Eataly Chicago Handbook Revised (0323)
Eataly Chicago Handbook Revised (0323)
Eataly Chicago Handbook Revised (0323)
CHICAGO
{01190456.DOCX.2}
Ciao,
We are very excited that you’ve made the decision to join our family - Benvenuto a Eataly!!
We are a company of diverse people, unique stories, and with an approach to food unlike anyone
else…here, we help people discover, learn, and grow.
This Employee Handbook is a tool that we provide to help introduce you to certain aspects of our
culture, and to answer some of the most-often-asked questions concerning Eataly personnel
policies, practices, and benefits. We ask that you please take some time to review this handbook,
so you know the expectations we have for you, and the role you play in continuing to shape and
define the customer experience, as well as who Eataly is as an employer. It is your responsibility
to be knowledgeable about Eataly’s policies and procedures. Our goal is to ensure that Eataly is
an excellent place for you to work and to serve our guests in the best way possible.
Please know that although we will do all we can to maintain consistency in the policies,
practices, and procedures outlined here, we may make modifications, sometimes slight and
sometimes more significant, when needed because of a change in law, to address employee
concerns, or to meet a shift or need of the business. Eataly may also implement policies and
practices which may not appear in this Handbook and to revise this Handbook at any time and
without notice, including by distributing a policy that replaces a policy stated in this Handbook
in a separate, stand-alone document, which shall be deemed incorporated in this Handbook. Of
course, we will do our best to give you as much notice as possible when we do.
Now, a few of the more technical (yet important aspects) of joining the company:
• We know that you choose to be here, and you could choose to leave at any time, as your
employment with us is “at will”. In the same way, we may choose to part ways with you
for any reason, at any time, without notice.
• This handbook is a collection of policies and practices we have in place that impact your
job here. You should not interpret anything you read in this handbook as something that
changes the “at will” nature of your work with us.
• With the sole exception of the Dispute Resolution Program, which binds both you and
Eataly, nothing in this Handbook and nothing you receive from Eataly should be
interpreted to be an employment contract or create binding terms of employment, unless
it says so explicitly in writing and is signed by Eataly’s Chief Executive Officer.
Let us end with this message: we believe that one of the greatest sources of joy in life is good
food, and how it helps bring people together. We look forward to your helping us spread this
message. Welcome to the team!
{01190456.DOCX.2} i
TABLE OF CONTENTS
{01190456.DOCX.2} ii
TIME OFF AND LEAVE ...................................................................................... 22
XXI. HOLIDAYS .............................................................................................22
XXII. VACATION .............................................................................................22
Eligibility ................................................................................................................. 22
Vacation Accrual ..................................................................................................... 22
Carryover of Unused Vacation Time ....................................................................... 23
Vacation Selection ................................................................................................... 24
Vacation Payment .................................................................................................... 24
XXIII. SICK TIME ..............................................................................................24
Eligibility ................................................................................................................. 24
Accrual and Carryover ............................................................................................. 24
Usage........................................................................................................................ 25
Notice and Documentation ...................................................................................... 26
Compensation .......................................................................................................... 26
Separation ................................................................................................................ 27
No Retaliation for Use of Sick Time ....................................................................... 27
XXIV. JURY DUTY ............................................................................................27
XXV. BEREAVEMENT LEAVE .........................................................................27
XXVI. BONE MARROW AND ORGAN DONATION LEAVE .................................28
XXVII. BLOOD DONATION LEAVE ....................................................................29
XXVIII. EMERGENCY RESPONSE LEAVE ...........................................................29
XXIX. SCHOOL VISITATION LEAVE .................................................................29
XXX. VOTING LEAVE......................................................................................30
XXXI. MILITARY LEAVE ..................................................................................30
Military Leave .......................................................................................................... 30
Military Family Leave ............................................................................................. 30
XXXII. LEAVE TO APPEAR AS A VICTIM OR A WITNESS IN A CRIMINAL
PROCEEDING .........................................................................................31
XXXIII. DOMESTIC, SEXUAL OR GENDER VIOLENCE LEAVE ............................31
XXXIV. ELECTION JUDGE LEAVE ......................................................................33
XXXV. FAMILY AND MEDICAL LEAVE .............................................................33
Eligibility ................................................................................................................. 33
Definitions................................................................................................................ 34
Notice and Certification ........................................................................................... 35
Intermittent or Reduced Schedule Leave ................................................................. 36
Use of Paid Leave .................................................................................................... 36
Medical Insurance Coverage During Leave ............................................................ 37
Returning to Work ................................................................................................... 37
Other Provisions....................................................................................................... 38
XXXVI. OTHER LEAVE .......................................................................................39
BENEFITS ......................................................................................................... 39
XXXVII. HEALTH COVERAGE .............................................................................39
XXXVIII. VOLUNTARY BENEFITS ........................................................................39
XXXIX. SHORT-TERM DISABILITY .....................................................................39
XL. WORKERS’ COMPENSATION .................................................................40
XLI. EMPLOYEE DISCOUNTS ........................................................................40
XLII. FAMILY MEAL .......................................................................................40
{01190456.DOCX.2} iii.
XLIV. CODE OF ETHICS ...................................................................................41
XLV. GENERAL PERFORMANCE EXPECTATIONS ..........................................41
XLVI. TECHNOLOGY USAGE GUIDELINES ......................................................42
Acceptable Use ...........................................................................................................42
Monitoring 43
XLVII. SOCIAL MEDIA ......................................................................................44
XLVIII. CONFIDENTIAL INFORMATION .............................................................45
XLIX. NON-DISPARAGEMENT .........................................................................46
L. ACCEPTANCE OF GIFTS .........................................................................46
LI. THEFT ....................................................................................................47
LII. GRATUITOUS FOOD & BEVERAGE POLICY ...........................................47
LIII. INTEGRITY ............................................................................................47
LIV. GAMBLING ............................................................................................47
LV. CASH HANDLING POLICY......................................................................47
LVI. ID CARDS ...............................................................................................48
LVII. OUTSIDE EMPLOYMENT .......................................................................49
LVIII. FINANCIAL INTEREST ...........................................................................49
LIX. WORKPLACE SEARCHES .......................................................................49
LX. LOCKER RESPONSIBILITY .....................................................................50
LXI. PHONE CALLS ........................................................................................51
LXII. DRESS CODE ..........................................................................................51
LXIII. GROOMING & HYGIENE PRACTICES .....................................................52
LXIV. SOLICITATION AND DISTRIBUTION OF LITERATURE ...........................53
LXV. HOUSEKEEPING ....................................................................................53
LXVI. PROHIBITED CONDUCT .........................................................................53
LXVII. WORKPLACE VIOLENCE .......................................................................54
LXVIII. WEAPONS ..............................................................................................56
LXIX. FORMER EMPLOYEES PROHIBITED IN EMPLOYEE-ONLY AREAS ........57
LXX. SAFETY ..................................................................................................57
LXXI. EMPLOYEE RESPONSIBILITY IN CASE OF EMERGENCY .......................57
LXXII. OFF-DUTY DINING & ALCOHOL POLICY ...............................................57
LXXIII. ALCOHOL SERVICE GUIDELINES ..........................................................58
LXXIV. WAREHOUSE POLICY ............................................................................59
LXXV. ECURITY CAMERAS ..............................................................................60
LXXVI. DISPUTE RESOLUTION PROGRAM ........................................................60
{01190456.DOCX.2} iv.
GENERAL POLICIES
I. MISSION STATEMENT
Eataly is committed to providing the finest artisanal products that represent sustainability,
responsibility, and sharing. We have dedicated ourselves to sharing our knowledge and enriching
lives through high quality food and beverage.
We recognize that our employees are our most important assets in fulfilling this commitment.
We strive to provide a work environment in which every employee has the opportunity to reach
their maximum potential, learn, and grow with Eataly.
Eataly provides equal employment opportunities to all employees and job applicants for
employment without regard to actual or perceived race, color, creed/religion, gender/sex,
pregnancy, sexual orientation, gender identity, expression or presentation, marital status, national
origin, ancestry, ethnicity, citizenship, work authorization status, age, physical or mental
disability, military status, past, current, or prospective service in the uniformed services,
unfavorable discharge from military service, genetic predisposition or carrier status, status as a
victim or perceived victim of domestic violence or sexual violence, order of protection status,
arrest record, expunged or sealed convictions, parental status, source of income, housing status
or credit history, or other protected categories under federal, state, or local law. The Company
fully complies with all applicable federal, state and local anti-discrimination laws.
With this policy, Eataly prohibits not only unlawful discrimination and harassment, but also
other unprofessional actions. Disciplinary action may be taken even when the conduct on the
part of an employee that does not rise to the level of unlawful discrimination or harassment, but
is nevertheless unprofessional. Appropriate action may also be taken to deter future harassment,
discrimination or misconduct.
Harassment and discrimination prohibited by this policy includes any verbal, nonverbal, visual or
physical conduct based on a Protected Characteristic that is designed to threaten, intimidate, or
coerce, or that has the purpose or effect of unreasonably interfering with that individual’s work
performance and/or creating an intimidating, hostile or offensive work environment.
Harassing conduct includes, but is not limited to: verbal, physical, written or graphic material,
including epithets, slurs, jokes, negative stereotyping, gestures, photographs and cartoons or
threatening, intimidating or hostile acts, that denigrate or show hostility or aversion toward an
individual or group because of a Protected Characteristic that is posted anywhere in the
workplace or said, done or circulated in the workplace, including by electronic means. Examples
of such conduct are:
Harassment does not require intent to offend. Thus, inappropriate conduct meant as a joke, a
prank, or even a compliment can lead or contribute to harassment.
Sexual Harassment
Sexual harassment is illegal in Chicago. Sexual harassment means unwelcome sexual advances
or unwelcome conduct of a sexual nature or requests for sexual favors or conduct of a sexual
nature when submission to such conduct is made either explicitly or implicitly a term or
condition of an individual’s employment, submission to or rejection of such conduct by an
individual is used as the basis for any employment decision affecting the individual, or such
conduct has the purpose or effect of substantially interfering with an individual’s work
performance or creating an intimidating, hostile or offensive working environment. Sexuahl
harassment also includes sexual misconduct, which means any behavior of a sexual nature which
also involves coercion, abuse of authority, or misuse of an individual’s employment position.
Sexual harassment includes many forms of offensive behavior. Examples of conduct that may
constitute sexual harassment include, but are not limited to:
The type of behavior described above is unacceptable in the workplace and any other work-
related setting such as a business trip or business-related social events.
Individuals with supervisory or managerial authority are subject to additional rules under this
policy. No one with a supervisory or managerial role may at any time: (1) threaten or imply that
an individual’s submission to or rejection of a sexual advance will in any way influence any
decision regarding their employment, performance evaluation, advancement, compensation,
assignments, discipline, discharge, or any other term or condition of employment; or (2) make
any employment decision concerning an individual on such a basis. In addition, individuals with
supervisory or managerial authority have heightened reporting responsibilities, as discussed in
detail below.
All employees must participate in (i) sexual harassment prevention training annually, with at
least one hour of training required for employees and a minimum of two hours for managers and
supervisors, plus (ii) one hour of “bystander training” for all employees annually.
Reporting a Complaint
Everyone shares the responsibility for avoiding discrimination and harassment. If you feel that
you have experienced or witnessed discrimination or harassment, Eataly encourages you to
notify the offender directly that such behavior is unwelcome. Eataly also urges and expects you
to notify your supervisor or manager and report any conduct that violates this policy. If you do
not feel comfortable approaching your supervisor or manager, or your supervisor or manager is
We encourage prompt reporting of complaints so that rapid and appropriate action may be taken.
You should report conduct that violates this policy regardless of the offender’s position at Eataly
and should report the conduct even if the offender is not employed at Eataly (for example, a
vendor or customer).
Supervisory and managerial employees who receive a complaint or information about suspected
discrimination or harassment, including sexual harassment, observe what may be sexually
harassing behavior or for any reason suspect that discrimination or harassment is occurring, are
required to report such suspected discrimination or harassment.
While Eataly encourages employees to bring forward legitimate complaints or concerns about
inappropriate or unacceptable workplace conduct and will not retaliate against employees for
doing so, Eataly cannot legally consider information about an employee that is protected by
applicate state, federal or local law in making employment-related decisions, such as information
regarding an employee’s sexual orientation or criminal background. Accordingly, should an
employee learn of personal information of a protected or confidential nature about another
employee, including by conducting searches on the internet, but that does not relate to workplace
conduct about which the employee is complaining, they should not bring the information to
Eataly’s attention unless it relates to inappropriate conduct in the workplace.
Investigating Complaints or Reports of Discrimination or Harassment
We will thoroughly and promptly investigate all discrimination and harassment complaints and
reports of potential discrimination and harassment. Eataly may require individuals to cooperate
with an investigation. To the extent practicable, Eataly will keep these complaints, the identities
of individuals, and the terms of their resolution confidential and on a strict need-to-know basis.
However, investigation of such complaints may require disclosure to the accused party and other
witnesses in order to gather the pertinent facts.
In conducting the investigation, the assigned investigator will do the following, as appropriate, to
ensure due process for all parties:
In addition, disciplinary action, up to and including termination from employment, will be taken
where it is determined that a manager or other supervisory personnel either engaged in conduct
prohibited by this policy, failed to report violations of this policy or employee complaints of
workplace discrimination or harassment to Eataly, or allowed such behavior to continue.
Alternative Remedies
Discrimination and harassment, including sexual harassment, is prohibited by federal and state
law, including Title VII of the Civil Rights Act of 1964 and the Illinois Human Rights Act. In
order for Eataly to promptly and effectively address instances of harassment, and take
appropriate corrective action, Eataly strongly encourages individuals to utilize the complaint
procedures set forth in this policy if they believe they have been subjected to conduct that
violates this policy.
However, in addition to utilizing the complaint procedure set forth herein, individuals who
believe they have been subjected to harassment may also file a complaint with the U.S. Equal
Employment Opportunity Commission (EEOC), Illinois Department of Human Rights (IDHR)
or Chicago Commission on Human Relations (CCHR). Contact information for these agencies is
as follows:
A complaint with the EEOC must be filed within 300 days. In addition, an appeal process is
available through the Illinois Human Rights Commission, after IDHR has completed its
investigation of the complaint. Where the employing entity has an effective sexual harassment
policy in place and the complaining employee fails to take advantage of that policy and allow the
employer an opportunity to address the problem, such an employee may, in certain cases, lose
the right to further pursue the claim against the employer.
Employees may also file a lawsuit in federal or state court, unless the employee’s claims are
subject to a mandatory arbitration agreement (such as Eataly’s Dispute Resolution Program), in
which case the employee’s claims must be filed in accordance with the terms of that agreement,
not in court.
Employees will not be retaliated against for requesting reasonable accommodations for the
reasons set forth below.
Disability Accommodations
Eataly is firmly committed to complying with the Americans with Disabilities Act (ADA) and
other federal, state and city legislation designed to ensure equal employment opportunities to
qualified individuals with disabilities. Eataly prohibits discrimination on the basis of disability in
regard to all employment practices or terms, conditions and privileges of employment.
Consistent with this policy and applicable law, reasonable accommodations will be provided to
individuals with a known physical or mental disability if such accommodation would not impose
an undue hardship on Eataly, and would enable the individual to perform the essential functions
of the job in question. Reasonable accommodation may be, depending on all the circumstances,
modification or adjustment to the work environment, the way things are usually done, or to
remove non-essential functions of the position, that enables an employee with a disability to
perform the essential functions of the job, and to enjoy equal benefits and privileges of
employment. Eataly may require medical verification of both the disability and the need for the
accommodation. The Company will not seek genetic information in connection with requests for
accommodation. All medical information received by the Company in connection with a request
for accommodation will be treated as confidential.
Religious Accommodations
Consistent with this policy and applicable law, reasonable accommodations will be provided to
employees related to pregnancy, childbirth, or related medical conditions if such
accommodations would not impose an undue hardship on Eataly while allowing employees to
perform the essential duties of their job, which may include, but not limited to, the following:
Accommodations depend upon the employee’s job qualifications, the essential functions of the
employee’s job, and other specific facts and circumstances of each individual situation.
Lactation Accommodation
Eataly will provide a reasonable amount of unpaid break time to accommodate a female
employee’s need to express milk for a nursing child. As long as the employee is nursing, she
may take breaks to express breast milk. Eataly will make a reasonable effort to provide the
employee with the use of a room (other than a bathroom) or other location in close proximity to
the employee’s work area, for the employee to express milk in private.
Eataly strictly forbids retaliation against any party by another employee or by anyone
representing Eataly for using the complaint procedure, for reporting discrimination or harassment
or conduct that they honestly believe constitutes a violation of this policy, for requesting a
reasonable accommodation as provided for in this Handbook or available by law, or for filing,
testifying, assisting or participating in any manner in any investigation, proceeding or hearing
conducted by Eataly or a government regulatory or law enforcement agency concerning
discrimination or harassment.
Any person who feels that the employee has experienced such prohibited retaliation, or who is
aware of any prohibited retaliation by any person, should immediately report the matter by
following the complaint procedure outlined above. As with complaints of discrimination or
harassment, Eataly will immediately investigate any complaint and will take appropriate action
to prevent or rectify any retaliation.
WORKING GUIDELINES
VI. IMMIGRATION
Eataly only employs persons who are authorized to work in the United States, in accordance with
federal law. As a condition of employment, every individual must provide satisfactory evidence
of the employee’s identity and legal authority to work in the United States. The most common
forms of identification are a driver’s license and social security card; however, federal law
permits certain other official forms of identification. Employees who are authorized to work in
the United States on a work visa are responsible for ensuring that their work visa remains current
and for providing Eataly with any new visa documentation prior to the expiration of the prior
authorization.
Employees at Eataly are classified as exempt, regular full-time non-exempt, regular part-time
non-exempt or temporary exempt or non-exempt. Any employee who feels that they have been
misclassified as exempt or non-exempt should bring this to the attention of their supervisor
and/or Human Resources immediately.
Exempt Employees. Exempt employees are those whose job assignments meet the federal and
state requirements for overtime exemption, are compensated on a salary basis and are not eligible
for overtime pay for hours worked over 40 within a single week. Eataly will advise employees in
writing if you are classified as “exempt.”
Regular Full-Time Non-Exempt Employees. Regular full-time non-exempt employees are those
who are normally scheduled to work and who do work a minimum schedule of thirty-two (32)
hours per week and receive overtime pay at the rate of 1.5 times their regular rate of pay for all
hours worked over 40 in a single week.
Regular Part-Time Non-Exempt Employees. Part-time employees are those who are scheduled to
and do work less than thirty-two (32) hours per week. Part-time employees may be assigned a
work schedule in advance or may work on an as-needed basis. Part-time employees are eligible
for some, but not all, of the employee benefits described in this Handbook. Part-time employees
may be classified as exempt or non-exempt based on their specific job duties and compensation.
Should a part-time non-exempt employee work more than 40 hours in a given week, that
Fixed-Term Employees. Fixed-term employees are those who are employed for short-term
assignments. Short-term assignments will generally be periods of three months or less. Fixed-
term employees are not eligible for employee benefits and may be classified as exempt or non-
exempt based on their specific job duties and compensation. Non-exempt fixed-term employees
will receive overtime pay at the rate of 1.5 times their regular rate of pay for all hours worked
over 40 in a single week.
Failure to update your address, number of dependents and tax withholding information provided
on a W-4 or similar state/local tax forms may result over- or under-withholding of federal, state
and/or local taxes. Employees will be solely responsible for any adverse tax consequences
stemming from an employee’s failure to update their personal data.
All employee records containing health and medical information will be kept in separate,
confidential files. Access to those files will be restricted and information from these files will not
be released to anyone, including an employee’s immediate supervisor, except as necessary to
provide an employee with a reasonable accommodation of the employee’s disability, in
accordance with law.
Employees have the right to inspect or copy records pertaining to their employment, upon
written request.
Time worked in excess of 40 hours in a work week will be paid to non-exempt employees at time
and one-half the regular rate of pay, or as required by law. Leave, sick, vacation, holiday or
personal time is not considered as time worked for overtime purposes. Employees must have
written approval from their immediate supervisor before working overtime. Working overtime
without advance approval may result in disciplinary action.
X. TIMEKEEPING GUIDELINES
Non-Exempt Employees
REQUIREMENT POLICY
CLOCK IN / CLOCK OUT • All employees must clock in and out for all shifts.
ALL employees must clock out and in for all Meal
Breaks. Failure to follow proper time clock
procedure will result in disciplinary action.
• It is each employee’s responsibility to clock in prior
to starting work at the time your shift begins and
you are ready to work, and to clock yourself out as
soon as your shift is over and you have finished
work.
• Clock in and out according to your schedule for
each shift. If you arrive early, do not clock in or
begin working until the start of your scheduled shift,
unless specifically asked to do so by your manager.
If you are required to stay past the end of your
scheduled shift, do not clock out until you leave the
property. Do not forget to clock out.
• You must be wearing your designated uniform when
clocking in.
• You must clock in for the proper job category for
which you have been assigned.
• Record all hours worked. Do not work off the clock!
• Any employee errors in clocking in or out must be
brought to the attention of your manager on the day
of the error. Eataly calculates your pay based on
your time card and it is your responsibility to ensure
the time card is correct.
• Do not clock in or out for another employee.
Clocking in or out for another employee or having
Managers
REQUIREMENT POLICY
MEAL BREAKS • Ensure your team members take meal breaks that are
uninterrupted and at least 30 minutes long. If a meal
break is interrupted or is less than 30 minutes, a
team member must be paid for the break time and
the 30-minute meal break period must begin again.
• Meal breaks should generally occur no later than 5
hours after the employee commences their shift.
• Employees must clock out and back in for meal
breaks.
• Do not automatically deduct the meal period from
the time records. If an employee forgets to clock out
and/or back in for a meal break, contact Payroll.
• If an employee is unable to take a meal break, you
must either help rearrange the workload so the
employee can take the break as scheduled or
reschedule the break.
XI. BREAKS
Meal Breaks
Eataly provides employees with meal breaks as required by Illinois/Chicago law. Employees
must clock in and out for all meal periods. Meal periods and breaks longer than 20 minutes, paid
or unpaid, are not included when calculating hours worked for the purposes of determining
whether overtime is owed to non-exempt employees for a given week.
Eataly will endeavor to accommodate employees who request to take their meal break at a
different time than specified. Any employee not receiving the employee’s uninterrupted meal
periods should immediately inform the employee’s supervisor, the General Manager or Human
Resources.
Rest Breaks
Eataly will provide an unpaid twenty-minute meal break for any employee who is to work for
seven-and-one-half (7 ½)continuous hours or longer, which will be provided within the first five
(5) hours of work.
Call out and tardiness frequency will be monitored. If a pattern of tardiness or absenteeism is
identified; for example, being tardy the same day each week or if absence occurs the day
immediately before or after a scheduled day off, the Manager and Human Resources will review,
and if in agreement, disciplinary action may warranted. Habitual or chronic unexcused absence
and/or tardiness is cause for disciplinary action up to and including termination from
employment.
Attendance and Call-Out Procedures
If you cannot report to work, or will be late, you must contact your manager. You are
responsible for having your managers’ contact information. You may call your manager, or
alternatively email your manager. However, if you send an email and do not receive a reply prior
to the start of your shift, you must follow up with a phone call.
Employees must provide a minimum of three (3) hours’ notice on all call outs. Anything less
than three (3) hours is considered Late Notice. The only exception to this rule is where the need
to be absent or late is unforeseeable, in which case notice must be given as soon as practicable.
Employees will be disciplined accordingly in the event of Late Notice.
Employees may also be disciplined if their absence is not excused, and/or for a pattern of
unexcused absences. Complying with the call-out procedure outlined in this policy does not
automatically make your absence “excused.” Only your manager can determine whether your
absence is excused. However, an employee whose absence is covered by the sick leave policy
set forth in this Handbook, and whose absence is for a reason other than “personal
circumstances,” will always be “excused” though employees must nonetheless provide as much
advance notice of their sick leave-qualifying absence as practicable. For employees who have
exhausted available paid sick leave and continue to call out sick, those absences will not be
considered “excused.”
Eataly requests that, whenever possible, employees attempt to get their shift(s) covered when
they cannot come to work (unless the employee’s absence is due to the use of sick leave as
defined in this Handbook).
No Call/No Show
Any absence without notice (i.e., you do not appear for a scheduled shift and do not let a
manager know that you will be out) is deemed a No Call/No Show. Employees may also be
disciplined, up to and including immediate termination of employment, for any No Call/No
Show.
Please be advised that two (2) consecutive No Call/No Shows is considered job abandonment,
unless you can demonstrate that it was impossible or impracticable to provide the required three
(3) hours’ notice prior to an absence.
Additionally, lateness, including failure to clock in at the scheduled start of your shift and/or not
being in uniform and at your station ready to work at the start of your scheduled shift, will not be
tolerated. Employees are considered “late” if they have not clocked in and/or are not at their
station ready to work within five (5) minutes of the scheduled start of their shift.
If you are going to be late you must speak with a manager prior to the start of your scheduled
shift. Failure to do so may lead to discipline. Again, you are responsible for having your
managers’ contact information, and email and text are not acceptable call out methods.
Employees may be disciplined for lateness even if the employee has complied with the
notification procedure outlined herein.
If your lateness is due to the use of sick leave for a reason covered by the sick leave policy set
forth in this Handbook, employees must nonetheless advise a manager that they will be late due
to use of sick leave prior to the start of their scheduled shift except in an emergency; that is,
employees may not arrive to work late and then claim they were late due to use of sick leave.
XIII. TIPPED EMPLOYEES
Eataly approves the practice of sharing tips among tipped service employees. Eataly credits tips
for service employees against the minimum wage as permitted by federal, state and/or local law.
All tipped employees must report their total tips to Management, including cash and credit card
tips, on a daily basis. Tipped employees are responsible for accurately recording their tip income
at the end of each shift. Your manager will instruct you on the proper procedure for doing so.
100% of tips are taxable and must be reported. Compliance with this policy is a condition of
employment. Tips are considered taxable earnings. Not reporting them can be considered tax
fraud and could result in heavy fines from various federal and state administrative agencies,
including the Department of Labor and Internal Revenue Service (IRS). Repeatedly
underreporting tips may place you, Eataly and your co-workers in the unnecessary and
unwarranted position of an audit. We will monitor all tip declarations on a weekly basis for
accuracy.
Federal law requires Eataly to file gross sales and tip totals with the IRS. All the tips you receive,
either in cash or included in a credit card transaction, are taxable income. All tips, regardless of
whether they are paid in cash or by credit card, will be included on your weekly paycheck and
recorded as income. Management will discipline any employee found to be under-reporting
gratuities, up to, and including, termination from employment.
For tips charged on a credit card, Management will deduct the service fee payable to our credit
card companies for converting the credit card tips (interchange fee), unless prohibited by the law
of the state or city in which the employee works. Failure to report accurate information in this
regard could result in your being assessed substantial penalties by the Internal Revenue Service
as well as disciplinary action by Eataly.
As a tipped employee, it is understood that a large part of your income is derived from tips
received from guests. Tipped employees will also receive an hourly wage for all hours worked in
accordance with state and federal law. In consideration of the additional tip income received by
tipped employees, federal and state law permits Eataly to take a tip credit against the minimum
wage toward the minimum hourly wages paid to tipped employees. Eataly may take the
maximum allowable tip credit per hour toward the wages of tipped employees, which, together
with the tip credit, equals the full minimum wage. All employees will receive notice of their rate
of pay and additional wage information upon hire and at any time their rate of pay changes.
The tip credit taken for any employee will never exceed the value of tips an employee actually
receives in a work-week. If an employee’s hourly wage and tips over the course of a work-week
do not equal or exceed the applicable state or local minimum wage then in effect for each of the
first forty (40) hours of work and 1.5 times the applicable state or local minimum wage then in
effect for each hour over forty (40), the employee will be paid additional wages that week to
make up the difference. Employees should notify their manager and/or Human Resources if they
believe this situation has occurred.
If the federal or applicable state or local minimum wage increases, or the allowable tip credit
decreases, Eataly will adjust its payroll practices to comply with the revised requirements.
All tips received by a tipped employee are to be retained by the employee, except to the extent
that Eataly requires employees to participate in a valid tip pooling or sharing arrangement, which
is limited to employees who customarily and regularly receive tips. Your manager will inform
you about any tip pooling or sharing requirements.
No tip credit will be taken against any employees’ wages unless that employee has been
informed of the tip credit provisions of the Fair Labor Standards Act and Illinois state and local
law, which have been outlined above.
Payment of Wages
Eataly’s pay period runs from Monday through Sunday. Eataly has a five-day processing time
between the date payroll ends and the actual date payroll checks are issued.
Employees are paid weekly, on Friday. If you receive a hard-copy paycheck, your paycheck will
be available for pick up every Friday. If you are away on payday, your paycheck will be held
until you return. For your convenience, Eataly offers a direct deposit plan and pay cards. Direct
deposit allows employees to have their pay deposited into a checking or savings account on
payday (every Friday). Pay Cards are a “virtual” bank account. Eataly will deposit funds in
MasterCard Debit Card. For more information please contact Human Resources.
Paycheck Review
All employees are subject to taxes on earnings. All deductions required by law and all
permissible, authorized voluntary deductions will be automatically withheld from your paycheck.
By law, Eataly is required to honor legal garnishment of employee’s wages. These include tax
levies, child support orders, loan repayment and other court ordered garnishments. Employees
will be notified if the Human Resources Department receives such an order.
Please contact Human Resources or Accounts Payable with any questions about reimbursable
expenses.
Opportunities for Eataly employees are endless: as a Company we encourage our Employees to
grow with us and pursue their passions. Eataly is dedicated to assisting employees to reach their
professional goals through internal promotion and transfer opportunities. This procedure enables
current employees to apply for any available position either before or at the same time the
position is advertised outside of the company. However, in order to ensure fair opportunities and
a seamless transition for all, we have outlined the following guidelines to ensure compliance
with Equal Opportunity Employment principles as well as streamline any employee transfers so
as not disrupt business pattern.
To be considered for a transfer or a promotion within the United States, you must meet the
following eligibility requirements:
If you are interested a transfer to an Eataly location outside the United States, please speak with
your manager. Eligibility requirements may vary for transfers to location outside the United
States.
If you need to have your employment or income verified, please refer the verifier to Experian
employer services web site where they will complete the verification process:
www.experianverify.com. Any additional questions can be answered by contacting Experian
employer services customer support center: Email: [email protected] Phone: (404)
382-5400.
As used in this policy, the term “biometric data” includes “biometric identifiers” and “biometric
information” as defined in the Illinois Biometric Information Privacy Act (“BIPA”).
“Biometric identifier” means a retina or iris scan, fingerprint, voiceprint, or scan of hand or face
geometry. Biometric identifiers do not include writing samples, written signatures, photographs,
human biological samples used for valid scientific testing or screening, demographic data, tattoo
descriptions, or physical descriptions such as height, weight, hair color, or eye color.
In accordance with the BIPA, Eataly will obtain an employee’s consent to collect, store, use, and
disseminate their biometric data prior to doing so.
Eataly may provide such biometric data to its Vendors. However, Eataly and its Vendors will
not sell, lease, trade, or otherwise profit from an employee’s biometric data; provided, however,
that Eataly’s Vendors may be paid for products or services used by the Company that utilize the
biometric data.
1. Within twelve (12) months after the date when the initial purpose for collecting or
obtaining such biometric data no longer exists (e.g., Eataly stops using biometric-
facilitated point-of-sale systems or an employee is separated from the Company); or
2. Within 3 years of the employee’s last interaction with the Company.
Eataly will not disclose any biometric data to anyone other than its Vendors providing products
and services using biometric data, unless:
Eataly will use a reasonable standard of care to store, transmit and protect from disclosure any
paper or electronic biometric data collected. Such storage, transmission, and protection from
disclosure shall be performed in a manner that is the same as or more protective than the manner
in which Eataly stores, transmits and protects from disclosure other confidential and sensitive
information, including personal information that can be used to uniquely identify an individual or
an individual’s account or property, such as genetic markers, genetic testing information, account
numbers, PINs, driver’s license numbers, and social security numbers.
Notice
Employees desiring to terminate their employment relationship with Eataly are urged, but not
required, to notify Eataly in writing at least two (2) weeks in advance of their intended
termination. We appreciate as much advance notice as possible in order to transition your
responsibilities to another person. Employees who fail to provide two (2) weeks’ notice will not
be eligible for rehire.
As mentioned elsewhere in this Handbook, all employment relationships with Eataly are on an
at-will basis. Although we hope that our relationship with all of our employees will be long-term
and mutually rewarding, Eataly reserves its right to terminate the employment relationship at any
time.
Health Insurance Continuation
Employees will receive their final paycheck on Eataly’s first regular payday for the pay period in
which the separation date falls
Our employee rehire policy defines rules for rehiring former employees. Sometimes, we may find
it more beneficial and cost-effective to hire employees we trust who left our company for various
reasons. This policy will outline circumstances under which former employees might be rehired
and any relevant eligibility guidelines.
This policy does not prohibit any former employee from applying to a position. Instead, it
outlines when Eataly will consider the employee a “rehire” versus a “new hire.” Employees
should contact Human Resources for information regarding eligibility for various employment
benefits for “rehires” and for “new hires.”
Rehires
Employees who were working for Eataly for more than 6 months during their prior service and
are returning within 90 days of their last day worked will be considered a “rehire.” Employees
who were working for Eataly for less than 6 months or have been separated from Eataly for more
than 90 days will be considered “new hires” if rehired.
Employees who left the company for one of the following reasons will be considered for rehire:
• Voluntary resignation with at least two (2) weeks’ notice.
• Company lay-offs.
• Fixed-term employment ended.
These days the market, restaurants and corporate offices are closed.
A regular full-time non-tipped employee (including any employee who works at the Quick
Service counters) who has worked for Eataly for at least 60 days and is normally scheduled to
work on the day of the week on which the holiday falls will be paid for a holiday at the
employee’s regular rate for your regularly scheduled hours, provided the employee is at work the
scheduled day before and the scheduled day following the holiday, unless otherwise excused in
advance by the employee’s supervisor. Holiday pay is not available for employees who have
worked for Eataly for fewer than 60 days.
When a holiday falls during a regular full-time non-tipped employee’s vacation period, the
employee is not charged with a vacation day.
Eataly will provide a list of any additional holidays to eligible employees at the time of hire or
other time as may be warranted.
Eataly reserves the right to change the holiday schedule, and those employees entitled to paid
holidays, at any time.
XXII. VACATION
Eataly recognizes the need for leisure time as a vacation deserved and as a reward for your
contribution to Eataly.
Eligibility
All Eataly employees, with the exception of Non-Exempt Part Time and Tipped employees
(Servers, Bartenders, Table Support, Tipped Host) are eligible for vacation time (“Vacation-
Eligible Employees”).
Vacation Accrual
For Vacation-Eligible Employees, vacation time begins accruing on an employee’s 91st day of
work and is available to use immediately once the time has accrued.
Vacation-Eligible Employees will accrue vacation at the rate of 2.0 hours per work week, for a
total of up to 80 hours of paid vacation per year between year zero (0) and two (2) years of
service. Year 0 is from your official start date to your first-year anniversary.
In the third (3rd) and fourth (4th) years of service, Vacation-Eligible Employees will accrue 3.0
hours per work week, for a total up to 120 hours of paid vacation per year.
After five (5) years of service is completed, Vacation-Eligible Employees will accrue 4.0 hours
per work week, for a total up to 160 hours of paid vacation per year.
For the purposes of this vacation policy, a “work week” is defined as a minimum of 32 hours
actually worked in a week. Vacation time will not accrue in any week where an employee
actually works less than 32 hours.
Carryover of Unused Vacation Time
At the end of their vacation year, employees will be allowed to roll over their unused vacation to
the next vacation year, but employees will be subject to a “Vacation Bank Cap”. The Vacation
Bank Cap is the maximum number of vacation hours an employee may have at any given time
and is equal to the amount of time they are eligible to accrue in a year, and is equal to the
maximum number of hours an employee could accrue in a year if they did not carry over any
unused time. Once an employee reaches the Vacation Bank Cap in any given year – whether
because they rolled over time, accrued time, or both – the employee will not accrue any
additional vacation hours until the employee uses some of their unused vacation and the
employee's bank decreases below the maximum Vacation Bank Cap. No employee will receive
retroactive credit for any period of time in which that employee did not accrue vacation because
they had reached the Vacation Bank Cap maximum amount.
Vacation-Eligible Employees may not be paid for accrued, unused vacation in lieu of time off.
The accrual rate, maximum hours accrued per year and vacation bank cap is summarized in this
chart:
Year
Year 0 Year 1 Year 2 Year 3 Year 4
5+
Accrual Rate (hours per work
week if minimum 32 hours 2 2 2 3 3 4
worked
Maximum hours accrued per
80 80 80 120 120 160
year
Vacation Bank Cap (hours) 80 80 80 120 120 160
Eataly employees are required to request vacation time at least two (2) weeks prior to the
requested time off by submitting a formal request to Eataly via the Company’s time off request
system then in place. Vacation time can be requested and used in increments of one (1) hour up
to eight (8) hours in a day. Use of vacation time when requested is not guaranteed, and approval
is always subject to business needs.
Vacation Payment
Vacation time off is paid at the employee’s regular hourly rate in effect at the time of vacation. It
does not include overtime or any special forms of compensation such as incentives, bonuses, or
shift differentials. Employees will not be paid for more than forty (40) hours of vacation time for
a vacation “week.”
Accrued, unused vacation time will be paid out upon termination of employment.
Eligibility
This policy applies to employees who work more than eighty (80) hours in any in any 120-day
period.
Accrual and Carryover
On the ninety-first (91st) day of employment, and each January 1 thereafter, all employees who
have been employed for at least 90 days by that date will be provided with forty (40) hours of
sick time and an additional twenty (20) hours of sick time that can be used solely in the event the
employee takes leave under the Family & Medical Leave Act (“FMLA”) policy in this
Handbook (“FMLA-Only Sick Time”)
As the employee’s annual allotment of sick time (including FMLA-Only Sick Time) is provided
on the 91st day of employment and each January 1, unused sick time, including FMLA-Only Sick
Time, does not carry over from year to year. Accordingly, any accrued but unused sick time or
FMLA-Only Sick Time will be forfeited at the end of each calendar year.
FMLA-Only Sick Time may not be used as additional sick time other than while the employee is
on FMLA.
Employees may use a maximum of forty (40) hours of sick time per year for the reasons set forth
below. Employees who do so may use up to twenty (20) additional hours of FMLA-Only Sick
Time per year. Employees who use forty (40) hours of combined regular sick time and FMLA-
Only Sick Time per year may use up to an additional twenty (20) hours of regular sick time in
the same calendar year for the reasons set forth below. If an employee does not have a condition
for which the FMLA applies, the employee would be able to take a maximum of 40 hours of sick
time per year.
For the purposes of this policy, a “family member” includes the employee’s:
• child (including biological, adopted, step, and foster child, godchild and in loco parentis
relationship),
• parent (including same relationships),
• legal guardian or ward,
• spouse under the laws of any state,
• domestic partner,
• spouse’s or domestic partner's parent,
• sibling,
• grandparent,
• grandchild, or
• any other individual related by blood or whose close association with the employee is the
equivalent of a family relationship.
Employees who take paid sick time for purposes other than those permitted by law or otherwise
abuse paid sick time may be disciplined, up to and including termination of employment.
Indications of using sick time for purposes other than those described in the policy include, but
are not limited to, a pattern of:
Evidence that an employee engaged in an activity that is not consistent with the employee being
absent due a reason set forth in this policy may also indicate misuse of sick time.
Notice and Documentation
If the need to use sick time is foreseeable, Eataly employees are required to provide notice of
intent to use sick time by submitting a formal request to Eataly via the Company’s time off
request system then in place at least seven (7) days in advance of the first day they intend to take
sick time. If the need is not foreseeable, the employee is required to give notice as soon as
practicable. Employees must speak with a manager when using sick time due to unforeseeable
circumstances. Email and text messages are not acceptable call-out methods, though the
employee may follow up a phone call with a written confirmation by text or email. The
employee must personally notify Eataly of the need to use sick time. If the employee is unable
to give notice because the employee is unconscious, or otherwise medically incapacitated, the
employee may have a friend or family member notify Eataly on the employee’s behalf.
Employees who are absent for more than three (3) consecutive workdays (or twenty-four (24)
hours of their consecutively scheduled work hours) are required to provide documentation
confirming their absence was for a reason specified above. In the event of illness or injury,
employees must provide a doctor’s note verifying the need for the amount of sick time taken.
Any reasonable documentation signed by a health care provider indicating the need to use sick
time for an approved is acceptable, except where the time off has been taken to address the
psychological, physical, or legal effects of domestic violence, in which case certain other
documents may be provided. Eataly does not require that the documentation explain the nature of
the illness or the details of the domestic violence. Employees or their health care or other
service providers are not required to disclose personal health information or the details of the
need for time off, simply confirmation that the time off was taken for a reason specified under
this policy. Eataly will maintain confidentiality of information obtained, unless the employee
consents in writing or disclosure is required by law.
Compensation
Employees will be compensated at their regular rate of pay for sick time. Tipped employees will
be paid the full minimum wage. If a non-exempt employee takes a sick “day,” the employee will
be paid for the number of hours the employee would have otherwise been scheduled to work on
that day.
Exempt employees will be presumed to work eight (8) hours a day, and if using sick time for a
full day will be charged for eight (8) hours of sick time.
Unused sick time is not payable upon termination of employment (whether involuntary or
voluntary).
No Retaliation for Use of Sick Time
You have a right to be free from retaliation for requesting or using sick time. You will not be
retaliated against for requesting and using sick time or for filing a complaint for alleged
violations of the law. Retaliation includes any threat, discipline, discharge, demotion,
suspension, or reduction in your hours, or any other adverse employment action against you for
exercising or attempting to exercise any right guaranteed under the law. However, Eataly may
take disciplinary action, up to and including termination, against employees who use paid sick
time for purposes other than described in this policy.
If you feel you are being retaliated against because of requesting or using your sick time, please
contact Human Resources.
If you are called for jury duty, you will be allowed the necessary time off. You must give your
manager reasonable notice of being called to jury duty.
Employees who are summoned to serve jury duty will receive up to $40 a day for the first three
(3) days of service and will thereafter receive time off without pay while serving jury duty.
An employee serving on a jury must keep in touch with their supervisor on a daily basis so that
arrangements can be made to cover the employee’s job responsibilities during the period of jury
service. An employee on “standby” duty is expected to work until being called to the court.
An employee dismissed by the court on any workday before the end of the employee’s regular
work schedule is expected to return to work, provided such dismissal occurs in sufficient time for
the employee to return to the office at least two hours prior to the conclusion of the workday.
Employees who work an evening shift are not expected to report to work after having served a
full day of jury duty.
You must obtain a Certificate of Jury Service from the court and turn it in to your supervisor
upon returning to work.
Paid leave is granted for up to three (3) scheduled days in the event of the death of an immediate
family member. An immediate family member is a spouse, domestic partner, child, parent,
sibling, parent-in-law, sibling-in-law, step-child, step-sibling, grandparent, and grandchild.
Employees employed for fewer than ninety (90) days will be provided with unpaid time off.
Eataly reserves the right to request documentation supporting the need for bereavement leave as
circumstances may warrant, in Management’s sole discretion.
For the purposes of this policy, a “covered family member” means the employee’s
• Child
• Stepchild
• Spouse
• Domestic partner
• Sibling
• Parent or step-parent
• Mother-in-law or father-in-law
• Grandchild
• Grandparent
You are expected to notify your supervisor as soon as you are aware of the dates you will be
taking leave so that arrangements can be made for replacement(s) during this absence.
You are expected to notify your supervisor as soon as you are aware of the dates you will be
taking leave so that arrangements can be made for replacement(s) during this absence.
Generally, Eataly requires 48 hours’ notice that you intend to use the leave, unless such notice is
impracticable.
Eataly reserves the right to request documentation supporting the need for bereavement leave as
circumstances may warrant, in Management’s sole discretion. However, with respect to Family
Bereavement Leave for leave resulting from miscarriage, stillbirth, failed adoption or other
pregnancy related loss, Eataly does not require that the employee identify which type of
qualifying event the leave pertains to.
This policy applies to employees who have been employed full time for six (6) months or more.
Employees will be granted unpaid leaves of absence if they seek to undergo a medical procedure
to donate bone marrow or an organ. The total length of the unpaid leave for each employee will
be determined by the employee’s physician, but may not be longer than twenty-four (24) work
Employees will not be retaliated against for requesting or utilizing bone marrow and organ
donation leave.
This policy applies to employees who have been employed full time for six (6) months or more.
Eataly shall grant eligible employees one hour of paid leave time for the purpose of donating
blood every fifty six (56) days. Employees are protected under the law from retaliation for
requesting or obtaining leave under this policy. The leave time will be unpaid, unless the blood
drive is a Company-sponsored event.
To minimize workplace disruption, employees must obtain permission from their supervisor in
advance of the leave time requested. Upon return to work, employees shall submit
documentation to their supervisor that confirms their attendance at the blood donor center or
clinic.
Employees will not be retaliated against for requesting or utilizing blood donation leave.
Eataly will provide the necessary unpaid time off to employees who volunteer as emergency
workers or Civil Air Patrol members. Employee benefits will continue during the leave, at your
expense. Employees who take emergency response leave will be reinstated in accordance with
applicable law. Employees who or who are absent from or late to their scheduled shift
employment in order to respond to an emergency prior to the time the employee is to report to
work will not be terminated due to such absence or lateness. For further information regarding
Emergency Response Leave, please contact Human Resources.
To be eligible for leave under this policy, you must provide written notice to Human Resources
at least seven days before the school visitation. In case of an emergency, you must provide
written notice twenty four (24) hours in advance. Employees should try to schedule leave under
For further details regarding School Visitation Leave, please contact Human Resources.
Eataly encourages all employees to vote. Employees are expected to take advantage of polling
hours prior to the beginning or following the end of their workday. However, employees who are
unable to vote during nonworking hours will be granted up to two (2) hours of paid time off to
vote during the regular workday. Individuals who need time off to vote during their regular
workday must inform their supervisor or Human Resources at least two (2) days’ advance notice
of the need for time off to vote.
Military Leave
Military leave will be provided to employees who enlist, are drafted, called to active duty,
required to attend drills and/or other annual training duty, as members of the National Guard or
active reservists of the Federal Armed Forces or state militia. When one of the previously
mentioned situations occurs, the employee must inform the employee’s supervisor and Human
Resources as soon as the employee is informed of the dates of such service. Advance written or
verbal notice of such service is required unless it is impossible, unreasonable or precluded by
military necessity.
Employees who go on active military duty will be placed on a leave of absence. Normal pay and
benefits eligibility cease during active military leave. Active duty service members will be
reemployed after the conclusion of military service provided the employee remains qualified for
the employee’s position and satisfies any other requirements that may be imposed by federal or
applicable state or local law or regulation. For details on re-employment rights please contact
Human Resources.
Employees who serve in a United States military reserve corps or state military reserve may take
up to fifteen (15) calendar days of unpaid leave per year for training purposes. At your option,
this training may be combined with paid vacation time.
Military Family Leave
Employees who work in Chicago and have been employed for at least twelve (12) months, and
worked at least 1,250 hours in those twelve (12) months, may be eligible for unpaid leave if the
employee has a spouse, parent, child, or grandchild called to military service that lasts for more
than 30 days. Before taking family military leave, employees must first exhaust all accrued
vacation leave and personal leave.
Should you require additional information on Military Family Leave or wish to take leave
pursuant to this policy please speak with your manager or Human Resources.
An eligible employee may take time off from work, without pay, for any of the following
reasons:
• To comply with a subpoena to testify in a criminal proceeding (including time off to
consult with the district attorney);
• To give a statement at a sentencing proceeding;
• To give a victim impact statement at a pre-sentencing; or
• To give a statement at a parole board hearing.
An employee must notify the employee’s supervisor or manager of the need to take a leave under
this policy no later than the day before the absence. In addition, the employee must provide the
supervisor or manager with verification of the employee’s service upon request. Additional
information is available from Human Resources.
Eataly offers eligible employees unpaid leave for a qualifying domestic, sexual, gender or other
crimes of violence (i.e., sex offenses, assault, harassment, obscene communication, armed
violence) reasons, with a guarantee of restoration to the same or an equivalent position on return
from leave. You are eligible for leave if you are the victim of domestic, sexual, gender violence
or other crimes of violence, or have a family or household member who is the victim of
domestic, sexual, gender or other crime of violence. For purpose of this policy, Eataly recognizes
the following individuals as a “family or household member,” a spouse or party to a civil union,
parent, grandparent, child, grandchild, sibling, any other person related by blood or by present or
prior marriage or civil union, other person who shares a relationship through a child, any other
individual whose close association with the employee is the equivalent of a family relationship as
determined by the employee, and persons jointly residing in the same household.
Eligible employees must provide Eataly with at least forty eight (48) hours’ advance notice of
the need for leave. If forty eight (48) hours’ notice is not practicable, notice must be provided as
soon as possible.
To request domestic, sexual, gender or other crimes of violence leave, you must supply Human
Resources with a sworn statement that you or a member of your family or household is a victim
of domestic, sexual, gender or other crimes of violence and that leave is necessary for a specific
qualifying reason. In addition, if the employee has possession of such supplemental information,
Eataly may require the following supplemental information:
• Documents from a victim's services organization, member of the clergy, or medical
professional from whom the employee or family or household member has sought
assistance.
• A police report or court record.
• Other corroborating evidence.
The employee shall choose which document to submit, and Eataly will not require more than one
document to be submitted during the same 12-month period leave is requested or taken if the
reason for leave is related to the same incident(s) of violence or the same perpetrator(s) of the
violence.
You may substitute accrued and unused vacation time for this unpaid leave. The substitution of
paid vacation does not extend the leave period, but runs concurrently with it. Likewise, domestic,
sexual, gender or other crimes of violence leave runs concurrently with any leave available under
the federal Family and Medical Leave Act (FMLA). Employees may also use sick leave as
provided for in this handbook to be paid for domestic, sexual, gender or other crimes of violence
leave.
During an approved domestic, sexual, gender or other crimes of violence leave, Eataly will
maintain your health benefits, as if you continue to be actively employed. If you choose not to
return to work at the end of the leave period, you must reimburse Eataly for the cost of any
health benefit premiums paid to maintain your coverage during the leave, unless you cannot
return to work because of continuation, reoccurrence, or onset of domestic, sexual, gender or
other crimes of violence or other circumstances beyond your control.
All information provided to Eataly, including the employee’s statement, any other
documentation, record or corroborating evidence, and the fact that the employee requested or
obtained leave pursuant to this policy will be kept in the strictest confidence and will only be
disclosed if requested or consented to in writing by the employee, or otherwise required by
applicable federal or state law.
Eataly encourages employees to fulfill their civic responsibilities by serving as an election judge.
Generally, employees are able to find time to do so either before or after work. If you are unable
to do so during your non-working hours, Eataly will grant time off to serve as an election judge
under the terms and conditions of this policy.
To be eligible, you must provide written notice to Human Resources at least 20 days before
Election Day. Advance notice is required so that the necessary time off can be scheduled at the
beginning or end of the work shift, whichever causes the least disruption to the normal work
schedule. Your request for time off to serve as an election judge may be denied if more than 10%
of Eataly’s employees are absent on Election Day.
Eligibility
In accordance with the requirements of the Family and Medical Leave Act of 1993 (“FMLA”),
employees of Eataly who have completed 12 months of employment (which need not be
consecutive but the break in service cannot exceed seven (7) years) are eligible for unpaid family
and/or medical leave. To be eligible for leave, you must have worked for Eataly for at least 1,250
hours during the year before the leave is requested. If you are eligible, you may take up to 12
weeks of family or medical leave in a 12-month period for any of the following reasons:
• to bond with or care for your newborn or newly adopted child, or newly placed foster
child;
• to care for your spouse, minor or disabled child, or parent, who has a serious health
condition;
• for your own serious health condition (including any period of incapacity due to
pregnancy, prenatal medical care or childbirth) that makes you unable to perform the
essential functions of your job;
• for a military “qualifying exigency” arising from your spouse, child or parent being on
active duty or called to active duty in a foreign country as a member of the Armed
Forces, the National Guard or the Military Reserves
If you wish to take leave to care for your newborn, newly adopted or newly placed foster child,
you must do so within 12 months after the child’s birth or placement.
FMLA leave can be initiated either by the request of an eligible employee or by Eataly
designating qualifying leave as FMLA leave pursuant to this policy. An employee may not work
for another employer, be self-employed or attend school while on FMLA leave.
Employees may also be eligible for up to 26 weeks of “military caregiver leave” to care for a
spouse, child, parent or next of kin (defined as the nearest blood relative) who is a “covered
Child: A biological, adopted or foster child, stepchild or legal ward who is either under 18 years
of age or otherwise incapable of self-care because of a mental or physical disability. However, in
the case of military family leaves, a child is a biological, adopted or foster child, stepchild or
legal ward, of any age.
Covered service member: A “covered service member” for the purposes of Military Caregiver
leave means (A) a current member of the Armed Forces (including the Reserves and National
Guard) who is undergoing medical treatment, recuperation, or therapy, is otherwise on outpatient
status, or is otherwise on the temporary disability retired list, for a serious injury or illness or (B)
veterans who were members of the Armed Forces (including Reserves and National Guard)
during the 5 year period preceding the date on which they undergo such medical treatment,
recuperation or therapy for an injury or illness incurred in the line of active duty with the Armed
Forces and was not dishonorably discharged.
Eligible employee: An employee who has been employed by Eataly for at least 12 months and
who has worked for Eataly at least 1,250 hours during the previous 12-month period.
Parent: A biological, adoptive, foster, or step parent. This term does not include a parent-in-law.
Qualifying Exigency: As defined under the FMLA, making arrangements in connection with the
deployment of a covered family member. An employee whose spouse, son, daughter or parent
either has been notified of an impending call or order to active military duty or who is already on
active duty may use Qualifying Exigency leave for 1) short-notice deployment, 2) military events
and activities, 3) child care and school activities, 4) financial and legal arrangements, 5)
counseling, 6) rest and recuperation, 7) post-deployment activities and 8) additional activities
that arise out of active duty, provided that the employer and employee agree, including
agreement on timing and duration of the leave. The leave may commence as soon as the
individual receives the call-up notice. (Son or daughter for this type of FMLA leave is defined
the same as for child for other types of FMLA leave except that the person does not have to be a
minor.) Qualifying exigency leave will be counted towards the employee’s 12-week FMLA
leave entitlement in a 12-month period. For more information, see Human Resources.
Serious health condition: An injury, illness, impairment or physical or mental condition that
involves either an overnight stay in a medical care facility, or continuing treatment by a health
care provider for a condition that either prevents the employee from performing the functions of
the employee’s job, or prevents the qualified family member from participating in school or
other daily activities. Subject to certain conditions, the continuing treatment requirement may be
met by a period of incapacity of more than 3 consecutive calendar days combined with at least
Spouse: A husband or wife, as the case may be, under the law of the state where the employee
resides.
12-month period: Except in the case of military caregiver leave, the 12 months preceding the
date on which family or medical leave is first taken – i.e., Eataly uses a rolling 12-month period.
For military caregiver leave, the 12-month period is measured from the first day the eligible
employee takes leave.
Notice and Certification
When the need for a family or medical leave (including military caregiver leave) is foreseeable,
you must provide at least 30 days’ advance notice, or such notice as is both possible and practical
if the leave must begin in less than 30 days (normally this should be the same day you become
aware of the need for leave or the next business day). When the need for leave is not foreseeable,
you must provide notice within the time prescribed by Eataly’s normal absence reporting policy,
unless unusual circumstances prevent compliance, in which case notice is required as soon as is
otherwise possible and practical.
When leave is for planned medical treatment, you must try to schedule treatment so as not to
unduly disrupt Eataly’s operations. Please contact Human Resources prior to scheduling planned
medical treatment.
If you are requesting leave to attend to your own serious health condition, you must also provide
Eataly, within 15 calendar days, with a Medical Certification of Health Care Provider form
completed by your physician or other health care provider confirming that you have a serious
health condition which requires either inpatient care or continuing treatment by a health care
provider. Such Medical Certification of Health Care Provider form is also required if you are
requesting leave to care for a child, parent or spouse with a serious health condition.
For leaves relating to a family member, Eataly may also require you to provide documentation or
a statement confirming the family relationship.
In cases involving the employee’s serious health condition, Eataly reserves the right to require a
second (and in some cases a third) medical opinion at its expense. Employees are required to
cooperate with Eataly in obtaining additional medical opinions that Eataly may require.
In addition to the requirements listed above, after your FMLA leave is certified, Eataly may
require medical recertification in connection with an absence that you report as qualifying for
FMLA leave.
If you are requesting leave for a qualifying exigency, you are required to provide as much
advanced notice as is reasonable and practicable under the circumstances. You will also be
required to provide a copy of the military member’s active duty orders or other documentation
issued by the military, and a completed Certification of Qualifying Exigency form within 15
During FMLA leave, you must provide Eataly with periodic reports regarding your status and
intent to return to work. If your anticipated return to work date changes and it becomes necessary
for you to take more or less leave than originally anticipated, you must provide reasonable notice
of the changed circumstances and new return to work date. If you give Eataly notice that you do
not intend to return to work, you will be considered to have voluntarily resigned.
Absent unusual circumstances, failure to comply with these notice and certification requirements
may result in a delay or denial of the leave.
Intermittent or Reduced Schedule Leave
In the case of leave due to your own serious health condition or to care for a seriously ill or
injured child, parent or spouse, you may take leave on an intermittent or reduced schedule basis,
if medically necessary. For example, you may take leave one or two days a week or for several
hours every day for a number of months if necessary to accommodate a prescribed course of
medical treatment (such as physical therapy). Additionally, in the case of military family leave
(due to a qualifying exigency and/or a military caregiver leave), you may take leave on an
intermittent or reduced basis and it need not be medically necessary. You may take intermittent
or reduced leave for birth or placement of a child only with the approval of Human Resources.
When taking leave on an intermittent or reduced basis, you are required to try to schedule
intermittent or reduced leave so as not to unduly disrupt Eataly’s operations, and Eataly has the
option of placing you temporarily in an alternative position with equivalent pay and benefits
which better accommodates such intermittent or reduced leave.
If your request for intermittent leave is approved, Eataly may later require you to obtain a
recertification if it receives information that casts doubt on your report that an absence qualifies
for FMLA leave.
Use of Paid Leave
Although family or medical leave pursuant to the FMLA, as outlined above, is unpaid leave, you
must first use all accrued but unused paid time available at the time that your family or medical
leave begins, including sick and vacation time. Such required use of accrued paid time will not
serve to extend the FMLA period.
During the time you are collecting benefits pursuant to Workers’ Compensation or a disability
plan, the time that you are unable to work due to your own serious health condition will be
counted towards your annual 12-week FMLA entitlement. If you and Eataly agree, you may
supplement Workers’ Compensation or disability benefits with accrued paid time, provided that
in no event will you receive more than your regular compensation. If you are no longer eligible
After your accrued paid leave is exhausted, the remainder of your family or medical leave will be
unpaid. This applies whether you are taking your family or medical leave as consecutive weeks,
at different times during a 12-month period, or as intermittent or reduced leave. If you are taking
leave on an intermittent or reduced leave basis, increments of less than one hour cannot be taken.
Medical Insurance Coverage During Leave
During any period an employee is on FMLA, Eataly will maintain your insurance coverage
under the same terms and conditions which applied prior to the leave, just as if you had
continued to work. While on FMLA, you will remain responsible for paying whatever portion of
your health insurance premium you pay when actively at work.
An employee will not accrue seniority or other employment benefits during leave, but use of
FMLA will not result in the loss of any employment benefit that accrued before the start of the
leave and that was not used during the leave.
If you fail to return to work at the conclusion of your approved FMLA other than due to an
ongoing disability, your employment may be terminated and you will be eligible for continuation
of medical benefits at your own expense pursuant to COBRA. You will also be required to
reimburse Eataly for the health insurance premiums it paid during your leave, unless your failure
to return to work is due to your own serious health condition, the serious health condition of your
family member which would ordinarily entitle you to leave under the FMLA, or other
circumstances beyond your control.
Returning to Work
When you are ready to return from an approved medical leave due to your own serious health
condition, you must provide an acceptable release from your health care provider that certifies
that you are able to return to work and perform the essential functions of your job. If you are on
intermittent FMLA leave, such a release may be required if reasonable safety concerns exist
regarding your ability to perform your duties, based on the serious health condition for which
you took the intermittent leave.
Upon return from an approved family or medical leave, you generally will be restored to your
original position or to an equivalent position with equivalent pay, benefits and other terms of
employment. However, you have no greater right to reinstatement than if you had been
continuously employed rather than on leave. For example, if you would have been laid off had
you not gone on leave, or if your position has been eliminated during leave, you will not be
reinstated to employment.
By taking family or medical leave, you will not lose any employment benefit that accrued prior
to the start of the leave. You will not, however, accrue any additional benefits while on your
leave, including without limitation additional vacation or sick leave, unless otherwise provided
by law.
Please note that certain key employees are not guaranteed reinstatement. If you fall within this
category, you will be so advised by Eataly.
Other Provisions
Except in cases of military caregiver leave, you are entitled to no more than 12 weeks of family
and/or medical leave in a 12-month period. The 12 weeks of leave may be used for a single
qualifying purpose, such as caring for your newborn child, or may be used, where circumstances
warrant, for a combination of qualifying purposes, such as 8 weeks to care for your newborn
child and 4 weeks to care for your spouse who has a serious health condition. However, if both
spouses work for Eataly and are eligible for leave under this policy, the spouses will be limited to
a total of 12 weeks of leave between the two of them if the leave is taken to care for the
employee’s parent with a serious health condition, for the birth of the employees’ child or to care
for the child after the birth, or for placement of a child with the employees for adoption or foster
care or to care for the child after placement.
In the case of military caregiver leave, you are entitled to a total of up to 26 weeks of leave per
covered relative, per injury. However, no more than a total of 26 weeks of leave may be taken
within the 12-month period. If you do not take all of your 26 weeks of military caregiver leave
during this 12-month period, the remaining unused weeks to care for the covered relative are
forfeited.
Additionally, in cases where an employee takes military caregiver leave, the law allows up to 26
weeks off in a twelve-month period for a combination of military caregiver leave and other types
of FMLA leave. However, if both spouses work for Eataly and are eligible for leave under this
policy, the spouses will be limited to a total of 26 weeks of leave between the two of them when
the leave is for military caregiver leave only, or is for a combination of military caregiver leave
and any of the following: qualifying exigency leave, leave to care for a newborn or newly
adopted child or newly placed foster child, or leave to care for a covered relative with a serious
health condition.
If an employee is eligible for leave under both the FMLA and any other leave of absence offered
by Eataly for the same purpose as the employee needs to take FMLA, such as because the
employee is caring for their parent with a serious health condition or bonding with their child
after birth, FMLA will run concurrently with such other available leaves of absence, i.e., the
leave simultaneously counts against the employee's entitlement under both laws/policies.
For additional information about eligibility for FMLA leave or to obtain any forms, please
contact Human Resources.
Eataly will not retaliate, nor tolerate retaliation, against an employee for seeking or obtaining
leave under the above policies.
Eataly will comply with all other federal, state and local leave laws. In that regard, employees
will be granted any other leave of absence as required by law. Employees are required to provide
reasonable advance notice of any need for such leave. Please speak to Human Resources with
any questions about leave or other time off.
BENEFITS
The following is a summary of benefits offered by Eataly. Please refer to Eataly’s Benefits Guide
or contact the Benefits department at [email protected] for more information.
Summary Plan Descriptions (SPDs), which explain your benefits coverage in detail, are available
from the Benefits Department. The actual plan documents, which are available by making a
written request to [email protected] are the final authority in all matters relating to benefits
described in this Handbook, the Benefits Guide or in the SPDs and will govern in the event of
any conflict. If there are any conflicts among the terms of this Handbook, the Benefits Guide,
any Certificate of Insurance, or any Master Insurance Policy, the terms of the relevant Master
Insurance Policy or Certificate of Insurance shall control.
Eataly reserves the right to terminate, suspend or modify these benefit programs and/or
withdraw, discontinue or reduce any or all benefits provided: (1) in whole or in part; (2) at any
time; (3) prospectively or retroactively; (4) for any or all categories or classifications of
employees and/or participants; and, (5) in Eataly’s sole discretion. This specifically includes any
benefits now or hereafter provided to retirees. Periodically, updates regarding changes in
benefits will be distributed to all employees.
Eataly currently offers health insurance coverage for eligible employees, domestic partners, and
dependents. Detailed information concerning these benefits and the costs to the employee is
available from Benefits at [email protected]. Non-exempt employees who work a minimum
of 20 hours per week will be eligible to enroll in medical, dental and vision coverage on the first
of the month following 60 days of service. Exempt employees are eligible to enroll in medical,
dental and vision coverage on the first day of the month following 30 days of service.
Non-exempt employees who work a minimum of 20 hours per week will be eligible to enroll in
Supplemental Benefits coverage on the first of the month following 60 days of service. Exempt
employees will be eligible to enroll in Supplemental Benefits coverage on the first day of the
month following 30 days of service. Please speak with Benefits about your eligibility.
If you are injured on the job or become ill as a result of work, you may be eligible to receive
Workers’ Compensation Insurance benefits. The insurance is paid for by Eataly for your
protection. In addition, all authorized medical expenses incurred as a result of your industrial
injury or occupational illness will be paid for by the Workers’ Compensation Insurance Plan. It is
required that every work injury, no matter how minor it may seem, be reported to your
supervisor immediately but no later than 24 hours of incurring the injury. Receipt of Workers’
Compensation benefits is not a guarantee of leave. If you become ill or injured at work and need
a reasonable accommodation, please refer to the Disability Accommodations policy in this
Handbook.
Employees will receive a discount in retail areas, at restaurants and at QSR counters. Employees
are also entitled to a group dining discount. Current employees may only receive a discount by
showing their employee ID card. No exceptions can or will be made.
Please do not abuse this privilege as it is important to us that only Eataly employees receive this
discount. Failure to follow the employee discount policy procedures will result in disciplinary
action up to and including termination.
Family Meal is an employee benefit that we are proud to offer to Eataly employees. In our
continued efforts to make the break room a more enjoyable space for everyone to eat, relax, and
socialize while on break, the following applies to Family Meal:
The Company prohibits the illegal use, possession, sale, manufacture, or distribution, of
drugs, alcohol, or other controlled substances, including drug paraphernalia, on its property. It is
also against the Company’s policy to report to work or to work under the influence of drugs or
alcohol, including medical marijuana. Use, possession, sale, purchase or transfer of drugs or
alcohol by employees while on the job or while on Company property is prohibited and will
subject the offending employee to disciplinary action up to and including termination, unless
consuming alcohol is part of the employee’s job description in which case alcohol must be
consumed responsibly. The only other exceptions to this policy are when employees are dining on
personal time or tasting alcohol for educational and training reasons.
The Company will also not allow any employee to perform their duties while taking prescribed
drugs that adversely affect the employee's ability to safely and effectively perform their job
duties. Any employee who is taking any prescription drug which might impair safety,
performance, or any motor functions must advise their supervisor before reporting to work under
such medication and must carry it in the container labeled by a licensed pharmacist or be
prepared to produce paperwork if this is asked.
Under no circumstances may an employee work under the influence of marijuana, including
medical marijuana for which a valid prescription has been issued to the employee.
Any violation of this policy will result in discipline, up to and including termination, as well as
referral for criminal prosecution.
Eataly holds itself and its employees to the highest standards of lawful and ethical conduct.
While this Handbook is intended to provide some general guidance with respect to acceptable
and unacceptable employee activities, it is also intended to be supplemented by good judgment
and common sense to avoid even the appearance of impropriety. Any questions concerning
whether a particular activity is permissible should be directed to a member of Senior
Management.
In addition to compliance with the other policies set forth in this Handbook, employees must
comport with the following performance expectations throughout their employment with Eataly:
• Employees will be expected to maintain open availability, and must update their
availability via Eataly’s electronic system then in place if the employee’s availability
changes. Schedule changes in response to a change in availability are subject to approval
or denial based on business needs only and can only be approved by an employee’s direct
manager.
• Employees will be expected to arrive to work on time and prepared.
Employees whose unacceptable behavior does not respond to training and development will be
disciplined accordingly, up to and including termination.
Eataly provides certain employees with access to certain information technology resources and
communication systems. These resources include, but are not limited to, computers, networks,
servers, hardware and software, peripheral devices, mobile devices and cell phones, removable
storage media (e.g., USB hard drives), Internet, printers, scanners, and communication systems
such as e-mail, text messages, instant messaging (IM) communications, telephone, and voice
mail (“IT Resources”) to facilitate business-related work and communications. Eataly IT
Resources, and all information, data, or communications accessed, created, downloaded,
received, stored, and/or transmitted by Eataly IT Resources, or personally-owned mobile devices
connected to Eataly IT Resources are Eataly property.
Acceptable Use
Eataly does not prohibit employees from incidental personal use of Eataly IT Resources,
provided such use is not excessive, does not interfere or present a conflict of interest with the
employee’s job responsibilities, and is consistent with all applicable laws, regulations, and
established Eataly guidelines, including but not limited to, Eataly’s guidelines prohibiting
discrimination, harassment, retaliation, and inappropriate conduct. Each employee is responsible
for the manner in which they use the Internet as well as the content of all text, audio or images
that they place or send using Eataly’s IT Resources. The same standards should be utilized for
the creation of email messages in connection with an employee’s work as would be utilized for
other Eataly correspondence or memoranda. Data that is composed, transmitted, accessed, or
received via the Internet must not contain content that could be considered discriminatory,
offensive, obscene, threatening, harassing, intimidating, or disruptive to any employee or other
person. Examples of unacceptable content may include, but are not limited to, sexual comments
or images, racial slurs, gender-specific comments, or any other comments or images that could
violate Eataly’s Standards of Conduct or guidelines prohibiting discrimination, harassment
and/or retaliation.
Employees may not duplicate any licenses, software or related documentation for use either on
Eataly’s premises or elsewhere unless Eataly is expressly authorized to do so by agreement with
the licenser. Employees may use software on local area networks or on multiple machines only
in accordance with applicable license agreements. Employees may not download software from
the internet and install it on their computers. Eataly reserves the right to audit any company
computer to determine what software is installed on the local drive(s).
Monitoring
You are expressly advised, however, that in order to: (i) implement configuration and security
measures; (ii) prevent misuse; (iii) protect Eataly and client proprietary, confidential, and trade
secret information; (iii) protect protected health information and/or confidential employee data;
(iv) comply with litigation holds and discovery requests; and (v) conduct investigations into
suspected or alleged inappropriate conduct, Eataly reserves the right, where permitted by
applicable federal, state, and local law, to monitor, intercept, preserve, collect, review, and
record, without further notice, every employee’s activities using Eataly’s IT Resources. Such
activities may include, but are not limited to, voice communications, whether conducted over
traditional telephone or cellular telephones, mobile devices, Internet-based activities (including
work email, personal email communications using web-based password protected accounts, a
record of the web pages visited, information reviewed, duration of use, and/or social media
posts), and all information, data, or communications accessed, created, used, stored, downloaded,
uploaded, received, or transmitted by Eataly IT Resources (“Activities”).
Eataly also may store copies of any data or communications for a period of time after they are
accessed, created, downloaded, received, stored, and/or transmitted by Eataly IT Resources.
Even when a document or communication is erased, Eataly may be able to retrieve the
information, including from back-up systems.
This Policy cannot be modified by verbal representations of Eataly personnel, nor does the
Company’s failure to enforce this Policy constitute a waiver of its right to monitor employee
Activities conducted on or facilitated by Eataly IT Resources. Employees using Eataly IT
Resources potentially in violation of applicable laws and/or regulations or established Eataly
guidelines may be subject to disciplinary action, up to and including the immediate termination
of their employment, and employees must be aware that Eataly may report any such potentially
unlawful activity to appropriate governmental authorities.
Eataly recognizes that many employees have personal blogs or participate in other online
conversations and social media sites (such as Facebook®, Twitter®, Instagram®, Snapchat®,
LinkedIn®, YouTube®, etc.). This Social Media Policy applies to all employees and is intended
to provide guidance on appropriate conduct when engaging in social media activity that
identifies the employee’s affiliation with Eataly (other than as an incidental mention of place of
employment in personal social media activity unrelated to Eataly) or relates in any way to
Eataly’s business, employees, customers, vendors, or competitors. “Social media activity,” for
purposes of this policy, includes all types of postings on the Internet, including but not limited to,
postings on social networking sites, blogs and other on-line journals and diaries; bulletin boards
and chat rooms; microblogging, such as Twitter®; and postings of video or audio on media-
sharing sites, such as YouTube. “Social media activity” also includes permitting, or failing to
remove, posts by others where the employee can control the content of postings, such as on a
personal page or blog.
This policy applies to social media activity when on or off duty, while using Eataly’s or personal
electronic resources, and whether or not the employee posts anonymously or using a pseudonym.
Unless specifically authorized, employees are prohibited from using Eataly’s electronic
resources to engage in social media activity.
Employees should make sure they are always honest and accurate when posting information or
news. Remember that the Internet archives almost everything; therefore, even deleted postings
can be searched. Never post any information or rumors that you know to be false about Eataly,
fellow associates, customers, suppliers, and people working on behalf of Eataly or competitors.
Employees’ social media activity is subject to all of Eataly’s policies, including, but not limited
to, the EEO Policies, the Code of Ethics, and the Confidential Information policy. Employees
will be held accountable for engaging in social media activity that violates this or other Eataly
policies.
Eataly prohibits taking negative action against any employee for reporting a possible deviation
from this policy or for cooperating in an investigation. Any employee who retaliates against
another employee for reporting a possible deviation from this policy or for cooperating in an
investigation will be subject to disciplinary action, up to and including termination.
Nothing in this policy prohibits any legitimate communications among employees or with others,
concerning wages, hours, workplace safety concerns, or any other terms or conditions of
employment. Eataly will not construe or apply this policy in a manner that improperly interferes
with or limits employees’ rights under the National Labor Relations Act.
During the course of employment an employee may become privy to trade secrets or confidential
information. Trade secrets include confidential product information, lists of actual or potential
customers or suppliers, technical and non-technical information, financial data, information
concerning contemplated acquisitions, strategic plans, and other information related to Eataly’s
products, customers and operations which are difficult for outsiders to ascertain by proper
means.
Confidential information includes any information about Eataly’s business acquired by you as a
consequence of your employment with Eataly, and not generally available to competing
businesses or the public, including, but not limited to, the following: (a) information relating to
Eataly’s current or potential customers or suppliers, job applicants, and the customers’ business
status and needs, and other information about the customers and suppliers; (b) information
concerning the prices, costs and details of budgets developed by Eataly; and (c) information
concerning products, business methods, marketing plans or efforts, know-how, financial or other
performance data, policies and/or personnel information. The need to exercise care in handling
this proprietary information must be viewed as a continual responsibility of all employees,
regardless of how such information is obtained.
In that regard, during the term of your employment with Eataly and all times thereafter, except as
authorized by Eataly in writing and signed by the Chief Executive Officer, you must not directly
or indirectly disclose, copy, furnish or make accessible to anyone, or use in any manner, any
trade secrets or confidential information relating to Eataly.
You should understand that all originals and copies of materials, records and documents
generated by you or coming into your possession during the course of employment are the sole
property of Eataly. Upon termination of employment, or upon request of Eataly at any time, you
must promptly deliver all copies of such materials to Eataly. During your employment with
Eataly, and at all times thereafter, you must not remove or cause to be removed from the
Finally, during the course of employment, you should not disclose any confidential or
proprietary information or trade secrets of any former employer (such as patents, financial
information, marketing plans, confidential client information or other information your prior
employer treated as confidential).
Nothing herein in any way prohibits or is intended to restrict or impede any Employee from
exercising protected rights under Section 7 of the National Labor Relations Act/exercising
protected rights, or otherwise disclosing information to the EEOC or state or local fair
employment practices agency as permitted by law.
Pursuant to the Economic Espionage Act of 1996, as amended by the Defend Trade Secrets Act
of 2016, an individual shall not be held criminally or civilly liable under any federal or state
trade secret law for the disclosure of a trade secret that is made either: (A) in confidence to a
federal, state or local government official, either directly or indirectly, or to an attorney, and
solely for the purpose of reporting or investigating a suspected violation of law; or (B) in a
complaint or other document filed in a lawsuit or other proceeding, if such filing is made under
seal. An individual who files a lawsuit for retaliation by an employer for reporting a suspected
violation of law may disclose the trade secret to the individual’s attorney and use the trade secret
information in the court proceeding if the individual (A) files any document containing the trade
secret under seal, and (B) does not disclose the trade secret, except pursuant to court order.
If there are any questions about what information may be considered “trade secrets” or
“confidential information,” please speak to the General Manager.
XLIX. NON-DISPARAGEMENT
You understand and acknowledge that Eataly’s reputation and good will are essential to its
success. Do not make any statements about Eataly’s management, employees, contractors or
vendors that are knowingly or maliciously false. You also should not make any statements that
are meant to intentionally discredit the quality of Eataly’s food, recipes or menu, or intentionally
harm the reputation of Eataly’s other products or services.
This policy does not prohibit you from reporting allegations of unlawful conduct, including
unlawful employment practices.
L. ACCEPTANCE OF GIFTS
Accepting substantial gifts or favors, cash or cash equivalent or services from vendors, suppliers,
or anyone with whom we do business, or who is soliciting business from us, is deemed
unacceptable and a violation of this policy. Some gifts may be of token value such as those
received at holiday time. In such instances, good judgment must be used, and with the
concurrence of your supervisor, these items may be accepted to avoid discourtesy to the giver.
Vendor promotional gifts (containing vendor’s name) may be accepted.
Eataly prohibits theft, dishonesty or mishandling of receipts; failure to follow cash, guest check
or credit card processing procedures; and excessive or continuous shortages or other
irregularities.
Eataly prohibits theft of any kind, such as stealing company property, including alcohol, food,
china, silverware, etc., or property belonging to fellow employees, guests, or customers. This
includes taking items from lost & found, pocketing tips, paying for a different food or beverage
item than actually taken/consumed, or removing anything from Eataly that does not belong to the
employee. Further, cashiers who receive coupons from other employees “paying” for food are
not permitted to keep those coupons for their own subsequent use. Theft of any kind is grounds
for immediate dismissal.
Taking, giving, or receiving free food and/or beverage is strictly prohibited by company policy.
Any employee in violation of this policy will be subject to disciplinary action up to and including
termination.
All employees must pay before consuming food and beverages within Eataly. Whether it is a
focaccia from the bakery, a sandwich from rotisserie or an espresso, you must pay for all item(s),
and only by presenting your Eataly ID will your Eataly discount be applied. Failure to pay for
any food or beverage item with or without an applied discount is considered theft and will not be
tolerated. Any employee offering or accepting free food or beverage will be disciplined
accordingly.
LIII. INTEGRITY
Eataly prohibits an employee from giving any false or misleading information to obtain
employment, a leave of absence, or personal time off. Eataly employees are also prohibited from
filing any report or complaint that the employee knows or has reason to believe is false or
willfully making any other misstatements or false statements of fact in connection with the
employee’s employment.
Employees must cooperate fully in all investigations of possible misconduct or dishonesty and
failure to cooperate fully shall result in termination of employment.
LIV. GAMBLING
Employees who handle cash are expected to be careful and accurate and to settle their funds each
day without discrepancies.
All employees handling cash are responsible for identifying red flags such as:
• Counterfeit notes
• Counterfeit Travelers/Gift checks
• Quick change scam artists
Please notify a manager immediately if you encounter any of the aforementioned or similar
suspicious behavior. Accepting counterfeit notes and or checks will be considered a discrepancy
and disciplined accordingly.
If there is a discrepancy with change given to a customer after a cash transaction has been
processed or if you believe incorrect change has been given, please contact a Cash Manager
immediately to perform a cash audit of the register.
We recognize the possibility that discrepancies may occur from time-to-time. Employees with
overages or shortages of less than $5.00 will be coached and counseled about accuracy. Any
overage or shortage of more than $5.00 will subject the employee to discipline, up to and
including termination, taking into account the amount of the discrepancy and the employee’s
history of discrepancies.
If any other cash-related issues arise during or at the end of your shift, please contact your
manager.
LVI. ID CARDS
The Eataly identification card identifies you as a current Eataly employee. Your ID card is
necessary to grant you access to store discount and entrance to the building before and after store
hours.
**It is highly imperative that you are carrying and presenting your Eataly ID card. ** This is
critical for the safety and security of Eataly and all employees.
The ID card is the property of Eataly and must be carried at all times. This card must be
presented and/or surrendered upon demand by an Eataly manager or member of our Security
team; failure to do so, or lending this card to anyone, is considered misuse and may subject the
holder to disciplinary action. Lost and stolen cards must be reported promptly to your manager
and the Human Resources office. No person shall possess more than one Eataly identification
card.
An employee must not participate in any investment which interferes, or may be considered to
interfere with the independent exercise of the employee’s judgment on behalf of Eataly. The
fulfillment of this obligation shall include, but not be limited to, the following:
In order to safeguard the property of our employees, our customers, and Eataly, and to help
prevent the possession, use and sale of illegal drugs on Company premises, Eataly reserves the
right to question employees and all other persons entering and leaving our premises, and to
inspect any packages, parcels, purses, handbags, briefcases, or any other possessions or articles
carried to and from Eataly’s property. In addition, Eataly reserves the right to search any
employee’s office, desk, files, locker, or any other area or article on our premises. In this
connection, it should be noted that all offices, desks, files, lockers, information on computers and
voice mails, etc., are the property of Eataly and are issued or made available for the use of
employees only during their employment and are to be used for business purposes only.
Inspections may be conducted at any time at the discretion of Eataly.
Persons entering the premises who refuse to cooperate in an inspection conducted pursuant to
this policy will not be permitted to enter the premises. Employees working on or entering or
leaving the premises who refuse to cooperate in an inspection, as well as employees who after
the inspection are believed to be in possession of stolen property or illegal drugs, will be subject
to disciplinary action up to and including discharge if, upon investigation, they are found to be in
violation of Company’s security procedures or any other Company rules and regulations.
Eataly strives to maintain a safe and clean environment for the storage of your belongings at
work. Therefore, Eataly is providing you with lockers to store your personal items during your
scheduled shift.
We would like to take the opportunity to remind you of the following guidelines:
Please be aware that the locker area is not meant for changing your clothes and should not be
used as a changing room as all locker occupancy is monitored by security cameras. You may
use the changing stalls inside the employee restrooms, or the employee restrooms themselves, for
this purpose. In addition, locker access is available only during the normal operational hours of
the building, and employees must use their own lock.
Like all company property, Eataly has the right to search lockers at any time, and you have no
right to privacy if you choose to use an Eataly locker. Inspections may be conducted at any time
at Eataly’s discretion, but absent unusual or emergency circumstances, a locker and its contents
will normally only be inspected with the authorization of Human Resources and after notification
to you. Eataly also has the right to revoke locker room privileges, and is not responsible for items
lost or stolen from the lockers.
Employees are also required to follow the below procedures when using any locker room
facilities for any purpose:
Inspect Before Use - You MUST inspect the locker room for cleanliness and damage upon
entering. Immediately notify management of any adverse conditions. Keep an eye out for loose
belongings or damages.
Inspect After Use - When you finish using the locker room, it should be left undamaged and
clean. Make sure your belongings are LOCKED in a locker.
Lockers must be emptied at the end of each shift. Please remove all personal belongings from
lockers daily.
• Do not leave food, dirty clothing or other trash in the locker room.
Always answer incoming calls in a friendly and professional manner and identify yourself and
Eataly. Telephones are for business communication. Personal calls, whether incoming or
outgoing, can interfere with business. For this reason, they should be kept to a minimum to keep
the phones free for their primary use.
Most employees will wear a uniform, the components of which vary by position. Some of those
uniform items will be cleaned by Eataly, and should not be taken home for your use. Other parts
of your uniform are not special to Eataly and are considered “street clothes” and should be taken
home with you – it is your responsibility to maintain and clean your uniform so that it is in
excellent condition when you show up for work. When we say “maintain” your uniform, we
mean washing, ironing, dry cleaning, altering, repairing, and any other tasks needed to present a
clean and pressed look when you arrive to Eataly. You may not alter or deface any part of your
uniform. If a hat is part of your uniform, you are required to wear the hat provided or a vendor’s
hat. You may not create your own Eataly hat. You may wear a hairnet or bandana in place of a
hat. Taking uniforms from the shelves is prohibited.
Managers are required to dress in a business casual fashion. Business casual is crisp neat, ironed
and demonstrates good judgment, classic rather than trendy, not tight, worn-out or baggy
clothing.
While the Company does not wish to impose unfair restrictions on employees, we do feel it is in
everyone’s best interest to prohibit the following dress articles on the basis of their
inappropriateness for our workplace:
• sweat suits, shorts, capris, or any skirt that falls above the knee
• leggings/jeggings
• sleeveless shirts, backless shirts, tube tops, halter-like or off-shoulder tops or low-cut or
revealing clothing
• casual, collarless T-shirts (except under a chef’s coat or as specifically directed by
Eataly)
• sheer or transparent clothing
• tight-fitting clothing
• sweaters, scarves, or accessories covering the Eataly logo shirt
• logos other than Eataly or approved producers/ vendors
• flip-flops, thongs, slippers, or any open-toe shoes
• heels above 3 inches
• shoes without socks/stockings
• unapproved hats/aprons
Unless the employee has specific permission from their manager or Human Resources (such as
in connection with a religious accommodation), it is the employee’s responsibility to adhere to
all of Eataly’s Grooming & Hygiene Practices. These include:
HAIR RESTRAINT: Hair should be well groomed and pulled back out of your face. This policy
does not prevent an employee wearing a hairstyle that is closely associated with their racial,
ethnic, or cultural identities. Employees shall restrain or cover hair at all times (e.g., hairnets,
caps) when performing tasks with food in a food preparation area. Employees with mustaches
and beards must keep facial hair clean, neat, and trimmed. Mustaches cannot extend below the
lip. Beards and mustaches must be trimmed in an acceptable business manner.
FINGERNAILS & MAKE-UP: Fingernails must be trimmed and employees may not wear
polish, gel polish or artificial nails. Make-up should be applied sparingly and appropriate for a
business setting.
JEWELRY: No facial jewelry may be worn. No large earrings are permitted- modest earrings are
the only exception. Food handlers are not permitted to wear jewelry on the hands, wrist, neck, or
ears. Plain wedding bands are acceptable.
PERSONAL ITEMS: It is forbidden to use personal items like cell phones, iPods, headphones,
Apple/Samsung watch, etc. while in uniform.
CHEWING GUM and EATING: Do not chew gum, candy, toothpicks or other objects. Never
eat or drink while handling food. Food and beverages may only be consumed in designated areas
such as the lunch room.
GLOVES: Cover cuts, scrapes, burns, etc. on the hands with a bandage and a glove or finger cot.
Wash hands before and after using gloves. Change gloves when you switch tasks and discard
gloves when you leave the work area.
HAND WASHING: You must wash your hands before starting work, after using the toilet, after
touching raw food such as meat, or switching from raw to ready to eat foods, after smoking or
eating, after handling foods with allergens (peanuts, tree nuts, milk, egg, wheat, soy, fish,
shellfish), after handling dirty boxes, after using chemicals, and after any other type of
contamination (sneezes, coughs, blowing your nose, touching skin, hair, soiled apron).
Employee grooming and hygiene must comply with Department of Health standards. Failure to
observe these policies will result in disciplinary action up to and including termination. With
respect to this policy, Eataly will reasonably accommodate an employee’s sincerely held
religious practice unless doing so would impose an undue hardship on Eataly.
In order to maintain a proper business environment and prevent interference with work and
inconvenience to employees and clients, employees may not distribute literature or printed
material of any kind, sell merchandise, solicit financial contributions, or solicit for any other
cause during work time or in work areas.
LXV. HOUSEKEEPING
Good housekeeping is a part of safety, good health and good work. Each employee is expected to
help maintain a neat, comfortable and safe environment. In support of this, each employee is
responsible for the employee’s own workspace. Materials in public view should be appropriate
and in good business taste.
Because rest room facilities are shared with others, you are responsible for helping to keep them
clean, neat and sanitary.
There are many of us working together here at Eataly and we need to guard our security,
personal safety, and our welfare. The following is a list of conduct that is prohibited and will not
be tolerated by Eataly.
• Falsification of employment records, employment information, or other Company
records.
• Recording the work time of another employee or allowing any other employee to record
your work time, or allowing falsification of any clock in or clock out, either your own or
another’s.
• Theft or deliberate or careless damage of any Company property or the property of any
employee or customer.
• Acting in a rude, aggressive, or otherwise inappropriate manner towards others or
otherwise causing a disturbance in the presence of management, coworkers or guests.
• Provoking a fight or fighting during working hours or on Company property.
• Participating in horseplay or practical jokes on Company time or on Company premises.
• Carrying firearms or any other dangerous weapons on Company premises at any time.
• Consuming, possessing, or being under the influence of drugs or alcohol during working
hours or at any time on Company property.
• Insubordination, including but not limited to, failure or refusal to obey the orders or
instructions of a supervisor or member of management, or the use of abusive or
threatening language toward a supervisor or member of management.
• Unreported absences.
• Unauthorized use of Company equipment, time, materials, facilities, or Eataly name.
• Sleeping or malingering on the job.
• Failure to observe working schedules, including meal periods.
The above described conduct is prohibited and any violators will be subject to appropriate
disciplinary action including, but not limited to, verbal reprimand, written notice, suspension
from work without pay, disciplinary probation and/or termination of employment. The list of
prohibited conduct is meant as a guideline only and is not all-inclusive. Management reserves the
right in its sole discretion to terminate or discipline any employee as considered necessary on a
case-by-case basis.
The safety and security of employees is of vital importance to Eataly. Therefore, Eataly has
adopted this Zero Tolerance Policy for workplace violence. Threats or acts of violence,
including intimidation, harassment and/or coercion, which involve or affect Eataly employees, or
The prohibition against threats and acts of violence applies to all persons involved in the
operation of Eataly, including, but not limited to:
It is often difficult to determine if someone is truly threatening violence or is “just talking”. Law
enforcement officials confirm that, if more employees would have reported behavior by co-
workers, former employees or others that seemed threatening, was suspicious or made them feel
uncomfortable, many incidents of workplace violence could have been prevented. Therefore,
any employee who sees, hears or learns of any conduct or statement that seems threatening or
suspicious, any conduct that violates this policy, and/or any weapons on Eataly’s premises must
immediately report such conduct or statement, either to the employee’s Supervisor, to Human
Resources or to the Security Team. In the event that there is an immediate risk or imminent
threat of violence, serious harm or life-threatening conduct, employees should report this
immediately to 911, local police or law enforcement.
Any employee who obtains a restraining or protective order against another person, or who is the
subject of a restraining or protective order, must immediately report this to Human Resources.
Eataly will not tolerate any retaliation against anyone who in good faith reports any of the above
types of matters or who cooperates in the investigation of such report.
Eataly will immediately investigate any complaints of actual, threatened or suspected violence,
and will take appropriate action which may include, depending on the circumstances.
LXVIII. WEAPONS
Eataly strictly prohibits employees or any person providing services to Eataly or located on
Eataly premises from possessing weapons of any kind on Eataly’s premises. Eataly’s premises
include any property owned or leased by Eataly, or occupied by groups of Eataly employees or
persons providing services to Eataly. Unless such prohibition is contrary to local law, this
specifically includes Eataly parking areas and Eataly vehicles. Employees are not permitted to
transport or store weapons in vehicles owned or leased by Eataly and used by the employee for
work purposes, unless the employee is required to transport or store a weapon as part of the
employee’s duties and s/he has written permission from Eataly’s CEO. This policy prohibits the
possession of concealed weapons as well as weapons carried openly.
The prohibition explicitly includes guns, rifles and firearms of any type, including those for
which the holder has a legal permit. Other examples of prohibited weapons include, but are not
limited to, knives (except culinary knives being used for the purpose of preparing food by cooks,
line cooks, sous chefs, butchers, or any other employees who are required to use knives as part of
their occupation, which must be stored carefully and protected in a knife wrap when transported
through Eataly’s premises to or from the kitchen), ammunition, bombs, bows and arrows, clubs,
slingshots, black jack, mace/pepper spray, metal knuckles and similar devices that by their
design or intended use are capable of inflicting serious bodily injury or lethal force.
Due to safety concerns, an employee who is no longer employed by Eataly may not enter any
employee-only areas at any time. Therefore, no employee should admit former employees into
employee-only areas of Eataly. Further, if an employee sees a former employee in an employee-
only area, or is contacted by a former employee seeking access to employee-only areas, the
employee should immediately alert Human Resources or any other member of Eataly’s
management or security team.
In addition, employees who are not scheduled to work on a given day, including employees on a
leave of absence, who come into Eataly for personal use may not enter any employee-only area
or distract employees who are on duty.
LXX. SAFETY
Eataly is committed to conducting our operations with the highest regard to safe and healthful
working conditions for employees and for the protection of the general public. We will comply
with existing governmental legislation and established regulations. Unsafe or careless workers
jeopardize not only their own health and welfare, but also that of others. Eataly will review
accident prevention performance at all levels. Eataly will respond promptly to all inspections
carried out under the authority of the Occupational Safety and Health Act. Please refer to
Eataly’s Safety Handbook for more information.
It is the responsibility of all employees to prevent any type of fire in the building. Listed below
are general items to accomplish this objective:
• Smoking/vaping is not allowed in Eataly.
• Make sure to extinguish all cigarettes in proper receptacles. Do not put any type of hot
object, such as cigarette butts, in trashcans.
• All employees should know the evacuation routes, and emergency exits and must proceed
to them when instructed.
• All waste materials are to be discarded in their proper places.
• All employees are responsible for keeping their work areas neat and orderly.
• All employees are to help make sure all aisles and exits are kept clear.
• All employees are to help make sure the areas around all fire extinguishers are kept clear.
• All employees are to help make sure all fire/smoke doors remain closed and unobstructed
from their intended function of retarding the spread of fire and smoke.
Here at Eataly, we welcome all employees to enjoy our restaurants during their personal time –
meaning on days off or after completing a shift. If you choose to dine in one of our restaurants or
drink alcohol while off the clock (not while on a break or preparing to clock in for a shift), we
ask that you continue to represent yourself as a true Eatalian. This means acting in a responsible
We suggest that employees do not dine at the restaurant during peak volume hours and request
that you present your Eataly ID card prior to being seated. Please be out of uniform when dining
as a guest and refrain from staying in the restaurant once it has closed at regular business time.
Employees are prohibited from consuming alcohol to the point of intoxication while dining at
Eataly. Any visible intoxication will result in removal from Eataly premises for the employee’s
safety, and disciplinary action, up to and including termination. All alcohol consumption
immediately following an employee’s shift must be approved by their manager prior to being
served.
ALL alcohol tastings and food/beverage sampling must be done under the supervision of and by
approval of executive management only.
• Employees who must conduct alcohol tastings as required by their position and deemed
necessary by executive management may do so at the discretion of executive
management.
• Employees who must sample food and/or beverage items as required by their position
and deemed necessary by executive management may do so at the discretion of executive
management.
Eataly is committed to serving the finest alcoholic beverages in a safe and responsible
environment. Eataly complies with all federal, state and local laws governing the sale of alcohol.
• Eataly will not serve alcohol to anyone under 21 years old.
• We card anyone who appears to be under 35 years old.
• The only valid forms of identification are a valid driver’s license or non-driver
identification card issued by the commissioner of motor vehicles, the federal government,
any United States territory, commonwealth or possession, the District of Columbia, a
state government within the United States or a provincial government of the dominion of
Canada, a valid passport or visa issued by the United States government or any other
country, or a valid identification card issued by the armed forces of the United States.
EATALY ID CARDS, BIRTH CERTIFICATES, COLLEGE IDS, NYC
IDENTIFICATION (IDNYC) CARDS OR SHERIFFS IDS ARE NOT ACCEPTABLE
PROOF OF AGE.
• Guests who are carded and cannot present valid photo ID proving they are 21 or older are
not served alcohol or permitted to consume.
• We will refuse service to any guest who appears to be intoxicated. Signs of intoxication
can include slurring words, loud, profane or obscene language, or staggering/falling
down.
• Guests under the legal drinking age are welcome at Eataly; however they will not be
served or permitted to consume alcohol.
• Eataly retains and exercises the right to refuse service.
Please be advised that the following policy applies to all employees of Eataly. Failure to adhere
to these rules and expectations can result in disciplinary action.
Loitering in the warehouse - If you do not have a work-related purpose for being in the
warehouse, such as looking for help from one of the receivers, getting pastries, or waiting for the
elevator, please do not loiter in the warehouse. If you do work in the warehouse and you have
downtime or are on a break, please go to a designated area such as the office break room.
Employees from other departments are not permitted to take their breaks in the warehouse.
Cellphones - Cellphone use in the warehouse is not permitted. The warehouse is an extension of
the store floor; therefore, the same policies apply. Per the Employee Handbook, it is forbidden to
use personal items like cell phones, iPods, etc., while in uniform. Charging of cell phones in the
warehouse must be approved by management. If you are charging your phone, please do not
stand around using it while it is charging. We are not responsible for lost or damaged property.
Eating - Eating is not permitted in the warehouse.
Hand trucks - Please return hand trucks to the warehouse and do not leave them on the store
floor. They are integral to restaurants receiving their supplies on time. For this reason, the
receiving team has priority over hand trucks from 7am-9am. Please do not leave product sitting
on a hand truck. This takes up space in the warehouse and disrupts deliveries. It also affects other
departments who then work harder to maneuver through the warehouse. Please be mindful of
equipment safety – hand trucks and related equipment are not for riding, standing or loitering.
Trash - The warehouse is not to be used for garbage. If you have broken chairs, baskets, empty
boxes, crates or other refuse; please take these items to the trash room downstairs. Please be
courteous and clean up after yourself. Please do not use the damaged goods bins as trash bins.
The Red Bin - The red bin is for cardboard only. If it is full, please take it to the trash room. If it
is already in the trash room, please take your boxes directly downstairs and/or use a garbage bag.
Please do not leave your cardboard boxes on the floor or on shelves.
At Opening – During store opening time, there is usually a rush to the warehouse to dispose of
trash or to take supplies downstairs. It is during this time that teamwork is crucial. Please help
maximize elevator space going downstairs. Assist others if need be. Eataly is a family and
teamwork works best.
Eataly is committed to establishing and maintaining a workplace that is secure and safe for both
employees and customers. To enhance this commitment, Eataly installs and utilizes security
cameras. The purpose of this policy is to give guidance and direction to employees with access
to view and deploy Eataly’s security camera systems.
Placement of cameras shall only be considered for the security and safety of employees and
customers or for legally mandated reasons. Cameras will never be placed in areas where privacy
would normally be expected.
Digital Video Recording Cameras should be used to monitor areas where theft or vandalism may
occur. The purpose is to deter crimes and gather evidence after the fact.
Video records and still photographs may be used by authorized individuals to identify those
responsible for Eataly policy violations, criminal activity on Eataly property, or actions
considered disruptive to normal Eataly operations as delineated in this handbook.
Viewing of recorded video will be limited to the General Manager, Human Resources,
Department Heads, Legal Counsel, Law Enforcement, and approved Managers with a legitimate
business need to know. Non-Management employees of Eataly, or any associated third party,
will not have access to the security camera systems other than for troubleshooting and
maintenance of security system hardware and software, or as may be required by business
circumstances.
Eataly has a Dispute Resolution Program. This Dispute Resolution Program provides that all
disputes, of whatever nature, concerning (1) your employment with or termination from the
Company or any of its affiliates, and/or (2) the interpretation or application of any Company
policy, this Dispute Resolution Program, or any agreement you may have with the Company,
shall be resolved by final and binding arbitration before one arbitrator designated by the
American Arbitration Association (“AAA”), pursuant to the then prevailing rules of the AAA for
the resolution of employment disputes (unless a provision of this Dispute Resolution Program
conflicts with such rule in which case the terms of this Dispute Resolution Program will govern),
in the AAA office closest to the employee’s place of work, whose decision shall be final and
binding and subject to confirmation in a court of competent jurisdiction. This Dispute Resolution
Program applies to claims brought by both the employee and the Company, whether during or
after your employment, and shall include, but not be limited to, disputes concerning workplace
discrimination, wage and/or overtime claims and/or all other statutory claims (unless mandatory
arbitration of such claims is prohibited by law, such as with respect to sexual harassment or
sexual assault claims).
Arbitration is a final and legally binding process in which a dispute is presented to a neutral third
party, the arbitrator, for a final and binding decision. The arbitrator renders a decision after
➢ A fundamental tenet of this Dispute Resolution Program is that you may not participate in a
representative capacity or as a member of any class of claims pertaining to any claim subject
to arbitration. There is no right or authority for any claims subject to this Dispute Resolution
Program to be arbitrated on a class or collective action basis or on any basis involving claims
brought in a purported representative capacity on behalf of any other person or group of
people similarly situated. Such claims are prohibited, unless applicable law prohibits such a
waiver, such as with respect to sexual harassment or sexual assault claims. Any claim
purporting to be brought as a class action, collective action or representative action will be
decided under the Dispute Resolution Program as an individual claim. Nonetheless claims
brought by or against either the employee or Eataly by similarly situated parties, that are
based upon a common set of factual allegations will be consolidated by the AAA for the
purposes of arbitration, before one arbitrator, unless otherwise agreed to in writing by all
parties, or determined to be unjust or unmanageable by the arbitrator.
➢ All disputes arising under this Dispute Resolution Program shall be adjudicated pursuant the
law of the state in which the employee works, without regards to its conflict of laws
principles. Notwithstanding the foregoing, any disputes regarding the validity, coverage or
enforceability of this Dispute Resolution shall be governed by the Federal Arbitration Act.
➢ This Dispute Resolution Program does not affect an employee’s right to pursue, in
accordance with applicable law, any administrative agency process that may be available to
the employee.
➢ All Eataly personnel are specifically prohibited from taking any retaliatory action against an
employee who has sought to use this Dispute Resolution Program. Violations of this rule
will be treated with the utmost seriousness. Any employee who believes that they have been
retaliated against for using the Dispute Resolution Program should contact the Vice President
of Human Resources.
➢ If the employee believes the employee has a claim as a result of using the Dispute Resolution
Program, the employee may institute proceedings under the Dispute Resolution Program, but
may not sue in court.
➢ This Dispute Resolution Program and an employee’s use of the Dispute Resolution Program
will not affect an employee’s status as an at-will employee, and will not limit the Company’s
ability to take disciplinary or other personnel action against the employee.
➢ If any provision of this Dispute Resolution Program is, for any reason, found by any court or
arbitrator to be invalid or unenforceable, such judgment shall not affect, impair, or invalidate
the remaining provisions of the Dispute Resolution Program, but shall be confined and
limited to the specific provision of the Dispute Resolution Program directly involved in the
controversy in which such judgment was rendered, and the subject matter covered by the
invalid or unenforceable provision shall be instead governed by the applicable rules of the
AAA.
With the exception of the employee’s portion of the AAA Initial Case Management Fee, the
Company shall advance all other costs unique to the arbitration, including the entire amount of
the expenses and fees of the arbitrator and arbitration forum. However, at the conclusion of the
arbitration, the arbitrator may award reasonable costs and fees to the prevailing party. “Costs and
fees” means all reasonable pre-award expenses of the arbitration, including, but not limited to,
the arbitrators’ fees, administrative fees, travel expenses, witness fees, transcript costs, and
attorney’s fees.
A request for arbitration under this Dispute Resolution Program must be filed within six (6)
months of the time that the complained-of action or actions took place, or during such longer
period as is allowed by any statute of limitations applicable to the claim. If an employee or the
Company does not file the employee’s or its request for arbitration within the required period,
the employee or the Company will forfeit any further right to make use of the Dispute Resolution
Program and will be foreclosed from bringing an action in any court with respect to the claim.
Offer of Compromise
At any time before the date set for an arbitral hearing, a party defending against a claim may serve
upon an opposing party a written offer to allow an arbitration award to be issued against the
offering party on the terms specified in such written offer, plus costs then accrued (“Offer of
Compromise”).
The offeree has fourteen (14) calendar days from receipt of the Offer of Compromise in which to
accept the Offer of Compromise in writing to the offering party before it is automatically deemed
withdrawn (“Notice of Acceptance”). Any Offer of Compromise made less than 14 days prior to
the date the arbitrator renders a decision, if not accepted prior to the date of the decision, shall be
deemed rejected prior to the arbitrator’s decision.
The parties must not share the Offer of Compromise with the arbitrator prior to the time that the
arbitrator issues an award unless the Offer of Compromise is accepted, in which case either party
may file the Offer of Compromise and Notice of Acceptance with the arbitrator. The arbitrator
must then enter an award in accordance with the terms of the Offer of Compromise.
The foregoing notwithstanding, when one party's liability to another has been determined by the
arbitrator but the arbitrator has not yet issued an award as to the extent of liability, which issue
remains to be determined by further arbitral proceedings, the party held to be liable may make an
Offer of Compromise to the prevailing party. The Offer of Compromise must be served within a
If the arbitration award that the offeree finally obtains is not more favorable than an unaccepted
Offer of Compromise, then (i) the offeree must pay the costs of the offering party, including but
not limited to, administrative fees, travel expenses, witness fees, and transcript costs, incurred after
the Offer of Compromise was made, and (ii) if a federal, state or local statute allows the offeree to
recover their attorney’s fees, the offeree may not recover attorney’s fees incurred from the date the
Offer of Compromise was made through the date of the arbitration award.
While an unaccepted Offer of Compromise is deemed withdrawn if not accepted within fourteen
(14) days of the offeree’s receipt of same – whether pre-hearing or post-hearing – an unaccepted
Offer of Compromise does not preclude the offeror from making another subsequent Offer of
Compromise