Professional Documents
Culture Documents
Osi R P, LLC E P H: Estaurant Artners Mployee Olicies Andbook
Osi R P, LLC E P H: Estaurant Artners Mployee Olicies Andbook
OSI Restaurant Partners, LLC, headquartered in Tampa, Florida, was founded in 1988 by
those who believe in hospitality, sharing, quality, being courageous and having fun! OSI
Restaurant Partners, LLC, along with its subsidiaries and their affiliated companies (collectively
referred to as “OSI” throughout this document), is a company of restaurants. Included in the OSI
restaurant group are Outback Steakhouse, Carrabba’s Italian Grill, Bonefish Grill, Fleming’s Prime
Steakhouse & Wine Bar.
OSI is committed to providing its employees with tools and direction that will assist them
in becoming effective employees. This Handbook is part of that commitment. The information in
this Handbook is intended to acquaint employees with OSI’s general policies, principles,
standards, and practices. It is your responsibility to become familiar with these policies, to
understand them, and to ask your management team for clarification on any of them if necessary.
We will assist you in this process by reviewing the policies with you during your orientation period.
We thank you for starting with us, and wish you a successful and lasting career at OSI.
EMPLOYMENT AT WILL
Your employment is voluntary and is subject to termination by you or OSI at will, with or
without cause, and with or without notice, at any time, for any reason.
This Handbook contains policies and practices which are guidelines to help you
understand OSI’s expectations. Nothing in these policies, or in those set forth in the
concept-specific handbooks that you receive during your orientation, shall be
interpreted to be in conflict with or to eliminate or modify in any way the employment-
at-will status of OSI employees.
For OSI to maintain its fun and friendly atmosphere, however, all employees must
respect the feelings of others. OSI wants all of its employees to know that when it
comes to discrimination and harassment, all employees are expected to follow one
very basic commitment about doing things right.
THE COMMITMENT: Each employee must be treated with dignity and respect.
Guidelines:
OSI does not discriminate on the basis of race, color, gender, age, religion, national
origin, disability, marital status, sexual orientation, genetic information, veteran status,
or any other status protected by applicable federal, state or local law, and will not
tolerate any discrimination or harassment by or against its employees.
This policy applies to all aspects of employment, including recruiting, hiring, training,
working conditions, compensation, promotion, discipline and termination.
When sexual advances, requests for sexual favors, or other verbal or physical
conduct of a sexual nature have the purpose or effect of unreasonable
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No member of the OSI team is above this policy. It applies to managers and
employees with equal force. This policy governs the conduct of OSI employees
regardless of where that conduct takes place.
PROPRIETOR
Contact any of the above people with whom you would be most comfortable speaking.
Please also refer to the Info Poster in your restaurant for any additional individuals who
may be listed to contact.
OSI will swiftly and thoroughly investigate any complaints brought to its attention.
Every reasonable effort will be made to maintain confidentiality during the investigation
of a charge of harassment or discrimination. If OSI determines that this policy has
been violated, OSI will take remedial action that is effective and appropriate to the
circumstances. Employees who violate this policy will face discipline, which may range
from counseling to an unpaid suspension or immediate termination, and may include
such other forms of disciplinary action as OSI deems appropriate under the
circumstances.
OSI will not tolerate any form of retaliation against any employee for making a good
faith complaint of harassment or discrimination. ANY EMPLOYEE WHO BELIEVES
THAT HE OR SHE HAS BEEN RETALIATED AGAINST FOR COMPLAINING
ABOUT HARASSMENT OR DISCRIMINATION, OR FOR TAKING PART IN AN
INVESTIGATION OF SUCH A COMPLAINT, MUST CONTACT ANY ONE OF THE
INDIVIDUALS LISTED ABOVE IMMEDIATELY.
Let’s all have fun, but treat each other with respect.
In addition to the above, if you believe you have been subjected to sexual harassment, you may
file a formal complaint with either or both of the government agencies set forth below. Using our
complaint process does not probhibit you from filing a complaint with these agencies. Each of
the agencies has a short time period for filing a claim (EEOC – 180 days; MCAD – 6 months).
1. The United States Equal Opportunity Commissions (“EEOC”), One Congress Street,
10th Floor, Boston, MA 02114, (617) 565-3200.
a. Boston Office:
One Ashburton Place, Room, 601
Boston, MA 02108
(617) 727-3390
Springfield Office:
424 Dwight Street, Room 220
Springfield, MA 01103
(413) 739-2145
Worchester Office:
22 Front Street, Fifth Floor
P.O. Box 8038
Worchester, MA 01641
(508) 799.6379.
Let’s all have fun, but treat each other with respect.
REASONABLE ACCOMMODATION
OSI supports the letter and spirit of the Americans with Disabilities Act and
seeks to give full and equal employment opportunities to all people capable of
successfully performing the essential functions of the position for which they
apply or in which they are employed, with or without reasonable
accommodation.
OSI provides employees and applicants with the reasonable accommodation
necessary to help them perform the essential functions of their positions, unless
such accommodation poses an undue hardship on the Company. If you believe
you need an accommodation to perform the essential functions of your position
because of a disability, please contact your Managing Partner with such
request.
DATING POLICY
Except in the circumstances described below, members of management and staff
members are not allowed to date one another. The term dating is meant in its broadest
sense.
OSI recognizes that people may meet at work and enter into consensual relationships.
OSI will respect meaningful relationships, provided the procedures set forth within this
policy are followed. OSI will, however, discipline members of management and
employees who engage in casual relationships with one another, or who engage in
meaningful relationships but do not follow the procedures set forth in this Policy.
Managers and employees will be subject to discipline, which may include immediate
termination, in the following circumstances:
a. If the manager and employee engage in a casual relationship with one another,
as opposed to a meaningful relationship.
b. If the manager fails to timely inform the JVP of the existence of the relationship.
OSI retains the right to decide what is timely on a case-by-case basis.
d. If the manager in any way favors the employee he/she is having a relationship
with, or retaliates against the employee during or after the relationship.
I understand that my tips will be used as a credit against the minimum wage otherwise
required to be paid to me, as permitted by federal and/or state laws.
By my signature on the employee file folder, I certify that I have been informed of the
provisions of subsection 3(m) of the Fair Labor Standards Act as amended in 1974
pertaining to tipped employees. That subsection of the act states:
(1) the cash wage paid such employee which for purposes of such
determination shall be not less than the cash wage required to be paid
such an employee on August 20, 1996; and
The additional amount on account of tips may not exceed the value of
the tips actually received by an employee. The preceding 2 sentences
shall not apply with respect to any tipped employee unless such
employee has been informed by the employer of the provisions of this
subsection, and all tips received by such employee have been retained
by the employee, except that this subsection shall not be construed to
prohibit the pooling of tips among employees who customarily and
regularly receive tips.
I further understand that under the Internal Revenue Service code, all tips (including
tips included on credit card slips) received by an employee in the course of
employment must be reported to the employer. OSI must collect both income tax and
employee social security tax.
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Massachusetts Only:
By my signature on the employee file folder, I also certify that I have been
informed of the relevant portion of Section 7 of Chapter 151 of the General
Laws of Massachusetts. That portion of the law states:
DECLARING TIPS
By Law: All tips received (less amounts contributed to tip share) MUST be declared
as “Wages Declared” on the register and on the check out form when clocking out
from your shift. This includes cash tips as well as credit card tips. Failure to report all
tips earned will result in disciplinary action, up to and including termination.
SCHEDULE RESPONSIBILITY
It is your responsibility to be aware of your schedule and on time for all of your shifts.
Any time you cannot work your scheduled shifts it is up to you to get your shift
“covered” by a qualified employee and a manager must approve it. The change must
be recorded in the work transfer book. Both parties and a manager must initial the
change. You cannot cover your shift with another employee who would be on
overtime status by covering your shift.
When you clock out, a slip of paper (“chit”) is printed. Please review your chit at the
time you clock out to verify the hours worked, and get a manager to sign or initial the
chit. Retain your time chits for the entire pay period to compare your hours worked with
your paycheck. If you believe your paycheck is incorrect, have difficulty recording your
time, or forget to clock in or out, immediately notify your Managing Partner.
Hourly employees are not permitted to begin working before their scheduled start time
unless they first obtain permission from a manager. If such permission is granted, you
are to clock in at the time you start working. Hourly employees are to obtain permission
from a manager before continuing to work beyond the end of their scheduled shift. If
such permission granted, you are to remain clocked in during the time you continue
working.
OSI does not encourage its hourly employees to work overtime, but recognizes that
overtime may be necessary from time to time in order to best serve our guests. All
overtime worked by an hourly employee must be approved in advance by the
employee’s manager. It is your responsibility to inform your manager when you are
approaching overtime hours.
Falsifying or altering time records, failing to record all hours worked, working
unapproved overtime, and having another employee record your time or recording time
for another employee are all expressly prohibited. Violations of any of these rules may
result in disciplinary action, up to and including termination.
EMPLOYEE PAY
Employees are paid every two weeks or as otherwise required by applicable state law.
You must pick up your own check. For your own protection we will not give your check
to anyone but you. Make arrangements to pick up your check during “non -peak” hours.
If you prefer to have your funds electronically deposited into your bank account, we
also offer Direct Deposit. Ask your manager how to sign up for this benefit!
At some restaurants, we offer two options for you to receive your pay. You may choose
either: (1) having your pay directly deposited into your personal bank account, or (2)
having your pay directly deposited into your Pay Card account. (Pay Cards are similar
to bank “debit” cards). At those restaurants, we do not offer traditional paper
paychecks. There are many advantages to this. Your money is available to you in a
secure and convenient manner on the morning of every payday. There is no travel time
or gas expense to collect your check at work. Also, there is no wasted time at the bank
waiting to cash your check or paying expensive check cashing fees. Additionally, you
are never dependent on weather, holiday schedules, or mail to receive your pay. Your
pay will be deposited into your bank account or in your Pay Card account every two
weeks or as otherwise required by applicable state law. You will receive a pay
statement for each pay period, detailing your pay and employer withholdings (e.g., for
taxes). Employees who enroll in the pay card program will also receive “trans checks,”
which can be cashed in full like traditional paychecks, and used as checks to pay bills.
Please ask your manager for more information regarding these two options.
PERSONNEL RECORDS
Please notify your manager promptly of any changes in your:
It is very important you keep us up to date regarding your personnel information. Unreported
changes could affect your withholding tax, insurance benefits, or how quickly your emergency
contact may be reached.
Warning: If you send a message via email and you have your signature set up to
automatically appear on your outgoing emails, you must delete the signature prior to
sending the email to retain your anonymity.
Employer Obligations
OSI will review and investigate, as appropriate, reports of improper accounting or
auditing activities. OSI will take prompt and effective action to stop such activities and
discipline those responsible.
Reportable Activities
Employees should report improper or questionable activities regarding accounting,
internal accounting controls, and/or auditing matters. Examples of improper or
questionable activities include, but are not limited to, the following:
Making or altering documents or computer files with the intent to defraud
Intentionally mishandling or reporting money transactions
Authorizing or receiving compensation for hours not worked
Misappropriating or misusing OSI resources, such as funds or other company
assets
Conducting unethical business activities
Violating state or federal law
Violating the Code of Business Conduct and Ethics Policy (which can be
found on OSI’s website at: www.outbacksteakhouse.com, under “Corporate
Governance”)
Requesting another employee to violate any of OSI’s corporate policies or
procedures regarding accounting, internal accounting controls, and/or auditing
matters (e.g., asking an employee not to post invoices until the next reporting
period)
Caller Protection
Reports submitted to the Ethics & Compliance Hotline are anonymous and will be
answered by the internal audit department. A caller who elects to disclose his or her
identity will not be discharged, demoted, suspended, threatened, harassed or retaliated
against in any way for providing information about an improper act. Any employee that
retaliates against someone for reporting an improper act will be subject to disciplinary
action, up to and including termination. Any employee who believes that he or she has
been retaliated against for reporting an improper act in accordance with this policy
must immediately contact any of the individuals listed in the Discrimination and
Harassment Policy, located in this Handbook.
False Accusations
Any employee who makes a knowingly false allegation will face disciplinary action,
which may range from counseling to an unpaid suspension or immediate termination,
and may include such other forms of disciplinary action as OSI deems appropriate
under the circumstances.
The illegal use, sale, or possession of narcotics, drugs, or controlled substances while
on the job or on Company property is strictly prohibited and is a dischargeable offense.
Any illegal substances may be turned over to the appropriate law enforcement agency
and may result in criminal prosecution.
Any employee who reports to work under the influence of alcohol, unlawful drugs or
controlled substances that are not validly prescribed, or who consumes alcohol,
unlawful drugs or controlled substances that are not validly prescribed, on the job or
during breaks is subject to discipline, up to and including termination. OSI reserves the
right to require that an employee submit to a test to determine the presence of alcohol,
unlawful drugs or controlled substances when OSI has reasonable suspicion the
employee is under the influence of drugs or alcohol while at work. Among other things,
reasonable suspicion may be based upon the employee causing, contributing to or
being involved in an accident while on Company premises. Refusal to submit to such a
test, or a positive test result, will result in disciplinary action, up to and including
termination.
Special Events:
Restaurant employees are not permitted to consume adult beverages during special
events. It is strongly encouraged that Management provides an appreciation party for
volunteers after all events. Again, minors are never served adult beverages.
CHECKING IDs
Any customer that is of questionable drinking age must show proper identification per your ID
checking guide. Any customer that does not clearly look over 30 years of age should be ID’ed
and must have a valid picture ID card. Acceptable forms of a valid I.D. include: military ID, state
issued ID with seal, driver’s license or passport. Two current ID checking guides are to be
positioned in each restaurant (at the bar & at service ally). You can obtain these from the home
office mailroom.
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It is your responsibility to monitor your customer’s behavior with regard to drinking. However,
you should never confront a customer yourself! As with all customer problems, alert the highest
level Manager on duty at once. The Manager will address the situation. Management is
committed to supporting our employees in intervening with intoxicated customers.
Most importantly, you can go to jail for serving an intoxicated person and/or a minor. Failure to
follow the policies listed can result in OSI and you being sued. If you are found to have violated
any of these policies you will face discipline, which may range from counseling to an unpaid
suspension or immediate termination, and may include such other forms of disciplinary action
as OSI deems appropriate under the circumstances.
As always, we are expected to utilize good judgment at all times. Fun is one of our Principles
that must continue to be the strength of our organization. We need to invest our time, thoughts
and efforts into a fun culture. However, Fun has never included a lack of Responsibility. We
can and must maintain a responsible organization.
Any employee, who witnesses, receives or otherwise becomes aware of a threat or act of
violence by another employee, a vendor or a guest must immediately contact any one of the
following persons:
PRINCIPLES OF CONDUCT
When groups of people work together, reasonable expectations are necessary to run a
successful business and make working conditions more pleasant for everyone. If you fail to
work within these expectations, you will be subject to disciplinary action, up to and including
termination.
Where appropriate, you will be counseled by management and given an opportunity to resolve
the situation, improve your performance, or change your behavior. Management considers each
situation carefully when determining the appropriate course of action. The list below contains
examples of unacceptable behavior. While this list is not inclusive, it illustrates a general
guideline of serious violations that will not be tolerated, and which will result in disciplinary
action, up to and including unpaid suspensions or immediate termination. Any other types of
unacceptable behavior not specifically addressed below may also result in similar disciplinary
action.
LEAVES OF ABSENCE
The FMLA allows eligible OSI employees to take up to twelve (12) weeks of unpaid, job
protected leave in a twelve (12) month rolling calendar period for certain medical and
family reasons, and up to 26 weeks unpaid, job protected leave to care for a family
member injured while in the armed services (as explained below).
Under some circumstances, employees may take FMLA leave intermittently – taking
leave in separate blocks of time for a single qualifying reason – or on a reduced leave
schedule – reducing the employee’s usual weekly or daily work schedule. When leave
is needed for planned medical treatment, the employee must make a reasonable effort
to schedule treatment so as not to unduly disrupt the employer’s operation. If FMLA
leave is for birth and care, or placement for adoption or foster care, use of intermittent
leave is subject to the employer's approval.
Who is Eligible?
Employees are typically eligible for FMLA leave if they meet both of the below
requirements:
Under the FMLA, eligible employees who are a spouse, son, daughter, parent, or next
of kin of a current member of the Armed Forces, including a member of the National
Guard or Reserves, with a serious injury or illness will be granted up to a total of 26
workweeks of unpaid leave during a “single 12-month period” to care for the service
member. When State leave law is more generous than FMLA, OSI will comply with
State leave law.
If both you and your spouse are employed by OSI, you are limited to a combined total
of 12 workweeks (or 26 workweeks if leave to care for a covered service member with
a serious injury or illness) for the birth and care of a newborn child, placement of a
child for adoption or foster care, or to care for a parent who has a serious health
condition. Leave for birth and care, or placement for adoption or foster care, must
conclude within 12 months of the birth or placement.
(1) A period of incapacity lasting more than three consecutive, full calendar
days, and any subsequent treatment or period of incapacity relating to the
same condition that also includes:
When planning medical treatment, you must first consult with your Managing Partner
and make a reasonable effort to schedule the leave and treatment schedule so as not
to unduly disrupt OSI’s operations, subject to your health care provider’s approval. If
you are on intermittent or reduced leave, OSI may temporarily transfer you to an
alternate position which better accommodates your leave, and which has the same pay
and benefits.
If the leave is the result of your serious health condition, and you are a salaried
employee, sous chef or manager in training(MIT), you may be eligible for disability
benefits during part of the 12-week period.
You must provide at least 30 days of advance notice when the leave is foreseeable
and such notice is practical. If the leave is unforeseeable less than 30 days in
advance, you must notify your immediate supervisor as soon as practical upon learning
of the need for leave (generally the same or next business day of learning of the need
for leave, except in extraordinary circumstances). Also contact the Benefits
Department.
OSI may require that your health care provider supply a medical certification to support
a request for leave because of your or a covered family member’s serious health
condition. Failure to provide the requested medical certification in a timely manner
(usually within 15 days of being notified of this requirement) may result in denial of the
leave until it is provided, and may result in disciplinary action being taken against you,
up to and including termination, for unexcused or excessive absenteeism.
Under certain circumstances OSI may, at its expense, require second or third medical
opinions regarding the medical certification. OSI may also require medical
recertification periodically during the leave, and you may be required to contact your
Managing Partner periodically to report on your status and intent to return to work.
If the leave is due to your own serious health condition or pregnancy, a fitness for duty
report from your physician will typically be required to return to work.
Upon returning from FMLA leave, most employees will be restored to their original or
equivalent positions with equivalent pay, benefits, and other terms of employment.
Taking FMLA leave will not result in the loss of any employment benefit that accrued
prior to the start of an approved leave, with the exception of paid leave that you may
use during your FMLA leave.
FMLA does not affect any Federal or State law prohibiting discrimination, or supersede
any State or local law which provides greater family or medical leave rights.
If you are interested in pursuing a Family and Medical Leave of Absence, please
contact your Managing Partner immediately. He or she will be able to discuss the
specifics of this policy with you.
OSI complies with the Uniformed Services Employment and Reemployment Rights Act
(“USERRA”), and other applicable state and local laws. OSI will grant appropriate
leaves of absence to a full-time or part-time employee to complete uniformed service
requirements, whether voluntary or involuntary. Uniformed services include the U.S.
Armed Services (including the Coast Guard), the National Guard, and the
commissioned corps of the public health service.
OSI will not discriminate against an employee for being a past or present member of
the uniformed services, or for being a current applicant for uniformed services duty.
Nor will OSI retaliate against any employee for enforcing their rights under USERRA,
or for assisting someone in enforcing such rights.
copies of his or her military orders or other written notice or service requirements to
the Managing Partner. Upon completion of service, an employee must timely apply
for reemployment in accordance with federal and state law. The employee should
submit documents providing that his or her reemployment application is timely, total
service did not exceed five years, and service ended under honorable circumstances.
OSI will reinstate any employee who takes a service leave of absence with the same
seniority status and pay he or she would have acquired if he or she had not been
absent due to service, as long as the employee satisfies the eligibility requirements for
reinstatement under federal and state law. To ensure compliance with these
reinstatements, an employee should contact their Managing Partner whenever he or
she contemplates or anticipates a service leave of absence.
Employees on a service leave of absence may elect to continue their existing OSI-
based health plan coverage for themselves and their dependents for up to 24 months
while in the military, subject to the requirements set forth under USERRA and other
applicable state and local laws. Employees who do not elect to continue their health
plan coverage during military service may be reinstated back into OSI’s health plan
when they become reemployed by OSI, generally without any waiting periods or
exclusions (e.g., pre-existing condition exclusions) except for service-connected
illnesses or injuries.
Social Media is any on-line application or internet tool that allows peer-to-peer or social
interaction. It can take many different forms. Examples include: Face book, twitter, MySpace,
YouTube, picture sharing networks, email, video, blogs, social forums, chat rooms and more.
We ask all team members to keep in mind that you are a representative of OSI (but not an
official spokesperson) and you have personal responsibility for what you communicate, post
or publish on social media sites. The lines between public and private, personal and
professional are blurred in social media networks. You should take the necessary measures to
ensure that any content, photos or discussions you post on these sites is an appropriate
professional reflection of yourself and one which does not violate any of OSI’s policies.
OSI respects the rights of team members to utilize social media sites. However, OSI’s policies
regarding its Code of Business Conduct & Ethics policy, Internet Use Policy (including
privacy requirements), protection of proprietary and confidential information and
prohibiting discrimination and harassment continue to apply. If OSI determines that a team
member has violated any of these policies through a social media site, that team member will be
subject to disciplinary action up to and including termination.
In addition to being subject to possible disciplinary action by OSI, posting inappropriate content
to a social media site may subject you to liability under federal and state laws. For example,
you could be held personally liable under federal and state laws with regard to any statements
or photos deemed defamatory, obscene, discriminatory or harassing in nature, whether they
pertain to OSI, other companies, teammates, guests, business partners or other individuals.
You may also be liable if you post confidential or copyrighted information belonging to others.
1. Team members should not speak of OSI or its guests in a derogatory manner. If you
have concerns please communicate them to your immediate supervisor or use one of
the many internal problem solving/complaint mechanisms provided to you (e.g. ethics
hotline, points of contacts as described in our discrimination and harassment policy,
etc.). Team members are expected to uphold the same standards of behavior and ethics
towards teammates, guests and vendors outside of work as they do while at work.
2. It is a violation of OSI policy for any team member to publicly post confidential company
documents or proprietary information.
3. Unless you are a designated spokesperson of OSI and its subsidiaries you should
refrain from speaking on behalf of the company. Making statements about future
financial performance, pricing decisions or legal matters can get both you and the
company into serious legal trouble.
4. Do not use Company Trademarks in any social media sites. The use of any OSI-related
logos, without prior approval from our Chief Marketing Officer, is a violation of company
policy. All team members are prohibited from using the OSI name or any of its
restaurant concepts to promote any products or opinions for personal benefit.
5. All team members must fully respect the privacy of customers, teammates and guests.
Do not post any information that could compromise their privacy. For example, posting
negative or derogatory comments concerning customers or their tipping habits is not
appropriate. Doing so will result in disciplinary action. Keep in mind that what you
publish on the internet is a “fingerprint” and will be public for a long time. Anything you
post is accessible to anyone with a browser.
Policy
The company has a long-standing philosophy of taking care of our people. Part of
taking care of our people is to ensure the safety, health and well-being of our
employees. This policy serves to outline our commitment to this philosophy and
provide guidance to all employees on the standards the company expects its
employees to adhere to.
General Information
1. This policy applies to all employees in all restaurants.
2. It is the responsibility of each employee to perform all tasks in a safe and efficient
manner complying with all local, state and federal safety and health regulations.
3. All accidents need to be reported immediately by the employee to the manager on
duty. All employees are advised of this during new hire orientation and it is
reinforced annually via the “Safe Food” refresher training.
Accidents include:
-Employee injuries and illnesses that occur on the restaurant property
-Customer accidents and injuries in and on the restaurant property, including by not
Use of cut resistant polishing gloves will help prevent lacerations while
polishing stemware and is a mandatory part of OSI’s Cut-Prevention
Program. All employees are required to wear the appropriate sized cut-
resistant polishing glove on each hand while they are polishing stemware.
I understand and acknowledge that the safety program has been reviewed with me by a
member of management. If I have any questions, I will contact my managing partner or
any other member of management to get additional guidance as needed.
I understand that I am required to adhere to all policies regarding the safety program
and that failure to do so could subject me to disciplinary action.