Border Foods Handbook

Contents
Welcome ........................................................................................................................................................ 5
Our Purpose ................................................................................................................................................... 5
Our Vision ...................................................................................................................................................... 5
Our Mission.................................................................................................................................................... 5
Core Values .................................................................................................................................................... 5
Purpose of Employee Handbook ................................................................................................................... 6
Equal Employment Opportunity .................................................................................................................... 6
Complaint Procedure ................................................................................................................................. 7
Protection Against Retaliation.................................................................................................................... 7
Work Rules ..................................................................................................................................................... 8
Hire Date ........................................................................................................................................................ 9

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Employee Classifications .............................................................................................................................. 10
Payment of Wages ....................................................................................................................................... 10
Overtime ...................................................................................................................................................... 11
Wage Dispute ............................................................................................................................................... 11
Work Schedules ........................................................................................................................................... 11
Timekeeping................................................................................................................................................. 11
Attendance................................................................................................................................................... 12
Work Rules for Minors ................................................................................................................................. 12
Meal and Rest Breaks................................................................................................................................... 12
Lactation Accommodation ........................................................................................................................... 13
Uniform Standards ....................................................................................................................................... 14
Performance Reviews .................................................................................................................................. 15
Bonus Pay..................................................................................................................................................... 16
Ethics and Integrity Policy ............................................................................................................................ 16
Unlawful Harassment Policy ........................................................................................................................ 16
Sexual Harassment ................................................................................................................................... 17
How Do I Report Harassment? ................................................................................................................. 18
Investigation of Complaints...................................................................................................................... 18
Concern Resolution Process ..................................................................................................................... 18
Policy Against Unlawful Retaliation ............................................................................................................. 19
Alcohol, Drug, or other Controlled Substances Policy ................................................................................. 21
Cannabis Policy ............................................................................................................................................ 22
Smoke-Free Workplace ................................................................................................................................ 22
Company's Right to Search .......................................................................................................................... 22
Cash and Security Policy for Team Members ............................................................................................... 23
Cash Policies and Procedures for Management .......................................................................................... 25
Smart Safe and Taco Bell Change Safe Policies ............................................................................................ 26
Smart Safe Delivery Policies: ........................................................................................................................ 27
Keys and Combination Control – General Manager Responsibility ............................................................. 28
Border Foods Scam Prevention Policy ......................................................................................................... 28
Manipulation Policy ..................................................................................................................................... 29
Tip Policy ...................................................................................................................................................... 29
Employee Meal Policy .................................................................................................................................. 29
Safety and Security Policies ......................................................................................................................... 30

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Back Door Policy .......................................................................................................................................... 31
Alarm Systems ............................................................................................................................................. 32
Driver Policy ................................................................................................................................................. 32
Electronic Device and Computer Usage....................................................................................................... 33
Restaurant Recording Policy ........................................................................................................................ 33
Computer Network ...................................................................................................................................... 34
E-Mail Use .................................................................................................................................................... 34
Unacceptable Uses of Company E-Mail ................................................................................................... 34
Etiquette ................................................................................................................................................... 34
E-Mails sent from Office to Restaurants .................................................................................................. 35
E-Mails sent from Restaurants to Home Office ........................................................................................ 35
Restricted Access ......................................................................................................................................... 35
Password Security .................................................................................................................................... 35
Software ................................................................................................................................................... 35
Company Electronic Equipment Usage ........................................................................................................ 36
Internet Usage and Related Communications ......................................................................................... 36
Cybersecurity ............................................................................................................................................... 36
Social Media................................................................................................................................................. 37
Violations ................................................................................................................................................. 37
Safety ........................................................................................................................................................... 38
Workers’ Compensation .............................................................................................................................. 38
Work Related Injuries ............................................................................................................................... 38
Work Related Injuries - Manager Requirements...................................................................................... 38
Return to Work Policy .............................................................................................................................. 38
Vacation Policy for Team Members and Shift Leaders ................................................................................. 39
Vacation for AGM, GM, ARL, and Office ...................................................................................................... 40
Sick Pay ........................................................................................................................................................ 42
Paid Holidays ................................................................................................................................................ 43
Bereavement................................................................................................................................................ 43
Notice of HIPAA Privacy Practices ................................................................................................................ 44
Uses and Disclosures of PHI ..................................................................................................................... 44
Other Possible Uses and Disclosures of PHI ............................................................................................. 45
Required Disclosures of PHI ..................................................................................................................... 46
Other Uses and Disclosures of Your PHI with Authorization.................................................................... 47

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 Your Rights ............................................................................................................................................... 47
Changes to this Notice ............................................................................................................................. 48
Verification of Employment/References ...................................................................................................... 49
Employee Assistance Program ..................................................................................................................... 49
Return of Company Property ....................................................................................................................... 50
Reinstatement.............................................................................................................................................. 50
PCI/PII Security and Acceptable Usage ........................................................................................................ 50
Personal Data Changes ................................................................................................................................ 52
Confidential Company Information ............................................................................................................. 52
Conflicts of Interest...................................................................................................................................... 53
Outside Employment ................................................................................................................................... 54
Background Checks ...................................................................................................................................... 54
Workplace Violence ..................................................................................................................................... 55
Disability and Accommodation .................................................................................................................... 56
Use of Company Equipment and Resources Handbook Statement............................................................. 57
No Solicitation/Distribution of Literature .................................................................................................... 57
Separation from Employment...................................................................................................................... 58
Time Off and Leaves of Absence .................................................................................................................. 58
Family and Medical Leave ............................................................................................................................ 59
Personal Leave ............................................................................................................................................. 64
Military Leave .............................................................................................................................................. 65
Time Off to Vote........................................................................................................................................... 65
Jury and Witness Duty Leave ....................................................................................................................... 66
Expenses ...................................................................................................................................................... 66
State Supplements: ...................................................................................................................................... 66
Illinois: .......................................................................................................................................................... 66
Paid Sick and Safe Time Handbook Statement: Illinois ................................................................................ 66
Mandatory Time Off/Day of Rest Handbook Statement: Illinois ................................................................. 70
Pregnancy Accommodation Handbook Statement: Illinois ......................................................................... 71
Sexual and Other Unlawful Harassment Handbook Statement: Illinois ...................................................... 72
Smoke Free Illinois Act ................................................................................................................................. 73
Religious Accommodation Handbook Statement: Illinois ........................................................................... 73
Minnesota: ................................................................................................................................................... 73
Paid Sick and Safe Time Handbook Statement: Minnesota ......................................................................... 73

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Wage Disclosure Protection Handbook Statement: Minnesota .................................................................. 77
Minimum Wage Rights Handbook Statement: St. Paul, Minnesota ............................................................ 77
Lactation Accommodation ....................................................................................................................... 77
Michigan: ..................................................................................................................................................... 78
Paid Sick and Safe Time Handbook Statement: Michigan ........................................................................... 78
Social Security Number Privacy Handbook Statement: Michigan ............................................................... 81
Montana: ..................................................................................................................................................... 81
Paid Sick and Safe Time Handbook Statement: Montana ........................................................................... 81
Acknowledgement and Receipt ................................................................................................................... 86

Welcome
What began as an idea between two brothers to open a Mexican restaurant has since grown into one of
the largest, privately held Taco Bell franchisees in America. At Border Foods, we work with a people-first
mantra. From cooks to cashiers to restaurant managers and beyond, we work together to bring to life the
Core Values of Border Foods. Welcome to our family where you will continue to learn, evolve, and shape
what comes next on our mission of making lives better.

Our Purpose
We believe we can make the lives of our employees and guests better by creating opportunities to
positively impact life experiences, if just for a moment, or a lifetime.

Our Vision
We will unlock the full potential of our employees and guests restaurant experience by creating safe,
welcoming, and supportive environments where everyone can thrive.

Our Mission
To be the most sought-after restaurant company for the experiences we create, opportunities we foster,
and services we provide to our employees and guests.

Core Values
• ACCOUNTABILITY

• INTEGRITY

• FAMILY

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 • EXCELLENCE

• TEAMWORK

• EMPOWERMENT

Purpose of Employee Handbook

This Employee Handbook contains information about the employment policies and practices of Border
Foods (and any state supplement, if applicable). These policies reflect the Company's values, and we
expect each employee to read this Employee Handbook carefully as it is a valuable reference for
understanding your job and Border Foods.

This Employee Handbook supersedes all previously issued Employee Handbooks. Except for the policy of
at-will employment, except where applicable by state law, Border Foods reserves the right to revise,
delete and add to the provisions of this Employee Handbook. All such revisions, deletions or additions
must be in writing. No oral statements or representations can change the provisions of this Employee
Handbook.

This Employee Handbook does not constitute an express or implied contract guaranteeing continued
employment for any employee. No manager or supervisor has any authority to enter into a contract of
employment - express or implied - that changes or alters the at-will relationship, except where applicable
by state law. Only the President of the Company has the authority to enter into an agreement that alters
the at-will employment relationship, and any such agreement must be in writing and signed by the
President of the Company.

Not all the Company's policies and procedures are set forth in this Employee Handbook. We have
summarized only some of the more important ones. If an employee has any questions or concerns about
this Employee Handbook or any other policy or procedure, please ask your supervisor, your Human
Resources representative, or another member of management.

Nothing in this Employee Handbook or in any other document or policy is intended to violate any local,
state, or federal law. Nothing in this Employee Handbook is intended to limit any concerted activities by
employees relating to employee wages, hours or working conditions, or any other conduct protected by
Section 7 of the National Labor Relations Act (NLRA). Furthermore, nothing in this Employee Handbook
prohibits an employee from reporting concerns, making lawful disclosures, or communicating with any
governmental authority about conduct the employee believes violates any laws or regulations.

This Handbook may apply to employees working in a state with greater or different rights. Border Foods
will include state-specific supplements that provide information and policies applicable to employees
working in that state. The Company complies with applicable state and local laws.

Equal Employment Opportunity

Border Foods is an equal opportunity employer. In accordance with applicable law, we prohibit
discrimination and harassment against any applicant or employee based on any legally recognized basis,

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including, but not limited to: veteran status, uniformed servicemember status, race (including traits
associated with race, such as hair texture and hair styles (e.g., braids, locs and twists), color, religion, sex,
sexual orientation, gender identity, age (40 and over), pregnancy (including childbirth, lactation and
related medical conditions), national origin or ancestry, citizenship status, physical or mental disability,
genetic information (including testing and characteristics) or any other category protected by federal,
state or local law. Our commitment to equal opportunity employment applies to all persons involved in
our operations and prohibits unlawful discrimination by any employee, including supervisors and
coworkers.

Complaint Procedure

Any employee who believes they have been harassed, discriminated against or subject to retaliation by a
co-worker, supervisor, agent, client, vendor, or customer of Border Foods in violation of this policy, or
who is aware of such harassment, discrimination of or retaliation against others, should immediately
provide a written or verbal report to their supervisor, any other member of management or Human
Resources (HR@borderfoods.com).
After a report is received, a thorough and objective investigation by management will be undertaken.
The investigation will be completed, and a determination made and communicated to the employee as
soon as practical. The Company expects all employees to fully cooperate with any investigation
conducted by the Company into a complaint of proscribed harassment, discrimination, or retaliation, or
regarding the alleged violation of any other Company policies, and during the investigation, to keep
matters related to the investigation confidential.

If we determine that this policy has been violated, remedial action will be taken, commensurate with the
severity of the offense. Appropriate action will also be taken to deter any future harassment or
discrimination prohibited by this policy. If a complaint of prohibited harassment, discrimination or
retaliation is substantiated, appropriate disciplinary action, up to and including termination of
employment, will be taken.

The Equal Employment Opportunity Commission (EEOC) and equivalent state agencies will accept and
investigate charges of unlawful discrimination or harassment at no charge to the complaining party.

Protection Against Retaliation

Retaliation is prohibited against any person by another employee or by Border Foods for using this
complaint procedure, reporting proscribed harassment, or for filing, testifying, assisting, or participating
in any manner in any investigation, proceeding or hearing conducted by a governmental enforcement
agency. Prohibited retaliation includes, but is not limited to, termination, demotion, suspension, failure
to hire or consider for hire, failure to give equal consideration in making employment decisions, failure to
make employment recommendations impartially, adversely affecting working conditions or otherwise
denying any employment benefit.

Employees should report any retaliation prohibited by this policy to their supervisor, any management
team member, or Human Resources (HR@borderfoods.com). Any report of retaliatory conduct will be
investigated in a thorough and objective manner. If a report of retaliation is substantiated, appropriate
disciplinary action, up to and including termination of employment, will be taken.

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Work Rules
The following is the Company’s Work Rules and Code of Conduct that if not followed could result in
disciplinary action by the Company, up to and including separation of employment.
The Company’s Work Rules and Code of Conduct are designed to support our Core Values, to maintain a
positive environment for all employees and ensure that uniform and consistent standards are applied
throughout the entire company.
The following is a partial list of behaviors that are considered unacceptable and do not adhere to the
Company’s Work Rules and Standards of Conduct:

1. Failure to follow the Border Foods Attendance Policy.

2. Not adhering to the Company’s dress code or uniform standards.
3. Not complying with Taco Bell Brand expectations, standards, and policies.
4. Refusal to perform the employee’s assigned work or an employee’s unsatisfactory performance
of job role responsibilities and accountabilities, as may be set forth in the employee’s job
description (as applicable).
5. The closing of all or any part of a restaurant (e.g., dining room, carryout, drive-thru or delivery)
during normal business hours without the express permission of an Area Coach or higher within
Border Foods.
6. Unauthorized use of the Company’s facilities, property, or equipment unless the employee has
express permission from an Area Coach or higher within Border Foods.
7. Destruction or damage of the Company’s facilities, property, or equipment.
8. Damage to the property of any employee, customer, or vendor.
9. Disruptive behavior on or near the Company’s premises during nonwork hours.
10. Arguing, fighting, causing bodily harm or otherwise threatening employees, customers, or
vendors.
11. Unprofessional conduct or failure to behave responsibly and respectfully towards others while in
uniform before, during and after working hours, including while driving on company business.
12. Engaging in horseplay or other behavior that is disruptive to employees, customers, or vendors.
13. Use of profanity or abusive, violent, threatening, or vulgar language at any time towards or
heard by employees, customers, or vendors.
14. Failure to follow food safety or sanitation procedures and/or failure to notify the Restaurant
General Manager, Area Coach or Taco Bell Corporate at 1-800-767-5147 of any illness that may
prevent you from handling or serving food per sanitary and health guidelines.

15. Carrying firearms, weapons, or dangerous substances at any time, on premises owned or
occupied by the Company, unless state law provides otherwise. Otherwise stated, this
prohibition applies only to the extent permitted by applicable state law. In those states that
specifically give an employee the right to maintain a lawfully possessed firearm in a locked
vehicle in the employer's parking lot, employees will be permitted to maintain a firearm in their
own locked vehicle consistent with applicable law. Under those circumstances, employees are

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 strictly prohibited from removing the firearm from their vehicle or carrying it on their person or
into company facilities.
16. Possessing, distributing, selling, transferring, using or being under the influence of alcohol or
drugs or other controlled substances.
17. Theft of any company property or the property of any employee, customer, or vendor.
18. Committing a fraudulent act or intentional breach of trust under any circumstances.
19. Falsification of employment records, employment information or other records.
20. Recording the work time of another employee, allowing any employee to record another
employee's work time, or allowing falsification of any timecard, whether yours or another
employee.

These Work Rules and Standards of Conduct are not all-inclusive. The above is a partial list of rules and
conduct that could result in discipline by the Company, up to and including termination. The progressive
discipline process is to communicate what conduct is acceptable and unacceptable and to specify the
corrective action required. Disciplinary options may include informal coaching, verbal consultation, written
documentation, and/or separation of employment.

In all cases these rules are intended to be implemented consistent with applicable law and are not intended
to and should not be construed to impair the right of employees to engage in protected concerted activities
under the National Labor Relations Act (“NLRA”) or conduct that implicates common concerns underlying
the NLRA.
The Company maintains an at-will employment policy, except where state law prevents At-Will
employment, that provides that any individual’s employment can be separated, with or without cause, and
with or without notice, at any time at the option of the employee or the Company unless otherwise
prohibited by applicable law. The Work Rules and Standards of Conduct do not constitute an express or
implied contract guaranteeing continued employment for any employee. No manager or supervisor has
any authority to enter into a contract of employment - express or implied - that changes or alters the at-
will relationship. Only the President of the Company has the authority to enter into an agreement that
alters the at-will employment relationship, and any such agreement must be in writing and signed by the
President of the Company.

Hire Date
The first day you report to work is your "official" hire or anniversary date. Your hire date is used to
compute various conditions and benefits described in this Employee Handbook. The Company will
calculate your length of service using your original hire date if you are rehired within 6 months of your
termination date. For AGMs, GMs, ARLs and Office Employees, your length of service will be counted
towards the following benefits: vacation accrual rate, short-term disability, long-term disability, and 401k
plan. All vacation and sick balances accrued prior to termination are forfeited if previously not eligible for
payout.
Note: All rehire eligible employees must go through the new hire process including the I-9, E-Verify,
WOTC and a background check if applicable for the position.

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Employee Classifications
Employees of Border Foods are classified as either exempt or nonexempt under federal and state wage
and hour laws and are further classified for administrative purposes. The following designations are used
throughout this Employee Handbook.
Employees will be informed whether their status is exempt or nonexempt and should consult their
supervisor or Human Resources (HR@borderfoods.com) with any questions or concerns regarding this
status.
Exempt Employees
Exempt employees are employees whose job assignments meet specific tests established by the federal
Fair Labor Standards Act (FLSA) and state law and who are exempt from minimum wage and overtime
pay requirements. Exempt employees are compensated on a salary basis.
Nonexempt Employees
Nonexempt employees are employees whose job positions do not meet FLSA or applicable state
exemption tests, and who are not exempt from minimum wage and overtime pay requirements.
Nonexempt employees are eligible to receive overtime pay for hours worked more than 40 hours in a
given week, or as otherwise required by applicable state law.

Payment of Wages
Employees will be paid bi-weekly on Thursday by check, direct deposit, or Dayforce Wallet card.
If the regular payday falls on a company-recognized holiday, then employees will be paid on the workday
before the regular payday. Employees who enjoy the benefit of electronic direct deposit will receive
deposit on each payday.
Paycheck Deductions
Border Foods is required by state and federal law to make certain deductions from employees' paychecks
each pay period. Such deductions typically include federal and state income taxes and Social Security.
Depending on the state in which you are employed and the benefits you choose, additional deductions
may occur.
The pay of some nonexempt employees may be subject to deductions. Such deductions will be made in
accordance with state and federal law and will require written authorization from the employee. The
amount of all deductions will be listed on the employee's pay stub. Reporting Errors
If any employee, exempt or nonexempt, has questions about deductions from their pay, believes they
have been subjected to improper deductions, or believes that the amount paid does not accurately
reflect their total hours worked or salary, please contact your supervisor or Payroll
(Payroll@borderfoods.com).
Every report will be fully investigated, and Border Foods will provide the employee with any
compensation to which the employee is entitled in a timely fashion.
Border Foods complies with all applicable laws, including the Fair Labor Standards Act, and will not allow
any form of retaliation against individuals who make good-faith reports of alleged violations of this
policy, or who cooperate in an investigation by Border Foods, even if the reports do not reveal any errors
or wrongdoing.

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Overtime
When operating requirements or other needs cannot be met during regular working hours, employees
may be scheduled to work overtime. Nonexempt employees will be paid one and one-half (1.5) times
their regular rate of pay for all hours worked more than 40 in one workweek and as otherwise required
by applicable state and federal law. Paid time off such as sick pay, holiday pay, vacation pay, and jury duty
pay (where applicable) will not count toward hours worked for the purpose of determining overtime pay,
except for AGM’s, GM and AGM Trainees as they are required to work 50 hours per work week.

Wage Dispute
Border Foods is committed to paying employees for the full amount of time an employee performs work
on its behalf. If an employee believes that they have not been paid all wages owed to them, they should
report the matter to their supervisor, area coach, or Payroll (Payroll@borderfoods.com). All complaints
of unpaid wages that are reported as described above will be promptly investigated by the Company as
confidentially as possible and will be evaluated on an individual basis.
No retaliation or intimidation directed towards anyone who brings a complaint will be tolerated. Once
the investigation is completed a determination will be made and communicated to the employee and, if
appropriate, the employee will be paid any amounts owed to him or her.
If an employee brings a complaint to you, you must report the complaint to Payroll
(Payroll@borderfoods.com).

Work Schedules
All employees are expected to be at their designated work area at the start of their scheduled shift,
ready to perform their work.
Supervisors will schedule meals and rest periods as appropriate. The Company complies with federal and
state laws in this regard.
Staffing needs and operational demands may necessitate variations in starting and ending times, as well
as variations in total hours that may be scheduled each day and week.

Timekeeping
Employees who are classified as nonexempt must accurately record the time they work each day,
including arrival, departure, and meal break times.
When employees receive their paychecks, they should verify immediately that their working time was
recorded accurately and that they were paid correctly for all hours worked.
Nonexempt employees must report all the time worked and must not work any time that is not
authorized by their supervisors. This means nonexempt employees must not start work early, finish work
late, work during a meal break or perform any other extra or overtime work unless directed to do so.
employees who have questions about when or how many hours they are expected to work should
contact their supervisor.

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It is against Company policy for anyone to instruct or encourage another employee to work "off the
clock," to incorrectly report hours worked or to alter another employee's time records. If any employee
is directed or encouraged to incorrectly report hours worked, or to alter another employee's time
records, the employee should report the incident immediately to a supervisor.

Attendance
All employees are expected to report to work as scheduled and to work their scheduled hours and any
required overtime. If you will be absent from, or late to work, you must give notice, via telephone call,
directly to your manager a minimum of two hours in advance. Employees are also responsible for finding
adequate coverage for their scheduled shift, except in states where sick and safe time exists. Shift
changes must be approved by their supervisor.
At its discretion and in accordance with State Labor Laws, the Company may require written
documentation of the reason for your absence. The Company will record absences and/or tardiness in
your employment file and your attendance record may be considered when evaluating requests for
promotions, transfers, leave of absence or other employment actions. In addition, an unacceptable
attendance record may result in disciplinary action up to and including separation of employment.
If you fail to report to work and do not give your supervisor advanced notice (i.e. "No Call, No Show"),
you will be considered to have voluntarily resigned your employment with the Company. Exceptions
for special circumstances will be made at the Company’s discretion.

Work Rules for Minors

All employees under the age of 18 must submit documentation (an age certificate, a birth certificate or
driver's license) showing proof of age to the Company before starting employment. If you are
responsible for hiring a minor, you must ensure that he or she submits the appropriate documentation to
you. In addition, all supervisors must be aware of and comply with the following rules when scheduling
minors for work.
Employment files, including applicable work permits, should be uploaded to the employee’s personnel
profile, accessible only by Management staff.
State supplements will include coordinating work rules and rest breaks for minors.

Meal and Rest Breaks

It is the Company's policy to comply with all laws regarding meal and rest breaks. employees should refer
to their state-specific supplement for additional information regarding meal and rest breaks required
under state law.
If an employee works in a state where there are no applicable meal or rest break requirements, the
Company will provide break time as appropriate, subject to operational needs and supervisor discretion.
The Company does not contract to provide such break time in these states.
Rest breaks of short duration (lasting between 5 and 20 minutes) will be counted as "hours worked" and
paid accordingly. Any Breaks less than 30 minutes in duration in the following states (MI, MT, ND, and
WI), will be counted as “hours worked”. Meal breaks lasting 30 minutes or more are not considered
"hours worked" for purposes of federal law and will not be paid for nonexempt employees.

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Employees must be completely relieved from work duties during any unpaid meal breaks. Nonexempt
employees must record the beginning and ending time of their meal breaks each day on their time
records.
If an employee has a conflict with this policy, because of a sincerely held religious belief or a directive by
a health care provider, immediately direct this matter to the GM, Area Coach or Human Resources
(HR@borderfoods.com) for consideration.

Lactation Accommodation
The Company will provide a reasonable amount of break time to accommodate an employee desiring to
express breast milk for the employee's infant child. Employees needing breaks for lactation purposes
may use ordinary paid rest breaks or may take other reasonable break times when needed. If possible,
the lactation break time should run concurrently with scheduled meal and rest breaks already provided
to the employee. If the lactation break time cannot run concurrently with meal and rest breaks already
provided or additional time is needed for the employee, the lactation break time will be unpaid for
nonexempt employees.

Employees will be relieved of all work-related duties during any unpaid break. Where unpaid breaks or
additional time are required, employees should work with their supervisor or Human Resources
(HR@borderfoods.com) regarding scheduling and reporting the extra break time. When state law
imposes more specific requirements regarding the break time or lactation accommodation, the Company
will comply with those requirements.
Because exempt employees receive their full salary during the weeks in which they work, all exempt
employees who need lactation accommodation breaks do not need to report any extra break time as
"unpaid."
The Company will provide employees with the use of a room or a private area, other than a bathroom or
toilet stall, that is shielded from view and free from intrusion from co-workers and the public. The
Company will make a reasonable effort to identify a location within proximity to the work area for the
employee to express milk. This location may be the employee's private office, if applicable. The Company
will otherwise treat lactation as a pregnancy-related medical condition and address lactation-related
needs in the same manner that it addresses other non-incapacitating medical conditions, including
requested time off for medical appointments, requested changes in schedules and other requested
accommodations.
Employees should discuss with their supervisor or Human Resources (HR@borderfoods.com) the
location for storage of expressed milk. In addition, employees should contact their supervisor or Human
Resources (HR@borderfoods.com) during their pregnancy or before their return to work to identify the
need for a lactation area.
Employees who believe they have not been provided lactation break time and the use of a room or
private area in accordance with this policy and federal law should immediately notify the Human
Resource Department (HR@borderfoods.com). The Company will not retaliate or discriminate against an
employee because they file a complaint or institute any proceeding under or related to the federal Fair
Labor Standards Act, testify in any such proceeding or serve on an industry committee.

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For employees working in a jurisdiction that has an applicable state or local mandatory lactation
accommodation law, the Company will comply with all legal requirements, including providing greater
break time and space accommodations than those described in this policy.

Uniform Standards

Office Employees
Employees working in the office may wear casual attire that presents a clean appearance without
offensive or inappropriate designs, clothing should not be too revealing. Dress for your day in comfort
and appearance.
Restaurant Employees
Company provided uniform shirts will be distributed on hire depending on the number of hours/days you
are working. Direct requests for replacement or supplement uniforms to the GM. Shirts must be clean
and unwrinkled for every shift.
Employees may wear their own pants if they meet the following criteria:
• Dark denim, black jeans, or black pants can be worn.
• Pants must be a solid color, and free of rips, holes and tears.
• Pants may be cuffed or rolled.
• Black colored belt may be worn if desired.
• Black pants or jeans should not be capris, carpenter, cargos, corduroy, leather, loungewear,
sportswear, spandex, yoga pants or joggers.
• Decals, rhinestones, patches, and embroidery are not permitted.

Employees may purchase solid black pants at the retailer of their choice or through the HPI Direct
Website www.tacobelluniforms.com. Shorts are not allowed.
Aprons are required for all Food and Service Champions and must be maintained in a clean condition. In
colder weather, wear a jacket, hoodie or vest from any Taco Bell approved uniform vendor or your own -
just make sure it's all black!

Shoes
Solid black, slip resistant shoes, leather, or leather look only. No cloth or suede shoes. Shoes must be
clean with laces tied. Shoes must be closed toe and closed heel. Add fun socks of your choice to make
your uniform your own!
Jewelry
• Earrings smaller than a quarter are permitted.
• Nose rings or studs with locks and backings are okay.
• Facial piercings, gauges, and ear lobe spacers are permitted if they secure with locks and
backings. They can NOT be clear colored.

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 • Plain rings and wedding bands without stones are permitted.
• Watches are wearable ONLY when not handling food.
• No bracelets may be worn. Hair
Any employee, including Managers, preparing/handling unwrapped food and preparing beverages must
wear a hat or visor. All hair must be restrained above the collar. Hair longer than the base of the neck,
ponytails, and braids, need to be tucked up in the hat or worn in a net. Hairstyles, which do not fit under
a uniform hat or visor, need to be covered with a hair net. The hat should not tilt excessively backwards
off the forehead and the brim of the hat must face forward. Beards must be neatly trimmed. When
handling food, beards longer than ½ inch must be worn with a beard net. Mustaches and goatees are
permitted but must be kept neat and trimmed
Fingernails
Natural length nails should be kept neat, clean, and trimmed while false fingernails, decals, or polish
must be covered with single-use disposable gloves. Gloves
To protect the safety and health of the Brand, employees, and customers from most food borne illness
risks; single-use, disposable gloves must be worn at all times during a shift while handling food. Proper
hand washing procedures must be followed as well; gloves are never a substitute for hand washing.
Every time an employee changes gloves, they must wash and sanitize their hands according to the hand
washing guide found in One Source. Tattoos
Every attempt must be made to cover all tattoos. Face tattoos are prohibited. Visible tattoos may not be
offensive and may not include references to profanity, gang association, racial, or sexual content. If an
employee has a tattoo that conflicts with this policy as a result of sincerely held religious beliefs, they
should notify Human Resources. (HR@borderfoods.com).
Cell Phones
Non-Company issued cell phones must be out of view with the sound turned off during your scheduled
shift. No portable music players (i.e.: iPods, etc.) can be worn during your scheduled shift. Personal use
of non-Company pagers and/or cell phones, including text messaging, are only to be used during
authorized breaks or meal periods. Personal calls/texts and are not permitted unless it is a bona fide
emergency.
Nothing in this policy is intended to prevent employees from wearing a hair or facial hair style
that is consistent with their cultural, ethnic, or racial heritage or identity. This policy will be
interpreted to comply with applicable local, state, or federal law.
Religious, Medical and Disability Accommodations
The Company will reasonably accommodate an employee's religious beliefs, medical condition, or
disability by making exceptions to this policy. Employees who need such an accommodation should
contact their supervisor or Human Resources (HR@borderfoods.com).

Performance Reviews
Performance reviews are generally scheduled once a year or upon a change in assignments; however,
supervisors and employees are strongly encouraged to discuss job performance and goals on an
informal, day-to-day basis.

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A positive performance review does not guarantee a salary increase or a promotion. These decisions are
made at the discretion of the Company and depend on a number of factors in addition to an employee's
individual performance.
The Company reserves the right to make any personnel changes (including termination) before or after
performance reviews.

Bonus Pay
For bonus eligible employees, Above Restaurant Leader and below, bonus is paid out based on operating
metrics that are subject to change throughout the year and the bonus program may be terminated at
any time. In order to receive a bonus, you must be employed by the Company at the time of bonus
distribution.

Ethics and Integrity Policy

Border Foods is an ethical Company that cares about how results are achieved. It is expected that each
employee will conduct Company business with integrity and comply with all applicable laws and policies
in a manner that excludes considerations of personal advantage or gain.
Unethical and/or dishonest behavior is prohibited and may result in disciplinary action up to and
including separation of employment.
If the Company determines that results were obtained by unethical means i.e. falsification or
misrepresentation, the Company may suspend, cancel, or withhold a bonus payout if applicable, where
allowed by law. If the final paycheck is not sufficient to repay for funds owed to the Company i.e. theft,
the Company may initiate the appropriate legal proceedings to collect the balance due. It is the
responsibility of each employee to report to the next level of management any incidence of unethical
behavior, dishonesty, or falsification.
Every employee has the responsibility to ask questions, seek guidance, and report suspected violations
and express concerns regarding compliance with this policy.
Retaliation against employees who use these reporting mechanisms to raise genuine concerns will not
be tolerated.
Employees will not use, make available or divulge to any person, firm, corporation, or other entity any
information regarding the Company including, without limitation, trade secrets, customer lists, business
policies, financial information, technical information, methods of operation, marketing programs,
employee lists, location lists or any other confidential information concerning the business and affairs of
the Company or any of its affiliates. This applies during employment and after employment ends.

Unlawful Harassment Policy

The Company is committed to providing a work environment free from unlawful harassment.
Harassment based on a person's race, color, hair, sex, religion, national origin, age, genetic information,
disability, marital status, familial status, sexual orientation, status with regard to public assistance,
military status, or any other status protected by law is unlawful under federal, state, and/or local laws
and will not be tolerated.

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Harassment consists of verbal, physical, or visual conduct that denigrates or shows hostility or aversion
toward an individual because of his or her race, color, sex, religion, national origin, age, genetic
information, disability, marital status, familial status, sexual orientation, status with regard to public
assistance, military status, or any other protected status and has the purpose or effect of creating an
intimidating, hostile, or offensive work environment that unreasonably interferes with an individual's
work performance.
The following examples may constitute harassment, depending on the circumstances, and are intended
to provide clarification, although they are not inclusive of all forms of possible harassment:
• Epithets, slurs, stereotyping, or threatening, intimidating, or hostile acts that relate to any
protected status; and

• Written or graphic material that denigrates or shows hostility or aversion toward an individual or
a group because of the employee's protected status that is placed on walls, bulletin boards, or
elsewhere on Company property.
Any employee found to be in violation of this policy will be subject to appropriate disciplinary action up
to and including termination of employment.
Sexual Harassment
One specific kind of unlawful harassment is sexual harassment. Sexual harassment can be difficult to
define. As of the date on which the Company adopted this policy, sexual harassment has been defined as
including unwelcome sexual advances, requests for sexual favors, sexually motivated physical contact, or
other verbal or physical conduct or communication of a sexual nature when:
• Submission to that conduct or communication is made a term or condition, either explicitly or
implicitly, of obtaining employment.

• Submission to or rejection of that conduct or communication by an individual is used as a factor

in decisions affecting that individual's employment; or

• That conduct, or communication has the purpose or effect of substantially interfering with an
individual's employment or creating intimidating, hostile, or offensive employment.
Normal, mutually respectful, non-coercive interaction between individuals that is acceptable to both
parties generally is not considered sexual harassment.
The following examples may constitute sexual harassment, depending on the circumstances, and are
intended to provide clarification, although they are not inclusive of all forms of possible sexual
harassment:
• Unacceptable verbal abuse, which may include sex-oriented jokes, sexual innuendo, suggestive
comments, and inappropriate inquiries into personal matters;

• Unacceptable nonverbal harassment, which may include the display of suggestive objects,
pictures, or comments that imply offensive behavior or making suggestive or insulting noises or
obscene gestures;

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 • Unacceptable touching of a person that is not welcome, which may include hugs, arms around
that person's shoulders, pinching, brushing your body against that person's body, or assault;

• Indecent exposure;

• Making sexual or romantic advances toward an employee and persisting despite the employee's
rejection of the advances.
How Do I Report Harassment?
If you believe you have been subjected to or have been witness to unlawful harassment - because of sex,
age, race, color, national origin, religion, sexual orientation, marital status, veteran status, disability,
genetic information, or any other membership in a protected class, you must report it immediately, so it
can be quickly and fairly resolved. You must report the matter to:
• Your supervisor/manager OR
• Your Area Coach OR
• Human Resources (HR@borderfoods.com)
You do not have to report unlawful harassment to your supervisor/manager if you believe he/she is
discriminating or harassing you or if you feel uncomfortable reporting it to that person for any other
reason. You can make your report of unlawful harassment to any of the individuals described above, and
you may verbally report or submit a written statement to any of the individuals described above.
Investigation of Complaints
All complaints of unlawful harassment that are reported as described above will be investigated. The
Company will promptly investigate the allegations. The Company will take reasonable measures to
maintain confidentiality to the extent possible without compromising the investigation. The investigation
will be completed, and a determination will be made and communicated to the employee who
complained, as well as to the person accused of harassment. If a complaint is substantiated, corrective
action and/or termination of employment will be taken against the harasser, whether the accused is a
co-worker, supervisor, manager, or executive.
Concern Resolution Process
If I have a problem or concern, including any concern relating to discrimination, harassment, or the
Company's Unlawful Harassment Policy, I agree to take the following steps:
Step 1: Contact my supervisor/manager. If my supervisor/manager cannot resolve the concern, or in
those cases where I believe that the concern cannot be raised with my supervisor/manager, then I
should proceed to Step 2.
Step 2: Contact my Area Coach.
Step 3: If that person cannot resolve the dispute, then I should proceed to Human Resources
(HR@borderfoods.com).
If at any time during the Concern Resolution Process,
• I feel that I cannot go to the designated person,

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 • do not have the contact information for the appropriate person,

• feel that the complaint is not being addressed appropriately, or

• I have not received a response within 10 days; I may call any other individual listed above in any
order.

Policy Against Unlawful Retaliation

The Company strictly prohibits and does not tolerate unlawful retaliation against any employee. All forms
of unlawful retaliation are prohibited, including any form of discipline, reprisal, intimidation, or other
form of retaliation for participating in any activity protected by law. Examples of activities which are
protected by law against retaliation include, but are not limited to:
• Lodging a good faith internal complaint (written or oral) with supervisor/manager, Area Coach or
the Human Resources Department specifically opposing unlawful discrimination or harassment
or complaining about violations of wage and hour law (for example, if an employee believes he
has been sexually harassed or not paid overtime he is owed).

• Filing a good faith complaint of unlawful discrimination or harassment with the US Equal
Employment Opportunity Commission (EEOC), or any other applicable state agency, or in court.

• Participating in the Company's internal investigation into allegations of unlawful harassment.

• Supporting another employee's internal or administrative complaint of unlawful discrimination

(by, for example, testifying or providing an affidavit in support of a co-worker who has filed a
discrimination complaint with the EEOC or any other applicable state agency.

• Filing a good faith complaint with the US Department of Labor (DOL), applicable state agency, or
in court about wage and hour violations or unfair pay practices or participating in a wage and
hour investigation or audit conducted by the DOL or other state or local administrative agency.

• Requesting an accommodation under the Americans with Disabilities Act, or any other
applicable state law.

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 • Requesting or taking leave under the Family and Medical Leave Act or other applicable state law
statutes regarding medical or family leave.

• Filing a workers' compensation claim.

The examples above are illustrative only, and not exhaustive. No form of retaliation for any protected
activity will be tolerated.
Complaint Procedure
If you are subjected to any conduct that you believe violates this policy, please take the following steps:
Step 1: Contact my supervisor/manager. If my supervisor/manager cannot resolve the concern, or in
those cases where I believe that the concern cannot be raised with my supervisor/manager, then I
should proceed to Step 2.
Step 2: Contact my Area Coach.
Step 3: If that person cannot resolve the dispute, then I should proceed to Human Resources
(HR@borderfoods.com).
If at any time during the Concern Resolution Process,
• I feel that I cannot go to the designated person,

• do not have the contact information for the appropriate person,

• feel that the complaint is not being addressed appropriately, or

• I have not received a response within 10 days.

I may call any other individual listed above in any order. The Company will ensure that an investigation is
completed in a timely manner.
Your complaint should be as detailed as possible, including the names of all individuals involved and any
witnesses. The Company will directly and thoroughly investigate the facts and circumstances of all
perceived retaliation and will take prompt corrective action, if appropriate.
Additionally, any manager or supervisor who observes retaliatory conduct must report the conduct to
the Human Resources Department immediately so that an investigation can be made, and corrective
action taken, if appropriate. Violations of this Policy
Any employee, regardless of position or title, whom the Company determines has engaged in retaliation
in violation of this policy, will be subject to discipline, up to and including termination of employment.
Administration of this Policy
The Human Resources Department (HR@borderfoods.com) is responsible for the administration of this
policy. If you have any questions regarding this policy or questions about retaliation that are not
addressed in this policy, please contact the Human Resources Department (HR@borderfoods.com). This
policy is not intended to restrict communications or actions protected or required by state or federal
law.

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Alcohol, Drug, or other Controlled Substances Policy
The Company recognizes that alcohol and drug abuse adversely affect job performance, the kind of work
an employee performs, and an employee’s opportunities for successful employment. It is the intent of
this document to provide employees with the Company's policy regarding the use of drugs and alcohol
while at work. The Company strongly believes that a drug- and alcohol-free workplace is in the best
interest of employees. This policy applies to all applicants for employment and to all employees including
contract or temporary employees. The policy is applicable at Company facilities or whenever employees
are performing Company business. This policy is intended to comply with applicable laws regarding drug
and alcohol testing and current and prospective employee privacy rights. Prohibitions
No employee shall report to work under the influence of alcohol, marijuana, controlled substances, or
other illegal drugs. If the employee is taking medication prescribed to the employee by a medical
professional or other over the counter medication in compliance with prescribed instructions and which
materially affects his/her alertness, coordination, reaction, response, judgment, decision-making, or
safety, the employee is under an affirmative duty to notify the appropriate supervisor of his/her
temporary inability to perform the job duties of his/her position.
No employee shall operate, use, or drive any equipment, machinery, or vehicle of the Company while
under the influence of alcohol, marijuana, controlled substances, or other mood-altering drugs. Such
employee is under an affirmative duty to immediately notify his/her supervisor that he/she is not in an
appropriate mental or physical condition to operate, use, or drive the Company's equipment. No
employee shall unlawfully manufacture, distribute, dispense, possess, transfer, or use a controlled
substance in the workplace or wherever the Company's work is being performed.
Employees may not possess for distribution, be under the influence of, use, sell, purchase, or distribute
illegal drugs or controlled substances (including alcohol) on Company property while on or off duty, as
evidenced by observed behavior. The Company also prohibits the use of illegal drugs or controlled
substances (including alcohol) during working hours, during rest breaks, lunches, or other meals.
Engaging in off-duty sale, purchase, transfer, use or possession of illegal drugs or controlled substances
may have a negative effect on an employee’s ability to perform his/her work for the Company and may
have a negative impression on the Company within the public domain. In such circumstances, the
employee may be subject to discipline, up to and including termination of employment.
The Company reserves the right to inspect its premises based on reasonable suspicion of a violation of
these work rules as set forth in the workplace searches section of this handbook. Violation of this policy
may result in disciplinary action, including possible separation of employment.
The Company may notify the appropriate law enforcement or regulatory agency when it has reasonable
suspicion to believe that an employee may have illegal drugs in his/her possession at work or on
Company premises.
Unless part of a Company sanctioned event where alcohol is served (employees must be of the legal age
to consume alcohol and employees are responsible for using good judgment) or the employee is
involved in entertaining Company clients which may include the consumption of alcohol within reason
and good judgment, employees are forbidden from consuming alcoholic beverages during lunch periods,
dinner periods, or breaks when returning immediately thereafter to perform work on behalf of the
Company. If the employee continues to conduct Company business after the intake of alcohol, he/she
will be subject to discipline up to and including termination of employment.

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Cannabis Policy
The object of Border Food's Cannabis Policy is to provide a Cannabis-free, healthful, and safe workplace
for all employees which complies with federal and state law. To promote these goals, employees are
expected to report to work in an appropriate mental and physical condition to perform their jobs in a
satisfactory and professional manner. Employees may be subject to disciplinary action, up to and
including termination, for violations of this Policy.
Violations of this Policy include, but are not limited to, possessing Cannabis at work; being under the
influence of Cannabis while working; using Cannabis while working; possessing Cannabis on Border
Foods property; or dispensing, distributing, or selling Cannabis during business hours or on Border Foods
work sites or premises.

Smoke-Free Workplace
Border Foods provides a smoke-free work environment. Smoking and the use of all tobacco-related
products, including but not limited to, smoking, the use of chewing tobacco and the use of e-cigarettes is
strictly prohibited in the workplace. Employees that observe other individuals smoking in the workplace
have a right to object and should report the violation to their supervisor or to another member of
management. Employees will not be disciplined or retaliated against for reporting smoking that violates
this policy.
Employees that violate this policy or who tamper with No Smoking signs may be subject to disciplinary
action, up to and including termination.

Company's Right to Search

Border Foods wishes to maintain a work environment that is free of illegal drugs, alcohol, firearms,
explosives, or other improper materials. To this end, Border Foods prohibits the control, possession,
transfer, sale, or use of such materials on its premises to the extent permitted by applicable law. We
require the cooperation of all employees in administering this policy.
Desks, lockers, and other storage devices are provided for the convenience of employees but remain the
sole property of Border Foods. Accordingly, they, as well as any articles found within them, can be
inspected by any agent or representative of Border Foods at any time, either with or without prior
notice.
In addition, to ensure the safety and security of employees and customers, and to protect our legitimate
business interests, we reserve the right to question and inspect or search any employee or other
individual entering or leaving company premises or job sites. The inspection or search may include any
packages or items that the individual may be carrying, including briefcases, handbags, knapsacks,
backpacks, shopping bags, etc.
These items are subject to inspection and search at any time, with or without prior notice. We also may
require employees to agree to a reasonable inspection of their personal property and/or person while on
the job or on the Company's premises. The individual may be requested to self-inspect their personal
property or person by displaying the contents of any packages and/or turning out their pockets, etc., in
the presence of a representative of the Company, typically a management employee of the same gender.
The Company will not tolerate any employee's refusal to submit to a search.

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Cash and Security Policy for Team Members
As a cashier, you will be responsible for large sums of money. Because of the important nature of your
job, the Company has created this Cash & Security Policy for your protection and ours. Read this policy
carefully and be sure you understand. Discuss any questions you have about this policy with your
manager.

Term definitions:

• MIC = Manager in Charge

• Cash Manager = BOH PC generated cashier reports
• Cash Sheet Report = a form used to record and document daily cash activity and deposits;
• DCE = Daily Control Envelope - an envelope form used to file cashier paperwork or to record and
document daily cash activity and cashier signatures - when / if Cash Manager is not available.
• Smart Safe = generic term for the Loomis / Tidel armored car safe.

Cash Drawer Operating Procedure:

1. You must begin with a clean register drawer.
2. Your name must be assigned to your specific register.
3. The money in your drawer must be counted prior to using the register.
4. Your count must agree with that of the MIC.
5. You are only to use the register drawer designated to you.
6. Do not permit anyone else to use your drawer.
7. Close the drawer after each transaction.
8. Once a guest's order is paid, only the MIC is authorized to make changes to the order.
9. Do not purposely delete menu items simply to re-enter them for consolidating orders.
Cash Drawer Operating Policies
• Never make change between drawers.
• Change is made only from the operating fund in the safe by the MIC.
• When guests have questions about their change, immediately call the MIC.
• Cashiers must void all coupons and keep them in the cash drawer until counted.
• Coupons MUST balance with the discounted/promo line on the closing tape for the register.
• Missing or non-voided coupons are a direct violation of this cash policy.
• Only the MIC may approve all manager meals and employee meals.
• The receipts for these meals must be retained in the cash drawer with two signatures, the
employee receiving the discounted meal and the manager who rang it up.
• Receipts must balance - the discounted amount on the closing tape for the cash register.
• Missing receipts or signatures on the receipts are direct violations of this cash policy.
• Complete only one transaction at a time.
• Never leave your cash or cash drawer open and unattended.
• Cashiers must notify the MIC to approve and verify the signatures on all travelers' checks. Follow
manual drop procedures for travelers' checks in Smart Safe restaurants.
• Any unauthorized use of a customer's credit card number is strictly prohibited.
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 • Credit card numbers must be protected.
• All notations of customer credit card numbers, other than the credit card receipt and summary
reports, must be promptly destroyed.
• Gift Card purchases with a credit card are limited to $50 per guest or group of guests. For
requests larger than $50, direct the guest to a local retailer offering Taco Bell Gift Cards. Credit
cards can be used for purchase only. No cash can be provided to the cardholder. Personal use of
credit cards, except for food purchases, is not allowed.
• All credit cards must be entered into the Secure Pay terminal. If unsuccessful, ask the guest for
another form of payment.
• Credit Card purchases that result in a full or partial refund must be refunded to the purchasers-
original credit card.
• Cash refunds for credit card purchases, full or partial, is prohibited.
• Lost / Found customer credit cards must be immediately placed into the lower portion of the
safe and communicated with the MICs. In these cases, credit cards must be held for twenty-four
hours, at which time the card must be cut up and discarded - by the MIC.
• Smart Safe restaurants ($5's and $1's must be cycled through the change fund by the MIC) - The
drop boxes must be emptied regularly, and the funds deposited into the Smart Safe.
• During non-peak periods, the drop boxes must be emptied, and the funds deposited into the
Smart Safe every two hours.
• For non-Smart Safe restaurants, for accepting and changing $50 and $100 bills, call the MIC.
• In all cases, following the cash-in-drawer policy above, most $50 bills and all $100 bills will need
to be changed by the MIC accessing the cash drop box. If you receive a smaller bill that you
suspect is counterfeit, call the MIC. If you have a bill in question, deposit it into Smart Safe, a
counterfeit bill will be rejected. If you need change, call the MIC.
• You personally count or observe your drawer being counted and returned to its assigned starting
amount.

For all restaurants - armored car and non-armored car - cashiers must drop all $20's, and excessive $10's
in the cash drop box associated with your cash drawer. All extra $5's and $1's should also be dropped.
The active cash in the drawer must not exceed more than $50 over your starting amount. For example, if
your drawer started at $150, you may not exceed $200.00.

For armored car restaurants: $50 or $100 bills, prior to the guest being served, deposit into the Smart
Safe, for security and to screen for counterfeit bills. Note, the Smart Safe bill acceptors will reject
counterfeit notes. But if a bill is rejected by the Smart Safe bill acceptors do not accept it. Note, it may
not be counterfeit, but do not accept it, give it back to the guest and request another form of payment.

For non-armored car restaurants: A counterfeit marking pen must be used on all $50 and $100 bills.
The same rules from #5 above apply if the bill does not pass through the marking. Drop boxes (nonSmart
Safe restaurants) are to be emptied regularly into the inaccessible portion of the safe and are always
emptied every two hours. All drops into the inaccessible portion of the Taco Bell safe should be secure
(in an envelope or bag) and entered into Cash Manager.

It is a violation of company policy to undercharge or pass food across the counter without payment. Any
such incident may result in immediate termination. If your drawer is more than 0.2% over or short, or it

24
is over 6.5% in deletions before total and/or .5% after total of your register's gross sales, you may be
subject to constructive discipline up to and including termination.

At any time, if you have more than a $10.00 overage or shortage in your register drawer per shift, you
may be subject to immediate termination.

Cash Policies and Procedures for Management

All management (GMs, AGMs, Shift Leaders) must follow all Taco Bell One Source Guidelines in
addition to following Border Foods Cash and Security Policies for Cashiers as outlined above.
Certified managers must provide training and coaching to ensure cashiers and team members
are well versed and follow Border Foods Policies. Violation of any of these policies may result in
immediate disciplinary action, up to and including termination.

Smart Safe = generic term for the Loomis / Tidel armored car safe. Taco
Bell Safe = generic term for the operating change safe fund.

• Where possible, all cash must be handled and counted in camera view and on the employee side
of the front counter. Cash cannot be counted in the customer areas.

• It is the responsibility of the MIC to secure all cash, in a locked cash drawer, a locked Taco Bell
safe or Loomis drop vault, or in a locked office. Leaving cash unattended and unsecured at any
time is a violation of policy and may result in immediate separation from the Company.

• The MIC must verify all cash register settlements and document properly in Cash Manager. If you
are a Smart Safe restaurant, all cash from the cashier’s drawer and drop box must be deposited
into the Smart Safe under their specific username.

• Manager register access codes must be concealed and never shared. Whenever a code is
compromised, it must be changed immediately.

• The MIC is responsible for making frequent checks of each register to ensure employees are
dropping cash properly and cash in the drawer does not exceed $50 me than the beginning,
assigned amount.

• The MIC must approve and verify signatures on all Travelers’ Checks. Restaurants may accept
only major brands of Travelers’ Checks. Some of these brands include American Express, Bank of

25
 America, Barclays, MasterCard, etc. The MIC may accept only Travelers’ Checks in United States
currency.

• The MIC must monitor all void receipts and deletions and ensure appropriate documentation
and explanation.

• Voids where a guest does not receive any money must include the original receipt and the over
ring receipt, both must be signed by MIC and Cashier, and attached to the Shift Close tape.

• Refunds used to refund a guest’s money must include the original receipt (if available), the
refund receipt – with MIC / cashier signatures, and a brief explanation. If the original receipt is
not available, that should be noted on the refund receipt. Attach the receipts to the
corresponding Shift Close tape.

• All void / refund POS steps must be completed immediately following the ringing mistake or
refund.

• Credit card refunds MUST be performed on the corresponding credit card. Cash refunds for
credit card purchases is prohibited.

Smart Safe and Taco Bell Change Safe Policies

• Only restaurant management is to have access to the Taco Bell safe.
• The initial cash audit each day must be for the full operating fund and entered into Cash
Manager, Safe Control and recorded on the DCE - this includes all cash drawers, the entire
change fund, (contents in lower and upper portions) of the Taco Bell safe. If the operating fund is
not verified, then both the departing and incoming manager will be held responsible for any
shortages.
• The opening MIC completes a full cash audit, be sure to check for funds in the Smart Safe vault,
and returns the monies to the Taco Bell safe, and coach the closing MIC on the correct
placement of funds. (From open until 10 p.m., all the operating funds are secured in the Taco
Bell safe).
• If the operating fund is not correct, the departing manager must contact the GM/Area Coach,
document the shortage in Cash Manager, and initiate an investigation. Note: All cash in the lower
safe is limited to $350. (Exception given if third drawer, $150 or $200 is held in the safe).
• High volume late night and 24-hour locations can hold up to $200 in the Smart Safe Vault to
accommodate late night change needs. Funds from the Smart Safe Vault must be placed into the
top of the Taco Bell safe after close of business or end of the business day.
• All Employees issued a safe key must be entered by name. Keys are to be immediately collected
and deleted upon suspension and/or termination by restaurant management. Safe access codes
must be audited once per period to ensure all users are current and assigned to the restaurant.

The Taco Bell safes are programmed as follows:

26
 • Inner door, referred to as door #2 is programmed for access from one hour prior to opening until
10:00 a.m.; 10:30 a.m. with AC approval. Door #2 must have a ten-minute time-delay.
• Outside door, referred to as door #1 is programmed for access from one hour prior to opening
until 10:00 p.m.; 11:00 p.m. with AC approval.

Note: Employees’ names in Cash Manager and the Smart Safe must match, the use of nicknames is
prohibited unless the employee’s name has been updated on the employees’ profile in Dayforce.

Smart Safe Delivery Policies:

• All restaurants must place their change order through the automated system with the bank.
• MIC must ensure the safe is secure after pick-up is completed.
• MIC must ensure the safe printer is stocked with paper.
• MIC must witness all driver pick-ups, and sign the safe report issued by the driver.
• MIC must verify that envelope drops are picked up/removed from safe when driver completes
pick up – Loomis only.
• MIC must verify change order when drop off occurs and ensure it is secured in the safe. Change
orders arrive in sealed bags. If the seal is broken, the MIC should not accept the bag. If an
unsealed bag is accepted, the MIC is responsible for any shortages.

MIC Must contact the Area Coach and Loss Prevention Manager immediately if:
• The scheduled armored car pick-up fails to occur.
• The Armored Safe Company drivers are not in full uniform and/or do not present identification
when arriving in the restaurant to complete pick-ups.
• There is any security breach by couriers (i.e., cash left on front counter unattended, etc.)
• Any other change order issues, such as not delivered or delivered to the wrong location, and any
change order shortages, MIC on duty at the time of delivery must be sure to include the change
order verification number and/or a copy of the manifest.
• The Smart Safe or Taco Bell Safe is inoperable, and unable to be used as intended. Search the
words “broken safe” in Manager Zone for detailed trouble shooting instructions.

In certain circumstances, such as Tidel safe failure, or when a deposit is required to be made at
another location or taken to a bank. The MIC must follow the policies below for whenever funds are to
be transported:

• The MIC must always disguise the transporting of funds. The MIC is to drive to the drive-thru
window and have an employee hand the bank bag or deposit bag enclosed in a paper bag
through the window to the MIC waiting in the car.
• At least one deposit must be deposited for the prior business. This deposit must be made prior
to 11:00 a.m. If, for any reason the deposit is not prepared, completed, or not transported to the
bank by 11:00 a.m. – the Area Coach must be immediately contacted directly, by the MIC

27
 • The MIC must ensure all bank bags or drop bags are sealed before removing cash from the
location when making a deposit.
• The manager making the deposit must record and verify the deposit amount on the DCE Deposit
Section. The MIC that transports the deposit must initial the DCE as well. If there is a
discrepancy, Report discrepancies to the Area Coach and LP Manager immediately.
• No deposits are to be made, or funds transported after dark, without the permission of the Area
Coach or Region Coach.

Keys and Combination Control – General Manager Responsibility

• The General Manager is responsible for safe keys, safe codes, restaurant keys, drop box keys,
working drop boxes, and distribution and to ensure overall restaurant compliance with all
security policies and procedures. Spare keys must be secured in a locked key box in the office
area or in the Taco Bell Safe.

• Every MIC / Shift Runner must have their own complete set of keys. Keys are never shared and
must always be on the manager’s person at all times. Locations are prohibited from having
“Store Keys” that can unlock perimeter Door locks, drawers, lockboxes, or any other locked item
which could contain cash.

• All restaurant door locks must be changed immediately if a key is lost or not recovered.

Border Foods Scam Prevention Policy

A scam, or confidence trick, is an attempt to defraud a person or group after first gaining their
trust. Confidence tricks exploit victims using a combination of the victim's credulity, naïveté,
compassion, vanity, confidence, irresponsibility, and greed. Intending to further voluntary
exchanges that are not mutually beneficial", as they "benefit con operators ('con men') at the
expense of their victims.

Border Foods would never ask for restaurant funds to be used in any manner to deposit, wire,
transmit funds, or purchase gift cards.

No one is authorized to remove cash from the restaurant to deposit, wire, or purchase
gift cards, to anyone under any circumstances. If you are asked to over the phone hang
up immediately and contact your area coach.

If you provide any funds or property to a scam-caller your employment with Border
Foods will be terminated.

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Manipulation Policy
The manipulation of corporate funds and inventory is prohibited and includes, but is not limited to, the
following:

• “Borrowing” from the deposit, change fund or cash register.

• Under, over, or non-ringing of sales or ingredients or other cash register manipulation.

• Any attempt to conceal cash shortages by intentionally altering amounts known in the restaurant
reports or paperwork.

• Borrowing or sale of any products or equipment for personal gain.

• Any attempt to conceal inventory shortages by intentionally altering inventory quantities or

amounts on restaurant reports or paperwork.

• Short-changing customers.

• Cashing personal or payroll checks with company funds.

Tip Policy
Border Foods does not have a procedure for assigning tips as declared income, per IRS laws.
Therefore, accepting tips is not an acceptable practice for any Border Foods employee. Tender
cash payments immediately and place cash into the register drawer. When guests offer tips with
comments like, "keep the change", "this if for you", "a tip for you and your team" - politely tell
them thank you, but you cannot accept a tip. Cash overages on assigned cash drawers is a
violation of cash policy and may lead to disciplinary action, including termination. Cash placed in
an employee’s pockets is not permitted and may lead to termination.

Employee Meal Policy

Employee Meal Discounts and Manager Meal Discounts are intended for active scheduled Employees
only. Scheduled Team Members, Shift Leaders, Assistant Mangers, and General Managers are entitled to
100% meal discounts while working on their shift or when evaluating their restaurant. Extending the
manager meal policy (i.e., 100% meal discounts) is for special circumstances/recognition only. All
exceptions must be noted on the meal slip and signed by the Employee and the MIC.

• The Company 20% discount is intended for any "off-duty" Employees who present a Company ID
card or current check stub.

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 • The senior discount - 10% - is available for seniors on request only. Other circumstances may
apply.
• Discounted manager and Employee meals must not exceed $10 dollars.
• Manager and Employees are not permitted to prepare their own food. (Exception is for
Marketing Window Training).
• The MIC is responsible for discounting all manager meals. Manager meals can be entered into a
kiosk.
• Meal Discounts can be used during a meal break, one hour before or one hour after a scheduled
shift. Discounted meals are to be ordered and tendered prior to consumption.
• Discounted meals are to be ordered and tendered at the front register - the exception is after
11:00 p.m. when the dining room closes.
• Manager Meals on the drive thru register prior to 11:00 p.m. should be for Customer Reply Cards
/ Customer Mania only.
• One Employee meal per discount slip - that must include the MIC and Employee signatures. All
meal slips must be signed and attached to the corresponding shift close tape.
• Manager Meal discounts are not used to cover the cost of wasted menu items, returned food
from a guest, food champion mistakes, or “drive-offs.” it is prohibited to ring in multiple “side of”
ingredients for meals.
• 100% manager meal discounts are also used for tendering Customer Reply Cards - which must be
attached to the meal slip and signed by the guest and MIC / Cashier.
• Sharing POS Passwords for the purpose of ringing in meal discounts is not permitted.
• All meal policy privileges are subject to change at the Company's discretion i.e., due to financial
and operational performance.

Safety and Security Policies

• Two people are required to open the restaurant each morning. One person needs to remain at a
point some distance from the opening door. The second person enters and inspects the building
and if safe, signals to the other person. That way one person can call for help should a robber
accost the opening Employee.

• 15 to 30 minutes prior to closing inform all guests that they may order “to go” or will need to
leave at Dining Room closing time.

• Lock the Dining Room doors at closing. Guests are no longer allowed to stay in the restaurant
after closing.

• Lock the drive-thru windows between all transactions after the lobby has been locked.

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 • No Employee is to exit the restaurant at any time after the dining room has closed for any reason
except to go home. (Exceptions due to restaurant configurations are to be made by the Area
Coach or Region Coach.)

• No one is allowed in the restaurant alone; except for mall/gas station locations where other
workers are present.

• No Employees are to remain in the restaurant when they are not on duty unless authorized by
the General Manager.

• Only closing Employees can be anywhere in the restaurant at any time after closing.

• All closing Employees must leave the restaurant.

• Only Company Employees with valid identification, an authorized city official with valid ID, or an
authorized vendor are allowed behind the front counter or anywhere in the “back of the house”
of a restaurant.

• Any person who claims to be a Company Employee will be required to show picture
identification and present a Company business card to the MIC before entering the back of the
restaurant. Any person claiming to work at another Company restaurant (whether in uniform or
not) must give the MIC his/her restaurant number or location and the telephone number of
his/her restaurant to the MIC. The MIC must call and verify the information immediately before
allowing the person to enter the back of the restaurant.

Back Door Policy

• Ensure the back door and window are operable and self-closing, and that both are in good
condition.
• The back door to the restaurant is always locked.
• The back door should be opened only to receive deliveries and remove trash during daylight
hours.
• No one is to open the back door when dark under any circumstance, including early morning.
• Trash is to be taken out after dark only through a dining room door and only up to one hour
before the Dining Room closes, but not after 9pm.
• Never take out trash at closing and never drop trash off at dumpster as Employees are leaving.
• The back door should never be opened after dark.

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Alarm Systems
• Alarm Codes for newly hired Managers (completing training and assigned to a home restaurant),
and internally promoted Managers (to SL) – must be accompanied by a successful criminal
background check from Human Resources.

• Alarm codes are not to be shared, in the event one is shared – examples include an emergency
that requires a change in immediate management coverage or last-minute management
coverage arranged after normal business hours or on a weekend – a request for changing the
shared code must be made the next business day.

• Issue an alarm code to everyone on the management team. Each manager and/or key holder
must be issued a separate code.

• All Managers must be trained on security testing procedures.

Driver Policy
The Company requires some employees to drive in different capacities depending on their position or
various required tasks. E mployees may be authorized to drive (Authorized Driver) based on the
following:

• Employees who are required to drive for job-related tasks.

• Employees who are required to drive on a limited basis for required job tasks.
• Employees who are not required to drive as part of their required job tasks but may have been
requested to or volunteered for a task involving driving a personal vehicle.
• All authorized drivers are required to be at least 18 years of age and submit a Restaurant Driver
Agreement or ARL & Office Driver Agreement form depending on their position.
• Any employee driving a Company vehicle, or Company paid rental vehicle for business purposes
will be required to have a valid driver’s license, pass a Motor Vehicle Record (MVR), and sign the
applicable Driver Agreement form.

Your driving is a direct reflection of you and the Company. We cannot list rules to cover every situation,
and employees are expected to use good judgment with respect to the use of Company or personal
vehicles while driving on Company business.

In general, the following applies to employees covered under this policy:

• Authorized drivers shall, always, follow safe driving practices.

• Authorized drivers must possess a valid and current driver’s license for the state they currently
reside in. Any authorized driver who has his or her driver’s license revoked or suspended while
employed by the Company must immediately notify his or her supervisor and discontinue

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 operation of the Company vehicle; or discontinue use of personal vehicle for Company business
purposes.
• Seat belts must always be used by all occupants of the vehicle.
• Inattentive driving is prohibited, (including texting, or talking on a cell phone), and hands-free
devices are required for phone calls while driving on Company business.
• All traffic and parking violations are considered personal and any fine or ticket must be paid by
the authorized driver.
• No one may operate a vehicle for Company business while under the influence of alcohol, illegal
drugs or prescription drugs that specifically caution against operation of a motor vehicle. No
open alcoholic beverages or illegal drugs allowed in vehicles.
• All accidents, regardless of severity, must be reported immediately to your supervisor and the
Safety & Risk Department (riskdept@borderfoods.com), and when necessary, the police.
• Personal items that are stolen or damaged while driving for Company business are not insured
by the Company. Any such loss is the responsibility of the employee suffering the loss.
• Company property that is stolen as a result of employee failure to secure such items may result
in employee being financially responsible for loss.
• No unauthorized riders (such as hitchhikers) are allowed while driving on Company business.

Failure to follow any of the conditions noted in this policy may result in discipline, including transfer to a
position not requiring driving, up to and including separation from employment with the Company.

Electronic Device and Computer Usage

The Company is committed to maintaining the integrity of its confidential and proprietary information
and preventing unauthorized access to the Company's information.

Restaurant Recording Policy

The use of any type of camera, video, or other recording device, including cell phone cameras is strictly
prohibited during Employees' working time, while in work areas, or while otherwise conducting the
business of the Company. Further, employees are prohibited from recording or photographing any
information related to customers, vendors, or suppliers, or any confidential or proprietary information of
the Company. Exceptions to this policy include customers' personal photos and for business activities
pre-approved by the Area Coach. Notwithstanding the foregoing, nothing in this policy shall be deemed
to prohibit employees from exercising their right to engage in protected concerted activity under the
National Labor Relations Act.
Taco Bell Public Affairs must be informed immediately if anyone is observed in violation of this policy,
including news media. All media inquiries should be directed to Taco Bell Public Affairs at (949) 8633915.
Further information on this topic can be found in One Source.

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Computer Network

The Company's computer network includes but is not limited to all fileservers, computers, printers,
scanners, hubs, communications servers, fax servers, e-mail systems, Internet services, modems, and any
other equipment attached by cable or telecommunications equipment or service. The network consists
also of all data contained therein or on any removable media, including copies and original software
media and documentation. Any message or file created, stored, and/or sent using the Company's
computer network is the property of the Company. Therefore, employees should have no expectation of
privacy in any message, file, or software that is created, stored, sent, or retrieved using Company
equipment or the Company's computer network.

E-Mail Use
The Company encourages the use of e-mail because it makes communication more efficient and
effective. However, because messages sent by employees using the Company's electronic resources
reflect on the Company, employees must use the Company's e-mail in a proper and productive manner.
The following guidelines have been established for employee use of e-mail. Any improper use of e-mail
will not be tolerated.
Employees are responsible for the content of all text, audio, or images that they place or send over the
Company's e-mail system. All messages communicated on the Company's e-mail system should contain
the sending employee's name. It is impermissible to send communications that conceal the sender's
identity, such as the use of aliases or anonymous re-mailers.
All messages created, sent, or retrieved over the Company's e-mail system is the property of the
Company and should be considered public information. The Company reserves the right to access and
monitor all messages and files on its e-mail system. In addition, the Company may access messages that
have been "deleted" by employees.
No information should be sent via personal email; everything for the company should be sent via
company email if you have access to a @borderfoods.com account.
Unacceptable Uses of Company E-Mail
The Company's e-mail may not be used for transmitting, retrieving, or storing any communications of a
discriminatory or harassing nature, or materials that are obscene or pornographic. Communications that
are derogatory or inflammatory based on race, gender, age, disability, religion, national origin, sexual
orientation, or any other protected class status shall not be transmitted, created, forwarded, or printed.
No abusive, profane, or offensive language is to be transmitted through the Company's e-mail system.
Full Social Security numbers must not be transmitted via electronic media. Company practice is to use
the last four digits, if necessary, for identification purposes. Electronic media may also not be used for
any other purpose that is illegal, against the Company's policy or contrary to the Company's best
interest. Solicitation of non-Company business or any use of the Company's e-mail for personal gain is
prohibited, as are communications that disclose confidential or proprietary Company information.
Etiquette
Restaurant e-mail box sizes are restricted and therefore we need to limit the size and quantity of emails.
Confirmation and "thank you" e-mails are not necessary. Reply only if additional information is needed.

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E-Mails sent from Office to Restaurants
For the above stated reasons, collaborate with the department head before sending e-mails from the
office to the restaurants. The department head will assist in decision making about the relevance,
importance, size, and attachments. For example:
If you have files that need to be distributed to all restaurants, they can be posted on the Intranet w/an
announcement and link for the restaurant to easily navigate.
E-Mails sent from Restaurants to Home Office
All e-mails sent to the home office must be approved by the Area Coach.

Restricted Access
Access to the Company’s computer network and its components will be granted only to employees who
need access in order to perform their assigned job duties. Unauthorized use of the Company’s equipment
or unauthorized access to restricted information is strictly prohibited.
Password Security
Ensure security of your passwords and the passwords of other computer users. You are responsible for
the electronic transactions of your ID and Password. The following practices will promote password
security:
• Do not share passwords with anyone.
• If someone else knows your password, you are responsible for changing it.
• Never leave a computer without signing off.
• Respect the privacy of other users when they sign on with a password.
• Only the person who is signed on may use a computer that is secured by passwords.
• Refuse to sign on using another person’s password.
• If you become aware of someone else’s password, insist that the unsecured password be reset.
• Avoid choosing a password that is obvious or short like names, initials, or repetitive numbers.
• Never write your password down.
• All above store leaders and office staff must be using 1Password as a password manager. Log into
1Password everyday. An account is provided to everyone at that level by Border Foods.
o Follow all the rules and guidelines with that system.
o Passwords managed by 1Password should be randomly generated at when possible 20
characters long.
o Passwords should not be stored in any other method, including, but not limited to
browser, on paper, or spreadsheets.

• Choose no shorter than a ten-character password with numeric and alphabetic characters.
• All vendor-supplied defaults must be changed.
Software
Most commercially available software programs are protected by copyrights that generally prohibit
copying or other reproduction of the software, except for backup or archival purposes. Violations of
software licensing agreements and copyright violations, whether or not intentional, are contrary to the
Company’s standard of conduct. If the Company believes that an employee is acting in a manner which is

35
contrary to this policy or Company interests, the Company may, without notice to the employee, decide
to investigate such activities, including a review of any software or related documents and data.
Employees found making copies of software for unauthorized reasons are subject to disciplinary action
and may be subject to civil and criminal penalties, including fines and imprisonment.
To prevent viruses, all file storage devices coming in from the outside (for example, documents from
customers or other companies) must be checked for viruses before installation.

Company Electronic Equipment Usage

All Company electronic equipment, including Surface/Laptop, should always be kept in the protective
case and in a secure place when not in use. At no time should any Company electronic equipment be left
unattended in the dining room.
Lost, stolen, or damaged Company electronic equipment due to negligence on the part of any employee
may result in disciplinary action. All damage or loss of any Company electronic equipment, regardless if it
is due to negligence, accidental, or normal use must be reported immediately to the Area Coach,
Technology (technology@borderfoods.com), and Share Tech at 651-389-4357.
Managers should not take the Surface/Laptop out of the restaurant unless directly told to by an Above
Restaurant Leader for a meeting or another task. Surface/Laptops are a restaurant asset, not personal
property.
Internet Usage and Related Communications
Except when protected by law, access to the Internet is restricted to use for Company business purposes.
Employees should have no expectation of privacy in any use of the Internet services provided by the
Company.
Employees with access to the Company's Internet service are expected to act in a professional business
manner. Access to and utilization of the Company's Internet network for non-business purposes, such as
entertainment, shopping, gambling, to support a private business, or for personal e-mail is expressly
forbidden.

Cybersecurity
This policy is in place to proactively protect the Company’s critical systems and sensitive information
from digital attacks. It is designed to address threats against networked systems and applications,
whether these threats originate from inside or outside the Company. Information security is managing
risks related to information confidentiality, integrity, and availability using administrative, physical, and
technical controls. The following practices must be followed:
• All users must log off/sign off/screen lock machine when leaving their machines. This includes
but is not limited to Laptops, Surfaces, and Desktops.
• All Above Restaurant Leaders, Office Staff, are required to complete bi-monthly Security
Awareness Training. This will be provided by Border Foods via a link in email and users have one
month to complete this training.
• All visitors to both Restaurants and Office must be documented. ID must be checked, and they
need to sign into the Vendor/Visitor log.
• All confidential information must be stored in a secure manner.
36
 • The use of password management software provided by the Company for all above restaurant
leaders and office staff. See Password Security Policy.
In addition, with the rapidly evolving pace of Cybersecurity updates, changes to this policy will be
communicated as needed and must be adapted as required.

Social Media
The Company has policies and codes of professional conduct that we uphold regardless of the mode of
communication. What you say and how you say it can be seen as a direct reflection on the Company. The
Company prohibits inappropriate internet usage that may violate any Company policies or practices,
including, without limitation: postings on blogs; comments; e-mail via internet-based e-mail services;
message boards; chat rooms; social networking sites including, without limitation: Facebook, Instagram,
Snapchat, Twitter, TikTok, or YouTube; postings of inappropriate pictures and videos on Internet
websites; comments to news articles or other Internet postings; communications sent on a smart phone,
or mobile phone with a camera; or communications sent, received or stored on a laptop computer.
Except when protected by law, no employee may create or maintain any personal Internet posting during
work hours. The use of Company computer networks (or other Company-provided devices) to create or
maintain Internet postings, even outside of work hours, is strictly prohibited.
You may not blog or comment "on behalf" of the Company unless you have specific authorization to do
so. Employee-identified authors of personal postings and blogs are expected to use a disclaimer that
makes it clear that your views expressed are yours alone and do not necessarily reflect those of the
Company. The following is disclaimer language to be used with all postings and blogs created by
employees of the Company which directly reference the Company or may relate to topics associated
with the Company:
"All views expressed on my blog (or comment) are my personal opinions and do not necessarily
represent the views of my employer or its clients."
Even if this disclaimer is used, please be aware that any posting may be seen to be representing the
Company. As you know, how we treat each other is fundamental to the Company's philosophy;
therefore, Company policy requires that employees do not post blogs or comments that may be
harassing or that may disclose confidential or other information in any manner that may harm the
Company or any vendors, customers, or employees. If you are not certain of whether a comment is
appropriate, consider whether a vendor, customer, or employee would feel offended if you made the
comment directly to them.
Nothing in this policy is intended to preclude or dissuade employees from engaging in activities
protected by state or federal law, including the National Labor Relations Act, such as discussing wages,
benefits or terms and conditions of employment.
Violations
Any employee who engages in improper computer or electronic device use detailed in this policy will be
subject to corrective action up to and including separation of employment. If necessary, the Company
reserves the right to advise appropriate officials of any illegal activity.
See the Security and Acceptable Use Policy posted on the Company portal for more details.

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Safety
The Company seeks to provide a safe and healthy work environment for all employees. Safety in the
workplace depends on the personal commitment of each employee. You are expected to correct or
report to your supervisor or manager in charge any unsafe conditions you encounter, and you are
required to comply with any safety procedures established by the Company.

Workers’ Compensation
The Company offers workers' compensation coverage for all employees to provide certain benefits for
injuries suffered in connection with employment. Consult your supervisor if you have specific questions
regarding workers' compensation coverage.
Work Related Injuries
If you are injured on the job, you must report the injury immediately to the manager in Charge. This
prompt notification is required so that the Company can seek appropriate treatment for you if required
and comply with its obligations to report work-related injuries.
Work Related Injuries - Manager Requirements
Company policy requires that any time an employee reports they are injured/hurt at work, that injury
must be immediately reported to the triage line following the incident or by end of shift at the latest
with the employee present. No matter how big or small the alleged injury/incident, the injury must be
reported. If an employee chooses to take no action or states to be fine, the injury must still be reported
to the triage line. Even though the employee may seem or tell you he/she is fine at the time, employees
often seek medical treatment later for the injury they previously reported. As there are very specific
reporting requirements, that injury/incident should be reported to triage line as soon as we are made
aware of the fact whether or not the employee plans to seek treatment.
If an employee wants to file a WC (work comp) claim, that is their right. Never prohibit an employee’s
attempt to do so. Preventing an employee's right to file a WC claim will result in disciplinary action up to
and including termination of employment. It is both illegal and against Company policy not to allow an
employee to report an alleged work-related injury. Allow them to file the claim, and if there is reason to
question the claim, let your ARL and Safety and Risk Manager know the reason(s) why you question the
claim. Contact your Safety and Risk Manager at (Riskdept@borderfoods.com) with any information.
Return to Work Policy
We believe that the best approach to controlling costs is to keep workplace injuries and illnesses from
occurring. We are committed to utilizing our resources to provide a safe work environment for everyone.
We have developed a plan and process designed to help injured employees receive prompt medical
attention and recovery assistance. This plan is called the "Return to Work" program and includes a team
effort involving the injured employee, the treating health provider, the worker's compensation carrier
and Company management.
When incidents do occur, it is in everyone's best interest that injuries are properly managed. We will
work with the treating physician to develop a modified duty assignment for a recovering employee.
We will make every effort to provide transitional work intended to facilitate a return to regular work
duties as soon as medically feasible. These positions may be offered at any location or any
department/shift, so we can accommodate. All accommodations for physical restriction requests must
be submitted to the Safety and Risk Department (Riskdept@borderfoods.com).

38
Failure to report for work at any of the designated times or places may affect your wage loss benefits
and/or re-employment rights. This policy is not intended as a guarantee of the continuation of benefits
or rights.
Our employees are our greatest assets, and we are committed to providing prompt, high-quality medical
care and returning injured employees to full gainful employment as soon as is medically feasible. To
demonstrate this commitment, our goals and objectives of this plan are:
• To offer every employee the opportunity to return to work promptly following an occupational
injury or illness based on his/her capacity to perform productive work.

• To make every attempt to accommodate all employees recovering from a workplace injury with
designing modified duty assignments, with the intent to be temporary by moving towards full
duty assignment.

• To expect every employee to perform his or her role and responsibilities of this plan, when
performing transitional work for the injury/illness recovery phase, and to be held accountable
for his or her performance.

• To utilize the healthcare provider network through PMA Insurance Company as much as possible
when treating occupational injuries or illnesses.
We believe that this managed care program helps to speed the recovery process by smoothing the
transition back to full duty, whenever possible. Every person wins with this type of plan. The Company
retains productive people and minimizes costs, and the employees are better able to return sooner and
avoid long-term disabilities affecting their careers.
The Company requires that every effort be made to accommodate physical restrictions and return an
injured employee to the workplace as soon as medically possible. If you are unable to identify modified
duty work for any employee, please contact the Safety and Risk Manager to discuss alternatives prior to
advising the employee, medical provider, or adjuster of the Company ability to accommodate the given
restrictions. All accommodation for physical restriction requests must be submitted to the Safety and
Risk Manager.

Vacation Policy for Team Members and Shift Leaders

Team Members and Shift Leaders will be awarded vacation time upon the annual anniversary of their
first day of employment with the Company. Employees shall receive an annual vacation benefit in an
amount equal to the average number of hours that the employee worked in the preceding year not to
exceed 40 hours of vacation per year. The States (Minnesota, Illinois, Michigan, and Montana) that
require mandatory sick and safe time will have varying vacation and PTO policies to adhere with state
and local laws. Those policies will be outlined in the state supplement.

39
Shift Leaders with 2 years of service or more shall receive an annual vacation benefit in an amount equal
to two times the average number of hours that the employee worked in the preceding year not to
exceed 80 hours of vacation per year.
Vacation time will be calculated at the employee's hourly rate as of the date the employee takes
vacation. All vacation time must be used during the applicable year for which it was granted. Vacation
time cannot be taken before it is earned. Vacations must be scheduled in accordance with restaurant
staffing requirements and must be approved in advance by the employee's supervisor. The Company will
try to accommodate an employee's requests to take vacation, but reserves the right to deny vacation
requests based on such factors as restaurant operations, availability for coverage, other employees'
vacation schedules, etc.
Separation from Employment:
Earned but not used vacation time for the fiscal year will be paid to the employee at the employee's final
hourly rate of pay in the following circumstances:
a. Voluntary Separation or Lay-off and;
b. Dated and signed written notice received by the RGM or ARL a minimum of two weeks in
advance of the last day of employment.
c. A minimum of two weeks' notice must be worked.
d. Vacation, Sick or Holiday pay cannot be used to satisfy any of the notice.
The use of vacation and/or sick time cannot cause the total combination of hours worked and any time
off benefit (sick, vacation, holiday) to exceed 40 hours in a week.

Vacation for AGM, GM, ARL, and Office

Recognizing the benefit of vacation to employees, the Company provides an annual vacation award to all
regular full-time AGMs, GMs, MITs, ARLs and Office employees hereafter referred to in this policy as
"Eligible Employees". Part-time Office employees are not eligible for a vacation award. The States
(Minnesota, Illinois, Michigan, and Montana) that require mandatory sick and safe time will have varying
Vacation and PTO policies to adhere with state and local laws. Those policies will be outlined in the state
supplement.
The number of vacation days available to be earned in a fiscal year is based on years of service per the
following schedule:

40
Employees rehired with less than a six-month break in service will be eligible to earn vacation based on
their original hire date. Employees rehired with a break in service of six or more months will earn
vacation as a new hire.

How Vacation Works:

1. Vacation is awarded per the above schedule on a fiscal year basis, beginning Day 1 Period 1 and
ending the last day of Period 13.
2. Accrual rates are calculated based on a 26-pay period payroll calendar.
3. Vacation time can be taken before it is earned up to a maximum of 50 hours at any given time, only
with supervisor approval. To help assess the business needs, the vacation will need to be approved by
an Above Restaurant Leader, in addition to the GM.
4. Vacation time is earned only while actively working. It is not earned while on any approved leave of
absence such as, but not limited to Short-term or Long-term Disability. (See Leaves section of the
handbook for more information).
New Hires:
In the first year of employment, new hires receive a pro-rated portion of the annual vacation benefit
based on date of hire and number of pay checks remaining. New hires have a ninety (90) day wait period
before becoming eligible to use any vacation time. New hires begin earning vacation on their date of hire
at the two week (100 hours) earning rate, and again, are not eligible to take vacation until after the
ninety-day waiting period.
Separation from Employment:

1. Earned but not used vacation time for the accrual year will be paid to the employee at the
employee's final hourly rate of pay in the following circumstances:
e. Voluntary Separation or Lay-off.
f. Dated and signed written notice received by the GM or ARL, a minimum of two weeks in
advance of the last day of employment.
g. A minimum of two weeks' notice must be worked.
h. Vacation, sick, or holiday pay cannot be used to satisfy any of the notice.
In other words, an employee is not eligible for vacation pay upon termination if he or she is terminated
involuntarily. An employee who voluntarily quits will not be paid any vacation balance unless a written
two-week notice, signed and dated, is given, and worked out in its entirety.

41
2. Used but not earned vacation time will be deducted from the employee's final paycheck, in
accordance with applicable laws.
Vacation Rollover:
The Company will allow up to one (1) week of vacation rollover from the previous fiscal year. Any
vacation subject to rollover must be used during the subsequent fiscal year.
Vacation Advancement
The Company does not advance vacation from a future year.
Family and Medical Leave (FMLA) and Short-Term Disability (STD)
During an approved FMLA or STD leave, you may use any accrued vacation, PTO, or sick time to cover
those time periods that are unpaid. The employee is responsible for informing his or her Supervisor and
Human Resources in advance of such leave whether he or she wants to use vacation, PTO, or sick time
for unpaid time.
Military Service:
An employee's annual two-week military training obligation does not count against vacation time. Please
refer to the Military Leave Policy for more information.
Status Changes (Promotions and Demotions)
If an employee is promoted from Team Member/Shift Leader to AGM and GM positions, he or she will
keep his or her earned but not used vacation time.
As of the pay period that includes the promotion date, the employee will begin earning "Eligible
Employee" vacation benefits. The vacation benefit is not allowed to exceed the maximum annual
vacation benefit for which the employee is eligible. Other Vacation Time Notes:

1. If a recognized holiday occurs during an approved vacation, the holiday time is not counted as vacation
time.

2. Vacation time should be requested as far in advance as possible, preferably at least four (4) weeks.

3. Vacation requests are approved at the discretion of the Supervisor/Department Head to assure
adequate staffing for the current work requirements.

4. Balances reflected on the HR self-service portal (Dayforce) reflect the previous pay period and may not
include any vacation hours used in the current pay period.
As with all its policies, the Company reserves the right to revise or discontinue this policy with or
without prior notice.

Sick Pay
AGMs, GMs, ARLs and Office Employees are eligible for sick pay when they are absent from work due to
illness. Border Foods policy will be void, if a sick and safe time law is in place in a state per state
supplement.
Sick days are to be used for illness, not for additional vacation time. Border Foods will follow all sick and
safe laws per each state requirement, if applicable. The Company requires that employees taking sick
days follow the attendance policy. The attendance policy requires communicating absences directly to
the supervisor no later than 2 hours before their regularly scheduled start time.

42
As discussed in the attendance policy, the Company reserves the right to request written documentation
of the reason for your absence depending upon such factors as the length of your absence and/or your
attendance record. An unacceptable attendance record may result in disciplinary action, including the
possibility of separation of employment.
Sick time is awarded at the beginning of each fiscal year, or upon hire/promotion. Any employee in their
first year of employment will receive a prorated sick amount based on an accrual of 2.5 hours per pay
period for all remaining pay periods in the fiscal year. Sick time cannot be used before it is earned or
awarded. Unused sick days may not be carried over into the next fiscal year and employees will not be
paid for unused sick days upon separation of employment.

Paid Holidays
The Company recognizes the following holidays for its AGMs, GMs, ARLs and Office Employees: New
Year's Day, Labor Day, Memorial Day, Thanksgiving Day, July 4th, and Christmas Day.
If an AGM, GM, ARL, or Office employee works on a recognized holiday they may take an additional paid
day off in the same pay period that the holiday falls into, subject to approval from his or her immediate
supervisor.
An immediate supervisor will consider factors such as staffing, meeting restaurant labor goals, etc. when
determining approval. Eligible employees cannot receive pay in lieu of not taking a paid holiday. Holiday
pay will not be paid for individuals on a leave of absence. Holiday pay cannot be used to satisfy any
notice of a voluntary quit.

Bereavement

AGMs, GMs, ARLs and Office Employees are eligible for Bereavement leave. Eligible employees are
allowed up to three (3) consecutive days off from regularly scheduled duty with regular pay in the event
of the death of an "immediate family member" and one (1) day off for a non-immediate family member.
An "immediate family member" is defined as:

One day paid bereavement leave may be granted, with Supervisor approval, to attend the funeral of
family members other than those listed above. Examples of this family category include Aunt, Uncle,
Cousin, Niece, and Nephew. Time off without pay may be granted, with Supervisor approval to attend
the funeral of individuals other than those listed as immediate or non-immediate family members. With
approval, the employee may take this time without pay or use vacation time. Sick time cannot be used
for bereavement leave purposes. Eligible employees are allowed up to four hours of bereavement leave

43
to attend the funeral of a fellow employee provided such absence from duty will not interfere with
normal operations of the Company. To be eligible for pay under this provision, the employee must attend
the funeral of the deceased employee. The Company reserves the right to request documentation of the
need for bereavement leave.

Notice of HIPAA Privacy Practices

This notice describes how medical information about you may be used and disclosed and how you can
get access to this information. Please review it carefully.
The privacy regulations of the Health Insurance Portability and Accountability Act (HIPAA) became
effective April 14, 2003. These federal regulations require covered entities, such as health plans, to
provide plan participants with a notice of privacy practices describing the health-related information that
is collected, how it is used, and the ways in which the regulations permit it to be disclosed. These privacy
notices also provide information on a participant’s right to access, review and, if necessary, to have this
information amended.. “We,” “us”, and “Plan” refer to all the health benefit plans and programs
presented herein. “Plan Sponsor” refers to your employer. ‘’You” or “yours” refers to individual
participants in the Plans. Protected Health Information, PHI is information that may identify you and that
relates to past, present, or future health care services provided to you, payment for health care services
provided to you, or your physical or mental health or condition. Your employer Plan is required by law to
take reasonable steps to ensure the privacy of your personally identifiable health information and to
inform you about: The Plan’s uses and disclosures of Protected Health Information (PHI); Your privacy
rights with respect to your PHI; The Plan’s duties with respect to your PHI; Your right to file a complaint
with the Plan and to the Secretary of the U.S. Department of Health and Human Services; and The
person or office to contact for further information about the Plan’s privacy practices. The term
“Protected Health Information” (PHI) includes all individually identifiable health information transmitted
or maintained by the Plan, regardless of form (oral, written, electronic). We are required by the Health
Insurance Portability and Accountability Act (HIPAA) to: Maintain the privacy of your PHI; Provide you
with certain rights with respect to your PHI; Provide you with this Notice of our legal duties and privacy
practices regarding your PHI; and Abide by the terms of this Notice as it may be updated from time to
time. We protect your PHI from inappropriate use or disclosure. Our employees and those of our
Business Associates are required to protect the confidentiality of PHI. They may look at your PHI only
when there is an appropriate reason to do so, such as to determine coordination of benefits or services.
We will not disclose your PHI to anyone for marketing purposes.
Uses and Disclosures of PHI
Primary Uses and Disclosures of PHI: The main reasons for which we may use and may disclose your PHI
are in order to administer our health benefit programs effectively and to evaluate and process requests
for coverage and claims for benefits.
The following describe these and other uses and disclosures together with some examples:
Treatment*: Treatment refers to the provision and coordination of health care by a doctor, hospital, or
other health care provider. We may disclose your PHI to health care providers to provide you with
treatment. For example, we might respond to an inquiry from a hospital about your eligibility for a
particular surgical procedure.
Payment*: Payment refers to our activities in collecting premiums and paying claims for health care
services you receive. We may use your PHI or disclose it to others for these purposes. For example, if you
had insurance coverage from a spouse’s employer, we might disclose your PHI to the other insurer to

44
determine coordination of benefits or services. Payment also refers to the activities of a health care
provider in obtaining reimbursement for services. We may disclose your PHI to a provider for this
purpose.
Health Care Operations Purposes* -
1. We may use your PHI or disclose it to others for quality assessment and improvement activities.
2. We may use your PHI or disclose it to others for activities relating to improving health or
reducing health care costs, development of health care procedures, case management, and care
coordination.
3. We may use your PHI or disclose it to others for the purpose of informing you or a health care
provider about treatment alternatives.
4. We may use your PHI or disclose it to others for the purpose of reviewing the competence,
qualifications, or performance of health care providers, or conducting training programs.
5. We may use your PHI or disclose it to others for accreditation, certification, licensing, or
credentialing activities.
6. We may use your PHI or disclose it to others in the process of contracting for health benefits or
insurance covering health care costs.
7. We may use your PHI or disclose it to others for purposes of reviewing your medical treatment,
obtaining legal services, performing audits, or obtaining auditing services, and detecting fraud
and abuse.
8. We may use your PHI or disclose it to others in our business management, planning, and
administrative activities. As an example, we might use your PHI in the process of analyzing data
about treatment of certain conditions to develop a list of preferred medications.
Business Associates: We contract with various individuals and entities (Business Associates) to perform
functions on behalf of the Plans or to provide certain services. To perform these functions, our Business
Associates may receive, create, maintain, use, or disclose PHI, but only after we require the Business
Associates to agree in writing to contract terms designed to safeguard your PHI.
Plan Sponsor: We and our Business Associates may also disclose PHI to the Plan Sponsor without your
written authorization in connection with payment, treatment, or health care operations purposes or
pursuant to a written request signed by you. Such disclosures may only be made to the individuals
authorized to receive such information. If PHI is disclosed to the Plan Sponsor for these purposes, the
Plan Sponsor agrees not to use or disclose your health information other than as permitted or required
by the Plan documents and by law.
Other Covered Entities: your employer (including the insured plans) together are called an “organized
health care arrangement”. The Plans may share PHI with each other for the health care operations
purposes of the organized health care arrangement.
*The amount of health information used, disclosed, or requested will be limited and, when needed,
restricted to the minimum necessary to accomplish the intended purpose, as defined under the HIPAA
rules.
Other Possible Uses and Disclosures of PHI
In addition to using and disclosing your PHI for treatment, payment, and health care operations
purposes, we may (and are permitted) to use or disclose it in the following circumstances:
To Persons Involved in Care and for Notification Purposes: We may disclose PHI to a family member,
relative, close friend, or any other person identified by you, provided that the PHI is directly relevant to

45
that person’s involvement with your care or payment related to your care. In addition, we may use or
disclose PHI to notify a member of your family, your personal representative, or another person
responsible for your care of your location, your general condition, or your death.
Regarding Abuse, Neglect, or Domestic Violence: In certain circumstances, we may disclose your PHI to
a government authority that is authorized to receive reports of cases of abuse, neglect, or domestic
violence.
To Coroners, Medical Examiners, and Funeral Directors: We may disclose PHI to coroners and medical
examiners for the purpose of identifying a deceased person, determining a cause of death, or other
purposes authorized by law. We may disclose PHI to funeral directors to enable them to carry out their
duties.
For Public Health Activities: We may disclose PHI to public authorities for the purpose of preventing or
controlling disease, injury, or disability. Under some circumstances, when authorized by law, we may
disclose PHI to an individual who is at risk of contracting or spreading a contagious disease or condition.
We also may disclose PHI to appropriate parties for the purpose of activities related to the quality,
safety, or the effectiveness of products regulated by the U.S. Food and Drug Administration. To Avert a
Threat to Health or Safety: We may, under certain circumstances, disclose PHI to avert a serious threat
to the health or safety of a person or the general public.
Organ and Tissue Donations: We may, under certain circumstances, disclose PHI for purposes of organ,
eye, or other medical transplants or tissue donation purposes.
To Comply with Workers’ Compensation Laws: We may disclose your PHI to the extent necessary to
comply with laws relating to Workers’ Compensation or other similar programs.
For Law Enforcement and National Security Purposes: In certain circumstances, we may disclose PHI to
appropriate officials for law enforcement purposes; for example, if it is required by law or legal process.
In addition, we may disclose your PHI if you are or were armed forces personnel or to authorized federal
officials for conducting national security and intelligence activities.
In Connection with Legal Proceedings: In certain cases, we may disclose PHI in connection with the legal
proceedings of courts or governmental agencies. For example, we may disclose your PHI in response to a
subpoena for such information but only after certain conditions required by HIPAA are met. For Health
Oversight Activities: We may disclose PHI to a governmental agency authorized by law to oversee the
health care system, compliance with civil rights laws, or government benefit. Health oversight activities
include audits, inspections, investigations, or legal proceedings.
Military Personnel: If you are in the armed forces, we may disclose your PHI for activities that military
authorities consider necessary to the accomplishment of a mission.
Inmates: If you are incarcerated, we may disclose your PHI to appropriate authorities who tell us they
need it for your health care, your safety, the health or safety of other persons, or general administrative
purposes.
Research: Under certain circumstances, we may disclose PHI for research purposes.
Health Information: We may contact you with information about treatment alternatives and other
health-related benefits and services.
As Required by Law: We may disclose your PHI when required to do so by federal, state, or local law.
Required Disclosures of PHI
The following is a description of disclosures we are required by law to make:

46
Disclosures to the Secretary of the U.S. Department of Health & Human Services: We are required to
disclose your PHI to the Secretary of the U.S. Department of Health and Human Services when the
Secretary is investigating or determining compliance with HIPAA.
Disclosure to You: We are required to disclose to you most of your PHI. We will also disclose your PHI to
an individual whom you have designated as your personal representative. However, before we can
disclose your PHI to such a person, you must submit a written notice of his/her designation along with
documents supporting his/her qualification (such as a power of attorney). In limited situations HIPAA
permits us to elect not to treat the person as your personal representative if we have reasonable belief
that it could endanger you.
Other Uses and Disclosures of Your PHI with Authorization
Other uses and disclosures of your PHI that are not described above will be made only with your written
authorization. You may revoke an authorization at any time by providing written notice to us. We will
honor a request to revoke as of the day it is received and to the extent that we have not already used or
disclosed your PHI in reliance on the authorization. To obtain an Authorization for the Release of
Information, call the Human Resources Department. You may revoke an authorization by contacting the
Health Information Privacy Officer identified at the end of this Notice.
Your Rights
Right to Request Restrictions on Uses and Disclosure
You may ask us to restrict uses and disclosures of your PHI for treatment, payment, or health care
operations purposes, or to restrict disclosures to family members, relatives, friends, or other persons
identified by you who are involved in your care or payment for your care, or to restrict disclosures for
notification purposes. However, we are not generally required to comply with your request for
restrictions except in those situations where the requested restriction relates to the disclosure to the
Plan for purposes of carrying out payment or health care operations (and not for treatment), and the PHI
pertains solely to a health care item or service that was paid out of pocket in full. You may exercise this
right by contacting the Health Information Privacy Officer identified at the end of this Notice who will
provide you with additional information including what information is required to make a restriction
request.
Right to Inspect, Copy, and Amend Your PHI
As long as we maintain records containing your PHI, you have a right to inspect and copy such
information. These rights are subject to certain limitations and exceptions. For example, if the requested
information contains psychotherapy notes or may endanger someone, it may not be available. You may
request a review of any denial to access. If the Plan keeps your records in an electronic format, you may
request an electronic copy of your health information in a form and format readily producible by the
Plan. If you believe your PHI held and created by us is incorrect or incomplete, you may request that we
amend your PHI. You will be required to provide the reason the amendment is necessary. Requests for
access to your PHI or amendment of your records should be in writing and directed to the Health
Information Privacy Officer identified at the end of this Notice.
Right to a List of Disclosures
You have a right to an accounting of certain disclosures of your PHI by us. The accounting will not include
those items which are not required to be provided such as disclosures made at your request or
disclosures made for treatment, payment, or health care operations. A request for a list of disclosures
should be directed to the Health Information Privacy Officer identified at the end of this Notice.

47
Right to Request Confidential Communications
We will accommodate a reasonable request by you to receive communications from us by alternative
means or at an alternative location if you believe that disclosure of your PHI could pose a danger to you.
For example, you may request that we only contact you by mail or at work. Requests for confidential
communications should be in writing and directed to the Health Information Privacy Officer identified at
the end of this Notice.
Right to be Notified of a Breach
You have the right to be notified in the event that we (or a Business Associate) discover a breach of
unsecured PHI.
Right to Receive Paper Copy
You have the right to receive a paper copy of this Notice from the Plan upon request even if you have
previously agreed to receive copies of this Notice electronically. Requests for a paper copy should be in
writing and directed to the Health Information Privacy Officer identified at the end of this Notice.
Changes to this Notice
We reserve the right to change the terms of this Notice and to make the new Notice provisions effective
for all PHI we maintain. If we change this Notice, you will receive a new Notice. Active employees will
receive the Notice by distribution in the workplace; inactive employees (including retirees) will receive
the Notice by mail.
Complaints: If you believe that your privacy rights have been violated, you may complain to us in writing
at the location described below under “Health Information Privacy Officer’’ or with the office for Civil
Rights of the Department of Health and Human Services, Hubert H. Humphrey Building, 200
Independence Avenue SW, Washington, DC 20201. You will not be retaliated against for filing a
complaint.
Health Information Privacy Officer: You may exercise the rights described in this Notice by contacting
the office identified below, which will provide you with additional information.
We support your right to protect the privacy of your medical information. We will not retaliate in any
way if you choose to file a complaint with us, the carriers, or Third-Party Administrators listed above, or
the Department of Health and Human Services directly.

• REQUEST FOR ACCOUNTING

• RECORD OF DISCLOSURES
One SOURCE
• FILING A COMPLAINT
• QUESTIONS

48
 Privacy Officer – Sharla Hennek
Border Foods
5425 Boone Ave N
Border Foods Companies Privacy Officer New Hope, MN 55428 763-489-2960
shennek@borderfoods.com

Privacy Officer
Medica Administrative Services
Medica/Medical Plan 401 Carlson Parkway
Minnetonka, MN 55303

If you are concerned that we have violated your privacy

rights, or you disagree with a decision we have made about
access to your records, you may contact the address listed
below. You may also send a written complaint to the U.S.
Department of Health and Human Services.
Delta Dental / Dental Plan

Delta Dental
P.O. Box 9304
Minneapolis, MN 55440-9304

EyeMed Vision Care

EyeMed Vision Care/ Vision Plan 4000 Luxottica PL
Mason, OH 45040

Privacy Officer
WEX Health
5050 Lincoln Dr.
WEX/ Health Care Spending Account STE 100
Edina, MN 55436

Verification of Employment/References

Our verification partner, Experian, provides all employment and income verifications for all current and
former employees of the Company. The information is available instantly, 24 hours a day, 7 days per
week. Please contact our verification service at www.experianverify.com. This is the only way to verify
employment or income for Company employees. Assistance with the website can be obtained by calling
Customer Service, but no verifications may be obtained via phone, fax, or email. Requests from
government verifiers made directly to the Company will be forwarded to Experian Verify and could take
longer to complete. Experian Verify Customer Service 404-382-5400.

Employee Assistance Program

Border Foods provides an employee assistance program (EAP) at no cost to employees and their families.
This counseling program is available 24 hours a day, seven days a week. It is a confidential, safe, and

49
easy-to-use resource. EAP counselors will help employees clarify their concerns, assess their situation,
and identify options to help them resolve problems.
Employees can access the EAP at http://rsli.acieap.com using Company Code: RSLI859 or calling (855-
775-4357). Employees who have questions about the EAP should contact Human
Resources (HR@borderfoods.com). . Employees who have questions about the EAP should contact
Human Resources (HR@borderfoods.com).

Return of Company Property

Any Company property issued to you, such as computer equipment, software, promotional materials,
Company documents, keys, company cars, gas card, cell phone, calling card, company credit card,
security pass card, etc. must be returned to the Company at the time of your dismissal or resignation, or
whenever it is requested by a member of management. If you fail to do so, the Company may pursue
legal action.

Reinstatement

Former employees are not eligible for rehire if they fail to give the expected notice, fail to work out the
notice period as agreed upon with their Manager, or if they are terminated involuntarily for cause (i.e.:
performance or misconduct reasons). All rehires and transfers must have prior approval from the General
Manager, Area Coach, and Home Office.

PCI/PII Security and Acceptable Usage

The Company is committed to maintaining the integrity of its confidential and proprietary information
and preventing unauthorized access to the Company's information.
These policies apply to all full and part time employees of the Company, and any personnel contracted to
perform function within the properties owned or managed by the Company. Paper and Electronic Media
Storage The storage of any Payment Card Information (PCI) in any format is strictly prohibited, any
documentation that contains sensitive Personal Identifiable Information (PII) must remain secured and
only accessed by authorized personnel.
Any paper and electronic media that contains PCI or PII must be secured. All media that does or could
contain PCI or PII information must be physically secured when not in use. Physical security should be
robust enough to stop a reasonable person from gaining access. Paper and electronic media may include:
Any hardcopy media that is not electronic that is human readable, this can be paper, plastic, or any other
media that have, could or still do contain PCI or PII information. Any electronic media that is not human
readable includes optical media, soft magnetic media, or hard drives that have, could or still do contain
PCI or PII information.
A documented inventory of all material that does or could contain PCI or PII information must be
maintained and secured in the home office of the Company. This documentation should also contain the
date of the disposal of the material. Any physical media (paper, optical media, soft magnetic media, or

50
hard drives) that contained or could contain PCI or PII information must be securely destroyed. This
should be certified by either an approved destruction vendor or the Technology Department head. Usage
Policy for Critical Technologies Approval for usage is passed from the Technology Department to the
Managers of the individual units to determine who is authorized to access both the back-office computer
as well as the point-of-sale terminals. Each device must have a unique user access code assigned to the
users. Users are prohibited from sharing or allowing the use by another individual their personal access
codes for either the back-office computer or point of sale equipment. The inventory of the critical
devices is maintained in the home office as well as the implementation department of Taco Bell. These
devices include the secure pay terminals, back-office computers, and the point-of-sale terminals.
The inventory should include location, make, and model of the device. The devices are identified by their
position within the restaurant; the back-office computer is in the office, the point-of-sale terminals are
on the front counter or in the drive thru areas. All secure payment terminals will be inspected for signs of
tampering or modification by the MIC at least once per day (ideally, during opening procedures). Secure
payment terminals will be inspected following the procedures provided by Taco Bell. The MIC will record
the results of the inspection on the tracking log. Additionally, all secure payment terminals will be
checked to confirm the device has not been replaced without authorization. The MIC should check the
exterior of the device for signs of replacement, including presence of labels or other decals; unusual
marks or other physical characteristics; and verification that the serial number matches the records. All
personnel and specifically restaurant management should be aware of any changes that may be made to
payment terminals, specifically: Verify the identity of any third-party persons claiming to be repair or
maintenance personnel, prior to granting them access to modify or troubleshoot devices.
Do not install, replace, or return devices without verification. Being aware of suspicious behavior around
devices (for example, attempts by unknown persons to unplug or open devices). Report all suspicious
behavior to appropriate personnel (for example, GM, Area Coach, Home Office, and/or Taco Bell Help
Desk). Report tampering or substitution of devices. The only acceptable use of the critical equipment is
for the management, sale of products, and training of restaurant personnel located within a particular
restaurant and are an employee of the Company or have been given authority for training by the
Company. The only permitted location for critical equipment is in the restaurant the equipment is
assigned, or in a secure spare parts storage facility as identified by the Company.
The approved products are identified and maintained by Taco Bell. Only those products that have been
identified by Taco Bell are allowed for use in the restaurants. All vendor connections are managed by
Taco Bell and fall under the service provider assessment for Taco Bell. Session disconnections are not
applicable, as the Company does not have the ability to remotely connect to their critical systems.
Cardholder Data Access is only allowed in a one card at a time situation for the payment of merchandise
using approved point of sale equipment as provided by Taco Bell for use by the Company. Third Parties
and Third-Party Agreements PCI or PII data can only be shared with approved service providers such as
the acquiring banks or Taco Bell, providing they have a business need for such information.
There are no other authorized methods of accepting card payments. Due to the scope of the cardholder
data environment, any detected tampering or substitution of secure payment devices will be
immediately reported to the Company's management and the appropriate help desk. By using the secure
payment devices, the Company does not have any cardholder data stored either electronically or in
physical form (hard copy reports); nor does the Company have access to the cardholder data before it is
encrypted for transmission to the bank. The Company will report any suspected breaches of the secure
payment devices that could have exposed cardholder data to the appropriate help desk.

51
Personal Data Changes
To better assist employees and/or their families in the event of personal emergencies, the Company
needs to maintain up-to-date contact information. Maintaining accurate information in our files is also
important for recordkeeping, payroll, and benefits-related purposes.
Changes in name, address, telephone number, marital status, number of dependents, next of kin and/or
beneficiaries should be updated in Dayforce.

Confidential Company Information

The Company's confidential and proprietary information is vital to its current operations and future
success. Each employee should use all reasonable care to protect or otherwise prevent the unauthorized
disclosure of such information.
In no event should employees disclose or reveal confidential information within or outside the Company
without proper authorization or purpose.
"Confidential information" refers to a piece of information, or a compilation of information, in any form
(on paper, in an electronic file or otherwise), related to the Company's business that the Company has
not made public or authorized to be made public, and that is not generally known to the public through
proper means.
Confidential or proprietary information includes, but is not limited to, non-public information regarding
the Company's business methods and plans, databases, systems, technology, intellectual property, know-
how, marketing plans, business development, products, services, research and development, inventions,
financial statements, financial projections, financing methods, pricing strategies, customer sources,
employee health/medical records, system designs, customer lists and methods of competing.
Additionally, employees who have the following information by virtue of the performance of their job
responsibilities should not disclose such information for any reason, except as required to complete job
duties, without the permission of the employee at issue: Social Security numbers, driver's license or
resident identification numbers, financial accounts, credit or debit card numbers, and security and access
codes or passwords that would permit access to medical, financial or other legally protected information.
Confidential information does not include information lawfully acquired by non-management employees
about wages, hours or other terms and conditions of employment, if used by them for purposes
protected by Section 7 of the National Labor Relations Act, such as joining or forming a union, engaging
in collective bargaining, or engaging in other concerted activity for their mutual aid or protection.
Confidential Information also does not include conduct that was, or that an employee reasonably
believes to be, illegal; conduct that is recognized as against a clear mandate of public policy; or the
existence of a non-confidential settlement involving any such conduct.
Nothing in this Employee Handbook prohibits an employee from communicating with any governmental
authority or making a report in good faith and with a reasonable belief of any violations of law or
regulation to a governmental authority, or disclosing confidential information that the employee
acquired through lawful means in the course of their employment to a governmental authority in
connection with any communication or report, or from filing, testifying or participating in a legal
proceeding relating to any violations, including making other disclosures protected or required by any
whistleblower law or regulation to the Securities and Exchange Commission, the Department of Labor or
any other appropriate government authority.
Further, employees are hereby notified that, under the 2016 Defend Trade Secrets Act (DTSA):

52
 • No individual will be held criminally or civilly liable under federal or state trade secret law for the
disclosure of a trade secret (as defined in the Economic Espionage Act) that:
o Is made in confidence to a federal, state, or local government official, either directly or
indirectly, or to an attorney, and made solely for the purpose of reporting or
investigating a suspected violation of law; or
o Is made in a complaint or other document filed in a lawsuit or other proceeding, if such
filing is made under seal so that it is not made public; and
• An individual who pursues a lawsuit for retaliation by an employer for reporting a suspected
violation of the law may disclose the trade secret to the attorney of the individual and use the
trade secret information in the proceeding, if the individual files any document containing the
trade secret under seal, and does not disclose the trade secret, except as permitted by order in
that proceeding.

Conflicts of Interest
While we acknowledge that employees may have pursuits separate from their work at the Company,
such endeavors cannot compete with or conflict with an employee's job duties and responsibilities at the
Company. To further explain an employee's obligations to avoid conflicts of interest, a conflict of interest
may arise, for instance, when an employee has a financial or other interest that could interfere with the
employee's job duties with the Company or when an employee uses their position with the Company for
personal gain. Each employee of the Company is required to ensure that they and their family members
do not improperly benefit personally from the employee's position as an employee for the Company.
Employees must conduct themselves in such a way as to avoid actual or potential conflicts of interest.
The following are examples of prohibited conflicts of interest in any aspect of their jobs:
• Acting as a director, officer, consultant, agent or employee of a supplier, customer, competitor or
any entity that engages in business with the Company;
• Owning a material interest in or being a creditor of or having other financial interest in a
supplier, customer, competitor or any entity that engages in business with the Company;
• Receiving from or giving to any supplier, customer or competitor gifts, gratuities, special
allowances, discounts or other advantages not generally available to employees of the Company;
• Having any significant direct or indirect personal interest in a business transaction involving the
Company;
• Conducting outside activities that materially detract from or interfere with the full and timely
performance of an employee's services for the Company; or
• Influencing commercial transactions involving purchases, contracts or leases in a way that would
have a negative impact on the Company or its business.
If an employee finds that they have, or are considering the assumption of, a financial interest or an
outside employment relationship that might involve a conflict of interest, or if the employee is in doubt
concerning the proper application of this policy, they should promptly discuss the matter with Border
Foods and refrain from exercising responsibility on the Company's behalf in any manner that might
reasonably be considered to be affected by any adverse interest.
Failure to disclose the fact of a conflict or potential conflict may constitute grounds for disciplinary
action.

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This policy in no way prohibits employee affiliations, activities or communications that are protected
under applicable state and federal laws, including but not limited to any activity that is protected under
Section 7 of the National Labor Relations Act, which includes the right of employees to organize
collectively and to speak with others about their terms and conditions of employment.

Outside Employment
The Company respects each employee's right to engage in activities outside of employment such as
those that are of a personal or private nature, to the extent that such activities do not create a conflict of
interest as described in the Conflicts of Interest policy set forth in this Handbook or adversely affect the
employee's ability to perform their job.
Under certain circumstances, if an employee's personal conduct begins to adversely affect their
performance on the job or begins to make it impossible for them to carry out any or all of their job
duties while at work, appropriate disciplinary action up to and including termination of employment may
be appropriate.
An example of an activity that might adversely affect an employee's ability to perform their job duties is
outside employment. While the Company does not prohibit employees from holding other jobs, the
following types of outside employment are prohibited:
• Employment that conflicts with the employee's work schedule, duties and responsibilities or
creates an actual conflict of interest;
• Employment that impairs or has a detrimental effect on the employee's work performance with
the Company;
• Employment that requires employees to conduct work or related activities during work time for
the Company or using any of the Company's tools, materials or equipment; and
• Employment that directly or indirectly competes with the business or the interests of the
Company.
For the purposes of this policy, self-employment is considered outside employment.
The Company will not assume any responsibility for employees outside employment. Specifically, Border
Foods will not provide workers' compensation coverage or any other benefit for injuries occurring from,
or arising out of, such outside employment.

Background Checks
The Company recognizes the importance of maintaining a safe, secure workplace with employees who
are qualified, dependable, and nonviolent, and who do not present a risk of serious harm to their
coworkers or others. To promote these concerns and interests, the Company reserves the right to
investigate an individual's prior employment history, personal references, and educational background,
as well as other relevant information. Consistent with legal or contractual requirements, the Company
also reserves the right to obtain and review an applicant's or employee's criminal conviction record and
related information, and to use such information when making employment decisions, but only to the
extent permissible under applicable law.
A pending criminal matter may be considered in appropriate circumstances for business-related reasons,
consistent with applicable law.
The Company is an equal opportunity employer and will comply with applicable federal, state, and local
laws relating to the use of background checks for employment purposes. All background checks will be

54
conducted in strict conformity with the federal Fair Credit Reporting Act (FCRA), applicable state fair
credit reporting laws, and state and federal antidiscrimination and privacy laws.

Workplace Violence
The safety and security of employees is of vital importance to Border Foods. Therefore, Border Foods has
adopted a zero-tolerance policy concerning workplace violence. Threats or acts of violence will not be
tolerated. Violations of this policy by an employee will result in disciplinary action, up to and including
termination from employment.
The prohibition against threats and acts of violence applies to all persons involved in the operation of
Border Foods, including, but not limited to, company employees and other personnel, temporary
workers, consultants, contractors, customers, vendors, visitors, and anyone else on the Company's
premises.
Workplace violence is any intentional conduct that is sufficiently severe, abusive, or intimidating to cause
an individual to reasonably fear for their personal safety or the safety of their family, friends and/or
property such that employment conditions are altered or a hostile, abusive or intimidating work
environment is created for one or several employees.
Workplace violence includes, but is not limited to:
• Threats or acts of violence occurring on company premises, regardless of the relationship
between the parties involved in the incident.
• Threats or acts of violence occurring off company premises involving someone who is acting in
the capacity of a representative of Border Foods.
• Threats or acts of violence occurring off company premises involving an employee if the threats
or acts affect the business interests of Border Foods.
• All threats or acts of violence occurring off company premises, of which an employee is a victim,
if we determine that the incident may lead to an incident of violence on company premises; and
• Threats or acts of violence resulting in the conviction of an employee or agent of Border Foods,
or an individual performing services for Border Foods on a contract or temporary basis, under
any criminal code provision relating to violence or threats of violence when the act or conviction
adversely affects the legitimate business interests of Border Foods.
Examples of conduct that may be considered threats or acts of violence under this policy include, but are
not limited to:
• Threatening physical contact directed toward another individual.
• Threatening an individual or their family, friends, associates, or property with harm.
• The intentional destruction or threat of destruction of Border Foods property or an individual's
property.
• Menacing or threatening phone calls.
• Stalking.
• Veiled threats of physical harm or similar intimidation; and
• Communicating an endorsement of the inappropriate use of firearms or weapons.
Workplace violence does not refer to workplace arguments or debates that are zealous or impassioned,
provided there is no resort to any form of coercion. Discussions about legitimate sporting activities,

55
popular entertainment or current events are not considered workplace violence when there is no threat
of violence being directed to the workplace or any individual connected with it. Rather, workplace
violence refers to behavior that demonstrates an intention to engage in violence, condones violence in
our workplace or targets any individual with acts or threats of violence.
Employees should help maintain a violence-free workplace. To that end, employees are encouraged to
immediately report any incident that violates this policy to a supervisor or Human Resources
(HR@bordersfoods.com).
No provision of this policy statement alters the at-will nature of employment with Border Foods. The
Company will make the sole determination of whether and to what extent threats or acts of violence will
be acted upon by Border Foods. In making this determination, the Company may undertake a caseby-
case analysis in order to ascertain whether there is a reasonable basis to believe that workplace violence
has occurred.

Disability and Accommodation

To comply with applicable laws ensuring equal employment opportunities for individuals with
disabilities, Border Foods will make reasonable accommodations for the known physical or mental
limitations of an otherwise qualified individual with a disability who is an employee or applicant for
employment unless undue hardship and/or a direct threat to the health and/or safety of the individual
or others would result.
Any employee who requires an accommodation in order to perform the essential functions of their job,
enjoy an equal employment opportunity and/or obtain equal job benefits should contact Human
Resources (HR@borderfoods.com) to request such an accommodation. Human Resources will
communicate with the employee and engage in an interactive process to determine the nature of the
issue and what, if any, reasonable accommodation may be appropriate. In some cases, this interactive
process may be triggered without a request from the employee, such as when the Company receives
notice from its own observation or another source that a medical impairment may be impacting the
employee's ability to perform their essential job functions.
Employees who believe they need accommodation must specify, preferably in writing, what barriers or
limitations prompted the request. The Company will evaluate information obtained from the employee,
and possibly their health care provider(s), regarding any reported or apparent barriers or limitations and
will then work with the employee to identify possible accommodations, if any, that will help to eliminate
or otherwise address the barrier(s) or limitation(s). If an identified accommodation is reasonable and will
not impose an undue hardship on the Company and/or a direct threat to the health and/or safety of the
individual or others, the Company will generally make the accommodation, or it may propose another
reasonable accommodation that may also be effective. Employees are required to cooperate with this
process by providing all necessary documentation supporting the need for accommodation and being
willing to consider alternative accommodations when applicable.
Border Foods will also consider requests for reasonable accommodations for medical conditions related
to pregnancy, childbirth and lactation supported by medical documentation and/or as required by
applicable federal, state, or local law.
Employees who wish to request unpaid time away from work because of a qualifying disability should
speak to Human Resources (HR@borderfoods.com) regarding the proposed accommodation. The

56
Company will not retaliate or otherwise discriminate against an employee or applicant who requests
accommodation in accordance with this policy.

Use of Company Equipment and Resources Handbook Statement

Company Equipment
When using company property, employees are expected to exercise care, maintain the property in a safe
working order, and follow all operating instructions, safety standards and guidelines.
Employees should notify their supervisors if any equipment, machines, or tools appear to be damaged,
defective or in need of repair. Prompt reporting of damage, defects and the need for repairs could
prevent deterioration of equipment and possible injury to employees or others. Employees who have
questions about their responsibility for maintenance and care of equipment or used on the job should
consult their supervisor or Human Resources (HR@borderfoods.com).
All employees are expected to comply with all local, state, and federal laws while operating company
vehicles and other equipment. Border Foods may discipline employees who engage in unlawful conduct.
Company Resources
Border Foods has significantly invested in telephone lines, fax machines, photocopiers, and other types
of business equipment, internet access; and software that are vital to keeping our operations flowing
smoothly and effectively. The Company's resources are limited and, except as provided in the Electronic
Resources policy in this Handbook, should be used for business transactions only and not for personal
use, unless explicitly authorized by a supervisor.

No Solicitation/Distribution of Literature
Border Foods has established the following rules applicable to all employees and nonemployees that
govern solicitation, distribution of written material and access to company property:
• Employees may engage in solicitation activities only during non-working times. No employee
may engage in solicitation during their working time or during the working time of the employee
or the employees at whom such activity is directed.
• Employees may distribute or circulate any written or printed material only in nonwork areas,
during nonworking times. No employee may distribute or circulate any written or printed
material in work areas at any time, or during their working time or during the working time of
the employee or employees at whom such activity is directed.
• Nonemployees are not permitted to solicit or to distribute written material for any purpose on
company property.
• Off-duty employees are not permitted in work areas.
Strict compliance with these rules is required.
As used in this policy, "working time" includes all time for which an employee is paid and/or is scheduled
to be performing services for Border Foods; it does not include break periods, meal periods or periods in
which an employee is not performing and is not scheduled to be performing services or work for Border
Foods.

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This policy in no way prohibits employee affiliations, activities or communications that are protected
under applicable state and federal laws, including but not limited to any activity that is protected under
Section 7 of the National Labor Relations Act, which includes the right of employees to organize
collectively and to speak with others about their terms and conditions of employment.

Separation from Employment

Employees of Border Foods are employed on an at-will basis, except where state law disallows at-will
employment. This means that employment may be terminated by either party at any time, with or
without cause or notice, except in Montana. Nothing in this policy is intended to limit or alter the at-will
nature of employment.
Employees may leave Border Foods for a variety of reasons. Regardless of the reason, we strive to ensure
that all separations from employment are handled fairly, efficiently and in compliance with applicable
federal and state laws.
Reasons for termination include, but are not limited to, the following:
Voluntary Termination
A voluntary termination means an employee has made the decision to end the working relationship with
Border Foods. Voluntary resignations include, but are not limited to, written or verbal resignation,
retirement (more fully discussed below) and job abandonment. An employee is considered to have
abandoned their job if they fail to return to their job within 3 days and have not notified the company of
their intention to resign.
Employees who voluntarily leave Border Foods are encouraged to provide their supervisor with a
minimum of two weeks' notice, in writing, in order to allow a reasonable amount of time to transfer
ongoing work. Upon resignation, an employee must return all keys, uniforms, credit cards, or other
company-issued property.
Employees in good standing who retire or resign from their positions may be eligible for re-hire.
Involuntary Termination
An involuntary termination occurs when Border Foods decides to end the working relationship with an
employee. Involuntary terminations may occur for cause or for reasons other than cause.
Involuntary terminations "for cause" include, but are not limited to, terminations for violating company
policy, misuse or theft of resources, falsification of information, excessive absences/tardiness, or
unsatisfactory work performance.
Involuntary terminations for reasons "other than cause" include, but are not limited to, a reduction in
the workforce.
Pay and Benefits Upon Termination
Final wages will be paid in accordance with applicable law.

Upon termination of employment (voluntary or involuntary) access to all Border systems will be removed
within 24 hours of termination and will be audited.
Time Off and Leaves of Absence
Border Foods recognizes that employees benefit from time away from work for a variety of reasons - all
of which contribute towards a positive work-life balance for our employees. Therefore, Border Foods
provides time off - both paid and unpaid - to eligible employees for the following situations:
• Holidays;

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 • Vacation;
• Sick Leave;
• Personal Leave;
• Family and Medical Leave;
• Military Leave;
• Jury and Witness Duty Leave;
• Voting Leave;
• Bereavement Leave; and • Other Leaves of Absence.

Family and Medical Leave

The Company will grant family and medical leave in accordance with the requirements of applicable
federal and state law in effect at the time the leave is granted. Although the federal and state laws have
different names, the Company refers to these types of leaves collectively as "FMLA Leave." In any case,
employees will be eligible for the most generous benefits available under applicable law.
Employee Eligibility
To be eligible for FMLA Leave benefits, employees must: (1) have worked for the Company for a total of
at least 12 months; (2) have worked at least 1,250 hours over the previous 12 months as of the start of
the leave; and (3) have worked at a location where at least 50 employees are employed by the Company
within 75 miles, as of the date the leave is requested. Eligibility requirements may differ for employees
who have been on a protected military leave of absence. If employees are unsure whether they qualify
for FMLA Leave, they should call 855-775-2524 or visit reliancematrix.com.
Reasons for Leave
Federal and state laws allow FMLA Leave for various reasons. Because employees' legal rights and
obligations may vary depending upon the reason for FMLA Leave, it is important to identify the purpose
or reason for the leave. Leave covered by the federal Family and Medical Leave Act (Fed-FMLA) may be
used for one of the following reasons, in addition to any reason covered by an applicable state
family/medical leave law:
• The birth, adoption or foster care of an employee's child within 12 months following the birth or
placement of the child (Bonding Leave);
• To care for an immediate family member (spouse, child or parent) with a serious health
condition (Family Care Leave);
• An employee's inability to work because of a serious health condition (Serious Health Condition
Leave);
• A "qualifying exigency," as defined under the Fed-FMLA, arising from a spouse's, child's or
parent's "covered active duty" as a member of the military reserves, National Guard or Armed
Forces (Military Emergency Leave); or
• To care for a spouse, child, parent or next of kin (nearest blood relative) who is a "Covered
Servicemember" (Military Caregiver Leave). Definitions
• "Child," for purposes of Bonding Leave and Family Care Leave, means a biological, adopted, or
foster child; a stepchild; a legal ward; or a child of a person standing in loco parentis, who is
either under age 18, or age 18 or older and incapable of self-care because of a mental or physical
disability at the time that FMLA Leave is to commence. "Child," for purposes of Military

59
 Emergency Leave and Military Caregiver Leave, means a biological, adopted, or foster child;
stepchild; legal ward; or a child for whom the person stood in loco parentis, and who is of any
age.
• "Parent," for purposes of this policy, means a biological, adoptive, step or foster parent, or any
other individual who stood in loco parentis to the person. This term does not include parents-
inlaw. For Military Emergency Leave taken to provide care to a parent of a deployed military
member, the parent must be incapable of self-care as defined by the Fed-FMLA.
• "Covered Active Duty" means (1) in the case of a member of a regular component of the Armed
Forces, duty during the deployment of the member with the Armed Forces to a foreign country;
and (2) in the case of a member of a reserve component of the Armed Forces, duty during the
deployment of the member with the Armed Forces to a foreign country under a call or order to
active duty (or notification of an impending call or order to active duty) in support of a
contingency operation as defined by applicable law.
• "Covered Servicemember" means (1) a member of the Armed Forces, including a member of a
reserve component of the Armed Forces, who is undergoing medical treatment, recuperation or
therapy; is otherwise in outpatient status; or is otherwise on the temporary disability retired list,
for a serious injury or illness incurred or aggravated in the line of duty while on active duty that
may render the individual medically unfit to perform their military duties; or (2) a person who,
during the five years prior to the treatment necessitating the leave, served in the active military,
Naval or Air Service, and who was discharged or released under conditions other than
dishonorable (a "veteran" as defined by the Department of Veteran Affairs), and who has a
qualifying injury or illness incurred or aggravated in the line of duty while on active duty that
manifested itself before or after the member became a veteran. For purposes of determining the
five-year period for covered veteran status, the period between October 28, 2009, and March 8,
2013, is excluded.
• "Spouse " means the other person with whom an individual entered into marriage as defined or
recognized under state law in the state in which the marriage was entered into, or, in the case of
a marriage entered into outside of any state, if the marriage is valid in the place where entered
into and could have been entered into in at least one state. This includes common law marriage
or same-sex marriage in places where these marriages are recognized.
• "Key employee" means a salaried Fed-FMLA-eligible employee who is among the highest paid
10 percent of all the employees employed by the Company within 75 miles of the employee's
worksite.
Length of Leave
The maximum amount of FMLA Leave is 12 work weeks in any 12-month period when the leave is taken
for: (1) Bonding Leave; (2) Family Care Leave; (3) Serious Health Condition Leave; and (4) Military
Emergency Leave. However, if both spouses work for the Company and are eligible for leave under this
policy, the spouses will be limited to a total of 12 work weeks off between the two of them when the
leave is for Bonding Leave or to care for a parent using Family Care Leave. The applicable "12-month
period" utilized by the Company is the on an employee's anniversary date; the 12-month period
measured forward from the date the employee's first FMLA Leave; Under this method the 12-month
period is measured from the date the employee first uses any FMLA Leave; the 12-month period begins
on the employee's anniversary date.

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The maximum amount of FMLA Leave for an employee wishing to take Military Caregiver Leave is a
combined leave total of 26 workweeks in a single 12-month period. A "single 12-month period" begins
on the date of the employee's first use of such leave and ends 12 months after that date.
If both spouses work for the Company and are eligible for leave under this policy, the spouses will be
limited to a total of 26 workweeks off between the two when the leave is for Military Caregiver Leave
only or is for a combination of Military Caregiver Leave, Military Emergency Leave, Bonding Leave and/or
Family Care Leave taken to care for a parent.
To the extent required by law, some extensions to leave beyond an employee's FMLA Leave entitlement
may be granted when the leave is necessitated by an employee's work-related injury or illness or by a
"disability" as defined under the Americans with Disabilities Act and/or applicable state or local law.
Certain restrictions on these benefits may apply.
Intermittent or Reduced Schedule Leave
Under some circumstances, employees may take FMLA Leave intermittently, which means taking leave in
blocks of time or reducing the employee's normal weekly or daily work schedule. An employee may take
leave intermittently or on a reduced schedule whenever it is medically necessary to care for a seriously ill
family member or because the employee is seriously ill and unable to work. Leave due to military
exigencies may also be taken on an intermittent basis.
Employees who take leave intermittently or on a reduced work schedule basis for planned medical
treatment must make a reasonable effort to schedule the leave so as not to unduly disrupt the
Company's operations. Please contact Human Resources (Benefits@borderfoods.com) prior to
scheduling medical treatment. If FMLA Leave is taken intermittently or on a reduced schedule basis due
to planned medical treatment, we may require employees to transfer temporarily to an available
alternative position with an equivalent pay rate and benefits, including a part-time position, to better
accommodate recurring periods of leave.
If employees have been approved for intermittent leave and they request leave time that is
unforeseeable, they must specifically reference either the qualifying reason for leave or the need for
FMLA Leave at the time they call off.
If an employee's request for intermittent leave is approved, the Company may later require employees to
obtain recertification of their need for leave. For example, the Company may request recertification if it
receives information that casts doubt on an employee's report that an absence qualifies for FMLA Leave.
Notice and Certification
Bonding, Family Care, Serious Health Condition and Military Caregiver Leave Requirements Employees
are required to provide:
• When the need for the leave is foreseeable, 30 days' advance notice or such notice as is both
possible and practical if the leave must begin in fewer than 30 days (normally this would be the
same day the employee becomes aware of the need for leave or the next business day);
• When the need for leave is not foreseeable, notice within the time prescribed by the Company's
normal absence reporting policy, unless unusual circumstances prevent compliance, in which
case notice is required as soon as is otherwise possible and practical;
• When the leave relates to medical issues, a completed Certification of Health Care Provider form
within 15 calendar days (for Military Caregiver Leave, an invitational travel order or invitational
travel authorization may be submitted in lieu of a Certification of Health Care Provider form); •
Periodic recertification (upon the Company's request); and
• Periodic reports during the leave.

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Certification forms are available by calling 855-775-2524 or visit reliancematrix.com. At the Company's
expense, we may require a second or third medical opinion regarding the employee's own serious health
condition or the serious health condition of the employee's family member. In some cases, we may
require a second or third opinion regarding the injury or illness of a Covered Service Member. Employees
are expected to cooperate with the Company in obtaining additional medical opinions that we may
require.
When leave is for planned medical treatment, employees must try to schedule treatment so as not to
unduly disrupt the Company's operation. Please contact Human Resources (HR@borderfoods.com) prior
to scheduling planned medical treatment.
Recertification After Grant of Leave
In addition to the requirements listed above, if an employee's FMLA Leave is certified, the Company may
later require medical recertification in connection with an absence that the employee reports as
qualifying for FMLA Leave. For example, the Company may request recertification if (1) the employee
requests an extension of leave; (2) the circumstances of the employee's condition as described by the
previous certification change significantly (e.g., the employee's absences deviate from the duration or
frequency set forth in the previous certification; the employee's condition becomes more severe than
indicated in the original certification; the employee encounters complications); or (3) the Company
receives information that casts doubt upon the employee's stated reason for the absence.
The Company may also request recertification in connection with an absence after six months have
passed since the employee's original certification, regardless of the estimated duration of the serious
health condition necessitating the need for leave. Any recertification requested by the Company will be
at the employee's expense.
Military Emergency Leave Requirements Employees
are required to provide:
• As much advance notice as is reasonable and practicable under the circumstances.
• A copy of the covered servicemember's active-duty orders when the employee requests leave
and/or documentation (such as Rest and Recuperation leave orders) issued by the military
setting forth the dates of the servicemember's leave; and
• A completed Certification of Qualifying Exigency form within 15 calendar days, unless unusual
circumstances exist to justify providing the form at a later date.
Certification forms are available by calling 855-775-2524 or visit reliancematrix.com .
Failure to Provide Notice or Certification and to Return from Leave
Absent unusual circumstances, failure to comply with these notice and certification requirements may
result in a delay or denial of the leave.
If an employee fails to return to work at the leave's expiration and has not obtained an extension of the
leave, the Company may presume that the employee does not plan to return to work and has voluntarily
terminated their employment.
Compensation During Leave
Generally, FMLA Leave is unpaid. However, employees may be eligible to receive benefits through
statesponsored programs or the Company's sponsored wage-replacement benefit programs. Employees
may also choose to use accrued vacation and sick leave, to the extent permitted by law and the
Company's policy. All payments of wage-replacement benefits and accrued paid leave will be integrated
so that employees will receive no greater compensation than their regular compensation during this

62
period. The Company may require employees to use accrued vacation and sick leave to cover some or all
of their FMLA Leave. The use of paid benefits will not extend the length of FMLA Leave.
Unless permissible under state law, employees are prohibited from working for someone else while on
the Company's payroll during our core business hours or any hours that might interfere with an
employee's ability to get work done for the Company.
Benefits During Leave
The Company will continue making contributions to employees' group health benefits during their leave
on the same terms as if the employees had continued to actively work. This means that if employees
want their benefits coverage to continue during their leave, they must also continue to make the same
premium payments that they are now required to make for themselves or their dependents. Employees
taking Bonding Leave, Family Care Leave, Serious Health Condition Leave and Military Emergency Leave
will generally be provided with group health benefits for a 12-workweek period. Employees taking
Military Caregiver Leave may be eligible to receive group health benefits coverage for up to a maximum
of 26 workweeks. In some instances, the Company may recover premiums it paid on an employee's
behalf to maintain health coverage if the employee fails to return to work following FMLA Leave. An
employee's length of service as of the leave will remain intact, but benefits such as vacation and sick
leave may not accrue while on an unpaid FMLA Leave.
Job Reinstatement
Under most circumstances, employees will be reinstated to the same position they held at the time of
the leave or to an equivalent position with equivalent pay, benefits and other terms and conditions of
employment. However, employees have no greater right to reinstatement than if they had been
continuously employed rather than taken leave. For example, if an employee would have been laid off or
their position would have been eliminated even if they had not gone on leave, then the employee will
not be entitled to reinstatement.
Prior to being allowed to return to work, an employee wishing to return from a Serious Health Condition
Leave must submit an acceptable release from a health care provider that certifies the employee can
perform the essential functions of the job as those essential functions relate to the employee's serious
health condition. For an employee on intermittent or reduced schedule FMLA Leave, such a release may
be required if reasonable safety concerns exist regarding the employee's ability to perform their duties,
based on the serious health condition for which the employee took the intermittent or reduced schedule
leave.
Key employees may be subject to reinstatement limitations in some circumstances. If employees are
considered a "key employee," those employees will be notified of the possible limitations on
reinstatement at the time the employee requests a leave of absence.
Confidentiality
Documents relating to medical certifications, recertifications or medical histories of employees or
employees' family members will be maintained separately and treated as confidential medical records,
except that in some legally recognized circumstances, the records (or information in them) may be
disclosed to supervisors and managers, first aid and safety personnel or government officials.
Fraudulent Use of FMLA Prohibited
An employee who fraudulently obtains FMLA Leave from the Company is not protected by the
FedFMLA's job restoration or maintenance of health benefits provisions. In addition, the Company will
take all available appropriate disciplinary action against such employees due to such fraud.

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Nondiscrimination
The Company takes its Fed-FMLA obligations very seriously and will not interfere with, restrain, or deny
the exercise of any rights provided by FMLA. We will not terminate or discriminate against any individual
for opposing any practice, or because of involvement in any proceeding related to the FMLA. If an
employee believes that their FMLA rights have been violated in any way, they should immediately report
the matter to Human Resources (HR@borderfoods.com).
Additional Documentation
A Notice to employees of Rights Under FMLA (WHD Publication 1420) is attached to this Handbook.
Employees should contact Human Resources (HR@borderfoods.com) for any FMLA Leave questions they
may have.
Effect on Other Rights and Policies
The Company may provide other forms of leave for employees to care for family members or medical
conditions under other federal, state, and local laws. In certain situations, leave under this policy may
run at the same time as leave available under another federal, state, or local law, provided eligibility
requirements for that law are met. The Company is committed to complying with all applicable laws.
Employees should contact Human Resources (HR@borderfoods.com) for information about other
federal, state, and local medical or family leave rights.

Personal Leave
Requests for personal leave will be considered and evaluated on an individual basis. Unpaid leave may be
granted for up to 30 days for regular employees who have completed at least 90 days of service.
Approval or denial of such requests will be entirely at the Company's discretion. In determining the
feasibility of granting such requests, factors including but not limited to the following will be considered:
the purpose of the requested leave, availability of coverage for job responsibilities during the requested
leave, previous absences, length of employment, prior work records and performance. Such requests
must be submitted to Human Resources (HR@borderfoods.com).
An employee's benefits will typically cease during a personal leave of absence lasting 30 or more days.
Consult with Human
Resources (HR@borderfoods.com).
The Company will attempt to return an employee to their former position or a comparable position upon
return from personal leave, at our discretion. Given changing business needs, however, no guarantee of
reinstatement can be made.
Employees on leave are asked to confirm their return date at least two weeks before they return to work.
Any requests for additional leave must be made as soon as possible. Employees on leave who do not
return as scheduled and fail to request an extension or show good reason why an extension should be
granted, will be considered to have voluntarily terminated their employment as of the day the original
leave expired.

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Military Leave
Federal law provides employees with the right to take leave to serve in the military. At the federal level,
military leave rights are governed by the Uniformed Services Employment and Reemployment Rights Act,
commonly referred to as USERRA. This policy discusses military leave under USERRA.
State laws may also provide an employee with the right to take military leave. If the employee works in a
state that provides rights in addition to those provided under USERRA, the Company will provide those
rights. If an employee plans to request leave based on military service, they should contact Human
Resources (HR@borderfoods.com) for information on any additional rights or requirements, if
applicable, under state law.
Employee Eligibility
Employees will be granted a leave of absence for service in the uniformed services according to USERRA
and applicable state law. Leave is available to all employees who are eligible to take it and seek
reinstatement under USERRA or applicable state law for the purpose of performing service in the
uniformed services.
Notice of Leave
An employee must notify Human Resources (HR@borderfoods.com) of the need to take a leave as far in
advance as feasible. The Company requests notice at least 30 days prior to the beginning of the leave, if
possible. Verbal notice is sufficient, but the Company may request documentation from the employee. If
giving notice is impossible or unreasonable for reasons not attributable to the employee, notice should
be provided as soon as possible. Notice may not be required when precluded by military necessity, which
is defined by the Department of Defense, the Administrator of FEMA for FEMA service, or the Secretary
of Health and Human Services for intermittent disaster-response appointees of the National Disaster
Medical System.
Employees are responsible for updating changes in contact information by sending such information to
Human Resources (HR@borderfoods.com).
Use of Accrued, Unused Paid Time Off During Leave
Any employee on military leave may use accrued, but unused, paid time off to compensate the employee
during the leave. The employee is not required to use such paid time off during a military leave but may
choose to do so.
Reinstatement
Employees are eligible under USERRA to seek reinstatement if they meet the following requirements:
• The employee provides proper notice of their service.
• The cumulative total of the employee's service periods does not exceed five years, except as
otherwise permitted by USERRA.
• The employee seeks reinstatement within the time frames outlined by USERRA; and
• The employee is not discharged from service in the uniformed services in a manner that
disqualifies the employee from USERRA's protections (e.g., dishonorable discharge).

Time Off to Vote

Border Foods encourages all employees to fulfill their civic responsibilities and to vote in official public
elections. Generally, working hours are such that an employee will have ample time to cast a vote before

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or after the work shift. If employees do not have sufficient time to vote, they should discuss the matter
with a supervisor. Border Foods will comply with all applicable state and local voting leave laws.

Jury and Witness Duty Leave

We encourage employees to serve on jury or witness duty when called. Employees must notify their
supervisor of the need for time off for jury or witness duty upon receipt of a subpoena, notice or
summons from the court. Time off for jury or witness duty will be unpaid except where required
otherwise by applicable state law. Exempt employees will not incur any reduction in pay for an absence
due to jury or witness duty, this is to include AGM, RGM, ASL, AGM/RGM Trainees, and Office
employees. Border Foods will comply with all state laws regarding pay for jury leave. Any mileage
allowance, fee, etc., paid for jury or witness duty will be credited against any payments made to
employees by the Company.
Employees may be required to provide verification of jury duty or witness service from the court clerk.
Any employee on jury or witness duty is expected to report or return to work for the remainder of the
work schedule when dismissed from jury or witness duty.

Expenses

Managers approval is required prior to incurring any expenses on behalf of the Company.
Reimbursement for authorized expenses requires a completed expense report/voucher accompanied by
receipts and appropriate manager approval. Expenses that are not adequately documented may not be
reimbursed. The Company may reimburse gas expenses, provided the appropriate manager approves the
trip and expenses in advance. The Company will not reimburse expenses incurred in the normal course
of duties such as any driving within their home market area.

State Supplements:

Illinois:
Paid Sick and Safe Time Handbook Statement: Illinois
The Company provides paid leave to eligible employees in compliance with the Paid Leave for All
Workers Act (PLAWA). This policy is subject to modification pending any changes to regulatory guidance
issued regarding the PLAWA. The policy should be construed in such a way as to be in harmony with the
requirements set forth in any such guidance.
Eligibility
All employees working in Illinois for the Company are eligible to receive paid leave under this policy.
ILLINOIS PTO POLICY – TEAM MEMBERS
Team Member – PTO

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 Full available balance remaining at the end of the year will rollover into the next year

Years of Maximum Annual PTO Maximum Available

Service Accrual Earning Rate per Check Balance

0+ up to 40 hours .025 hours for every hour worked 40

A. PTO Rollover
1. The employees’ entire PTO balance can be rolled over at the end of each year.
a. The maximum balance allowed in the employees’ available PTO balance at any
given time is 40 hours.
b. Example: If a Team Member has 40 hours of PTO to rollover at the end of the
plan year and are eligible to accrue up to 40 hours of PTO in a year, they will not
accrue any PTO in the new plan year.
B. Separation from Employment
1. Accrued but not used PTO will be paid to the employee at the employee’s final hourly rate
of pay in the following circumstances:
a. Employee must be employed for a minimum of 1 year and:
b. Voluntary separation or lay-off, and:
c. Dated and signed written notice received by the RGM or Above Restaurant
Leader a minimum of two weeks in advance of the last day of employment, and:
d. A minimum of two weeks’ notice must be provided and worked.
1. PTO cannot be used to satisfy any of the notice period.
ILLINOIS PTO & VACATION POLICY – SHIFT Leader

Shift Leader Vacation

Full available balance remaining at the end of the year will rollover into the next year

Years of Maximum Annual Vacation Maximum Available

Service Accrual Earning Rate per Check Balance

0-1 up to 40 hours .025 hours for every hour worked 40

1+ up to 40 hours .03846 hours for every hour worked 40

A. Vacation Rollover
1. The employees’ entire PTO balance can be rolled over at the end of each fiscal year.

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 • The maximum balance allowed in the employees’ available PTO balance at any given time is 40
hours.
• Example: If a Team Member has 40 hours of PTO to rollover at the end of the year and are
eligible to accrue up to 40 hours of PTO in a year, they will not accrue any PTO in the new plan
year.
B. Separation from Employment
1. Accrued but not used PTO will be paid to the employee at the employee’s final hourly rate
of pay in the following circumstances:
• Employee must be employed for a minimum of 1 year and:
• Voluntary separation or lay-off, and:
• Dated and signed written notice received by the GM or Above Restaurant Leader a minimum of
two weeks in advance of the last day of employment, and:
• A minimum of two weeks’ notice must be provided and worked.
1. PTO or Holiday pay cannot be used to satisfy any of the notice period.

Shift leader Vacation

Full available balance remaining at the end of the year will be forfeited

Years of Maximum Annual Vacation

Service Accrual Earning Rate per Check Maximum Available Balance

.03846 hours for every hour

1+ up to 40 hours worked 40

A. Vacation Rollover
1. Vacation cannot be rolled over into the new plan year. Any remaining balance at the end
of the plan year will be forfeited.
B. Separation from Employment
1. Accrued but not used vacation remaining in any employee’s available balance will be paid
out on the employee’s final check after the termination is submitted.

Accrual and Carryover of Illinois Paid Leave

Employees begin to accrue paid leave on their first calendar day of employment with the Company or
their date of eligibility under the PLAWA, whichever is later.
Paid leave accrues at a rate of one hour for every 40 hours worked, up to a maximum of 40 hours in an
anniversary year.

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Employees may carry over all accrued but unused paid leave from one anniversary year to the next. The
Company does not pay out any unused paid leave at year-end in lieu of carryover.
Using Illinois Paid Leave
Paid leave may be used for any reason of the employee's choosing, so long as such use is in accordance
with this policy and the PLAWA.
Employees may use paid leave after March 31, 2024, or on their 91st day of employment. Thereafter,
employees may use paid leave as it is accrued.
Employees may use a maximum of 40 hours of paid leave in a 12-month period.
To the extent allowed by applicable law, the Company reserves the right to require the use of paid leave
during an absence from work.
Employees are not required to search for or find a replacement worker to cover the period during which
they use paid leave.
Notice Required
If the need to use paid leave is foreseeable, such as for planned vacations and prescheduled medical
appointments, employees must provide at least seven calendar days' advance notice of an absence from
work to their supervisor If the need to use paid leave is unforeseeable, employees must provide notice
to their supervisor as soon as practicable after the employee is aware of the need to take leave.
Employees may provide notice to their supervisor by phone call, sending an email/text message. When
notifying the Company of the need to use paid leave, an employee should include the anticipated
duration of the absence, when possible.
In all circumstances, employees are responsible for specifying that they are requesting to use paid leave
to cover their absence (as opposed to, for example, time off under another Company provided policy,
e.g., a sick leave policy), so that the absence may be designated as paid leave under the PLAWA.
Employees are not required to provide the Company with a reason for their leave.
Discipline for Unprotected Use of Illinois Paid Leave
Discipline - up to and including termination - may be taken against an employee who uses Illinois Paid
Leave in a manner not consistent with the PLAWA, or who violates this policy's requirements concerning
requesting, using, and/or recording use of Illinois Paid Leave.
Rate of Pay
Leave is paid based on employees' average hourly rate of pay or the minimum wage at the time when
leave is taken, whichever is higher.
Separation From Employment and Rehire
The Company will pay employees for unused paid if the following circumstances are met:
Accrued but not used PTO will be paid to the employee at the employee’s final hourly rate of pay in the
following circumstances:
• Employee must be employed for a minimum of 1 year and:
• Voluntary separation or lay-off, and:
• Dated and signed written notice received by the GM or Above Restaurant Leader a minimum of
two weeks in advance of the last day of employment, and:
• A minimum of two weeks’ notice must be provided and worked.
• PTO or Holiday pay cannot be used to satisfy any of the notice period.

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If an employee's employment with the Company ends and the employee is rehired within 12 months of
employment ending, the employees previously accrued but unused paid leave balance will be reinstated
and made available for use in accordance with the PLAWA.
Antidiscrimination and Retaliation
If the use of paid leave complies with the requirements of this policy and the PLAWA, the Company will
not count employees' use of paid leave as an absence or "occurrence" under any Company attendance
policy. Therefore, any such use of paid leave will not lead to or result in discipline, demotion, suspension,
or termination.
The Company will not retaliate or discriminate against any employee for requesting or using paid leave
for authorized circumstances, or for making a complaint or informing a person about a suspected
violation of this policy, cooperating or participating in any investigation, administrative hearing or judicial
action regarding an alleged violation, opposing any policy or practice prohibited by the PLAWA, or
informing any person of their potential rights or supporting someone else's rights under the PLAWA.
Additional Information
Employees who have questions about this Illinois Paid Leave policy should contact Human Resources
(HR@borderfoods.com).

Mandatory Time Off/Day of Rest Handbook Statement: Illinois

The Company will provide nonexempt, nonsupervisory employees working more than 20 hours per
week with at least one day (24 consecutive hours) of rest during every consecutive 7-day period.
Bereavement Leave
Upon request, eligible employees will be allowed a maximum of 2 weeks (10 workdays) of bereavement
leave in connection with the death of a covered family member or a loss related to pregnancy, adoption,
surrogacy, or fertility as described in this policy.
In the event of the death of more than one covered family member within a 12-month period, an
employee may take up to a total of 6 weeks of leave during a 12-month period.
A covered family member includes an employee's child, spouse, domestic partner, sibling, parent,
parent-in-law, grandchild, grandparent, or stepparent. For purposes of this policy, "child" is defined to
include an employee's biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person
standing in loco parentis (in the place of a parent).
To be eligible for leave under this policy an employee must be eligible for leave under the federal Family
and Medical Leave Act (Fed-FMLA), meaning the employee must:
• Have worked for the Company for a total of at least 12 months.
• Have worked at least 1,250 hours over the previous 12 months as of the start of the leave; and
• Work at a location where at least 50 employees are employed by the Company within 75 miles,
as of the date the leave is requested.
Employees who have exhausted their Fed-FMLA leave are ineligible for leave under this policy. If
employees are unsure whether they meet the above eligibility requirements, they should contact.
Eligible employees may take leave under this policy for any of the following reasons:
1. To attend the funeral (or funeral alternative) of a covered family member.
2. To make arrangements necessitated by the death of a covered family member.
3. To grieve the death of a covered family member; or

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 4. Miscarriage; unsuccessful round of intrauterine insemination or of an assisted reproductive
technology procedure (e.g., artificial insemination or embryo transfer); failed adoption match or
an adoption that is not finalized because it is contested by another party; failed surrogacy
agreement; a diagnosis that negatively impacts pregnancy or fertility; or a stillbirth.
Leave under this policy must be completed within 60 days after the date on which the employee receives
notice of the death of the covered family member or the date on which an event listed under paragraph
4 above occurs.
Employees may substitute other types of leave for family bereavement leave, including but not limited to
any available paid or unpaid leave. Family bereavement leave does not run concurrently with leave
provided under the Fed-FMLA, if applicable.
An employee must provide the Company with at least 48 hours' advance notice of the employee's
intention to take bereavement leave, unless providing such notice is not reasonable or practicable. The
Company may request reasonable documentation from the employee to verify the employee's eligibility
for leave under this policy. Such documentation will not require the employee to identify the covered
reason for leave as a condition of taking leave.
The Company will not retaliate or tolerate retaliation against employees who request or take leave in
accordance with this policy.

Pregnancy Accommodation Handbook Statement: Illinois

Employees and applicants for employment may request reasonable accommodation for pregnancy,
childbirth or related medical or common conditions to enable them to perform the essential functions of
their job. In accordance with the Illinois Human Rights Act (IHRA), reasonable accommodation will be
provided unless the accommodation will impose an undue hardship on the company's business
operations.
Reasonable accommodations may include but are not limited to: modifications or adjustments to the job
application process; more frequent or longer bathroom, water or rest breaks; assistance with manual
labor; light duty; temporary transfer to a less-strenuous or hazardous position; acquisition or
modification of equipment; reassignment to a vacant position; private, non-restroom space for
expressing breast milk and breastfeeding; job restructuring; a part-time or modified work schedule;
appropriate adjustment to or modification of examinations, training materials or policies; seating; an
accessible worksite; and time off to recover from conditions related to childbirth, or a leave of absence
necessitated by pregnancy, childbirth or medical or common conditions resulting from pregnancy or
childbirth.
Employees who take leave as an accommodation under this policy will be reinstated to their original job
or to an equivalent position with equivalent pay, seniority, benefits and other terms and conditions of
employment upon their notification to the Company of their intent to return to work or when the
employee's need for a reasonable accommodation ends.
When an employee is provided with a leave of absence as reasonable accommodation and the need for
time off is foreseeable, the employee must provide prior notice of the need for leave in a manner that is
reasonable and practicable. When the need for time off or leave is foreseeable based on planned
medical treatment or supervision, the employee must also make a reasonable effort to schedule the
treatment or supervision in a manner that does not unduly disrupt company operations, subject to the
approval of the employee's health care provider. If the need for leave is not foreseeable or expected, the

71
employee must provide notice to the Company as soon as possible and practical and in a manner that is
reasonable and practicable.
The Company may request certain documents from an employee or applicant's health care provider
regarding the need for an accommodation. It is the employee's or applicant's duty to provide the
requested documentation to the Company.
The Company will not deny employment opportunities or take adverse employment actions against
employees or otherwise qualified applicants for employment based on the need to make such
reasonable accommodations, nor will the Company retaliate against applicants or employees who
request, use or attempt to use accommodations or otherwise exercise their rights under the IHRA.
Employees who have questions about this policy or who wish to request a reasonable accommodation
under this policy should contact their Human Resources representative.

Sexual and Other Unlawful Harassment Handbook Statement: Illinois

Border Foods is committed to providing a work environment free of harassment. The Company complies
with Illinois law and maintains a strict policy prohibiting sexual harassment and unlawful discrimination
against employees or applicants for employment based on their actual or perceived race, color, religion,
sex (including pregnancy, childbirth and related medical conditions), national origin, ancestry, age (40 or
over), marital status, physical or mental disability, military status, sexual orientation (actual or
perceived), gender identity, unfavorable discharge from military service, or citizenship status. The
Company will not tolerate discrimination or harassment based upon these characteristics or any other
characteristic protected by applicable federal, state, or local law. The Company's anti-harassment policy
applies to all persons involved in its operations, including contractors or consultants, and prohibits
harassing conduct by any employee of Border Foods, including supervisors, managers, and
nonsupervisory employees. This policy also protects employees from prohibited harassment by third
parties, such as customers, vendors, clients, visitors or temporary or seasonal workers.
All employees are expected to comply with the Company's Sexual and Other Unlawful Harassment policy
as set forth in the Employee Handbook. While the Sexual and Other Unlawful Harassment policy sets
forth the Company's goals of promoting a workplace that is free of harassment, the policy is not
designed or intended to limit the Company's authority to discipline or take remedial action for workplace
conduct that we deem unacceptable, regardless of whether that conduct satisfies the definition of
unlawful harassment.
Any employee who is found to have engaged in discriminatory or harassing conduct will be subject to
appropriate disciplinary action, up to and including termination. Retaliation against anyone reporting
acts of harassment or discrimination, participating in an investigation, or helping others exercise their
right to complain about discrimination is unlawful and will not be tolerated.
In addition to the complaint procedures set forth in the National Handbook, any employee who believes
that they have been harassed or discriminated against may file a complaint with the Illinois Department
of Human Rights (IDHR).
The IDHR may be reached at the following locations:
• Chicago Office: James R. Thompson Center, 100 West Randolph Street, Suite 10-100, Chicago,
Illinois 60601, telephone number (312) 814-6200, (866) 740-3953 (TTY), fax number (312)
8146251.
• Springfield Office: 535 W. Jefferson Street, 1st Floor, Springfield, Illinois 62702, telephone
number (217) 785-5100, (866) 740-3953 (TTY), fax number (217) 785-5106.
• Website: www.illinois.gov/dhr. Email: IDHR.Intake@illinois.gov.

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Employees may also report their concerns to the IDHR's Illinois Sexual Harassment and Discrimination
Helpline at (877) 236-7703.

Smoke Free Illinois Act

The Smoke-Free Illinois Act is (SFIA) a state law which protects residents, workers, and visitors from the
harmful effects of exposure to secondhand tobacco smoke and e-cigarette vapor by prohibiting smoking
of all forms of combustible tobacco, including cigarettes, cigars, and hookah, e-cigarettes, vapes, and any
other electronic smoking device, in public places and places of employment. In addition to indoor areas,
use of these products is banned outdoors within 15 feet from any entrance, exit, window that opens, or
ventilation intake of a public place or place of employment.

Religious Accommodation Handbook Statement: Illinois

Employees and applicants for employment may request a reasonable accommodation for their sincerely
held religious beliefs, practices, and/or observances, including but not limited to the wearing of any
attire, clothing, or facial hair in accordance with the requirements of their religion. In accordance with
the Illinois Human Rights Act (IHRA), the Company will provide reasonable accommodation unless such
accommodation will impose an undue hardship on the company's business operations.
The Company will not deny employment opportunities or take adverse employment actions against
employees or otherwise qualified applicants for employment based on the need to make such
reasonable accommodations, nor will the Company retaliate against applicants or employees who
request accommodations or otherwise exercise their rights under the IHRA. Employees who have
questions about this policy or who wish to request a reasonable accommodation under this policy
should contact their Human Resources (HR@borderfoods.com).

Minnesota:
Paid Sick and Safe Time Handbook Statement: Minnesota
Employees in Minnesota are entitled to earned sick and safe time, a form of paid leave. Employees must
accrue at least 1 hour of earned Sick and Safe time for every 30 hours they work, up to at least 48 hours
in a year. A year for purposes of the employee’s earned sick and safe time accrual is 12 months. The
earned sick and safe time hours the employee has available, as well as those that have been used in the
most recent pay period, must be indicated on the employee’s earnings statement that they receive at the
end of each pay period. Earned sick and safe time must be paid at the same hourly rate employees earn
from employment. Employees are not required to seek or find a replacement for their shift to use earned
sick and safe time. They may use earned sick and safe time for all or part of a shift, depending on their
need.
Earned sick and safe time can be used for:
· An employee’s mental or physical illness, treatment or preventive care;
· The mental or physical illness, treatment or preventive care of an employee’s family member;
· Absence due to domestic abuse, sexual assault or stalking of an employee or their family member;

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· Closure of an employee’s workplace due to weather or public emergency or closure of their family
member’s school or care facility due to weather or public emergency; and
· When determined by a health authority or health care professional that an employee or their family
member is at risk of infecting others with a communicable disease.
Notifying employer:
An employer can require their employees to provide up to seven days of advance notice when possible
(for example, when an employee has a medical appointment scheduled in advance) before using sick and
safe time. An employer can also require their employees to provide certain documentation regarding the
reason for their use of earned sick and safe time if they use it for more than three consecutive days.
MINNESOTA VACATION POLICY – TEAM MEMBERS
Team Member - Vacation
Full available balance remaining at the end of the year will rollover into the next year

Years of Maximum Annual Vac Maximum Available

Service Accrual Earning Rate per Check Balance

.03333 hours for every hour

0-1 up to 48 hours worked 48
.03333 hours for every hour
1+ up to 48 hours worked 80

A. Vacation Rollover
1. The employees’ entire Vacation balance can be rolled over at the end of each plan year.
a. The maximum balance allowed in the employees’ available Vacation balance in
the 1st year of employment is 48 hours and 80 hours after the 1st year of
employment.
b. Example: If a Team Member has 40 hours of vacation to rollover at the end of
the plan year and are eligible to accrue up to 48 hours of vacation in the new
plan year, they will not accrue any additional vacation once their balance
reaches 80 hours until their balance is utilized and reduces below 80 hours.
B. Separation from Employment
1. Accrued but not used vacation will be paid to the employee at the employee’s final hourly
rate of pay in the following circumstances:
a. Employee must be employed for a minimum of 1 year and:
b. Voluntary separation or lay-off, and:
c. Dated and signed written notice received by the RGM or Above Restaurant
Leader a minimum of two weeks in advance of the last day of employment.
1. The notice period must be worked in full.

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 2. Vacation cannot be used to satisfy any of the notice period.

MINNESOTA VACATION & PTO POLICY – SHIFT LEADER

Shift Leader - Vacation

Full available balance remaining at the end of the year will rollover into the next year

Years of Maximum Annual Vac Maximum Available

Service Accrual Earning Rate per Check Balance

.03333 hours for every hour

0-1 up to 48 hours worked 48
.03846 hours for every hour
1+ up to 48 hours worked 80
A. Vacation Rollover
1. The employees’ entire Vacation balance can be rolled over at the end of each plan year.
a. The maximum balance allowed in the employees’ available Vacation balance in
the 1st year of employment is 48 hours and 80 hours after the 1st year of
employment.
b. Example: If a Shift Leader has 40 hours of vacation to rollover at the end of the
plan year and are eligible to accrue up to 48 hours of vacation in the new plan
year, they will not accrue any additional vacation once their balance reaches 80
hours until their balance is utilized and reduces below 80 hours.

Shift Leader PTO

Full available balance remaining at the end of the year will be forfeited

Years of Maximum Annual PTO

Service Accrual Earning Rate per Check Maximum Available Balance

.03846 hours for every hour

1+ up to 40 hours worked 32

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 A. PTO Rollover
1. PTO cannot be rolled over into the new plan year. Any remaining balance at the end of the
plan year will be forfeited.
B. Separation from Employment
1. Accrued but not used vacation & PTO will be paid to the employee at the employee’s final
hourly rate of pay in the following circumstances:
a. Employee must be employed for a minimum of 1 year and:
b. Voluntary separation or lay-off, and:
c. Dated and signed written notice received by the GM or Above Restaurant
Leader a minimum of two weeks in advance of the last day of employment.
1. The notice period must be worked in full.
2. Vacation, PTO & holiday cannot be used to satisfy any of the notice
period.

MINNESOTA AGM, GM, ARL & OFFICE SICK PLAN

Sick Time
Full available balance remaining at the end of the year will be forfeited

Years of Maximum Annual Sick Maximum Available

Service Accrual Annual Hours Accrual Balance

0 up to 80 80 80

1+ up to 80 80 80

A. Sick time cannot be used before it is earned or awarded.

B. Unused sick days may not be carried over into the next fiscal year.
C. Employees will not be paid for unused sick days upon separation of employment.

Retaliation, right to file complaint:

It is against the law for an employer to retaliate, or to take negative action against an employee for using
or requesting earned sick and safe time or otherwise exercising their earned sick and safe time rights
under the law. If an employee believes they have been retaliated against or improperly denied earned
sick and safe time, they can file a complaint with the Minnesota Department of Labor and Industry. They
can also file a civil action in court for earned sick and safe time violations.

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Wage Disclosure Protection Handbook Statement: Minnesota
No employee will be prohibited from disclosing the amount of his or her wages or discussing another
employee's wages which have been disclosed to him or her voluntarily. The Company will not take any
adverse employment action against an employee because he or she makes such a disclosure, engages in
such discussion, or asserts any rights under this policy.
Nothing in this policy will be construed to require an employee to disclose his or her wages to anyone.
Moreover, this policy does not permit the disclosure of any proprietary information, trade secret, or
information that is otherwise subject to a legal privilege or protected by law, without the express written
consent of management; nor does it condone the disclosure of protected information concerning other
employees to a competitor where prohibited by policy or contract. An employee may bring a civil action
for a violation of this policy seeking any of the remedies available under the Minnesota Wage Disclosure
Protection Law, including if appropriate, reinstatement, back pay, restoration of service credit, and
expungement of adverse employment records.

Minimum Wage Rights Handbook Statement: St. Paul, Minnesota

Employees who work within the city of St. Paul, Minnesota, are generally entitled to earn at least the
minimum wage rate required under the City's Minimum Wage Ordinance (MWO) for time spent working
in the city. The MWO applies to employees working within the city limits for at least two hours in a
oneweek period, regardless of their immigration status.
Employees who have questions about this policy or their pay should contact Human Resources
(HR@borderfoods.com). The Company will not retaliate against employees or tolerate retaliation against
employees because they request payment of the minimum wage or report a violation of the MWO.
Employees have the right to report a violation of the MWO to the city of St. Paul's Department of Human
Rights and Equal Economic Opportunity, Labor Standards Education and Enforcement Division, if they
have been denied payment of the required minimum wage and/or have been retaliated against for
requesting payment of the minimum wage or reporting a violation of the MWO.

Lactation Accommodation
For up to one year after the birth of an employee’s child, the Company will provide the employee with a
reasonable amount of break time to accommodate an employee desiring to express breast milk for their
child. Employees needing breaks for lactation purposes may use ordinary paid rest breaks or may take
other reasonable break times when needed. If possible, the lactation break time should run concurrently
with scheduled meal and rest breaks already provided to the employee. If the lactation break time
cannot run concurrently with meal and rest breaks already provided or additional time is needed for the
employee, the lactation break time will be unpaid for nonexempt employees.
Employees will be relieved of all work-related duties during any unpaid break. Where unpaid breaks or
additional time are required, employees should work with their supervisor or Human Resources
(HR@borderfoods.com) regarding scheduling and reporting the extra break time. When state law
imposes more specific requirements regarding the break time or lactation accommodation, the Company
will comply with those requirements.

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Because exempt employees receive their full salary during the weeks in which they work, all exempt
employees who need lactation accommodation breaks do not need to report any extra break time as
"unpaid."
The Company will provide employees with the use of a room or a private area, other than a bathroom or
toilet stall, that is shielded from view and free from intrusion from co-workers and the public. The
Company will make a reasonable effort to identify a location within proximity to the work area for the
employee to express milk. This location may be the employee's private office, if applicable. The Company
will otherwise treat lactation as a pregnancy-related medical condition and address lactation-related
needs in the same manner that it addresses other non-incapacitating medical conditions, including
requested time off for medical appointments, requested changes in schedules and other requested
accommodations.
Employees should discuss with their supervisor or Human Resources (HR@borderfoods.com) the
location for storage of expressed milk. In addition, employees should contact their supervisor or Human
Resources (HR@borderfoods.com) during their pregnancy or before their return to work to identify the
need for a lactation area.
Employees who believe they have not been provided lactation break time and the use of a room or
private area in accordance with this policy and federal law should immediately notify the Human
Resource Department (HR@borderfoods.com). The Company will not retaliate or discriminate against an
employee because they file a complaint or institute any proceeding under or related to the federal Fair
Labor Standards Act, testify in any such proceeding or serve on an industry committee.
For employees working in a jurisdiction that has an applicable state or local mandatory lactation
accommodation law, the Company will comply with all legal requirements, including providing greater
break time and space accommodations than those described in this policy.

Michigan:
Paid Sick and Safe Time Handbook Statement: Michigan
The Company provides eligible employees with paid sick and safe leave in accordance with the
requirements of the Michigan Paid Medical Leave Act (PMLA). Eligibility
Certain nonexempt employees whose primary work location is in Michigan are eligible to accrue paid sick
and safe leave.
Eligible employees do not include those who worked, on average, fewer than 25 hours per week during
the immediately preceding calendar year or any of the following:
• Individuals whose primary work location is not in Michigan.
• Individuals who are exempt from overtime requirements under the federal law 29 U.S.C. §
213(a)(1), including those who are employed in a bona fide executive, administrative or
professional capacity or in the capacity of an outside salesman.

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 • Individuals employed for 25 or fewer weeks in a calendar year in a job that is scheduled to last
25 or fewer weeks.
• Variable hour employees as defined by the Affordable Care Act regulations, i.e., based on the
facts and circumstances at the start of employment, the employer cannot determine whether
the employee is reasonably expected to be employed on average at least 30 hours per week
because hours are variable or otherwise uncertain.
Reasons Sick and Safe Leave May be Used
Employees may use paid sick and safe leave for the following reasons:
• The employee's or the employee's family member's mental or physical illness, injury, or health
condition.
• For the diagnosis, care or treatment of the employee's or the employee's family member's
mental or physical illness, injury, or health condition.
• For preventive medical care for the employee or the employee's family member.
• The employee or their family member is a victim of domestic violence or sexual assault and
needs to:
o Seek medical care or psychological counseling for physical or psychological injury or
disability.
o Obtain services from a victim service organization. o Relocate due to the domestic
violence or sexual assault.
o Obtain legal services; or
o Participate in any civil or criminal proceedings related to or resulting from the domestic
violence or sexual assault.
• The employee's primary workplace or the employee's child's school or place of care is closed by
order of a public official due to a public health emergency.
• Health authorities with jurisdiction or a health care provider have determined that the presence
of the employee or the employee's family member in the community would jeopardize the
health of others because of their exposure to a communicable disease (even if the employee or
family member have not actually contracted the disease).
For purposes of this policy, "family member" includes a:
• Child (including a biological, adopted, foster or stepchild, a legal ward, or a child for whom the
employee stands in loco parentis).
• Parent (including a biological, adoptive, foster or stepparent, parent-in-law, legal guardian or a
person who stood in loco parentis to the employee when the employee was a minor child).
• Spouse (i.e., an individual to whom the employee is legally married).
• Sibling (including a biological adopted or foster sibling). • Grandparent; or
• Grandchild.
Accrual and Use of Sick and Safe Leave
Eligible employees begin to accrue paid sick and safe leave on March 29, 2019, or the employee's first
day of work, whichever is later. Sick and safe leave accrues at a rate of one hour of paid sick and safe
leave for every 35 hours worked. Eligible employees accrue paid sick and safe leave on all hours worked,
including overtime hours. Employees do not accrue paid sick and safe leave during paid time off.

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Employees may not use accrued paid sick and safe leave until their 90th calendar day after the start of
employment. Employees can use up to 40 hours of leave in a single calendar year. Paid sick and safe
leave may be used in increments of their choosing per balance availability.
Paid Sick and Safe Leave Carryover
Employees who have accrued paid sick and safe leave remaining at the end of the 12-month period may
carry over up to 40 hours of the accrued and unused time to the next year. The Company does not offer
pay in lieu of actual sick and safe leave.
Requesting Sick and Safe Leave and Documentation
If the need for paid sick and safe leave is foreseeable, employees must provide notice 7 days before the
leave would begin, unless they learn of the need to use leave within a shorter period. If the need for paid
sick and safe leave is unforeseeable, employees should provide notice as soon as practicable after the
need for leave arises. To provide notice of the need to use paid sick and safe leave, employees should
notify their supervisor.
The Company may require that employees provide documentation verifying that paid sick and safe leave
time was used for a covered purpose. Employees are required to provide the requested documentation
within 3 days of the request.
For paid sick and safe leave that is needed because of domestic violence or sexual assault, satisfactory
documentation includes:
• A police report indicating that the employee or a family member was a victim of domestic
violence or sexual assault.
• A court document indicating that the employee or a family member is involved in legal action
related to domestic violence or sexual assault; or
• A signed statement of a victim and witness advocate affirming that the employee or a family
member is receiving services from a victim services organization.
The documentation need not explain the details of the violence or medical condition.
Failure to comply with these notice and documentation requirements may result in discipline.
Confidentiality
Health information and information pertaining to domestic violence or sexual assault related to an
employee or the employee's family member will be treated as confidential and not disclosed except to
the affected employee or with that employee's permission, unless otherwise required by applicable law.
Rate of Pay
Paid sick and safe leave is compensated at a pay rate equal to the employee's normal hourly or base
wage or the applicable minimum wage, whichever is greater. The normal hourly or base wage rate does
not include overtime pay, holiday pay, and bonuses.
Separation from Employment
Compensation for accrued and unused paid sick and safe leave is not provided upon separation from
employment for any reason.
Employees who separate from employment do not retain accrued, unused leave, even if they are later
rehired by the Company.
Retaliation Prohibited
The Company will not retaliate or tolerate retaliation against employees because they take paid sick and
safe leave in accordance with this policy or otherwise exercise their rights under the PMLA. Effect on
Other Rights and Policies

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The Company may provide other forms of leave for employees to care for medical conditions or for
reasons related to domestic violence or sexual assault under certain federal and state laws. In certain
situations, paid sick and safe leave under this policy may run at the same time as leave available under
another federal or state law, provided eligibility requirements for that law are met. The Company is
committed to complying with all applicable laws.
Employees should contact their Human Resources representative (HR@borderfoods.com) for
information about other federal or state medical or domestic violence-related leave rights.

Social Security Number Privacy Handbook Statement: Michigan

Employees must provide the Company with their social security number in order for the Company to
satisfy payroll, state and federal tax and insurance coverage requirements. Consistent with Michigan
law, the Company takes reasonable steps to maintain the confidentiality of social security numbers. All
documents and records containing social security numbers and information are kept in a secure
environment. Only authorized personnel with a legitimate business need may access records and
documents, both internal and external, that contain an employee's social security number and
identification information.
In addition to the Company's policy protecting against the disclosure of confidential information,
employees are prohibited from accessing, viewing, or using other employees' social security information
maintained by the Company.
When necessary, documents containing employee social security numbers will be properly destroyed
through shredding or other means before disposal.
Any employee who accesses social security data without authorization and/or for unlawful purposes will
be disciplined up to and including termination of employment and may be referred to authorities for
possible prosecution.
Montana:

Paid Sick and Safe Time Handbook Statement: Montana

MONTANA Paid Time Off (PTO) POLICY – Team Member & Shift leader

Team Members and Shift Managers will accrue PTO based on hours worked each pay period.

A. The number of PTO hours available to be accrued in a fiscal year is based on years of
service and hours worked per the following schedule:

Shift Lead

Full available balance remaining at the end of the year will rollover into the next year

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 Years of Maximum Annual Vacation Maximum
Service Accrual Earning Rate per Check Available Balance

0 up to 2 up to 1 week (40 hours) .01923 hours for every hour worked 40

2+ up to 2 weeks (80 hours) .03846 hours for every hour worked 80

Crew Member
Full available balance remaining at the end of the year will rollover into the next year

Years of Maximum Annual Vacation Maximum Available

Service Accrual Earning Rate per Check Balance

.01923 hours for every hour

0+ up to 1 week (40 hours) worked 40

o Employees rehired with less than a six-month break in service will be eligible to accrue PTO based
on their original hire date. Employees rehired with a break in service of six or more months will
accrue PTO as a new hire.

B. How PTO Works:

1. PTO is awarded per the accrual schedule on a fiscal year basis, beginning Day 1 Period 1
and ending the last day of Period 13.
2. PTO is accrued at an hourly rate based on each hour worked per pay period.
3. PTO cannot be taken before it is accrued.
4. PTO must be scheduled in accordance with restaurant staffing requirements and must be
approved in advance by the employee’s supervisor. Border Foods will try to
accommodate and employee’s request to take PTO, but reserves the right to deny PTO
requests based on such factors as restaurant operations, availability for coverage, other
employees vacation schedules, etc.

C. New Hires
1. New hires have a ninety (90) day waiting period before becoming eligible to use an PTO
time. New hires begin accruing PTO on their date of hire at the 0 years of service accrual
rate, and again, are not eligible to take PTO until after the ninety-day waiting period.

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 D. Separation from Employment
1. Accrued but not used PTO for the fiscal year will be paid to the employee at the
employee’s final hourly rate of pay in the following circumstances:
a. Voluntary separation or lay-off, and:
b. Dated and signed written notice received by the RGM or Above Restaurant
Leader a minimum of two weeks in advance of the last day of employment, and:
c. A minimum of two weeks’ notice must be worked.
d. PTO or Holiday pay cannot be used to satisfy any of the notice period.
e. If approved, the Above Restaurant Leader will request the PTO payout from the
payroll department.
In other words, an employee is not eligible for a PTO payout upon termination if they are terminated
involuntarily or quits voluntarily and a written two weeks’ notice is not signed, dated, received, and
worked out in its entirety.
2. Used but not accrued PTO time will be deducted from the employee’s final paycheck, in
accordance with applicable laws.
E. PTO Rollover
1. The employees’ entire PTO balance can be rolled over at the end of each fiscal year.
a. The maximum number of hours allowed in the employees’ available PTO
balance at any given time is the number of hours they will accrue in that year.
b. Example: If a Crew Member has 40 hours of PTO to rollover at the end of the
year are eligible to accrue up to 40 hours of PTO in a year, they will not accrue
any PTO until their balance falls below 40 hours.
Rescission
As with all policies, Border Foods reserves the right to revise or discontinue this policy without
prior notice.

MONTANA Paid Time Off (PTO) POLICY – AGM/GM/ARL

Recognizing the benefit of PTO to employees, Border Foods provides an annual PTO award to all
regular full-time AGMs, GMs, MITs, and ARLs.

F. The number of PTO days available to be accrued in a fiscal year is based on years of
service per the following schedule:
Above Restaurant Leader/General Manager/Assistant Manager

Full available balance remaining at the end of the year will rollover into the next year

Years of Service Maximum Annual Vacation Accrual Earning Rate per Check Maximum Available Balance

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 0 up to 1 up to 3 weeks (150 hours/15 days) Prorated* 150 hours

1 through 4 3 weeks (150/days) 5.77 hours 150 hours

5 through 9 4 weeks (200 hours/20 days) 7.69 hours 200 hours

10 through 24 5 weeks (250/25 days) 9.62 hours 250 hours

25 or more 6 weeks (300/30 days) 11.54 hours 300 hours

*Note: Prorated based on start date and the number of pay periods remaining in the year

o Employees rehired with less than a six-month break in service will be eligible to accrue PTO based
on their original hire date. Employees rehired with a break in service of six or more months will
accrue PTO as a new hire.

G. How PTO Works:

1. PTO is awarded per the accrual schedule on a fiscal year basis, beginning Day 1 Period 1
and ending the last day of Period 13.
2. PTO is accrued at an hourly rate on a per paycheck basis. The annual accrual is hours
divided by 26. For example, an AGM is eligible for three (3) weeks of PTO, 150 hours
maximum, and has an accrual rate of 150 divided by 26 or 5.77 hours per paycheck.
3. PTO can be taken before it is accrued only with supervisor approval. To help assess the
business needs, PTO will need to be approved by an “Above Restaurant Leader”, in
addition to the GM.
4. PTO time is accrued only while actively working. It is not accrued while on any approved
leave of absence such as, including but not limited to Short-Term or Long-Term Disability.
(See the “Leaves” section of the handbook for more information).
5. PTO may only be taken in one week increments unless an exception is approved by an
Above Restaurant Leader.
H. New Hires
1. In the first year of employment, new hires receive a prorated portion of the annual PTO
benefit based on date of hire and number of paychecks remaining. New hires have a
ninety (90) day waiting period before becoming eligible to use PTO time. New hires
begin accruing PTO on their date of hire at the 3-week (150 hours) accrual rate, and
again, are not eligible to take PTO until after the ninety-day waiting period.
I. Separation from Employment
1. Accrued but not used PTO for the fiscal year will be paid to the employee at the
employee’s final hourly rate of pay in the following circumstances:
a. Voluntary separation or lay-off, and:
b. Dated and signed written notice received by the GM or Above Restaurant
Leader a minimum of two weeks in advance of the last day of employment, and:
c. A minimum of two weeks’ notice must be worked.

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 d. PTO or Holiday pay cannot be used to satisfy any of the notice period.
e. If approved, the Above Restaurant Leader will request the PTO payout from the
payroll department.
In other words, an employee is not eligible for a PTO payout upon termination if they are terminated
involuntarily or quits voluntarily and a written two weeks’ notice is not signed, dated, received, and
worked out in its entirety.
2. Used but not accrued PTO time will be deducted from the employee’s final paycheck, in
accordance with applicable laws.
J. PTO Rollover
1. The employees’ entire PTO balance can be rolled over at the end of each fiscal year.
a. The maximum number of hours allowed in the employees’ available PTO
balance at any given time is number of hours they will accrue in that year.
b. Example: If an AGM has 150 hours of PTO to rollover at the end of the year and
they accrue 150 hours of PTO a year, they will not accrue any PTO until their
balance falls below 150 hours.
K. PTO Advancement
1. PTO cannot be advanced from a future year.
L. Family and Medical Leave (FMLA) and Short-Term Disability (STD)
1. During an approved FMLA OR STD leave, you may use any accrued PTO to cover those
time periods that are unpaid. The employee is responsible for informing his or her
supervisor and human resources department in advance of such leave whether he or
she wants to use PTO for time off or not.
M. Military Service
1. An employee’s annual two-week military training obligation does not count against
vacation time. Please refer to the Military Leave Policy for more information.
N. Status Changes (Promotions and Demotions)
1. If an employee is promoted from Team Member/Shift Manager to an AGM/GM position,
they will keep their accrued but not used PTO time.
2. At the time of an employee’s promotion or demotion, they will begin accruing “eligible
employee” PTO benefits under the appropriate PTO policy based on their new position.
a. The PTO benefit is not allowed to exceed the maximum annual PTO benefit for
which the employee is eligible for under the plan associated with their
promotion or demotion.
b. See the Team Member & Shift Manager PTO policy for accrual rates and
additional accrual rules.
O. Other PTO Notes 1. If a recognized holiday occurs during approved PTO, the holiday time is not
counted as PTO. 2. PTO should be requested as far in advance as possible, preferably at
least four (4) weeks.
3. PTO requests are approved at the discretion of their supervisor to assure adequate
staffing for the current work requirements.
Rescission

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 As with all policies, Border Foods reserves the right to revise or discontinue this policy
without prior notice.

Acknowledgement and Receipt

I acknowledge that I have received and read a copy of the Border Foods Employee Handbook (including
the state supplement for the state in which I work, if applicable). I understand that the Employee
Handbook (and the state supplement, if applicable) set forth the terms and conditions of my
employment with Border Foods as well as the duties, responsibilities, and obligations of employment
with Border Foods. I agree to abide by and be bound by the rules, policies and standards set forth in the
Employee Handbook (and state supplement, if applicable).
I acknowledge that, except where required otherwise by applicable state law, my employment with
Border Foods is at-will, meaning that it is not for a specified period of time and that the employment
relationship may be terminated at any time for any reason, with or without cause or notice, by me or
Border Foods. I further acknowledge that only the owner of the company has the authority to
enter into an agreement that alters the at-will employment relationship, and any such agreement
must be in writing and signed by the owner.
I further acknowledge that Border Foods reserves the right to revise, delete and add to the provisions of
the Employee Handbook and state supplement, and that all such revisions, deletions or additions must
be in writing. No oral statements or representations can change the provisions of the handbook or
supplement. Furthermore, the Company's policy of at-will employment may only be changed as stated in
the prior paragraph.
I understand and acknowledge that nothing in this Employee Handbook or in any other document or
policy is intended to prohibit me from reporting concerns, making lawful disclosures, or communicating
with any governmental authority about conduct I believe violates any laws or regulations. I also
understand and acknowledge that nothing about the policies and procedures set forth in this Employee
Handbook should be construed to interfere with any employee rights provided under state or federal
law, including Section 7 of the National Labor Relations Act.
I have read and understand the above statements.
_______________________________________________
Employee Signature

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_______________________________________________ Print
Name
_______________________________________________
Date
___________________________________________________

Revision Date 1/2024

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