801 Restaurant Group Employee Handbook August 2022
Congratulations
You have been selected as an employee of 801 Restaurant Group (“the Company”).
Many people applied for the position that you have been offered. We chose you
because we consider you to be the absolute best qualified candidate for our restaurant’s
needs. Your employment with 801 Restaurant Group will provide you daily challenges,
personal and professional growth, and an opportunity to learn from some of our industry’s
most talented individuals.
We believe in two basic principles:
1. Treat everyone that you encounter with respect.
2. Treat everyone as your guest.
As an employee of 801 Restaurant Group, you will be expected to be mentally and
physically prepared for your shift. Our success will rely on your commitment to work hard,
remain dedicated to our philosophy of uncompromising service and attaining the highest
standards achievable.
This handbook, including any applicable state supplements, is intended to give all
employees information about 801 Restaurant Group’s general employment policies,
procedures, and benefits. Please read this handbook carefully and be positive that you
understand all the information provided. Additionally, many matters covered by this
Handbook are also described in separate official documents, and such official documents are
always controlling over any statement made in this Handbook or by any supervisor or
manager.
Whenever you need additional information, please feel free to contact your General
Manager, Assistant General Manager, or the Chief Financial Officer.
Neither this handbook nor any other company guidelines, policies or practices
creates an employment contract, bargain, or agreement, express or implied, or
confers any contractual rights whatsoever. It does not guarantee employment for
any specific duration. Your employment with 801 Restaurant Group is “at-will.”
You, or 801 Restaurant Group, may terminate this employment relationship at any time, for
any reason, with or without cause or notice.
In addition, no member of management or other representative of 801 Restaurant
Group has the authority to make to any employee, individually or on a collective basis, any
verbal promises, commitments or statements of any kind regarding the Company’s policies,
procedures or any other issues that are legally binding on the Company, except by an express
written agreement signed by both the employee and the Chief Executive Officer of 801
Restaurant Group. The policies contained in this Handbook supersede all previous versions
and any contrary representations that have been made.
801 Restaurant Group intends to comply with all federal, state and local laws. Thus,
in the event any provision of this Handbook ever runs contrary to applicable law, the law
controls. Additionally, to the extent state law provides employees with additional benefits,
above and beyond those spelled out in this Handbook, state law again controls.
Table of Contents
I. Introductory Period of Employment
III. Equal Opportunity Employment
IV. Policy Against Harassment, Discrimination & Retaliation
VII. Workplace Violence Policy 13
VIII. Accidents on Company Premises 14
IX. Employee Benefits 16
X. Wages, Hours Worked & Schedules 22
XI. Workplace Standards 26
Employee Liquor Liability Agreement 32
Employee Acknowledgement 33
VII. Workplace Violence
801 Restaurant Group is firmly committed to providing a workplace that is free from acts of
violence, threats of violence, and all forms of harassment, coercion, and intimidation. This
prohibition applies to all persons including, but not limited to, employees, applicants,
temporary employees, clients, vendors, and guests and any other person on the premises of
the restaurant or 801 Restaurant Group offices.
Specific examples of conduct that may constitute threats or acts of violence under this policy
include, but are not limited to, the following:
Overt threats or acts of physical harm directed toward an individual or the individual’s
family, friend, associate, or property;
The intentional damage, destruction, or threat of destruction of Company property or
the property of others while on Company property or in the conduct of Company
business;
Harassing or threatening phone calls, hang-ups, email, notes, letters, or any other
means of communication, including acts of cyber bullying in any form;
Unauthorized surveillance (including private videotaping, audio taping, and
photography); and
Stalking.
Never attempt to confront any person exhibiting threatening or violent behavior. Instead,
warn others in the area and notify management as required below.
Robberies
1. In the event of a robbery, remain calm.
2. If an argument or fight breaks out on the premises, call the police, and do not use physical
force.
3. Do not be drawn outside the restaurant for any reason.
4. Do not try to physically stop a shoplifter or robber.
5. Keep the robbery as short as possible – do not resist or argue with a robber.
6. Keep your hands visible at all times.
7. Warn the robber of the movements you are going to make, such as reaching for a bag or
opening the cash register.
8. Do not chase or follow the robber as the robber leaves; call the police.
9. Do not pull a weapon if you are being held up.
Reporting: Individuals are required to report any incident involving a threat of violence or
act of violence immediately to their supervisor, Assistant General Manager/ General Manager,
and to the Chief Financial Officer at 801 Restaurant Group Headquarters. Acts of workplace
violence may also be reported to appropriate outside authorities (911). At no time will any
individual be subject to any kind of retaliation for reporting prohibited conduct.
The Company will conduct a prompt investigation and will respond promptly to the incident
by taking proper action. All witnesses who are questioned during the investigation must
cooperate and act in good faith. Failure to cooperate may lead to discipline up to and including
termination.
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Individuals who have committed or are suspected of having committed acts of workplace
violence may be immediately removed from the premises pending the completion of an
investigation by the Company. A violation of the Company’s workplace violence policy may
be grounds for disciplinary action, up to and including termination/separation from the
Company.
If you have reason to believe that events in your personal life could result in acts of violence
occurring at work, you are urged to confidentially discuss the issue with your General Manager
so that a prevention plan can be developed. If you are not comfortable discussing the issue
with your General Manager, please contact the Chief Financial Officer at 801 Restaurant Group
Headquarters.
VIII. Accidents on Company Premises
It is our goal to prevent work-related injuries from happening. We are always concerned when
one of our employees is injured or ill due to a work-related condition. We believe that such
absences represent a great cost both to 801 Restaurant Group and to its employees, and we
want our injured employees to receive the best possible medical treatment immediately to
ensure the earliest possible recovery and return to work.
Any accident that occurs on Company premises, be it that of a guest or of an employee, should
be reported immediately to the Assistant General Manager and/or General Manager.
801 Restaurant Group has workers’ compensation benefits available for employees who have
suffered work-related injuries, and if an employee is injured on the job, the employee will
usually be entitled to those benefits.
If you are injured while working, please report it immediately to management as outlined below,
no matter how minor the injury may be. Failure to timely report work place injuries or illnesses
may affect employees’ eligibility to receive workers’ compensation benefits.
Pursuant to the Company’s workers’ compensation program, the insurance adjuster will
determine, based upon the insurance guidelines, whether an employee is eligible for medical
expenses under that program.
Employees should fully cooperate with the insurance adjuster and provide accurate and
complete information as soon as possible so that you receive all benefits to which you are
entitled. If you have problems or concerns, please contact the Chief Financial Officer at 801
Restaurant Group Headquarters.
Workers’ compensation and short-term disability (if applicable) are solely monetary benefits
and not leaves of absence.
Please review the below injury report and medical treatment procedures. All employees are
required to follow these procedures.
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Employee Injury Report/Medical Treatment Procedures: All work-related injuries, no
matter how minor, should be reported immediately to your Assistant General Manager or
General Manager, and in any case no later than the end of the shift in which the injury occurs.
• Employees must complete and sign an Incident Report form.
• When medical treatment is sought, injured employees must advise their supervisors that
they are seeking treatment.
• An assessment/evaluation of your current medical status must be completed by your
medical practitioner at each visit.
• 801 Restaurant Group will not accept a general note stating only that you are to be off
work.
• Employees who are unable to work and whose absences 801 Restaurant Group approves
must keep the company informed on a weekly basis of their status. Failure to do so may
result in a reduction in benefits available and disciplinary action, up to and including
termination from employment.
• When you are ready to return to work, employees must provide an assessment/evaluation
from a medical practitioner indicating they are capable of returning to full duty.
• Permanent restrictions will be evaluated on a case-by-case basis and will take into
consideration factors such as the essential functions of a position, and the reasonableness
and availability of potential accommodations.
Return to Work: 801 Restaurant Group strives to provide meaningful work activity for all
employees who become unable to perform all, or portions, of their regular work assignments.
Thus, we have implemented a return to work program, wherein we will make every attempt
to provide transitional or light duty work. However, transitional or light duty work is not
guaranteed under this program. The Company will review requests on a case-by-case basis
and will consider factors such as the availability and reasonableness of such alternative work.
Under this program, temporary light-duty work is available for up to 60 days (with a review
of your progress every 30 days) while you are temporarily unable to work in your regular job
capacity. Transitional or light duty work beyond 60 days will be evaluated on a case-by-case
basis. The return to work program is temporary and not to exceed six (6) months.
If you are unable to return to your regular job, but are capable of performing transitional
duty, you must return to transitional duty. Failure to do so will result in your not being eligible
for full disability benefits under the workers’ compensation program and may result in
disqualification for certain employee benefits and, in some cases, be a basis for termination.
If you are unable to return to your regular job or transitional duty, your absence must be
approved under the Family Medical Leave Act (FMLA) program or other federal or state law.
Please review the Company’s FMLA policy for further information.
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IX. Employee Benefits
We have chosen to provide the following employee benefits at 801 Restaurant Group for the
purpose of attracting the most desirable and qualified applicants and to encourage loyalty
among our employees. Many of the benefits offered are discretionary, and thus, 801
Restaurant Group reserves the right to rescind or modify our benefits as provided by
applicable law.
Full-Time Employees: Employees at 801 Restaurant Group who work an average of thirty
(30) hours per week, forty-eight (48) weeks per year are considered to be employed full-
time.
Vacation
This Vacation section applies to eligible employees except for those working in
Minneapolis, Minnesota. Minneapolis employees are subject to local Ordinance, and
their paid time off is governed by the Paid Time Off Policy contained in the Minnesota
State Supplement to this Employee Handbook. Minneapolis employees are not
eligible for any additional time off pursuant to this Vacation policy.
Full-time hourly employees will become eligible for an allotment of one (1) week of
paid vacation after they have completed a year of full–time, continuous employment.
Calculation of Vacation Pay: One week of vacation pay is equal to the employee’s
normal hourly rate or minimum wage (whichever is greater), multiplied by the average
hours per week of the sixteen (16) week period immediately preceding the vacation,
not to exceed forty (40) hours.
Vacation time must be taken all at once – i.e., you must take the full week off when
using your paid vacation time.
Vacation time will only be paid when a vacation is taken. Paid vacation time off is not
counted as hours worked for purposes of calculating overtime.
Unused vacation time may not be carried over from one year to the next, unless
required by applicable state law.
Unused vacation time will not be paid at the time of separation from 801 Restaurant
Group, unless required by applicable state law.
Vacation requests for hourly employees must be made in writing using the request off
book and are required to be submitted at least thirty (30) days in advance.
o Please keep in mind that every request cannot be filled. In some
circumstances, we may ask you to move your vacation time to facilitate the
smooth, continual operations of the restaurant.
Management employees should refer to their offer letter for information regarding their
vacation time allotment. Management employees must submit a vacation request
form at least 30 days in advance to their General Manager or Executive Chef.
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Health Insurance
801 Restaurant Group maintains a group health insurance policy for its management and full-
time employees after a sixty (60) day waiting period. Benefits are available the first calendar
day of the first full month following the waiting period.
To maintain eligibility for benefits, you must remain a full-time employee. 801 Restaurant
Group will pay 50% of the premium (for the employee only) for eligible participating
employees. Please contact your General Manager or the Chief Financial Officer at 801
Restaurant Group Headquarters for additional information and plan details.
Dental Insurance
801 Restaurant Group maintains a group dental insurance policy for its management and full-
time employees after a sixty (60) day waiting period. Benefits are available the first calendar
day of the first full month following the waiting period.
To maintain eligibility of benefits, you must remain a full-time employee. 801 Restaurant
Group doesn’t cover any portion of the premium for this insurance. Please contact your
General Manager or the Chief Financial Officer at 801 Restaurant Group Headquarters for
additional information and plan details.
Family and Medical Leave
Eligibility Requirements
Employees are eligible for FMLA leave if:
At least fifty (50) or more employees are employed within a 75-mile radius of the
employee’s work site;
The employee has been employed for at least one year; and
The employee has worked at least 1,250 hours within the previous twelve (12)
months.1
Basic Leave Entitlement
The FMLA requires covered employers to provide up to twelve (12) weeks of unpaid, job-
protected leave in a 12-month period to eligible employees for certain family and medical
reasons. The 12-month period is determined on a “rolling” 12-month period dating back from
the time the employee uses any FMLA leave. Leave may be taken for any one, or for a
combination, of the following reasons:
To care for the employee’s child after birth, or placement for adoption or foster care;
To care for the employee’s spouse, son or daughter, or parent (but not in-law) who
has a serious health condition; and/or
For the employee’s own serious health condition (including any period of incapacity
due to pregnancy, prenatal medical care or childbirth) that makes the employee unable
to perform one or more of the essential functions of the employee’s job.
1 Special hours of service requirements apply to airline flight crew employees.
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Leave to care for the employee’s child after birth, or placement for adoption or foster care
must be taken within one (1) year of the child’s birth or placement.
A serious health condition is an illness, injury, impairment, or physical or mental condition
that involves either an overnight stay in a medical care facility, or continuing treatment by a
health care provider for a condition that either prevents the employee from performing the
functions of the employee’s job, or prevents the qualified family member from participating
in school or other daily activities. Subject to certain conditions, the continuing treatment
requirement may be met by a period of incapacity of more than three (3) consecutive calendar
days combined with at least two visits to a health care provider or one visit and a regimen of
continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition.
Other conditions may meet the definition of continuing treatment.
Military Family Leave
Eligible employees with a spouse, son, daughter, or parent (but not in-law) on covered active
duty or called to covered active duty status (or has been notified of an impending call or order
to covered active duty) in the Reserve component of the Armed Forces for deployment to a
foreign country in support of a contingency operation or Regular Armed Forces for deployment
to a foreign country may use their 12-week leave entitlement to address certain qualifying
exigencies. Qualifying exigencies may include attending certain military events, arranging for
alternative childcare, addressing certain financial and legal arrangements, attending certain
counseling sessions, caring for the parents of the military member on covered active duty and
attending post-deployment reintegration briefings.
FMLA also includes a special leave entitlement which permits eligible employees (spouse, son,
daughter, parent (but not in-law) or next of kin of a covered service member) to take up to
twenty-six (26) weeks of leave to care for a covered service member with a serious injury or
illness during a single 12-month period (one time basis only). A covered service member is
a current member of the Armed Forces, including a member of the National Guard or
Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in
outpatient status, or is on the temporary retired list, for a serious injury or illness. These
individuals are referred to in this policy as “current members of the Armed Forces.” Covered
servicemembers also includes a veteran who is discharged or released from military services
under condition other than dishonorable at any time during the five year period preceding the
date the eligible employee takes FMLA leave to care for the covered veteran, and who is
undergoing medical treatment, recuperation or therapy for a serious injury or illness. These
individuals are referred to in this policy as “covered veterans.”
The FMLA definitions of a “serious injury or illness” for current Armed Forces members and
covered veterans are distinct from the FMLA definition of “serious health condition” applicable
to FMLA leave to care for a covered family member.
Job Benefits and Protection
If applicable, during FMLA leave, the Company must maintain health coverage under any
“group health plan” on the same terms as if the employee had continued to work. If paid
time off is substituted for unpaid leave, the Company will deduct the employee’s portion of
any applicable health plan premium as a regular payroll deduction. If the employee’s leave
is unpaid, the employee must make arrangements with their General Manager or the Chief
Financial Officer prior to taking leave to pay their portion of any applicable health insurance
premiums each month.
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The Company’s obligation to maintain health care coverage ceases if an employee’s premium
payment is more than 30 days late. If an employee’s payment is more than 15 days late, the
Company will send a letter notifying the employee that coverage will be dropped on a specified
date unless the co-payment is received before that date. If employees do not return to work
at the end of the leave period (unless employees cannot return to work because of a serious
health condition or other circumstances beyond their control), they will be required to
reimburse the Company for the cost of the premiums the Company paid for maintaining
coverage during their unpaid FMLA leave. For purposes of this paragraph, an employee will
be considered to have returned to work if the employee returns to work for at least 30
calendar days, or the employee retires at the end of the FMLA leave period or within 30 days
thereafter.
Upon return from FMLA leave, most employees must be restored to their original or equivalent
positions with equivalent pay, benefits, and other employment terms.
The use of FMLA leave cannot result in the loss of any employment benefits that accrued prior
to the start of an employee’s leave.
Use of Leave
An employee does not need to use this leave entitlement in one block. Leave can be taken
intermittently or on a reduced leave schedule when medically necessary. Employees must
make reasonable efforts to schedule leave for planned medical treatment so as not to unduly
disrupt the Company’s operations. Leave due to qualifying exigencies may also be taken on
an intermittent basis.
Substitution of Paid Leave for Unpaid Leave
Employees may use accrued vacation and/or PTO (to the maximum extent permitted by
applicable law) while on unpaid FMLA leave. The substitution of paid time for unpaid FMLA
leave time does not extend the length of FMLA leaves and the paid time will run concurrently
with an employee’s FMLA entitlement.
Upon written request, the Company will allow employees to use accrued vacation and/or PTO
to supplement any applicable paid disability, Workers’ Compensation or other monetary
benefits. Receipt of disability benefits, Workers’ Compensation benefits or other monetary
benefits does not extend the maximum amount of leave time to which an employee is eligible
under the FMLA.
Employee Responsibilities
Employees must provide thirty (30) days’ advance notice of the need to take FMLA leave when
the need is foreseeable. When thirty (30) days’ notice is not possible, the employee must
provide notice as soon as practicable and generally must comply with the Company’s normal
call-in procedures.
Employees must provide sufficient information for the Company to determine if the leave may
qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient
information may include that the employee is unable to perform job functions; the family
member is unable to perform daily activities, the need for hospitalization or continuing
treatment by a health care provider, or circumstances supporting the need for military family
leave. Employees also must inform the Company if the requested leave is for a reason for
which FMLA leave was previously taken or certified. Employees may also be required to
provide medical certification and periodic recertification supporting the need for leave.
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Employer Responsibilities
Covered employers must inform employees requesting leave whether they are eligible under
the FMLA. If they are, the notice must specify any additional information required as well as
the employees’ rights and responsibilities. If they are not eligible, the employer must provide
a reason for ineligibility.
Covered employers must inform employees if leave is designated as FMLA-protected and the
amount of leave counted against the employee’s leave entitlement. If the employer
determines that the leave is not FMLA-protected, the employer must notify the employee.
Unlawful Acts by Employers
FMLA makes it unlawful for the Company to:
Interfere with, restrain, or deny the exercise of any right provided under the FMLA;
Discharge or discriminate against any person for opposing any practice made unlawful
by the FMLA or for involvement in any proceeding under or relating to the FMLA.
Concerns regarding a possible violation with respect to either of these obligations should be
reported to a General Manager or the Chief Financial Officer.
Enforcement
Employees may file a complaint with the U.S. Department of Labor or may bring a private
lawsuit against an employer.
FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any
State or local law or collective bargaining agreement, which provides greater family or medical
leave rights.
Other Leaves
801 Restaurant Group, consistent with federal and state law, offers and administers many
additional forms of leave, where applicable, including: bereavement leave, jury duty, military
leave, pregnancy leave, crime leave and domestic violence leave, voting leave, emergency
response leave, etc. If you have questions about other types of leave or anticipate needing
leave, please notify your General Manager and the Chief Financial Officer as soon as
reasonably possible.
Reasonable Accommodation of Individuals with Disabilities
801 Restaurant Group recognizes and supports its obligation to reasonably accommodate job
applicants and employees with disabilities who are able to perform the essential functions of
the position, with or without reasonable accommodation. The Company will endeavor to provide
reasonable accommodation to otherwise qualified job applicants and employees with known
disabilities, unless doing so would impose an undue hardship on the Company or pose a direct
threat of substantial harm to the employee or others.
An applicant or employee who needs assistance to perform the employee’s job duties because
of a physical or mental condition should contact their General Manager or the Chief Financial
Officer at 801 Restaurant Group Headquarters by calling (913) 358-5500.
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Reasonable Accommodation of Individual’s Religious Beliefs and Practices
801 Restaurant Group recognizes and supports its obligation to reasonably accommodate job
applicants and employees with sincerely held religious beliefs or practices who are able to
perform the essential functions of the position, with or without reasonable accommodation.
The Company will endeavor to provide a reasonable accommodation to an otherwise qualified
job applicant or employee, unless doing so would impose an undue hardship on the Company.
The Company is under no legal obligation to provide any accommodation if doing so would
create an undue hardship for the Company. If the Company determines that more than one
effective accommodation is available, it is possible that individuals may not receive their
preferred accommodation. The Company may require documentation to support the request.
In addition, the Company may inquire about the employee’s religious practice(s) or
accommodation request to determine whether an undue burden exists.
An applicant or employee who believes they need a reasonable accommodation of a religious
belief or practice should discuss the need for possible accommodation with their General
Manager or the Chief Financial Officer at 801 Restaurant Group Headquarters by calling (913)
358-5500.
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X. Wages, Hours Worked & Schedules
Paycheck Frequency: 801 Restaurant Group issues paychecks to all employees on a bi-
weekly basis. Paychecks will be distributed on the Monday following the pay period end.
Checks are available for pickup after 3:00 p.m. Any questions or concerns regarding your
paycheck should be directed to your General Manager or the Chief Financial Officer at 801
Restaurant Group Headquarters.
Pay Period: Each pay period will begin on Monday at 6:00 a.m. and end fourteen days later,
on Monday at 5:59 a.m.
Overtime: Hourly and salaried non-exempt employees will receive overtime pay at the rate
of 1 ½ times their normal rate for all hours worked in excess of 40 hours per workweek. Any
overtime must be authorized in advance by management. Working overtime without
authorization may result in disciplinary action, up to and including termination.
Clocking-In: 801 Restaurant Group strives to comply with applicable laws that require
records to be maintained of the hours worked by employees. All hourly or non-exempt
employees are required to clock in and out for their scheduled shifts.
Policy Against “Off the Clock” Work: It is 801 Restaurant Group’s strict policy not to
permit any hourly or non-exempt employee to work without first clocking into work. Further,
it is the Company’s strict policy not to permit an employee to work after they have punched
out of work or while the employee is on break. Under no circumstance shall an employee
work “off the clock.” “Off-the-clock” work is time spent by an employee performing work that
is not reported to the Company as time worked.
Should any employee be found to have worked “off the clock,” that employee shall be subject
to discipline, up to and including termination. Similarly, should any managerial level or any
other employee request that an employee work off the clock, that employee shall also be
subject to discipline, up to and including termination.
Rest Breaks: Employees are required to take a thirty (30) minute unpaid rest break if
working a double shift. During this break, employees may not complete any work.
Colorado Locations: Employees working in Colorado are permitted to take a ten
minute rest break for each four hour work period. Employees are not required to
clock-out during this break.
Schedules: Schedules will be posted on Fridays for the work week beginning the following
Monday. It is the responsibility of each employee to take down their own schedule. Do not
use the business phone to find out your work schedule unless circumstances demand it.
All employees are expected to be on time for their scheduled shifts. “On time” is defined as
present, in full uniform and ready to work at the time their shift is scheduled to begin.
Employees may clock-in and begin work up to five (5) minutes before their shift is scheduled
to begin.
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Schedule Requests: Requests off should be submitted 10 days in advance of the schedule
being posted. Please keep in mind that scheduling requests cannot always be granted.
Although management will do everything in their power to accommodate requests, we must
also attend to the proper staffing of the restaurant. Requests for days off must be submitted
using the request off book located in the restaurant office. The employee should write the
employee’s name on the day requested off, include the date the request off is submitted and
a brief reason.
Each employee is expected to work their assigned shifts. Employees may trade shifts, but
shift trades must be done in writing and be approved by a manager’s signature.
Meetings: All employees are required to attend the daily shift meeting at the beginning of
their scheduled shift, and any required meetings posted by management.
Employee Meals: Employees may receive a 50% discount shift meal per workday. For
employees working a lunch shift, the meal may only be ordered between 11:00 a.m. and
11:30 a.m. For employees working a dinner shift, the meal may only be ordered between
5:00 p.m. and 5:30 p.m.
Colorado Locations: Employees working in Colorado will be provided a thirty (30)
minute, uninterrupted and “duty-free” meal break when the employee’s scheduled
shift exceeds five hours. Employees must clock-out for this meal break.
Minnesota Locations: Employees working in Minnesota will be provided a thirty (30)
minute, uninterrupted and “duty-free” meal break when the employee’s scheduled
shift is eight or more consecutive hours. Employees must clock-out for this meal
break.
In addition, beverages are provided for all employees during their work hours. These
beverages include coffee, tea and fountain soft drinks. Food and beverages may not be
consumed in view of any guests.
Lactation Accommodation: The Company will provide a reasonable amount of break time
to accommodate an employee desiring to express breast milk for the employee’s child, to the
extent required by and in accordance with applicable law. If possible and permitted by
applicable law, the break time must run concurrently with rest and meal periods already
provided to the employee. Break time that cannot run concurrently with rest and meal periods
already provided to the employee will be unpaid, to the extent permitted by applicable law.
The Company will make reasonable efforts to provide an employee with use of a room or
location in close proximity to the employee’s work area, other than a bathroom, for the
employee to express milk in private. This room or location may be the employee’s private
office, if applicable.
Unless otherwise required by applicable law, the Company may not be able to provide
additional break time if doing so would seriously disrupt the Company’s operations.
Employees will not be discriminated against or retaliated against for exercising their rights
under this policy. Employees can contact their General Manager or the Chief Financial Officer
at 801 Restaurant Group Headquarters with questions regarding this policy.
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Tip Reporting Policy
As a condition of employment with 801 Restaurant Group, tipped employees are required to
report all income received in the form of cash tips, credit and debit card tips and tips received
from other employees.
Tipped employees are required to accurately and honestly declare their cash tips at the end
of each shift in Micros. It is your responsibility to claim tips as required by IRS Publication
531. Each tipped employee should review the weekly tip declaration on their paycheck and
report any errors as required by law. Failure to claim cash tips as required can result in
disciplinary action, up to and termination. Please do not hesitate to ask if you have any
questions regarding this policy.
Gratuity Distribution
Unless otherwise prohibited by state or local laws, all tipped employees must adhere to
minimum percentages of gratuity distribution between departments as designated by
management. For Minnesota employees, refer to the Gratuities and Wellness Charge policy.
Safe Harbor Policy for Exempt Employees
Exempt salaried employees receive a salary that is intended to compensate for all hours
worked for the Company. This salary is established at the time of hire. While it may be
subject to review and modification from time to time, such as during salary review times, the
salary is a predetermined amount that is not subject to deductions for variations in the
quantity or quality of work.
Under federal and state law, exempt salaried employees’ salaries are subject to certain
deductions. For example, absent contrary state law requirements, exempt salaried
employees’ salaries are subject to reduction for the following reasons:
Full day absences for personal reasons;
Full day absences for sickness or disability;
Full day disciplinary suspensions for infractions of our written policies and
procedures;
Family and Medical Leave absences (either full or partial day absences);
To offset amounts received as payment for jury and witness fees or military pay;
or
The first or last week of employment in the event of less than a full week worked.
Exempt salaried employees’ salaries are also subject to reduction for their portion of health,
dental, or life insurance premiums; state, federal, or local taxes; social security; or voluntary
contributions to a 401(k) or pension plan.
In any workweek in which exempt salaried employees perform any work, their salary is not
subject to reduction for any of the following reasons:
Partial day absences for personal reasons, sickness, or disability;
Absence due to the Company’s decision to close a facility on a scheduled work day;
Absences for jury duty, attendance as a witness, or military leave in any week in
which any work is performed; or
Any other deductions prohibited by state or federal law.
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However, subject to state law, it is not an improper deduction to reduce exempt salaried
employees’ accrued vacation, personal, or other forms of paid time off banks for full or partial
day absences for personal reasons, sickness, or disability.
Employees who believe they have been subject to an improper deduction should report the
matter to the employee’s General Manager immediately. If the supervisor is unavailable or
is an inappropriate person to contact, or if a prompt and fully acceptable reply has not been
received within five (5) business days, the Chief Financial Officer at 801 Restaurant Group
Headquarters should be contacted.
Every report of improper deductions will be fully investigated and corrective action, up to and
including discharge, will be taken, as appropriate, for any employee(s) who violates this
policy. In addition, the Company will not allow any form of retaliation against individuals who
report alleged violations of this policy or who cooperate in the Company’s investigation of
such reports. Retaliation is unacceptable, and any form of retaliation in violation of this policy
may result in disciplinary action, up to and including discharge.
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XI. Workplace Standards
Values
801 Restaurant Group is in the business of generating a profit by providing great food, great
beverages, and flawless service. We believe that success starts and ends with guest
satisfaction. Our commitment to deliver value to our guests requires the highest caliber of
employees possible. Our Company values represent our vision, philosophies and goals. We
believe the only way to attain our goal is by providing the best possible guest and employee
experience through living the following values:
Set and demand standards of excellence.
Live by the highest standards of honesty, integrity, and ethics.
Be committed to creating and maintaining a quality working environment.
Recognize people as our most dynamic resource.
Be committed to go the extra mile in satisfying the guest.
Remember the guest always comes first in making the right decision.
Always do right by your fellow employees.
Consistent with our values, the attitude with which you approach your work and co-workers
at 801 Restaurant Group is one of the most important aspects of your employment. It is
essential that you unfailingly practice:
Courtesy, Dignity, and Respect. It is every employee’s responsibility and obligation to
contribute to the overall morale by projecting a positive attitude and by dealing with
frustration in a respectful and constructive manner.
Hospitality. We consider ourselves to be part of the hospitality industry, not just the
restaurant business. Every employee must constantly exude hospitality to guests and
co-workers alike.
Attendance
801 Restaurant Group expects employees to be on time for each scheduled shift. However,
we recognize there may be times when your absence or tardiness cannot be avoided. In such
cases, the following guidelines apply:
You are expected to provide your Assistant General Manager or General Manager as
much notice of your anticipated absence or tardiness as reasonably possible before
your scheduled shift.
You must speak with your Assistant General Manager or General Manager on duty
personally and you may not simply leave a voicemail message nor may you leave a
message.
Calling in without providing a substitute or failing to give reasonable advance notice of
your absence or tardiness to allow your manager to find a substitute is unacceptable
and will result it discipline, unless otherwise excused by applicable law.
Failure to notify your Assistant General Manager or General Manager may also result
in disciplinary action.
If you are absent due to the illness of yourself or a family member for four (4) or more
consecutive work days, we may require you to produce a certification from your
healthcare provider.
“No Call, No Show” – Employees are required to notify their Assistant General Manager
or General Manager of their intended absence in advance of their shift. 801 Restaurant
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Group reserves the right to terminate any employee who fails to call-in for their shift
on the first offense. An employee who does not call-in may be considered to have
voluntarily terminated their employment with 801 Restaurant Group.
A pattern of excessive or unexcused absences or tardiness may result in disciplinary
action, up to and including termination.
In evaluating employee attendance and otherwise administering this policy, the
Company does not consider absences/tardiness protected by applicable federal, state,
or local law.
Personal Hygiene and Grooming Standards
All employees are expected to meet basic personal hygiene standards which include but are
not limited to:
Hair: Hair should be neatly trimmed and styled or secured in a manner that keeps it
out of an employee’s face when servicing our guests. Employees who are required to
wear green coats (servers, bartenders, etc.) and whose hair is shoulder length or
longer must have it pulled back – i.e., the employee’s hair must be pulled back in a
manner to prevent it from touching the shoulders.
Facial Hair: 801 Restaurant Group prefers its employees who are required to wear
green coats (servers, bartenders, etc.) to be clean-shaven. However, if an employee
does have facial hair (mustache, beard, etc.) the employee must maintain a well-
groomed appearance – i.e., facial hair must be neatly trimmed and a reasonable
length. Any employee subject to this policy who shows up for work with a five o’clock
shadow will be sent home to shave. If you have questions regarding this policy, please
see your General Manager.
Attire: Clothing and uniforms must be maintained in a clean and neat fashion.
Uniforms must be heavily starched and creased.
Hands: Hands should be clean and free of open cuts and sores. Employees should
not have extreme nail lengths or bright or overly detailed nail polish colors and designs.
Finger nails should be free of chips and neatly filed.
Employees must wash their hands each time after using the bathroom, handling food,
etc.
Employees should have clean, fresh breath.
Tattoos: All “front of the house” employees must cover their tattoos. Visible tattoos
are prohibited for any employee in the presence of guests.
If an employee fails to follow the above standards, the employee may be asked to leave for
the day or to return home to change, shave, etc., and report back to work. Hourly or non-
exempt employees will not be compensated for the time away from work. Further violation
of this policy may result in disciplinary action, up to and including discharge.
Nothing in this policy is intended to discriminate against an employee’s sincerely-held religious
beliefs or practices or physical or mental disability. Employees who may need an
accommodation based on a sincerely-held religious belief or practice or physical or mental
disability can contact their General Manager or the Chief Financial Officer at 801 Restaurant
Group Headquarters.
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Personal Conduct
Employees are required to abide by the following rules while working at 801 Restaurant
Group:
Gum Chewing: Employees are prohibited from chewing gum during their shift.
Drinking: Alcoholic beverages may not be consumed on the premises, while on
Company business (whether or not on Company premises), while driving a Company
vehicle or driving a personal vehicle for Company business, or while representing the
Company by any employee, including management, before, during, or after their shift.
Reporting to work intoxicated is also prohibited.
o Employees may only consume alcoholic beverages when visiting the restaurant
as a paying guest.
o New product training, education and tastings are the only exception to this
policy.
Drugs: The unlawful or unauthorized use, abuse, solicitation, theft, possession,
transfer, purchase, sale, or distribution of controlled substances, or drug
paraphernalia, by an individual anywhere on Company premises, while on Company
business (whether or not on Company premises), while driving a Company vehicle or
driving a personal vehicle for Company business, or while representing the Company
is strictly prohibited.
o Unless such a prohibition is prohibited by law, the Company strictly prohibits
the use of marijuana, including medical marijuana, at work or on its premises.
o The use of controlled substances prescribed to you by a licensed physician or
are available over the counter is not prohibited by this policy (except medical
marijuana), provided that the taking of such controlled substances does not
cause you to become impaired or intoxicated. If a physician has prescribed
medication that requires any accommodation, please notify your General
Manager and the Chief Financial Officer to discuss what accommodations are
necessary.
o The Company maintains a policy of non-discrimination and will endeavor to
make reasonable accommodations to assist employees recovering from
substance and alcohol dependencies, and those who have a medical history
that reflects treatment for substance abuse conditions. However, employees
may not request an accommodation to avoid discipline for a policy violation
Smoking: 801 Restaurant Group maintains a smoke-free environment. Smoking,
including use of e-cigarettes, vaping devices and similar electronic devices, is
prohibited in the restaurant and surrounding common areas including stairwells,
waiting areas, employee restrooms and loading dock areas. Any disputes involving
smoking and any employees with questions should discuss their issues/concerns with
their General Manager or the Chief Financial Officer. Employees will not be subject to
retaliation for reporting violations of this policy in good faith.
Personal Phone Calls: You should not accept personal phone calls during business
hours unless it is an emergency. Should an emergency arise, your family or friends
should be directed to contact a manager, who will arrange for you to be notified. If a
personal phone call is required, employees must not be on the phone where guests
may hear the conversation. Absolutely no cell phone use is allowed by any hourly
employees during their scheduled shift.
Friends and Family as Guests: Occasionally your friends and family will dine at 801
Restaurant Group. While it is encouraged that you greet them, it is inappropriate to
spend considerable time with them. You are here to work.
Behavior: Practical jokes and horseplay are not allowed. Conduct that places the
employee or others at risk, or that threatens or intimidates others, is forbidden.
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Unauthorized Areas: Employees are not permitted to occupy the restaurant office
unless accompanied by the Assistant General Manager or General Manager.
Employees who are not a member of the kitchen staff are prohibited from entering the
line areas.
As an employee of 801 Restaurant Group, you are a representative of 801 Restaurant Group.
In the eyes of the community and our guests, this representation does not stop when you
walk out the door. We request that you always keep this in mind and conduct yourself in a
way that will enhance the reputation of our restaurant.
Employees as Patrons of 801 Restaurant Group
All employees are welcome as guests of 801 Restaurant Group. However, the following rules
apply:
Employees are prohibited from patronizing the restaurant for a two (2) hour period
after the employee’s shift ends.
Employees who are patronizing the restaurant must be in civilian clothes. Employees
are prohibited from patronizing the restaurant in their 801 uniform.
Hourly/non-exempt employees are not permitted to sit at any 801 Restaurant Group
bar.
Whether on or off duty, employees are always to keep in mind that they are a
representative of the organization, and thus, should conduct themselves with the
highest personal standards.
Employee Discount: Employees will receive a 50% discount on food only (capped at a
$300 maximum discount) when patronizing any of the Company’s restaurants. This
discount cannot be applied to Happy Hour or Sunday Supper pricing.
Conduct Which May Result in Disciplinary Action or Termination
While it is not possible to identify every potential infraction of our workplace standards,
employees of 801 Restaurant Group must observe reasonable standards of conduct and may
be disciplined, up to and including termination, for conduct including, but not limited to, the
following:
Fraternization between supervisors and subordinates;
Discourtesy to a guest;
Lack of hospitality to a guest;
Theft or misappropriation of guest, employee or company property - including the
addition of any unauthorized item (including tips) to a guest check;
Unauthorized use, possession or sale of alcohol, drugs or firearms on the 801
Restaurant Group premises;
Reporting to work under the influence of alcohol or drugs;
Abusing, defacing, or destroying guest, employee, or 801 Restaurant Group property;
Initiating or participating in any sexual harassment;
Unlawfully discriminating against or harassing a guest or fellow employee or
encouraging others to engage in such unlawful discrimination or harassment;
Violating any federal, state or local laws or encouraging others to violate such laws
while on 801 Restaurant Group property;
Failure to follow lawful instructions or assignments;
“No call no show” absenteeism or excessive tardiness not otherwise excused by law;
Failure to perform job or work assignments properly, safely, and efficiently;
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Failure to maintain and present a high degree of personal cleanliness at all times or
failure to follow Personal Hygiene and Grooming Standards;
Discussing confidential 801 Restaurant Group or guest matters with unauthorized
personnel and/or in public areas where guests can overhear;
Failure to observe established fire, safety and health regulations;
Occupying unauthorized areas;
Patronizing 801 Restaurant Group if you have been drinking or are intoxicated;
Failure to comply with any of the policies outlined in this Handbook.
When discipline is issued, it generally will be in the form of oral warnings, written warnings,
or, in 801 Restaurant Group’s discretion, termination. However, the Company reserves the
right to impose whatever form of discipline it chooses, or none at all in any particular instance.
801 Restaurant Group will deal with each case individually, and nothing in this Handbook
should be construed as a promise of specific treatment in a given situation.
Safe Alcohol Service
It is 801 Restaurant Group’s policy to never serve alcohol to customers that display signs of
intoxication. We want a relaxed atmosphere for social drinking, not intoxication. If you
believe a guest is impaired, please bring this to the attention of your Assistant General
Manager or General Manager. Employees are required to sign and abide by the practices
outlined in the “Employee Liquor Liability Agreement Form” found at the end of this Handbook.
Social Media Use: 801 Restaurant Group expects employees to use social media in a
responsible manner. This policy applies to social networking, blogging, micro-blogging,
bulletin boards, and so on, through providers including, but not limited to, Facebook,
LinkedIn, MySpace, Twitter, YouTube, and Instagram. Employees should adhere to the
following standards:
Be respectful of potential readers and colleagues. Please do not use discriminatory
comments, or make maliciously false statements when commenting about the
Company, superiors, co-workers, or our competitors.
Any conduct which is impermissible under the law if expressed in any other form or
forum is impermissible if expressed through social media. For example, posted
material that is discriminatory, obscene, defamatory, libelous, or threatening is
forbidden.
Follow the terms and conditions of use that have been established by the social media
venue and not do anything that would violate those rules.
801 Restaurant Group’s anti-harassment and discrimination policies apply to employee
behavior within social media and in public online spaces. Refrain from posting or
displaying comments about coworkers or supervisors or the Company that are
discriminatory or harassing.
All rules regarding confidential and proprietary business information apply in full to
social media. Any information that cannot be disclosed through a conversation, a note
or an e-mail also cannot be disclosed through social media.
Interact on your own time. Employees must avoid use of social media during work
time or at any time when working with 801 Restaurant Group equipment or property.
When using social media, if an employee expresses either a political opinion or an
opinion regarding the Company’s actions and also identifies oneself as an employee of
the Company (or if it can be inferred that the employee is an employee of the
Company), the poster must specifically state that the opinion expressed is the
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employee’s personal opinion and not the Company’s position. This is necessary to
preserve the Company’s goodwill in the marketplace.
Employees may not use the Company’s logos or trademarks for commercial purposes
or to endorse any product or service.
Failure to follow these social media guidelines may result in discipline, up to and including
termination. In enforcing this policy, the Company reserves the right to monitor social media
activities of employees, whether or not such activities are conducted with Company resources,
to the extent permitted by and in accordance with applicable law.
Nothing in this policy is designed to interfere with, restrain or prevent employee
communications regarding wages, hours, or other terms and conditions of employment.
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Employee Liquor Liability Policy
As a condition of employment, I agree to comply with the following company policy and rules
regarding the sale and distribution of alcoholic beverages. My acknowledgment and
agreement to the policies contained in the 801 Restaurant Group Employee Handbook includes
my agreement to the following:
1. I will not sell beer, ale, wine or liquor to any person that is not of legal drinking age at
the time of the sale.
2. I will not sell any beer, ale, wine or liquor to any person who appears intoxicated or is
acting disorderly.
3. I understand it is my responsibility to be aware of the state, county and city laws
regarding the legal hours of the day during which I may sell beer, ale, wine or liquor
to a customer. I will not sell or serve beer, ale, wine or liquor to anyone during the
restricted hours.
4. I will not purchase any beer, ale, wine or liquor from my employer for the use or
benefit of any underage person or any intoxicated person.
5. I understand 801 Restaurant Group will only accept certain forms of personal
identification as outlined to me during my orientation and training, and I will accept
no other form of I.D. from anyone purchasing beer, ale, wine or liquor.
6. If any customer does not clearly appear to be at least 30 years old, I will request
acceptable identification and verify that the customer is of legal age before making the
sale.
7. I understand that if I do make an illegal sale of beer, ale, wine or liquor, I may be
personally arrested and charged with a criminal offense. If I am found guilty I could
be fined, jailed or both. I understand I am personally responsible for my attorney fees
as well as paying any assessed fines.
8. I understand that any infraction of 801 Restaurant Group rules concerning the sale of
beer, ale, wine or liquor could result in automatic termination.
9. I understand that my activities will be monitored by 801 Restaurant Group as well as
by state and local law enforcement investigators.
10. I have read and understand 801 Restaurant Group’s policy and rules concerning the
sale of beer, ale, wine or liquor. Any questions I had regarding these rules have been
fully explained to me to my satisfaction.
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EMPLOYEE ACKNOWLEDGEMENT
I acknowledge I have received a copy of the 801 Restaurant Group Employee
Handbook, including any applicable state supplements. I understand I am responsible for
reading the contents of the Employee Handbook, and for complying with the policies and rules
outlined therein. I acknowledge that I have been advised to familiarize myself with the
handbook.
I understand that while employed by 801 Restaurant Group, I must comply
with all Company policies and rules except as otherwise provided and/or prohibited under
federal and/or state law. I further understand that any rules, policies, and benefits described
in the Employee Handbook may be modified or varied from by the Company at any time—
except as required by law and except for the rights of the parties to terminate employment
at will (which may be modified only by an express written agreement signed by both me and
the President/Chief Executive Officer of 801 Restaurant Group).
I understand that my employment with 801 Restaurant Group is for an
unspecified term and may be terminated at the will of either the Company or myself, with or
without reason or cause, and with or without notice. No words or actions of 801 Restaurant
Group will be deemed to create an express or implied contract of employment or require the
Company to have good cause for terminating my employment. No 801 Restaurant Group
representative is empowered or authorized to modify this at-will relationship other than by
an express agreement signed by the President/Chief Executive Officer.
Finally, I acknowledge I have received a copy of 801 Restaurant Group’s Policy
Against Harassment, Discrimination and Retaliation (the “Policy”). I have read the Policy and
understand it. I understand any employee who engages in conduct prohibited by the Policy
will be subject to disciplinary action, up to and including termination.
Employee Signature: ___________________________ Date: __________