"At-Will" Employment 

Your employment with Wicked Cantina is on an "at-will" basis. Your employment may be terminated at any time, with or without notice or cause. Likewise, we respect your right to leave Wicked Cantina at any time, with or without notice and with or without cause.

Nothing in this handbook or any other Company document should be understood as creating a contract, guaranteed or continued employment, a right to termination only "for cause," or any other guarantee of continued benefits or employment. Only the Vice President has the authority to make promises or negotiate about guaranteed or continued work, and any such agreements are only effective if placed in writing and signed by the Vice President.

If a written contract between you and the Company is inconsistent with this handbook, the written agreement is controlling. Nothing in this handbook will be interpreted, applied, or enforced to interfere with, restrain, or coerce employees in exercising their rights under Section 7 of the National Labor Relations Act.

Company Overview 

The first Wicked Cantina opened in 2014 on Anna Maria Island, when Mike and Janice Dolan relocated from Austin, Texas, and missed their favorite Tex-Mex dishes. Over the years, it has become a favorite island restaurant for locals and tourists alike. Live music, daily happy hour, and an affordable price point are the trademarks and the mission of our company. Our goal is to be the favorite family-friendly neighborhood hangout.

The Sarasota location opened in 2017 and is conveniently near downtown, the Van Wezel Performing Arts Center, and the Ringling Museum, offering the same amenities as the beach restaurant, plus vegan and gluten-free dishes and a wide range of tequilas. In St. Petersburg, we continue the traditions and trademarks of our business — fresh, in-house food made daily, live music, and happy hour — in a modern, colorful space.

Our menu features Austin’s best Tex-Mex, featuring favorites like tacos, burritos, and enchiladas, as well as modern classics like burgers and sandwiches, plus innovative dishes shes with a modern twist. We cater to all dietary preferences, with vegetarian, vegan, and gluten-free options available. At Wicked Cantina, our friendly and attentive staff ensures every guest leaves with a smile.

Ethics Code

 

Wicked Cantina will conduct business honestly and ethically wherever it operates. We strive to improve the quality of our services, products, and operations, and we will uphold a reputation for honesty, fairness, respect, responsibility, integrity, trust, and sound business judgment. Our managers and staff members are expected to adhere to high standards of business and personal integrity, representing our business practices at all times and consistently with their duty of loyalty to Wicked Cantina.

We expect that officers, leadership, Management,  and staff members will not knowingly misrepresent Wicked Cantina and will not speak on behalf of Wicked Cantina unless expressly authorized. The confidentiality of trade secrets, proprietary information, and similar confidential commercially-sensitive information — including financial or sales records, marketing or business strategies, product development, recipes, customer lists, patents, and trademarks — is to be treated with discretion and only disseminated on a need-to-know basis.

Violation of the Code of Ethics can result in discipline, up to and including termination of employment. The degree of discipline imposed may be influenced by the existence of voluntary disclosure of any ethical violation and by whether the violator cooperated in any subsequent investigation.

Mission Statement

We are on a mission to introduce the vibrant, spicy flavors of authentic Tex-Mex cuisine inspired by the city of Austin. We aim to cultivate an inclusive and welcoming atmosphere that honors the diverse culture of our community. Our commitment lies in delivering exceptional service and high-quality food that caters to the taste buds of our guests. As a collective, we are dedicated to upholding values of excellence, integrity, and lifelong learning in our profession. We appreciate and respect the unique contributions of each team member, creating a positive and encouraging workspace where everyone can flourish. Collectively, we aspire to transform our restaurant into more than just a dining spot — we envision it as a hub for unforgettable Wicked experiences.

Our Wicked Commitment to You

 

1. We will be the employer of choice in our market by demonstrating high integrity and competence, and by recognizing that nothing can be done without addressing the needs and concerns of the talented people who care for our guests.
2. We will demonstrate to our guests that we will do whatever it takes to exceed their expectations daily, one guest at a time.
3. We will demonstrate fiscal responsibility, allowing us to grow and create opportunities for everyone with whom we have a relationship.
4. We will actively listen to your needs and concerns to ensure that your voice is heard. Our goal is to understand any issues so that we may resolve them and move forward in a positive direction.
5. We will strive to create a positive, constructive workplace where all team members can thrive, ensuring an optimal atmosphere for our guests.

Revisions to Handbook

This handbook is our effort to keep you updated about your job’s terms and conditions, along with Wicked Cantina’s rules and processes. Please note that this handbook does not constitute a contract. Wicked Cantina retains the authority to modify, append, or remove content from this handbook as we deem beneficial, with the exception of the at-will employment policy. Whenever alterations are made to the policies and guidelines in this handbook, we will strive to notify you promptly, typically through a written addendum to the handbook or through announcements on company bulletin boards and digital platforms such as HotSchedules.

Accommodations for Pregnant Employees

Wicked Cantina will provide reasonable accommodation to pregnant staff members for known limitations related to pregnancy, childbirth, or other related medical conditions in accordance with the federal Pregnant Workers Fairness Act (PWFA). Examples of potential reasonable accommodations include seating, closer parking, flexible hours, appropriately sized uniforms and safety apparel, additional break time to use the bathroom, eat, and rest, leave or time off to recover from childbirth, and limitations on strenuous activities or those that involve exposure to compounds not safe for pregnancy.

Wicked Cantina will not require you to accept any accommodation without engaging in the interactive process to understand your limitations and explore potential accommodations accurately. If leave is provided as a reasonable accommodation, it may run concurrently with leave under the federal Family and Medical Leave Act and/or any other leave where permitted by law. Wicked Cantina will not retaliate against staff members who request or receive an accommodation under this policy.

 

Conflicts of Interest
Wicked Cantina is concerned with conflicts of interest that create actual or potential job-related concerns, especially in the areas of confidentiality, customer relations, safety, security, and morale. If there is any actual or potential conflict of interest between you and a competitor, supplier, distributor, or contractor to Wicked Cantina, you must disclose it to your General Manager. If an actual or potential conflict of interest is determined to exist, Wicked Cantina will take such steps as it deems necessary to reduce or eliminate this conflict.

Employee Meals

All hourly employees working will receive a $10.00 credit toward one meal per shift. The meal must be consumed on premises, either 30 minutes before the shift, after the shift, or on a scheduled break. Any amount above the $10.00 credit is the employee’s responsibility and must be paid at the time of purchase. Fountain drinks, coffee, and iced tea will be supplied free of charge; milk and juice are not covered under this policy. All management employees working and in uniform will receive a 100% discount on one meal per shift, consumed on the premises either 30 minutes before the shift, after the shift, or on a scheduled break. Neither the hourly credit nor the management discount applies to take-out orders — all take-out items must be paid at full price

• Employee meals must be consumed in the designated dining area.
• All take-out food will be charged a packing fee.
• Waste food and leftovers must be thrown out.
• All employees are required to have the bartender ring in food, and the manager discounts it.
• Coupons and courtesy cards are not redeemable as part of an employee meal
• Only products sold to customers will be available to employees
• Hourly employees must clock out for meal breaks.
• Toast POS checks must list the employee who received a discount.

 

Disability Accommodation

Wicked Cantina complies with the Americans with Disabilities Act (ADA), the Pregnancy Discrimination Act, and all applicable state and local fair employment practices laws. It is committed to providing equal employment opportunities to qualified individuals with disabilities. Consistent with this commitment, Wicked Cantina will provide reasonable accommodation to otherwise qualified individuals where appropriate to allow the individual to perform the essential functions of the job, unless doing so would create an undue hardship on the business.

If you require an accommodation because of your disability, it is your responsibility to notify your General Manager. You may be asked to provide the reason you need accommodation, a description of the proposed accommodation, and how the accommodation will help you perform the essential functions of your job. After receiving your request, Wicked Cantina will engage in an interactive dialogue with you to determine the precise limitations of your disability and explore potential reasonable accommodations. Wicked Cantina will not discriminate or retaliate against staff members for requesting an accommodation.

Employment Authorization Verification

New hires will be required to complete Section 1 of federal Form I-9 on the first day of paid employment and must present acceptable documents providing identity and employment authorization no later than the third business day following the start of employment with Wicked Cantina. If you are authorized to work in this country for a limited period of time, you will be required to submit proof of renewed employment eligibility prior to the expiration of that period to remain employed by Wicked Cantina.

Employment of Relatives and Friends

Wicked Cantina will not employ friends or relatives of management in circumstances where actual or potential conflicts may arise that could compromise supervision, safety, confidentiality, security, or morale at Wicked Cantina. It is your obligation to inform Wicked Cantina of any such potential conflict so the company can determine how best to respond to the particular situation.

Job Descriptions

Wicked Cantina attempts to maintain a job description for each position. If you do not have a current copy of your job description, you should request one from Human Resources. Job descriptions prepared by Wicked Cantina serve only as an outline. Due to business needs, you may be required to perform job duties that are not within your written job description. Furthermore, Wicked Cantina may have to revise, add to, or delete from your job duties per business needs, with or without advance notice to team members.

New Hires and Introductory Period

The initial 90 days of your employment at Wicked Cantina constitute the introductory period. This time serves a dual purpose: it allows you to fully acclimate to our team, our standards, and the specific demands of your role, and it allows us to observe and document your performance across a representative range of working conditions — including varied shift types, service volumes, and operational situations.

During the introductory period, your General Manager will monitor your performance, attendance, and overall fit with the Wicked Cantina team. If adjustments are needed to your training, responsibilities, or scheduling during this time, your manager will communicate those changes to you directly. You are encouraged to ask questions, seek feedback, and raise any concerns with your manager throughout this period.

Important:  Successful completion of the 90-day introductory period is a positive milestone, but it does not guarantee continued employment or job security. Employment at Wicked Cantina remains at-will at all times — before, during, and after the introductory period.

Team members who are promoted into a new position will also complete a 90-day introductory period in their new role. Unlike new external hires, however, promoted employees will continue to receive all Company benefits for which they are currently eligible throughout the introductory period.

Posting of Openings

Wicked Cantina seeks to promote qualified team members from within where possible, consistent with the need to ensure that highly competent individuals staff all positions. New job openings will generally be posted on Indeed and other sites. You may be eligible for a referral bonus when you refer new staff members. Referral bonuses are subject to approval by the Corporate Office.

 

Closing Statement

Thank you for reading our handbook. We hope it has provided you with an understanding of our mission, history, and structure as well as our current policies and guidelines. We look forward to working with you to create a successful Company and a safe, productive, and pleasant workplace.

Jake Baker

Vice President, Wicked Cantina

 

Religious Accommodation

Wicked Cantina recognizes the diversity of religious beliefs and is committed to providing equal employment opportunities to all team members, regardless of their religious beliefs, practices, or lack thereof. Wicked Cantina complies with Title VII of the Civil Rights Act of 1964 and all applicable state and local laws that prohibit employment discrimination based on religion. Wicked Cantina will reasonably accommodate the sincerely held religious beliefs of team members if the accommodations would resolve a conflict between the individual’s religious belief or practice and a work requirement, unless doing so would create an undue hardship. Wicked Cantina will not discriminate or retaliate against staff members who, in good faith, request religious accommodation under this policy.

Training Program

In most cases, and for most departments, training team members is done individually by management or certified trainers. Even if you have had previous experience in the specified functions of your job duties, you must learn our specific procedures, as well as the responsibilities of the specific position. If you require additional training, consult your General Manager.

Attendance

Wicked Cantina requires regular and punctual attendance by team members. You are expected to arrive at the workplace on time and ready to perform your job. Failure to comply with this policy may result in disciplinary action, up to and including termination. Should you anticipate being late for work or coming back from a break, it is mandatory to inform your Manager on Duty at the earliest opportunity by contacting the restaurant directly.

In the event of an unforeseen situation or emergency that necessitates your absence from work, it is mandatory to notify your Manager on Duty as soon as possible, but at least four hours before your shift begins. Your notification should include how long you expect to be absent and when you plan to return. Depending on the circumstances, you might be asked to provide supporting documentation for your absence.

Absences will be considered excused if you requested the time off in accordance with Wicked Cantina policies and received the required approval. Absences will be considered unexcused if you are absent from work during scheduled work hours without permission and do not receive retroactive approval. Planned absences, such as vacations or medical appointments, should be arranged as far in advance as possible.

Wicked Cantina reserves the right to apply unused vacation, sick time, or other paid time off to unauthorized absences when permitted by applicable law. If you fail to report to work for two or more consecutive days and have not provided proper notification, Wicked Cantina will assume that you have voluntarily resigned your position and will proceed with the termination process. This policy applies to all absences, including full or partial day absences, late arrivals, and early departures.

Direct Deposit

Wicked Cantina encourages all team members to enroll in direct deposit. If you would like to take advantage of direct deposit, ask Human Resources for an application form, or update your information directly in Toast Payroll. Typically, the bank will begin direct deposit of your payroll within 30 calendar days after you submit your completed application. An explanation of your deductions can be obtained by accessing your Toast Payroll account.

Employment Classifications

Wicked Cantina designates all employees as either exempt or nonexempt in compliance with applicable federal, state, and local law. Exempt employees are generally paid a fixed salary and are not entitled to overtime pay. Nonexempt employees are entitled to minimum wage and overtime pay.

Wicked Cantina also assigns each employee to one of the following categories. Regular full-time employees are normally scheduled to work at least 30 hours per workweek, except for approved time off, and are eligible for Wicked Cantina benefits including health insurance after the 90-day waiting period and paid time off after one year of employment averaging 35 hours per week. Regular part-time employees are normally scheduled to work 29 hours or less per workweek and are not eligible for most benefits. You will be informed of your classification, status, and responsibilities at the time of hire. These classifications do not alter your at-will employment status.

Introduction to Wage and Hour Policies

Your compensation at Wicked Cantina is determined by various elements, such as pay scale assessments, personal contribution, company profits, and economic conditions. For any inquiries about your pay, including topics like vacation pay, overtime, benefits, or deductions from your paycheck, please consult with your General Manager or the Human Resources department. Wicked Cantina will not retaliate against employees who report erroneous deductions in accordance with this policy.

Paycheck Deductions

Wicked Cantina is required by law to make certain deductions from your pay each pay period, including deductions for federal income tax, Social Security and Medicare (FICA) taxes, and any other deductions required under law or by court order for wage garnishments. The amount of your tax deductions will depend on your earnings and the information you list on your federal Form W-4 and applicable state withholding form. 

Wicked Cantina will not make deductions to your pay that are prohibited by federal, state, or local law. Review your paycheck for errors each pay period and immediately report any discrepancies to Human Resources. You will be reimbursed in full for any isolated, inadvertent, or improper deductions, as defined by law. If an error is found, you will receive an immediate adjustment, which will be paid no later than your next regular payday.

Recording Time

Wicked Cantina is required by applicable federal, state, and local laws to keep accurate records of hours worked by certain staff members. To ensure that the company has complete and accurate time records and that staff members are paid for all hours worked, nonexempt staff members are required to record all working time using the Company Toast Point of Sale system. Exempt staff members may also be required to track days or time worked. Speak with your General Manager for specific instructions.

You must accurately record all of your time immediately before starting your shift, immediately after finishing work before your meal period, immediately before resuming work after your meal period, immediately after finishing work, and immediately before and after any other time away from work. You should clock in no more than five minutes before the time you actually start working and clock out no later than five minutes after you actually stop working. Timesheets are turned in to Human Resources on Thursdays, no later than 9:00 AM.

Falsifying time entries is strictly prohibited, including working off the clock. If you falsify your own time records or the time records of co-workers, you will be subject to disciplinary action up to and including termination. Immediately report to the Vice President any employee, supervisor, or manager who falsifies your time entries or encourages you to work off the clock.

Posting of Work Schedules

All work schedules will be posted on HotSchedules every Monday for the following week. If you are uncertain of your work schedule for the following week by Tuesday afternoon, contact your manager. Schedules are prepared to meet the work demands of the restaurant and management reserves the right to adjust working hours and shifts as business demands change. Schedule changes are only permitted if you find a replacement and receive manager approval through the online scheduling platform.

Workday and Workweek

Wicked Cantina’s workweek runs from Thursday to Wednesday. The workday begins at 5:00 AM and ends at 12:00 AM. Employees may be required to come in early, work late, or work overtime from time to time depending on workloads, staffing needs, and special projects. The restaurant requires high staffing on or around holidays, sporting events, and other special occasions.

Travel Expenses

Travel expenses are the reasonable and necessary expenses incurred by staff members when traveling on approved Wicked Cantina business. Travel is limited to business activities for which other means of communication are inadequate and prior approval from your General Manager has been received. Wicked Cantina does not generally provide cash travel advances. You will normally be expected to use personal credit cards and submit approved expenses on the standard Expense Report Form.

When using your own vehicle for business purposes, you must maintain insurance coverage as required by law and may not have more than two points on your driving record. Travel between your home and primary office is not considered business travel. Report approved expenses with a description of the expense, its business purpose, date, place, and participants.

Performance, Discipline, Layoff, and Termination Criminal Activity and Arrests

Wicked Cantina will report all criminal activity in accordance with applicable law. Involvement in criminal activity while employed by Wicked Cantina, whether on or off company property, may result in disciplinary action including suspension or termination of employment. Inability to report to work as scheduled due to an arrest or criminal proceeding may lead to disciplinary action, up to and including termination, for violation of attendance policy or job abandonment.

Disciplinary Process

Violation of Wicked Cantina’s policies or procedures may result in disciplinary action, including demotion, transfer, leave without pay, or termination of employment. Wicked Cantina encourages a system of progressive discipline depending on the type of prohibited conduct. However, Wicked Cantina is not required to engage in progressive discipline and may discipline or terminate staff members who violate the standards of conduct, or where the quality or value of their work fails to meet expectations at any time.

In appropriate circumstances, management will first provide you with a verbal warning, then with one or more written warnings, and if the conduct is not sufficiently altered, eventual demotion, transfer, forced leave, or termination of employment. Your General Manager will make every effort to allow you to respond to any disciplinary action taken. Understand that while Wicked Cantina is concerned with consistent enforcement of our policies, we are not obligated to follow any disciplinary or grievance procedure and, depending on the circumstances, you may be disciplined or terminated without any prior warning.

Open Door and Conflict Resolution Process

Wicked Cantina strives to provide a comfortable, productive, legal, and ethical work environment. To this end, we want you to bring any problems, concerns, or grievances about the workplace to the attention of your General Manager and, if necessary, you can anonymously report any issues to our employee hotline at (941) 479-9798, Option 9, or to the Corporate Office.

Most problems can be resolved informally through dialogue between you and your immediate manager. If you have already brought a matter to the attention of your General Manager and do not believe you have received a sufficient response, or if you believe that person is the source of the problem, present your concerns to the Corporate Office. Describe the problem, those persons involved, efforts you have made to resolve it, and any suggested solution you may have.

Outside Employment

 

Outside employment that creates a conflict of interest or that affects the quality or value of your work performance or availability at Wicked Cantina is prohibited. Wicked Cantina recognizes that you may seek additional employment during off hours, but in all cases expects that any outside employment will not affect your attendance, job performance, productivity, work hours, or scheduling. Any outside employment that will conflict with your duties and obligations to the Company should be reported to your General Manager. Failure to adhere to this policy may result in discipline up to and including termination.

Pay Raises

Depending on financial health and other company factors, efforts will be made to give pay raises consistent with Wicked Cantina profitability, job performance, and the consumer price index. Wicked Cantina may also make individual pay raises based on merit or due to a change of job position.

Performance Improvement

Wicked Cantina will make efforts to periodically review your work performance. The performance improvement process will take place as business needs dictate. You may specifically request that your General Manager assist you in developing a performance improvement plan at any time. The performance improvement process is a means for increasing the quality and value of your work performance. Your initiative, effort, attitude, job knowledge, and other factors will be addressed. A positive job performance review does not guarantee a pay raise or continued employment. Pay raises and promotions are based on numerous factors, only one of which is job performance.

 Post-Employment References

Wicked Cantina’s policy is to confirm dates of employment and job title only. With written authorization, Wicked Cantina will confirm compensation. Forward any requests for employment verification to the Corporate Office.

Promotions and Transfers

It is our policy to promote from within only when the most qualified candidate is available. Promotions are made on an equal opportunity basis according to staff members possessing the needed skills, education, experience, and other qualifications required for the job. All staff members promoted into new job positions will undergo a 90-day introductory period in their new role, as described in the Hiring and Orientation Policies section, but will continue to receive Company benefits for which they are eligible throughout that period.

Wicked Cantina may transfer your employment from one position to another with or without notice, as required by production or service needs, or upon request by you and with management approval. Transfers in excess of 90 days may be considered final and your paycheck may be increased or decreased consistent with the pay scale for your new position.

Resignation Policy

Wicked Cantina hopes that your employment with the company will be a mutually rewarding experience. The company acknowledges that varying circumstances can cause you to resign from employment, and Wicked Cantina intends to handle any resignation in a professional manner with minimal disruption to the workplace.

Notice — Wicked Cantina requests that you provide a minimum of two weeks’ notice of your resignation. If you are a manager, you are requested to provide a minimum of four weeks’ notice. Provide a written resignation letter to your General Manager. If you provide less notice than requested, Wicked Cantina may deem you to be ineligible for rehire, depending on the circumstances of the notice given. Wicked Cantina reserves the right to provide you with pay in lieu of notice in situations where job or business needs warrant.

Final Pay — Wicked Cantina will pay separated staff members in accordance with applicable laws and other sections of this handbook. Upon separation, notify Wicked Cantina if your address changes during the calendar year in which resignation occurs to ensure tax information is sent to the correct address.

Return of Property — Return of all Company property at the time of separation is expected, including uniforms, keys, and laptops. Failure to return items may result in deductions from your final paycheck where state law allows. In some circumstances, the Company may pursue criminal charges for failure to return Company property.

PTO Payout:  If you resign and provide the full required notice period, any unused PTO accrued in your current anniversary year will be paid out in your final paycheck. See the Benefits section for full details.

 

Standards of Conduct

Wicked Cantina wishes to create a work environment that promotes job satisfaction, respect, responsibility, integrity, and value for all our staff members, clients, customers, and other stakeholders. While it is impossible to list everything that could be considered misconduct in the workplace, the following are common-sense infractions that could result in discipline, up to and including immediate termination of employment.

Examples of inappropriate conduct include: violation of handbook policies and procedures; possessing, using, distributing, or selling illegal drugs or controlled substances; being under the influence of alcohol or drugs during working hours on Company property; inaccurate reporting of hours worked by yourself or any other staff member; providing knowingly inaccurate or misleading information on behalf of the Company or in any employment-related documents; taking or destroying Company property; possessing hazardous property such as firearms or weapons without prior authorization; fighting with or harassing any fellow employee, vendor, or customer; disclosing Company trade secrets or proprietary information; refusing or failing to follow directions or perform requested job tasks; refusing or failing to follow safety rules; excessive tardiness or absences; smoking or vaping in non-designated areas; working unauthorized overtime; solicitation of fellow employees on Company premises during working hours; failure to dress according to Company policy; use of obscene or harassing language in the workplace; engaging in outside employment that interferes with your ability to perform your job; gambling on Company premises; or lending keys, keycards, or Company property to unauthorized persons.

Note:  Nothing in this policy is intended to limit your rights under the National Labor Relations Act, or to modify the at-will employment status where at-will is not prohibited by state law.

General Policies
Bulletin Boards
Wicked Cantina maintains an official bulletin board located at each location and utilizes HotSchedules for providing staff members with official Company notices, including wage and hour laws, changes in policies, and other employment-related notices. You are responsible for being informed about this material by periodically reviewing the bulletin board. Only authorized personnel may add and remove notices from the bulletin board.

Computer Security and Software

Software programs purchased and provided by Wicked Cantina are to be used only for creating, researching, and processing materials for Company use. You may not illegally duplicate any licensed software or related documentation. Unauthorized duplication of software may subject you and/or the Company to both civil and criminal penalties under the United States Copyright Act. All software acquired for or on behalf of Wicked Cantina is and will be deemed Company property. You may not duplicate, copy, or give software to any outsiders including clients, contractors, or customers.

Employer-Sponsored Social Events

Wicked Cantina holds periodic social events for staff members. Attendance at these events is voluntary and not part of your work-related duties. Any exceptions to this policy must be in writing and signed by a Manager before the event. If employees are invited to a company event that may involve the consumption of alcohol, employees must drink responsibly, be aware of their alcohol tolerance, and be responsible for their behavior throughout the event consistent with the Company’s code of conduct. Violations during a company event will be subject to disciplinary action and potential termination.

Non-Solicitation and Nondistribution Policy

During your assigned working hours, soliciting other staff members is prohibited. You are permitted to engage in solicitation during authorized non-working times, such as breaks, provided that the recipients of the solicitation are also on non-working time. Distribution of non-work-related literature or items within working areas is prohibited at all times. Electronic distribution of materials during work hours is also not permitted. Nonemployees are not permitted to distribute materials on Company premises under any circumstances. This policy is not meant to curtail the statutory rights of employees, including their right to discuss terms and conditions of employment.

Off-Duty Use of Employer Property or Premises

You may not use Wicked Cantina property for personal use during working time. You are responsible for returning Company property in good condition and repairing or replacing any property damaged as the result of personal use or negligence. You are prohibited from using Company facilities during off-duty or non-working hours without the written consent of your General Manager.

Payroll Advances and Loans

Wicked Cantina discourages employee requests for payroll advances or loans. If you need an advance or loan against your paycheck for emergency reasons, consult with the Corporate Office. Before Wicked Cantina agrees to advance wages or loan money, you will be required to fill out a promissory note acknowledging the advance and setting forth the terms for repayment. Payroll advances or loans will be given to employees who have been employed for a minimum of one year and are subject to approval on a case-by-case basis.

 

Personal Appearance

Your appearance reflects on the reputation, integrity, and public image of Wicked Cantina. All team members are required to report to work neatly groomed and dressed. Depending on the job, this may include wearing uniforms or protective safety clothing and equipment. Fragrant products should be used in moderation out of concern for others with sensitivities or allergies. Failure to comply with personal appearance standards may result in being sent home to change. Frequent violations may result in disciplinary action, including termination.

FRONT OF HOUSE (FOH)

Shirt: Approved Wicked Cantina logo T-shirt. No other shirt may be worn over the T-shirt. If a white or black T-shirt is worn underneath, it must be a V-neck undershirt and not be visible. Shirts must be clean and wrinkle-free. Shorts/Pants: Khaki-colored pants or capris for women; no jeans or other colors. Must be cleaned, pressed, and fit properly. Shorts must be hand-length. Shoes: Clean, black slip-resistant shoe with a black sole. Socks: Black socks must be worn at all times.

BACK OF HOUSE (BOH)

Shirt: Plain black T-shirt or approved Wicked Cantina logo T-shirt. Pants/Shorts: Black or khaki. Shoes: Clean, black slip-resistant shoe with a black sole. Socks: Black socks must be worn. Jewelry: No more than one ring per hand; a wedding set qualifies as one. One necklace is acceptable. Women’s earrings may not extend more than one inch below the ear. A nose ring is permitted; no other facial piercings. Hair (Women): Must be neat, washed, and groomed; if longer than collar length, tied back. No unnatural hair colors or extreme styles. Hair (Men): Must be clean and combed; bottom half of ear must be visible. No unnatural colors; all facial hair must be neat and trimmed. Hat: A Wicked Cantina issued hat worn with bill facing forward in the kitchen. No hats are permitted in the FOH.

Slip-Resistant Shoes:  All team members must wear footwear designed and labeled as slip-resistant on water, grease, and other floor contaminants common in restaurant environments. No boots, high heels, sandals, slings, or jellies are acceptable.

Personal Cell Phone and Mobile Device Use

While Wicked Cantina permits team members to bring personal cell phones and mobile devices into the workplace, you must not allow their use to interfere with your job duties or impact workplace safety. You should primarily use personal devices during non-working time such as breaks and meal periods. Outside of non-working time, use should be minimal and limited to emergency use only. While operating a vehicle on work time, your personal cell phone must be turned off or used only with compliant hands-free equipment. You may not connect your personal device to the Company network or to Company equipment.

Personal Data Changes

It is your obligation to provide Wicked Cantina with your current contact information, including current mailing address, telephone number, and tax withholding status. Failure to do so may result in loss of benefits or delayed receipt of W-2 and other mailings. To make changes, log into your Toast Payroll account and update any changes, then notify Human Resources via HotSchedules.

Security

All team members are responsible for helping to make Wicked Cantina a secure work environment. Upon leaving work, lock all desks, lockers, and doors protecting valuable or sensitive material in your work area and report any lost or stolen keys, passes, or similar devices to your General Manager immediately. Refrain from discussing specifics regarding Wicked Cantina security systems, alarms, and passwords with those outside of the Company. Immediately advise your General Manager of any known or potential security risks or suspicious conduct of team members, customers, or guests.

 Social Media Policy

Wicked Cantina acknowledges that social media has become an integral part of modern life and provides unique opportunities to communicate and share information with others. We also want to ensure that team members understand how their social media activity — and the tools they use to create it — can affect the company, their colleagues, and themselves. This policy applies to all team members and covers both personal and work-related social media activity.

For purposes of this policy, social media refers to any means of posting content on the internet, including personal websites, social networking sites, blogs, chat rooms, and other online platforms, whether affiliated with Wicked Cantina or not. This includes content created with the assistance of artificial intelligence tools such as ChatGPT, image generators, or similar platforms, when that content is posted publicly or in connection with the Company.

While Wicked Cantina respects your right to personal expression, you should assume that anything you post on social media — whether on a business or personal account — could be viewed by a colleague, supervisor, partner, supplier, competitor, investor, customer, or potential customer. Any social media activity, even from your personal account, reflects on the Company as well as on yourself.

GUIDELINES FOR POSTING

•        Protect trade secrets, intellectual property, and confidential information related to the Company.

•        Do not make statements that are maliciously false, defamatory, or that constitute unlawful harassment or discrimination.

•        Do not make express or implied threats of violence.

•        Avoid linking personal accounts to the Company as an official source.

•        Respect copyright, trademark, and third-party rights.

•        Do not use the Company’s email addresses to register on social media platforms for personal use.

•        If you identify yourself as a Wicked Cantina employee and are posting about the Company, make clear that your views are your own and that you are not speaking on behalf of the Company.

AI-GENERATED CONTENT

AI writing and image tools are now widely available and easy to use. This section clarifies that the same rules that apply to content you write yourself also apply to content an AI tool writes for you. Do not use AI tools to generate posts, reviews, comments, or images presented as your own authentic personal experience of Wicked Cantina. Do not use AI tools to generate content that could be mistaken for an official Wicked Cantina communication without prior written management approval. Do not use AI tools to create content that contains false or unverified information about the Company, as AI tools can produce confident-sounding but inaccurate statements. All existing rules in this policy regarding trade secrets, confidential information, harassment, defamation, and media contacts apply equally to AI-assisted content.

When in doubt:  If you are considering using an AI tool to create any content related to Wicked Cantina, speak with your General Manager before posting.

Using Social Media at Work — Do not use social media during your working hours unless it is work-related and authorized by your Manager.

Media Contacts — Direct all media inquiries for official Company responses to Jake Baker, Vice President. If you are not authorized to speak on behalf of the Company, do not speak to the media on its behalf.

Violations — Violations of this policy may result in discipline up to and including termination of employment.

Use of Company Technology

Wicked Cantina IT resources and communications systems are to be used for business purposes only unless otherwise permitted under applicable law. All content maintained in Company IT resources and communications systems is the property of the Company. Staff members should have no expectation of privacy in any message, file, data, document, or communication transmitted, received, or stored on Company systems. Wicked Cantina reserves the right to monitor, intercept, and review all data transmitted over Company systems in accordance with applicable law. Violations of this policy may result in corrective action up to and including termination.

Workplace Privacy and Right to Inspect

Wicked Cantina property, including lockers, phones, computers, tablets, desks, workplace areas, vehicles, and machinery, remains under the control of the Company and is subject to inspection at any time, without notice to team members and without their presence. You should have no expectation of privacy in any of these areas. Wicked Cantina assumes no responsibility for the loss of, or damage to, your personal property maintained on Company premises.

Access to Personnel and Medical Records Files

Wicked Cantina maintains separate medical records files and personnel files for all staff members. Files containing medical records are stored separately from any business-related records in a secure, locked location. Medical records are kept confidential in compliance with applicable laws and access is on a need-to-know basis only. If you wish to review your personnel or medical records file, give the Company reasonable notice. Inspection must occur in the presence of a Company representative. All requests by an outside party for information contained in your personnel file will be directed to the Corporate Office.

Confidentiality and Nondisclosure of Trade Secrets

As a condition of employment, Wicked Cantina team members are required to protect the confidentiality of Wicked Cantina trade secrets, proprietary information, and confidential commercially-sensitive information, including financial or sales records, marketing or business strategies, product development, customer lists, patents, trademarks, and recipes. Access to this information should be limited to a need-to-know basis and should not be used for personal benefit, disclosed, or released without prior authorization from management. Violation of this policy may result in disciplinary action up to and including termination, and may subject the violator to civil liability.

Benefits

Health Insurance
Wicked Cantina offers group health insurance benefits to all regular full-time employees — those normally scheduled to work 30 or more hours per workweek — after a 90-day waiting period. This waiting period is aligned with the completion of your introductory period, so that your benefits eligibility begins at the same milestone that marks your successful onboarding to the Wicked Cantina team.

Health insurance benefits are described in detail in the Summary Plan Description (SPD), which may be obtained from ease.com after the 90-day waiting period. Wicked Cantina pays for 50% of health benefits. You pay the remainder of the costs through deductions from your paycheck or weekly invoicing for servers. Benefits may be canceled or changed at the discretion of Wicked Cantina, unless otherwise prohibited by law.

If you or a dependent become ineligible for benefits due to a change in work hours, a life event, or separation from employment, you may have the right to continue your health benefits under federal or state law. In such an event, the Company will provide you with information about your rights to continue coverage.

MAINTAINING COVERAGE DURING LEAVE

Your health insurance coverage will be maintained by the Company during an approved leave of absence on the same basis as if you were still working. You must continue to make timely payments of your share of the premiums. Failure to pay premiums within 30 days of when they are due may result in a lapse of coverage, with 15 days’ notice before termination of coverage. Upon returning to work at the end of leave, you will generally be placed in your original job or an equivalent job with equivalent pay and benefits.

SPOUSE AGGREGATION

If both you and your spouse work at Wicked Cantina, you are collectively eligible for 12 weeks of leave for the birth or placement of a child or to care for a parent with a serious health condition. Spouses employed by the Company will be limited to a combined total of 26 weeks of leave to care for a military service member.

 

Dental Insurance

All regular full-time staff members who have completed the 90-day waiting period at Wicked Cantina are eligible for the Company dental plan. Dental plan benefits will be emailed to you from noreply@ease.com. If you have any questions regarding Humana Dental insurance, contact the Corporate Office.

Vision Care Insurance

All eligible full-time team members who have completed the 90-day waiting period at Wicked Cantina are eligible for the Company vision care plan. Vision care plan benefits are described in detail in the Summary Plan Description (SPD).

COBRA

The Consolidated Omnibus Budget Reconciliation Act (COBRA) provides the opportunity for eligible Wicked Cantina team members and their beneficiaries to continue health insurance coverage under the Company health plan when a qualifying event could result in the loss of eligibility. Qualifying events include resignation, termination of employment, death of an employee, reduction in hours, a leave of absence, divorce or legal separation, entitlement to Medicare, or where a dependent child no longer meets eligibility requirements. Contact the Corporate Office to learn more about your COBRA rights.

Bereavement Leave

Full-time employees who have completed twelve months of service are eligible for five days of paid bereavement leave for the death of an immediate family member. Part-time employees who have completed twelve months of service are eligible for bereavement leave in proportion to the number of hours they are regularly scheduled to work. For purposes of this policy, an immediate family member includes the employee’s child (including foster child and stepchild), spouse, sister, brother, parents (including foster parents and stepparents), grandparents, or legally appointed guardian, as well as those same relations of the employee’s spouse.

You may use accrued but unused paid time off if additional time is needed. Additional unpaid time off may be granted at the discretion of the Company on a case-by-case basis. You must provide notice of your need for bereavement leave as far in advance as possible.

Family and Medical Leave (FMLA)

In accordance with the Family and Medical Leave Act of 1993 (FMLA), Wicked Cantina provides up to 12 or 26 weeks of unpaid, job-protected leave in a 12-month period to covered employees in certain circumstances. To qualify for FMLA leave, you must have worked for the Company for at least 12 months, have worked at least 1,250 hours in the last 12 months, and be employed at a worksite that has 50 or more employees within 75 miles.

You may take up to 12 weeks of unpaid FMLA leave in a 12-month period for the birth of a child and to care for that child, the adoption or foster care placement of a child, to care for a spouse, child, or parent with a serious health condition, to care for your own serious health condition that makes you unable to perform the essential functions of your position, or a qualifying exigency of a covered military member. You may take up to 26 weeks of unpaid FMLA leave in a single 12-month period to care for a covered service member with a serious injury or illness related to active-duty service.

FMLA leave is unpaid; however, you will be required to use available paid leave during FMLA leave as permitted by law. If you are receiving short or long-term disability or workers’ compensation benefits during a personal medical leave, you will not be required to utilize accrued paid leave. If the need for leave is foreseeable, you must give at least 30 days’ notice. If 30 days’ notice is not possible, give notice as soon as practical. Wicked Cantina will not retaliate against staff members who request or take leave in accordance with this policy.

Paid Time Off (PTO)
Wicked Cantina provides team members with paid time off (PTO) that may be used for vacation, sick time, or other personal matters.

 

ELIGIBILITY

All team members are eligible to receive PTO if they work an average of 35 hours per week, beginning after one year of employment. PTO is calculated according to your work anniversary date.

ANNUAL ACCRUAL

PTO is granted as a lump sum on your employment anniversary date, provided you meet the 35-hour weekly average requirement. Employees in years one through three receive one week of PTO based on average hours worked. After three years of employment, employees receive two weeks of PTO based on average hours worked.

USING YOUR PTO

Request PTO from your General Manager at least two weeks in advance. Wicked Cantina will generally grant requests for PTO when possible. When multiple staff members request the same time off, length of employment and seniority may determine priority. After a PTO request has been approved by the General Manager, the request must receive final approval from the Corporate Office.

CARRYOVER

PTO does not carry over from one anniversary year to the next. Unused PTO will not be available after your anniversary date passes. Team members who face extenuating circumstances preventing them from using their PTO are encouraged to speak with their General Manager to explore scheduling options before their anniversary date.

SEPARATION OF EMPLOYMENT

If you voluntarily resign and provide the full notice period required under the Resignation Policy — two weeks for hourly team members, four weeks for managers — any unused PTO accrued in your current anniversary year will be paid out in your final paycheck. If you resign without providing the required notice period, unused PTO will be forfeited. In cases of involuntary termination, PTO payout will be evaluated on a case-by-case basis at the discretion of the Corporate Office and in accordance with applicable law. Failure to report to work for two or more consecutive days without notification constitutes voluntary resignation without notice and unused PTO is forfeited.

 

Holidays

Wicked Cantina offers salaried managers the following paid holidays each year: Thanksgiving and Christmas Day. When a holiday falls on a Saturday, it will be observed the preceding Friday. Holidays falling on a Sunday will be observed the following Monday.

Military Leave (USERRA)

Wicked Cantina complies with applicable federal and state law regarding military leave and re-employment rights. A military leave of absence will be granted to members of the uniformed services in accordance with the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) and all applicable state law. You must submit documentation of the need for leave to the Corporate Office. When returning from military leave of absence, you will be reinstated to your previous position or a similar position in accordance with state and federal law.

Personal Leave of Absence

Team members employed for at least 365 days are eligible to apply for an unpaid personal leave of absence. Requests must be submitted to Human Resources and the Vice President in writing at least 21 days in advance where practical. Job performance, absenteeism, and departmental requirements will be taken into consideration before a request is approved. Requests for unpaid personal leave may be denied or granted for any reason at the sole discretion of the Company.

If you are granted a personal leave of absence, reinstatement to your position or any position is not guaranteed. Your Company-provided benefits will be continued at the same level for up to four weeks. You are responsible for payment of your portion of the insurance premium while on personal leave. If personal leave exceeds four weeks, the Company will provide you with information about your COBRA rights.

Workers’ Compensation Insurance

Workers’ compensation is a no-fault system designed to provide benefits to all staff members for work-related injuries. If you are injured on the job while working at Wicked Cantina, no matter how slight, you are to report the incident immediately to your Manager. Failure to report an injury within a reasonable period of time could jeopardize your claim for benefits. You will be required to submit a medical release before you can return to work.

Unemployment Compensation Insurance

Unemployment compensation insurance is paid for by Wicked Cantina and provides temporary income for staff members who have lost their job under certain circumstances. Your eligibility for unemployment compensation will, in part, be determined by the reasons for your separation from the Company.

Civil Air Patrol Leave

Wicked Cantina will provide eligible staff members with at least 15 days of unpaid Civil Air Patrol leave per year to participate in a Civil Air Patrol training or mission. To be eligible, you must be employed by the Company for at least 90 days and be a senior member of the Florida Wing of the Civil Air Patrol with at least an emergency services qualification. Upon completion of leave, you must promptly notify the Company of your intent to return to work.

Domestic and Sexual Violence Leave

Wicked Cantina will provide staff members who are victims of domestic or sexual violence, or whose family or household member is a victim, with up to three days of unpaid leave in any 12-month period. To be eligible, you must have worked for the Company for at least three months. Leave may be taken to seek injunctions for protection, obtain medical care or mental health counseling, obtain services from a victim services organization, make your home secure or seek new housing, or seek legal assistance or attend court proceedings related to domestic violence. Information about your request for leave will be kept confidential. Wicked Cantina will not retaliate against team members who request or take leave in accordance with this policy.

Jury Duty and Voting Leave

Wicked Cantina encourages team members to fulfill their civic duties related to jury duty. If you are summoned for jury duty, notify your General Manager as soon as possible to make scheduling arrangements. Exempt employees will not incur any deduction in pay for a partial week’s absence due to jury duty. Nonexempt employees will not be compensated for time spent on jury duty but may opt to use PTO in place of unpaid leave. If your work schedule prevents you from voting on Election Day, Wicked Cantina will allow you a reasonable time off to vote at the discretion of your General Manager.

Safety and Loss Prevention

General Safety
It is the responsibility of all Wicked Cantina staff members to maintain a healthy and safe work environment, report any health or safety hazards, and follow the Wicked Cantina health and safety rules. Failure to do so may result in disciplinary action, up to and including termination of employment. Wicked Cantina also requires that all occupational illnesses or injuries be reported to your General Manager as soon as reasonably possible and that an occupational illness or injury form be completed on each reported incident.

Business Closure and Emergencies

Wicked Cantina recognizes that inclement weather and other emergencies may affect your ability to get to work. In such situations, your safety is paramount. In an emergency, Wicked Cantina will make every effort to notify you of any closure via HotSchedules. If you are nonexempt and are notified of a closure prior to reporting to work, you will not be paid during the closure unless state law dictates otherwise. If you are exempt, you will be paid your normal salary for the week. If an emergency event occurs mid-day, you will be instructed to leave immediately. When Wicked Cantina closure ends, you are expected to report to work.

Drug and Alcohol Policy

Wicked Cantina has a zero-tolerance policy over the use of alcohol and illegal drugs on any Wicked Cantina property or center. No employee will possess, use, sell, or consume alcohol or illegal drugs on any Wicked Cantina property or center while working or in uniform. Employees under the influence of such substances shall not enter any Wicked Cantina property or center. No employee shall consume illegal drugs or alcoholic beverages while wearing Wicked Cantina apparel, on or off the property.

Management allows the use and possession of drugs only where an employee has a disclosed illness and the drug is prescribed medication, or where the drug is an over-the-counter medication with no impairing side effects. An employee with an illness taking prescribed medication must disclose such information to the Corporate Office with supporting documentation. Any employee caught supplying or engaging in trade or business transactions involving alcohol or illegal drugs on any Wicked Cantina property or center will be reported immediately to the authorities. The Corporate Office will strive to educate employees regarding the Drug and Alcohol Policy on an ongoing basis.

Workplace Tobacco Usage

Smoking, including the use of electronic vaping products such as e-cigarettes, is prohibited inside any area of Wicked Cantina, in Wicked Cantina vehicles, in sight of guests, in restrooms, and in areas where signs are posted prohibiting smoking. Wicked Cantina also prohibits the use of smokeless tobacco in all areas mentioned in this policy. Wicked Cantina will not discriminate against team members based on their off-premises, off-duty tobacco usage.

Workplace Violence

Wicked Cantina has a zero-tolerance policy regarding workplace violence and will not tolerate acts or threats of violence, harassment, intimidation, and other disruptive behavior, whether physical or verbal, that occurs in the workplace or other areas. This applies to management, co-workers, staff members, and non-employees such as contractors, customers, and visitors.

Prohibited conduct includes physically injuring another person, threatening to injure a person or damage property by any means, taking any action to place a person in reasonable fear of imminent harm, possessing or brandishing a firearm on Company property except as permitted by state law, and violating a restraining order or order of protection. Report any behavior that compromises our ability to maintain a safe work environment to your General Manager or the Corporate Office. All reports will be investigated immediately and kept confidential. Victims and witnesses of workplace violence will not be retaliated against in any manner.

Anonymous Tip Line:  (941) 479-9798 – Option 9

Customer Relations

Customer, Client, and Visitor Relations
Wicked Cantina strives to provide the best products and services possible to our customers. Our customers support this business and generate your wages. You are expected to treat every customer, client, or visitor with the utmost respect and courtesy during your working time. You should never argue or act in a disrespectful manner towards a visitor or customer during your working time. If you are having problems with a customer, client, or visitor, notify your manager immediately.

Products and Services Knowledge

As a representative of Wicked Cantina, you are expected to be familiar with the products and services we offer. Take every opportunity to learn the interrelationship between your department or division and the others of the Company. We consider our team members to be the best reflection of our business brand and company success.

Equal Employment Opportunity

Wicked Cantina is committed to the principles of equal employment. We are committed to complying with all federal, state, and local laws providing equal employment opportunities, and all other employment laws and regulations. It is our intent to maintain a work environment that is free of harassment, discrimination, or retaliation because of age, sex, sexual orientation (including transgender status, gender identity or expression), pregnancy, marital status, race, national origin, disability, creed, religion, genetic information, HIV status, COVID-19 status, military or veteran status, or any other status protected by federal, state, or local laws.

Wicked Cantina will conduct a prompt and thorough investigation of all allegations of discrimination, harassment, or retaliation in a confidential manner and will take appropriate corrective action where warranted. Wicked Cantina prohibits retaliation against staff members who provide information about, complain about, or assist in the investigation of any complaint of discrimination or violation of the Equal Employment Opportunity Policy.

Policy Against Workplace Harassment

Wicked Cantina has a strict policy against all types of workplace harassment, including sexual harassment and other forms of harassment based on age, sex, sexual orientation, pregnancy, marital status, race, national origin, disability, creed, religion, genetic information, HIV status, COVID-19 status, military or veteran status, or any other status protected by federal, state, or local laws.

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to such conduct is made as a term or condition of employment, is used as the basis for employment decisions, or has the purpose or effect of creating an intimidating, hostile, or offensive work environment. Examples of sexual harassment include unwelcome requests for sexual favors, lewd or derogatory comments or jokes, comments regarding sexual behavior or another person’s body, sexual innuendo, obscene written or pictorial materials of a sexual nature, repeated requests for dates after being informed that interest is unwelcome, and any unwanted physical touching or assault.

Other workplace harassment includes verbal or physical conduct that insults or shows hostility toward an individual because of a protected characteristic, including the use of disparaging or abusive words, slurs, negative stereotyping, threatening or hostile acts, written or graphic material that insults or stereotypes a group, and displays of symbols or slogans associated with hate or intolerance.

Reporting Discrimination and Harassment

If you feel that you have witnessed or have been subjected to any form of discrimination or harassment, immediately notify your General Manager or Director of Operations. Wicked Cantina prohibits retaliation against team members who, based on a reasonable belief, provide information about, complain about, or assist in the investigation of any complaint of harassment or discrimination. We will promptly and thoroughly investigate any claim and take appropriate corrective action where a claim has merit. Discipline for violation of this policy may include reprimand, suspension, demotion, transfer, and discharge.

Additional Wage and Hour Policies

Accommodations for Nursing Mothers
Wicked Cantina will provide nursing mothers reasonable break time to express milk for their infant child for up to one year following the child’s birth. You will be provided with a space, other than a restroom, that is shielded from view and free from intrusion from coworkers and the public. Expressed milk can be stored in the walk-in cooler with employee stored food, properly labeled to avoid confusion. Break time should, if possible, be taken concurrently with any other break time already provided. Wicked Cantina will not discriminate or retaliate against staff members who express breast milk in the workplace in accordance with this policy.

Meal and Rest Periods

Wicked Cantina strives to provide a safe and healthy work environment and complies with all federal and state regulations regarding meal and rest periods. Check with your manager regarding procedures and schedules for rest and meal breaks. If you know in advance that you may not be able to take your scheduled break or meal period, let your manager know as soon as possible. Notify Human Resources of any pay discrepancies, unrecorded work hours, or any involuntarily missed meal or break periods.

Overtime

If you are nonexempt, you may qualify for overtime pay. All overtime must be approved in advance by your General Manager or Director of Operations. At certain times Wicked Cantina may require you to work overtime and will attempt to give as much advance notice as possible. Failure to work overtime when requested, or working unauthorized overtime, may result in discipline up to and including termination. Unless otherwise required or exempted by law, overtime pay of one and one-half times your regular rate of pay is paid for any hours worked in excess of 40 hours in a workweek. Holidays, vacation days, and sick leave days do not count as time worked for computing overtime.

Pay Period

At Wicked Cantina, the standard pay period is weekly for all team members. Pay dates are every Monday. If a pay date falls on a holiday, you will be paid on the preceding Friday. Review your paycheck for accuracy each pay period. If you find an issue, report it to your General Manager immediately.

 Travel Time Pay

Ordinary home-to-work travel is not compensable work time. Time spent traveling from job site to job site during the workday is work time and must be counted as hours worked. If you are given a special one-day assignment in another city but return home the same day, the time spent traveling to and from the other city is work time, except that the Company may deduct the time you would normally spend commuting to your regular work site. Travel that keeps you away from home overnight is work time when it cuts across your regular working hours, including corresponding hours on non-working days. Any work you perform while traveling must be counted as hours worked. You are responsible for accurately tracking, calculating, and reporting your travel time, rounded up to the nearest quarter hour.

Tip Reporting

Tips are a significant part of your income at Wicked Cantina, and how you report them today has a direct impact on your financial security down the road. Your reported tip income is used to calculate three things that protect you personally: your Social Security benefit at retirement, your unemployment compensation if you are ever laid off, and your workers’ compensation coverage if you are injured on the job. All three are based on your reported earnings, which means under-reporting tips reduces protections you may need years from now.

All tips you receive are taxable income — whether paid in cash or included in a credit card transaction. At the end of each shift, complete the Server Check-Out form disclosing the total amount of your credit card tips and your total tips for the shift, less any tips shared with other employees through tip-out. Your reported tips will be recorded and reflected on your paycheck stub each pay period. By endorsing your paycheck, you confirm that the tip information is accurate and complete. Accurate tip reporting is required by federal law.

If your declared tips for a pay period fall below 15% of your gross sales, federal law requires the restaurant to allocate additional tip income to your record to bring it up to that threshold. This allocated income appears on your W-2 and affects your tax liability. Reporting your actual tips accurately from the start eliminates this situation entirely. If you are ever uncertain about how to calculate or record your tips, speak with your General Manager before submitting your Server Check-Out form.

 

 

Acknowledgment of Receipt and Review

By signing below, I acknowledge that I have received a copy of the Wicked Cantina Employee Handbook and that I have read it, understand it, and agree to comply with it. I understand that the Company has the maximum discretion permitted by law to interpret, administer, change, modify, or delete the rules, regulations, procedures, and benefits contained in the handbook at any time with or without notice. No statement or representation by a supervisor, manager, or any other employee, whether oral or written, can supplement or modify this handbook. Changes can only be made with written approval from the Corporate Office.

I understand that neither this handbook nor any other communication by a management representative or other, whether oral or written, is intended in any way to create a contract of employment. I further understand that, unless I have a written employment agreement signed by an authorized Company representative, I am employed at-will, and this handbook does not modify my at-will employment status.

This handbook is not intended to preclude or dissuade employees from engaging in legally protected activities under the National Labor Relations Act (NLRA). Nothing in this handbook prohibits an employee from reporting concerns to, filing a charge or complaint with, making lawful disclosures to, providing documents or information to, or participating in an investigation or hearing conducted by the EEOC, NLRB, SEC, or any other federal, state, or local agency charged with the enforcement of any laws. This handbook supersedes any previous handbook or policy statements, whether written or oral, issued by Wicked Cantina.

 

Employee Signature