STORE EMPLOYEE HANDBOOK

This Employee Handbook supersedes and replaces all previous policies and procedures including, but
not limited to, all memoranda, written policies, and or written or verbal direction regarding policies
which may have been issued on the subjects covered in this handbook.

All policies outlined in this Handbook may be amended or terminated at any time without prior notice.

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Contents
Welcome ....................................................................................................................................................... 4
Employment Relationship ............................................................................................................................. 4
Employment at Will .................................................................................................................................. 4
Equal Opportunity ..................................................................................................................................... 4
Harassment and Complaint Procedure ..................................................................................................... 5
Americans with Disabilities Act (ADA) and Reasonable Accommodation ................................................ 6
Commitment to Diversity.......................................................................................................................... 7
Conflicts of Interest ................................................................................................................................... 7
Outside Employment ................................................................................................................................ 8
Confidential Information .......................................................................................................................... 8
Introductory Period................................................................................................................................... 9
Recruitment and Hiring ............................................................................................................................. 9
Rehires .................................................................................................................................................... 10
Third Party Reference and Information Requests .................................................................................. 10
Access to Personnel Files ........................................................................................................................ 10
Employment of Relatives and Domestic Partners .................................................................................. 11
Performance Reviews ............................................................................................................................. 11
Separation of Employment ..................................................................................................................... 11
Compensation & Benefits ........................................................................................................................... 13
Employment Classification ...................................................................................................................... 13
Work Week and Hours of Work .............................................................................................................. 13
Free Weekend ......................................................................................................................................... 13
Time Records........................................................................................................................................... 14
Overtime ................................................................................................................................................. 14
Deductions from Pay............................................................................................................................... 14
Pay........................................................................................................................................................... 15
Insurance Benefits .................................................................................................................................. 15
401(K) Plan and Roth 401(K) ................................................................................................................... 15
Service Awards ........................................................................................................................................ 16
Award & Incentives ................................................................................................................................. 16
Tuition/Educational Expenses ................................................................................................................. 16
Employee Drinks ..................................................................................................................................... 17

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Workplace Safety ........................................................................................................................................ 18
Commitment to Safety ............................................................................................................................ 18
Workers’ Compensation ......................................................................................................................... 18
Drug-Free and Alcohol-Free Workplace ................................................................................................. 19
Smoking................................................................................................................................................... 19
Workplace Violence Prevention.............................................................................................................. 20
Workplace Guidelines ................................................................................................................................. 21
Attendance.............................................................................................................................................. 21
Illness ...................................................................................................................................................... 23
Disciplinary Procedure ............................................................................................................................ 24
Uniform ................................................................................................................................................... 25
Personal Cell Phone/Device Use ............................................................................................................. 27
Store Telephone Use ............................................................................................................................... 27
Personal Property ................................................................................................................................... 27
Social Media Acceptable Use .................................................................................................................. 28
Computers, Internet, Email, and Other Resources ................................................................................. 28
Solicitation .............................................................................................................................................. 31
Inclement Weather ................................................................................................................................. 31
Time Off, Leaves of Absence & Temporary Light Duty Assignments (TLD) ................................................ 31
General Leave ......................................................................................................................................... 31
Paid Time off (PTO) ................................................................................................................................. 32
Family and Medical Leave ....................................................................................................................... 34
Personal Leave of Absence ..................................................................................................................... 37
Short-Term Disability .............................................................................................................................. 38
Military Leave.......................................................................................................................................... 38
Bereavement Leave ................................................................................................................................ 39
Jury Duty/Court Appearance .................................................................................................................. 39
Temporary Light Duty Job Assignments (TLD) ........................................................................................ 40
Driver Information ...................................................................................................................................... 40
Fleet Safety ............................................................................................................................................. 40

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Welcome

Welcome to Rutter’s! We are delighted that you have chosen to join our organization and hope that you
will enjoy a long and successful career with us. As you become familiar with our culture and mission, we
hope you will take advantage of opportunities to enhance your career and further Rutter’s goals.

You are joining an organization that has a reputation for outstanding leadership, innovation, and
expertise. Our employees use their creativity and talent to invent new solutions, meet new demands,
and offer the most effective services/products in the industry. With your active involvement, creativity,
and support, Rutter’s will continue to achieve its goals. We sincerely hope you will take pride in being an
important part of Rutter’s success.

Please take time to review the policies contained in this handbook. If you have questions, feel free to ask
your Manager or contact the Human Resources Department.

Employment Relationship
Employment at Will
Employment at Rutter’s is on an at-will basis. This means that either the employee or the company may
terminate the employment relationship at any time, for any reason, with or without notice.

Nothing in this employee handbook is intended to or creates an employment agreement, express or

implied. Nothing contained in this or any other document provided to the employee is intended to be,
nor should it be, construed as a contract that employment or any benefit will be continued for any
period of time. In addition, no company representative is authorized to modify this policy for any
employee or to enter into any agreement, oral or written, that changes the at-will relationship.

Any salary figures provided to an employee in annual or hourly terms are stated for the sake of
convenience or to facilitate comparisons and are not intended and do not create an employment
contract for any specific period of time.

Nothing in this statement is intended to interfere with, restrain, or prevent concerted activity as
protected by the National Labor Relations Act. Such activity includes employee communications
regarding wages, hours, or other terms or conditions of employment. Rutter’s employees have the right
to engage in or refrain from such activities.

Equal Opportunity
Rutter’s provides equal employment opportunities to all employees and applicants for employment
without regard to race, color, ancestry, national origin, gender, sexual orientation, marital status,
religion, age, disability, gender identity, results of genetic testing, service in the military, or any other
protected status under Local, State or Federal Regulations. Equal employment opportunity applies to all
terms and conditions of employment, including hiring, placement, promotion, termination, layoff,
transfer, leave of absence, compensation, and training.

Any employees with questions or concerns about equal employment opportunities in the workplace are
encouraged to bring these issues to the attention of Human Resources. The Company will not allow any
form of retaliation against individuals who raise issues of equal employment opportunity. If an
employee feels he or she has been subjected to any such retaliation, he or she should bring it to the
attention of the Human Resources Manager.

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Retaliation means adverse conduct taken because an individual reported an actual or perceived
violation of this policy, opposed practices prohibited by this policy, or participated in the reporting and
investigation process described below.

“Adverse conduct” includes but is not limited to:

1. Shunning and avoiding an individual who reports harassment, discrimination or retaliation;
2. Express or implied threats or intimidation intended to prevent an individual from reporting
harassment, discrimination or retaliation; or
3. Denying employment benefits because an applicant or employee reported harassment,
discrimination or retaliation or participated in the reporting and investigation process.

Complaints of discrimination should be filed according to the procedures described in the Harassment
and Complaint Procedure.

Harassment and Complaint Procedure

Sexual and other unlawful harassment is a violation of Title VII of the Civil Rights Act of 1964 (Title VII),
as amended, as well as many state laws. Harassment based on a characteristic protected by law, such as
race, color, ancestry, national origin, gender, sex, sexual orientation, gender identity, marital status,
religion, age, disability, veteran status, or other characteristics protected by Local, State or Federal
Regulations is prohibited.

It is Rutter’s policy to provide a work environment free of sexual and other harassment. To that end,
harassment of Rutter’s employees by management, coworkers, or nonemployees who are in the
workplace is absolutely prohibited. Further, any retaliation against an individual who has complained
about sexual or other harassment or retaliation against individuals for cooperating with an investigation
of a harassment complaint is similarly unlawful and will not be tolerated. Rutter’s will take all steps
necessary to prevent and eliminate unlawful harassment.

Definition of Unlawful Harassment. “Unlawful harassment” is conduct that has the purpose or effect of
creating an intimidating, hostile, or offensive work environment; has the purpose or effect of
substantially and unreasonably interfering with an individual’s work performance; or otherwise
adversely affects an individual’s employment opportunities because of the individual’s membership in a
protected class.

Unlawful harassment includes, but is not limited to: epithets, slurs, jokes, pranks, innuendo, comments,
written or graphic material, stereotyping, or other threatening, hostile, or intimidating acts based on
race, color, ancestry, national origin, gender, sex, sexual orientation, marital status, religion, age,
disability, veteran status, or other characteristic protected by Local, State or Federal Regulations.

Definition of Sexual Harassment. While all forms of harassment are prohibited, special attention should
be paid to sexual harassment. “Sexual harassment” is generally defined under local, state and federal
regulation as unwelcome sexual advances, requests for sexual favors, and other verbal or physical
conduct of a sexual nature where:

• Submission to or rejection of such conduct is made either explicitly or implicitly a term or

condition of any individual’s employment or as a basis for employment decisions; or
• Such conduct has the purpose or effect of unreasonably interfering with an individual’s work
performance or creating an intimidating, hostile, or offensive work environment.

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Other sexually oriented conduct, whether intended or not, that is unwelcome and has the effect of
creating a work environment that is hostile, offensive, intimidating, or humiliating to workers may also
constitute sexual harassment.

While it is not possible to list all those additional circumstances that may constitute sexual harassment,
the following are some examples of conduct that, if unwelcome, may constitute sexual harassment
depending on the totality of the circumstances, including the severity of the conduct and its
pervasiveness:

• Unwanted sexual advances, whether they involve physical touching or not;

• Sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one’s sex
life, comments about an individual’s body, comments about an individual’s sexual activity,
deficiencies, or prowess;
• Displaying sexually suggestive objects, pictures, or cartoons;
• Unwelcome leering, whistling, brushing up against the body, sexual gestures, or suggestive or
insulting comments;
• Inquiries into one’s sexual experiences; and
• Discussion of one’s sexual activities.

All employees should take special note that, as stated above, retaliation against an individual who has
complained about sexual harassment and retaliation against individuals for cooperating with an
investigation of sexual harassment complaint is unlawful and will not be tolerated.

Complaint Procedure. Any employee who believes he or she has been subject to or witnessed illegal
discrimination, including sexual or other forms of unlawful harassment, is requested and encouraged to
make a complaint.

• You may complain directly to your Manager or Human Resources, or any other member of
management with whom you feel comfortable bringing such a complaint.
• If you observe acts of discrimination toward or harassment of another employee, you are
requested and encouraged to report this to one of the individuals listed above.
• No reprisal, retaliation, or other adverse action will be taken against an employee for making a
complaint or report of discrimination or harassment or for assisting in the investigation of any
such complaint or report.
• Any suspected retaliation or intimidation should be reported immediately to one of the persons
identified above.
• All complaints will be investigated promptly and, to the extent possible, with regard for
confidentiality.
• If the investigation confirms conduct contrary to this policy has occurred, Rutter’s will take
immediate, appropriate, corrective action, including discipline, up to and including immediate
termination.

Americans with Disabilities Act (ADA) and Reasonable Accommodation

It is the policy of Rutter’s to comply with all federal and state laws concerning the employment of
persons with disabilities and to act in accordance with regulations and guidance issued by the Equal
Employment Opportunity Commission (EEOC). Furthermore, it is the company policy not to discriminate
against qualified individuals with disabilities in regard to application procedures, hiring, advancement,
discharge, compensation, training or other terms, conditions and privileges of employment.

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 • When an individual with a disability requests accommodation and can be reasonably
accommodated without creating an undue hardship or causing a direct threat to workplace
safety, he or she will be given the same consideration for employment as any other applicant.
• Applicants who pose a direct threat to the health, safety and well-being of themselves or others
in the workplace when the threat cannot be eliminated by reasonable accommodation will not
be hired.
• Rutter’s will reasonably accommodate qualified individuals with a disability so that they can
perform the essential functions of a job unless doing so causes a direct threat to these
individuals or others in the workplace and the threat cannot be eliminated by reasonable
accommodation or if the accommodation creates an undue hardship to Rutter’s.
• It is the responsibility of the applicant or the employee to contact Human Resources with any
questions or to request an accommodation.
• All employees are required to comply with the company’s safety standards.
• Current employees who pose a direct threat to the health or safety of themselves or other
individuals in the workplace will be placed on leave until an organizational decision has been
made in regard to the employee’s immediate employment situation.
• Individuals who are currently using illegal drugs are excluded from coverage under the company
ADA policy.

The Human Resources department is responsible for implementing this policy, including the resolution
of reasonable accommodation, safety/direct threat and undue hardship issues.

Commitment to Diversity
Rutter’s is committed to creating and maintaining a workplace in which all employees have an
opportunity to participate and contribute to the success of the business and are valued for their skills,
experience, and unique perspectives. This commitment is embodied in company policy and the way we
do business at Rutter’s and is an important principle of sound business management.

Conflicts of Interest
Rutter’s expects all employees to conduct themselves and company business in a manner that reflects
the highest standards of ethical conduct, and in accordance with all federal, state, and local laws and
regulations. This includes avoiding real and potential conflicts of interest.

Exactly what constitutes a conflict of interest or an unethical business practice is both a moral and a
legal question. Rutter’s recognizes and respects the individual employee’s right to engage in activities
outside of employment which are private in nature and do not in any way conflict with or reflect poorly
on the company.

While it is not possible to define all the circumstances and relationships that might create a conflict of
interest, below are a few examples:

• Simultaneous employment by another firm that is a competitor of or supplier to Rutter’s.

• Carrying on company business with a firm in which the employee, or a close relative of the
employee, has a substantial ownership or interest.
• Holding a substantial interest in, or participating in the management of a firm to which the
company makes sales or from which it makes purchases.
• Borrowing money from customers or firms, other than recognized loan institutions, from which
our company buys services, materials, equipment, or supplies.
• Accepting substantial gifts or excessive entertainment from an outside organization or agency.

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 • Speculating or dealing in materials, equipment, supplies, services, or property purchased by the
company.
• Participating in civic or professional organization activities in a manner that divulges confidential
company information.
• Misusing privileged information or revealing confidential data to outsiders.
• Using one’s position in the company or knowledge of its affairs for personal gains.
• Engaging in practices or procedures that violate antitrust laws, commercial bribery laws,
copyright laws, discrimination laws, campaign contribution laws, or other laws regulating the
conduct of company business.

If a situation arises where there is a potential conflict of interest, the employee should discuss this with
their Manager or Human Resources for advice and guidance on how to proceed.

Outside Employment
Employees are permitted to work a second job as long as it does not interfere with their job
performance with Rutter’s. Employees with a second job are expected to work their assigned schedules.
A second job will not be considered an excuse for poor job performance, absenteeism, tardiness, leaving
early, refusal to travel, or refusal to work overtime or different hours.

If outside work activity causes or contributes to job-related problems, it must be discontinued, or the
employee may be subject to disciplinary action, up to and including termination.

Confidential Information
The protection of confidential business information, trade secrets and employee confidentiality are vital
to the interests and success of Rutter’s. Confidential information is any and all information disclosed to
or known by you because of employment with the company that is not generally known to people
outside the company about its business.

An employee who improperly uses or discloses trade secrets or confidential business information will be
subject to disciplinary action up to and including termination of employment and legal action, even if he
or she does not actually benefit from the disclosed information.

While employees are free to share their own views about the company, in no case may an employee
represent that they are speaking on behalf of Rutter’s to the media. Employees should clarify that any
views they share are their own, and are not necessarily those of Rutter’s.

If contacted by a member of the media to provide a statement or information on behalf of Rutter’s,

please direct such inquiries to the VP of Operations, Regional Director of Store operations, and the
Director of Advertising who are authorized to speak on behalf of Rutter’s.

Offices or cabinets containing confidential information should be kept locked anytime you are not
present. Do not leave documents in view of others that contain confidential information. Do not leave
your computer monitor up with confidential information when you leave your office.

Discussions involving sensitive information should always be held in confidential settings to safeguard
the confidentiality of the information. Conversations regarding confidential information generally

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should not be conducted in restrooms, break rooms, or other places where conversations might be
overheard. Close office doors.

Introductory Period
The first 90 days of employment with the company will be considered the employee’s Introductory
Period.

Each new employee will be provided with the support, training and resources to learn the duties and
competencies necessary to meet or exceed the requirements of the position for which they’ve been
hired during the Introductory Period. The management team will determine if employment should
continue after the Introductory Period is complete.

The Introductory Period applies to rehires and promotions/demotions into a new role with Rutter’s.

Recruitment and Hiring

Rutter’s believes in promoting employees from within the organization whenever possible. When a job
opportunity becomes available the following will apply:
• The job will be posted internally on the company’s HRIS (Human Resource Information System)
system’s announcement page, and in the weekly newsletter. The internal posting will remain
active for at least 7 business days depending on when the opening occurs.
• Any employee interested in bidding on a posted job, should contact Human Resources during
the bid period to ensure they will be considered for the position. Location, length of time in
current job and experience are among the factors considered when making a selection.
• Available jobs may also be advertised in other advertising mediums. These advertisements may
be concurrent with internal postings.
• Employees should expect to remain in their current position for six months before bidding on an
open position similar to the one they currently hold. This better allows the company to evaluate
the employee’s progress and performance in their current position. Exceptions to this guideline
are at the discretion of management.
• Stores that undergo remodeling and are expected to jump 2 or more store categories will in
most cases be bid.
• Interviews will be granted to the applicants that best match the requirements of the job. The
final consideration for promotion will be based on skills, performance in current role,
attendance and experience.

The company welcomes referrals of friends and family members for job openings by current employees
not in a management role. If we hire an applicant referred by you, you will receive a referral bonus after
they complete three months of employment, after six months you will receive another referral bonus.
In order for the referral to be paid out, both employees must work during the pay period when the
bonus is due to be paid out; if either employee is not working, it will not be paid out until both work in
the same pay period. The following employees are not eligible to receive a referral bonus: rehires,
Store/Restaurant/Roving Managers, Corporate, or Dairy.

Rutter’s reserves the right not to post all jobs such as District Manager, or above positions. Also, in cases
where an opening occurs as a result of another promotion or transfer and in the interest of business
operations, these positions may be filled without advance notification.

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Rehires
Rutter’s welcomes new applications from former employees who left the company in good standing. We
take into consideration whether the former employee gave, and completed, at least two weeks’ notice
before leaving their position.

The employee’s job classification at rehire will determine if the employee will be eligible for
participation in Rutter’s employee benefit plans.

Third Party Reference and Information Requests

All inquiries regarding a present or past employee are to be referred to the Human Resources
department.

Under the Americans with Disabilities Act and the Family and Medical Leave Act, the company is obliged
to preserve the privacy of each employee. Only factual information concerning an employee will be
released.

• Confirmation of employment,
• Dates of employment,
• Position held,
• Rate of pay.

Each request for information about an employee must be received in writing and accompanied by a
signed consent by the employee to release the information. Requests that do not meet these conditions
may not be granted.

Human Resources will respond in a timely manner to all subpoenas for employee records. Before
responding, the Human Resources department will confirm with legal counsel that Rutter’s is required
to comply with the subpoena.

Employees are required to provide written permission to Rutter’s Human Resources before a request for
information from a financial institution is answered.

Access to Personnel Files

Employee personnel records are maintained in our Human Resources department. As required by law,
some records pertaining to employees are maintained in separate files relating to medical issues and
internal investigations. Employees, or their representative, may request access to their basic personnel
file. Depending upon the circumstances, employees may be provided access to records pertaining to
internal investigations, with appropriate redactions to protect the rights of others.

All requests for access to your personnel file must be communicated to Human Resources. Upon receipt
of request, Human Resources will schedule an appointment for you to view your file during normal
office hours. For purposes of this policy, your personnel file includes records related to performance and
training as well as other records used for hiring, promotion and disciplinary decisions. It will not include
any reference checks, medical records or investigation files. Employees are not permitted to remove any
documents from the personnel file and may not take any photos of their file, but may provide a written
response to any document in the personnel file. Written responses will be attached to the original
document in the personnel file.

It is the employee’s responsibility to keep their personnel record up-to-date. Update your information
in the company HRIS system if:
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 • You change your address,
• You change your marital status,
• You change your beneficiary,
• You wish to designate another person as your Case of Emergency Contact,
• You wish to change your taxes.

Upon written request Human Resources will provide current employees of Rutter’s a copy of Contact
Reports.

Employment of Relatives and Domestic Partners

Relatives and domestic partners may be hired by the company if:

1. The persons concerned will not work in a direct supervisory relationship, and
2. The employment will not pose difficulties for supervision, security, safety, or morale.

• For the purposes of this policy, “relatives” are defined as spouses, children, siblings, parents, or
grandparents. A “domestic partnership” is generally defined as a committed relationship
between two individuals who are sharing a home or living arrangements.
• There may not be a direct supervisory relationship when employees are dating or reside in the
same household.
• Current employees who marry each other or become involved in a domestic partnership will be
permitted to continue employment with the company provided they don’t work in a direct
supervisory relationship with each other or otherwise pose difficulties as mentioned above.
• If employees who marry or live together do work in a direct supervisory relationship with each
other, the company will attempt to reassign one of the employees to another position for which
he or she is qualified if such a position is available.
• If no such position is available, the employees and their Manager(s) will make the determination
which one of them will resign from the company.

Performance Reviews
Rutter’s believes that all employees should be given regular feedback regarding their performance.
Managers are encouraged to give their employees informal feedback to support as well as correct
actions and behaviors.

A formal performance review system has been established to assure that all employees are given
feedback in a consistent and constructive manner.

Employees are encouraged to seek informal feedback from their Manager on an ongoing basis.

Separation of Employment
This policy defines the various types of separations from the employment of Rutter’s and the effect of
separation on benefits and continuous service.

Voluntary Terminations
• A voluntary termination of employment occurs when an employee submits a written or verbal
notice of resignation to his or her Manager.
• An employee is absent from work for three consecutive workdays and fails to contact his or her
Manager (job abandonment).

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 • Job abandonment is also walking off the job during a scheduled shift without management’s
approval.
• Failure to report for work upon recall from suspension on the date designated.
• Failure to return from an approved Leave of Absence at the expiration of the leave.
• Retirement.

Procedures
• Employees are requested to provide a minimum of two weeks' notice of their intention to
separate from the company to allow a reasonable amount of time to transfer ongoing
workloads. The employee should complete a Voluntary Resignation in the HRIS system;
however, we will accept a written or electronic notification.
a. Resignations received electronically by the Manager should be forwarded to the Human
Resources department.
• Rutter’s reserves the right to accept a resignation notice immediately.
• The Human Resources department will coordinate the employee's out-processing. This process
will include the employee's returning all company property (e.g., keys, ID cards); and a review of
the employee's post-termination benefits status.
• The employee's Manager will complete a Separation Form in the company’s HRIS system in a
timely manner.

Involuntary Terminations
Occurs when the separation is not initiated by the employee. The following are examples of involuntary
terminations:

• Lay off for lack of work

• Department restructure
• Discharge — when an employee who is suited for and capable of performing the work, is
terminated for such reasons as inefficiency, absenteeism, or violation of policies set forth in the
Employee Handbook, including, but not limited to, habitual carelessness or recklessness, illegal
or disorderly conduct, insubordination unrelated to protected concerted activity, theft, falsifying
information including: application, time records, altering time records, waste scanning,
temperature and other logs; sleeping on the job, horseplay, waste removal, dishonesty,
fighting, arguing, using profanity, behaving hostile, failure to properly record sales/inventory,
coming to work under influence of drugs/alcohol, possession/selling/purchasing drugs; refusal
to take drug/alcohol test when requested; conviction of a job-related criminal offense, removal
of company property without permission, reporting absent to work for another job,
misusing/abusing/damaging/defacing company property, merchandise, equipment; harmful
gossip or false statements, conduct on or off the clock, unprofessionalism, inappropriate
behavior and conversations, offensive words or actions, sharing confidential information,
Manager not enforcing policies and procedures; violating Rutter’s procedures. (These are
examples this is not an exhaustive list)
• Death of an employee.
• Disability.

Procedures
• The employee’s Manager will complete a Termination Contact Report and a Separation Form in
the HRIS in a timely manner.
• The Human Resources department will coordinate the employee's out-processing. This process
will include the employee's returning all company property (e.g., keys, ID cards); and a review of
the employee's post-termination benefits status.

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Final Pay
An employee who resigns or is discharged will be paid through the last day of work, plus any earned,
unused paid time off (PTO), less any monies owed in compliance with state and federal regulations.

Employees whose employment terminates (voluntarily or involuntarily) and have used Paid Time Off
(PTO) beyond what is earned, the amount overused will be deducted from your final paychecks.

In cases of an employee's death, the final pay due to that employee will be paid to the deceased
employee's estate or as otherwise required under state law.

If applicable, information regarding benefits continuation through the Consolidated Omnibus Budget
Reconciliation Act (COBRA) will be sent to the employee’s home address.

Compensation & Benefits

Employment Classification
In order to determine eligibility for benefits and overtime status and to ensure compliance with federal
and state laws and regulations, Rutter’s classifies its employees as shown below. Rutter’s may review or
change employee classifications at any time.

• Exempt. Exempt employees are paid on a salaried basis and are not eligible to receive overtime
pay.
• Nonexempt. Nonexempt employees are paid on an hourly basis and are eligible to receive
overtime pay for overtime hours worked.

Work Week and Hours of Work

Employees’ standard workweek is Monday through Sunday* and generally consists of 40 work hours.
Individual work schedules may vary depending on business needs and employment classification full-
time, part-time, seasonal.
*If you work 3rd shift hours, the week begins at 10pm on Sunday.

Should it become necessary because of business conditions to reduce the number of employees or work
hours, this will be done at the discretion of Rutter’s.

Free Weekend
Store Managers and Roving Managers are permitted one free weekend per month, provided the
following guidelines are met:

• Manager works 50% of the month (can be either before or after the free weekend).
• Manager submits the request via the company’s HRIS system to the store’s District Manager and
receives approval prior to scheduling.
• Store is properly staffed for the entire weekend.
• Store has an Assistant Manager, Roving Manager, or reciprocal arrangement with a neighboring
manager who is able to do the bookwork. This person will be responsible for any staffing or
emergency issues that may arise.
• Any additional labor necessary to schedule will be charged to the store as regular hours.
• The Manager completes a minimum of 45 hours Monday through Friday.

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 • Due to scheduling conflicts, there is no guarantee that each manager will receive a free weekend
each month. Free weekends, if not used as scheduled, cannot be carried forward into another
month.

Time Records
The store computer/timeclock is to be used to clock in and out when an:

• Employee begins a shift.

• Employee ends a shift.
• Employee begins or ends a scheduled break.

Time records cannot be altered, falsified or tampered with. This includes transferring hours from one
week to another.

Under no circumstances should an hourly/non-exempt employee be permitted to perform duties,

even those outside of their scheduled shift, while not clocked in. An employee is never permitted to
perform duties without being paid for their time. Managers should conduct employment discussions
when an employee is clocked in.

Any Manager who asks or permits an employee to work without being paid for their time is subject to
disciplinary action up to and including termination.

If an employee forgets to clock in or out, the employee should notify their Manager, so an adjustment
can be made.

Overtime
When required due to the needs of the business, you may be asked to work overtime.

• Overtime is actual hours worked in excess of 40 hours in a single workweek.

• Nonexempt employees will be paid overtime compensation at the rate of one and one half their
regular rate of pay for all hours over 40 actually worked in a single workweek.
• Paid leave, such as holiday, PTO, bereavement time, and jury duty will only be paid up to your
standard work week. For example, if your standard workweek is 45 hours and you use paid leave
for any of the above the maximum amount of OT you will be paid is 5 hours. Any additional will
be paid at your regular hourly rate.

All non-standard overtime work must be approved in advance by a Manager.

Deductions from Pay

The Company does not make improper deductions from the salaries of exempt employees and complies
with the salary basis requirements of the Fair Labor Standards Act (FLSA). Employees classified as
exempt from the overtime pay requirements of the FLSA will be notified of this classification at the time
of hire or change in position.

Permitted deductions. The FLSA limits the types of deductions that may be made from the pay of an
exempt employee. Deductions that are permitted include:

• Deductions that are required by law, e.g., income taxes.

• Deductions for awards and incentives.
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 • Deductions for employee benefits when authorized by the employee.
• Absence from work for one or more full days for personal reasons other than sickness or
disability.
• Offset for amounts received as witness or jury fees, or for military pay; or
• Unpaid disciplinary suspensions of one or more full days imposed in good faith for workplace
conduct rule infractions.
• During the week an exempt employee begins work for the company or during the last week of
employment, the employee will only be paid for actual days worked.

Improper deductions. If an employee classified as exempt believes that an improper deduction has been
taken from his or her pay, the employee should immediately report the deduction to the Human
Resources department. The report will be promptly investigated and if it is found that an improper
deduction has been made, the company will reimburse the employee for the improper deduction.

Pay
Rutter’s pay day for all employees is weekly on Friday. If pay day falls on a federal holiday, employees
will receive their paycheck on the preceding workday. Pay is either made via direct deposit or pay card.

Insurance Benefits
Rutter’s offers a wide variety of benefit plans to eligible employees.
Benefit enrollment begins on the 1st day of the month after the employee meets their eligibility
requirement. If an employee terminates (voluntary/involuntary) prior to the last day of the month, the
contribution toward their insurance premium for the remainder of the month will be deducted from the
last pay the employee receives.

Employee contributions toward the insurance premiums are deducted from each paycheck.

Rutter’s conducts Open Enrollment annually. During the Open Enrollment period, all eligible employees
may change their elections regarding benefit plans and dependent coverage. Changes to coverage
during the remainder of the year may be completed only if the employee experiences a qualifying life
event as defined under ERISA.

Employees who elect to terminate their employment (voluntary/involuntary) while covered under our
plans may elect to continue their coverage under the COBRA act. However, 100% of the premium cost
plus an administrative fee will be the responsibility of the employee.

All questions regarding eligibility, benefit selections, enrollment, and coverage should be directed to the
Human Resources department.

401(K) Plan and Roth 401(K)

Rutter’s believes that helping employees prepare for their retirement years is important. To that end,
the company has set up and contributes to a plan designed to provide a savings and investment vehicle
for employees.

Eligibility

1. Employees are eligible to enroll in the plan monthly after they have completed six months of
service and worked a minimum of 500 hours.
2. Employees must be 21 years of age or older to participate.

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Key Plan Features

• 401(K) = Pre-tax.
• Roth 401(K) = Post-Tax.
• Rutter’s will match 50% for every dollar you put into your 401(K) or Roth 401(K) up to 6% of your
eligible compensation. You may contribute more than 6% of your pay, but amounts above 6% will
not receive the company match. The employer’s match is discretionary and may change at any
time.
• Each calendar year, in order to receive the employer matching contribution and credit for a year
of service toward vesting, you must work a minimum of 500 hours and be employed on December
31st, unless you qualify due to retirement.
• Rutter’s has a five-year vesting schedule, 20% ownership after the first year, then 20% more each
year until year 5 for full ownership (100%)

The company reserves the right to terminate or amend the Plan at any time.

Service Awards
Employees are eligible for every 5 years of service they give to Rutter’s. Employees will be credited for
each complete year of service on December 31st. Service awards are distributed yearly for the credited
years for the period of August 1st through July 31st.

These benefits may be terminated at any time without prior notice.

Award & Incentives

We have a number of awards and incentive programs available to our employees. In order to keep all
awards and incentive programs consistent, accurate, and compliant with IRS rules, the following policy
will be used in regard to all prizes:

• Prizes, including cash, gift cards, trips, merchandise, etc., will be subject to W2 earnings, with the
appropriate federal and state taxes withheld.
• All prizes issued by a third party will NOT be reported for tax purposes on the employee’s W-2,
and any reporting necessary under IRS rules will be the responsibility of the third party issuing the
prize.
• Please Note: Any and all prizes/awards that are NOT paid through payroll must be documented
so the value can be processed through payroll with the appropriate Federal and State taxes being
withheld.

Tuition/Educational Expenses
Rutter’s supports employees who wish to continue their education to secure increased responsibility and
growth within their professional careers. In keeping with this philosophy, the company has established a
reimbursement program for expenses incurred through approved institutions of learning.

Eligibility
• Must be a full-time employee working an average of 30 hours or more per week.
• Must be employed for one year prior to the start date of the class.
• Courses must be job-related.

The company will reimburse up to a maximum of $1,000 per year incurred by an eligible employee for
continuing education through an accredited program that either offers growth in an area related to the
employee’s current position or might lead to promotional opportunities. This education may include
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college credit courses, continuing education unit courses, seminars and certification tests. You must
secure a passing grade of “B” or its equivalent or obtain a certification to receive any reimbursement.
Expenses must be validated by receipts, and a copy of the final grade card or certification must be
presented to show hours or certification received.

Procedures
To receive tuition/educational expense reimbursement, employees should follow the following
procedures:

1) The employee must complete and submit the educational expense agreement (found in the
company’s HRIS system) to the Human Resources department at least 30 days prior to the start
of the class.
2) The educational expense agreement will be reviewed and the employee will be notified of
approval or denial for the course.
3) If approved, request for reimbursement must be submitted within 30 days of receipt of a grade.
4) The Human Resources department will then coordinate the reimbursement with the payroll
department.
5) Employee must be actively employed to receive the reimbursement.

These benefits may be terminated at any time without prior notice.

Employee Drinks
All employees will be permitted to drink fountain soda, slushy (non-alcoholic), and coffee products at no
cost to them while on duty using an employee mug.

Drinks Included in the Program

• Brewed Coffee (hot and cold),

• Brewed Tea (hot and cold),
• Fountain Soda,
• Slushy (non-alcoholic),
• Cappuccino,
• Hot Chocolate.

Bottled products, items from the creamer bar (may only be used as a beverage condiment), canned
products, and crew served drinks (smoothies, R-shakes, frappes, and espresso machine beverages) are
not included in the program.

Employee Mug Usage

• Every Store employee is issued a reusable mug at new hire training for free drink use.
• Mug must have employee’s name printed in the space provided.
• No other container may be used for the free drink privilege.
• Lost mugs must be replaced at the employee’s expense ($5).
• Employees who lose their mug are not entitled to the free drink privilege until a replacement
mug has been purchased.

Employees are not permitted to consume free product if they are not on the clock. If an employee takes
a free drink while not clocked in, it will be considered an act of theft and handled accordingly. Any
employee that scans a free drink mug for an employee not on the clock or for a non-employee will be
subject to disciplinary action up to and including termination. Employees are permitted to purchase a
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drink in their employee mug at the appropriate refill price when they are not on the clock. If you witness
a violation of this procedure, please inform your District Manager immediately as it may result in
discipline up to and including termination.

Workplace Safety

Commitment to Safety
It is the responsibility of each employee that all tasks be conducted in a safe and efficient manner
complying with all local, state and federal safety and health regulations, programmatic standards, and
special safety concerns identified by Rutter’s.

Although most safety regulations are consistent throughout each department, it is the responsibility of
employees to identify and familiarize themselves with the emergency plan for their working areas. Each
facility has an emergency exit plan.

Employee Responsibility for Workplace Safety

To make our workplaces safe for all employees, each employee is expected to:
• Participate in maintaining a safe work environment by observing all safety measures.
• Report every accident, no matter how minor.
• Correct or report any safety hazard in his or her work area.
• Wear the personal safety equipment required for the tasks they are performing.

Workers’ Compensation
Workers’ compensation is a “no-fault” system that provides compensation for medical expenses and
wage losses to employees who are injured or who become ill because of employment.

Rutter’s pays the entire cost of workers’ compensation insurance. The insurance provides coverage for
related medical and rehabilitation expenses and a portion of lost wages to employees who sustain an
injury on the job.

The company abides by all applicable state workers’ compensation laws and regulations.

• If an employee sustains a job-related injury or illness, it is important to notify the Manager or

(PIC) person in charge immediately.
• The Employee Accident Report, located on the back-office computer should be completed in its
entirety by the end of the shift.
• Pennsylvania Only:
o If medical attention is needed the employee should refer to the designated physician
panel unless it is a true medical emergency care should be sought at the nearest
emergency room or urgent care center.
o Within 90 days of the injury, the employee is required to obtain treatment from one of
the physicians on the panel. Rutter’s is not obligated to pay for treatment given by a
provider not on the list. After 90 days, you may choose to continue treatment with a
panel physician or another provider of your choice.
• Outside of Pennsylvania:
o If medical attention is needed the employee may choose where to seek care and if a
true medical emergency, care should be sought at the nearest emergency room or
urgent care center.

Rutter’s reserves the right to amend the physician panel at any time.
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Workers’ compensation benefits (paid or unpaid) will run concurrently with FMLA leave, if applicable,
where permitted by state and federal law.

Drug-Free and Alcohol-Free Workplace

It is the policy of Rutter’s to maintain a drug-and alcohol-free work environment that is safe and
productive for employees and others having business with the company.

• The unlawful use, possession, purchase, sale, distribution, or being under the influence of any
illegal drug and/or the misuse of legal drugs while on company or client premises or while
performing services for the company is not permitted.
• Rutter’s prohibits reporting to work or performing services under the influence of alcohol or
consuming alcohol while on duty or during work hours.
• Employees are not permitted to purchase alcohol while on duty; including any “breaks.”
• Employees are not permitted to have alcohol in their possession in the store.

To ensure compliance with this policy, substance abuse screening may be conducted upon reasonable
suspicion that the employee is under the influence of alcohol or drugs that could affect or has adversely
affected the employee’s job performance. In addition, Rutter’s reserves the right to have an employee
have a substance abuse screening for the following:
• In the event of a workplace injury where there is a “reasonable suspicion” of substance abuse.
• Any accident resulting in damage to property or equipment.
• Frequent workplace accidents.
• Erratic, dangerous, or unpredictable behavior on the job.
• Violation of a serious safety rule.
• Obvious smell of alcohol/drugs when reporting to work or during work.
• Slurred speech, slow cognitive responses .
• Reports from colleagues that the employee admitted to using drugs or was seen using drugs.
• Obvious smell of alcohol in an employee’s drink container.

Compliance with this policy is a condition of employment. Employees who test positive after a for-cause
test or who refuse to submit to substance abuse screening will be subject to termination.
Notwithstanding any provision herein, this policy will be enforced at all times in accordance with
applicable state and local law.

Special Provision-Medical Marijuana

Under State Law, it is illegal to use medical marijuana in the workplace.

Rutter’s may limit an employee from performing certain duties where a safety risk might be called into
question; you must be able to perform the requirements of your job.

Rutter’s does not permit the use or possession of medical marijuana on our premises or property.

Any employee violating this policy is subject to discipline, up to and including termination, for the first
offense.

Smoking
The state enacted Clean Indoor Air Act prohibits smoking inside enclosed workplaces and commercial
establishments. This means that employees and customers are required by State law to smoke outside
of the building. The following procedures should be followed with respect to smoking while on duty.

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During daylight hours and if an employee is not working alone, the employees may smoke at a location
on the front porch that is as far from the entrance door as possible (to avoid exposing customers to
second hand smoke) while still being at the front of the store. The employee should maintain a clear
view of the entrance door to determine if assistance is needed inside of the store. The maximum
amount of time permitted for smoking is 5 minutes. The designated smoking area will be defined by
your District Manager and must be a safe distance from any gasoline, kero, or diesel pump and propane
tanks. A receptacle will be provided at the designated smoking area for the disposal of ashes and
cigarette butts.

A fundamental priority of Rutter’s is employee safety. Because of our commitment to your safety,
employees cannot smoke during single coverage or between the hours of 9 PM and 4 AM.

• Only 1 employee at a time is permitted to smoke in the designated smoking area.

• While smoking, the employee must continually monitor the sales counter and sales floor area to
determine if assistance is needed for customer service purposes. The 2-way radios should be
utilized for this purpose in those locations that have radios.
• If the employee is needed in the sales or counter area for assistance, the employee must, for fire
safety reasons, extinguish his/her cigarette before leaving the designated smoking area.
• Employees who smoke are permitted 1 cigarette or electronic cigarette break every 2 hours.
• Employees should not smoke during a store’s busiest sales period, so that customer service is
not affected. The Store Manager and District Manager will determine the times when smoking is
not permitted.
• Employees are permitted the use of e- cigs in a designated indoor area which is determined by
the District Manager. E-cigs may not be used at the counter, on the sales floor, office or
restrooms.
• Employees may only smoke in the designated smoking areas. Smoking outside of the designated
smoking area will result in the following disciplinary action:

First offense – written warning

Second offense – suspension
Third offense – termination

Employees under the age of 21 are not permitted to smoke or vape on company property and/or while
on the clock or off the clock in company uniform. Employees under the age of 21 are not permitted to
use smokeless tobacco on company property and/or while on the clock. Violation of this policy will
result in termination. Any fines levied on an employee from a government agency (Dept. of Health,
police, etc.) due to a violation of the Clean Air Indoor Act will be the responsibility of the employee.

Remember, you must always wash your hands after smoking and before waiting on a customer or
handling food products.

Customers are permitted to smoke e-cigs inside the store.

Your Manager will review this policy with you, show you the designated smoking area, and answer any
questions you may have.

Workplace Violence Prevention

Rutter’s is committed to providing a safe, violence-free workplace for our employees.

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 • Due to this commitment, we discourage employees from engaging in any physical confrontation
with a violent or potentially violent individual or from behaving in a threatening or violent
manner.
• Threats, threatening language, loud arguing, or any other acts of aggression or violence made
toward or by any employee will not be tolerated.
• A threat may include any verbal or physical harassment or abuse, attempts to intimidate others,
menacing gestures, stalking, or any other hostile, aggressive, and/or destructive actions taken
for the purposes of intimidation.

This policy covers any violent or potentially violent behavior that occurs in the workplace or at company-
sponsored functions.

• All Rutter’s employees bear the responsibility of keeping our work environment free from
violence or potential violence.
• Any employee who witnesses or is the recipient of violent behavior should promptly inform
their Manager or the Human Resources department.
• All threats will be promptly investigated.
• No employee will be subject to retaliation, intimidation, or discipline as a result of reporting a
threat in good faith under this guideline.

Any individual engaging in violence against the company, its employees, or its property will be
prosecuted to the full extent of the law. All acts will be investigated, and the appropriate action will be
taken. Any such act or threatening behavior may result in disciplinary action up to and including
termination.

• Rutter’s prohibits the possession of unlawful weapons on its property at all times, including our
parking lots or company vehicles. Exception is the State of West Virginia, which allows any
customer, employee, or invitee to legally possess a firearm on the property when the firearm is:
(1) lawfully possessed; (2) out of view; (3) locked inside or to a motor vehicle in a parking lot,
and (4) when the customer, employee or invitee is lawfully allowed to be present in the area.
• Additionally, while on duty, employees may not carry a weapon of any type.
• Weapons include, but are not limited to, handguns, rifles, automatic weapons, and knives that
can be used as weapons (excluding pocketknives, utility knives, and other instruments that are
used to open packages, cut string, and for other miscellaneous tasks), martial arts
paraphernalia, stun guns, and tear gas.
o If any excluded items are used in a threatening manner, whether verbally or physically, it
will result in discipline up to and including termination.

The company reserves the right to inspect all belongings of employees on its premises, including
packages, briefcases, purses and handbags, gym bags, and personal vehicles on company property. In
addition, Rutter’s may inspect the contents of lockers, storage areas, file cabinets, desks, and work
stations at any time and may remove any items that are in violation of Company rules and policies.

Workplace Guidelines

Attendance
All employees are expected to arrive on time, ready to work, every day they are scheduled to work.

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Absences, tardiness and early departure measure your attendance. Communicate any lateness,
absences, and early departures with your immediate Manager. Notification is only considered to be
given when the Manager acknowledges and responds to the employee’s communication.

"Absence" is defined as the failure of an employee to report for work when he or she is scheduled to
work. This policy does not apply to absences covered by the Family and Medical Leave Act (FMLA) or
leave provided as a reasonable accommodation under the Americans with Disabilities Act (ADA). These
exceptions are described in separate policies.
The two types of absences are defined below:
Excused absence/tardiness/early departure occurs when all of the following conditions are met:

• The employee provides to his or her Manager sufficient notice in advance of the absence and it
is approved.
• The reason for the request is approved.
• Providing a doctor’s note for 3 consecutive days absent or 3 days absent in a 30-day period.

Unexcused absence/tardiness/early departure occurs when any of the above conditions are not met.
The frequency of the absences/tardiness’s/early departures may be considered as excessive
absenteeism, as well as the time away from work and its impact on the requirements of the job
position.
Excessive absenteeism is defined as three or more unexcused absences in any three-month period.
Excessive tardiness is defined as three or more unexcused tardiness’s in any three-month period.
Excessive early departures are defined as three or more unexcused early departures in any three-month
period. Excessive absenteeism, tardiness, early departure or any combination will result in discipline up
to and including termination.
If an employee fails to report to work or call in to inform the Manager of the absence for three
consecutive days or more of scheduled shifts, the employee will be considered to have voluntarily
resigned employment. Walking off the job is also considered a voluntary resignation.

Rutter’s utilizes a Point System for absenteeism:

Absence Points
Late for work without a compelling reason 1
Calling off a shift without proper notification (4 hours 2
prior) or *not attempting to find coverage
No call/no show for a shift 3

Disciplinary Action

Points Total Action

Accumulation of 5 points Written warning
Accumulation of 6 points Non-exempt/hourly employees-Suspended without pay for 3
scheduled working days
Exempt/salaried employees- Receive a final written warning
Accumulation of 7 points Termination

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Additional Point System Information

• If it is determined that there was a legitimate reason for a violation above points will not be
assessed; absence/tardiness must be approved by a District Manager.
• Points will be removed from an employee’s file at the rate of 3 points for every 6 months that
an attendance violation does not occur.
• Being shorthanded does not justify not enforcing the points policy. A Store or Restaurant
Manager may be subject to disciplinary action up to and including termination for not
consistently enforcing the point system as outlined above.

Interaction with Leave Laws

Employees taking leave under the Family and Medical Leave Act, the Americans with Disabilities Act or
other state or federal protected leave are expected to provide notice of absences in accordance with
company policy. Failure to provide notice absent extenuating circumstances may result in disciplinary
action for failing to provide proper notification. *However, employees taking job protected leave under
the FMLA or ADA are not expected to find coverage for an absence.

Illness
Food Safety is every Store Employee’s responsibility. Employees who are ill while at work can infect
customers or coworkers, and the potential to contaminate food greatly increases.

Contact your Manager if you:

• Have any foodborne illness* or any communicable illness*.

• Are sneezing or coughing excessively.
• Have a fever.
• Have a sore throat with fever.
• Are vomiting or nauseous.
• Have diarrhea (*) or loose stools (any change in normal bowel movements), light-colored feces,
dark colored urine (cola or tea colored), or jaundice (yellowish eyes or skin).

IMPORTANT: In order to prevent illness from spreading, you must wait 24 hours after vomiting and/or
diarrhea stops before coming back to work, or provide written documentation from your physician to
the Manager on Duty stating that your condition is not infectious.

NOTE: If your systems are from a chronic or non-infectious condition such as pregnancy, Crohn’s
Disease, Irritable Bowel Syndrome, etc., you must provide a note from your physician to the Store
Manager to keep on file so that you may continue to work during times when you experience
symptoms.

Employees that have open sores, pustular boils or infected wounds on fingers, wrists, hands, or arms
that cannot be completely covered with a bandage and glove, must be restricted from food handling
duties. Management and Human Resources will determine if there is work available in another capacity
or if the employee must remain off of work until healed.

Inform Manager Immediately

Employees must inform the Manager on duty/ District Manager immediately if they:

Have been exposed to any foodborne illness or communicable disease.

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 • Are being tested by a physician for any foodborne illness or communicable disease.
• Have been confirmed by a physician with any foodborne illness or communicable disease.
• Are aware of another employee who is ill or has been exposed to a foodborne illness or
communicable disease.
• Become ill or begin to feel ill before, during, or after scheduled shift.

Employees must inform the Manager on duty/ District Manager if they are diagnosed with:
• Salmonella
• Shigella
• Escherichia coli (E coli)
• Hepatitis A
• Norovirus (Norwalk-like viruses)

Employees diagnosed with any of the diseases listed above must remain off the work schedule until
released by a physician and Human Resources approves their return to work.

* Diarrhea is defined as having loose stools 3 times in a 24-hour period.

* Foodborne illness is any illness resulting from the consumption of contaminated food.
* Communicable disease is any illness that can be transferred from person to person.

COVID-19
• Employees positive for COVID-19 must notify their manager of their absence following
current call off procedures.
• Employees must also submit a COVID leave form and test results via the company’s HRIS
system.
• An employee positive for COVID-19 may return to work 5 days from their test (day of test is
day 1) result unless they are still experiencing symptoms and/or are not 24 hours fever free.
• It is up to the employee to communicate their return with the stores management team.
• Employees with a negative COVID-19 test result may return to work as long as they are
symptom/fever free for 24 hours.

Disciplinary Procedure
Rutter’s expects employees to comply with the Company’s standards of behavior and performance and
to correct any noncompliance with these standards.

Under normal circumstances, the Company endorses a policy of progressive discipline in which it
attempts to provide employees with notice of deficiencies and an opportunity to improve. It does,
however, retain the right to administer discipline in any manner it sees fit. Rutter’s reserves the right to
skip or repeat steps in the progressive discipline process at any time based upon the frequency and
severity of an employee’s behavior or action. This policy does not modify the status of employees as
employees-at-will or in any way restrict the Company’s right to bypass the disciplinary procedures
suggested.

All steps below should be documented in the employee’s personnel file in the form of contact report.

Progressive Discipline Steps

1. Verbal Warning
2. Written Warning
3. Written Warning
4. Final Warning
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 a) Final Written Warning with an unpaid suspension for hourly/non-exempt employees;
b) Final Written Warning for salaried/exempt employees
5. Termination of employment

The progressive disciplinary procedures described above also may be applied to an employee who is
experiencing a series of unrelated problems involving job performance or behavior.

In cases involving serious misconduct, or any time the Manager determines it is necessary, such as a
major breach of policy or violation of law, the procedures contained above may be
disregarded. Typically, the Manager should suspend the employee immediately and an investigation of
the incidents leading up to the suspension should be conducted to determine if any further action, such
as termination, should be taken.

Uniform
A company-supplied uniform consisting of a hat/visor, a Rutter’s shirt, and a name tag will be provided
to every employee on orientation day. Additionally, food service employees will be provided an apron.
Employees are expected to wear the uniform provided by the company at all times while on duty.

Employees are expected to have a neat and clean personal appearance this includes good personal
hygiene.

Shirts
• Must be clean and wrinkle-free.
• Rutter’s logo apparel must always be the outermost layer.
• Employees working in the food service areas also must wear the company-supplied apron. This
includes employees that are wearing chef coats. The apron must be removed when exiting the
food service area. Apron use is optional for traditional store employees.

Chef Coats
• Restaurant Managers, Assistant Restaurant Managers, Roving Restaurant Managers, and Roving
Store Managers are required to wear a chef coat when working in the restaurant area.
• Chef coats must be completely buttoned at all times.
• Long sleeve shirts cannot be worn underneath the short sleeve chef coats.
• Sleeves may be rolled up on the long sleeve coats.
• A short-sleeve tank top or t-shirt should be worn underneath the short sleeve coat. An
undershirt can be worn underneath the long sleeve coat at your discretion.

Pants
• Must be a solid color.
• May not be tattered, torn, dirty or excessively baggy.
• Undergarments should not be visible.
• Sweat pants, windbreaker pants, and workout attire are not permitted.
• Denim pants and shorts are permitted.

Skirts/Shorts
• Must be a solid color.
• May be no shorter than 2 inches above the knee.
• May be no longer than 2 inches below the knee.

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Slip-Resistant Shoes
• Employees are required to purchase slip-resistant shoes within 3 weeks of their start date and
must be wearing the shoes by the time they complete their training period. An employee will
not be permitted to work in the stores if they have not purchased, or are not wearing, the
required slip-resistant shoes after the given timeline
• Must be clean.
• Open toed shoes, open heeled shoes, Clogs, Crocs®, high heels, and sandals are not permitted.
• Closed toe, closed heel, slip resistant sole Crocs® are permitted.

Hair/Fingernails
To comply with Pennsylvania Food Safety regulations as well as Rutter’s policies, all Store employees
must adhere to the following guidelines with regard to hair and nail care while on duty:
• All employees must wear approved hair covering.
• Hair longer than shoulder length must be pulled up, covered, and not touching the shoulders.
• Hair must be clean, brushed and worn in a sensible business style.
• Facial hair is allowed; must be neatly trimmed and well-maintained at all times. (Beard bibs may
be required based on the length of facial hair.)
• Fingernails must be clean and kept at a reasonable length.

Jewelry
To comply with Pennsylvania Food Safety regulations as well as Rutter’s policies, all Store employees
must adhere to the following guidelines with regard to jewelry while on duty:
• Wedding sets are the only rings permitted while working in the food service area or a traditional
store.
• Watches and bracelets are not permitted while working in the food service area or traditional
store.
• Pins, broches, or other adornments are not permitted.
• Employees are permitted to have two total facial piercings in addition to any ear piercings.
Note: a tongue piercing counts as one facial piercing.
• Earrings and necklaces are permitted and
o Must comply with food safety regulations
o Necklaces must be tucked under shirt
o Earrings may not be long or dangling
o Ear stretcher rings are to be worn at all times and must be a solid color
o Must pose no threat to employee safety or job performance

Perfume/Cologne
As a courtesy to fellow employees, Store employees should limit the amount of cologne, perfume or
fragrance of any kind used before and during work so as not to aggravate employee and customer
allergies or sensitivities.

Rutter’s will make every effort to accommodate jewelry and hairstyles associated with religious beliefs
and practices as long as they comply with Pennsylvania and Federal food service requirements.

Name Tags
Company-issued name tags must be kept clean and worn at all times while on duty. Name tags should
be worn directly above or below the Rutter’s logo on uniform shirts; directly below the Rutter’s logo on
chef coats and aprons.

Management reserves the right to reject attire that does not meet the uniform standard in any way.

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Personal Cell Phone/Device Use
While at work, employees are expected to exercise discretion when using personal cell phones. This
policy also includes usage of Smart Watches.

During working hours, cell phones should only be used for practical purposes and not for routine social
interaction. Examples of practical needs are:

• Communicating with physicians.

• Communicating with a mechanic that may be working on your vehicle.
• Communicating with your child about an important matter that needs immediate attention.
• Calling 911 for an emergency.

Cell phones may be used in an area designated as the store’s cell phone use area by the District
Manager, and never in view of a customer. Cell phones are not permitted in the designated smoking
area. Customer service should never be compromised to speak on a cell phone.

Cell phones should always be kept in an employee’s pocket or pocketbook. The phone should be in a
“silent” or “vibrate” mode at all times.

Employees are not permitted to “surf” the internet or visit social networking sites (i.e. – SnapChat,
Instagram, FaceBook, You Tube, etc.) while at work or on company time with any device.

Employees cannot take photos or record others in the workplace without their consent, and in no case
can they take photos or records of trade secrets or confidential business information.

Cell phones are not permitted to be used while driving a personal vehicle for company business unless
the employee is using a hands-free device.

Employees are not permitted to wear headphones or wireless earbuds while working.

Any violation of this policy could result in disciplinary action, up to and including termination.

Rutter’s will not be liable for the loss of personal cellphones/devices brought into the workplace.

Store Telephone Use

Employees are not permitted to use Store phones for personal phone calls, except in the case of an
emergency.

Incoming phone calls are to be answered promptly, but should not affect the customer service given to
customers in the store; it is not necessary to answer an incoming phone call until the needs of the
customers in the store have been met.

Greet each caller by saying; Good {morning, afternoon or evening}. This is Rutter’s in {location} home of
Rutter’s Rewards, how may I help you?

Personal Property
Rutter’s will not be liable for any lost/stolen/damaged personal property brought on our premises this
includes personal vehicles in our parking lots.

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Social Media Acceptable Use
Rutter’s encourages employees to share information with co-workers and with those outside the
company for the purposes of gathering information, generating new ideas, and learning from the work
of others. Social media provides inexpensive, informal, and timely ways to participate in an exchange of
ideas and information. However, information posted on a website is available to the public and,
therefore, the company has established the following guidelines for employee participation in social
media.

Note: As used in this policy, “social media” refers to blogs, forums, and social networking sites, such as
Twitter (now known as X), Facebook, LinkedIn, YouTube, Instagram, TikTok, Threads, and SnapChat,
among others.

• Off-duty use of social media. Employees may maintain personal websites or weblogs on their
own time using their own facilities. Employees must ensure that social media activity does not
interfere with their work. In general, the company considers social media activities to be
personal endeavors, and employees may use them to express their thoughts or promote their
ideas.
• On-duty use of social media. Employees may only engage in social media activity during work
time provided it is directly related to their work, approved by their Manager, and does not
identify or reference company clients, customers, or vendors without express permission. The
company monitors employee use of company computers and the Internet, including employee
blogging and social networking activity.
• Respect. Demonstrate respect for the dignity of the company, its owners, its customers, its
vendors, and its employees. A social media site is a public place, and employees should avoid
engaging in certain conduct that may violate company policy. For example, employees should
not divulge Rutter’s confidential information such as trade secrets, client lists, or information
restricted from disclosure by law on social media sites. Similarly, employees should not engage
in harassing or discriminatory behavior that targets other employees or individuals because of
their protected class status or make defamatory comments. Even if a message is posted
anonymously, it may be possible to trace it back to the sender.
• Confidentiality. Do not identify or reference company clients, customers, or vendors without
express permission. Employees may not disclose any confidential or proprietary information. For
examples of confidential information, please refer to the confidentiality policy. When in doubt,
ask before publishing.
• Trademarks and copyrights. Do not use the company’s or others’ trademarks on a social media
site or reproduce the company’s or others’ material without first obtaining permission.
• Legal. Employees are expected to comply with all applicable laws, including but not limited to,
copyright, trademark, and harassment laws.
• Discipline. Violations of this policy may result in discipline up to and including immediate
termination of employment.

Note: Nothing in this policy is meant to, nor should it be interpreted to, in any way limit your rights under
any applicable federal, state, or local laws, including your rights under the National Labor Relations Act
to engage in protected concerted activities with other employees to improve or discuss terms and
conditions of employment, such as wages, working conditions, and benefits.

Computers, Internet, Email, and Other Resources

The company provides a wide variety of communication tools and resources to employees for use in
running day-to-day business activities. Whether it is the telephone, voice mail, fax, scanner, Internet,
intranet, e-mail, text messaging, or any other company-provided technology, use should be reserved for
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business-related matters during working hours. All communication using these tools should be handled
in a professional and respectful manner.

Employees should not have any expectation of privacy in their use of company computer, phone, or
other communication tools. All communications made using company-provided equipment or services
including email and internet activity, are subject to inspection by the company. Employees should keep
in mind that even if they delete an email, voicemail or other communication, a copy may be archived on
the company’s systems.

Employee use of company-provided communication systems, including personal e-mail and Internet use,
that are not job-related have the potential to drain, rather than enhance, productivity and system
performance. You should also be aware that information transmitted through e-email and the Internet
is not completely secure or may contain viruses or malware, and information you transmit and receive
could damage the company’s systems as well as the reputation and/or competitiveness of the company.
To protect against possible problems, delete any e-mail messages prior to opening that are received
from unknown senders and advertisers. It also is against company policy to turn off antivirus protection
software or make unauthorized changes to system configurations installed on company computers.
Violations of this policy may result in termination for a first offense.

The company encourages employees to use e-mail only to communicate with fellow employees,
suppliers, customers, or potential customers regarding company business. Internal and external e-mails
are considered business records and may be subject to federal and state recordkeeping requirements as
well as to discovery in the event of litigation. Be aware of this possibility when sending e-mails within
and outside the company.

All use of company-provided communications systems, including e-mail and Internet use, should
conform to our company guidelines/policies, including but not limited to the Equal Opportunity,
Harassment, Confidential Information, and Conflicts of Interest. So, for example, employees should not
engage in harassing or discriminatory behavior that targets other employees or individuals because of
their protected class status or make defamatory comments. Similarly, employees should not divulge
confidential information such as trade secrets, client lists, or information restricted from disclosure by
law on social media sites.

Because e-mail, telephone and voice mail, and Internet communication equipment are provided for
company business purposes and are critical to the company’s success, your communications may be
accessed without further notice by Information Technology department administrators and company
management to ensure compliance with this guideline.

The electronic communication systems are not secure and may allow inadvertent disclosure, accidental
transmission to third parties, etc. Sensitive information should not be sent via unsecured electronic
means.

Securing Rutter’s systems requires your active participation. Please follow these guidelines when
using Rutter’s computers and POS systems.

• Do not share Rutter’s information or data with people outside the organization except when
permission has been given by the IT Department.
• Do not share any Rutter’s POS or computer passwords with anyone, including your manager or
supervisor. All passwords should be treated as sensitive, confidential information.
• All users with access to Rutter's Network are assigned with a unique username and login. These
credentials are not to be shared with anyone including your manager or supervisor.
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 • Use of generic and/or shared user ID’s and passwords are prohibited.
• Shared and/or generic user ID’s may not be used to administer any system component.
• Change all Windows’ level (e.g., desktop computer or laptop, etc.) passwords at least every 90
days.
• Make sure that Windows’ level passwords are “strong” passwords that conform to
• the following guidelines:
• Contain at least twelve (12) characters and have at least 2 of the following 3 characteristics:
• Contains both upper- and lower-case characters (i.e. a-z, A-Z)
• Contains at least one number (0-9)
• Contains a special character (i.e. #, $, %, etc.)
• Do not use the "Remember Password" feature in applications or on the internet.
• Contact the System Administrator if you need assistance changing your password.
• Contact the System Administrator if you are unable to access your account because of an invalid
username or password. Please note that after three (3) consecutive failed login attempts within
two (2) hours, your account will be locked out.
• Do not include passwords in email messages or other forms of electronic communication
without using approved encryption software.
• Respect and adhere to all copyrights and licensing agreements.
• Be cautious when sending or receiving information over the Internet to prevent viruses, worms,
Trojan horses and other software that could potentially damage our network systems.
• Protect and destroy any Rutter’s data and information stored on personally-owned computers,
copied to portable computers, portable electronic media, printed on faxes, and printed on
printers. Employees must consent to requests for access to corporate information stored on
personally-owned computers and may be required to destroy any corporate information, data,
or software that is found.
• Don't give out personal information on the phone, through the mail or over the Internet unless
you've initiated the contact or are sure you know who you're dealing with. Identity thieves may
pose as representatives of banks, Internet service providers (ISPs) and even government
agencies to get you to reveal your SSN, mother's maiden name, account numbers, and other
identifying information.
• Before you share any personal information, confirm that you are dealing with a legitimate
organization. You can check the organization's Web site as many companies post scam alerts
when their name is used improperly. Also, contact the company through an address or
telephone number you know to be genuine.
• If you receive an unexpected e-mail saying some action will be taken if you do not confirm your
billing information, do not reply or click on any links in the e-mail body. Use the Phish Alert
button in Outlook to report these emails.
• Before submitting financial information through a Web site, look for the "lock" icon on the
browser's status bar. This means your information is secure during transmission.
• All system components to be connected to any Rutter’s Network must be placed behind a
firewall adhering to the Rutter’s Firewall Policy.
• Employees and or Vendors should not use any system components in a matter which is not in
accordance with their job duties.
• To help reduce the risk of unwanted and malicious programs do not connect any unauthorized
devices to Rutters POS systems, this includes but is not limited to;
o Cell phones and chargers
o USB thumb drives
o Lap-tops/net books/tablet-pc’s
• Store-Level employees shall not ever tamper with the POS systems in any way for any reason.

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 • Direct all requests for information about configurations and software used to the IT department.
This information is considered sensitive and will be provided to third parties only on a need-to-
know basis.

Office telephones and company cell phones are for business purposes. While the company recognizes
that some personal calls are necessary, these should be kept as brief as possible and to a minimum.
Abuse of these privileges is subject to corrective action up to and including termination.

Nothing in this policy is designed to interfere with, restrain, or prevent employee communications
regarding wages, hours, or other terms and conditions of employment as protected under the National
Labor Relations Act. Employees have the right to engage in or refrain from such activities.

Solicitation
Employees should be able to work in an environment that is free from unnecessary annoyances and
interference with their work. In order to protect our employees and visitors, solicitation by employees is
strictly prohibited while either the employee being solicited or the employee doing the soliciting is on
“working time.” “Working time” is defined as time during which an employee is not at a meal, on break,
or on the premises immediately before or after his or her shift.

Employees are also prohibited from distributing written materials, handbills, or any other type of
literature on working time and, at all times, in “working areas,” which includes all office areas. “Working
areas” do not include break rooms, parking lots, or common areas shared by employees during
nonworking time.

Nonemployees may not trespass or solicit or distribute materials anywhere on company property at any
time.

Inclement Weather
All employees are expected to make every effort to arrive at work on time regardless of weather
conditions.

You should contact your Manager immediately if you are unable to arrive at work at your scheduled
time. The company relies on its employees to cooperate and be as flexible as possible if asked to work
hours different from those originally scheduled during periods of inclement weather.

Shut Downs Related to the Weather

During extreme conditions, District Managers will be in regular contact with each store to ensure that
the store is staffed and operating adequately and determine if store closure is necessary.

Time Off, Leaves of Absence & Temporary Light Duty Assignments (TLD)
General Leave

• Leaves may run concurrent with one another.

• While on any type of Leave PTO will not be earned until your return from leave.
• Arrangements regarding premiums for your insurance must be arranged with Human Resources
prior to beginning your leave.
• If you are eligible for FMLA, you would continue to pay your contribution to the premiums; if
you are not eligible for FMLA your benefits would go through COBRA and you would be
responsible for the full premiums and up to 2% additional for administrative fees.
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 • You must be actively employed to receive bonuses. You may receive a prorated portion of your
bonus if you are on leave during the bonus review period.

Procedure for applying for a leave

Requests for leave must be submitted via the company HRIS system by submitting an “LOA Request”.
You must also notify your direct Manager of your intent to take a leave.
Employees who fail to provide requests and required documentation within the timeframe guidelines
will be considered to have voluntarily resigned their employment.
The District Manager and Human Resources shall review and make a determination based on the
following factors:

• The purpose for which the leave is requested.

• The length of time the employee will be away.
• For non FMLA:
o The effect the leave will have on the ability of the department to carry out its
responsibilities.
o The quality of the employee’s performance prior to the submission of the request.

Procedure for returning from leave

• An employee who has been granted leave shall give their Manager reasonable notification of
their intent to return to work.
• Upon receiving notification of the employee’s availability, the Manager or District Manager will
arrange to have the employee resume their previous position, if available.
• If the previous position is no longer available, the employee may be considered for other open
positions which they may be qualified for and as they become available.
• If no position exists, the employee will remain on unpaid leave until a suitable opening develops.
If such an opening does not occur within a 60-day period, any obligation to reinstate the
employee is discontinued and the employee’s leave status is changed to a voluntary
termination. Future reemployment would be as a rehire with only legally required
reinstatement of applicable benefits.

Paid Time off (PTO)

Rutter’s recognizes the importance of time off from work to relax, spend time with family, and enjoy
leisure activities. The company provides PTO as detailed below for this purpose; employees are
encouraged to use PTO during the year.

Store Management Employees (Store Manager/Restaurant Manager/Roving Managers)

PTO is earned on an accrual basis throughout the year. The HRIS system will show the annual PTO
available including any carryover, not what is accrued.

Store Managers, Restaurant Manager and Roving Managers may use up to 1 week over their accrued
PTO, not to exceed the total amount accrued as of December 31st.

Years of Service PTO

1 Pro-rated based on hire date (see offer letter)

2-3 15 days (includes 8 holidays & 7 vacation days)

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 4-9 20 days (includes 8 holidays & 12 vacation days)

10-19 25 days (includes 8 holidays & 17 vacation days)

20-29 30 days (includes 8 holidays & 22 vacation days)

30+ 35 days (includes 8 holidays & 27 vacation days)

All Other Store Employees (Assistant Managers, Full & Part Time Team Members)

PTO is available to Assistant Managers and Team Members who average 30 or more hours per week and
have been employed for 1 year. The HRIS system will show the employees accrual amount, updated
weekly when the payroll is processed according to the below schedule.

Assistants and Team Members are only able to use accrued PTO amounts.

Years of Service Maximum Hours Weekly Accrued

1 - 5 Years 90 hours 1.73 hours
6 Years 99 hours 1.90 hours
7 Years 108 hours 2.08 hours
8 Years 117 hours 2.25 hours
9 Years 126 hours 2.42 hours
10 Years 135 hours 2.60 hours
11 Years 144 hours 2.77 hours
12+ Years 158 hours 3.04 hours

Religious observances
Employees who need time off to observe religious practices or holidays not already scheduled by the
company should speak with their Manager. Depending upon business needs, the employee may be able
to work on a day that is normally observed as a holiday and then take time off for another religious day.
Employees may also be able to take PTO or take off unpaid days. The company will seek to reasonably
accommodate individuals’ religious observances.

General PTO Guidelines

• Managers will make every effort to honor all PTO requests. Typically, PTO will be awarded on a
first come, first served basis, however, staffing requirements, workload, and seniority will also
be considered when approving PTO requests. Managers will not operate short-staffed at the end
of the year in an attempt to accommodate those employees who fail to schedule PTO days.
• Exempt employees must use any earned PTO before unpaid time may be taken.
• Non-exempt employees that are absent should request to use any earned PTO prior to the end
of the work week, if no PTO is entered the time will be unpaid.
• Generally, employees should submit PTO requests via the company’s HRIS system for manager
approval at least 2 weeks in advance of the requested PTO date.
• Exempt employees may schedule PTO in increments of 1 full or ½ a work day up to a maximum
of 2 weeks in a row.
• Non-Exempt employees may schedule PTO in full hour increments.
• Non-Exempt employees will not be paid PTO for anytime over their standard work week.
• Store Management Employees will be permitted to carry-over up to 1 week of earned PTO the
following calendar year or be paid out for any unused PTO earned over 2 weeks. Store
Management Employees must use at least 2 weeks of their earned PTO each year before they
can elect to carry over or be paid for unused earned PTO.
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 • Assistant Managers and Team Members will automatically carry-over any earned PTO up to 40
hours; any additional earned PTO will automatically be paid out in the beginning of January of
the following year.
• Eligible Team Member and Assistant Managers show their accrued PTO in Rutter’s HRIS; this
amount is automatically calculated and updated on a weekly basis.
• Eligible Store Managers, Restaurant Managers, and Rovers accrue PTO on a weekly basis;
however, in Rutter’s HRIS it shows the total amount of PTO you will earn if employed through
the end of the year. Employees may use up to 1 week over their accrued PTO, not to exceed the
total amount accrued as of the end of the year.
• Employees whose employment terminates (voluntarily or involuntarily) will be paid for unused
PTO that was earned during the calendar year of the termination.
• Employees whose employment terminates (voluntarily or involuntarily) and have used PTO
beyond what is earned, the amount overused will be deducted from your final paychecks.
• Employees not working a consistent schedule are considered seasonal employees. Seasonal
employees are not entitled to PTO.

Family and Medical Leave

Rutter’s complies with the federal Family and Medical Leave Act (FMLA), which requires employers to
grant unpaid leaves of absence to qualified workers for certain medical and family-related reasons.
FMLA runs concurrently with other types of leave, e.g., Short-Term Disability and Workers’
Compensation leave.

Basic Leave Entitlement. The FMLA requires covered employers to provide up to 12 weeks of unpaid,
job-protected leave to eligible employees for the following reasons:

(1) for incapacity due to pregnancy, prenatal medical care, or child birth;
(2) to care for the employee’s child after birth or placement for adoption or foster care;
(3) to care for the employee’s spouse, son or daughter, or parent who has a serious health condition;
(4) for a serious health condition that makes the employee unable to work.

Leave for either for reasons 1 and 2 must be completed within the 12-month period beginning on the
date of birth or placement. In addition, in cases where a married couple is employed by Rutter’s, the
two spouses together may take a combined total of 12 weeks’ leave during any 12-month period.

Military Family Leave Entitlements.

Eligible employees with a spouse, son, daughter, or parent on active duty or called to active-duty status
in the National Guard or Reserves in support of a contingency operation may use their 12-week leave
entitlement to address certain qualifying exigencies. Qualifying exigencies may include addressing
issues that arise from:

(1) short notice of deployment (limited to up to seven days of leave);

(2) attending certain military events and related activity;
(3) arranging childcare and school activities;
(4) addressing certain financial and legal arrangements;
(5) attending certain counseling sessions;
(6) spending time with covered military family members on short-term temporary rest and recuperation
leave (limited to up to five days of leave);
(7) attending post-deployment reintegration briefings;
(8) arranging care for or providing care to a parent who is incapable of self-care; and

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(9) any additional activities agreed upon by the employer and employee that arise out of the military
member’s active duty or call to active duty.

When both spouses work for Rutter’s, the aggregate amount of leave that can be taken by the husband
and wife is 12 weeks.

The FMLA also includes a special leave entitlement that permits eligible employees to take up to 26
weeks of leave to care for a covered servicemember during a single 12-month period. A covered
servicemember is a current member of the Armed Forces, including a member of the National Guard or
Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render
the servicemember medically unfit to perform his or her duties and for which the servicemember is
undergoing medical treatment, recuperation, or therapy; or is in outpatient status; or is on the
temporary disability retired list. When both spouses work for Rutter’s, the aggregate amount of leave
that can be taken by the spouses is 26 weeks in a single 12-month period for above.

Benefits and Protections During FMLA Leave.

During FMLA leave, the Company will maintain the employee’s health coverage under any “group health
plan” on the same terms as if the employee had continued to work. If paid leave is substituted for
unpaid FMLA, the company will deduct your portion of the health plan premium as a regular payroll
deduction. If your leave is unpaid, you must pay your portion of the premium to maintain your health
coverage. Your healthcare coverage will cease if your premium payment is more than 30 days late. If
your payment is more than 15 days late, we will send you a letter to this effect. If we do not receive your
co-payment within 15 days after the date of this letter, your coverage may cease. If you elect not to
return to work for at least 30 calendar days at the end of the leave period, you will be required to
reimburse the company for the cost of the premiums paid by the company for maintaining coverage
during your unpaid leave, unless you cannot return to work because of a serious health condition or
other circumstances beyond your control.

Upon return from FMLA leave, most employees will be restored to their original or equivalent positions
with equivalent pay, benefits, and other employment terms. However, an employee on FMLA leave
does not have any greater right to reinstatement or to other benefits and conditions of employment
than if the employee had been continuously employed during the FMLA leave period.

PTO and sick time cannot be earned while on FMLA leave; therefore, the employee will lose a portion of
their eligible PTO/sick time for the year.

Certain highly compensated key employees also may be denied reinstatement when necessary, to
prevent “substantial and grievous economic injury” to the Company’s operations. A “key” employee is
an eligible salaried employee who is among the highest paid ten percent of the Company’s employees
within 75 miles of the worksite. Employees will be notified of their status as a key employee, when
applicable, after they request FMLA leave.

Use of FMLA leave cannot result in the loss of any employment benefit that earned prior to the start of
an employee’s leave.

Employee Eligibility
The FMLA defines eligible employees as employees who:
• have worked for the Company for at least 12 months;
• have worked for the Company for at least 1,250 hours in the previous 12 months (rolling 12-
month period measured backward from the date an employee uses FMLA leave; and

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 • work at or report to a worksite which has 50 or more employees or is within 75 miles of
Company worksites that taken together have a total of 50 or more employees.

Definition of Serious Health Condition

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, work, or other daily activities.

Subject to certain conditions, the continuing treatment requirement may be met by a period of
incapacity of more than three 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.

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 work schedule when medically necessary. Employees must make
reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the
employer’s operations. Leave due to qualifying exigencies also may be taken on an intermittent or
reduced work schedule basis.

Substitution of Paid Leave for Unpaid Leave

Rutter’s requires exempt employees to use any earned PTO during an unpaid FMLA leave taken because
of the employee’s own serious health condition or the serious health condition of a family member or to
care for a seriously ill or injured family member in the military. Non-exempt employees should request
to use any earned PTO prior to the end of the work week, if no PTO is entered the time will be unpaid.
In addition, exempt employees must use any earned PTO during FMLA leave taken to care for a newborn
or newly placed child or for a qualifying exigency arising out of a family member’s active duty or call to
active-duty status in support of a contingency operation. In order to use paid leave for FMLA leave,
employees must comply with the Company’s normal paid leave procedures found in its PTO policy.

Employee Responsibilities
Employees must provide 30 days advance notice of the need to take FMLA leave when the need is
foreseeable. When 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. The Company
may delay leave to employees who do not provide proper advance notice of the foreseeable need for
leave, absent unusual circumstances preventing the notice.

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
also are required to provide a certification and periodic recertification supporting the need for leave.
The Company also may require a second, and if necessary, a third opinion (at the Company’s expense)
and, when the leave is a result of the employee’s own serious health condition, a fitness for duty report
to return to work. The Company also may delay or deny approval of leave for lack of proper medical

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certification. employees who fail to provide requests and required documentation within the timeframe
guidelines will be considered to have voluntarily resigned their employment.

Company Responsibilities
The Company will inform employees requesting leave whether they are eligible under the FMLA. If they
are, the notice will specify any additional information required as well as the employees’ rights and
responsibilities. If employees are not eligible, the Company will provide a reason for the ineligibility.

The Company will inform employees if leave will be designated as FMLA-protected and the amount of
leave counted against the employee’s FMLA leave entitlement. If the Company determines that the
leave is not FMLA-protected, the Company will notify the employee.

Other Provisions
Under an exception to the Fair Labor Standards Act (FLSA) in the FMLA regulations, hourly amounts may
be deducted for unpaid leave from the salary of executive, administrative, and professional employees;
outside sales representatives; certain highly-skilled computer professionals; and certain highly
compensated employees who are exempt from the minimum wage and overtime requirements of the
FLSA, without affecting the employee’s exempt status. This special exception to the “salary basis”
requirements for the FLSA’s exemptions extends only to eligible employees’ use of FMLA leave.

Employees may not perform work for self-employment or for any other employer during an approved
leave of absence, except when the leave is for military or public service or when the Company has
approved the employment under its Outside Employment policy and the employee’s reason for FMLA
leave does not preclude the outside employment.

Unlawful Acts by Employers

The FMLA makes it unlawful for any employer (1) to interfere with, restrain, or deny the exercise of any
right provided under the FMLA; or (2) to 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.

Enforcement
An employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit
against an employer.

The 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.

Personal Leave of Absence

An unpaid personal leave of absence may be granted upon request by an employee for important
pressing personal needs, ADA or non FMLA eligible leaves, at the discretion of your Manager and the
Human Resources department. Accepting employment elsewhere is not unpaid leave and constitutes a
termination of employment at Rutter’s.

Provisions
• Unpaid personal leave may only be requested once all other appropriate leave balances have
been exhausted.
• No benefits will be earned while an employee is on a personal leave.
• PTO cannot be earned while on personal leave; therefore, the employee will lose a portion of
their eligible PTO for the year.

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 • The employee’s benefits will be terminated through Rutter’s, but the employee and eligible
dependents will be offered COBRA. COBRA costs are the full portion of the premium plus an
administrative fee.

Short-Term Disability
Definition

Short-term Disability insurance pays a percentage of your salary if you become temporarily disabled,
which means that you are not able to work for a short period of time due to sickness or injury not
related to your job.

Eligible employees

Exempt Store Managers, Exempt Restaurant Managers, and Exempt Rovers.

Eligibility

Eligible employees will be enrolled in Short-Term Disability the 1st of the month after one year of
employment; this benefit is provided to eligible employees by Rutter’s.

Details

• 14-day unpaid Waiting Period.

• Employees are required to use all earned PTO (including carry over days) before Short-term
disability begins.
• Employees who have not earned enough PTO for the unpaid Waiting Period may choose to use
2 weeks over their accrued PTO amount, not to exceed the total amount accrued at the end of
the year.
• The employee must be under the care of a licensed physician and submit the required
documentation by the deadlines set by the Plan.
• Maximum benefit duration is 11 weeks.
• Benefits are paid weekly as follows:
o Class 1 (EXEMPT employees)-50% of weekly wage, up to a maximum of $700.
o Class 2 (NON-EXEMPT employees)-50% of weekly wage, up to $450.
• Benefits will cease upon the occurrence of any of the following events:
• End of disability;
• Death of employee;
• Failure of Benefit Conditions. The employee fails to comply with all of the conditions
and actions required of the employee; OR
• Meeting maximum benefit duration.

Any questions regarding Short-Term Disability can be directed to the Human Resources department.

Military Leave
Rutter’s supports the military obligations of all employees and grants leaves for uniformed service in
accordance with applicable federal and state laws. Any employee who needs time off for uniformed
service should immediately notify the Human Resources department and their Manager, who will
provide details regarding the leave. If an employee is unable to provide notice before leaving for
uniformed service, a family member should notify the Manager as soon as possible.

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Upon return from military leave, employees will be granted the same seniority, pay, and benefits as if
they had worked continuously. Failure to report for work within the prescribed time after completion of
military service will be considered a voluntary termination.

All employees who enter military service may accumulate a total absence of 5 years and still retain
employment rights.
Bereavement Leave
Bereavement leave time is granted for making funeral arrangements, attending the funeral and burial,
paying respects to the family at a wake or visitation, dealing with the deceased’s possessions and will,
and any ancillary matters that employees must address when a loved one dies.

All Store Employees averaging 30+ hours per week are eligible for bereavement leave. Eligible
employees should submit their Bereavement pay request in the HRIS.

Part-Time Employees may schedule unpaid time off with their Manager’s permission.

• Employees with more than 3 months’ service may take up to 3 days of paid bereavement leave
for the death of an employee’s spouse, parents, stepparents, children, stepchildren.
• Employees with more than 3 months’ service may take up to 2 days of paid bereavement leave
for the death of a sibling or step sibling.
• Employees with more than 3 months’ service may take up to 1 day of paid bereavement leave
for the death of a grandparent, grandchild or mother-in-law/father-in-law.

All Employees may schedule leave with their Manager’s permission.

The company may require verification of the need for the leave. The employee’s Manager and Human
Resources will consider this time off on a case-by-case basis.

Payment for bereavement leave is computed at the regular hourly rate up to a maximum of the
employees’ standard workday.

Jury Duty/Court Appearance

All Store Employees averaging 30+ hours per week are eligible and to provide income protection while
an employee carries out his or her civic responsibility, Rutter’s provides the difference between jury
duty pay and an employee’s regular day’s pay for time spent serving on jury duty. Generally, income
protection for time spent serving on jury duty will be provided for a maximum of five workdays.
Additional income-protected time away from the workplace for this purpose will be considered on a
case-by-case basis.
Responsibility
Upon receipt of notification from the state or federal courts of an obligation to serve on a jury or to act
as a court witness, the employee should notify their Manager. The employee is required to provide
copies of the subpoena or jury summons to their Manager and to the Human Resources department.

The Manager will make scheduling adjustments to accommodate the employee’s obligation.

Employees appearing in their own case as a plaintiff or defendant or for a non-subpoenaed court
appearance will not receive jury duty/court appearance pay. PTO or unpaid time should be used for such
instances.

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Temporary Light Duty Job Assignments (TLD)
Rutter’s recognizes that employees with a temporary work-related illness or injury, or who have
temporary restrictions related to pregnancy may be temporarily unable to perform the essential
functions of their position, yet, may still be able to make significant contributions to the organization. In
such situations, Rutter’s may attempt to create temporary assignments where the individual is
temporarily unable to perform one or more essential job functions. Nothing in this policy is intended to
abrogate or interfere with an employee’s rights under any State or Federal law, including but not limited
to, the Americans with Disabilities Act (ADA) or the Family and Medical Leave Act (FMLA).

Temporary Light Duty (TLD) is defined as a temporary job assignment to permit an employee with
medically necessary work restrictions arising from a work-related injury/illness or pregnancy, to return
to the workplace. A TLD will have a maximum length of 52 weeks and is contingent upon work
availability and the needs of the organization. Preference will be given in the order received and Rutter’s
may not be able to create TLD for all such requests based on its business needs. demands.

The employee is responsible for notifying their manager, District Manager, or Human Resources of
restrictions arising from a work-related injury/illness or pregnancy. Human Resources may request:
medical documentation substantiating the nature of the condition; evidence that it is a work-related
injury or illness or pregnancy; expected duration; job-related restrictions; and/or any other information
that may be necessary and relevant to evaluating the employee’s need for a TLD. If a TLD is warranted
and approved, Rutter’s will work with the employee’s manager, District Manager, and Human Resources
to create an appropriate TLD assignment for the employee.

Employees placed in a TLD assignment will be required to return to their pre-injury/illness/pregnancy

position when their work restrictions permit. TLD assignments are restricted to a duration of 52 weeks.
At the conclusion of the 52 weeks, Rutter’s will determine whether the employee can return to his/her
pre-injury/illness/pregnancy position. Rutter’s reserves the right to request updated medical
documentation at any time. At the conclusion of the 52 weeks of TLD, employees who are unable to
return to their regular position will be evaluated in accordance with any obligations Rutter’s may have
under State and Federal law.

While on TLD, an employee will be compensated at the rate equal to their base rate in their pre-
injury/illness/pregnancy position. Shift differential will not be paid unless the employee works during
qualifying time periods. Employees in a TLD assignment will be required to meet all performance and
conduct standards of Rutter’s. No employee will be released to his/her pre-injury/illness or pregnancy
position without documentation from a health care provider substantiating his/her ability to safely
perform all of the essential functions of the job.

*Rutter’s will provide accommodations for pregnancy, child birth and related medical conditions, even
when the employee is not disabled.

Questions regarding this policy should be directed to Human Resources.

Driver Information

Fleet Safety
The safety of our employees is extremely important to Rutter’s. This includes those employees who
drive company trucks and/or cars during the course of their day’s duties. This policy is designed to help

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Rutter’s select only the most qualified drivers for open positions, to continue to train drivers once they
are on staff, and to identify and correct any driver deficiencies that may arise.

Common sense and defensive driving skills are the best tools available to all drivers. It is Rutter’s desire
to constantly remind you of this fact and it is our hope that these will then become a part of your daily
driving habits.

This policy does not replace any DOT regulations, but is in addition to them as well as all federal, state
and local laws.

DEFINITION OF TERMS

DOT Department of Transportation

MVR Motor Vehicle Record, the state’s report of one’s individual driving record.

Type 1 Driver Any employee who drives any type of company truck that requires a

CDL for the purpose of delivery and/or service.

Type 2 Driver Any employee who drives a company vehicle, car and/or truck that does not require a
CDL.

Type 3 Driver Any employee who drives their personal vehicle on a regular basis for company business
and is reimbursed by the company for mileage.

PART 1 DRIVER SELECTION

The first part of our safety program will be to ensure that we are hiring qualified candidates for open
driving positions. To do this we will use the criteria below and require that each of them be met before
an applicant is officially hired.

Successful completion of these items is a requirement for employment and all offers are conditional
until all of these conditions are met.

TYPE 1 DRIVER

• Photo of a valid driver’s license. License must match current residence’s address within 15 days.
• Satisfactory review of the applicant’s MVR as defined in Part 6.
• Completely filled out and signed DOT application.
• New DOT Medical Examiners Certificate issued by Rutter’s medical facility of choice.
• Satisfactory completion of a driving test given by the Fleet Safety Director.
• Successful completion of a DOT pre-employment drug and alcohol test.

TYPE 2 AND 3 DRIVERS

• Photo copy of a valid driver’s license. License must match current residence’s address within 60
days.
• Satisfactory review of the applicant’s MVR as defined in Part 6 .
• Successful completion of a pre-employment physical and a drug and alcohol test.

PART 2 ON-GOING TRAINING

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Part two of our program will be on-going training and monitoring of our employees and their driving
records. Once you are hired safety does not go away, it becomes more important. We will try to provide
you with all of the tools and information that you need to be a safe driver. Any suggestions for
improvement in this area are welcome. Below is a list of requirements that all drivers must meet in
order to maintain their driving privileges with Rutter’s. Any employee that cannot meet these
requirements on a yearly basis, or as requested, will be prohibited from driving any company vehicle
immediately and continued employment will depend on the employee’s ability to meet all job
requirements without driving privileges. Any employee who loses or gets a suspended driver’s license
must notify the Fleet Safety Director and their Manager immediately; failure to do so will result in
termination.

TYPE 1 DRIVER

• Must participate in our DOT drug and alcohol program, which includes random testing.
• Must keep a valid Medical Examiners Certificate, from Rutter’s medical facility of choice. It is the
employee’s responsibility to keep track of the dates on their Medical Examiners Certificate. It is
also the employee’s responsibility to send a current copy of their Medical Examiners Certificate
to the state as required by the state.
• Provide a yearly photocopy of their valid driver’s license.
• Sign off so Rutter’s may obtain a yearly copy of the employee’s MVR.
• MVR must meet qualifications as specified in Part 6.
• Attend all safety and regulatory training as scheduled.
• Comply with any other safety measures Rutter’s may deem necessary in the future.
• Rutter’s reserves the right to require any driver who repeatedly exhibits unsafe driving to attend
safety training, at the employee’s expense, as a condition of their continued privilege to drive a
Rutter’s vehicle. Continued employment will be dependent on their ability to perform all of their
job’s functions without their driving privilege.

TYPE 2 AND 3 DRIVERS

• Provide a yearly copy of their valid driver’s license.

• Sign off so Rutter’s may obtain a bi-yearly copy of the employee’s MVR.
• MVR must meet qualifications as outlined as outlined in Part 6.
• Attend all safety and regulatory training that may be scheduled.
• Comply with any other safety measures Rutter’s may deem necessary in the future.
• Rutter’s reserves the right to require any driver who repeatedly exhibits unsafe driving to attend
additional safety training, at the employee’s expense, as a condition of their continued privilege
to drive a Rutter’s vehicle. Continued employment will be dependent on their ability to perform
all of their job’s functions without their driving privilege.

TYPE 3 DRIVERS

Must provide a copy of a valid personal automobile insurance policy for the vehicle used for company
duties. This policy must be for at least the state mandated minimums and we must have a copy updated
with each policy term.

PART 3 ACCIDENTS

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As much as you try to avoid them, sooner or later you may be involved in an accident. This section is
written to give you a list of what to do and what not to do at the scene of an accident as well as the
company guidelines governing accidents.

• At an accident scene remain calm, do not panic. Make sure everyone is OK, if not call for medical
personal immediately. Do not admit responsibility to anyone.
• Whether you are involved in the accident or are the first on the scene, you are only permitted to
render aid within your trained skills and only if you have the proper personal protective
equipment available.
• Police should be called to all accident scenes involving Rutter’s vehicles. If the police do not
respond please document the time that the call was placed.
• You are to cooperate at all times with all authorities.
• Along with the police report you need to document the following information;
• All involved parties; names, addresses, phone numbers and driver’s license.
• License plate numbers of all involved vehicles.
• All involved driver’s insurance policy’s names and policy number.
• Names, addresses and phone numbers of any and all witnesses.
• Name of officer and department name and phone number of responding police.
• Notes of what happened.
• If your vehicle is being towed from the scene make sure you know where it is going.
• Call the Director of Transportation and your Manager as soon as reasonably possible. Leave
them a voice mail 24 / 7. The Director of Transportation is Aaron Raby (717) 434-4149.
• As soon as reasonably possible, the same day, complete all accident paperwork to the
satisfaction of the Director of Transportation. If needed, we may bring the forms to you at the
hospital or your home for you to fill out. Failure to report an accident or complete the
paperwork in a timely fashion may result in disciplinary action.
• You will be required to cooperate with all company and insurance company investigations into
the accident. You will be expected to participate in any and all legal and civil proceedings that
are a result of the accident.

Type 1 drivers who have an accident may have to go for a DOT post-accident drug and/or alcohol test if
certain criteria are met. If the DOT criteria are not met the company still reserves the right to send you
for a post-accident test.

Type 2 and 3 drivers that have an accident will follow the DOT criteria. If the DOT criteria are not met
the company still reserves the right to send you for a post-accident drug and/or alcohol test.

All accidents will be subject to review by the Accident Review Committee and their findings.

PART 4 VEHICLE MAINTENANCE

A key to safe operation of a vehicle is maintaining that vehicle in proper condition. Vehicle maintenance
is everyone’s responsibility. Drivers are the key; the driver operates the vehicle every day. They are the
ones who need to notice when their vehicle is not operating correctly. This must be reported. The
company is responsible to see that a qualified technician corrects the problem or remove that vehicle
from service until such repairs can be made.

The information below will help you understand who is responsible for what and how to properly report
problems.

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All drivers are responsible for monitoring the fluid levels in their vehicle’s engine and reefer unit.

TYPE 1 DRIVER

• Drivers are responsible for maintaining all engine and reefer fluid levels at proper amounts.
• Drivers must fill out a Driver Vehicle Inspection Report (DVIR) and adequately describe any
defects found. This form must then be put in the designated place (see Distribution Procedure
#2 DVIR).
• Drivers are responsible for their own fueling. Again, all fuel slips must be completely filled out
and put in the designated place.

TYPE 2 DRIVERS

• Drivers are responsible for maintaining all engine fluid levels at the proper level. They are also
responsible for getting all of these fluids changed at the company stated intervals. The vehicle
must be taken to the company’s designated place for this work to be done and the company will
pay for this service.
• Drivers are responsible for their own fueling. Fueling must be done at an approved location and
all the paperwork and receipts must be handed in completed and in a timely fashion.
• Any vehicle mechanical issues must be reported to the person responsible for vehicle repairs
immediately. Currently that person is Todd Rutter at (717) 771-5976 or Aaron Raby at (717) 434-
4149. He will schedule the repairs for you. You are responsible for taking and retrieving the
vehicle from the repair shop. If the break down involves a major component of the car he or the
Director of Transportation will determine if the vehicle is allowed to be driven until the repairs
are made. If you are unsure of the effects on your safe driving because of the problem with your
vehicle, you need to ask. Never assume it will operate safely.
• Any issues that the driver feels are not adequately met with regards to vehicle repairs should be
immediately addressed with their Manager and/or the Director of Transportation. It is Rutter’s
policy that no unsafe vehicle should be on the road.

TYPE 3 DRIVERS

• Drivers are required to provide their own vehicles.

• Drivers are responsible for all maintenance of their vehicles.
• Drivers are responsible for all repairs to their vehicles.
• Drivers are responsible for all costs of insuring and registering their vehicles.
• Drivers are responsible for paying for any insurance deductibles relating to their vehicles.
• Drivers are responsible for paying for all fuel for their vehicles.

PART 5 SAFETY REGULATIONS

• All drivers of company vehicles must maintain a valid driver’s license.

• Failure to notify the Director of Transportation and your Manager of a license suspension or loss
of license will result in automatic termination.
• Any employee who losses their driving privilege; continued employment will depend on their
ability to meet their job requirements without driving privileges.
• Seat belts must be worn at all times.
• No employee shall ever operate a vehicle while under the influence of drugs and/or alcohol.
• No employee shall ever fuel a vehicle while the motor is running.
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 • No employee shall ever smoke while fueling a vehicle.
• No employee is permitted to pick up hitchhikers in company vehicles.
• Obey all State and Local driving regulations.
• Cell phone or any hand-held electronic device is not to be used while driving. If vehicle is
equipped with a hands-free device, it should be utilized. If a hands-free device is not available,
you must pull safely off the road before using your cell phone.
• The use of radar detectors is not permitted in any company vehicle.
• Refusal to submit to a drug and/or alcohol test is treated the same as a positive result.
• Drivers are financially responsible for all fines received in the company vehicle that are directly a
result of the driver’s actions. The company will only pay those fines that are assessed to the
vehicle itself.
• Company vehicles are for company business only. Personal use is covered in the employee
handbook.
• No driver may have unauthorized passengers, this includes family and friends.
• All accidents must be reported ASAP to the Fleet Safety Director and your Manager.
• No employee shall use or permit use of a company vehicle in an unauthorized manner.
• Smoking is not permitted in any company vehicle at any time.
• No one other than the authorized employee should ever drive the company vehicle.

PART 6 MVR QUALIFICATION

The standards are as follows:

Minor Violations: Major Violations:

Any moving violation other than a Major

(except):

Motor vehicle equipment, load or size Driving under the influence of drugs and/or
requirement alcohol

Improper failure to display license plates (if they Failure to stop / report and accident
exist)
Reckless driving / speeding contest
Failure to sign or display registration
Driving while impaired
Failure to have driver’s license in possession (if
Making a false accident report
valid license exists)
Homicide, manslaughter or assault arising out of
Failure to maintain an insurance verification card
the use of a vehicle
in vehicle
Driving while license is suspended / revoked

Careless driving

Attempting to elude a police officer

Verbal or physical assault on another vehicle

operator

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INSTRUCTIONS

Computation is extremely simple. MVR’s are defined as “Clean” or “Not Clean” based upon the number
of violations and at-fault accidents in the last 3 years. Any MVR determined “Not Clean” will be reviewed
with the employee by the Fleet Safety Director.

Motor Vehicle Record Grading Criteria (last 3 years):

Number of Minor Violations Last 3 years from the date the MVR is run.

0 Clean

1 Clean

2 Borderline

3 Borderline

4 Not Clean

Any Major Violation Not Clean

Number of At-Fault Accidents Last 3 years from the date the MVR is run.

0 Clean

1 Borderline

2 Borderline

3 Not Clean

PART 7 ACCIDENT REVIEW COMMITTEE

Purpose

• To determine if an accident was preventable after all the facts have been properly reviewed and
considered.
• To provide a basis for the employee’s Manager to take prompt and corrective action to reduce
the possibility of similar accidents occurring in the future.
• To provide a basis to determine an employee’s eligibility to receive fleet safety awards and to
qualify for the fleet safety incentive program.

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 • In order to accomplish these goals, the company has initiated an Accident Review Committee
(ARC). It will be the responsibility of the ARC to meet at the end of each month when an
accident occurs in that month to review the accident and to render a decision on the
preventability of each accident. The accident review committee will meet immediately after a
fatal accident.

Membership to the ARC will be as follows:

• President
• Director of Transportation
• Human Resource Representative
• 3 Peer Employees

Every driver involved in an accident will receive a letter informing them whether the accident has been
deemed chargeable (preventable) or non-chargeable (non-preventable) by the ARC. If chargeable, the
accident will become part of the employee’s fleet driving record and will result in formal disciplinary
action being taken to rectify the poor driving habit. Depending on the severity, discipline can range from
a verbal warning, written warning, suspension or termination according to our progressive discipline
policy.

If the employee disagrees with the committee’s decision, he/she may, in writing, appeal to the Director
of Transportation within ten (10) calendar days from receipt of the initial notification letter. The
President will than conduct a separate investigation and advise the employee in writing within thirty
(30) calendar days of his decision. The decision of the President will be final.

The employee will not be subjected to progressive discipline while an accident is under appeal. When
investigating an accident, any available police reports and/or citations issued will be taken into
consideration.

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