that an accident was “preventable.” If appealed, the<br />
Accident Review Committee (see Safety Manual) will review the file and<br />
issue its final determination within thirty (30) days. The committee consists<br />
of a previously designated driver, manager from the Region and the<br />
Company’s HR representative who will chair the committee. The decision of<br />
the committee is final. If an accident is determined to be preventable, the<br />
appropriate corrective action will be determined at the discretion of the Area<br />
Vice President/Director of Operations.<br />
Preventable versus Non-Preventable<br />
Preventable: An accident in which the driver in question failed to do<br />
everything he/she could possibly do to prevent the accident. It is an accident<br />
involving Company business that resulted in property damage and/or<br />
personal injury, regardless of who was injured, what property was damaged,<br />
to what extent, or where it occurred. Any accident ruled preventable will<br />
result in disciplinary action up to and including termination at the<br />
Company’s discretion.<br />
Non-Preventable: An accident in which the driver did everything possible to<br />
prevent the accident. Any accident ruled non-preventable will be placed in<br />
the team member’s file. Two or more non-preventable accidents within a<br />
consecutive 12-month period may result in termination in the discretion of<br />
the Company.<br />
Drug and Alcohol Free Workplace<br />
Use of alcohol, illegal drugs or controlled substances, whether on or off the<br />
job, can adversely affect a team member’s work performance, efficiency,<br />
safety and health and therefore seriously impair the team member’s value to<br />
the Company. Furthermore, the use or possession of these substances on the<br />
job constitutes a potential danger to the welfare and safety of other team<br />
members and exposes the Company to the risks of property loss or damage<br />
or injury to other persons.<br />
The following are strictly prohibited by the Company either on the Company<br />
property or during the workday (including meal and rest periods):<br />
• Possessing, using, selling, distributing or being under the influence of<br />
alcohol or an illegal or controlled substance while on the job or on Company<br />
premises.<br />
Confidential and Proprietary 26<br />
January 2012
• Driving a Company vehicle while under the influence of alcohol or an<br />
illegal or controlled substance.<br />
• Distribution, sale or offer to sell or purchase an illegal or controlled<br />
substance while on the job or on Company premises.<br />
In order to enforce this policy, the Company reserves the right to conduct<br />
searches of Company property or team members and/or their personal<br />
property and to implement other measures necessary to deter and detect<br />
abuse of this policy.<br />
The use of prescription drugs and/or over-the-counter drugs may also affect<br />
a team member’s job performance and seriously impair the team member’s<br />
value to the Company. Any team member who is using prescription or overthe-counter<br />
drugs which may impair his or her ability to safely perform the<br />
job or may affect the safety or well-being of others must notify a restaurant<br />
manager of such use immediately before starting or resuming work.<br />
Drug Testing<br />
Where permitted by applicable law, the Company may require drug/alcohol<br />
testing when the Company reasonably suspects that a team member<br />
possesses or is under the influence of drugs and/or alcohol at work.<br />
Reasonable suspicion includes, but is not limited to, the following (1) any<br />
accident which results in bodily injury or significant property damage, (2)<br />
reduced ability to perform work in a safe and productive manner due to<br />
aberrant behavior, slurred speech, or difficulty maintaining balance, (3) any<br />
detectable level of alcohol or controlled substances/illegal drugs in his/her<br />
possession, or (4) possession of drug paraphernalia in the workplace.<br />
Violation of or failure to fully cooperate with this policy may result in<br />
disciplinary action up to and including termination.<br />
Electronic Communications Systems<br />
Electronic information systems are essential to the Company’s efficient and<br />
effective operations. The Company’s information systems, including but not<br />
limited to, computers of all types, servers, telephones, PDAs (Blackberries,<br />
iPhones, etc.), voicemail, text, e-mail, faxes, POSI system, Hot Schedules<br />
system, intranet (i.e., “The Same Page”), video imaging and access to the<br />
Internet and World Wide Web (collectively, “Electronic Communications<br />
Systems” or “ECS”) are provided by the Company for use only in the pursuit<br />
of the Company’s business. In addition, all software that has been installed<br />
on Company computers and data collected, accessed, downloaded and/or<br />
created on Company computers are the exclusive property of the Company<br />
Confidential and Proprietary 27<br />
January 2012
and may not be copied or transmitted to any unauthorized outside party or<br />
used for any purpose not directly related to the business of the Company.<br />
No Expectation of Privacy When Using Company ECS<br />
Team members should expect that all information, communications and data<br />
that are created, transmitted, downloaded, accessed, received or stored on the<br />
Company’s ECS are not private and confidential and may be accessed by the<br />
Company at any time without prior notice. Team members should have no<br />
expectation of privacy or confidentiality in such messages or information<br />
stored on the Company’s ECS (whether or not such messages, information,<br />
or attachments are password-protected or relate to Company or personal<br />
use). Team member usage of ECS may be reviewed and/or monitored.<br />
Team members should understand that deleted information, communications<br />
and data are not necessarily removed from the system and may also be<br />
accessed and reviewed. For example, the Company may, in its sole<br />
discretion, access, record, or disclose any voicemail, email or text message<br />
left on Company ECS.<br />
Use of ECS<br />
The Company’s ECS is provided for work-related use. Only Companyrelated<br />
business files and data should be stored on the Company’s ECS. Do<br />
not load personal files in or on the Company’s ECS without the prior<br />
authorization of the Company’s Chief Information Officer.<br />
Team members must remember that the equipment, services and other<br />
resources provided by the Company are Company property and their purpose<br />
is to facilitate and support company business. All equipment, services and<br />
resources must be used in a professional, ethical and lawful manner and must<br />
not be used to negatively interfere with team member<br />
job performance.<br />
The Company’s Code of Conduct, anti-harassment, non-discrimination and<br />
solicitation policies all extend to the use of ECS. Team members must not,<br />
for example, use sexually-suggestive or racially derogatory or discriminatory<br />
screen savers, download or disseminate pornographic materials, or<br />
transmit/receive e-mail messages that contain offensive or objectionable<br />
material. Sharing inappropriate, offensive, or explicit material over the<br />
Internet or sending such material via e-mail will not be tolerated. If any such<br />
material is received by a team member, it should be immediately deleted<br />
from the respective ECS platform, and the sender should be notified that<br />
such material is prohibited at the Company. If such material continues to be<br />
Confidential and Proprietary 28<br />
January 2012
eceived, the team member should notify his/her manager and the Director of<br />
Team Member Relations.<br />
• The use of any of the Company’s ECS that is not directly for the benefit of<br />
the Company, such as for commercial, personal religious or political<br />
agendas, is prohibited. The Company recognizes that team members may<br />
occasionally use ECS for personal use. Nonetheless, all uses of ECS,<br />
whether business or personal, are subject to and must be strictly in<br />
accordance with this policy and all other Company policies specifically<br />
including, but not limited to, the Company’s policies prohibiting harassment<br />
and discrimination.<br />
• No ECS, including the Internet and World Wide Web, may be used in a<br />
manner that infringes upon or damages the patents, copyrights, trademarks,<br />
licenses or the rights of the Company or others to proprietary, confidential or<br />
trade secret information. This includes the downloading or installation of<br />
software and/or equipment without prior authorization from the Company’s<br />
Chief Information Officer.<br />
• Company ECS may not be used for any purpose that creates an actual,<br />
potential or apparent conflict of interest.<br />
• Company ECS may not be used in a manner that is disruptive to others,<br />
offensive to others, or harmful to morale. Company ECS cannot be used for<br />
knowingly accessing, transmitting, retrieving, or storing any message,<br />
image, or communication that is illegal or contrary to the Company policy or<br />
business interest, discriminatory, harassing, an invasion of privacy,<br />
derogatory, sexually explicit, obscene, pornographic, defamatory,<br />
threatening, virus propagating, damaging to the Company’s confidential or<br />
trade secrets and damaging to the reputation of the Company, its team<br />
members or guests.<br />
• Team members may not use other team members’ log-ins or passwords.<br />
• Under no circumstances are team members allowed to keep copies of<br />
proprietary information, data or programs when they leave the Company.<br />
Team members may not duplicate software programs or keep any backup<br />
copies of work done for the Company when they leave the Company.<br />
• Team members may not monitor or intercept the files or electronic<br />
communications of other team members or third parties without proper<br />
authorization. All proposed monitoring or interception of any team member<br />
ECS communications can only be authorized by the Company’s Chief<br />
Executive Officer.<br />
Confidential and Proprietary 29<br />
January 2012
• Company property such as cellular telephones, office telephones, modems,<br />
pagers, PDAs, and beepers are not to be used for illegal or unauthorized<br />
activities.<br />
• Team members are prohibited from downloading, copying and/or sending<br />
Company files, information, and programs to any unauthorized destination,<br />
including to the team member’s own computer.<br />
Use of Social Media and Networking Sites<br />
Except where a team member’s position requires it, team members must not<br />
use social media and networking sites during working hours or on the<br />
Company’s ECS. At all times, team members must avoid disclosing or<br />
commenting on any “insider information” relative to the Company’s sales,<br />
earnings, growth plans, costs and expenses, and any other information that<br />
may be considered “insider information” pursuant to the federal and state<br />
securities laws. Team members also must not disclose any information that<br />
is or may be confidential, proprietary and/or trade secret information to the<br />
Company or to any other party that has disclosed information to the<br />
Company. Please refer to the full discussion of this topic in our Code of<br />
Ethics, Integrity and Conduct which is posted on our website and with which<br />
team members are obligated to comply.<br />
The Company reserves the right to, and does, block any website and email<br />
address that it deems inappropriate or non-work related. The Company may<br />
block access to any or all of the Internet at any time. The decision to block<br />
access to any website or e-mail address will be made by the Company’s<br />
Chief Restaurant Operations Officer for its restaurant operations and by the<br />
Company’s Chief Executive Officer for all brewery and home office<br />
operations.<br />
Team members’ blogs and personal social network profiles are individual<br />
expressions and not Company communications. BJ’s encourages team<br />
members who participate in online forums or social media communities such<br />
as, but not limited to, Facebook, YouTube and Twitter, whether at work or<br />
on their own time, to refrain from making comments that could portray BJ’s<br />
in a negative manner. Remember that your audience includes present and<br />
future BJ’s guests and other BJ’s team members. Take responsibility for<br />
what you write, and exercise good judgment and common sense. Team<br />
members are personally responsible for their own statements and posts<br />
including those that could be considered unlawful disclosures of insider,<br />
proprietary and/or confidential information or defamatory statements.<br />
Confidential and Proprietary 30<br />
January 2012
If you post anything related to the Company or use Company time or<br />
resources to post such communications, you must include a disclaimer that<br />
the post(s) is/are your own opinion(s) and are not necessarily the opinions of<br />
the Company and/or its team members.<br />
Abuse of ECS<br />
Any team member who, in the judgment of the Company, abuses the<br />
privilege of their access to Company ECS in violation of this policy will be<br />
subject to disciplinary action, up to and including termination. Team<br />
members who damage the Company’s computer system through its<br />
unauthorized use may additionally be liable for the costs resulting from such<br />
damage. Team members who misappropriate copyrighted, trademarked or<br />
confidential or proprietary information, or who distribute harassing and/or<br />
inappropriate messages or information, may additionally be subject to<br />
criminal prosecution and/or substantial civil money damages.<br />
Employment Classifications<br />
The Company classifies its team members in accordance with applicable<br />
federal and state law. If you have any questions about your employment<br />
classification or status, or whether you are entitled to certain benefits, please<br />
contact the Benefits Department.<br />
Team members at the Company are classified as follows:<br />
• Non-exempt team members: Paid on an hourly basis and entitled to<br />
overtime pay as required by federal and state laws.<br />
• Exempt (salaried) team members: Ineligible for overtime pay as provided<br />
by federal and state laws.<br />
• Full-time team members: Regularly scheduled to work at least 32 hours<br />
per week.<br />
• Part-time team members: Regularly scheduled to work less than 32 hours<br />
per week.<br />
• Temporary team members: Hired on a sporadic basis as needs arise. They<br />
may be either full or part-time. Temporary team members usually are not<br />
eligible for benefits and should have no expectation of receiving benefits.<br />
Confidential and Proprietary 31<br />
January 2012
Employment of Relatives<br />
The Company hires and promotes based on the relative qualifications and<br />
merit for every job opening. Relatives of team members may be hired and<br />
permitted to work at the same restaurant provided that no direct reporting,<br />
reviewing or other auditing relationship exists, and no other apparent or<br />
actual conflict of interest exists. For the purpose of this policy, a relative<br />
includes parents, grandparents, cousins, aunts/uncles, spouse, domestic<br />
partner, children, in-laws, and siblings. The Chief Restaurant Operations<br />
Officer will approve the employment of relatives within the same restaurant.<br />
The Company expects its team members to act as professionals and to<br />
remember their individual commitment to the Company. Team members<br />
must make management aware of their family relationships in the workplace<br />
prior to their hiring. Failure to comply may result in disciplinary action.<br />
Transfers may be required to avoid the placement of relatives in a direct<br />
reporting relationship.<br />
Employment References and Requests for Team Member Information<br />
If someone from outside the Company calls to obtain information about your<br />
employment with BJ’s, it is our normal practice to provide no more than the<br />
following information on current and former team members:<br />
• Name<br />
• Position<br />
• Dates of Employment<br />
• Salary Verification<br />
All other requests for a reference or letters of recommendation must be<br />
authorized through the Team Member Relations Department. The Company<br />
reserves the right to deviate from this normal practice in its discretion in<br />
accordance with law.<br />
Give-A-Slice Program<br />
At BJ’s, the act of compassionate giving influences every aspect of our<br />
Company’s culture. Caring about those in the communities we serve is only<br />
one aspect of this compassion. Caring for the BJ’s family of team members<br />
and loved ones is another. The Give-A-Slice program was created in order to<br />
help your fellow co-workers and their families in their times of need.<br />
Confidential and Proprietary 32<br />
January 2012
If you would like to “Give-A-Slice,” all it takes is as little as a dollar per<br />
paycheck. Every dollar raised will go directly to help our family at BJ’s.<br />
Please contact your General Manager or the Benefits Department for<br />
additional information on the Give-A-Slice program, including how to<br />
contribute and how to submit an application to receive assistance in a time of<br />
need.<br />
Health and Welfare Plans<br />
The Company provides certain health and welfare benefit coverage to<br />
eligible team members. For specific information about the coverage and<br />
eligibility requirements, contact your General Manager or the Benefits<br />
Department.<br />
Holidays<br />
The restaurants are currently closed for business on Thanksgiving Day and<br />
Christmas Day.<br />
Hours Worked and Overtime<br />
Non-exempt team members must correctly record all hours worked. You<br />
must be ready to work at your scheduled start time and must clock in<br />
immediately prior to starting work. You must clock out for any meal breaks<br />
and immediately after you complete your shift. You must be “on the clock”<br />
any time that you are performing job duties. It is unacceptable to work “off<br />
the clock.” Failing to record all hours worked, falsifying hours worked, or<br />
recording time for another team member is prohibited and will lead to<br />
disciplinary action up to and including termination.<br />
If you forget to clock in or out, your manager can adjust the time for you. If<br />
a manager adjusts your time records for any reason, you will be required to<br />
review and either approve or deny any adjustment. Ensure that you review<br />
any time adjustments for accuracy. Do not approve a time adjustment if it is<br />
not correct.<br />
If any manager directs you not to record all hours worked or adjusts your<br />
hours to reflect fewer hours that those actually worked, or if you believe you<br />
have not been accurately paid for all hours worked, you should immediately<br />
report this to your General Manager or Director of Operations/Area Vice<br />
President. If the issue is not resolved, you should call the Team Member<br />
Relations Department, call the Team Member Hotline at 1-877-510-0257, or<br />
Confidential and Proprietary 33<br />
January 2012
submit a complaint online by going to www.bjsteammemberhotline.com at<br />
any time, day or night.<br />
Occasionally, due to business needs, a team member may be directed to<br />
work overtime. All non-exempt team members (team members who are paid<br />
by the hour) will be compensated in accordance with applicable federal and<br />
state laws when they work overtime. Overtime must be approved by the<br />
team member’s immediate supervisor in advance of the overtime work being<br />
performed. Repeated failure to seek advance approval may lead to<br />
disciplinary action. That said, any overtime worked must be recorded and<br />
will be compensated in accordance with applicable law. Medical leaves,<br />
vacation, holidays not worked, jury duty and other leaves of absence taken<br />
by a team member are not considered time worked for purposes of<br />
computing overtime. Overtime hours will not be counted for purposes of<br />
accruing hours under any Company benefit plan unless the benefit plan<br />
specifically provides for such coverage.<br />
Immigration Law Compliance<br />
As required by law, the Company must verify each new team member’s<br />
identity and legal authority to work in the United States. All offers of<br />
employment are conditioned upon the receipt of satisfactory evidence of a<br />
team member’s identity and legal authority to work in the United States.<br />
You are required to fully complete a Form I-9 on your first day of<br />
employment.<br />
Job Duties<br />
The Company reserves the right, at any time, with or without notice, to alter<br />
or change job responsibilities, reassign or transfer job positions, or assign<br />
additional job responsibilities. In addition to your regularly assigned job<br />
responsibilities, you may be asked to work on special projects or assist with<br />
other work important to the operation of your restaurant or the Company. In<br />
addition, from time to time, the Company may request that team members<br />
work additional or different hours than those previously scheduled. Your<br />
cooperation and assistance in performing additional work is expected.<br />
Failure or refusal to work on special projects or additional hours when<br />
requested by the Company may result in disciplinary action up to and<br />
including termination.<br />
Leaves of Absence<br />
BJ’s takes its obligations under the Family and Medical Leave Act and all<br />
applicable federal and state leave laws very seriously. The Company will<br />
Confidential and Proprietary 34<br />
January 2012
grant leaves of absence to eligible team members as required by applicable<br />
federal, state, or local law or otherwise in the Company’s discretion. It is<br />
important to request any leave in writing as far in advance as possible, to<br />
keep in touch with your General Manager and the Team Member Relations<br />
Department during your leave, and to give prompt notice if there is any<br />
change in your return date.<br />
Below and in the State-Specific Leave Addendum found later in this<br />
handbook you will find specific information about leaves of absence<br />
available to eligible team members. The Team Member Relations<br />
Department has additional information regarding the policies and procedures<br />
for each type of leave as well as information about federal, state and local<br />
legal requirements relating to notice and certification, any available<br />
compensation during leave, benefits during leave, and reinstatement<br />
following leave. Vacation and other benefits will not accrue while you are<br />
on a leave of absence.<br />
Team members may not obtain other employment or apply for<br />
unemployment insurance while on a leave of absence. Acceptance of other<br />
employment, without notice and authorization, while on leave may be treated<br />
as a voluntary resignation from employment at the Company.<br />
Personal Leaves of Absence<br />
A personal leave of absence without pay may be granted at the discretion of<br />
the Company. Request for personal leave generally should be limited to<br />
unusual circumstances requiring an absence of longer than 2 weeks.<br />
Where a leave of absence (either extended or intermittent) is a reasonable<br />
accommodation of a disability or medical condition, BJ’s will make such an<br />
accommodation in accordance with applicable state and federal disability<br />
discrimination laws.<br />
Family and Medical Leave<br />
Eligibility<br />
To be eligible for unpaid Family/Medical Leave under the Family and<br />
Medical Leave Act and comparable state law, a team member must: (1) have<br />
completed at least 12 months of service with the Company, (2) have worked<br />
at least 1,250 hours during the 12 months before the leave is to begin, and<br />
(3) work at a location with at least 50 team members within 75 miles of the<br />
team member’s worksite. Hours worked means actual hours worked and<br />
does not include paid or unpaid time off. The 12-month period is measured<br />
Confidential and Proprietary 35<br />
January 2012
ackward on a rolling 12-month basis from the date the team member uses<br />
any Family/Medical leave.<br />
Reasons for Leave<br />
If eligible, a team member may request a Family/Medical Leave of up to 12<br />
weeks during a rolling 12-month period for any of the following reasons: (1)<br />
the birth of the team member’s child; (2) the placement of a child with the<br />
team member for adoption or foster care; (3) to care for the team member’s<br />
spouse, child, parent, or registered domestic partner with a serious health<br />
condition; (4) because of the team member’s own serious health condition<br />
which makes the team member unable to perform one or more of the<br />
essential functions of his/her job; (5) to care for an injured or ill service<br />
member undergoing treatment or recuperating from a serious illness/injury<br />
sustained while on active duty; or (6) because of a qualifying exigency<br />
arising out of a spouse’s, domestic partner’s, child’s, or parent’s active duty<br />
or notification of an impending call or order to active duty in the Armed<br />
Forces in support of a contingency operation.<br />
An eligible team member who is the spouse, registered domestic partner,<br />
son, daughter, parent, or next of kin of a covered servicemember who is<br />
recovering from a serious injury or illness sustained in the line of duty on<br />
active duty may request up to 26 weeks leave during a single 12-month<br />
period to care for the servicemember.<br />
Notice of Leave<br />
A team member should submit a Request for Family/Medical Leave of<br />
Absence which includes the anticipated date(s) and duration of the requested<br />
leave to his/her General Manager and the Team Member Relations<br />
Department. Team members are required to make reasonable efforts to<br />
schedule a foreseeable leave to avoid disruption of Company operations,<br />
subject to the approval of the appropriate health care provider. The leave<br />
may be taken intermittently or all at once.<br />
Medical Certification<br />
If a leave is requested because of the team member’s or a covered family<br />
member’s serious health condition, the team member must supply<br />
appropriate medical certification supporting the need for leave. The medical<br />
certification must be provided to the Company prior to the commencement<br />
of the leave or within 15 days after it is requested, or as soon as reasonably<br />
possible under the circumstances. Failure to provide requested medical<br />
certification in a timely manner may result in denial of leave until it is<br />
Confidential and Proprietary 36<br />
January 2012
provided. Under certain circumstances, the Company, at its expense, may<br />
require a second and third medical examination of the team member. The<br />
Company also may require medical recertification periodically during the<br />
leave as permitted by law.<br />
Reporting While on Leave<br />
During a Family/Medical Leave, team members may be required to contact<br />
their General Manager periodically to report on their status and intention to<br />
return to work.<br />
Leave Is Unpaid<br />
Family/Medical Leave generally is unpaid leave. However, any accrued,<br />
unused vacation may be used during any otherwise unpaid Family/Medical<br />
Leave. In addition, team members may be eligible for state disability or<br />
workers’ compensation benefits during part of the 12-week leave period,<br />
where applicable. The receipt of disability or workers’ compensation<br />
benefits or the substitution of paid leave for unpaid leave time does not<br />
extend the 12-week Family/Medical Leave period.<br />
Medical and Other Benefits<br />
During an approved Family/Medical Leave, the Company will maintain a<br />
team member’s group health benefits if participating as if the team member<br />
had continued to be actively employed. If vacation pay is substituted for<br />
unpaid Family/Medical Leave, the Company will deduct the team member’s<br />
portion of the health plan premium as a regular payroll deduction. If the<br />
leave is unpaid, a team member must pay his/her portion of the premium<br />
during the leave. Group health care coverage may cease for the remainder of<br />
the leave if the premium payment is not paid within 30 days of the date due.<br />
If the Company elects to pay the missed team member’s premium<br />
contributions, the team member will be required to reimburse the Company<br />
for the delinquent payments.<br />
Returning from Leave<br />
Generally, upon timely return from Family/Medical Leave, team members<br />
will be reinstated to the same position or to an equivalent position with<br />
equivalent pay, benefits, and other employment terms, to the extent required<br />
by law. Any right to reinstatement ceases if a team member fails to return to<br />
work at the end of an approved leave, in accordance with applicable laws.<br />
Confidential and Proprietary 37<br />
January 2012
If leave is taken because of the team member’s own serious health condition,<br />
then the team member may be required to present a fitness-for-duty<br />
certification upon return to work. Team members failing to provide a release<br />
to return to work when required to do so will not be permitted to resume<br />
work until it is provided.<br />
Legal Compliance<br />
This policy will be interpreted and applied in accordance with applicable<br />
federal, state and local laws, and to the extent that this policy may conflict<br />
with those laws and/or amendment thereof, those laws are controlling over<br />
this policy. Further, the Company retains all available rights and defenses<br />
under applicable law, whether or not specifically set forth in this policy.<br />
Workers’ Compensation Disability Leave<br />
The Company will grant a Workers’ Compensation Disability leave to team<br />
members with occupational illnesses or injuries in accordance with State<br />
law. As an alternative, the Company will try to reasonably accommodate<br />
such team members with modified work duties or schedules, in its discretion<br />
if such work or schedules are available.<br />
Military Leave (Active and Reserve Service)<br />
The Company is proud of its team members who serve as members of the<br />
United States Armed Forces and provides Military Leave to the full extent<br />
provided by federal and state law. A summary of Military Leave rights and<br />
obligations provided by the Company is available through the Team Member<br />
Relations Department. Please contact the Team Member Relations<br />
Department with any questions regarding the nature, extent and<br />
circumstances relating to such leaves.<br />
Funeral or Bereavement Leave<br />
If a death occurs in your family, the Company provides unpaid time off to<br />
eligible team members to deal with the loss of your loved one. It is your<br />
responsibility to immediately notify your General Manager and/or other<br />
restaurant managers to cover your shifts.<br />
The deceased must be a spouse, same-sex domestic partner, child, stepchild,<br />
grandchild, parent, parent-in-law, grandparent, or sibling of the team<br />
member. If a team member was especially close to or had responsibility for<br />
a relative other than these, bereavement leave may be granted at the<br />
Confidential and Proprietary 38<br />
January 2012
discretion of the Area Vice President or Director of Operations, depending<br />
upon work needs.<br />
Jury Duty Leave<br />
In accordance with applicable state laws, team members may be eligible for<br />
unpaid leave time to serve as jurors or attend court for prospective jury<br />
service. Team members must submit a copy of the jury subpoena or other<br />
verification from the court as soon as possible after receipt, but in no case<br />
less than seven working days prior to the date of the required appearance<br />
pursuant to the subpoena or notice (except where applicable law allows for<br />
lesser notice). Additionally, team members must furnish documentation in<br />
the form of a court or administrative certificate of attendance at jury duty<br />
upon returning to work from jury duty leave. Team members who are<br />
empanelled on a jury and require extended time for jury duty leave must<br />
contact the Team Member Relations Department to discuss the requested<br />
leave. Jury duty will be unpaid unless otherwise required by applicable state<br />
or local law. Upon written request to the Team Member Relations<br />
Department, team members may take accrued, unused vacation time during<br />
this leave.<br />
Witness Leave<br />
In accordance with applicable state laws, team members may be eligible for<br />
unpaid leave time to respond to subpoenas and/or otherwise to appear or<br />
testify as witnesses in a civil, criminal, legislative, or administrative<br />
proceeding. Team members must submit a copy of the subpoena or other<br />
verification from the court or administrative agency as soon as possible after<br />
receipt, but in no case less than seven working days prior to the date of the<br />
required appearance pursuant to the subpoena or notice (except where<br />
emergency circumstances or applicable law allow for lesser notice).<br />
Additionally, team members must furnish documentation in the form of a<br />
court or administrative certificate of appearance as a witness upon returning<br />
to work from witness leave. Witness leave will be unpaid unless otherwise<br />
required by applicable state or local law. Upon written request to the Team<br />
Member Relations Department, team members may take accrued, unused<br />
vacation time during this leave.<br />
Liquor Liability<br />
BJ’s recognizes that the serving of alcohol is a privilege granted to it by the<br />
community in which it operates, and with this privilege comes the<br />
responsibility to take positive steps to prevent over-consumption and the risk<br />
associated with driving under the influence.<br />
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January 2012
No manager or team member shall serve alcohol to a person who is (1) a<br />
minor, (2) visibly intoxicated, (3) known to be a habitual drunkard, or<br />
(4) without proper identification or verification of age.<br />
It is the responsibility of every team member involved with the serving of<br />
alcoholic beverages to be familiar with the signs of intoxication and the<br />
Company’s Liquor Liability Policies. Violations of this policy are grounds<br />
for disciplinary action up to and including immediate termination.<br />
Meal Discounts<br />
Team Member Meals While on Duty<br />
• Always check with a manager prior to ordering food.<br />
• All non-tipped team members receive one free meal per shift from the team<br />
member menu.<br />
• All such meals should be eaten in an area designated for breaks and/or a<br />
dining area designated by the restaurant managers.<br />
• Tipped team members receive a 50% discount on meals ordered from the<br />
team member menu.<br />
Discounts When Not Working<br />
We want you to take advantage of eating at our restaurants when you are not<br />
working. Therefore, the following discount is provided as a benefit:<br />
• 25% discount for food and non-alcoholic beverages for you and up to 3<br />
guests.<br />
• Please provide a copy of your paycheck stub to receive your benefit.<br />
• Please tip at least 15% of the total bill prior to the discount.<br />
• Restaurant team members are not allowed to sit at the bar top, on or off the<br />
clock, at their home restaurant or at any other location.<br />
Meal and Rest Periods<br />
BJ’s provides team members with periodic meal and rest periods during<br />
designated working hours in compliance with applicable federal, state and<br />
Confidential and Proprietary 40<br />
January 2012
local laws. In accordance with applicable law, managers will schedule meal<br />
and rest periods for team members who are entitled to take them within the<br />
timeframe required by law. Team members will not be asked to perform and<br />
should not perform any work during scheduled meal and rest periods.<br />
Where provided, meal periods will be off the clock, uninterrupted and dutyfree,<br />
and at least 30 minutes in length. Where provided, rest periods will be<br />
on the clock, at least 10 consecutive minutes in length, in the middle of each<br />
work period to the extent practicable, and uninterrupted and duty-free. Rest<br />
periods will not be combined with a meal period except where permitted by<br />
law. Team members are expected to be prompt when returning to their work<br />
locations after meal and rest periods. Tardiness when returning from meal<br />
and rest periods may lead to disciplinary action up to and including<br />
termination.<br />
If a team member believes that the Company is not providing meal or rest<br />
periods where required by law or that he/she is being prevented from taking<br />
meal and rest periods, it is the team member’s obligation to promptly notify<br />
Restaurant Management and/or the Team Member Relations Department so<br />
that the matter can be investigated and resolved. The team member may also<br />
submit a complaint via the Team Member Hotline at 1-877-510-0257 or<br />
online by going to www.bjsteammemberhotline.com at any time, day or<br />
night.<br />
Non-Fraternization<br />
The Company desires to avoid misunderstandings, complaints of favoritism,<br />
possible claims of sexual harassment and team member morale and<br />
dissension problems that may result from any co-worker romantic or<br />
personal relationships, whether between managers, team members and<br />
managers, or a non-manager and team member. Accordingly, all team<br />
members, including restaurant managers and supervisors, are prohibited<br />
from fraternizing or becoming romantically involved with each other<br />
whenever a direct reporting relationship exists. The above parties (whether<br />
the relationship is between manager and manager, or manager and<br />
subordinate team member) must notify their immediate supervisor or the<br />
Team Member Relations Department of the relationship upon its inception.<br />
Team members who fraternize or become romantically involved with other<br />
team members are strictly reminded that the relationship must remain off<br />
Company premises and that they are to comply with the Company’s antiharassment<br />
policy. Failure to comply with this non-fraternization policy<br />
may result in disciplinary action up to and including termination.<br />
Confidential and Proprietary 41<br />
January 2012
Payday<br />
Payday is every other Tuesday. The period of time for which you are paid is<br />
the previous two Wednesday through Tuesday periods. Therefore, there is a<br />
seven day lag period between the last day of the pay period and payday.<br />
Team members can elect to have their pay directly deposited into their<br />
personal savings or checking account.<br />
Federal and state tax withholdings, social security tax, disability insurance<br />
and any other legally required or personally authorized deductions are<br />
withheld from your check in accordance with federal and state law. If you<br />
have any questions regarding your paycheck or the deductions withheld from<br />
it, please see your manager or contact the Payroll Department. In addition, if<br />
you ever need to make changes to your deductions, please fill out a new<br />
Form W-4 and turn it into the Payroll Department. It is your responsibility<br />
to inform your manager promptly of any changes in address, telephone<br />
number, marital status, dependants, beneficiaries, or banking information.<br />
Managers are not allowed to cash paychecks for any team members at the<br />
restaurant.<br />
Payroll Records<br />
The pay of non-exempt team members is calculated from the time you begin<br />
working until the time you stop working each day. When you receive your<br />
paycheck or wage statement, please review the hours, rate(s), wages and<br />
deductions to confirm they are accurate. If you believe that you have not<br />
been compensated properly and/or that an error occurred on your paycheck,<br />
it is your obligation to notify your General Manager, the Payroll Department,<br />
and/or the Team Member Relations Department as soon as possible.<br />
Otherwise, the Company will assume that you have been properly<br />
compensated.<br />
Performance Evaluations<br />
At BJ’s we strive to help our team members develop their skill levels. Your<br />
manager may informally and formally evaluate your performance on a<br />
regular basis. If you have any questions or concerns about your performance<br />
or a certain part of your job, ask a manager to meet with you. The<br />
management team is there to support your success and wants you to perform<br />
at your highest level.<br />
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January 2012
Personal Belongings<br />
Please avoid bringing valuables to work. If that is not possible, bring a lock<br />
to secure your belongings in the lockers (if available). All lockers must be<br />
emptied and locks removed at the end of each shift. The Company is not<br />
responsible for any loss, theft or damage of a team member’s personal<br />
property. In addition, the Company reserves the right to inspect all contents<br />
of offices, lockers, desks, backpacks, purses, etc. and any other areas where<br />
team member belongings are located throughout the restaurant. Please<br />
understand that team members should have no expectation of privacy in<br />
these areas subject to search.<br />
Personal Hygiene<br />
Due to the nature of our business, personal hygiene is integral to our success<br />
and an important part of our personal responsibility. People are the most<br />
dangerous threat to food safety and sanitation. In addition to the specifics in<br />
the dress and appearance guidelines for your specific job duties, please<br />
incorporate the following best practices as well:<br />
Hair<br />
• Hair should be washed and well groomed. Oily, dirty hair attracts bacteria<br />
and dandruff that could fall into the food.<br />
• Any hair that touches the shoulders must be restrained.<br />
• Team members who work in the kitchen must wear hats at all times.<br />
Bathing<br />
• You should bathe daily or more often if the job requires it. Body odor is<br />
offensive to both guests and co-workers, and the skin is a prime breeding<br />
ground for bacteria.<br />
• Do not use an excessive amount of cologne or perfume as it can distract<br />
from the aroma of our food and can be offensive to both guests and coworkers.<br />
Hand Washing<br />
• The most important aspect of personal cleanliness is frequent and thorough<br />
hand washing. Dirty hands can transmit contaminants to food.<br />
Confidential and Proprietary 43<br />
January 2012
• Hand washing should follow any activity that offers even a remote<br />
possibility that the hands may have picked up contaminants including:<br />
• Using the restrooms.<br />
• Touching areas of the body such as ears, mouth, nose or hair.<br />
• Touching unclean equipment or work areas.<br />
• Handling raw food, particularly meat and poultry.<br />
• Handling money.<br />
• Using any tobacco products.<br />
• Cleaning and scraping dishes and utensils.<br />
• Eating.<br />
• At the beginning and end of each job function.<br />
Fingernails<br />
• Fingernails should be trimmed, clean, and well groomed.<br />
• No kitchen team members or team members preparing food may wear nail<br />
polish.<br />
Cuts and Abrasions<br />
• All wounds and open sores must be antiseptically bandaged, and the<br />
bandage must be covered with a waterproof protector.<br />
Personnel Records<br />
The information in your personnel file is very important. Make sure the<br />
information is current at all times by informing your manager of any changes<br />
to your personal information.<br />
As a team member of the Company, you may inspect your personnel file in<br />
the presence of a Company representative at an agreed-upon time in<br />
accordance with applicable law. Requests to inspect your personnel file<br />
should be directed to the Team Member Relations Department and will be<br />
facilitated within a reasonable time as required by law. No copies of any<br />
Confidential and Proprietary 44<br />
January 2012
documents may be made from your file, with the exception of documents<br />
that you have previously signed. You may add your versions of any disputed<br />
matter to the file.<br />
In order to protect your privacy, every effort will be taken to restrict the<br />
access of personnel files to authorized individuals of the Company.<br />
Disclosure of personal information to any persons from outside the Company<br />
must be authorized by the Human Resource Department and will be on a<br />
limited basis. However, we will cooperate with subpoenas and requests<br />
from authorized law enforcement and federal, state or local agencies<br />
conducting investigations.<br />
Recognition Program<br />
BJ’s offers a comprehensive recognition program for team members working<br />
in our restaurants, brewery operations, and Home Office. Because BJ’s is a<br />
high-performance company, most of our current recognition programs have<br />
been established to reward outstanding performance. In addition, BJ’s also<br />
recognizes team member years of service (tenure) as an integral component<br />
of our recognition program.<br />
All team members are eligible to participate in the service and recognition<br />
program and are encouraged to contact their immediate supervisor for<br />
additional information. The Human Resources Department and Restaurant<br />
Management administer this program and the distribution of service and<br />
recognition awards.<br />
The existence of this program, or receipt of any service or recognition award<br />
or pin, does not and cannot imply a promise of continued employment and<br />
does not affect the at-will status of any team member.<br />
Reduction in Workforce<br />
Due to the nature of our business, the business needs of the Company will be<br />
assessed regularly. Based on these needs the Company may require a<br />
reduction in workforce. In the event that the Company believes that such a<br />
reduction is appropriate, it reserves the right to make its selection of<br />
personnel based upon any lawful basis, subject to its discretion.<br />
Release and Waiver of Liability<br />
The Company sometimes sponsors activities and events for our team<br />
members that do not require your attendance. It is your option whether or<br />
not to attend. This policy confirms that if you elect to attend and are injured<br />
Confidential and Proprietary 45<br />
January 2012
or are involved in an accident at one of these events, you agree that you are<br />
solely responsible for any injuries and damages. Because your attendance is<br />
voluntary, BJ’s is not liable for injuries, damages, and any resulting claims.<br />
Safety<br />
The health and safety of team members, guests, and Company partners on<br />
Company property is of critical concern to BJ’s. We must attain the highest<br />
possible level of safety in all activities and operations in order to comply<br />
with all health and safety laws applicable to our business.<br />
The Company must rely upon our team members to ensure that work areas<br />
are kept safe and free of hazardous conditions. Team members should be<br />
conscientious about workplace safety, including proper operating methods<br />
and known dangerous conditions or hazards. Team members should report<br />
any unsafe conditions or potential hazards to a supervisor immediately.<br />
Any work place injury, accident, or illness must be reported to your<br />
supervisor as soon as possible, regardless of the severity of the injury or<br />
accident. If medical attention is required immediately, supervisors will assist<br />
team members in their medical care, after which the details of the injury or<br />
accident must be reported to the Risk Management department by your<br />
supervisor.<br />
Security<br />
The security of all team members is very important to our Company. BJ’s<br />
strives to make all team members aware of potential safety and security<br />
issues. It is very important that we are all aware of our surroundings in order<br />
to protect each other at all times from a potentially bad situation. Please take<br />
the following steps to enhance your security<br />
• Be alert at all times when walking to and from your restaurant.<br />
• Always take your apron off prior to leaving the restaurant.<br />
• Both males and females should always leave the restaurant in pairs when<br />
leaving during non-business hours.<br />
• Always be aware of who is in the restaurant late at night, as well as during<br />
non-business hours.<br />
• Immediately notify a manager or security (if applicable) any time you are<br />
suspicious about anyone or anything on the premises.<br />
Confidential and Proprietary 46<br />
January 2012
Smoking<br />
BJ’s is a smoke-free working environment. Smoking is not permitted on<br />
Company property or when working.<br />
Solicitation/Distribution of Literature<br />
Keep in mind that we are here only for Company business, and approaching<br />
fellow team members in the work place regarding activities, organizations or<br />
causes (regardless of how worthwhile, important, or benevolent) can create<br />
unnecessary apprehension and pressure on fellow team members. All team<br />
members should refrain from such inappropriate and unnecessary conduct,<br />
unless specifically authorized by law. All team members are expected to<br />
strictly comply with the following Company rules:<br />
• No team member shall solicit or promote support for any cause or<br />
organization during his or her working time or during the working time of<br />
the team member or team members at whom such activity or solicitation is<br />
directed.<br />
• No team member shall distribute or circulate any written or printed<br />
material in work areas at any time.<br />
• Under no circumstances will non-team members be permitted to solicit or<br />
to distribute written material for any purpose on Company property.<br />
• Exceptions to this policy can be approved in advance by the Company’s<br />
Chief Executive or Financial Officers.<br />
Standards of Business Conduct/Code of Integrity, Ethics and Conduct<br />
Every team member must be familiar with and comply with the policies set<br />
forth in BJ’s Code of Integrity, Ethics and Conduct which you can request<br />
from a restaurant manager or find on the Company’s website at<br />
www.bjsrestaurants.com in the “Investor” section. Among the important<br />
aspects of the Code are the following:<br />
• Every team member must comply with all applicable laws when acting on<br />
behalf of the Company.<br />
• Every team member must report any known or suspected criminal activity<br />
or violation of the law involving either the Company or any team member<br />
acting on behalf of the Company.<br />
Confidential and Proprietary 47<br />
January 2012
• Reports of alleged violations may be made to the Company Team Member<br />
Hotline at 1-877-510-0257, which is available at all times, including during<br />
non-business hours, or to the Team Member Relations Department. You<br />
may also submit a complaint online at www.bjsteammemberhotline.com.<br />
Team Member Assistance Program<br />
Team member assistance for personal problems is available 24 hours a day,<br />
7 days a week, every day of the year. This benefit is administered through<br />
the CIGNA Life Assistance program and can be reached by calling 1-800-<br />
538-3543 or at www.cignabehavioral.com/cgi. Please contact the Benefits<br />
Department for additional information regarding this valuable benefit.<br />
Tip Reporting<br />
Every tipped team member is responsible for claiming the entire amount of<br />
tips received during each shift. This is a requirement of the Internal Revenue<br />
Service (“IRS”). BJ’s participates in the TRAC (Tip Reporting Alternative<br />
Commitment) program in conjunction with the IRS. What this means is that<br />
the restaurant agrees to assume greater responsibility for getting team<br />
members to report their tips. In return, the IRS will not bill the restaurant for<br />
FICA taxes on allegedly unreported tips unless it has first audited the team<br />
members. That means that the restaurant and the IRS are in partnership to get<br />
you to report 100% of your tips and pay taxes on them.<br />
Tipped team members must understand their responsibilities regarding tips<br />
and must comply with the following:<br />
Understand that 100% of your tips are taxable.<br />
All tips are income that you owe taxes on. This includes cash tips, charge<br />
tips and any tips you get from other team members, minus what you “tip<br />
out” to others. Thus, you must declare 100% of your tips. You need to<br />
declare the combination of cash and credit card tips and subtract the tips that<br />
you “tip out” to other positions.<br />
The IRS requires you to report 100% of your tips.<br />
If your tips total more than $20 a month, the law requires that you report all<br />
tips each shift. At the end of each shift the computer will prompt you to<br />
report the amount of cash tips you made after “tipping out” and/or how much<br />
tips you received from another team member. Each paycheck period you will<br />
be required to sign the payroll sheet report, which will show the amount of<br />
reported tips during that period.<br />
Confidential and Proprietary 48<br />
January 2012
Keep a daily log.<br />
This can be a book that is provided by the IRS or a calendar or notebook that<br />
you maintain. This will be extremely critical if the IRS should ever audit<br />
you. The daily record log must show your cash tips, your charge tips and the<br />
amount of tips you get from other team members and/or amount you “tip<br />
out” to other team members (which helps prove that you don’t owe taxes on<br />
these tips). In your records of “tip outs,” it is important to write down the<br />
first and last names of the persons whom you tipped so that you can prove<br />
that you don’t owe money on those tips. The law requires you, and all<br />
taxpayers, to keep sufficient records to determine income. The records may<br />
be your ONLY defense in the case of being audited.<br />
Understand the benefits of reporting your tips.<br />
By reporting your tips, you do the following:<br />
• Comply with the law which requires you to report 100% of your tips<br />
• Increase the Social Security earnings for which you should ultimately be<br />
eligible<br />
• Trigger higher unemployment benefits if you become unemployed<br />
• Improve your credit rating based off your higher income<br />
• Increase your chances of qualifying for car or home loans based on your<br />
higher income<br />
• Avoid penalties that occur for not correctly reporting<br />
• Avoid back taxes on unreported income and FICA<br />
• Avoid 50% FICA penalty for late reporting<br />
• Avoid potential 20% income tax penalty for failure to report<br />
• Avoid interest on money owed to the IRS<br />
• Avoid estimated tax penalties<br />
Understand how the IRS estimates what tips you received.<br />
The IRS can take an estimate from the average tips of credit cards and<br />
“assume” the cash tips to be equal. We are required to give the IRS<br />
information on total restaurant sales, a total tip team member report and total<br />
tips left on charges. If our charge tips show 16% and the cash tips show 5%,<br />
the IRS may have good reason to think you are under reporting. In addition,<br />
the IRS is also allowed to interview team members, observe customers’<br />
tipping habits, and look at team member records to reconstruct tips.<br />
Understand what happens if your paycheck is not big enough to cover all the<br />
taxes that should be withheld.<br />
This can happen. When BJ’s withholds taxes from your wages, the<br />
withholding is based on both your hourly wages and your reported tips.<br />
Sometimes your pay may not be enough to cover all the necessary taxes and<br />
deductions. In these cases it’s most important to be aware that you may owe<br />
more taxes that you expected when you file your tax returns. Some tip-<br />
Confidential and Proprietary 49<br />
January 2012
earners save a few extra dollars over the year so they don’t get caught short<br />
at tax time. You can also change your withholding amount with the Payroll<br />
Department in order to request withholding of additional funds.<br />
Understand the role of your manager.<br />
We are not the “tipping police.” We are here to educate you on the<br />
importance of properly declaring 100% of your tips. We will post<br />
information on your tip reporting, making you aware of whether or not you<br />
are perceived as reporting 100% tips. Your managers may determine it<br />
necessary to coach you on your performance with regards to service if they<br />
find your percentage to be low and deem that a reflection on your service.<br />
Understand the problems with just declaring tips when you file your taxes<br />
instead of reporting tips as you receive them.<br />
The law requires that tipped income be reported and taxed on a monthly<br />
basis. If you have not properly declared or reported enough tips, you can<br />
declare extra tips at tax time. However, you may face penalties for having<br />
failed to report income the way the law requires.<br />
Understand the 8% myth.<br />
The 8% myth (that you won’t get audited if you report 8% of your sales)<br />
doesn’t even directly affect team members. The 8% figure is simply the<br />
point at which BJ’s must allocate tips to a team member who has not<br />
sufficiently declared tips. BJ’s is required to generate a report with total<br />
sales and if the team member reports 8% or less, BJ’s is required to allocate<br />
the difference on the team member’s Form W-2. Allocated tips are actually<br />
a flag to the IRS that underreporting is occurring.<br />
Vacations<br />
To be eligible to begin accruing vacation, a team member must have<br />
completed six months of continuous employment. No vacation will begin<br />
accruing until the completion of six months of employment. After<br />
completing six months of continuous employment, team members only<br />
accrue vacation during the pay periods in which they work a minimum of 64<br />
hours. During pay periods when team members work at least 64 hours, they<br />
will accrue vacation as follows:<br />
Length of Service Vacation Hours Annual Potential<br />
Accrued<br />
Accrual<br />
6 months – 1 year 1.54 hours per week 1 week (40 hours)<br />
1 year – 5 year 1.54 hours per week 2 weeks (80 hours)<br />
+5 years 2.31 hours per week 3 weeks (120 hours)<br />
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Requests for Vacation and Approval<br />
Written requests to take vacation must be submitted to and written approval<br />
granted by your General Manager at least two weeks prior to the vacation<br />
time, except in case of illness, accident or bona fide emergency, in which<br />
cases vacation requests are to be completed and submitted as soon as<br />
possible.<br />
Approval and Scheduling Conflicts<br />
Management has the authority to deny vacation on the dates and for the<br />
length of time requested where business needs dictate. In the event that you<br />
and another team member have requested vacations during the same period<br />
requiring you to be absent simultaneously, it is left to the General Manager’s<br />
discretion to decide which team member may be allowed to take vacation.<br />
Preference may be given to the team member with the greater length of<br />
service or may be based on workload responsibilities.<br />
Vacation Pay-Out on Anniversary Date<br />
If you do not take paid time off after you accrue it, BJ’s may, in its<br />
discretion, pay out your accrued but unused vacation within two weeks<br />
following your anniversary date. After such accrued but unused vacation is<br />
paid out, team members may still request time off for vacation but that time<br />
will be unpaid. If BJ’s decides not to pay out this accrued but unused<br />
vacation, team members may accrue a maximum of two times their annual<br />
accrual. Once they reach that maximum they will discontinue accruing<br />
vacation until such time as they fall below the maximum accrual.<br />
Vacation Accrual During Leave of Absence<br />
If you take a leave of absence, you will not earn and accrue vacation during<br />
the leave. Vacation accruals will commence when you return to work.<br />
Vacation Pay At Termination<br />
Upon termination of employment, you will be paid for all accrued, unused<br />
vacation time that has not previously been paid out in accordance with<br />
applicable federal, state or local law.<br />
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January 2012
Weapons<br />
BJ’s complies with all state and local laws in the communities we serve. As<br />
a result, we abide by state laws that permit open carry of firearms or other<br />
weapons by our guests. Where these laws do not exist, openly carrying<br />
firearms or other dangerous weapons in our restaurants is prohibited. This<br />
policy exists out of respect for the safety of our team members, our<br />
managers, and our guests. In the event of a threatening situation or<br />
disturbance, a manager must immediately call law enforcement and must<br />
notify the restaurant’s Area Vice President/Director of Operations and<br />
Director of Risk Management as soon as possible thereafter.<br />
All Company team members are prohibited from carrying a weapon while in<br />
the course and scope of performing their job for the Company, whether or<br />
not they are on Company property at the time, and whether or not they are<br />
licensed to carry a weapon. Team members may not carry a weapon covered<br />
by this policy while performing any task on the Company’s behalf or at any<br />
Company-sponsored functions, such as parties or picnics. Company<br />
property covered by this policy includes, without limitation, all Companyowned,<br />
managed or leased buildings and surrounding areas, such as<br />
sidewalks, walkways, driveways and parking lots under the Company’s<br />
ownership or control. Company vehicles are covered by this policy at all<br />
times, regardless of whether they are on Company property at the time.<br />
BJ’s prohibits all guests who enter Company premises from carrying a<br />
handgun, firearm or prohibited weapon of any kind, regardless of whether<br />
the person is licensed to carry the weapon or not, unless otherwise<br />
authorized by state or local law. This policy applies to all Company team<br />
members, including temporary team members, independent contractors<br />
working with the Company, visitors and guests on Company property,<br />
regardless of whether or not they are licensed to carry a concealed weapon.<br />
The only exception to this policy is police officers, security guards or other<br />
persons who have been given consent by the Company to carry a weapon on<br />
the premises.<br />
Prohibited weapons include, but are not limited to, any form of weapon or<br />
explosive restricted under federal, state and local regulation. This includes<br />
all firearms, knives, or other weapons covered by law. Legal chemical<br />
dispensing devices which are sold for personal protection, such as pepper<br />
spray, are not prohibited weapons. However, such devices must be stored<br />
with the team member’s personal property and may not be carried with the<br />
team member while on-duty at a restaurant or Home Office.<br />
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The Company reserves the right to conduct searches of any person, vehicle,<br />
or object that enters onto Company property in order to enforce this policy.<br />
Company management or local authorities may conduct searches. Items that<br />
may be searched include, but are not limited to, lockers, purses, backpacks,<br />
bags, clothing, personal vehicles parked on Company property, and any<br />
other item in which a weapon may be hidden. To the extent the search is<br />
requested by Company management and the team member is present, the<br />
team member may refuse the search; however, such refusal may result in<br />
disciplinary action up to and including termination from employment for<br />
refusal to cooperate.<br />
Work Area Maintenance<br />
All team members are expected to keep their work areas clean, organized<br />
and safe. All job functions have additional side work and /or cleaning duties<br />
that must be maintained in order to keep the restaurant looking great for<br />
every guest. Common areas such as break rooms, locker areas and restrooms<br />
must be kept clean and safe by the entire team. Don’t wait for someone to<br />
ask you to pitch in. Plan to do your share as part of the team.<br />
Workplace Violence<br />
Security and safety in the workplace is every team member’s responsibility.<br />
In order to maintain and effectively administer this policy, the support and<br />
participation of Company team members is mandatory. The Company is<br />
committed to providing a workplace that is free from acts of violence or<br />
threats of violence. Such conduct will not be tolerated whether actual or<br />
threatened against co-workers, visitors, or any other persons who are either<br />
on our premises or who have contact with team members in the course of<br />
their duties.<br />
Team members must report to their manager the incident witnessed, or<br />
discovered in any way, involving an actual or threatened act of violence. An<br />
investigation of the report will commence and all necessary remedial action<br />
will be taken by the Company. Remedial action may include disciplinary<br />
action up to and including immediate termination of employment. Potential<br />
and actual workplace safety or security dangers must also be reported to a<br />
manager. Team members are required to report any and all events or<br />
situations that violate this policy and may do so without fear of retaliation of<br />
any kind.<br />
Additional information concerning the safety and anti-violence policies of<br />
the Company is provided in the Company’s Injury and Illness Prevention<br />
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Program. If you require any further information regarding this policy, please<br />
contact the Team Member Relations Department.<br />
Workday and Workweek Definitions<br />
BJ’s workweek is defined as Wednesday to Tuesday. BJ’s workday is<br />
defined as 4:00 a.m. to 3:59 a.m. the following day.<br />
Work Schedules<br />
Your restaurant managers will try to balance your scheduling needs and the<br />
needs of the restaurant, to the extent reasonable and in the discretion of<br />
management. The schedules will generally be posted in advance for a 2-<br />
week period and can be viewed on Hot Schedules. It is your responsibility to<br />
cover your shift(s) if you are unable to work. All schedule changes must be<br />
approved by a manager. Any schedule changes not approved by<br />
management can result in disciplinary action up to and including termination<br />
for the person whose original shift it was.<br />
Workers’ Compensation<br />
BJ’s strives to provide you with a safe working environment. Safety policies<br />
and procedures are intended to help team members focus on preventing<br />
injuries. If you are injured on the job, report the accident to your supervisor<br />
immediately.<br />
If you are injured while working, BJ’s is committed to caring for your needs<br />
through our Workers’ Compensation Program. We also have a Return to<br />
Work Program that helps injured team members work again as soon as<br />
possible.<br />
• If you are injured while working and medical treatment is necessary as a<br />
result of that injury, you must report your injury and it will be promptly<br />
submitted to our Workers’ Compensation Carrier.<br />
• If you are medically able, we want you to return to work at full capacity.<br />
If your physical activity is restricted by a doctor, management may offer<br />
modified job duties, when reasonable, to accommodate your restrictions.<br />
• For all team members in California, we embrace your right to choose you<br />
own doctor from a list of our network doctors. Please notify your General<br />
Manager or contact the Risk Management department for additional<br />
information.<br />
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State-Specific Leave Addendum<br />
BJ’s is committed to complying with all state and local laws regulating<br />
employment in the states in which it operates. Below is a reference guide to<br />
state-specific policies that are not addressed in the Leave of Absence section<br />
above. Please refer to the state in which you work for additional policies<br />
applicable to your employment. Policies listed in the addendum that are<br />
applicable in states where you do not work will not apply to you. Where<br />
leave is unpaid, team members may request the use of accrued, unused<br />
vacation during the otherwise unpaid leave.<br />
Victim Leave<br />
Arizona<br />
Upon written request to the Team Member Relations Department, team<br />
members who have been a victim of a crime, or who have an immediate<br />
family member who was killed or incapacitated due to a crime, may take<br />
unpaid time off from work to attend the related court proceedings, including<br />
but not limited to proceedings to obtain or attempt to obtain an order of<br />
protection, an injunction against harassment or any other injunctive relief to<br />
help ensure the health, safety or welfare of the team member or the team<br />
member’s child. Team members must provide appropriate documentation<br />
from applicable law enforcement, agencies or courts to the Team Member<br />
Relations Department, including documentation of scheduled proceedings.<br />
Time Off For Voting<br />
Under certain circumstances related to a team member’s scheduled work<br />
time and polling hours, a team member may be eligible for unpaid voting<br />
leave. If a team member wishes to take time off during regularly scheduled<br />
work hours to vote, he or she may inquire with the Team Member Relations<br />
Department regarding the availability of voting leave.<br />
Volunteer Firefighter Leave<br />
Volunteer firefighters may be absent from work without pay to respond to an<br />
emergency summons provided that the volunteer firefighter team member<br />
provides documentation from the chief of the fire department that the<br />
emergency response was the reason for the absence. Under certain<br />
circumstances, volunteer firefighters may also be permitted to leave work to<br />
respond to a fire emergency. Team members who are volunteer firefighters<br />
should contact the Team Member Relations Department for more<br />
information.<br />
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California<br />
California’s Family and Medical Leave Act<br />
BJ’s complies with California’s Family Rights Act (“CFRA”) which<br />
provides protections similar to those provided by the federal Family and<br />
Medical Leave Act (“FMLA”).<br />
Pregnancy-Related Disability Leave and Accommodation<br />
Under California’s Pregnancy Disability Leave Law, a team member<br />
disabled due to pregnancy, childbirth or related medical conditions is eligible<br />
for an unpaid leave of absence of up to four months for the period of such<br />
disability. Team members who are affected by pregnancy-related medical<br />
condition are also eligible to transfer to a less strenuous or hazardous<br />
position or to less strenuous or hazardous duties, if available. Team<br />
members also may be entitled to reasonable accommodation for conditions<br />
related to pregnancy, childbirth or related medical conditions upon request,<br />
where such reasonable accommodation would not cause an undue hardship<br />
to the Company. A request for a transfer or reasonable accommodation must<br />
be supported by a written certification by the team member’s health care<br />
provider that such a transfer or accommodation is medically advisable.<br />
When medically advisable, a Pregnancy Disability Leave may be taken<br />
intermittently or on a reduced work schedule. Multiple disability leaves for<br />
the same pregnancy will be combined for purposes of calculating the four<br />
months.<br />
Pregnancy Disability Leaves are unpaid. Team members may elect to use<br />
any accrued, unused vacation during a Pregnancy Disability Leave. The<br />
substitution of paid time for unpaid leave time does not extend the maximum<br />
four-month Pregnancy Disability Leave period.<br />
If possible, a team member must provide at least 30 days’ notice of her<br />
intention to take leave, or as much notice as is possible under the<br />
circumstances. A request for leave must be supported by a medical<br />
certification from the team member’s health care provider.<br />
Generally, upon return from an approved Pregnancy Disability Leave that<br />
does not exceed the maximum available leave, a team member will be<br />
reinstated to the same position or a comparable position, subject to any<br />
applicable exceptions. In addition, any right to reinstatement terminates if a<br />
team member fails to return to work at the end of an approved leave, in<br />
accordance with applicable laws. As a condition of returning from a<br />
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January 2012
Pregnancy Disability Leave, a team member must provide the Company with<br />
a certification from her health care provider that she is able to resume work.<br />
Paid Family Leave<br />
The California Paid Family Leave (“PFL”) insurance program provides<br />
disability compensation to cover individuals who take time off of work to<br />
care for a seriously ill child, spouse, parent, or registered domestic partner,<br />
or to bond with a new child. If a team member is eligible for PFL insurance<br />
benefits through the state of California, then the team member may be<br />
required to use up to two weeks of accrued vacation before the team member<br />
will be entitled to receive PFL benefits. The receipt of PFL benefits or the<br />
substitution of paid leave for unpaid leave time does not create a leave right<br />
in itself or extend the 12-week Family/Medical Leave period.<br />
Donor Leave<br />
Team members in California may take up to 5 days of paid leave for bone<br />
marrow donation and up to 30 days of paid leave for organ donation during<br />
any one-year period, which will be calculated on a rolling 12-month basis<br />
measured backwards from the date the team member’s donor leave is<br />
scheduled to begin. Donor leave may be taken intermittently. In order to be<br />
eligible for donor leave, the team member must provide written<br />
documentation from a medical provider to the Team Member Relations<br />
Department verifying that (1) the team member is donating bone barrow or<br />
an organ, and (2) there is a medical necessity for the donation. Team<br />
members taking donor leave will be required to take up to five days of<br />
earned but unused vacation leave for bone marrow donation and up to two<br />
weeks of earned but unused vacation leave for organ donation. The right to<br />
donor leave is in addition to any leave taken pursuant to the Family and<br />
Medical Leave Act or the California Family Rights Act. Any period of time<br />
during which the team member takes donor leave will not be considered a<br />
break in his or her continuous service for the purpose of his or her right to<br />
salary adjustments, vacation, or seniority. Upon return from donor leave, the<br />
team member will be reinstated to the same or an equivalent position. The<br />
Company will maintain group health coverage for the period during which a<br />
team member takes donor leave.<br />
Rehabilitation Leave<br />
BJ’s is committed to providing assistance to team members to overcome<br />
substance abuse problems. BJ’s will reasonably accommodate any<br />
California team member who wishes to voluntarily enter and participate in<br />
an alcohol or drug rehabilitation program in accordance with California law.<br />
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This accommodation may include time off without pay or an adjusted work<br />
schedule, provided the accommodation does not impose an undue hardship<br />
on BJ’s. A team member needing such accommodation should notify his/her<br />
manager. BJ’s will take reasonable steps to safeguard team members’<br />
privacy with respect to the fact that they are enrolled in an alcohol or drug<br />
rehabilitation program.<br />
Time Off For Voting<br />
In the event a California team member does not have sufficient time outside<br />
of working hours to vote in a statewide election, the team member may take<br />
off enough working time to vote. This time should be taken at the beginning<br />
or end of the regular work schedule, whichever allows the most free time for<br />
voting and the least time off from work. A team member will be allowed a<br />
maximum of two hours of voting leave on election day. Team members<br />
should notify their manager of the need for leave at least three working days<br />
prior to election day.<br />
Time Off For Victims of Serious Crimes<br />
California team members who are victims of domestic violence or sexual<br />
assault may take unpaid time off necessary to seek judicial relief to help<br />
ensure the health, safety, or welfare of the team member or a child. This<br />
may include efforts to obtain a temporary restraining order, a restraining<br />
order, or other injunctive relief from a court. Victims of domestic violence<br />
or sexual assault may also take time off to (a) undergo treatment for physical<br />
or mental injuries or abuse, (b) seek medical attention for injuries, (c) obtain<br />
services from a domestic violence shelter, program or rape crisis center, (d)<br />
obtain psychological counseling, (e) participate in safety planning or (f) take<br />
other actions to increase safety from future domestic violence or sexual<br />
assault, including temporary or permanent relocation.<br />
If a team member needs time off from work for one of these purposes, he or<br />
she must provide reasonable notice to his or her manager. If an unscheduled<br />
or emergency court appearance is required for the health, safety or welfare of<br />
the domestic violence or sexual assault victim or a child, the team member<br />
must provide evidence from the court or prosecuting attorney that he or she<br />
has appeared in court within a reasonable time after the court appearance.<br />
Time Off For School Children’s Activities<br />
Under certain circumstances, team members in California who are parents,<br />
guardians or grandparents having custody of school children from<br />
kindergarten through Grade 12 or who attend licensed child day care<br />
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facilities are provided unpaid time off to participate in school or day care<br />
activities in an amount not more than 40 hours in a year or 8 hours in any<br />
calendar month. The Company may require proof that the team member<br />
participated in the school activities. Team members may use accrued<br />
vacation time or take unpaid time off for this purpose. Reasonable notice<br />
must be given to a manager before taking any time off for school children.<br />
Parents or guardians of school children who have been suspended are also<br />
allowed to take unpaid time off to appear in the school of the pupil pursuant<br />
to a request from the school.<br />
Military Family Leave<br />
A team member who is the spouse of a member of the armed services and<br />
who performs an average of 20 hours or more work per week for the<br />
Company may take up to 10 days of unpaid leave while his or her spouse is<br />
on leave from deployment during a period of military conflict provided that<br />
the team member gives the Team Member Relations Department notice<br />
within two business days of receiving official notice that their spouse will be<br />
on leave and provides documentation demonstrating that his or her spouse<br />
will be on leave during the team member’s time off.<br />
Emergency Services Leave<br />
Team members who are volunteer firefighters, reserve police officers, or<br />
emergency rescue personnel may take unpaid time off to perform emergency<br />
services in this capacity. In addition, team members who are volunteer<br />
firefighters may take an aggregate of 14 days per calendar year off for fire or<br />
law enforcement training.<br />
Victim Leave<br />
Colorado<br />
Upon written request to the Team Member Relations Department, team<br />
members who are victims of the crimes of domestic abuse, stalking or sexual<br />
assault may take up to three days of unpaid leave to obtain certain types of<br />
protection including to seek protective orders, obtain medical care or mental<br />
health counseling for themselves or their children, secure their home, seek<br />
legal assistance, and attend or prepare for court proceedings arising from the<br />
crime.<br />
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January 2012
Parental Involvement in K-12 Education Act<br />
Upon written request to the Team Member Relations Department, eligible<br />
team members may take unpaid time off to attend certain academic activities<br />
for or with the team member’s child or any child for whom the team member<br />
has primary legal responsibility. Leave by full-time team members may not<br />
exceed six hours in any one-month period or 18 hours in any academic year.<br />
Part-time team members are entitled to time off in proportion to their work<br />
hours. Team members must attempt to schedule these activities outside of<br />
regular work hours and, except in emergency, must notify the Team Member<br />
Relations Department in writing of the need for leave at least one week in<br />
advance. BJ’s may require that the leave be taken in increments of three<br />
hours or less and may require verification of the activity from the school.<br />
Compensation During Jury Service<br />
BJ’s will compensate its regularly employed team members for the first three<br />
days of trial or grand jury service, not to exceed $50 per day. Payment will<br />
be made within 30 days of presentation of the team member’s tender of<br />
the juror service certificate. BJ’s prohibits harassing, threatening or coercing<br />
a team member, depriving any team member of employment or the incidents<br />
of employment because of juror service, and making any demands that<br />
would conflict with juror service.<br />
Voting Leave<br />
Team members who work a schedule on election day in which the polls are<br />
not open either three hours prior to the start of the team member’s shift or<br />
three hours after the end of the team member’s shift may take up to two<br />
hours to vote with pay on election day during the time the polls are open.<br />
Team members should notify their manager of the need for leave prior to<br />
election day.<br />
Victim Leave<br />
Florida<br />
Upon written notice to the Team Member Relations Department including<br />
documentation of the reason for the leave, a team member who has been<br />
employed for at least three months and who is him or herself a victim of<br />
domestic violence or sexual assault or who has a family or household<br />
member who is a victim of domestic violence or sexual assault may be<br />
eligible for up to three working days of unpaid leave to seek a protective<br />
injunction, to obtain medical care or mental health counseling, to obtain<br />
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January 2012
services from a victim services organization, to make his or her home secure,<br />
or to seek legal assistance or attend court proceedings related to the domestic<br />
violence or sexual assault.<br />
Military Family Leave Act<br />
Indiana<br />
Upon written request to the Team Member Relations Department and<br />
documentation verifying eligibility for leave, an eligible team member may<br />
take up to a 10-day unpaid leave of absence during the period that a spouse,<br />
parent, child, grandchild, or sibling is ordered to active military duty or<br />
during the 30 days immediately preceding or following the active duty under<br />
conditions otherwise similar to the Family and Medical Leave Act. Unless<br />
the active duty orders are issued less than 30 days before the requested leave<br />
time, the team member must submit his or her written request for leave at<br />
least 30 days prior to the start of the requested leave.<br />
Voluntary Firefighter Leave<br />
Work absences of team members who are volunteer firefighters may be<br />
excused if the team member has provided the Team Member Relations<br />
Department prior written notice that he or she is a volunteer firefighter and<br />
provides his or her General Manager documentation from a fire department<br />
official that the absence was due to emergency firefighting activity.<br />
Volunteer fighters injured in the course of their volunteer firefighting may be<br />
eligible for additional leave time related to the injury and treatment. Team<br />
members who are volunteer firefighters injured in the course of providing<br />
emergency services should contact the Team Member Relations Department<br />
for more information.<br />
Adoption Leave<br />
Kentucky<br />
Upon written request to the Team Member Relations Department, team<br />
members adopting a child under the age of seven may be eligible to take up<br />
to six weeks of unpaid leave.<br />
Voting Leave<br />
Upon written request to a restaurant manager or the Team Member Relations<br />
Department prior to election day, team members may obtain leave of a<br />
reasonable time not less than four hours in order to vote at the polls or cast<br />
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an absentee ballot. Team members taking voting leave will be required to<br />
provide proof that they cast a ballot during their leave time. Team members<br />
who serve as an election officer may be eligible for additional leave time.<br />
Please contact the Team Member Relations Department for additional<br />
information.<br />
Leave for Volunteer Firefighters and Emergency Service Personnel<br />
A team member who serves as a volunteer firefighter, rescue squad member,<br />
emergency medical technician, peace officer or member of an emergency<br />
management agency will be excused for absences or tardiness due to<br />
response to an emergency provided that the team member provides a written<br />
statement from a supervisor of the emergency department confirming that<br />
the absence or tardiness was due to emergency services. Team members<br />
who are injured in the course of providing one of the above emergency<br />
services may be entitled to additional leave time for absences due to the<br />
injury and treatment thereof. Team members who believe that they may be<br />
eligible for this leave should contact the Team Member Relations<br />
Department for further information.<br />
School Visitation Leave<br />
Louisiana<br />
Upon advance written notice to the Team Member Relations Department,<br />
team members may be eligible for up to 16 hours of unpaid leave in any<br />
twelve month period to attend, observe, or participate in conferences or<br />
classroom activities that are conducted in the school or daycare center of<br />
their dependent child(ren). Team members must make reasonable efforts to<br />
schedule these activities outside work hours before applying for leave time<br />
and, if leave is required, must make reasonable efforts to schedule these<br />
activities so that they do not unduly disrupt the Company’s operations.<br />
Team members may use accrued vacation time for school visitation leave.<br />
Bone Marrow Donor Leave<br />
Upon advance written notice to the Team Member Relations Department,<br />
team members who on average work 20 or more hours per week may be<br />
eligible for paid leave of up to 40 hours to undergo a medical procedure to<br />
donate bone marrow. Team members must submit documentation from a<br />
physician relating to the purpose and length of any bone marrow donor<br />
leave.<br />
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Pregnancy Disability Leave<br />
Team members are entitled to pregnancy leave for the reasonable period of<br />
time that a team member is disabled on account of pregnancy, childbirth, or<br />
related medical conditions, not to exceed four months. Team members must<br />
provide the Team Member Relations Department reasonable notice, to the<br />
extent practicable, of the date that the leave will commence and the length of<br />
the leave.<br />
Parental School Leave<br />
Nevada<br />
Team members may be eligible for leave to attend conferences requested by<br />
an administrator of a school attended by the team member’s child. In<br />
addition, parents, guardians or custodians of a child who is enrolled in a<br />
public or private school may take unpaid leave from employment for four<br />
hours per school year to attend certain functions such as parent-teacher<br />
conferences or school-related activities during regular school hours. The<br />
leave must be taken at a time mutually agreed upon by the team member and<br />
BJ’s and must be taken in increments of at least one hour. A team member<br />
seeking time off for these reasons must make a written request for the leave<br />
at least five school days before the leave will be taken and must provide<br />
documentation that he or she actually used the leave for a proper purpose.<br />
Voting Leave<br />
If it is impracticable for a team member to vote before or after his or her<br />
scheduled shift, he or she may be eligible for unpaid voting leave. Any team<br />
member wishing to take voting leave must give a restaurant manager or the<br />
Team Member Relations Department notice in writing prior to election day.<br />
This notice must include the address of the polling place where the team<br />
member votes.<br />
Jury Duty Leave<br />
Team members may obtain unpaid leave to attend jury duty and are not<br />
required to work within eight hours prior to the scheduled jury duty service<br />
or, if the jury duty service has lasted four or more hours, between the hours<br />
of 5 p.m. on the day of jury service and 3 a.m. the following day. Team<br />
members must provide to their General Manager at least three days prior to<br />
the scheduled jury service a copy of the notice to employer that accompanies<br />
a Nevada jury duty service summons.<br />
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Ohio<br />
Pregnancy Disability, Maternity and Adoption Leave<br />
Upon written request to the Team Member Relations Department, BJ’s<br />
provides eligible team members a reasonable unpaid leave of absence for<br />
childbearing, adoption, and/or in the event a pregnant team member becomes<br />
temporarily disabled as a result of the pregnancy. Team members may use<br />
available vacation balances during the waiting period for Ohio parental leave<br />
benefits and to supplement their parental leave benefits.<br />
Victim Leave<br />
Upon written notice to the Team Member Relations Department including<br />
documentation of the reason for the leave, a team member who has been a<br />
victim of a crime may obtain unpaid leave at a prosecutor’s request to<br />
prepare for a criminal or delinquency proceeding or to attend criminal or<br />
delinquency proceedings pursuant to subpoena.<br />
Voting Leave<br />
Oklahoma<br />
Team members may be eligible for unpaid voting leave where their polling<br />
location is open less than three hours prior to the team member’s shift and<br />
less than three hours after the end of the team member’s shift. The team<br />
member must contact a restaurant manager or the Team Member Relations<br />
Department in advance of election day so that the Company may determine<br />
whether or not a schedule change is possible. If a scheduling change is not<br />
possible, a team member may be entitled to two hours of paid leave for<br />
voting which will be scheduled by the Company and for which the team<br />
member must provide proof that he or she voted.<br />
Oregon Family Leave Act<br />
Oregon<br />
Under the Oregon Family Leave Act (“OFLA”), eligible team members may<br />
take up to 12 weeks of unpaid OFLA leave per year for the birth, adoption or<br />
placement of a child (parental leave); to care for a family member (parents,<br />
parents-in-law, child, spouse, grandparents, grandchildren, same sex<br />
domestic partner, and parents/child of same sex domestic partner) with a<br />
serious health condition or the employee’s own serious health condition,<br />
including pregnancy (serious health condition leave); for a pregnancy<br />
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January 2012
disability or prenatal care (pregnancy disability leave); or to care for a sick<br />
child who does not have a serious health condition, but requires home<br />
care when no other family member is willing or able to provide care (sick<br />
child leave).<br />
OFLA allows parents who have taken a full 12 weeks of parental leave to<br />
take up to an additional 12 weeks of unpaid leave to care for a sick child<br />
requiring home care. Up to an additional 12 weeks of unpaid leave is also<br />
available to women for an illness, injury or condition related to pregnancy or<br />
childbirth. Eligible team members may take up to 14 regular working days<br />
of unpaid leave for a spouse or registered same sex domestic partner’s<br />
deployment to, or leave from, active duty in the Armed Forces,<br />
National Guard or Reserves during periods of military conflict (deployment<br />
leave). Team members must be allowed to use any available accrued<br />
vacation or sick time during any OFLA leave. Time taken for purposes of a<br />
workers’ compensation injury will not be considered as OFLA leave if the<br />
injury qualifies as a serious health condition under OFLA.<br />
To be eligible to take leave to care for a newborn or newly adopted or placed<br />
child, team members must be employed for at least 180 days. To be eligible<br />
for deployment leave, the team members must have worked at least 180 days<br />
and at least an average of 20 hours per week preceding the leave. For all<br />
other types of OFLA leave, team members must have worked at least 180<br />
days and at least an average of 25 hours per week preceding the leave.<br />
Team members must provide their General Manager with 30 days written<br />
notice of a request for leave, unless it is an emergency. Upon return from an<br />
approved leave, BJ’s will return the team member to his or her former job or<br />
place the team member in an equivalent job if the former position no longer<br />
exists.<br />
Domestic Violence and Other Crime Victim Leave<br />
BJ’s provides reasonable accommodations to domestic violence victims,<br />
including a reasonable safety accommodation requested by a team member<br />
who is a victim of domestic violence, sexual assault, or stalking. BJ’s will<br />
not discriminate or retaliate against an applicant or team member because<br />
s/he is a victim of domestic violence, sexual assault, or stalking. Team<br />
members, who have worked an average of 25 hours per week for at least 180<br />
days immediately prior to the leave and who are victims of<br />
domestic violence, sexual assault, or stalking, or whose children are victims<br />
of such crimes, may take reasonable unpaid time off from work to get legal<br />
help, medical treatment, or counseling, to heal from their injuries, to move<br />
to safety, or to obtain medical treatment or mental health counseling for their<br />
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minor child who has been a victim of domestic violence, sexual assault, or<br />
stalking.<br />
Team members who have worked an average of 25 hours per week for at<br />
least 180 days immediately prior to the leave may also take time off from<br />
work to attend related criminal proceedings if they or an immediate family<br />
member has been the victim of certain types of violent crimes. Team<br />
members seeking such leave must provide reasonable notice to the Company<br />
including a copy of any notices of scheduled criminal proceedings.<br />
Marrow Donor Leave<br />
Team members who work an average of 20 hours or more per week may<br />
utilize any already accrued paid leave of absence time up to 40 work hours to<br />
undergo a medical procedure to donate bone marrow. Team members<br />
seeking to utilize bone marrow donor leave must provide physician<br />
verification of the purpose and length of the leave to the Team Member<br />
Relations Department.<br />
Disaster Relief Volunteer Leave<br />
Team members who are search and rescue volunteers accepted to participate<br />
in search and rescue by a sheriff may be eligible for leave to participate in<br />
search and rescue activities upon written notice to the Team Member<br />
Relations Department.<br />
Voting Leave<br />
Texas<br />
If the polls are not open for two hours outside of a team member’s work<br />
hours on election day, that team member may be eligible for paid leave to<br />
vote. Team members who believe that they may be eligible for and wish to<br />
take voting leave should contact the Team Member Relations Department in<br />
advance.<br />
Washington<br />
Washington’s Family and Medical Leave Act<br />
BJ’s complies with Washington’s Family and Medical Leave Act<br />
(“WFMLA”) which mirrors the protections provided by the federal Family<br />
and Medical Leave Act.<br />
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Pregnancy Disability Leave<br />
Team members who are sick or temporarily disabled because of pregnancy<br />
or childbirth are entitled to an unpaid leave of absence for the period of time<br />
they are sick or temporarily disabled. Where a team member is eligible for<br />
FMLA leave, leave taken due to disability relating to pregnancy or childbirth<br />
is in addition to any FMLA (or WFMLA) time.<br />
Voting Leave<br />
The Company will make every effort to ensure that team members are<br />
scheduled such that each team member will have a reasonable time of up to<br />
two hours that the polls are open off work and available to vote. If for any<br />
reason a team member is not so scheduled, the team member should<br />
immediately contact the Team Member Relations Department so that<br />
appropriate arrangements can be made.<br />
Leave for Victims of Domestic Violence, Sexual Assault, and Stalking<br />
Upon written request to the Team Member Relations Department with as<br />
much advance notice as possible, team members who are victims of violent<br />
crimes, domestic violence, sexual assault or stalking may take reasonable<br />
unpaid leave for legal or law-enforcement assistance, medical treatment or<br />
counseling. Team members also may take reasonable unpaid leave to help<br />
family members who are victims of violent crimes, domestic violence,<br />
sexual assault or stalking obtain needed treatment or services. Upon written<br />
request to the Team Member Relations Department with as much advance<br />
notice as possible, witnesses to violent crimes, domestic violence, sexual<br />
assault or stalking also will be provided reasonable unpaid leave so that they<br />
may cooperate with the criminal justice system.<br />
Leave for Spouses of Deployed Military Personnel<br />
Eligible team members who work an average of 20 or more hours per week<br />
can take up to 15 days of unpaid leave when, during a period of military<br />
conflict, a spouse, whether in the armed forces, national guard or reserves, is<br />
being called to active duty or is on leave from deployment. Team members<br />
must provide reasonable notice (ordinarily within 5 days of receiving the call<br />
to duty) of the need for leave when possible to the Team Member Relations<br />
Department.<br />
Voluntary Firefighter Leave<br />
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Team members who are volunteer firefighters may take leave to respond to<br />
an alarm of fire or emergency call.<br />
Let’s Get Started!<br />
We hope you have a better understanding of the policies, procedures and<br />
your benefits from this brief overview. As stated before, it would be<br />
impossible to list every benefit and policy in this handbook. If you have any<br />
questions or want more information, the Human Resource Department will<br />
be glad to provide you with more detail. In addition, feel free to contact one<br />
of your managers, your General Manager, or your Director of<br />
Operations/Area Vice President for any other help or questions at any time<br />
regarding information in this handbook or your employment at BJ’s.<br />
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Handbook Acknowledgment and Agreement<br />
I hereby acknowledge that I received and have read a copy of the BJ’s<br />
Restaurants, Inc. Team Member Handbook. I understand that, except for the<br />
employment-at-will policy, the information in the handbook is subject to<br />
change at any time at the sole discretion of BJ’s and that such changes may<br />
supersede, revise, or eliminate one or more policies, benefits and practices<br />
described in this handbook.<br />
In consideration for my employment and continued employment, I agree that<br />
my employment is subject to and I am bound by all of the procedures,<br />
standards, and regulations contained in this handbook. I understand this<br />
handbook in no way creates any rights, contract, or guarantee of continued<br />
employment, benefits, or working conditions for me.<br />
I understand and agree that my employment with BJ’s is “at-will” and may<br />
be terminated with or without cause and without notice, at any time, at the<br />
option of either BJ’s or myself. I also understand that any dispute regarding<br />
my employment must be resolved through the mandatory and exclusive<br />
arbitration procedure described in this handbook and/or in my Arbitration<br />
Agreement.<br />
I further understand that no management representative, other than the Chief<br />
Executive Officer, has any authority to enter into any agreement that would<br />
limit either my right or BJ’s right to terminate our employment relationship<br />
at-will at any time, as provided above, or to make any other agreement<br />
contrary to the foregoing. Any such agreement must be in a writing signed<br />
by me and the President or Chief Executive Officer of BJ’s. This represents<br />
an integrated agreement with respect to the at-will nature of the employment<br />
relationship.<br />
I agree to treat everyone I interact with while working for BJ’s with dignity<br />
and respect and to comply with all policies and laws regarding equal<br />
opportunity employment practices and prohibiting unlawful harassment,<br />
discrimination, and retaliation.<br />
Signed: ____________________________________<br />
Team Member<br />
__________________________________________________<br />
Team Member Name Printed<br />
Date: __________________<br />
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