Sugar Shoes Bakery Manual 12.2014

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Sugar Shoes Bakery EMPLOYEE HANDBOOK Prepared By: Kathleen Haupt, Owner and Proprietor 12/2014 NOTE: The content of this manual does not constitute nor should it be construed as a promise of employment or as a contract between Sugar Shoes Bakery and any of its employees. Sugar Shoes Bakery at its option, may change, delete, suspend, or discontinue parts or the policy in its entirety, at any time without prior notice. Effective 12/01/2014 Last printed 12/17/2014 8:21 A.M.

Transcript of Sugar Shoes Bakery Manual 12.2014

Page 1: Sugar Shoes Bakery Manual 12.2014

Sugar Shoes Bakery

EMPLOYEE HANDBOOK

Prepared By: Kathleen Haupt, Owner and Proprietor

12/2014

NOTE: The content of this manual does not constitute nor should it be construed as a promise of employment or

as a contract between Sugar Shoes Bakery and any of its employees.

Sugar Shoes Bakery at its option, may change, delete, suspend, or discontinue parts or the policy in its entirety, at

any time without prior notice.

Effective 12/01/2014

Last printed 12/17/2014 8:21 A.M.

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TABLE OF CONTENTS

1. INTRODUCTION 1.1 WELCOME 3 1.2 COMPANY HISTORY 3 1.3 COMPANY OBJECTIVE AND CODE OF CONDUCT 3

2. EMPLOYEE DEFINITION AND JOB DESCRIPTIONS 2.1 MANAGER 4 2.2 ASSISTANT MANAGER 5 2.3 APPRENTICE BAKER 6 2.4 COUNTER ATTENDANT 7

2.5 DISHWASHER/ CUSTODIAL 8 3. PAID TIME OFF POLICY

3.1 PAID HOLIDAY SCHEDULE 9 3.2 SICK TIME POLICY/PERSONAL LEAVE POLICY 9 3.3 JURY DUTY POLICY 10 3.4 WEATHER-RELATED AND EMERGENCY-RELATED CLOSINGS 10

4. DRESS CODE AND CODE OF CONDUCT 4.1 DRESS CODE 11 4.2 CODE OF CONDUCT 11

5. PAY/ SALARY POLICY 5.1 SALARY AND HOURLY WAGES POLICY 12 5.2 PERFORMANCE AND SALARY REVIEWS 12

5.3 OVERTIME POLICY 13 5.4 PAYROLL AND PAY DAYS 16 5.5 OPPORTUNITIES FOR ADVANCEMENT- PROGRESSION AND PROMOTION 16

6. TERMINATION POLICY 6.1 POLICY FOR TERMINATION 16

7. SHORT TERM AND LONG TERM DISABILITY POLICY 7.1 SHORT TERM DISABILITY POLICY/ LONG TERM DISABILITY POLICY 17

8. COMPANY BENEFITS 8.1 HEALTH, VISION, AND DENTAL BENEFITS 19

9. LEGAL INFORMATION 9.1 AMERICANS WITH DISABILITY ACT 20 9.2 EEOC GUIDELINES 21 9.3 SEXUAL HARRASSMENT 22 9.4 MATERNITY LEAVE 24

10. AWKNOWLEDGEMENT 10.1 AWKNOWLEDGEMENT SIGNATURE PAGE 25

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INTRODUCTION

This document has been developed by Kathleen Haupt, Owner and Proprietor, in

order to familiarize employees of Sugar Shoes Bakery and provide information

about working conditions, key policies, procedures, and benefits affecting

employment at Sugar Shoes Bakery.

1.1 WELCOME

Welcome to Sugar Shoes Bakery! I am happy to have you as a new member of our

team.

1.2 HISTORY

I started this company in my personal kitchen with my own girl’s birthday cakes

and cupcakes for their friends. I found that I enjoyed making cakes, and that I was

very good at. I decided to make cakes and cupcakes for friends, and they too

enjoyed the goodies I made. I went to business school a few years later so that I

would have the other skills I needed to make this business successful.

1.3 COMPANY OBJECTIVE AND CODE OF CONDUCT

The mission of Sugar Shoes Bakery is to spread smiles all over our community one

cupcake at a time. Superb quality in my products and great service is very

important to me. I expect your best customer service every day. When we treat

our fellow employees and our customers with respect we make our work place a

better place.

Foul and derogatory language, aggressive behavior, gossiping and back biting will

not be tolerated.

My goal is to create a happy and healthy work environment where everyone can

succeed.

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EMPLOYEE DEFINITION AND JOB DESCRIPTIONS

2.1 MANAGER

The duties of the Manager include the following:

The manager will handle all new hire procedures;

Interviews, orientation and all paperwork required for new hires.

Confirm availability for work schedules

Enforce all company policies including pay schedules, work schedules, and

the dress code.

Gathering of time cards and tallying hours worked for pay.

They will also be responsible for the 6 month employee reviews. Following the

semi-annual review the manager will advise the owner on all employee status.

They will then be responsible to terminate problem employees.

The manager will also make themselves available to the counter attendant if

there is a line of customers more than 2, answering phones if counter attendant is

assisting customers, and assisting with order taking.

The manager will be responsible for the store orders. This includes;

Ordering the supplies for the bakery supplies and ingredients

Ordering the service and paper supplies, and the cleaning supplies

Receipt and signing for all store orders upon delivery.

Responsible for all invoices, and the end of day receipts. (These receipts and

invoices will need to be collected and sorted for the accountant. Included in these

papers is the daily sorting of the stores mail. Bills, such as electric and water bills, will

need to be added to the invoices sent to the accountant.)

The daily sales and receipts will need to be tallied and monies prepared for

bank deposits.

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2.2 ASSISTANT MANAGER

The Assistant Manager will “assist” the manager in all daily duties, as well as;

Write daily schedule for all hourly employees.

Manage daily work assignments for scheduled employees.

Balance time off calendar for employees

Mark all incoming ingredients with "fresh dates"

Refrigerate all cold ingredients and store all others in their appropriate

places.

Assist in front of store duties with managing customers, taking orders,

answering phones, etc.

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2.3 APPRENTICE BAKER

The main job for this person is to assist the Head Baker in making all daily

products, and special orders, as well as;

Assist is taking orders for specialty orders from customers

Weekly ingredient list inventory for next week's orders

Prep “mise en place”, or organize all needed ingredients for current day

orders

Check status of orders due for delivery

Assist in baking special orders and daily product for store front

Maintain "fresh dates" for ingredients and baked product- rotate as needed

Throw away old, keeping and inventory of all “waste” and adjusting supply

orders if needed

Help maintain orders of needed ingredients and supplies

Maintain clean and orderly freezer, fridge, and pantry for supplies and

orders

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2.4 COUNTER ATTENDANT

You are the face of my business, the first person customers see when they come

in the front door. Your duties include the following:

Customer service

Cash handling

Answering the phone

Keeping the front of store clean: tables, counters, bakery case glass, and fill

napkins

Make coffee and keep fresh coffee in pot

Serve drinks and goodies to customers

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2.5 DISHWASHER/ CUSTODIAL

Yours will feel like a thank-less job, but know how important you are to the

success of my business. I cannot bake all the goodies that I sell that makes your

pay check possible without a clean kitchen, clean dishes, and a clean store front

for the customers to enjoy.

Your daily duties include the following;

Maintain a clean kitchen through the day

Wash all dishes

Put all away dishes

At close of business: mop floor, empty all trash cans, clean bathrooms

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PAID TIME OFF POLICY

Store hours are as follows:

Sunday: Closed

Monday- Friday: 8am - 4 pm

Saturday: 7am – 3pm

3.1 PAID HOLIDAY SCHEDULE

Holiday’s the store will be closed:

New Year’s Day

Thanksgiving Day

Christmas Day

After 12 months consecutive employment these days will be paid holidays.

3.2 SICK TIME POLICY/ VACATION or PERSONAL TIME POLICY

All employees will be given 5 days for sick/ vacation time at the time of starting.

After you have worked, consecutively, for 12 months you will earn 10 sick/

vacation days.

In order to redeem your vacation days you must put in request, in writing, 2

weeks before the time off is requested.

In order to redeem your sick days you must notify management before your shift

starts. If you do not notify management before your shift begins, it will be

considered a no call/ no show. Any exceptions will be determined by

management.

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3.3 JURY DUTY POLICY

“Pennsylvania employers are not required to pay employees for time lost to jury

duty. However, many private employers, the Commonwealth, and various

municipalities, including the City of Philadelphia, do so in recognition of the

critical importance of jury service.

Your employer may not fire or demote you, nor can they deprive you of seniority

or other benefits because you have responded to a jury summons or have served

as a juror. 42 Pa. C.S. § 4563. Although this statute exempts certain smaller

employers, employees of such employers may be excused from jury service upon

request.” www.pmconline.org

3.4 WEATHER-RELATED and EMERGENCY-RELATED CLOSINGS

If there is severe enough weather to close the store you will be notified by

management prior to the start of your shift. If the weather becomes severe

during your shift it will be up to management to decide if the store will be closed

early.

If you are not notified, you will be expected to fulfill you shift. If you are unable to

make it to the store, you must notify management prior to the start of your shift.

You can either use one of your sick/ vacation days, or take the day without pay.

If there is an emergency-related closing, you will be notified as soon as possible.

You will be given the option to either use one of your sick/ vacation days, or take

the day without pay.

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DRESS CODE AND CODE OF CONCUCT

4.1 DRESS CODE

All employees will wear:

Black t-shirts. Clean, with no tears, logos, words, pictures, team logos or insignia, etc.

Jeans with no tears or holes.

Sneakers or comfortable casual shoes. No sandals, flip flops, slippers, or UGG style boots. All shoes will need to have nonskid soles.

The cashiers and front of store employees will wear an apron. A choice of a full or half apron will be given. It will be the employee’s responsibility to keep their apron clean.

Small and simple jewelry is allowed.

The head baker and the apprentice baker will wear:

White chef’s coats.

Small stud earrings are acceptable, however dangling earrings, bracelets, rings, and watches are not allowed.

All employees with long hair will wear their hair up, in ponytails, buns, clips, etc. When working in the kitchen all employees will wear hair nets.

4.2 CODE OF CONDUCT

The customer’s needs come first. You will be polite and respectful at all times. When greeting customers either on the phone or in person you will do this with a smile. Remember that without them you do not have a paycheck, and I do not have a business.

However, if a customer or fellow employee becomes difficult, find your manager immediately. Rude and disrespectful behavior will not be tolerated from anyone at any time. It is management’s responsibility to handle these issues.

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Here are a few DO NOT’s:

NO CELL PHONES ALLOWED at the front counter.

NO FRIENDS or FAMILY will be allowed behind the counter or in the back of the bakery

NO hats or chewing gum

NO eating at the front counter

NO giving out “samples” without managements approval

PAY/ SALARY MERIT PLOICY

5.1 SALARY AND HOURLY WAGES POLICY

“The Department of Labor’s Wage and Hour Division (WHD) is responsible for enforcing some of the nation’s most comprehensive federal labor laws on topics including the minimum wage, overtime pay, recordkeeping, child labor, family and medical leave, migrant and seasonal worker protections, lie detector tests, worker protections in certain temporary guest worker programs, and the prevailing wages for government-funded service and construction contracts. Collectively, these laws cover most private, state, and local government employment, and protect over 135 million workers in more than 7.3 million establishments nationwide.” http://www.dol.gov

The minimum hourly wage in Pennsylvania is $7.25 per hour. All hourly employees will start at this wage.

5.2 PERFORMANCE AND SALARY REVIEWS

An employee review will be conducted, by management, every 6 months. With 2 consecutive positive evaluations you will receive an additional $0.25 per hour the first year, and $0.50 the second year, and every year after that.

Management will be the only salary employees. Their pay will be determined by Kathleen Haupt, the owner and proprietor of Sugar Shoes Bakery.

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5.3 OVERTIME POLICY

PENNSYLVANIA GUIDELINES

“New overtime rules in the federal Fair Labor Standards Act take effect nationwide on Monday, Aug. 23, 2004. Pennsylvania employers will need to follow both the new federal overtime rules and the overtime requirements of Pennsylvania's Minimum Wage Act. Pennsylvania employers should follow the rule that provides the greater benefit to the employee where there are differences between the two laws.

An employee is entitled to at least minimum wage and overtime pay at time and a half for all hours worked over 40 hours per week. However, the federal Fair Labor Standards Act (FLSA) and Pennsylvania’s Minimum Wage Act do not require overtime pay for “any employee engaged in a bona-fide executive, administrative, or professional capacity” who is paid on a salaried basis instead of an hourly wage. (29 U.S.C. § 213a(1), 43 P.S. § 333.105a(5)).

The United States Department of Labor (USDOL) published its revised final regulations concerning its overtime requirements under the FLSA on April 23, 2004. (29 CFR 541). The new federal regulations take effect on August 23, 2004. The new federal overtime regulations revise the types of workers eligible for overtime and set a higher salary cap for eligible workers (See: www.dol.gov).

Impact on Pennsylvania Employers

Pennsylvania employers must still comply with the overtime requirements of Pennsylvania's Minimum Wage Act (35 P.S. § 333.101 et seq.) and regulations. (34 Pa. Code § 231.1 et seq.). Pennsylvania’s existing state requirements are still in effect. Pennsylvania’s current requirements are substantially similar to the earlier federal standards. Employers must follow Pennsylvania’s regulations even if these rules are more stringent for employers than the revised federal requirement. Federal law (29 USCS § 218) and the new federal rules (29 C.F.R. 541.4) specifically state that federal law does not affect enforcement of state overtime requirements, such as Pennsylvania's requirements.

The USDOL enforces Federal rules contained in the FLSA and related regulations. The Pennsylvania Department of Labor and Industry (L&I) enforces Pennsylvania’s minimum wage requirements contained in the Minimum Wage Act and related regulations.

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Differences Between Overtime Requirements

Current Pennsylvania law and regulations requiring overtime payment remain in effect and will be enforced regardless of the changes to the federal rules. For example, Pennsylvania does not allow an employer to restrict overtime if an employee earns a certain salary. The revised federal regulations allow an employer to restrict overtime if an employee is earning over $100,000 annually. However, this federal exclusion does not apply to Pennsylvania employees because of Pennsylvania law.

Pennsylvania employers must be aware that the federal or Pennsylvania overtime provision that provides for the greater benefit to the employee is the standard that will be enforced. An employer must pay overtime if the new Federal rules or Pennsylvania law requires overtime payment.

For example, the Federal rules do not require overtime for computer employees. However, Pennsylvania law currently requires overtime for computer employees. accordingly, overtime must be paid to computer employees if there are no other Pennsylvania laws excluding these employees from overtime.

Also, the Federal rules increase the minimum threshold’s required salary to $455 per week, or $23,660 annually. An executive, administrative, or professional employee must make this amount, at least, or overtime is required. Pennsylvania still maintains its test to determine whether the exemption applies to employees making a weekly salary over $155.00. However, an employer would violate Federal rules if the employer did not pay overtime to an employee making below $455 per week or $23,600 annually.

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Information

The USDOL provides information on its overtime requirements. (www.dol.gov). However, L&I will provide additional notification and conduct other outreach efforts to assure that employers are complying with Pennsylvania's overtime requirements. L&I’s Bureau of Labor Law Compliance enforces Pennsylvania’ wage laws, including the Minimum Wage Act. Copies of the Minimum Wage Act and regulations, information on overtime and complaint forms may be obtained from the following:

Bureau of Labor Law Compliance 1301 Labor & Industry Building 651 Boas Street Harrisburg, PA 17121 Tel. 717-787-4671 or 1-800-932-0665 Website: www.dli.state.pa.us

FEDERAL GUIDELINES

The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime is worked on such days.

The Act applies on a workweek basis. An employee's workweek is a fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods. It need not coincide with the calendar week, but may begin on any day and at any hour of the day. Different workweeks may be established for different employees or groups of employees. Averaging of hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned.

www.dol.gov

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5.4 PAYROLL and PAY DAYS

Payroll will be handled by the manager collecting time cards, tallying the time worked. I will then write the checks. Time will be collected every Friday, to be paid the following Thursday. Any incomplete or incorrect time cards will delay a correct pay. Time cards are the responsibility of the employee. If a time punch is incorrect, it is you responsibility to bring this to the attention of management immediately to avoid any delays.

5.5 OPPORTUNITIES FOR ADVANCEMENT- PROGRESSION AND PROMOTION

With consistent positive performance reviews and hard work, the position of

baker’s apprentice, assistant manager, and manager positions can be attained

when an opening presents.

TERMINATION POLICY

6.1 POLICY FOR TERMINATION

“Pennsylvania is an 'AT WILL ' state. An employer does not need to give a reason to fire an employee under Pennsylvania wage and hour laws. However, you may wish to check with an attorney to see whether or not you can file a civil lawsuit against your employer for wrongful discharge. Also, if you feel you were discriminated against because of race, creed, color, age, religion, sex, or similar reason, you may wish to contact the Pennsylvania Human Relations Commission at 1-717-787-4410.” http://www.portal.state.pa.us

The policy practiced at this store will be as follows:

The first warning will be verbal to you then noted in your employee file as a verbal warning.

The second will be a write up, also noted in your employee file.

You will be allowed 3 write-ups before termination.

2 no-call/ no-show is grounds for immediate termination.

Coming to work intoxicated- immediate termination

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SHORT TERM AND LONG TERM DISABILITY POLICY

7.1 SHORT TERM DISABILITY POLICY/ LONG TERM DISABILITY POLICY

FEDERAL GUIDELINES

When employees are injured or disabled or become ill on the job, they may be entitled to medical and/or disability-related leave under two federal laws: the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). In addition, state Workers' Compensation laws have leave provisions that may apply. Depending on the situation, one or more of these laws can apply to the same employee. To help employers understand their responsibilities related to medical and disability-related leave, an overview of each is provided below, including information about where the laws intersect and overlap.

Workers' Compensation laws apply to almost all employers. Workers' Compensation is a form of insurance that provides financial assistance, medical care and other benefits for employees who are injured or disabled on the job. Except for federal government employees and certain other groups of employees, Workers' Compensation laws are administered at the state level.

Covered employers: Because each state has its own system, coverage varies. As a general rule, Workers' Compensation laws apply to all employers with one or more employees.

Covered employees: In most states, all employees are covered. An on-the-job injury triggers coverage.

Medical and disability-related leave rules : Injured employees receive varying amounts of paid leave, depending on the state and the nature of the injury.

Additional information: Each state has an agency that administers its Workers' Compensation laws. For information about Workers' Compensation for federal government employees and certain other groups of employees, contact the U.S. Department of Labor (DOL) Office of Workers' Compensation Programs.

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The Americans with Disabilities Act (ADA) is a federal law that protects the rights of people with disabilities by eliminating barriers to their participation in many aspects of working and living in America. In particular, Title I of the ADA prohibits covered employers from discriminating against people with disabilities in the full range of employment-related activities, from recruitment to advancement to pay and benefits.

Covered employers: Title I of the ADA applies to employers (including state or local governments) with 15 or more employees and to employment agencies, labor organizations and joint labor-management committees with any number of employees.

Covered individuals: The ADA protects individuals with a disability who are qualified for the job, meaning they have the skills and qualifications to carry out the essential functions of the job, with or without accommodations. An individual with a disability is defined as a person who: (1) has a physical or mental impairment that substantially limits one or more major life activities; (2) has a record of such an impairment; or (3) is regarded as having such an impairment.

Medical and disability-related leave rules: The ADA does not specifically require employers to provide medical or disability-related leave. However, it does require employers to make reasonable accommodations for qualified employees with disabilities if necessary to perform essential job functions or to benefit from the same opportunities and rights afforded employees without disabilities. Accommodations can include modifications to work schedules, such as leave. There is no set leave period mandated because accommodations depend on individual circumstances and should generally be granted unless doing so would result in "undue hardship" to the employer.

Additional information: The U.S. Equal Employment Opportunity Commission (EEOC) enforces the ADA's employment provisions. The EEOC Web site offers related information and resources, including specific guidance about accommodations for small businesses.

The Job Accommodation Network (JAN) is a free service sponsored by DOL's Office of Disability Employment Policy that provides information on specific job accommodations, including leave. JAN can be contacted by calling 1-800-526-7234 or 1-800-ADA-WORK (1-800-232-9675) (V/TTY).

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PENNSYLVANIA RESOURCES

Bureau of Workers' Compensation Department of Labor and Industry 1171 S. Cameron Street, Rm. 324 Harrisburg, PA 17104-2501 (717) 783-5421 or 1-800-482-2383

COMPANY BENEFITS

8.1 HEALTH, VISION, AND DENTAL BENEFITS

I must offer coverage to all full-time employees. Generally this means those working 30 or more hours per week on average. I am not required to offer coverage to part-time employees – generally those who work 29 hours per week or fewer.

There will be no health, vision, or dental benefits offered at this time.

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LEGAL INFORMATION

9.1 AMERICANS WITH DISABILITY ACT

The Americans with Disabilities Act of 1990 (ADA) prohibits discrimination and

ensures equal opportunity for persons with disabilities in employment, State and

local government services, public accommodations, commercial facilities, and

transportation. It also mandates the establishment of TDD/telephone relay

services. The current text of the ADA includes changes made by the ADA

Amendments Act of 2008 (P.L. 110-325), which became effective on January 1,

2009. The ADA was originally enacted in public law format and later rearranged

and published in the United States Code.

THE 2010 REGULATIONS

On Friday, July 23, 2010, Attorney General Eric Holder signed final regulations

revising the Department's ADA regulations, including its ADA Standards for

Accessible Design. The official text was published in the Federal Register on

September 15, 2010 (corrections to this text were published in the Federal

Register on March 11, 2011).

The revised regulations amend the Department's 1991 title II regulation (State

and local governments), 28 CFR Part 35, and the 1991 title III regulation (public

accommodations), 28 CFR Part 36. Appendix A to each regulation includes a

section-by-section analysis of the rule and responses to public comments on the

proposed rule.

These final rules went into effect on March 15, 2011, and were published in the

2011 edition of the Code of Federal Regulations (CFR). http://www.ada.gov

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9.2 EEOC GUIDELINES

The U.S. Equal Employment Opportunity Commission enforces Federal laws

prohibiting employment discrimination. These laws protect you against

employment discrimination when it involves:

Unfair treatment because of your race, color, religion, sex (including

pregnancy), national origin, age (40 or older), disability or genetic

information.

Harassment by managers, co-workers, or others in your workplace, because

of your race, color, religion, sex (including pregnancy), national origin, age

(40 or older), disability or genetic information.

Denial of a reasonable workplace accommodation that you need because of

your religious beliefs or disability.

Retaliation because you complained about job discrimination, or assisted

with a job discrimination investigation or lawsuit.

If you believe that you have been discriminated against at work, you can file a

"Charge of Discrimination." All of the laws enforced by EEOC, except for the Equal

Pay Act, require you to file a Charge of Discrimination with us before you can file a

job discrimination lawsuit against your employer. In addition, an individual,

organization, or agency may file a charge on behalf of another person in order to

protect the aggrieved person's identity.

Note: Federal employees and job applicants have similar protections, but

a different complaint process.

Not all employers are covered by the laws we enforce, and not all employees are

protected. This can vary depending on the type of employer, the number of

employees it has, and the type of discrimination alleged. Also, there are strict

time limits for filing a charge that you should be aware of. Because of this, we

strongly urge you to read the following information to help determine your rights

and what action you need to take.

www.eeoc.gov

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9.3 SEXUAL HARRASSMENT

It is unlawful to harass a person (an applicant or employee) because of that

person’s sex. Harassment can include “sexual harassment” or unwelcome sexual

advances, requests for sexual favors, and other verbal or physical harassment of a

sexual nature.

Harassment does not have to be of a sexual nature, however, and can include

offensive remarks about a person’s sex. For example, it is illegal to harass a

woman by making offensive comments about women in general.

Both victim and the harasser can be either a woman or a man, and the victim and

harasser can be the same sex.

Although the law doesn’t prohibit simple teasing, offhand comments, or isolated

incidents that are not very serious, harassment is illegal when it is so frequent or

severe that it creates a hostile or offensive work environment or when it results in

an adverse employment decision (such as the victim being fired or demoted).

The harasser can be the victim's supervisor, a supervisor in another area, a co-

worker, or someone who is not an employee of the employer, such as a client or

customer.

www.eeoc.gov

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9.5 MATERNITITY LEAVE

Pregnancy discrimination involves treating a woman (an applicant or employee) unfavorably because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth.

Pregnancy Discrimination & Work Situations

The Pregnancy Discrimination Act (PDA) forbids discrimination based on pregnancy when it comes to any aspect of employment, including hiring, firing, pay, job assignments, promotions, layoff, training, fringe benefits, such as leave and health insurance, and any other term or condition of employment.

Pregnancy Discrimination & Temporary Disability

If a woman is temporarily unable to perform her job due to a medical condition related to pregnancy or childbirth, the employer or other covered entity must treat her in the same way as it treats any other temporarily disabled employee. For example, the employer may have to provide light duty, alternative assignments, disability leave, or unpaid leave to pregnant employees if it does so for other temporarily disabled employees.

Additionally, impairments resulting from pregnancy (for example, gestational diabetes or preeclampsia, a condition characterized by pregnancy-induced hypertension and protein in the urine) may be disabilities under the Americans with Disabilities Act (ADA). An employer may have to provide a reasonable accommodation (such as leave or modifications that enable an employee to perform her job) for a disability related to pregnancy, absent undue hardship (significant difficulty or expense). The ADA Amendments Act of 2008 makes it much easier to show that a medical condition is a covered disability. For more information about the ADA, see http://www.eeoc.gov/laws/types/disability.cfm. For information about the ADA Amendments Act, see http://www.eeoc.gov/laws/types/disability_regulations.cfm.

Pregnancy Discrimination & Harassment

It is unlawful to harass a woman because of pregnancy, childbirth, or a medical condition related to pregnancy or childbirth. Harassment is illegal when it is so frequent or severe that it creates a hostile or offensive work environment or when it results in an adverse employment decision (such as the victim being fired

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or demoted). The harasser can be the victim's supervisor, a supervisor in another area, a co-worker, or someone who is not an employee of the employer, such as a client or customer.

Pregnancy, Maternity & Parental Leave

Under the PDA, an employer that allows temporarily disabled employees to take disability leave or leave without pay, must allow an employee who is temporarily disabled due to pregnancy to do the same.

An employer may not single out pregnancy-related conditions for special procedures to determine an employee's ability to work. However, if an employer requires its employees to submit a doctor's statement concerning their ability to work before granting leave or paying sick benefits, the employer may require employees affected by pregnancy-related conditions to submit such statements.

Further, under the Family and Medical Leave Act (FMLA) of 1993, a new parent (including foster and adoptive parents) may be eligible for 12 weeks of leave (unpaid or paid if the employee has earned or accrued it) that may be used for care of the new child. To be eligible, the employee must have worked for the employer for 12 months prior to taking the leave and the employer must have a specified number of employees. See http://www.dol.gov/whd/regs/compliance/whdfs28.htm.

Pregnancy & Workplace Laws

Pregnant employees may have additional rights under the Family and Medical Leave Act (FMLA), which is enforced by the U.S. Department of Labor. Nursing mothers may also have the right to express milk in the workplace under a provision of the Fair Labor Standards Act enforced by the U.S. Department of Labor’s Wage and Hour Division. See http://www.dol.gov/whd/regs/compliance/whdfs73.htm.

For more information about the Family Medical Leave Act or break time for nursing mothers, go to http://www.dol.gov/whd, or call 202-693-0051 or 1-866-487-9243 (voice), 202-693-7755 (TTY).

www.eeoc.gov

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ACKNOWLEDGMENT

I acknowledge that I have received a copy of the Sugar Shoes Bakery Employee handbook, and that I will read and follow these policies.

I am aware that if, at any time, I have questions regarding the Sugar Shoes Bakery company policies I should direct them to my manager or the owner, Kathleen Haupt.

I know that Sugar Shoes Bakery company policies and other related documents do not form a contract of employment and are not a guarantee by Sugar Shoes Bakery of the conditions and benefits that are described with in them. Nevertheless, the provisions of such Sugar Shoes Bakery company policies are incorporated into the acknowledgement, and I agree that I shall abide by its provisions.

I am also aware that Sugar Shoes Bakery, at any time, may on reasonable notice, change, add to, or delete from the provisions of the company policies.

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Employee’s Printed Name Position

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Employee’s Signature Date