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Page 1: POLICIES AND WORK RULES GUIDE1.3 Employee Manual 6_2011.pdf · Unilever. Ben & Jerry's Board of Directors approve Unilever's offer of $326 million ($43.60 per share, for 8.4 million

POLICIES AND WORK RULES GUIDE

Page 2: POLICIES AND WORK RULES GUIDE1.3 Employee Manual 6_2011.pdf · Unilever. Ben & Jerry's Board of Directors approve Unilever's offer of $326 million ($43.60 per share, for 8.4 million

POLICIES AND WORK RULES GUIDE Initials _______ © Hula Girl Ice Cream & Desserts, LLC 2006 Confidential Page 2 of 2

Table of Contents

HULA GIRL ICE CREAM & DESSERTS, LLC...................................................................................... 5 Contact Information.......................................................................................................................... 5 Corporate Offices ............................................................................................................................. 5 Scoop Shops.................................................................................................................................... 5 Our Business Philosophy ................................................................................................................. 5 Equal Opportunity ............................................................................................................................ 6

BEN & JERRY’S .................................................................................................................................. 7 History.............................................................................................................................................. 7 Statement of Mission........................................................................................................................ 8 Manufacturing Facilities.................................................................................................................... 8 Product Summary ............................................................................................................................ 9 Product Quality................................................................................................................................. 9 Customer Service Standards.......................................................................................................... 10

EMPLOYEE POLICIES...................................................................................................................... 12 Hours of Operation......................................................................................................................... 12 Schedules ...................................................................................................................................... 12 Absence......................................................................................................................................... 12 Illness and Personal or Family Emergency..................................................................................... 13 Covering Other Employee’s Shifts.................................................................................................. 13 Employee Dress Code ................................................................................................................... 13 Employee Appearance ................................................................................................................... 14 Timekeeping and Clocking in ......................................................................................................... 14 Appropriate Behavior on the Job .................................................................................................... 14 Eating in the Workplace ................................................................................................................. 14 Washing Hands/Ice Cream Handling.............................................................................................. 14 Visits from Friends ......................................................................................................................... 15 Interactions with Customers ........................................................................................................... 15 Breaks & Meal Periods................................................................................................................... 15 Meals ............................................................................................................................................. 15 Employee Discounts....................................................................................................................... 16 Friend Discounts ............................................................................................................................ 16 Event Travel and Event Pay Rates................................................................................................. 16 Cash Handling Procedures............................................................................................................. 16 Tip policy........................................................................................................................................ 17 Telephone Use............................................................................................................................... 17 Cell Phone Use .............................................................................................................................. 18 Computer Use................................................................................................................................ 18 Employee Lockers.......................................................................................................................... 18 Marketing Message........................................................................................................................ 18 Drugs & Alcohol ............................................................................................................................. 18 Smoking......................................................................................................................................... 19 Sexual Harassment........................................................................................................................ 19 Violence in the Workplace.............................................................................................................. 20 Presence in Corporate Offices ....................................................................................................... 20 Attending Staff Meetings ................................................................................................................ 20 Security & Emergency Procedures................................................................................................. 20 Surveillance in the Workplace ........................................................................................................ 20 Confidentiality & Non-Compete ...................................................................................................... 21 Access to Employee Files .............................................................................................................. 21

Page 3: POLICIES AND WORK RULES GUIDE1.3 Employee Manual 6_2011.pdf · Unilever. Ben & Jerry's Board of Directors approve Unilever's offer of $326 million ($43.60 per share, for 8.4 million

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Equal Employment Opportunity Statement..................................................................................... 21 Work Rules and Consequences ..................................................................................................... 21

Safety and Security ............................................................................................................................ 22 Customer Accidents & Injuries ....................................................................................................... 22 Power Outages .............................................................................................................................. 22 Walkouts ........................................................................................................................................ 22 Shoplifting ...................................................................................................................................... 23 Robberies....................................................................................................................................... 23 Short Change Artists ...................................................................................................................... 24 Counterfeit Money.......................................................................................................................... 24 Theft From the Register ................................................................................................................. 24

COMMUNICATIONS.......................................................................................................................... 25 Complaints/Suggestions for Improvement ...................................................................................... 25 Pat-on-the-Back Program............................................................................................................... 25

COMPENSATION/BENEFITS............................................................................................................ 25 Employment Status ........................................................................................................................ 25 Pay Rates ...................................................................................................................................... 25 Pay dates ....................................................................................................................................... 25 Hiring Probation ............................................................................................................................. 26 Incentives....................................................................................................................................... 26 Overtime ........................................................................................................................................ 26 Holidays ......................................................................................................................................... 26 Payroll Deductions ......................................................................................................................... 26 Workers Compensation.................................................................................................................. 26 Unemployment Compensation ....................................................................................................... 27 Leave of Absence .......................................................................................................................... 27

ASSESSMENT/PROMOTION............................................................................................................ 27 New Hire Training .......................................................................................................................... 27 Assessments.................................................................................................................................. 27 Promote Yourself Program............................................................................................................. 27

Job Duties.......................................................................................................................................... 27 Level 1 – Trainee ........................................................................................................................... 27 Level 2 – Scooper .......................................................................................................................... 27 Level 3 – Senior Scooper ............................................................................................................... 28 Level 4 – Shift Leader .................................................................................................................... 28 Level 5 - Assistant Manager ........................................................................................................... 28 Level 6 – Store Manager ................................................................................................................ 29 Additional Positions........................................................................................................................ 29 Policies and Work Rules Guide Acknowledgement and Acceptance .............................................. 31 Confidentiality Policy ...................................................................................................................... 31 At Will Acknowledgement and Acceptance..................................................................................... 31 Policies and Work Rules Change Acknowledgement and Acceptance ........................................... 31

NOTE: THIS POLICIES AND WORK RULES GUIDE IS NOT A CONTRACT FOR EMPLOYMENT AND SHALL NOT BE CONSTRUED TO SUGGEST, DIRECTLY OR INDIRECTLY, PERMANENT, LIFETIME OR ANY FIXED TERM OF EMPLOYMENT. THE DURATION OF EMPLOYMENT WILL NOT BE FOR ANY SPECIFIED TERM AND MAY BE TERMINATED AT WILL BY YOU OR AT WILL BY THE COMPANY, WITH OR WITHOUT CAUSE, AND WITH OR WITHOUT NOTICE, AT ANY TIME. MANAGEMENT RESERVES THE RIGHT TO CHANGE POLICIES, WORK RULES, PROCEDURES, BENEFITS, OR PAY STRUCTURE, AT ANY TIME.

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ALSO NOTE: ONLY THE PRESIDENT OF THE COMPANY HAS THE AUTHORITY TO ENTER INTO AN AGREEMENT FOR ANY SPECIFIED PERIOD OF TIME, AND THEN ONLY IF IT IS DONE IN WRITING AND SIGNED BY THE PRESIDENT AND BY YOU.

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HULA GIRL ICE CREAM & DESSERTS, LLC

Contact Information

Rhett Russell, President 360-970-6849 [email protected] Maria Hug, Chief Financial Officer 360-402-4171 [email protected]

Corporate Offices

5508 Oyster Bay Road NW Olympia, WA 98502 360-918-8116 360-252-8829 (fax)

Scoop Shops

1410 Lake Tapps Parkway E. Suite H104 Auburn, WA 98092 253-333-8555 4635 Point Fosdick Road Suite 400 Gig Harbor, WA 98335 253-858-8575 This handbook is intended as a guide for policies, benefits, and general information that should assist you during your employment. These guidelines should not be construed as a contract. The company reserves the right to make changes in content or application as it deems appropriate and these changes may be implemented even when they have not been communicated, reprinted or substituted in this handbook. It should also be understood that employment is terminable at the will of either the employee or the company, at any time and for any reason.

Our Business Philosophy

At Ben and Jerry’s, we can only be successful if we satisfy each part of our three part mission, we succeed by providing our customers with ice cream and related products of impeccable quality; sharing out prosperity with our community; respecting each other, our community and our environment; and providing our employees with fair compensation, meaningful work., and providing opportunities for growth. We strive to create a sense of community where teamwork, individuality and diversity are valued and respected. Our business results depend on the drive, dedication, skills and knowledge of everyone here. And, we try to keeping in mind that a job well done is usually accomplished with a sense of pride and joy.

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Equal Opportunity

Ben and Jerry’s is committed to a policy of equal employment opportunity for applicants and employees. Employee decisions will comply with all laws prohibiting discrimination.

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BEN & JERRY’S

History

Ben Cohen and Jerry Greenfield grew up in Merrick, Long Island and first met in seventh grade gym class. In 1978, the two old friends found each other again and decided to open a business together, with two main objectives: being their own bosses and having fun. Ben and Jerry always shared a love for good food - and lots of it. This love of food helped them decide what type of business to go into. They thought of introducing a delivery service called U.B.S., short for United Bagel Service. But, after learning how much bagel equipment cost, they decided to go into the ice cream business instead. Things got serious when they each chipped in $2.50 for a correspondence course in ice cream making that was offered by Penn State University. The course was tough, but they scored 100% on all of the open book exams. An abandoned gas station (with a leaky roof) in Burlington, Vermont was the original home of Ben & Jerry's. The ice cream making equipment, an antique White Mountain rock salt and ice freezer, was inexpensive enough, but deemed obsolete by the experts. Guess you can't always believe the experts! They each came up with $4,000, borrowed another $4,000 from a local bank, and with a lot of sweat and more than a little help from their friends, Ben & Jerry's opened for business on May 5, 1978. As with any business, salesmen would show up at the door with their wares. Ben got the idea that he could do the same with their ice cream, and soon more than 30 restaurants in Northern Vermont were carrying Ben & Jerry's ice cream, each one delivered personally by Ben in his Volkswagen Squareback (he drove very quickly). So began the wholesale division of Ben & Jerry's. Demand kept growing, and with some renovations to an abandoned warehouse, Ben & Jerry began to pack their ice cream in pints. These were sold to grocery stores along the restaurant delivery route. Sales took off immediately, and before long grocery stores and supermarkets throughout New England and Upstate New York were carrying the company's pints. The manufacturing plant moved to a slightly larger space in South Burlington in 1981, and to its current location in Waterbury, VT in 1985. It is here that they produce pints of our original ice cream, frozen yogurt and sorbet. In 1988 Ben & Jerry's opened a second manufacturing facility in Springfield, VT. Springfield produces Ben & Jerry Bars and the two and a half gallon bulk containers that are used in our scoop shops. By the summer of 1995 Ben & Jerry's opened its third ice cream and frozen yogurt manufacturing plant in St. Albans, VT. The original gas station in Burlington was demolished in 1981 when the store relocated to Cherry Street. In 1996 the store was relocated again to the Church Street Marketplace. The new location was built with our new and improved scoop shop design, which was released in the spring of 1996. On April 12, 2000, Ben & Jerry's announced the company's acquisition by Anglo-Dutch Corporation, Unilever. Ben & Jerry's Board of Directors approve Unilever's offer of $326 million ($43.60 per share, for 8.4 million outstanding shares), as well as a unique agreement enabling Ben & Jerry's to join forces with Unilever to create an even more dynamic, socially positive ice cream business with a much more global reach. Under the terms of the agreement, Ben & Jerry's will operate separately from Unilever's current U.S. ice cream business, with an independent Board of Directors to provide leadership for Ben & Jerry's social mission & brand integrity.

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Statement of Mission

In 1988 Ben & Jerry's Homemade, Inc. created their Statement of Mission. It is quoted here in its entirety: "Ben & Jerry's is dedicated to the creation and demonstration of a new corporate concept of linked prosperity. Our mission consists of three interrelated parts:

• Product Mission – To make, distribute and sell the finest quality, all-natural ice cream and related products in a wide variety of innovative flavors made from Vermont dairy products.

• Social Mission – To operate the company in a way that actively recognizes the central role that business plays in the structure of society by initiating innovative ways to improve the quality of life of a broad community - local, national and international.

• Economic Mission – To operate the company on a sound financial basis of profitable growth, increasing value for our shareholders, and creating career opportunities and financial rewards for our employees.

Underlying the mission of Ben & Jerry's is the determination to seek new and creative ways of addressing all three parts, while holding a deep respect for the individuals, inside and outside the company, and for the communities of which they are a part." "Giving away a portion of our profits is nice, but it is a minor thing compared to the positive social impact we can have by making the way we run our business every day a reflection of our conscious caring for the people around us."

Ben Cohen

Ben & Jerry's PartnerShops™ represent a unique community relationship that puts a profit-making business to work with a non-profit organization. Our PartnerShops™ are built around good ice cream and goodwill just like our other Ben & Jerry's scoop shops across the country. The difference is that PartnerShops™ are donated by Ben & Jerry's to community-based nonprofit organizations by waiving the standard franchise fees. Our nonprofit partners use their business profits to support programs that serve both their clients and the greater community. In addition to creating an economic base, PartnerShops™ offer employment and job training opportunities for youth and other underserved populations. By creating economic as well as employment and training possibilities, Ben & Jerry's PartnerShops™ are helping to revitalize communities and to empower residents of neighborhoods where new and varied economic development opportunities are needed. Ben & Jerry's donates 7.5 percent of its pre-tax earnings to the Ben & Jerry's Foundation, a non-profit institution established in 1985 by personal contributions from Ben Cohen and Jerry Greenfield. The foundation awards monies to non-profit and charitable organizations through a grant application process. The Foundation supports "projects which are models for social change; projects infused with a spirit of generosity and hopefulness; which enhance people's quality of life, and exhibit creative problem solving."

Manufacturing Facilities

In 1985 Ben & Jerry's moved its corporate headquarters and ice cream factory from greater Burlington to Waterbury, VT (30 minutes from Burlington), into a new 55,000 square foot facility where up to 400,000 gallons of ice cream per month is produced. This Ben & Jerry's factory is the most popular tourist facility in Vermont and hosts more than 281,000 visitors per year. In 1988 Ben & Jerry's opened a second manufacturing facility in Springfield, VT to produce its ice cream novelties and the bulk containers of ice cream and frozen yogurt. In 1995 Ben & Jerry's opened its third manufacturing plant in St. Albans, VT to produce ice cream and sorbet pints.

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Product Summary

The packaged ice cream industry includes economy, premium, premium plus, and super premium market segments. A greater richness and density than other kinds of ice cream generally characterizes super-premium ice cream. Ben & Jerry's ice cream is a super premium ice cream, which is the highest quality market segment. Ben & Jerry's ice cream is richer and creamier than other ice creams. We use lots of fresh Vermont cream, milk and pasteurized egg yolks. Our ice cream has an average butterfat content of 15.5%, which compares to 10% for most economy brands. Because we're using egg yolks, technically, we make what's known as a "French" ice cream. Eggs act as an emulsifying agent, and also help to make the ice cream creamier. Pure cane sugar is the only sweetener used in our original ice cream line. Our ice cream is heavier than most because our production freezers have been modified to create a product with less air whipped into it. The amount of air whipped into ice cream is called its "overrun". Thus, 4oz. of our ice cream might look like less than another brand, but it is just as much actual ice cream. With less “overrun” the customer gets what they pay for, not a bunch of air. The flavorings used by Ben & Jerry's include: premium quality extracts and fruits, nutmeats, chocolates, liqueurs, and cookies and candies. Our ice cream is all-natural. We use no preservatives, chemical stabilizers or artificial ingredients with the exception of some candies (for example, Heath Bars™) which themselves contain some artificial ingredients. Three all-natural stabilizers (Guar Gum, Xanthan Gum and Carrageenan) are used to help protect the ice cream from texture defects that can occur when the ice cream is subjected to heat shocks or variations in temperature. Guar Gum is made from the Guar bean. Carrageenan is a gum extracted from seaweed. Xanthan Gum is derived from fermented sugars. All of the stabilizers increase viscosity and prevent ice crystallization. The combination of the above three factors (high butterfat content, low overrun and all natural ingredients) places Ben & Jerry's ice cream in the super premium market segment of the ice cream industry. Ben & Jerry's is distinguished from other super premium ice creams such as Haagen Dazs™ by our marketing philosophy, which emphasizes a down home funkiness, the image of cows and Vermont, the two real and accessible founders of our company and our growing reputation as a socially responsible business. We further distinguish ourselves from other super premiums by our unique flavors. Ben & Jerry’s now has frozen yogurt, non-fat frozen yogurt, sorbet, no sugar-added ice cream, organic ice cream, soft serve and low carbohydrate ice cream. Also, all Ben & Jerry’s products are manufactured kosher.

Product Quality

Product quality is the only reason why your regular customers come into your store again and again. Unless we deliver a product that meets or exceeds their expectations, they won't return. "Shelf life" is the period of time during which a product may be stored and remain suitable for consumption. The shelf life of our ice cream and sorbet is one year if kept at a constant temperature between -10°F and -20°F. Changes in temperature affect the flavor and texture of our ice cream. We therefore require that all storage and transport freezers maintain a constant temperature of -20°F. Once the ice cream has been tempered or allowed to reach a scooping temperature of +10° to +12°F, the shelf life significantly decreases. An unopened tub of bulk ice cream that is kept at +10°F will have a shelf life of approximately four weeks. Exposure to air also affects the shelf life of our ice cream. Once a tub of ice

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cream has been opened for scooping, it will have a shelf life of 7 to 10 days, provided that it's properly scraped down and tightly covered every night. You can extend this by scraping off and discarding the top one inch of dried, gummy ice cream. All tubs of ice cream are labeled with a code in the following format:

The Julian Date is a code for the day of the year (out of 365) and the last digit of year. (For example:

0870 is 87th

day of the year 2000) Always check the expiration date on the package when accepting a delivery or rotating stock. Rotation of stock is critical to ensure that bulk ice cream gets served well before the expiration date. The tempering freezer should be set at 0° F. It will take approximately 24 hours for ice cream that's held in storage at -20° F. to properly temper. Shock tempering a tub of ice cream by leaving it outside of a freezer on a counter must never be done, as it will affect the quality and texture of the ice cream. The dip case should maintain a temperature of +10° to +12° F. At this temperature ice cream is easily scooped. There is no truer test of ice cream quality than to taste it. You should taste every tub of ice cream prior to it being put into your dip case as a final check to ensure that the ice cream meets our standards. If you have any questions at all about the quality of the ice cream, don't serve it. Set it aside, and follow the procedure for reporting quality problems and receiving credit outlined below. Don't risk giving even one customer a product that doesn't meet our high quality standards.

Customer Service Standards

There are six key drivers of customer satisfaction in a scoop shop:

1. Friendly, cheerful service a. Treat the customer as a guest in your own home b. acknowledge the customer within 7 seconds of entering the scoop shop c. explicitly state a willingness and ability to help d. stay courteous and respectful throughout the customer’s visit e. Thank the customer for their visit and close the interaction in a positive manner

2. Customer focus a. Work to fully understand the customer’s preferences and needs b. Remember and refer to preferences stated by the customer in a previous visit c. Personalize information and tell the customer about relevant options

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d. Acknowledge any time requirements specified by the customer e. Set clear and realistic expectations about time frames and apologize for any delay in

delivering a product or service f. Thank the customer for providing feedback (positive or negative) and take responsibility

for ensuring that problems are resolved

3. Knowledgeable staff a. Answer every question about Ben & Jerry’s products and procedures with complete and

accurate information b. Understand and be able to discuss Ben & Jerry’s mission and philosophies c. Use clear, concise language, with no jargon or slang d. Clearly outline your own next steps and, when applicable, the customer’s next steps e. Proactively offer information and alternatives to help the customer avoid problems or

confusion in the future

4. Euphoric ice cream and treats a. Ensure that appropriate music is played at an appropriate volume b. Communicate, in your own personal style, an impression that you enjoy working at Ben

& Jerry’s c. Take the initiative to make a personal connection with the customer d. Proactively represent yourself as a committed Ben & Jerry’s representative

5. Clean and inviting atmosphere a. Take the initiative to make sure public areas (including floors, tables, counters,

entrances, and bathrooms) are clean and neat b. Keep employee workspaces (including storage and serving areas) clean and well

organized c. Ensure that displays are clean, neatly organized, and full d. Be well groomed and appropriately dressed

6. Unique and entertaining experience a. Offer product samples to the customer b. Take the initiative to ensure that the customer is fully satisfied with his or her selection c. Follow operating procedures for serving products and providing services d. Ensure that the presentation of products is appealing e. Take the initiative to ensure that all menu offerings and flavors are in stock

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EMPLOYEE POLICIES

Hours of Operation

The store is open for business seven days per week and staffing needs will vary as will the length of time for each shift. Total hours worked each day or week may vary. It is every employee’s responsibility to check and know what their work schedule is. We are open evenings, weekends, and many holidays. Scoop shop hours vary by location, but generally are open winter: Sunday-Thursday 12AM-9PM and Friday-Saturday 12AM-10PM; summer: Sunday-Thursday 11AM-10PM, and Friday-Saturday 11AM-11PM with possible extended hours for holidays, special occasions and specific store needs. Only employees will be allowed in the scoop shop immediately before and after operating hours for opening and closing procedures. For security reasons, customers and visitors must leave the premises at the end of hours of operation and the front door must be locked.

Schedules

Schedules are created in advance and are posted online at http://www.whentowork.com/. If you do not have online access at home, school or at a library, management will help accommodate your need for access onsite. Review the schedule and write down your shifts. You are responsible to notify management of any required changes before your shift. You must work one shift/week or four shifts/month to remain an active employee. Otherwise, you will be removed from online access to open shifts and must see management for reinstatement. The basic rule is simple – “no show, no pay, no sub, no job.” We may not be able to accommodate everyone’s desire to get as many hours as they would like at all times.

Absence

There are two kinds of absence recognized by the management; excused absences and unexcused absences. Absences are excused when they have been approved by the management in advance or are due to a serious emergency that reasonably prevents work attendance.

Excused Absence In the event an employee must be absent from work due to sudden illness, s/he should notify the manager or assistant manager at least 6 hours before his/her shift begins. Sudden illnesses are common contagious illnesses such as mono, flu, viruses, strep… they do not include hangovers, allergies, depression or personal drama. These are contagious illnesses, and they warrant absence. These illnesses do not relieve the employee from their obligation to personally call the manager.

In the event of a serious illness, serious accident or death of an immediate family member, either the employee or a family member may call the manager to convey the message and we will do our best to cover your shift. In case of an emergency that prevents work attendance and a personal phone call, the manager must be notified as soon as possible.

All excused absences require documentation.

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Unexcused Absence If an absence does not meet the above referenced criteria it is unexcused. Some examples of unexcused absences are illnesses related to hangover, non-contagious illness such as colds and allergies, general malaise, requests off that could not be honored, accidents where there is no bodily injury, et al. This list is by no means exhaustive.

Any time an employee cannot work their scheduled shift or a shift they picked up, it is their responsibility to make sure that the shift is properly covered. Shift trades should be done via www.whentowork.com and must be approved by an assistant manager. Rule of thumb - NO CALL, NO SHOW = NO JOB

Illness and Personal or Family Emergency

Come to work healthy. It is a bad idea for your own health to come to work sick; plus you risk the health of our customers, your fellow employees and our inventory. Speak to a manager and make a plan for covering your shifts. At least 24 hours notice is strongly requested (more if possible).

Covering Other Employee’s Shifts

If you require another employee to work your shift, get the approval of management for the substitution online (www.whentowork.com). You must record the shift change online (www.whentowork.com) or it is not valid. If there is any disagreement over who had what shift the published schedule online will be the final say. Verbal agreements carry no weight in determining who is responsible for what shift. It is the scheduled employee’s responsibility to find someone to cover their shift if they cannot work. This means that you are responsible to find someone to work the shift that you are scheduled to work. DO NOT call us and ask us to find someone to work your shift. You can not trade shifts with new employees who have not completed their probationary period without approval from the manager. No employee can change their shift unless they have the manager’s approval in advance. If the change can be accomplished without interference to the store, every effort will be made to accommodate the request. Your manager should be notified as soon as possible if you must be absent from or tardy for a shift. If you cannot find another employee to cover your shift, you must work it. Failure to do so will result in automatic dismissal from your job.

Employee Dress Code

Employees are asked to use common sense with regard to their dress and appearance, and are expected to present an appearance consistent with the image of our store and the community we do business in. Always remember to pay attention to how your attire may impact on safety, cleanliness, neatness and customer interaction. Remember if you look good so will we. (Note: the management reserves the right to make all decisions on an employee's appearance.) Employees are required to adhere to the following uniform policy when working in the store:

• Clean Ben & Jerry's t-shirts, provided by the employer. • Clean Ben & Jerry's hats with the Ben & Jerry's logo, provided by the employer. Visors, bucket

hats, and ball caps are all acceptable but must be produced by Ben & Jerry's or contain no logo or designs. Ben & Jerry's and/or Woody Jackson bandanas will be allowed as a head covering. All hair must be tied back and covered.

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• Closed-toe and closed-heel, rubber-soled shoes and socks are required. This is also a standard health code requirement in all of our markets. No sandals, open-backed clogs, etc. are allowed on shift.

• Other uniform options include "Ben & Jerry's" aprons or other plain solid color aprons and nametags. All shirts worn under the aprons must be the approved uniform shirts.

All persons employed at the scoop shop must wear a clean uniform that must be changed daily. Uniforms should be laundered regularly. Uniform guidelines apply equally to men and women. Certain exceptions or accommodations to these guidelines may need to be considered in the event that a religious, national origin or cultural affiliation requires certain forms of facial jewelry or headdress.

Employee Appearance

Inconspicuous jewelry only. Earrings should be limited in quantity and to small pieces; No dangle earrings or hoops with backs, no watches, and no bracelets (except medical bracelets) may be worn at any time to avoid contamination of the ice cream permitted for safety reasons. No facial piercings can be worn in the service area. Fingernail polish must be removed or gloves may be worn to prevent chips from falling into the dipcase or prep areas. This is a very serious concern and no exceptions will be allowed. No long fingernails or fake nails. No perfume may be worn, since smell sells and we want to sell Ben & Jerry’s products. Maintain a well-kept appearance, because one of the most common complaints for scoop shop operations is the appearance of employees. This means no torn clothes, shirts tucked in, and a clean and tidy appearance.

Timekeeping and Clocking in

Work begins when your shift starts, not when you arrive. Clock in when your shift is supposed to begin and “prepare” before you clock in. Be present, prepared and ready to work 5 minutes (15 minutes for openers) before your shift begins. If you will be late, you must call. Repeated lateness will result in disciplinary actions including verbal reprimand, written warning, suspension or dismissal.

Appropriate Behavior on the Job

Respect your fellow employees. We do not want any language or gestures used that might offend a two-year-old customer or her mother. There is always something to do, so “if you have time to lean, you have time to clean.” Minimize talking with other employees when customers are being served.

Eating in the Workplace

We do not allow eating behind the line. We do not allow gum in the scoop shop. For meals, you may eat in the employee areas out of view of the customers or at the customer tables.

Washing Hands/Ice Cream Handling

You must follow posted health department requirements for washing hands. This includes washing your hands when you come on shift, after a break, after use of the restroom, every time you enter the line, after you touch your face or hair, after you get any ice cream on your hands or arms, and at least once every four customers. Use disinfectant soap! Water alone does not do the job. You may not serve

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another customer if your hands and/or arms are not completely clean! You may not touch the ice cream, bulk containers, collars or scoop heads (not handles) with your hands or arms.

Visits from Friends

Friends are customers too, so we want you to encourage your friends to visit. However, you are paid to do a job, so when your friends visit treat them like you would any other customer. Your friends may not enter the employee areas of the store under any circumstances. This includes the bathroom, which is provided for employees only, except when a bathroom is provided for customers.

Interactions with Customers

We will stand out among our competition because of the way our employees interact with customers. This means how quickly and friendly we greet customers, how knowledgeable we are in answering their questions, and how professionally and thoroughly we fulfill each customer’s order. Therefore, someone working must greet every customer within 7 seconds of entering the scoop shop (it only takes a second, so do this even if you are already helping a customer). Give 100% attention to the customer you are helping until the sale is complete and they are completely satisfied. Be friendly, professional, and respectful; and above all have fun with it!

Breaks & Meal Periods

Every employee will be provided with a scheduled 15-minute break when they have worked for 4 hours. For an 8-hour shift, an employee will receive two scheduled 15-minute breaks. Breaks are taken while on the clock. Additionally, for employees who work an 8-hour shift, we will include a scheduled 30-minute meal break. This should be taken off the clock. The only exception to this is if you are working alone. If the total work period per day is more than six hours, you are entitled to an on-duty meal period counted as regular hours and paid at your regular hourly rate. If you are working alone, you must remain in the store your entire shift. Due to the nature of our business where workers work alone much of the time, you agree to waive the right to off-duty meal periods. If your total work period per day is no more than six hours, you agree to waive a meal period. You may revoke this agreement in writing at any time.

Meals

You may have one free soda, carbonated water, bottled water, carbonated juice, 16oz glass of any juice, 16oz cup of milk, cookie, brownie, or small cup or cone of ice cream during each shift (defined as any work period up to 8 hours). You may not give your shift meal to your friends or family. It is for you during your shift. You may purchase any other food item on the menu for 50% off the retail price as long as it is consumed during your shift, rest or meal period. Any purchase of food product to be consumed outside of your shift, rest or meal period will be subject to the employee discount described below. No eating or drinking is allowed behind the line ever. You must use it the day of your shift – there is no “banking” your food allowance.

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Employee Discounts

Employees receive a 30% discount on all purchases while employed. Employee Discounts may not be combined with coupons or purchased meals as described above. You and immediate family members (parents, siblings and children) may use this discount. Please note that Employee Discounts may not be used for your friends.

Friend Discounts

Employees may provide a 30% discount on a Vermonster sundae once each calendar month for friends or family while employed. Friends Discounts may not be combined with any other offer, discount or coupon.

Event Travel and Event Pay Rates

Hula Girl Ice Cream & Desserts, LLC has and will continue to actively participate in off-premise events and catering jobs. These event and catering locations are job sites. You should anticipate that you may be asked to staff an event or catering shift just as you may be asked to staff a shift at any scoop shop location. Your workday begins and ends at any job site or scoop shop location when your scheduled shift begins and ends. You are responsible for travel to and from any Hula Girl Ice Cream & Desserts, LLC job site or scoop shop location. We may offer you a ride to or from a scoop shop location or a job site solely as a convenience to you. Traveling with us is not required. Therefore, travel time is not compensable. If you are asked to perform any work-related activities at one job site or scoop shop location before proceeding to another job site or scoop shop location, then the travel time is compensable at the then current State Minimum Wage (subject to State/City/County laws).

Cash Handling Procedures

Registers shall only be opened for a sale. WE DO NOT GIVE CHANGE EVER! Make sure every transaction includes one of the following – cash, check (if allowed), VISA/MasterCard, gift certificate, customer coupon or employee coupon. Have someone else ring in a sale of product for your own consumption. Only shift leaders, managers and owners will count cash. Only managers can accept $50 or $100 bills. Cash over/shorts will be monitored for every shift. If your shift cash-out is off by more than $2 then everyone on shift may receive a written warning. Theft will not be tolerated in any amount. We are primarily a cash business. We take money from customers for our ice cream and desserts and offer money back as change. For example, a scooper should always:

• Let the customer know the total amount ("Your total is $8.98, please.") • Repeat to the customer the amount they’ve paid with ("Out of ten?") • Type the amount given into the register • Count change back to the customer ("$1.02 is your change two cents makes $9, one dollar

makes $10.") • Wrap up the sale with a closing remark ("Thanks, have a great day!")

When making change for a large bill, lay the customer's bill across the register ledge until the transaction is completed. This can help prevent confusion for the customer and the employee regarding the correct amount of change. It's also a great way to discourage short change artists. Put large denominations, checks and foreign currency under the tray in the cash register. This will eliminate accidentally handing back a $50 dollar bill instead of a $20 dollar bill.

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It is common practice to accept local and/or other checks with 2 forms of identification. Always check for an imprinted name and address as well as a series number, which may indicate the account has been open for a period of time.

Tip policy

Employees are encouraged to provide exceptional customer service. Much of the time this is rewarded through tipping by the customer. Most other Ben & Jerry’s Scoop Shops do not allow their employees to get tips from credit card transactions or a tip jar. Tips are a privilege that we allow our scoopers to receive from our customers – don’t abuse this privilege. There are two types of tips; cash and credit card:

• Cash tips are to be split between the scoopers at the end of each shift. You are responsible for reporting all cash tip information to the Internal Revenue Service (IRS) and any other entity/agency.

• Credit card tips are paid by the customer on a tip line below the subtotal on their credit card

receipt. Under no circumstances do you take cash out of the till for credit card tips. Credit card tips will be added to your paycheck each pay period. In accordance with Federal law, taxes, social security, unemployment insurance, and any other required withholding will be deducted from your credit card tips.

You must reconcile your credit card tips each evening using the credit card machine. Failure to reconcile tips means that any tip left by the customer will not get paid to you. There is absolutely no way to recover tips that have not been reconciled after the credit cards are batched each evening. We do not pay tips that have not been reconciled – no matter what the customer wrote on the credit card slip. If you forget, you don’t get the tip! We expect you to do all of your normal work and reconcile your tips when it’s slow or after your shift. Reconciling tips is not an excuse for not cleaning or doing other duties. We will not tolerate “poaching” of customers by employees to generate tip income that you are not entitled to. If you are at the cash register ringing in a customer sale, you are expected to use either your employee id if you waited on the customer or the employee who served the customer’s id when ringing in sales and credit card transactions. Failure to do so will result in immediate dismissal. NO EXCEPTIONS.

Telephone Use

The store phones are for business use only. The customer in front of you will always take priority over a customer on the phone, unless taking a cake order. Mobile phones are not allowed on premise. You must turn them off and put them in the locker. Tell your friends to call you at the scoop shop number only in an emergency. Always answer the phone in a professional and friendly manner. Use greetings like "Ben & Jerry's (your store name), how may I help you?" When taking a message, always get a first and last name, a phone number and whenever possible what the call is pertaining to (such as a donation, catering event, etc.). (Have a place in the back room for staff to put any phone messages for the manager and/or operator.)

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Cell Phone Use

Cell phones for personal use are generally prohibited in the store. Cell phones brought into the store must be turned off, or on silent, and stored with your personal items in the back of store or locker. You may neither make nor receive personal calls, multimedia or text messages while on the clock in view of customers. In order to use your cell phone you must either leave the shop and be clocked out, or be on break. Any violation of this policy may result in a total ban on cell phones at work or immediate dismissal.

Computer Use

The computers are for management and business use only. Management will monitor the use of the computers. No privacy is implied or will be provided for use of the computers at any time. Currently, Hula Girl Ice Cream & Desserts, LLC only provides email accounts for managers. You may not use the Micros terminals to access the Internet.

Employee Lockers

Lockers are provided for day-use only. You must bring your own lock. There will be a place to store your lock when not in use. Locks will be cut and removed if they are left on lockers for an extended period. Management is not responsible for anything left in a locker. Management reserves the right to inspect the lockers at any time.

Marketing Message

There are five key messages and behaviors we want all employees to master:

1. Products are what we sell; flavors are one of several choices customers make. 2. Sampling and Trial is a critical component of our business – waffle cones, cakes, soft serve,

smoothies, sorbet splashes, cappachillo coolers, sundaes, brownies, etc… 3. Upsell always – it’s a basic rule of sales…if you don’t ask they won’t buy. There are subtle

ways to do this that are not aggressive. We’ll train you. 4. Social Mission is what Ben & Jerry’s is about – this is more than just part of our brand image,

it’s a way of life. Get involved in the community. Suggest to management events and organizations that we should support. Make it happen!

5. Knowledge is power and it’s also the key to customer satisfaction. Know our products, know our mission, know our history, know our procedures and know what customers want.

Additional key points: When speaking about our product as it stands in the market, always talk about the great attributes of Ben and Jerry’s and its products. Do not slander or talk poorly of other ice cream brands. Substitution is key – if someone comes in asking for Jamoca, don’t point them to Baskin Robbins; offer them a taste of Fossil Fuel.

Drugs & Alcohol

Ben & Jerry's is committed to protecting their property and their products from the effects of individual negligence. Therefore, anyone who comes to work appearing to be under the influence of alcohol or non-prescribed substances to any degree or who possesses or consumes these on store property may be subject to serious disciplinary action. Determination of violation of this policy will be based on a compilation of concrete, objective facts, such as breath odor, staggering gait and the presence of alcohol or illegal drugs, absenteeism and poor job performance.

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Non-prescription drugs and alcohol are not allowed at any time in the scoop shop or anywhere on the property managed by Hula Girl Ice Cream & Desserts, LLC. This prohibition includes tobacco. If you have prescription drugs, they must be in a sealed, labeled container and kept in your day-use locker. Let your manager know about your prescription in case there is an emergency situation.

Smoking

Smoking is not permitted in any Ben & Jerry's store. Individuals who smoke may do so outside, away from store property, out of uniform and only during their approved break times.

Sexual Harassment

Hula Girl Ice Cream & Desserts, LLC’s position is that sexual harassment is a form of misconduct that undermines the integrity of the employment relationship. All employees have the right to work in an environment free from all forms of discrimination and conduct which can be considered harassing, coercive, or disruptive, including sexual harassment. Anyone engaging in harassing conduct will be subject to discipline, ranging from a warning to dismissal. What is sexual harassment? Sexual harassment is defined as any unwanted physical, verbal or visual sexual advances, requests for sexual favors, and other sexually oriented conduct which is offensive or objectionable to the recipient, including, but not limited to: epithets, derogatory or suggestive comments, slurs or gestures and offensive posters, cartoons, pictures, or drawings. When is conduct unwelcome or harassing? Unwelcome sexual advances (either verbal or physical), requests for favors and other verbal or physical conduct of a sexual nature constitute sexual harassment when:

• submission to such conduct is either an explicit or implicit term or condition of employment (e.g., promotion, training, timekeeping or overtime assignments)

• submission to or rejection of the conduct is used as a basis for making employment decisions (hiring, promotion, termination)

• the conduct has the purpose or effect of interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment

Following are examples of sexual harassment and will not be tolerated: posting suggestive photographs, telling sexual jokes or making innuendoes, or romancing subordinates; referring to female employees as "girls," assigning work according to an individual's gender, or promoting employees based on gender; requesting sexual favors, touching or flirting with unwilling or even willing subordinates, and making similar unwelcome sexual advances to co-workers; and retaliating against a worker who files a sexual harassment complaint. What is not sexual harassment? Sexual harassment does not refer to occasional compliments of a socially acceptable nature. It refers to behavior that is not welcome, that is personally offensive, that debilitates morale, and that, therefore, interferes with work effectiveness. What should you do if you are sexually harassed? If you feel that you have been the recipient of sexually harassing behavior, report it immediately to any owner of Hula Girl Ice Cream & Desserts, LLC or other supervisor. It is preferable to make a complaint in writing, but you can accompany or follow up your verbal complaint with a written complaint. If your supervisor is the source of the harassing conduct, report the behavior to that person’s supervisor or to any owner of Hula Girl Ice Cream & Desserts, LLC. Your identity will be protected and you will not be retaliated against for making a complaint.

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What happens after a complaint is made? Within 7 days after a written complaint is made, a supervisor, or other person designated by the owner, will investigate the complaint. The person will speak with possible witnesses and will speak with the person named in your complaint. Your anonymity will be protected to the extent possible. Depending on the complexity of the investigation, you should be contacted within 14 days after a written complaint is made about the status of your complaint and whether action is being taken.

Violence in the Workplace

This company has a policy of zero tolerance for violence. No talk of violence or joking about violence will be tolerated. If you engage in any violence in the workplace, or threaten violence in the workplace, you will be dismissed. “Violence" includes physically harming another, shoving, pushing, harassing, intimidating, coercing, brandishing weapons, and threatening or talking of engaging in those activities. It is the intent of this policy to ensure that everyone associated with this business, including employees and customers, never feels threatened by any employee’s actions or conduct.

Presence in Corporate Offices

The Corporate Offices are for officers and management of Hula Girl Ice Cream & Desserts, LLC. Scoop Hosts and Shift Leaders only can be present in the offices when officers and/or managers are present.

Attending Staff Meetings

All staff meetings are mandatory. Schedules will be posted online.

Security & Emergency Procedures

Management takes your safety very seriously. There are several posters hung at the worksite regarding medical emergency contact information and state-provided benefits. Please read them carefully so you are prepared. In addition, management would like the following procedures followed. If there is an earthquake, immediately seek shelter next to one of the major vertical supporting beams holding up the building. Please ask any customers in the store to do the same. DO NOT GO OUTSIDE! There is a risk of falling glass and debris. In the case of robbery, provide the assailant with anything they ask for. We can replace money, ice cream, and machinery. We cannot replace you. Do not take any risks of any kind. Call the police immediately when the assailant has left. Write down as much information as possible about the assailant’s description and what was taken. Contact management immediately after the police. In the case of fire, there are fire extinguishers located throughout the scoop shop. Follow the instructions printed on the canister.

Surveillance in the Workplace

Hula Girl Ice Cream & Desserts, LLC utilizes electronic security measures including entry alarms, motion sensors and surveillance cameras in the scoop shop and corporate headquarters. This is done to provide a secure and safe environment, deter vandalism and theft, oversee production processes, and monitor the work performance of employees. Surveillance cameras are not present in the bathroom, which also can be used as a private changing room. Private security agencies and management of Hula Girl Ice Cream & Desserts, LLC will have password-protected access to and may monitor these systems from scoop shops, corporate offices and remotely via the Internet. Recordings will be stored electronically. No sound will be recorded at any time.

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Confidentiality & Non-Compete

You will sign a confidentiality and non-compete agreement before you begin work. Violations of this agreement will be prosecuted to the full extent of the law. These agreements do not suggest, directly or indirectly, permanent, lifetime or any fixed term of employment.

Access to Employee Files

Management retains a file with employment related information as required by law. Management will allow access to your own employee file according to the rules and regulations specified under Washington state law.

Equal Employment Opportunity Statement

It is the basic policy of Hula Girl Ice Cream & Desserts, LLC, in accordance with its long-term commitment to the principles of social justice, to administer its employment practices, including those pertaining to recruitment, hiring, promotions, compensation, benefits, and terminations, in a non-discriminatory manner, without regard to race, religion, color, age, sex, sexual orientation, national origin, handicap/disability, or any other basis prohibited by applicable federal, state, or local fair employment laws or regulations.

Work Rules and Consequences

Hula Girl Ice Cream & Desserts, LLC wants to encourage a safe and pleasant work atmosphere. This can only happen when everyone cooperates and commits to appropriate standards of behavior. The following is a list of behaviors, which the company considers unacceptable. Any employee found engaging in these behaviors, or violating any of the employee policies, will be subject to disciplinary actions including verbal reprimand, written warning, suspension or dismissal:

1. Failure to be at the work place, ready to work, at the regular starting time. 2. Willfully damaging, destroying, or stealing property belonging to fellow employees or the

company. 3. Fighting or engaging in horseplay or disorderly conduct. 4. Refusing or failing to carry out any instructions of a supervisor. 5. Leaving your workstation (except for reasonable personal needs) without permission from your

supervisor. 6. Ignoring work duties or loafing during working hours. 7. Poor performance of work duties. 8. Coming to work under the influence of alcohol or any drug, or bringing alcoholic beverages,

drugs or tobacco onto company property. 9. Intentionally giving any false or misleading information to obtain employment or a leave of

absence. 10. Using threatening or abusive language toward a fellow employee. 11. Punching another employee’s time card or falsifying any record. 12. Smoking contrary to established policy or violating any other fire protection regulation. 13. Willfully or habitually violating safety or health regulations. 14. Failing to wear clothing conforming to standards set by the company. 15. Being tardy or taking unexcused absences from work. 16. Not taking proper care of, neglecting, or abusing company equipment and tools. 17. Using company equipment in an unauthorized manner. 18. Possessing firearms or weapons of any kind on company property. 19. Violating the confidentiality and non-compete agreements.

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20. Touching the ice cream with your hands or serving a customer with ice cream on your hands or arms without first washing.

21. Failure to show up for or have someone cover an assigned shift. No Call, No Show = No Job….

Safety and Security

Customer Accidents & Injuries

It is extremely important that all staff members know how to properly handle a situation in which a customer has been injured. How the accident or injury is dealt with can have serious, lasting implications for the customer and the business. In the event of a severe accident (heart attack, seizure, etc.), immediately call Emergency Services (911), for medical attention. Post this number by the phone for immediate reference. Don't attempt to move the accident victim, and only administer first aid if you've been trained to do so. Gather as much information about the customer and the accident or injury as possible. This information may assist emergency service crews and may be needed for insurance claims. The store should be cleared and closed until medical help arrives. If the injury is not severe, offer to call medical help and do so if requested. If possible, get the name of the customer, especially if the accident is in any way a result of the store's operations (slipped on the floor, allergic reaction to the product, etc.). Write down the details of what happened for future reference. If an insurance claim is involved, you'll need to provide this information.

Power Outages

This can be an ice cream store's worst nightmare because of the potential for lost revenue and product. There are some procedures that should be followed during a power outage to ensure product quality and minimize product loss. In the event of a power outage: If possible, call the power company to determine how long the power is going to be out. Close all dip cases, freezers and refrigerators to keep the cold air in. Close the store - you can't serve the customers without losing precious cold air, your cash register will not work and a poorly lit store can pose a safety hazard to scoopers and customers alike. Closed dip cases will hold their temperature for approximately 6-8 hours; open dip cases will warm up much more quickly. If you have determined that the outage will last for longer than your dip cases can hold temperature, you may want to move the product into the walk-in. All tubs should be removed from the dip case and placed in the walk-in as quickly as possible. Try to minimize the number and length of time the walk-in door is opened.

Walkouts

A walkout occurs when a customer leaves the store without paying his/her tab. This is stealing and, therefore, a crime. Walkouts must be handled carefully or you could get your store involved in a lawsuit. Here's what to do:

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If it appears that someone is in the process of walking out without paying for his or her purchase you must give the customer the benefit of the doubt. Ask that the tab be paid. You should assume that the customer had every intention of paying but forgot. You might say "No one else in your party has paid." or "Did you forget to pay me for your ice cream?" Under no circumstances should you use physical force. If at all possible, handle the conversation discreetly and attempt to avoid public embarrassment. If you suspect a customer is going to walkout, notify a manager or another scooper so that someone else is keeping an eye on that customer. It's important not to be overly cautious so as not to make the customer uncomfortable. If you have been unsuccessful in collecting money or you have determined a theft, and the customer has left your store, call your local police.

Shoplifting

Stores with self-service pint display freezers or gift displays that are placed within the reach of the customer are subject to shoplifting. This is similar to a walkout, but usually involves a customer trying to discreetly pocket or place an item out of view from the scoopers. A customer, for instance, may grab a key chain from a counter top display while the scooper has their back turned and quickly place it in their pocket. Unless you catch a shoplifter in the act, there's very little you can do. Never confront a customer unless you're absolutely positive that they've taken something. You also need to wait until someone has either left or is just about to leave the store before you can confront them. If you catch someone shoplifting, call the police immediately. Shoplifting is stealing, and it is a crime. The best defense against shoplifting is to be aware of everything and everyone in the store at all times.

Robberies

Don't be afraid to call your local police if you see someone that appears to be "casing" your store. If you see a person looking in the store or coming in the store, but leaving when other customers enter, they may have ulterior motives. Trust your instincts. If you think something is wrong, it probably is. It is very important that every employee completely understand what he or she should do if a robbery does occur. In the event of a robbery, certain procedures should be followed to minimize personal risk:

• Remain calm. • Never resist the robbery (no heroics). • Give the robber your full cooperation. • Watch for and remember distinctive physical traits. • Call the police and the franchise operator as soon as possible. • Get everyone that was in the store to write down as much as they can about the incident.

If you have a security system, contact the company and police immediately. You may have evidence on a video, which will assist in apprehending the criminal.

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Short Change Artists

Be aware of the following methods employed by short change artists and you'll be able to defend yourself against them. Generally, a short change artist will:

• Try to confuse a scooper at the cash register by continually interrupting during the transaction or by disputing the amount of change.

• Ask you for change of a large bill in the middle of a transaction, hoping that you give change without ever collecting the original bill. They'll always have the bill ready for you, but they won't offer it until you ask.

• Try to rush the scooper when they are making change. To best prevent being shortchanged:

• Concentrate on what you're doing. Don't allow yourself to become confused. Ignore any interruptions until you've completely finished the transaction. Once the transaction has been completed, then answer the customer's request or question.

• Keep sales separate. If the customer wishes to purchase an additional item, ring the initial sale in first and then the second one separately. Don't let anything interrupt your change making and don't let the customer do your thinking for you.

Always place the bill on the register ledge before making change. Also, remember to keep transactions separate. Make change for the purchase, and then make change for the other bill.

Counterfeit Money

Counterfeit bills usually look bad and can be easily noticed if you're careful and know what to look for. The easiest way to tell if a bill is counterfeit is to simply compare it to a real bill of the same denomination. The most commonly counterfeited bills are $100, $50, and $20. These bills have been redesigned with features that make counterfeiting extremely difficult. Some of the new features include:

• Security thread: The words "USA TWENTY" and a flag can be seen on the thread when viewed against a light.

• Larger portrait: The images are more detailed and off-centered, making a fake easier to spot. • Watermark: A duplicate image of the portrait is visible when held up to a light, which can not be

photocopied. • Fine-line printing: Fine lines behind the portrait and the White House picture on the reverse are

difficult to duplicate. Be on the lookout for altered bills made to look like larger ones. Sometimes people will cut a large bill (a twenty) into two pieces and paste one half onto one side of a one-dollar bill and the other half to another one-dollar bill. Each bill is folded so that only the side with the large bill can be seen. To protect against this trick, make a habit of unfolding all paper money and looking at both sides of large bills.

Theft From the Register

This can occur at any time. Typically the persons who engage in this type of theft are very patient. They will wait around for long periods of time until the opportunity presents itself. To protect against this, never

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leave the cash register unattended. If there is only one employee working and they have to leave the front line, they must always turn the register off and remove the key.

COMMUNICATIONS

Complaints/Suggestions for Improvement

All complaints should be directed to the store manager along with a recommendation for a positive solution. If a complaint is expressed to fellow employees without prior communication with the manager, the employee may be issued a warning and/or suspended. There will be a logbook kept for employees to record suggestions for improvement. Management is actively looking for ways to improve operations; so all suggestions will be taken seriously.

Pat-on-the-Back Program

We strongly encourage you to recognize fellow employees for conduct above-and-beyond the call of duty. When you notice any positive behavior of your fellow employee beyond the norm and worthy of recognition please record it on a sticky note and post it on the Pat-on-the-Back bulletin board. Your recognition of others is a profound act of kindness.

COMPENSATION/BENEFITS

Employment Status

Our stores have two employment categories:

1. Non-exempt employees: Includes all hourly employees. Employees in this category are entitled to overtime pay for work in excess of 40 hours per week. 2. Exempt employees: Includes regular salaried employees who are in job classifications that are exempt from the overtime provisions of the FLSA or applicable state laws.

Pay Rates

Starting hourly wages are commensurate with experience. You should expect a review of your wages once every six months or sooner if a promotion is being considered.

Pay dates

Paydays will occur on a two week cycle. Your pay will be provided to you in the form of a check from our company. Paychecks will be available after 12:00 PM on payday. Unfortunately, we will not be able cash your paycheck for you – your bank will probably be the best place to convert your check to cash. Upon your start with the company, we will provide you with the first pay date so you know when to expect your first paycheck.

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You will also be given a coupon for a free cone with every paycheck. This is yours to use as you please. We don’t care if you give it to friends, family, or anyone you deem appropriate as deserving a Ben & Jerry’s ice cream cone!

Hiring Probation

Following orientation and training, all new employees will work in the scoop shop under probation for a minimum of 30 hours of employment. After the required probationary period and once you have passed written and demonstrative tests your hourly wage may increase as outlined in your employment offer letter. Therefore, you have a strong incentive to apply yourself and master the basic requirements of the job. This probationary period does not suggest, directly or indirectly, permanent, lifetime or any fixed term of employment. The probationary period solely relates to a training and evaluation period.

Incentives

There are several incentive programs that may be in effect at any time. Pat-on-the-Back program – recipients of the greatest number of recognitions in a month from fellow employees may receive a certificate and may receive free merchandise. Employee of the month – employee selected by management may receive an award certificate and may receive a bonus. Product sales incentives – cash incentive amounts and tracking mechanisms will be discussed at staff meetings. Staff meeting quiz – top scorer(s) of the quiz may receive free merchandise. The frequency, duration and type of incentive as well as the rewards are up to the discretion of management.

Overtime

Overtime will be paid to all non-exempt employees when incurred. Overtime pay is calculated at one and one-half times the regular hourly rate when hours exceed 40 in one workweek. Hours paid that are not worked (paid time off; holidays) do not count as hours worked for overtime purposes.

Holidays

All Ben & Jerry's scoop shops are permitted to be closed on Thanksgiving, Christmas and New Year's Day. In the event that we decide to open for one of these holidays, overtime pay rates will be applied to all hourly employees who work. Salaried employees are exempt from this policy, but are typically paid for all three days as part of their work agreement with us.

Payroll Deductions

Payroll deductions will be made for Federal and State Income taxes, Disability and Social Security in accordance with the law. Every employee must complete a W-4 form at the time of hire. A statement of earnings and taxes withheld will be supplied to each employee at the end of the year.

Workers Compensation

Everyone is protected by worker's compensation insurance while working. It is a no fault system that exists in the US which assures compensation and medical coverage in the event of an injury or disability on the job. If you have been injured on the job you must report it immediately so that management may take appropriate action.

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Unemployment Compensation

This scoop shop contributes each year to the State Unemployment Fund on behalf of all of its employees. When an individual involuntarily leaves their job, he/she may be eligible for benefits under this program except in instances of gross/willful misconduct. Claims should be filed with the state.

Leave of Absence

This shop grants military leaves consistent with the Universal Military Selective Service and Training Act (UMT) and the Uniformed Services Employment and Re-employment Rights Act of 1994 (USERRA).

ASSESSMENT/PROMOTION

New Hire Training

A new employee must complete New Hire Training and pass a written/oral/demonstration exam before ending the probation period. There will be materials provided for ongoing training.

Assessments

Reviews are an integral part of learning and improvement. We will conduct a review of your performance frequently and at least once every quarter.

Promote Yourself Program

The Promotes Yourself Program describes available job positions and what it takes to get promoted and make more money.

Job Duties

Level 1 – Trainee

Duties: • Knowledge of flavors, products and B&J’s history • Great customer service • All menu item recipes • Waffle cones & baked goods • Novelty items • Basic POS procedures • Basic cleaning (i.e., sweeping, mopping, cleaning counters, windows, garbage) • On time • In full uniform

Level 2 – Scooper

Duties: all of the above, and • Packs cakes, sells cakes & takes orders • Advance cleaning details (e.g., defrosting dip cases, weekly cleaning tasks) • Multi-tasks well (cleaning, serving customers, stocking) • Stock & Organize store without direction

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• Advanced POS functions (coupons, voids, etc…) • Can effectively answer most customer inquiries • Understands opening and closing duties (e.g., weigh outs, sweeping & mopping, dishes)

Level 3 – Senior Scooper

Duties: all of the above, and • Ensures all cake orders & display cakes are packed & decorated • Assists & supervises completion of opening & closing procedures • Responsible for proper weigh-out procedures • Can assist co-workers with customer inquiries & basic store operations • Put away Bunzl & ice cream deliveries • Excellent multi-tasking • Ability to staff catering events

Level 4 – Shift Leader

Duties: all of the above, and • Demonstrated desire for increased responsibility (e.g., assisted when store was short handed,

completed extra work without being asked, followed up on tasks that needed to be completed without direction)

• Comfortable giving directions • Responsible for proper completion of all opening & closing tasks • Assists with interviews • Ability to conduct basic training for new employees • Responsible for cash; completes drawer counts, cash box counts & deposits • Responsible for exceptional customer service (teaches staff great customer service skills,

handles any customer dissatisfaction issues) • Calculates and monitors Scoop Percent • Prepares catering set-up/deliveries • Assists enforcement of store policies, work rules and procedures • Approves scheduling changes • Assists with inventory

Level 5 - Assistant Manager

The Assistant Manager is responsible for enthusiastically leading and motivating the restaurant team to achieve the highest levels of customer service satisfaction. The Assistant Manager ensures that each visit by a customer results in friendly and personalized service, with great ice cream that is promptly delivered in a clean and inviting environment. The Assistant Manager manages the restaurant in the absence of the Restaurant Manager and is responsible for managing the daily operations of the store. Accomplishes restaurant human resource objectives by orienting, training, assigning, scheduling, and coaching employees; communicating job expectations; planning, monitoring, appraising job contributions; recommending compensation actions; adhering to policies and procedures. Duties: all of the above, and:

• Maintains inventory and equipment to ensure smooth office operation. • Makes effective decisions by analyzing information and considering priorities. • Ability to expand job responsibilities, suggest improvements, and collaborate with others to

generate ideas and improve processes.

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• Uses understanding of the business to develop long term strategies to competitively position the company.

• Experience communicating regular status to clients, superiors, and peers. • Speaks clearly and effectively in a variety of settings. • Is attentive to the needs of customers. Responds quickly and competently to customer requests. • Capable of taking sanitation measures and precautions to ensure a clean food preparation

environment. • Skilled at measuring costs of products, services, or other cost objectives. • Capable of managing people and work. Skills include planning, developing policies, and

delegation.

Level 6 – Store Manager

Duties: all of the above, and • Completes schedules • Completes inventory • Places all orders • Tracks Scoop Percent, COGS, Labor • Directly responsible for COGS, labor expenses and customer experience • Ensures store is properly maintained (prepares and follows weekly maintenance schedule,

informs owner immediately of any additional maintenance needed, schedules and follows up on approved additional maintenance)

• Responds immediately to all customer complaints • Books and manages catering schedule • Controls cash • Final authority on store policies • Trains staff and completes all staff reviews • Plans and conducts monthly staff meetings and bi-weekly shift leader meetings • Oversees enactment of marketing plan • Completes sales & advertising reporting form • Assists owner with implementation of community service activity for the store and keeps staff

informed of all community involved events

Additional Positions

Caker Duties could include:

• Works with Marketing Maven to promote cake sales • Responsible for organizing and stocking decorating area, including writing tools full, cake boxes

are available, order-taking area is stocked (order forms, size and price availability list, etc…) • Decorates some or all of cakes for display; ensures display is always full • Coordinates with catering manager regarding cakes for large events • Trains other staff on caking

Marketing & Merchandising Maven Duties could include:

• Daily inventory of gift items • Responsible for gift orders • Uses marketing plan to sketch out promo dates for year • Unpacks, stores & organizes all promo materials

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• Hangs all new promotions • Trains staff (explains what the promotion is and how to maximize it) • Tracks specific promotions (sales, coupons, etc…) to determine success of marketing methods • Charts results for staff to view • Acts as contact for local advertisers

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Policies and Work Rules Guide Acknowledgement and Acceptance

I acknowledge receiving a copy of the current version of the Policies and Work Rules Guide for Hula Girl Ice Cream & Desserts, LLC dba Ben & Jerry’s. I have read the Policies and Work Rules Guide and have asked and received satisfactory answers to all questions regarding the Guide. I agree to accept and abide by all current policies, work rules and procedures of Hula Girl Ice Cream & Desserts, LLC.

Confidentiality Policy

Anyone who raises concerns related to harassment or discrimination may do so without fear of reprisal, criticism, retaliation or other adverse consequences. To the greatest extent possible, Ben & Jerry's protects the confidentiality of people involved in incidents of sexual harassment and in resolving these issues, respects the rights of those voicing concerns, as well as those accused of harassment.

At Will Acknowledgement and Acceptance

I understand that the Policies and Work Rules Guide is not a contract for employment and shall not be construed to suggest, directly or indirectly, permanent, lifetime or any fixed term of employment. The duration of employment will not be for any specified term and may be terminated at will by me or at will by the company, with or without cause, and with or without notice, at any time. I understand that only the Management of Hula Girl Ice Cream & Desserts, LLC has the authority to enter into an agreement for any specified period of time, and then only if it is done in writing and signed by the Management and by me.

Policies and Work Rules Change Acknowledgement and Acceptance

I understand that management reserves the right to change policies, work rules, procedures, benefits, or pay structure, at any time. IN WITNESS WHEREOF, Hula Girl Ice Cream & Desserts, LLC and ____________________ have signed this agreement. _____________________________________ Hula Girl Ice Cream & Desserts, LLC _____________________________________ Employee: Date: ________________________________