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Associate Handbook

Welcome!
Dear Associate:

Congratulations! We want to welcome you to the Panda Restaurant Group, Inc. family. As one of the fastest
growing and most innovative companies in the restaurant industry, we know that Panda’s continued success goes
hand in hand with your success, both personally and professionally. Our mission is to “Deliver exceptional Asian
dining experiences by building an organization where people are inspired to better their lives.” To achieve our
Mission we place great pride in living and enrolling others in the Panda Way, which is Living a Healthy Lifestyle,
Continuous Learning, Developing Others and Acknowledging Others.

As you embark on your Panda Way journey, this Handbook will serve as a guide that provides the standards and
expectations we have for our associates.

We realize you may have many questions about policies and procedures as you begin your new job. Your
supervisor is available to assist you with any questions. In addition, we welcome any of your suggestions and
comments that will help us to be better.

Your enthusiasm, passion for learning and commitment to inspire others will contribute to your own and Panda’s
success. We look forward to partnering with you to create a beneficial and rewarding work environment.

Andrew J.C. Cherng Peggy Tsiang Cherng, Ph.D.


Founder & Chairman, Co-CEO Co-CEO

Effective April 1, 1998


Revised May, 2011
Contents

Welcome! 1
Introduction 4
Mission, Values and Culture 5

EMPLOYMENT 6
Code Of Conduct and Ethics 6
Equal Employment Opportunity 7
Policy Against Unlawful Harassment 7
and Retaliation
Non-Fraternization Policy 10
At-Will Employment 10
Immigration Compliance 10
Associate Classifications 10
Internal Transfers 11
References 11

OPEN DOOR COMMUNICATION 12

PAY ADMINISTRATION 13
Pay and Performance Appraisals 13
Time Record Keeping 13
Time Worked Equals Time Paid 13
Overtime 13
Payday 14
Rest Breaks 14
Meal Periods 14 Personal Use Of Phones 28
Travel Time 14 and Electronic Devices
Internet Postings Policy 29
LEAVE OF ABSENCE 15 Prohibited Materials 30
Family Care and Medical Leave / California 15 Personal Property 30
Family Rights Act Leave Solicitation, Distribution, Bulletin Boards 30
Worker’s Compensation Leave 20 Conflicts Of Interest 31
Military Leave 20 Outside Employment 31
Return To Work 21 Associate Identification Badge 31
Personal Leave 21 Appearance Standards 31
Bereavement/Funeral Leave 21
Jury Duty 21 HEALTH & SAFETY 34
Associate Illness Notification Policy 34
BENEFITS 22 Workers’ Compensation 34
Associate Group Benefits 22 Medical Treatment 35
Associate Support Program 22 Modified Work Program 35
Direct Deposit 22 Maintaining A Safe Work Environment 35
Holidays - Support Center 23 Smoking On Premises 35
Holidays - Operations 23 Alcohol and Drug-Free Workplace Policy 35
Paid Time-Off (PTO) 23 Emergency & Disaster Procedures 37
Panda Retirement Plan - 401(K) 25 Good Housekeeping 38
Associate Referral Bonus 25
Associate Discount 25 RULES OF CONDUCT 39
Job Performance 39
GENERAL POLICIES & PROCEDURES 26 Misconduct 40
Attendance and Punctuality 26 In Conclusion 41
Alternative Work Schedule 26
and Telecommuting Policy
Panda/Personal Property 26
Panda Issued Cell Phone/PDA Policy 27
INTRODUCTION

This Associate Handbook provides you with a general understanding of


Panda’s policies and procedures. We know the Handbook will serve as a
useful guide and reference throughout your career at Panda.

As Panda continues to grow and evolve, we will update the Handbook


to reflect the policies and procedure of our work environment. Therefore,
this version of the Handbook replaces and supersedes all previous Panda
Handbooks, including written memoranda and oral representations issued
by Panda concerning your employment. Of course, the Handbook cannot
anticipate every situation or answer every question about employment.

Panda practices an open door policy and encourages and appreciates


all suggestions. Examples are safety, training, productivity, innovation,
maximizing associate potential, and maximizing effectiveness and
efficiency in everything we do.

With the exception of employment at-will, Panda reserves the right to


modify, amend, supplement, delete or discontinue any of its policies at
any time, with or without notice. Associates should be aware that there
may be variations to Panda’s policies to the extent necessary to comply
with any applicable State and local laws and in meeting Panda’s business
needs.

Please remember, as an at-will company, Panda does not express or imply


a contract of employment by publishing this Handbook. To clarify, no
supervisor or associate of the Company, other than the C.E.O. of Panda,
has any authority to enter into an employment agreement - expressed or
implied - with any associate providing for employment other than at-will.
Furthermore, the C.E.O. of Panda may only enter into such agreements in
writing after consultation with the General Counsel of Panda.

Thank you for reading and familiarizing yourself with the information in
this handbook.

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MISSION, VALUES AND CULTURE

To succeed in achieving and promoting Panda’s Mission and Values, we strive to provide a workplace
that is progressive and committed to continuous learning. We have a work environment and culture
where communication is open, and conflict is resolved in a mutually respectful manner.

Our Mission: Deliver exceptional Asian dining experiences by building an


organization where people are inspired to better their lives.

To achieve our Mission, our actions are guided by our 5 Values:

PROACTIVE
RESPECT/WIN-WIN
GROWTH
GREAT OPERATIONS
GIVING
PRG with “G” to the power of 3!

PANDA WAY
We take great pride in living and enrolling others in the Panda Way:

LIVING A HEALTHY LIFESTYLE


CONTINUOUS LEARNING
DEVELOPING OTHERS
ACKNOWLEDGING OTHERS

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Employment
CODE OF CONDUCT AND ETHICS • Begin with the end in mind and do not take short
Panda Restaurant Group’s Code of Conduct and Ethics cuts that may hurt the company in the future
(“Code”) sets the expectation for every Associate to • Reject personal benefits that may jeopardize the
“Walk the Talk” of our Mission and Values and to integrity of Panda Restaurant Group
follow the highest standards of ethical conduct. This
Code serves as a daily guide to our behavior as When in doubt, this Code also provides the following
associates of Panda Restaurant Group and identifies integrity guidelines:
conduct that is not permitted during employment with
Panda Restaurant Group. If you are about to take an action that you:

Integrity, along with our Mission and Values, is the • Are not comfortable with a particular action or
foundation of Panda Restaurant Group’s relationships • Are unwilling to tell someone you trust and respect,
with associates, business partners, communities, and or
even our competitors. All members of Panda Restaurant • Don’t want it reported on the news or internet,
Group – board members, officers, associates, advisors
and affiliates - continually work to develop and protect then DON’T DO IT. If you feel pressured, DON’T DO
this critical asset through their everyday activities. IT. Instead, get guidance of this Code by asking your
Individual integrity and our commitment to hold each leader, Chief People Officer, VP of Enterprise Risk
other accountable to this Code strengthen the trust Management, or General Counsel. You can also call
that our People, Guests, business partners, and the the confidential “Code of Conduct Hotline”
communities in which we live and work – have in at (855) 726-3274.
Panda Restaurant Group.
Violations at any level will not be tolerated and Panda
Our Mission and Values require us to: associates are required to report any violation of
• Obey the law this Code immediately to any of the above people or
• Be honest – present facts fully, fairly and accurately hotline in order for Panda Restaurant Group to take
• Be fair – give everyone due regard and respect corrective actions.
• Be concerned – care about how Panda Restaurant
Group actions affect others and try to make those The Board of Directors of Panda Restaurant Group
effects as beneficial as possible must approve any waiver of this Code of Conduct for
• Use good judgment – avoid actions and any executive officer or director and any such waiver
circumstances that may appear to compromise will be publicly disclosed.
good business judgment or create a conflict
between personal and company interests

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EQUAL EMPLOYMENT OPPORTUNITY will result in corrective action, up to and including
Panda is committed to equal employment opportunity termination of employment.
and demonstrates this commitment in its employment
practices, including recruitment and hiring, POLICY AGAINST UNLAWFUL HARASSMENT
compensation, benefits, promotions, transfers, training, AND RETALIATION
counseling and employment terminations. Panda does In accordance with applicable law, Panda is committed
not discriminate on the basis of race, ethnicity, color, to providing a work environment free from unlawful
sex, age, religion, national origin, ancestry, physical or harassment. Accordingly, Panda prohibits any
mental disability, citizenship status, medical condition, unlawful verbal, physical or visual harassment by any
pregnancy, marital status, sexual orientation, veteran associate on the basis of another’s race, color, religion,
status, genetic information, as well as any other national origin, age, sex, sexual orientation, ancestry,
category protected by federal, state, or local law. physical disability, mental disability, medical condition,
marital status, family status, genetic information and
In keeping with our values, Panda is committed to any other basis protected by applicable law.
achieving diversity in the workplace. We value and
honor differences in our workplace and believe in It is the policy of Panda that harassment of
an inclusive culture where associates of different associates in the workplace, including sexual
race, color, religion, national origin, age, sex, sexual harassment, is unacceptable and will not be
orientation, ancestry, physical disability, or any other tolerated. Panda is committed to vigorously enforcing
basis protected by applicable law are valued and this non-harassment policy. The objective of this
respected. Valuing diversity provides an opportunity to non-harassment policy is to create a positive working
leverage differences within our teams to better serve environment free from unlawful hostile, intimidating,
our increasingly diverse guest base. As an associate, or harassing conduct that unreasonably interferes with
you are expected to follow this policy and avoid any an associate’s work on account of any of the types of
type of discrimination with guests, visitors, associates, harassment described below. The target of this policy is
or applicants for employment. Anyone who believes the prevention of unwelcome and illegal conduct.
he or she has been subjected to discrimination and
who observes or learns of such conduct should report If you have any questions about Panda’s policy
inappropriate behavior to their supervisor and/or regarding harassment or the procedure for filing
Human Resources. Panda will conduct all necessary complaints, please contact Human Resources or your
investigations. If Panda determines that unlawful supervisor.
discrimination or other violations of this policy have
occurred, Panda will take corrective action, up to Definitions of Illegal Harassment
and including termination of employment, against Illegal harassment includes any unwelcome verbal,
those who engaged in the misconduct. Panda will not physical or visual conduct that creates an intimidating,
retaliate nor will it tolerate retaliation against those offensive or hostile working environment that
who complain in good faith about harassment in the unreasonably interferes with an individual’s work
workplace or are witnesses in an investigation of performance or otherwise adversely affects an
harassment. Retaliation by any associate or supervisor individual’s employment opportunities.

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Unlawful sexual harassment consists of unwelcome and/or displaying sexually suggestive topics,
sexual advances, requests for sexual favors or other pictures, cartoons, or posters;
verbal or physical acts of a sexual or sex-based (5) Verbal conduct: making or using derogatory
nature when (1) the submission to that conduct is comments, epithets, slurs and/or jokes;
made expressly or implied as a term or condition (6) Verbal abuse of a sexual nature, graphic verbal
of employment; (2) an employment decision is commentaries about an individual’s body,
based on the submission or non-submission to that sexually degrading words used to describe an
conduct; or, (3) the existence of severe and pervasive individual, and/or suggestive or obscene letters,
conduct based upon or related to sex creates a work notes or invitations, emails, text message, etc.;
environment that is hostile, intimidating or offensive. and,
Sexual harassment may occur between members of the (7) Physical conduct: touching, assault and/or
opposite sex or members of the same sex. impeding or blocking movements.

Examples of Unlawful Harassment Unlawful harassment refers to behavior that is not


Harassing conduct includes, but is not limited to: slurs, welcome, personally offensive, and/or undermining or
epithets, derogatory comments, negative stereotyping, weakening to morale and, therefore, that unreasonably
ethnic jokes, written or graphic materials displaying interferes with the work of its victims and co-workers.
offensive objects, threatening, intimidating or hostile
acts that denigrate or show hostility or aversion Unlawful harassment may arise from conduct by
towards an individual or group because of race, color, supervisors, co-workers, or persons doing business
religion, national origin, age, sex, sexual orientation, with Panda.
ancestry, physical disability, mental disability, medical
condition, marital status, family status, genetic Non-Retaliation Policy
information and any other basis protected applicable It is Panda’s policy that no associate will be subject
law. Moreover, discriminatory remarks or jokes to retaliation for making a complaint of harassment,
concerning such harassment topics will not be tolerated cooperating in the investigation of alleged harassment,
at Panda. or otherwise opposing unlawful harassment. It is
unlawful to retaliate or take reprisals in any way
With regard to unlawful sexual harassment, the against an associate who has expressed a good faith
following is conduct that is not permitted: concern about harassment or discrimination against
him or her or another individual.
(1) Unwanted sexual advances, or visual, verbal,
physical assaults or physical conduct of a sexual Complaint Procedures
nature; In some situations, a person may not realize that
(2) Offering employment benefits in exchange for his or her behavior is inappropriate or unwelcome.
sexual favors; Associates who consider any person’s behavior to
(3) Making or threatening reprisals after a negative be inconsistent with the guidelines against unlawful
response to sexual advances; harassment or retaliation in the workplace are
(4) Visual conduct: leering, making sexual gestures encouraged to tell that person that his or her behavior

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is considered inappropriate and request that the Remedies
behavior or conduct stop. A person told to stop should An effective non-harassment policy requires the
comply immediately with such requests. support and example of Panda associates in positions
of authority. Associates who engage in harassment or
Associates who believe they have been harassed or retaliation or who fail to cooperate with investigations
retaliated against, or those associates who believe they of harassment or retaliation may be disciplined,
have witnessed harassment or retaliation in violation including immediate termination of employment.
of this policy, should promptly report said harassment Supervisory personnel, who refuse to implement
or retaliation – without fear of retaliation – to your remedial measures, obstruct the remedial effort of
supervisor, or the Human Resources Department. other Panda associates, or retaliate against harassment
complainants or witnesses, may be subject to discipline,
An associate who submits a report should include including immediate termination of employment.
all details relating to the incident(s), including the Moreover, individuals engaging in unlawful harassment
names of individuals involved and the names of any may be held personally liable for their actions.
witnesses. Timely reporting of any alleged harassment
or retaliation enables Panda to investigate and remedy Associates who believe they have been unlawfully
such unlawful conduct in the workplace. harassed or retaliated against may file a complaint
with the Equal Employment Opportunity Commission
When a complaint is made, Human Resources will (“EEOC”) or (if in California, either the EEOC or
promptly investigate the complaint. The investigating the California Department of Fair Employment and
person will maintain an investigation file. All Housing (“DFEH”)). The EEOC (or DFEH), as a neutral
complaints will be investigated as promptly as possible. fact-finder, assists parties to voluntarily resolve disputes
The investigating person may produce a report which regarding illegal discrimination and harassment.
may, at Panda’s discretion, be delivered or the contents Should the EEOC or DFEH find evidence of harassment
communicated to the complainant on request within and settlement efforts fail, it may seek additional legal
a reasonable time, except that any information that is remedies on behalf of the associate as against Panda.
not directly relevant to the investigation or otherwise In California, the DFEH may file a formal accusation
confidential Panda information may not be provided which could result in either a public hearing before the
to the complainant. The investigator may recommend Fair Employment and Housing Commission (“FEHC”) or
remedial measures based on the results of the a lawsuit filed on the associate’s behalf by the DFEH.
investigation.
Remedies for illegal harassment may include damages
Only those who have an immediate need to know, and equitable relief, including the ordering of hiring
including the alleged harasser(s) or retaliator(s), or reinstatement, back pay, promotion, and changes in
except as otherwise indicated, and any witnesses, the policies or practices of the employer. A court may
will be informed of the identity of the complainant. also award damages.
To the extent possible, Panda will attempt to protect
the confidentiality of the harassment complaints and For more information, contact the EEOC 1-800-669-
complainant. 4000 (or if in California, either the EEOC or the DFEH

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at 1-800-884-1684) California associates will receive Panda maintains a strict policy against unlawful
copy of the DFEH information sheet. harassment of any kind, including sexual harassment.

NON-FRATERNIZATION POLICY AT-WILL EMPLOYMENT


Panda wishes to avoid any misunderstandings, Panda is an “at-will’ employer, which means that you
complaints of favoritism, or claims of sexual are free to terminate your employment at any time,
harassment that may potentially result from romantic with or without a reason and with or without notice.
relationships between managers or supervisors and Panda has the right to terminate your employment at
their direct reports. In an effort to provide a workplace any time, with or without a reason, and with or without
free of dissension and associate morale problems, notice. Although Panda may choose to terminate
Panda prohibits associates from maintaining romantic employment for cause, cause is not required. No one
relationships in the following situations: other than the C.E.O. of Panda can enter into an
express agreement for employment for a specified
• Supervisor and his or her direct report; period of time or requiring Panda to possess good
• Both associates are supervisors and one supervises cause for termination of employment. Furthermore, the
the other. CEO of Panda may only enter into such agreement
in writing and with the consultation of the General
Panda does not seek to interfere with the off-duty and Counsel.
personal conduct of its associates. However, Panda
may consider manager and supervisor associates who IMMIGRATION COMPLIANCE
become involved in romantic relationships in any of Panda enforces and complies with the Immigration
the foregoing circumstances to have exercised poor Reform and Control Act of 1986 (IRCA) which requires
supervisory judgment, which may result in a change in associates, as a condition of employment, to submit
supervisory status or other corrective action, up to and documentation verifying their right to work in the
including termination of employment. And, even if the United States. When beginning work, you are required
relationship is not listed above, but it negatively affects to complete the I-9 form and provide the required
the working environment, Panda may seek corrective documents for inspection. Failure to provide acceptable
action, up to and including termination of employment. documentation or the I-9 form within three days may
Anyone who believes that a conflict of interest situation be considered a voluntary termination of employment.
exists due to a workplace romantic relationship should
report it to their manager or Human Resources and ASSOCIATE CLASSIFICATIONS
may do so without fear of retaliation. Throughout this Associate Handbook associates are
classified in various ways as set forth below.
If co-associates marry, Panda will attempt to make
reasonable efforts to assign job duties so as to Full-Time
minimize problems of supervision, safety, security, Work schedule of 30 or more hours per week.
morale or complaints of favoritism. This may
include, but is not limited to, modifying the reporting Part-time
relationship whenever possible. Work schedule of less than 30 hours per week.

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Temporary transfer within 90 days from the date of the
Hired for up to a pre-established period of time. warning. Supervisors must provide a follow up
Employment in this category is for a limited duration, indicating that improvement has occurred.
which will be determined on an individual basis. A 5. After speaking with their supervisor, associates
temporary associate retains this status until notified in should apply for the position via the internal
writing of a change in status. website.

Exempt associates are those who are not subject to the REFERENCES
provisions of the Fair Labor Standards Act, applicable Panda provides employment verification, such as
state or local laws requiring the payment of overtime dates of employment, job title and pay information to
compensation. prospective employers through a service called “The
Work Number.” Panda may share with regulators, law
Non-exempt associates are those who are covered by enforcement and other financial institutions concerning
the overtime compensation provisions of the Fair Labor fraud, dishonesty, theft, and other prohibited conduct.
Standards Act and applicable state laws or local laws.
Non-exempt associates are entitled to overtime pay for
hours worked which qualify for such pay.

INTERNAL TRANSFERS
Panda supports associates seeking growth opportunities
in Operations within Areas, Regions, or Zones or the
Support Center.

Guidelines
1. To be eligible to apply for an open position and/
or transfer, associates must be in good standing in
their current job, been in their position for
a minimum of 1 year and meet the minimum
qualifications for the open position.
2. Associates interested in transferring to another
Area, Region or Zone within Operations or
Support Center should notify their supervisor prior
to applying.
3. Supervisors, at their discretion, may approve a
transfer if an associate has worked less than a
year in their current position. Senior leader or
Regional Director of Operations approval may be
necessary.
4. Associates on written warning are not eligible to

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Open Door Communication
OPEN DOOR
Panda encourages an open and candid atmosphere
in which any work-related problem, complaint,
suggestion, or question is resolved or answered quickly
and accurately by Panda supervisors or management.
Careful consideration will be given to these problems,
complaints, suggestions, or questions in our continuing
effort to improve our overall operations. Associates will
not be penalized for voicing a good faith disagreement
with Panda by using the Open Door procedure. An
associate can report any problems or concerns, the
following guidelines can be followed:

1st Discuss with your direct supervisor.


2nd If the problem concerns your immediate
supervisor, contact his or her supervisor for a
private meeting.
3rd Your supervisor will attempt to resolve the
situation as quickly as possible. If he or she
is unable to do so, you should have an
opportunity to discuss the situation with the
second level supervisor.
4th If a concern is not resolved in a timely
manner from the meeting with the second
level supervisor, you may contact your Zone
Vice President or Senior Leader.

At any time during the above guidelines, the associate


can contact the Human Resources Department.

Suggestions and feedback can also be anonymous


and made in English, Chinese, or Spanish. The
suggestion(s) will be carefully reviewed by the Human
Resources Department before passing on to the
appropriate individual.

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Pay Administration
PAY AND PERFORMANCE APPRAISALS TIME WORKED EQUALS TIME PAID
Your performance is important to Panda. During Panda is committed to complying with applicable law.
the performance review process, you are expected Panda pays its non-exempt associates for all hours
to assess your performance of Panda’s Mission and worked. To make these payments, Panda must obtain
Values, as well as job related goals and expectations. an accurate record of all hours worked. Therefore,
In addition, you will summarize your overall strengths Panda prohibits associates from—even voluntarily—
and opportunities for improvement. Your immediate working off-the-clock. This means that non-exempt
supervisor will also assess the same criteria and associates are prohibited from working before they
together you will review your progress and set have punched in or continuing to work after they have
actionable goals for the future. punched out. Associates need to follow their scheduled
work hours as assigned by their supervisor.
Merit increases are awarded on an annual basis and
are based on performance. Each associate’s wages OVERTIME
and performance appraisals are personal and treated Overtime work should be based on business needs
in a confidential manner by Panda. Every associate is and should be kept to an absolute minimum. If it is
entitled to an annual performance review. (Operations required, overtime must be approved in advance
hourly associates are entitled to a semi-annual review). by your supervisor or manager. A supervisor or
responsible person in charge should be present
TIME RECORD KEEPING whenever a non-exempt associate works overtime.
All non-exempt associates will be paid according to If you work overtime, without approval, you may
hours worked. Hours worked are recorded by punching be subject to corrective action, up to and including
in/out in PAWS (Panda Advanced Work Station) termination. Yet, associates will be paid for all hours
(Operations), or time recorded on the time card worked.
(Support Center). You must be ready to work/leave
before punching in/out. Time worked equals time paid. The time records should reflect actual hours worked.
For the purpose of calculating overtime, each workday
If you forget to punch in or out, please notify your
begins at midnight and the workweek begins each
supervisor immediately. Both you and your supervisor
Sunday at midnight.
are required to initial any changes or revisions made to
the time records.
Exempt associates are those not covered by the
overtime provisions of the Fair Labor Standards Act,
Punching in/out for other associate or sharing
state or local law and thus are not entitled to overtime.
passwords is not permitted. Falsifying time records
violates Panda policy and may lead to termination of
employment.

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PAYDAY All non-exempt associates must record the time out and
You will be paid every other Friday (except where back in before and after a meal break.
otherwise required by state law). If a payday falls on a
holiday, you will be paid on the last workday prior to Associates may, at their option, use restaurant seating
the holiday. for their meal period breaks.

REST BREAKS If you have any questions, please contact the Human
All non-exempt associates are entitled to a paid ten Resources Department.
minute break included in every four hours of work
performed or major fraction thereof. However, a rest TRAVEL TIME
period may not be provided for associates whose total Exempt associates are generally paid their weekly
daily work is less than three and one-half (3 ½) hours. salary for any week in which they do work, including
These break periods count as hours worked and are all time spent traveling on company business.
paid.
Although overnight travel is not recommended for
Associates may, at their option, use restaurant seating non-exempt associates, on the rare occasion there is
for their rest period breaks. a business need, these associates will be paid their
regular hourly wage for all time spent traveling.
MEAL PERIODS However, time spent taking a bone fide meal break,
Non-exempt associates who work five hours or more sleeping or for purely personal pursuits (not connected
in a day must take a minimum 30 minute unpaid with work) is not considered time worked. Any
meal break before the end of the fifth hour. However, overnight travel must be approved by the ACO/RDO
specific state laws such as California requires that if or Senior Leader. Panda will also comply with any
an associate works less than six hours in a day, the and all individual state laws relating to travel time
associate may waive the meal period provided the wages. For more information regarding travel time
associate has (1) signed a Panda waiver indicating pay please contact the Human Resources Department.
that the associate wishes voluntarily to waive the meal
period; and (2) a Panda supervisor has signed the For more information on reimbursement for travel
waiver. expenses ask your supervisor or refer to the Travel,
Business and Entertainment Expense Policy located in
The associate may revoke the meal period waiver at Epaws.
any time by informing his or her supervisor that the
associate wishes to take a meal period. A second
meal period of not less than 30 minutes is required if
the non-exempt associate works more than 10 hours
in a day. The second meal period may not be waived.
Specific state laws may include additional meal break
requirements.

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Leave Of Absence
LEAVE OF ABSENCE Eligibility
During your time at Panda there may be situations in To qualify for medical leave or family care leave, an
which you need to be absent from work for a period associate must have been employed by Panda for at
of time due to medical or personal reasons. Panda least 12 months and have worked a minimum of 1,250
will comply with applicable law when an associate hours in the 12 months prior to requesting leave and
qualifies for these particular absences. As an associate, must work at a location where Panda employs at least
if you have a qualified circumstance, you must inform 50 associates within 75 miles. Panda uses the rolling
your supervisor at least thirty (30) days prior to the 12 month period to calculate family leave benefits.
leave effective date when the leave is foreseeable.
When the need for leave becomes known less than Basic FMLA/CFRA Leave
thirty (30) days prior to the effective date, you must and Active Military Duty Leave
provide as much advance notice as reasonable under Eligible associates may take medical leave or family
the circumstances. care leave for the following reasons:
(1) For the associate’s own serious health condition
To learn more about your responsibilities in regards (condition may not be pregnancy related to
to any Leave of Absence, please contact the Human qualify for CFRA) if the associate is unable to
Resources Department. perform the essential functions of his or her job.
(2) Serious health condition of the associate’s child,
Note: Individual states and Puerto Rico may allow spouse, registered domestic partner or parent;
additional types of leave. Please check with the (3) To bond with and care for the associate’s
local State Employment Office or contact the Human newborn, adopted or foster child;
Resources Department for more information. (4) Because of the birth of a son or daughter of
the associate and in order to care for such son or
FAMILY CARE AND MEDICAL LEAVE / CALIFORNIA daughter;
FAMILY RIGHTS ACT LEAVE (5) Because of any qualifying exigency arising out of
Under the Federal Family and Medical Leave Act the fact that the associate’s spouse, son (of any
(FMLA) and the California Family Rights Act (CFRA) age), daughter (of any age) or parent, defined as
(for California associates, only), eligible associates a covered military member, is on active duty (or
may be entitled to take medical leave and family had been notified of an impending call or order
care leave up to a combined total of 12 weeks in any to active duty) in the National Guard or reserves
12-month period. or is a retired member of the armed forces or
reserves and has been notified of an impending
call or order to active duty in support of a
contingency operation.

15
A leave because of reasons (3) or (4) must be (a) in-patient care (i.e., an overnight stay) in a
completed within the 1-year period beginning on the hospital or other medical care facility (including
date of birth, adoption, or placement. any period of incapacity or any subsequent
treatment in connection with such in-patient care);
Military Caregiver Leave
An associate also may take Military Caregiver Leave to (b) a period of incapacity of more than three (3)
care for a spouse, son (of any age), daughter (of any consecutive full calendar days, and any
age), parent or next of kin who is a current member subsequent treatment or period of incapacity
of the armed forces, including the national guard relating to the same condition that also involves
or reserves, who is undergoing medical treatment, (i) treatment two (2) or more times by a health
recuperation, or therapy, is otherwise in outpatient care provider or under the supervision of a
status, or is otherwise on the temporary disability health care provider within 30 days of the start
retired list, for a serious injury or illness. For a detailed of the incapacity, or (ii) treatment by a health care
definition of “next of kin” please contact Human provider on at least one (1) occasion within seven
Resources. (7) days of the start of the incapacity which
results in a regimen of continuing treatment under
A covered service member incurs a serious illness or the supervision of a health care provider;
injury for purposes of this paragraph when he or she is
(c) any period of incapacity due to pregnancy, or for
medically unfit to perform the duties of his or her office,
prenatal care;
grade, rank or rating.
(d) any period of incapacity due to a chronic serious
Eligible associates are entitled to a total of 26 weeks health condition requiring periodic visits of at least
of unpaid military caregiver leave during a single twice a year for treatment by a health care
12-month period. This single 12-month period begins provider;
on the first day an eligible associate takes military
caregiver leave and ends 12 months after that date. (e) a period of incapacity which is permanent or
long-term due to a condition for which treatment
Even in circumstances where an associate takes other may not be effective, during which the associate
leave covered by the FMLA under numbers 1-4 in the (or family member) must be under the continuing
basic FMLA/CFRA leave and active duty leave section supervision of, but need not be receiving active
above, the combined leave shall not exceed 26 weeks treatment by, a health care provider; or
during that 12-month period.
(f) any period of absence to receive multiple
Definitions treatments by a health care provider or under
• A “serious health condition” referenced in numbers the supervision of a health care provider, either
(2) and (3) of the basic FMLA/CFRA leave and for restorative surgery after an accident or other
active duty leave section above means an illness, injury, or for a condition that will likely result in a
injury, impairment, or physical or mental condition period of incapacity of more than three (3)
that involves: consecutive calendar days in the absence of
medical intervention or treatment.
16
• A “qualifying exigency” referenced in number (4) (h) additional activities: for other events where Panda
of the basic FMLA/CFRA leave and active and the associate agree on the time and duration
duty leave section on page 15 refers to the of the leave.
following circumstances:
Notice of Need for FMLA/CFRA Leave
(a) short-notice deployment: to address issues arising If the leave is foreseeable (birth or placement, planned
when the notification of a call or order to active medical care, leave due to active duty of immediate
duty is seven (7) days or less; family member), the associate must provide at least
thirty (30) days advance notice. If circumstances
(b) military events and related activities: to attend prevent providing the thirty days advance notice,
official military events or family assistance then the associate should provide as much notice as
programs or briefings; possible.

(c) childcare and school activities: for qualifying If an associate fails to give the required notice for
childcare and school related reasons for a child, foreseeable leave with no reasonable excuse, the
legal ward or stepchild of a covered military associate may be denied the taking of the leave until
member; the associate provides adequate notice of need for the
leave. Associates should make every reasonable effort
(d) financial and legal arrangements: to make or to schedule medical treatments so as not to disrupt the
update financial or legal affairs to address the ongoing operations of the department.
absence of a covered military member;
Intermittent FMLA/CFRA Leave
(e) counseling: to attend counseling provided by Intermittent leave also may be available depending
someone other than a health care provider for upon an associate’s serious health condition or an
oneself, for the covered military member, or associate’s immediate family member’s serious heath
child, legal ward, or stepchild of the covered condition. There are limits on how the intermittent
military member; leave may be used and for details please contact the
Human Resources Department.
(f) rest and recuperation: to spend up to five (5)
days for each period in which a covered military Associates taking intermittent leave must follow
member is on a short-term rest leave during a Panda’s standard call-in procedures absent unusual
period of deployment; circumstances.

(g) post-deployment activities: to attend official Documentation supporting FMLA/CFRA Leave


ceremonies or programs sponsored by the military An associate’s reason for the leave must be covered
for up to 90 days after a covered military under FMLA or CFRA and the associate must provide
member’s active duty terminates or to address a completed certification of health care provider
issues arising from the death of a covered military form supporting the need for the leave. A request
member while on active duty; for reasonable documentation of family relationship

17
verifying the legitimacy of a FMLA or CFRA leave may member’s active duty orders. A request for military
also be required. caregiver leave must be supported by the certification
for serious injury or illness of covered servicemember
Associates must notify the Human Resources form as well as any necessary supporting
Department in writing 30 days (if foreseeable) in documentation.
advance of the associate’s request for family medical
leave, or as soon as possible (generally within 1 to 2 Your leave will be reviewed by a member of the
business days) of learning of the associate’s need for Human Resources Department upon receipt of your
leave. Contact the Human Resources Department for health care provider’s certification. You should check
the appropriate forms. Failure to provide such notice in with this representative regarding the status of the
may be ground for delay of leave. medical condition and your intent to return to work.

Associates must provide the Human Resources After receiving a full duty work release from your
Department with a certification of their own or a physician, failure to return from requested family
covered family member’s serious health condition from medical leave without prior approval from Panda
the relevant health care provider within 15 calendar will be deemed as voluntary termination of your
days after the associate requests leave, if practicable. employment.
Associates may obtain health care provider certification
forms from the Human Resources Department. Recertification
Under certain circumstances as provided by law,
If the certification form is incomplete or insufficient, including (but not limited to) situations in which the
an associate will be given written notification of the need or nature of the approved leave changes, Panda
information needed and will have seven (7) days after may, in its sole discretion, require recertification of
receiving such written notice to provide the necessary your serious health condition. Panda may also request
information. recertification every year in which FMLA or CFRA
leave is taken for any serious health condition that
If there is reason to doubt the validity of the medical lasts longer than one (1) year. In these situations, you
certification, a second opinion, at the expense of will have thirty (30) days in which to provide, at your
Panda, related to the health condition may be required. expense, a completed recertification form.
If the original certification and the second opinion
differ, a third opinion, at the expense of Panda, may be Interaction with State Military Leave Laws
required. The opinion of the third health care provider, California permits the spouse of military personnel to
which Panda and the associate jointly select, will be the take up to 10 days of unpaid leave while the military
final and binding decision. spouse is on leave from deployment. The California
military and veterans code section 395.10 applies
A request for active duty leave must be supported if the associates meet all conditions of the code. To
by the certification of qualifying exigency for review the detailed conditions and eligibility, please
military family leave form as well as appropriate contact the Human Resources Department.
documentation, including the covered military

18
When leave is provided under the California Military your benefits will continue. If you are enrolled in any
and Veterans Code, it also shall count toward the voluntary benefits such as 401(k), flex spending, etc.,
associate’s federal FMLA entitlement and as FMLA the deductions will cease until you are back onto
leave under this policy. Please contact the Human the payroll. Please contact the Human Resources
Resources Department if you have questions about this Department if you have any further questions.
provision.
Manager’s Duties
Returning to work Managers or supervisors should inform the Human
If you take leave due to your own serious health Resources Department as soon as they are aware
condition and the duration was longer than one week, that an associate is planning to be out on a leave of
you are required to provide medical certification that absence or if they are out sick for 3 or more days so
you are able to resume work, before you can return Human Resources can determine if they are FMLA or
to work. If you do not bring certification that you can CFRA eligible. Managers should also keep Human
return to work, you will not be able to return to work. Resources informed of any information received
An associate who takes leave under this policy will be regarding the associate’s leave as well as any expected
able to return to the same job or a job with equivalent return date.
status, pay, benefits, and other employment terms at the
end of the leave. The position will be the same position Pregnancy disability leave
or one of the same pay, which entails substantially for California Associates
equivalent skill, effort, responsibility, and authority. Panda also provides pregnancy disability leaves of
absence without pay to eligible California associates
Request for extended leave who are temporarily unable to work due to a disability
Leave taken because of your own serious health related to pregnancy, childbirth, or related medical
condition may be extended subject to certain conditions conditions. This leave runs concurrently with your
and eligibility requirements. An associate must contact FMLA leave, but it does not run concurrently with your
the Human Resources Department for further details CFRA leave.
regarding extended leave.
Associates should make requests for pregnancy
Compensation disability leave to their supervisors at least 30 days in
Family Medical Leave is an unpaid leave. Upon advance of foreseeable events and as soon as possible
the start of your leave, you will be required to use for unforeseeable events. In circumstances where
unused sick or personal time as compensation during advance notice is not feasible, you are still required to
your leave. In addition, you may use any unused comply with Panda’s associate attendance policy and
PTO. After all paid time is exhausted; your pay will notify your supervisor or manager before the start of
be discontinued until you return from your requested your shift on the day you will be absent. A healthcare
leave. provider’s statement must be submitted verifying the
need for pregnancy disability leave and its beginning
Benefits and expected ending dates. Any changes in this
During the period in which you will not be paid, information should be promptly reported to Panda.

19
Associates returning from pregnancy disability leave business reasons or each means of preserving the job
must submit a healthcare provider’s verification of their would substantially undermine the ability to operate
fitness to return to work. Panda safely and efficiently. If the same position is not
available, the associate will be offered a comparable
Associates are normally granted unpaid leave for position in terms of such issues as pay, location, job
the period of the disability, up to a maximum of 16 content, and promotional opportunities.
weeks within any 12 month period. Associates will be
required to first use any accrued paid leave time before Panda may recover the premium costs it incurred to
taking unpaid leave during the pregnancy disability maintain the benefits during the period you are on
leave period. Subject to the terms, conditions, and leave in the following circumstances:
limitations of the applicable plans, Panda will continue
to provide health insurance benefits for the full period 1. The associate fails to return to work at the
of the approved pregnancy disability leave. It is the expiration of the leave, unless the reason is due to
associate’s responsibility to maintain his or her share of a serious health condition or circumstances
the insurance premium by making bi-weekly payments beyond the associate’s control; or,
to the Human Resources Department. Failure to make 2. The associate returns to work for less than thirty
timely premium payments may result in termination of (30) days following a pregnancy disability leave.
coverage.
There are a variety of other leaves provided by state
During any portion of your FMLA/ CFRA leave and and local authorities. Please check with your manager,
any portion of your FMLA/ CFRA leave during which supervisor or Human Resources Department if you seek
you receive disability benefits, you will not earn any leave from work.
benefits such as vacation or sick pay benefits (for
leaves of over a month), but you will retain all benefits WORKER’S COMPENSATION LEAVE
accrued before your FMLA/ CFRA leave. An associate who is disabled from performing his/
her regular duties due to an occupational injury or
Associates who are disabled due to pregnancy may be illness, will be placed on Family and Medical Leaves
transferred to a less strenuous position, provided that of Absence when meeting the requirements. Worker’s
(1) the associate requests a transfer; (2) the transfer is Compensation leave can run concurrent with the
medically necessary; and (3) Panda can reasonably Medical and Family Leave. The Risk Management
accommodate the transfer. Department must be informed of all occupational
injuries and/or illnesses so the appropriate
So that an associate’s return to work can be properly documentation can be forwarded to the Workers’
scheduled, an associate on pregnancy disability leave Compensation insurance carrier.
should provide Panda with at least two (2) weeks
advance notice of the date she intends to return to MILITARY LEAVE
work. When a pregnancy disability leave ends, the Military Leave is an absence from work to serve
associate will be reinstated to the same position, unless in the United States Armed Forces on a regular
either the job ceased to exist because of legitimate enlistment, reserve training, or emergency call-up

20
basis. Leave will be granted for the duration of the BEREAVEMENT/FUNERAL LEAVE
service period. Panda will pay associates on Military Panda will provide up to three days off with pay to
Leave only as required by relevant and applicable eligible associates for the loss of an immediate family
federal, state and/or local law. The associate is member. An immediate family member includes
afforded reemployment rights and retain full seniority parents, parents-in-law, spouse, domestic partner,
benefits for all prior service upon reemployment in children, grandchildren, grandparents, brother,
accordance with the Uniformed Services Employment sister, sister or brother in-law son-or daughter-in-law,
and Reemployment Rights Act and (if applicable) the stepparents, stepchildren, stepbrothers, and stepsisters.
California Military and Veterans Code. The associate
must bring the associate’s military service orders to Eligible associates must have at least two months
the Human Resource Department for review prior to of service with Panda and work an average of 30
commencement of the leave. If you believe that you hours per week. Bereavement pay is calculated based
may be eligible for Military Leave, please contact the on your regular rate of pay at the time of absence.
Human Resources Department as soon as possible. Associates will not receive bereavement pay in addition
to any other pay.
RETURN TO WORK
You are expected to return to work at the conclusion of JURY DUTY
your approved leave of absence. Failure to do so will If you are summoned to jury duty service, Panda will
be considered a voluntary resignation. The effective grant you the time off. Panda does not pay for Jury
date of employment termination will be the last day of Duty, except as mandated by federal or state law
the approved leave. requirement. Associates are required to show proof of
their daily attendance in court for Jury Duty time off.
PERSONAL LEAVE
Panda recognizes that there may be circumstances,
other than those covered by a statutorily protected
leave, for which a leave of absence without pay for
a short period may be necessary. Subject to business
needs, Personal Leave of up to ninety (90) days may
be granted for reasons acceptable to Panda. Job
protection will only be granted for the first 30 days
of the leave. Requests for leave must be in writing,
with all circumstances explained, and provided to
the supervisor well in advance of the requested leave
period when possible.

Panda will maintain your medical and dental coverage


as if you are an active associate provided you make
the timely payment of your portion of premiums during
the leave. Paid time off and holiday benefits will not
be accrued or paid during the leave.

21
Benefits
ASSOCIATE GROUP BENEFITS Life Insurance and Long Term Disability
Panda values the health and wellness of its associates Operations managers (AM, Chef, GM, MUM, ACO,
and offers various work benefits to eligible associates. RDO, ZVP) and all Support Center associates are
• Operations hourly associates who work an average eligible for group life insurance. The Life insurance
of at least 30 hours per week are eligible for covers the annual base salary up to $50,000.
benefits after six full months of service (first day of Operations managers and Support Center exempt
the following month). associates are eligible for long term disability benefits,
• Operations managers (AM/Chef and above) and which covers 2/3 of the base salary up to $13,000
Support Center associates are eligible on the first per month after 180 days of proven disability until age
of the month following two months of full time (non- 65. Enrollment for both is automatic and the premium
temporary) service. is paid by the company.

Medical/Dental/Vision Insurance Associate Support Program


Panda offers medical, dental, and vision insurance to Panda offers 24/7 telephonic assistance and web
eligible associates. The vision insurance is paid for by access for associates and their household family
the company for those who are enrolled in the medical members for any work/life assistance. Additional
plan. Enrollment for vision is automatic. information can be located by contacting Panda’s third
party provider at 877.757.7587, or visiting:
Voluntary Life Insurance www.eapadvantage.com (password = connect).
Operations managers (AM, Chef, GM, MUM, ACO,
RDO, ZVP) and Support Center associates are eligible Dependent Care Expense Account
to purchase voluntary life insurance up to $500,000 Subject to IRS limitations, associates can allot pre-tax
for self coverage, $250,000 for spousal coverage, and money for childcare services. This tax saving benefit
$10,000 for child coverage. allows dependent care expenses to be excluded from
gross income to the set amount as determined by the
Voluntary Short Term Disability Insurance
IRS.
Operations managers (AM, Chef, GM, MUM, ACO,
RDO, ZVP) and Support Center associates are eligible
Gym Membership
to purchase voluntary short term disability insurance.
Associates and their family members can enroll in
It replaces up to 60% of the associate’s base salary
participating gyms at discounted rates.
with a cap of $1,000 per week for up to 26 weeks if
non-occupational injuries such as illness, pregnancy,
Direct Deposit
etc. are encountered. Panda will offset these amounts
Direct Deposit enables Panda to deposit your net
by any amounts available to associates pursuant to
pay into an associate’s personal bank account. An
applicable law.

22
associate will receive a complete wage statement on - If a GM works less than 8 hours on a holiday, the
payday showing the gross wages and any deductions, GM will be paid at the greater of:
as well as the total amount to be electronically • The actual hours worked at 1½ times of regular rate
deposited into the bank account. To enroll in direct or,
deposit, please speak with your supervisor or contact • 8 hours of pay at regular rate
the Human Resources Department. - If the GM does not work on a company holiday, the
GM will be paid 8 hours of holiday pay at the
HOLIDAYS - SUPPORT CENTER regular rate. Payroll will add 8 hours to the GM’s
• New Year’s Day paycheck.
• President’s Day - If the GM’s normal day off falls on a company
• Memorial Day holiday, re-schedule the day off to another day
• Independence Day within the same pay period.
• Labor Day - Associates on a leave of absence, for any reason,
• Thanksgiving (Thurs. & Fri.) are ineligible to receive pay for holidays that are
• Christmas Day observed during the period they are on leave.

HOLIDAYS - OPERATIONS PAID TIME-OFF (PTO)


• Thanksgiving Day & Christmas Day Panda recognizes the need to have time away from
work. Associates working at least 30 hours per week
AM, Chefs, and Hourly Associates are eligible and begin to earn paid time off after three
- If the associate works on a company holiday, he/ full months of service. Associates do not accrue any
she will be paid 1.5 times the regular rate for the paid time off during their first 3 months of employment,
first 8 hours worked and paid double time for hours and therefore will not earn any paid time off if
worked beyond 8 hours. employment with Panda terminates prior to the end of
- If the associate does not work on that day, they will their 3rd month.
not be paid.
Associates should notify their supervisors of a request
for PTO at least two weeks in advance of taking
Non-California General Managers
the time off. The request must be approved by your
- An alternative day off is given if the holiday falls on
supervisor. Please keep in mind that supervisors are
a regularly scheduled day off or if the GM works on
responsible for ensuring adequate staffing levels at
the holiday.
all times. Panda will attempt to accommodate specific
requests; however, in those cases where request cannot
California General Managers
be approved, you should discuss alternative dates with
- If a General Manager works on a company holiday,
your supervisor. If two or more associates request the
the GM will be paid 1.5 times the regular rate for
same time off period, the associate who first made
the first 8 hours worked and paid double time for
the request will be granted the time off. If the requests
hours worked beyond 8 hours.
were made at the same time then the associate who
has the longest length of service with Panda will be
granted the time off first.

23
Associates may not cash out accrued paid time off at Operations Management associates earn paid time off as follows:
any time except upon termination. Completed Accrual Rate
Maximum
Service Required per Pay Period
Panda encourages associates to have a period of 3.08 hrs/pay
rest and relaxation away from work. Accordingly, 3 mo. – 5 yrs. 80 hrs/year
period
Panda reserves the right to schedule paid time off
4.62 hrs/pay
for associates if Panda determines that such action is >5 yrs. – 10 yrs.
period
120 hrs/year
appropriate.
6.15 hrs/pay
>10 yrs. 160 hrs/year
period
While on paid time off, associates will be paid based
on their regular hourly rate for eight hours per day.
Overtime will not be paid during the time that you are
on paid time off. Associates do not accrue paid time Operations Non-Management associates earn paid time off as follows:
off while on leaves of absences. Completed Accrual Rate
Maximum
Service Required per Pay Period
The maximum amount of Paid Time Off which may be Average hrs worked
earned at any given point in time depends on your 3 mo. – 1 yr. per pay period /26 40 hrs/year
pay periods
position with Panda.
Average hrs worked
>1 yr. – 5 yrs. per pay period / 26 60 hrs/year
• Support Center associates may accumulate a pay periods X 1.5
maximum of 240 hours of earned Paid Time Off
Average hrs worked
• Operations Management associates may >5 yrs. per pay period /26 80 hrs/year
accumulate a maximum of 240 hours of earned pay periods X 2
Paid Time Off * Average hours worked per pay period will be capped at 40 hours
• Operations Non-Management may accumulate a even when an associate works more than 40 hours
maximum of 120 hours of earned Paid Time Off * Associate must work at least 60 hours per pay period in order to
earn paid time off hours for the pay period
Once you have reached the maximum amount of
earned paid time off, you will stop accruing paid time
off hours until you have used some of the hours and Support Center associates earn paid time off as follows:
reduced the hours below the maximum amount. Completed Accrual Rate
Maximum
Service Required per Pay Period
The maximum amount of paid time off which an 3 mo. – 1 yr. 3.69 hrs/pay period 96 hrs/year
associate can earn per year depends on the position >1 yr. – 5 yrs. 4.62 hrs/pay period 120 hrs/year
and number of years employed with Panda.
>5 yrs. – 10 yrs. 5.54 hrs/pay period 144 hrs/year

>10 yrs. – 15 yrs. 6.46 hrs/pay period 168 hrs/year

>15 yrs. 7.38 hrs/pay period 192 hrs/year

24
PANDA RETIREMENT PLAN - 401(k) ASSOCIATE DISCOUNT
A 401(k) plan is a retirement plan that allows for Associates receive a 20% discount at all Panda
voluntarily saving a portion of the associate’s base pay Express, Panda Inn and Hibachi-San locations. This
from each paycheck on a tax deferred basis. discount does not apply to Panda Express located in
Vons markets or certain licensee stores. The discount
To be eligible to participate in Panda’s 401(k) plan, will apply to as many as 19 guests. Associates must
the associate must be 21 years of age. Enrollment is produce their ID badge in order to receive the 20%
semi-annual: January and July of each year. Panda discount.
will contribute up to a maximum of 4% of base pay
after one year of service (beginning the next open As with all company benefits, Panda reserves the
enrollment) as long as contributions are made to the right to change, amend or discontinue the sponsored
401(k) plan. For highly compensated associates, benefits it offers to associates at any time. Panda’s
Panda will contribute up to 1% of base pay as long right to make changes is not limited by an associate’s
contributions are made to the 401(k) plan. length of service, or by an associate’s reliance on
the availability of these benefits in deciding whether
Plan details are subject to change. Panda reserves the to accept, continue, or retire from employment with
right to change, add or discontinue the 401(k) plan Panda.
offered to associates at its sole discretion. For specific
information about Panda’s 401(k) plan, please contact
the Human Resources Department.

ASSOCIATE REFERRAL BONUS


Panda may award a bonus to any eligible associate
for referring a new associate. The new associate must
not report directly to you and must be employed for
at least 90 days and active at the time the bonus
check is processed. The bonus amount will vary
depending on the position hired. Panda may modify
this policy at any time with or without notice. MUMs,
ACOs & RDOs are not eligible for the Operations
referral bonus, but are eligible for the Support Center
referral bonus. Senior Leaders, Human Resources
Directors and Recruiters, and Managers involved in the
interview process for the position are not eligible for
the referral bonus. Please contact the Human Resources
Department with any questions.

25
General Policies & Procedures
ATTENDANCE AND PUNCTUALITY PANDA/PERSONAL PROPERTY
As a Panda associate, you are expected to be ready
to start work at the beginning of your scheduled work Security & Confidential Information
time and to resume work on time after authorized rest The security of associates, associate property, and
and meal periods. If an associate is sick or injured Panda property is of vital importance to Panda. All
and cannot come to work, it is the responsibility of associates share responsibility to ensure that proper
the associate to telephone the supervisor or person-in security is maintained. Any breach of security should
charge a minimum of two hours before the scheduled be reported promptly to your supervisor and Building
starting time to advise the supervisor of the situation. Operations and Loss Prevention Department.

Repeated or excessive tardiness or absenteeism Panda property includes not only tangible property,
may lead to corrective action, up to and including like desks and computers, but also intangible property
termination of employment. Associates who do not such as information. Of particular importance is
call in and fail to report to work for three consecutive proprietary and confidential information. Associates
scheduled workdays will be considered to have shall not disclose or use proprietary or confidential
voluntarily abandoned their employment with Panda. information except as their jobs require. Proprietary
information includes all information obtained by
Specific policies and guidelines may vary based on Panda associates during the course of their work.
region and the discretion of the ACO / RDO or Senior This Handbook, for example, contains proprietary
Leader. information. Confidential information is any Panda
information that is not known generally to the public
ALTERNATIVE WORK SCHEDULE or the industry. Supply and service information,
AND TELECOMMUTING POLICY financial and marketing data, operational information,
Panda’s goal is to provide exceptional service to both recipes, and trade secrets are examples of confidential
associates and guests, and that is best accomplished by information. Anyone who violates this guideline will
working at the stores and Support Center. Yet, Panda be subject to corrective action up to and including
tries to be flexible in its approach to work needs and a termination of employment and possible legal action.
supervisor can allow an associate to work from home
for a day or so if warranted, as long as the associate Insider Information & Trading
is accessible. Any long term or planned alternate work From time to time, Panda may explore or enter into
schedules or telecommuting arrangements greater business relationships with publicly traded companies
than two consecutive days, need to be discussed and whose shares are available for purchase or sale. Any
approved by the Chief People Officer. associate who comes into possession of material,
non-public information concerning a publicly traded

26
company (“Inside Information”) must safeguard the search can also be conducted of any Panda-provided
information and not intentionally or inadvertently equipment or personal equipment used in the scope
communicate it to any person (including family and course of employment, including, but not limited
members and friends) unless the person has a need to, desks, work areas, lockers, storage areas, computer
to know for legitimate, Panda-related reasons. Inside equipment and files, the online system, personal
Information is deemed “material” when it would be computers, smartphones, email and voicemail.
considered important by a reasonable investor in
deciding whether to buy, sell, or refrain from any All associates are expected to use Panda property for
activity regarding a publicly trade company’s securities. Panda purposes only. You cannot give Panda property
Further, such information would be material if it were to anyone else. Any property issued to you must be
likely to have a significant impact on the market price returned to Panda upon your transfer or termination
of such company’s securities. Examples of Inside of employment. Panda reserves the right to take
Information include proposed business relationships appropriate action to prevent any associate from
and transactions, financial records or results, and removing Panda property without authorization.
product announcements, among others. When in
doubt, please consult your supervisor or the Legal Panda has the right to and may access or search
Department. through Panda property for information, investigative
purposes, or other business needs. Panda property
It is against the law for any person (a “tipper”) to includes Panda’s computer systems and various media,
improperly reveal Inside Information to another person data stored on Panda’s computer systems, email, etc.
(a “tippee”), and such individual can be held civilly This means that there is no promise or guarantee of
and criminally liable under the anti-fraud provisions privacy in any message you may send or receive via
(primarily Section 10(b)) of the Securities Exchange Panda property.
Act of 1934 (the “1934 Act”) and Rule 10b-5, for
the trading activities of his or her “tippee” and any PANDA ISSUED CELL PHONE/PDA POLICY
other person with whom the “tippee” shares the An associate who has been assigned a cell phone
information, even if the “tipper” is unaware. Inside and/or PDA device (such as a Blackberry) is
Information should be communicated discretely and not responsible to care and ensure there is no damage,
discussed in public places where it can be overheard, abuse, neglect, loss or theft of the equipment at all
such as elevators, restaurants, public transportation, times, even in the office. The Panda issued cell phone
and airplanes. Anyone who violates this policy will is for business use only.
be subject to corrective action up to and including
termination of employment and possible legal action. Panda prohibits an associate from viewing, inputting
or sending any text or email from a Panda cell phone
PANDA PROPERTY and/or PDA while driving during work time. In
Panda reserves the right, with or without prior notice, addition, each associate is required to comply with
to search its premises thoroughly at any time and local cell phone laws (including California, New
to conduct a search of any person(s), associate(s), York, New Jersey, Washington, D.C. and Chicago), in
and belongings entering or leaving the premises. A which the use of a hand held cell phone while driving

27
is illegal and for safety reasons should be avoided to delete or purge files or messages, whether or
as a general practice even when a headset or voice- not authorized by Panda, shall not be understood
activated features are available. to give an associate any expectation of privacy in
any message, file, data, document, communication,
For any personal and non-business charges, the facsimile, or other kind of form of information
associate is held accountable to pay before the transmitted to, received from, stored on any system
employment relationships ends. owned, leased, used, maintained, moderated or
otherwise operated by Panda or its customers. All
PERSONAL USE OF PHONES system passcodes must be made available to Panda
AND ELECTRONIC DEVICES upon request. Backup copies of email and voicemail
Open lines are necessary to conduct Panda business. are maintained and can be referenced for business
Personal calls should be made during lunch or rest and legal reasons. You do not, as the creator,
periods using non-Panda telephones. However, if recipient, or associate of Panda, have any
there is an emergency and you are authorized by personal privacy rights in or to the information
your supervisor, you may make or receive a call therein.
during working hours on a Panda telephone. Extended
personal calls or long distance calls are prohibited and Associates are reminded of the confidentiality of
reimbursement for the calls will be required. Personal customer information and should disclose information
use of pagers, blackberries, cell phones, or any music or messages via the electronic mail system only to
device is prohibited during working hours. Excessive authorized associates.
use of any personal devices may lead to corrective
action, up to and including termination. Some regions Email may not be used to receive or send messages
or departments may have further restrictions, please relating to non-job related commercial ventures,
ask your supervisor for further clarification. religious or political causes, outside organizations, or
other non-job related matter. In addition, email may
TELEPHONES, VOICE-MAIL, EMAIL, COMPUTERS not be used to create or send material, which may
AND SOFTWARE; SURVEILLANCE CAMERAS ON constitute intimidating, hostile or offensive material
PREMISES — NO EXPECTATION OF PRIVACY on the basis of sex, race, color, religion, national
Panda’s electronic information systems are the property origin, sexual orientation, ancestry, age, marital
of Panda. Panda provides individual access codes status, physical disability, medical condition, mental
for computers, email, and voicemail to each associate disability, or any other characteristic protected by
in order to prevent unauthorized access. Because applicable law. Panda’s policy against sexual or other
all Panda property and systems are to be used for harassment applies fully to the email system, and any
business purposes only, all material and information violation of that policy is grounds for discipline, up
created with, received by, and stored in Panda to and including termination. If you receive email,
property, including computers, email, and voicemail, which contains such material, you must report it to
are considered the property of Panda. Accordingly, your supervisor pursuant to the reporting procedures
the issuance, use, creation or change of any password, under Panda’s Policy Against Unlawful Harassment and
code or any method of encryption or the capacity Retaliation.

28
To safeguard and protect the proprietary, confidential use of passwords or codes of other associates to
and business sensitive information of Panda and to gain access to their email and voicemail messages.
ensure that the use of all information, including, but Personal or other inappropriate use of Panda’s
not limited to, all software and equipment, is consistent information systems will result in disciplinary action, up
with Panda’s legitimate business interests, authorized to and including termination.
representatives of Panda may monitor the use of such
systems, messages, files on the systems, list servers and Finally, associates are prohibited from tape-recording
equipment. To reiterate, this means that associates communications, including in-person and telephonic
should not expect that their email, voicemail communications with other Panda associates without
or other communications are private. Other prior knowledge and consent of all those party to the
authorized Panda associates may review those communications.
communications.
Every associate is responsible for seeing that
Panda reserves the right to access, retrieve, read and telephones, electronic mail, voicemail, and other
delete any communication created, received or sent in computer network systems are used properly and in
the email system that Panda provides for its associates. accordance with this policy. Regarding the use of
Panda also has an Email Retention Policy in which all emails and internet, the policy will be enforced at the
emails older than certain amount of days could be sole discretion of Panda, with enforcement including
deleted from Inbox, Deleted and Sent folders, and thus termination of employment. Any questions about this
making them unavailable. In addition, in the event policy should be directed to your supervisor or Human
that Panda is required to produce documentation or Resources.
other material in response to a subpoena or other legal
request, Panda reserves the right to access and retrieve At certain locations in non-private areas, Panda
such information. maintains surveillance cameras, and such tapings
may be used to investigate matters or provided to
Panda also provides access to the Internet exclusively law enforcement authorities. Accordingly, associates
for business purposes. The same obligations, should expect that their actions on camera may be
limitations and requirements that apply to the use reviewed by Panda or law enforcement authorities.
of email, voicemail, and other computer-based
capabilities apply to the use of the Internet. Associates INTERNET POSTINGS POLICY
are prohibited from sending, viewing, or receiving This policy applies to associates posting content on the
obscene, offensive or discriminatory materials, Internet in any way that:
including pornography. Additionally, associates must
recognize that any message sent over the Internet • Identifies yourself as a Panda associate (besides
is subject to interception. You should be aware that employment history)
each associate’s use of the Internet may be logged for • Identifies Panda’s business
business purposes. • Discloses Panda’s confidential or proprietary
information
Associates are prohibited from using the unauthorized • Displays activity occurring within a Panda location

29
In general, Panda respects the right of associates to PROHIBITED MATERIALS
post content on the Internet. However, if your posting Prohibited materials include firearms or other weapons,
relates to any of the above areas, you are required to explosives and/or hazardous materials, illegal
comply with this Policy. drugs or other controlled substances; drug-related
paraphernalia, alcoholic beverages, or Panda property
• Panda requires that you seek written permission that you are not allowed to have in your possession.
from your supervisor (Director or above for Support
Center and RDO and above for Operations) before Inspections and Searches
posting its trademarks, copyrights or trade dress as Inspections or searches for prohibited materials on
well as confidential or proprietary information on Panda premises will be conducted whenever Panda
the Internet. has reasonable suspicion to believe that you may be in
• It must be clear to viewers that comments, in any possession of such materials.
format, relating to Panda are yours only for which
you assume sole and full responsibility. If you are found to be in possession of prohibited
• Comments must be truthful and respectful to Panda, materials in violation of this policy, you will be subject
its partners, its associates, guests, and affiliates. to discipline, up to and including termination.
Panda will not tolerate statements that are
defamatory, obscene, threatening or harassing. PERSONAL PROPERTY
• Panda may request, in its sole and absolute Panda is not responsible for loss of or damage to your
discretion, that you limit your Internet postings to personal property brought to or used for work. You are
topics unrelated to Panda if it believes this is responsible for your personal belongings.
necessary or advisable for its business or to ensure
compliance with applicable laws. Failure to comply SOLICITATION, DISTRIBUTION, BULLETIN BOARDS
with these requests or this policy may lead to In order to avoid unnecessary annoyances and
discipline up to and including termination, and interruptions during working hours, solicitation by an
if appropriate, Panda will pursue all available legal associate of another associate is prohibited.
remedies.
• Consult Panda’s Internet Usage Policy for additional You may distribute or circulate non-Panda written
information. materials to other associates only during non-working
time and only in non-work areas. If you are unclear
If you have question about this policy, contact your whether an area is a work or non-work area,
supervisor, Human Resources Department or the Legal you should consult your immediate supervisor for
Department. clarification.

Note: By publishing these policies, Panda is not Panda has bulletin boards located throughout the
assuming a duty to monitor Internet activity but reserves facility which are used to communicate important
the right to take appropriate action in accordance with information to our associates. Posting on these boards
these policies in its sole and absolute discretion. is limited to Panda-related material only. All other
postings require the prior approval of the Senior

30
Leader of Human Resources for Support Center or the OUTSIDE EMPLOYMENT
ACO / RDO of the store. Management levels associates and above considers
your employment with Panda as your primary
CONFLICTS OF INTEREST employment responsibility. As a manager, if you
Associates are expected to use good judgment, have another job or are considering an additional
to adhere to high ethical standards and to avoid job, you must notify your supervisor and ensure that
situations that create an actual or potential conflict your outside employment does not interfere with your
between the associate’s personal interests and the employment obligations to Panda. You may not obtain
interests of Panda. A conflict of interest is any situation outside employment with any competitor of Panda.
which may be viewed as competing with the business
of Panda or any of its affiliates. It is also any situation ASSOCIATE IDENTIFICATION BADGE
which may create a business involvement where the You will be issued an Associate Identification Badge.
gain, or potential gain, from information, personal This will serve as a nametag to identify you as an
contact, or political advantage, normally attainable associate. All Support Center associates must wear
only through employment with Panda, is to the benefit and display their badges above the waist when visiting
of the associate or a relative and/or to the detriment stores or working at the Support Center Office. All
of Panda, either monetarily, or its public image. You operations associates must wear their name tag while
should contact the Human Resources Department on duty in the stores.
for more information or questions about conflicts of
interest. APPEARANCE STANDARDS
Panda prides itself in having its associates with a
The following are some common conflicts from which clean, conservative and professional appearance. All
associates should refrain from the following: associates are required to adhere to the following
dress code.
• Using proprietary or confidential Panda information
for personal gain or to Panda’s loss or damage; Associates are required to be in uniform and ready
• Using Panda assets or labor for personal use; to work at the beginning of their scheduled start time
• Working for a competitor, supplier, or customer; and when they clock in (if applicable). Associates
• Investing money in any competitor of Panda. must remain in their uniforms until they complete their
Ownership of less than one percent (1%) of the scheduled shift and clock out.
publicly traded stock of a corporation will not be
considered a conflict of interest. Personal Appearance Standards
As a service organization, we recognize that
Please feel free to ask a member of the Legal personal appearance and presentation of all our store
Department if you have any questions concerning this associates contributes to the total quality of our guests’
policy. dining experience. We also recognize that appearance
and hygiene are sensitive subjects which should be
treated carefully between managers and associates. As
such, wearing perfume or cologne is not permitted.

31
Panda requires our guest service associates to adhere • Socks - Required, only black or dark blue socks are
to certain personal appearance standards. Wearing permitted.
a uniform is a part of those standards. A Panda • Shoes - Black, closed toe, and non-slip rubber
associate’s uniform consists of: soles.
• Cap - Must be worn at all times while on
• Panda issued shirt duty. Panda issued cap must be worn by Back of
• Panda apron House associates.
• Panda cap • Name tags - Must be worn at all times.
• Panda name tag • Safety Belts - Must be worn at all times by Back of
• Safety belt for Back of the House House associates.
• Black pants
• Black non-slip shoes HAIR
• Neatly and conservatively styled.
Panda uniforms will be issued at the time of hire. The • Long hair must be put up in a bun or pony tail
minimum issuance is two shirts, one apron, and one above the collar and confined under the cap. Hair
cap. Additional shirts may be issued depending upon nets may be worn when appropriate and may be
the number of hours and days an associate is expected required by certain state laws.
to work. The maximum is six. Panda issued uniforms • Hair must be pulled away from the face.
are the property of Panda. You are responsible for
proper care and cleaning of the uniforms, following NAILS & FACIAL HAIR
the garment’s written instructions. Shirts are property • Nails should be short and clean. Nail polish and
of Panda and must be returned upon employment fake nails should not be worn for sanitary reasons.
termination or leaving Panda. • Shave daily before reporting to work. Beards and
goatees are not permitted.
Name Tag • Side burns must be neatly trimmed and may not
A nametag will be provided for all associates to wear. extend beyond the bottom of the ear lobe.
This is considered part of the uniform and must be • A mustache may be worn, but must be neatly
worn at all times trimmed and not extend below the upper lip.

Operations Associate Dress Code JEWELRY


CLOTHES • Necklace - May be worn as long as it does not
• Shirt - Panda approved uniform tops. Shirt tails dangle outside of the uniform.
tucked in and collar buttoned. • Earrings - A pair of small conservative earrings or
• Sweater - May be worn outside the Panda shirt post-type may be worn. Large or dangling earrings
when necessary. are not acceptable. Plugs, Spacers or Spikes are not
• Pants - Black proper fitting pants cleaned and permitted.
wrinkle free. No denim allowed. • Piercing - Visible body piercing is not permitted.
• Aprons - Wrinkle free. Must be worn at all times • Tattoo - Visible tattoo must be conservative and
and cleaned. non-offensive.

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• Watch - One (1) wristwatch may be worn. Watch All Support Center associates are required to adhere
is not permitted for Back of House due to sanitary to the Operations Associate Dress Code when
reasons. conducting field training at the store locations.
• Bracelet - Bracelet is not permitted.
• Rings - No more than one (1) plain band may be
worn.

Support Center Associates Dress Code


All Support Center Associates are to use their best
judgment to ensure a professional work environment.

CLOTHES
• Suits are not required unless attending a meeting
where a suit would be more appropriate.
• Casual pants such as khakis (Dockers) and cords
are permitted. Jeans and shorts are not permitted.
• T-shirts, tank tops, spaghetti strap shirts and skirts
shorter than two inches above the knees are not
permitted.
• Tennis shoes, sandals/flip flops are not permitted.

HAIR
• Neatly and conservatively styled. For male
associates, hair should not be longer than the shirt
collar.

FACIAL HAIR
• Shave daily before reporting to work. Beards and
goatees are not permitted
• Side burns must be neatly trimmed and may not
extend beyond the bottom of the ear lobe.
• A mustache may be worn, but must be neatly
trimmed and not extend below the upper lip.

JEWELRY
• Piercing - Visible body piercing is not permitted.
• Earrings - A pair of earrings may be worn.
• Tattoo - Visible tattoo must be conservative and
non-offensive.

33
Health & Safety
HEALTH AND SAFETY 4.) If you are diagnosed with, or identified as a
Panda is committed to providing and maintaining a carrier of:
productive, healthy and safe working environment • Norovirus
for all associates. Safety is every Panda associate’s • H1N1
responsibility. You are required to know and comply • Hepatitis A
with Panda’s General Safety Rules and to follow safe • Shigella spp
and healthy work practices at all times and as a • E. coli O157:H7
condition of employment. You must immediately report • Salmonella spp
any accidents to your supervisor. • Entamoeba histolytica
• A staphylococcal infection likely to cause
ASSOCIATE ILLNESS NOTIFICATION POLICY foodborne illness.
As part our general safety rules, it is important to
inform your immediate supervisor before commencing Compliance with the above requirements is a condition
work if: of your employment. In addition, you must practice
good personal hygiene and follow hygienic practices
1.) You suffer from any of the following symptoms: in the workplace.
• Diarrhea, vomiting, or nausea;
• Fever; WORKERS’ COMPENSATION
• Runny nose or uncontrolled cough; or All Panda associates are eligible for Workers’
Compensation coverage on the first day of employment
2.) After returning from a leave of absence due to at no cost. Associates who incur an occupational
any of the above conditions and before starting injury or illness may receive benefits through Workers’
work; Compensation. This insurance is fully paid by Panda.
In some cases benefits for lost wages may be paid
3.) If any member of your household or a close for time off work due to work related injury or illness
contact is currently suffering from diarrhea or incurred, after a specified waiting period has been
vomiting lasting more than 24 hours; or met. The associate must notify his/her manager or
supervisor at least two (2) days prior to the expected
return to work date, to allow time to schedule the
associate back to work.

Any absence from work must be authorized by the


associate’s treating physician and a medical certificate
needs to be provided to Risk Management.

34
If you are injured on the job, it is your responsibility During the temporary modified work assignment,
to tell your supervisor immediately. Failure or delay you will be paid at your regular rate of pay. You
in reporting an injury may result in the claim being may return to your regular work when you are
denied. If you need to file a claim or if you have any released by your physician to do so. Modified work
questions regarding Workers’ Compensation, please is not permitted for associates who are permanently
contact Risk Management at (626) 799-9898. disabled.

MEDICAL TREATMENT MAINTAINING A SAFE WORK ENVIRONMENT


Panda provides all stores with medical facility Each Panda location may be subject to regular,
information for the treatment of work-related periodic health and safety inspections by government
injuries and illnesses that occur during the course regulators, state and health officials and Operations
of employment. The control of treatment for a work and Support Center leaders. The schedule and
related injury and an illness is regulated by Workers’ appropriate checklist is available in the Operations
Compensation law and may vary from state to state. In Manual on ePAWS or by contacting Risk Management.
general and where permitted, it is the desire of Panda
to select medical facilities/ physicians and maintain Safety rules should be strictly observed and followed
medical control of treatment for the first 30 days after and may include but are not limited to Panda’s Injury &
the report of a situation requiring treatment. After 30 Illness Prevention Programs, FLEET Safety Procedures,
days from the report, you have the right to choose a and other safety communications. Continued violations
physician of your choice. If you notify Panda in writing, or failure to comply with safety rules may result in
prior to the date of work-related injury or illness, corrective action up to and including termination of
that you wish to personally choose a physician for employment.
treatment, you will then have the right to be treated by
this physician for the reported condition. Contact Risk SMOKING ON PREMISES
Management (626) 799-9898 if you wish to designate Panda associates shall maintain a smoke-free
a personal physician in the event of a work related environment on all premises. This includes stores,
injury or illness. offices, parking lots, etc. except where specified
smoking sections are designated.
MODIFIED WORK PROGRAM
If you are required by your treating physician not to ALCOHOL AND DRUG-FREE WORKPLACE POLICY
return to your regular work, due to an occupational Panda has a vital interest in and is required by law
injury or illness, you may qualify for temporary to provide a safe and healthy work environment for
modified work. Modified work assignments will be its associates. Being under the influence of a drug or
made available whenever reasonable, to enable alcohol on the job may pose serious safety and health
you to return to work and assist in recovery. This risks not only to the user, but to all those who work with
assignment must be approved by your manager or the user, as well as others whom the user comes into
supervisor, treating physician and Risk Management contact. An alcohol and drug-free work environment
Representative. is important to Panda’s goals of maintaining a safe
and healthy work environment as well as maintaining

35
efficient working conditions, providing the best possible required to see a doctor at Panda’s expense. Such
service, preventing drug-related associate theft and associates may be required to take a leave of absence
other offenses, and ensuring health and safety in the if the doctor finds that the associate cannot do his or
workplace. All associates must report to work in a fit her job safely and efficiently because he or she is using
condition to perform their jobs safely and well. prescription or over-the-counter drugs.
For purposes of this policy, a drug will be considered
an “illegal drug” if its use is restricted or prohibited by 3) Violation of any part of this policy will result in
law and an associate improperly uses or possesses the disciplinary action, up to and including termination
drug, regardless of whether such conduct constitutes of employment, even for a first offense, and if
an illegal act or whether the associate is criminally appropriate, referral for prosecution by local, state, or
prosecuted and/or convicted for such conduct. federal applicable law enforcement agencies. It is the
responsibility of all associates to ensure that the work
General Guidelines environment is free of alcohol and drugs. Therefore,
1) While on Panda premises or while performing full participation by all associates is needed by
any Panda business, you may not use, possess, reporting any violation of this policy, even if committed
manufacture, sell, or be under the influence of alcohol by other associates, and ultimately maximizes the
or illegal drugs. “Under the influence” is defined as safety of all associates and guests at Panda. An
any measurable amount of drugs or alcohol present associate who fails to report any known violation, and
in an associate. You may not, whether or not on depending on the severity of the violation, may be
Panda premises or business, engage in the unlawful subject to discipline up to and including termination of
manufacture, distribution, dispensation, possession, or employment.
use of illegal drugs, or associated paraphernalia.
4) If the associate chooses to consume alcoholic
2) Any associate who is convicted for the illegal use, beverages during work related social events, the
sale, or possession of narcotics, drugs, or controlled associate should do so responsibly and in moderation.
substances off duty or off the premises may be subject Any excessive consumption and abuse of alcoholic
to discipline, up to and including termination of beverages is prohibited. Violators will be subject
employment. Any associate, who pleads guilty or to discipline, up to and including termination of
is convicted of a drug-related crime, may be subject employment.
to discipline, up to and including termination of
employment. 5) If you have questions or concerns about the Alcohol
and Drug-Free Policy, please ask your supervisor or
The legal use of prescribed drugs is permitted while on contact the Human Resources Department.
Panda business only if it does not impair your ability to
safely and efficiently perform the essential functions of Searches
your job and does not endanger others. In order to promote a safe, productive work
Associates using legally obtained drugs that cannot environment, Panda may conduct unannounced
perform all essential functions of their job satisfactorily, searches of its general facilities and property for
even with reasonable accommodations, may be illegal drugs or alcohol. Associates are expected to

36
cooperate in such searches. Searches of associates Drug And Alcohol Rehabilitation
and their personal property may only be conducted Panda will reasonably accommodate any associate
when there is reasonable suspicion that an associate is who wishes to voluntarily enter and participate in an
in violation of this policy. alcohol or drug rehabilitation program provided that
this reasonable accommodation does not impose an
Reasonable Suspicion Testing undue hardship on Panda. Such associate requests will
In cases when an associate is reasonably suspected of be kept confidential and information will be shared
being under the influence of drugs and such influence with the authorized individuals.
may adversely affect the associate’s job performance
or the safety of the work environment, Panda may Associates should recognize, however, that
order the associate to submit to a drug screening notwithstanding their rights to reasonable
test conducted by a professional medical staff and accommodation of their desire to voluntarily enter and
laboratory. The suspicion may be based on any of the participate in an alcohol and/or drug rehabilitation
following reasons: program, they still may not violate Panda’s Alcohol
and Drug-Free Workplace Policy. If associates violate
1. Direct observation of use or possession drugs or this policy prior to seeking to enter into drug and/
drug paraphernalia; or alcohol rehabilitation, they shall still be, at Panda’s
2. Objective symptoms such as the associate’s discretion, subject to all of the sanctions imposed by
appearance, behavior, speech and/or other Panda’s Alcohol and Drug-Free Workplace Policy, up
factors; to and including termination of their employment and
3. A pattern of abnormal or erratic behavior; or imposition of random drug testing program.
and/or,
4. An arrest, conviction or the identification of being Legal Compliance
involved in a drug-related offense. Nothing in this policy shall be interpreted to conflict
with any legal rights associates may have pursuant to
The testing will be conducted without cost to the federal, state or local applicable law.
associate, while the associate is “on the clock” and
transportation may be provided by Panda to and from EMERGENCY & DISASTER PROCEDURES
the medical facility. After the test, the associate may be In the event of a fire or other emergency please follow
placed on an immediate suspension from work until the your location’s evacuation plan. Notify a supervisor
results are obtained. If the associate tests positive, the if possible and dial “911” or the emergency number
associate will be subject to disciplinary action, up to in your area. Evacuate the building safely and follow
and including termination of employment. evacuation procedures. Each associate is responsible
for becoming familiar with emergency evacuation
The refusal to consent to testing when requested may procedures at his or her location.
be considered insubordination and may result in
disciplinary action against the associate, up to and In the case of a disaster such as earthquakes, floods,
including termination of employment. hurricanes, power failures, or other occurrences, the
store or office may be damaged or unsafe to enter.

37
Therefore, associates may be asked to report to
another location or to be on call for further instructions
and/or until repairs have been made to ensure the
work area is safe.

GOOD HOUSEKEEPING
Maintaining a safe and organized environment
includes good housekeeping. Well-organized work
areas also increase the ability of associates to perform
their jobs efficiently. Each associate is responsible for
keeping his or her work area neat and orderly and
for cleaning and sanitizing all equipment needed in
food preparation. Housekeeping inspections will be
conducted in each department and store on a regular
basis.

38
Rules of Conduct
You are expected to exercise the best judgment and Corrective action may include one or more different
ethical standards in your conduct at work. Your forms of action, such as:
cooperation in adhering to Panda’s Code of Conduct
and Ethics, and all Panda policies is important. There • Verbal Counseling
may be occasions when associates perform at an • Written Performance Notice
unsatisfactory level, violate a policy, or commit an • Disciplinary Suspension
inappropriate act. In these situations, Panda may - Periods of suspension are generally not paid and
decide, when it deems appropriate and at its sole can be from one (1) day to seven (7) days.
discretion, to provide the associate with a reasonable • Demotion
opportunity to improve his or her performance. - A job demotion will usually result in a reduction in
pay.
The purpose of corrective action is to give the
opportunity to an associate to correct, and improve JOB PERFORMANCE
upon an unsatisfactory job performance. Corrective An associate may be disciplined, up to and including
action and performance counseling does not in termination of employment, for unsatisfactory work
any way supersede Panda’s ‘at-will’ relationship performance, including but not limited to the following:
with associates. Therefore, the relationship may be
terminated at any time, with or without cause, and with • Unsatisfactory work quality or quantity;
or without notice. Panda makes no promise, expressed • Demonstrating an uncooperative behavior with
or implied that associates will necessarily be given other associates and guests (example: rudeness or
prior notice to having their employment terminated. lack of cooperation);
However, in certain cases, Panda may choose to • Excessive absenteeism, tardiness, or abuse of
exercise discretion in utilizing forms of corrective action required breaks;
that are less severe than termination of employment. • Failure to follow Panda instructions or procedures;
or
• Failure to follow established safety and security
regulations.

39
MISCONDUCT • Working unauthorized overtime.
Policy violation, inappropriate behavior or misconduct • Falsifying or making a material omission on
by an associate will be addressed and reviewed to personnel records including time sheets, sales
ensure appropriate corrective action is exercised by the records, or any other Panda records.
company. An associate may be disciplined up to and • Fighting or provoking a fight on Panda property.
including termination of employment for misconduct, • Any form of harassment, discrimination, or
including but not limited to the following examples: threatening behavior.
• Personal possession, distribution, sale or use of • Smoking in restricted areas or where “No Smoking”
alcohol, or any unlawful substance while working signs are posted.
or while on Panda premises, or reporting to work • Unauthorized use or disclosure of Panda
or operating a Panda vehicle under the influence of information.
alcohol or any unlawful substance. • Loitering, or sleeping on the job or leaving the job
• Evidence of or confession of, dishonesty or without authorization.
misconduct while conducting Panda business, or on • Using abusive, threatening or foul language with
Panda premises. any Panda associate or guest.
• Refusal to comply with the instructions of authorized • Interfering with the work activity of other associates.
managers/supervisors, including insubordination. • Violating laws or regulations, Panda policies,
• Excessive absenteeism, tardiness or abuse of procedures, or practices including safety practices.
required breaks. This includes pleading guilty to or being convicted
• Misrepresentation of an illness or injury in order to of any crime other than a minor traffic violation.
obtain benefits. • Gambling on Panda premises or while conducting
• Willful, careless damage, reckless or unauthorized Panda business.
use of property belonging to Panda, a co-worker, a • Engaging in or actively assisting any other business
guest, or a visitor. or activity which is competitive with or adverse to
• Obtaining employment on the basis of false or the best interests of Panda.
misleading information. • Violating conflict of interest rules.
• Bringing or possessing firearms, weapons, or any • Other serious offenses that, in the judgment of
other hazardous or dangerous devices onto Panda Panda’s management, cause a disruption in
property. business activity, or impair the actions of others.
• Jeopardizing the health or safety of guests or
associates through carelessness, recklessness, or
neglect.
• Sale of incomplete or partially cooked food; sale of
food not in compliance with Panda’s standards; or,
sale of food that is suspected to be contaminated or
spoiled.
• Theft or removal without proper authorization of
property belonging to Panda, co-workers, guests, or
anyone on Panda property.

40
IN CONCLUSION
We hope this Handbook serves as a guide to help
and support you in your career with Panda. We
recommend that if you have any questions regarding
this Handbook, please contact your supervisor or the
Human Resources Department.

New situations develop frequently and it is understood


that Panda reserves the right, in its sole and absolute
discretion, to modify, change, discontinue, supplement,
or delete all or any part of the practices, policies,
procedures, or benefits described in this Handbook as
it deems necessary, and at any time with or without
notice. Associates should be aware that variations
to Panda’s policies will apply when and to the extent
necessary to comply with any applicable laws.

All Panda documents and this Handbook are the


property of Panda Restaurant Group, Inc., and are
confidential; reproduction or duplication is strictly
prohibited. Distribution to, use of, or possession of this
Handbook or other Panda documents by unauthorized
persons outside of Panda Restaurant Group, Inc. is
strictly prohibited.

41
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Rosemead, CA 91770

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All Rights Reserved

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