Overview

Work schedules for cultivation centers and retail facilities are based on business needs. Each employee’s manager advises the employee regarding their specific working hours. Where possible, employees will be provided with a 72-hour advance notice for schedule changes, except where greater notice is required by law. Requirements regarding advance notice of your work schedule may vary by your work location. Please contact your manager for more specific details.

Punctual and consistent attendance is a condition of employment and an essential function of all positions at the Company. Various factors, such as workloads, operational efficiency, and staffing needs, may require variations in an employee’s starting and ending schedule times and total hours worked each day or each week. Employees are required to take meal and rest periods where required by law. The Company may, at its sole discretion, adjust the work week to fit the needs of the business including shift hours, rotation of shifts and/or weekend schedules, in accordance with applicable laws.

The Company reserves the right to assign duties to employees other than their usual assignments. In addition, employees may be required to work overtime or hours other than those normally scheduled whenever necessary. Changes in an employee’s schedule, hours, duties, or assignments does not alter an employee’s at-will employment status or guarantee any fixed terms and conditions of employment, continued employment of any kind or the provision of any employment-related benefit.

Illinois [Evanston]: Schedules and Hours Under the Fair Workweek Ordinance

The Company complies with Evanston’s Fair Workweek Ordinance (FWO). In accordance with that law, the Company adopts the policies and practices described below.

These policies and practices apply to all nonexempt employees who, in a calendar week, perform at least two hours of work for the Company within the geographic boundaries of the City of Evanston. Employees must also work in a covered industry, including hospitality, food service and restaurants, retail, warehouse services, manufacturing, or building services.

Good Faith Initial Estimate of Work Schedule

Prior to or upon the commencement of employment, the Company will provide covered employees, in writing, with a good faith estimate of the employee’s projected days and hours of work for the first 90 days of employment, including:

• The average number of weekly work hours the employee can expect to work each week;

• Whether the employee can expect to work any on-call shifts; and

• A subset of days and times or shifts that the employee can expect to work, or days of the week and times or shifts on which the employee will not be scheduled to work.

This good faith estimate does not constitute a contractual offer, and the Company is not bound by the estimate.

Prior to or upon the commencement of employment, employees may request that the Company modify the initial estimate of work schedule. The Company will consider any such request, and in its sole discretion may accept or reject the request. The Company will notify the employee of its determination in writing (including in physical or electronic format, e.g., email or text) within three days of the employee’s request.

Advance Notice of Work Schedule

Upon request, the Company will refrain from posting or transmitting to other employees the work schedule of an employee who is a victim of domestic violence or sexual violence or who has a family or household member who is a victim of domestic or sexual violence. Under the circumstances, the Company may request a written statement from an employee that states the employee is, or has a family or household member who is, a victim of domestic violence or sexual violence. The written statement will suffice as the documentation needed for the Company to implement the request. The Company will not require such a written statement more than once in a calendar year from any employee for this purpose.

The Company reserves the right to change a covered employee's work schedule after it is posted and/or transmitted, but such changes are subject to notice and compensation requirements if made less than 14 days before the first day on the work schedule. The Company may also add an employee to a posted work schedule after the deadline when that employee is returning to work from a leave of absence.

Declining Schedule Changes

Employees can decline any previously unscheduled hours that the Company adds to the employee's schedule if the employee has been provided less than 14 days’ advance notice before the first day of any new schedule.

Alterations to Work Schedules

If the Company alters a covered employee's work schedule after the deadline, in addition to the regular rate of pay, the employee will receive:

• With less than 14 days’ notice, but 24 hours or more notice to the employee, one hour of predictability pay for each shift in which the Company:

o Adds or subtracts hours of work;
o Moves to another date or time;
o Cancels; or
o Adds to an employee’s schedule a previously unscheduled shift.

• With less than 24 hours of notice to the employee, in addition to the employee’s regular pay for working the shift:

o Four hours or the number of hours in the employee’s scheduled shift, whichever is less, when hours are canceled or reduced; or

o One hour of predictability pay for all other changes.

Predictability pay means wages paid to an employee, calculated on an hourly basis at the employee’s regular rate as compensation for schedule changes made by the Company to a schedule under the ordinance, in addition to any wages earned for work performed by that employee.

The Company will amend the posted work schedule and transmit it to the employee in writing within 24 hours of a schedule change.

Exceptions to Predictability Pay

The predictability pay requirements outlined above do not apply in the following situations:

• The work schedule changes because of events outside the Company’s control, such as: threats to the Company, Company property or employees; a recommendation by civil authorities that work not begin or continue; public utilities fail to supply electricity, water, or gas, or the sewer system fails to serve the location of work; war; civil unrest; strikes; threats to public safety; pandemics; or acts of nature (e.g., floods, earthquakes, tornadoes or blizzards) or weather that would prohibit business operations;

• If there is a work schedule change requiring an employee to work additional hours due to one of the foregoing events that are outside the Company’s control, the Company will:

o Within 72 hours of the schedule change, provide notice in writing to the employee of the schedule change and the reason for the schedule change as well as why the employee is deemed essential to the continued operations of the employer, and
o Pay the employee whose schedule has been changed, $2.00 per hour as hazard pay in addition to the wages that the employee would normally earn for the shift that the employee works. The hazard pay will continue for the entire duration that the employee is required to work in any of the events described above.

• The work schedule change is a mutually agreed upon shift trade or coverage arrangement between employees, subject to any existing Company policy regarding required conditions for employees to exchange shifts;

• An employee requests a shift change that is confirmed in writing, including but not limited to use of sick leave, PTO, or other policies offered by the Company;

• The Company subtracts hours from a work schedule for disciplinary reasons for just cause; or

• When employees self-schedule.

Additional Work Hours to Existing Employees

When the Company needs to fill additional shifts of work, it will first offer such shifts to existing employees who are covered by this policy, if the employees are qualified to do the additional work, as determined by the Company. Whenever practicable, the Company will first offer the hours to part-time employees, but the Company may choose to offer only the number of hours required to give the part-time employee 35 hours of work in the calendar week.

In distributing hours, the Company will not discriminate or tolerate discrimination on the basis of race, color, creed, religion, ancestry, national origin, sex, sexual orientation, gender identity, disability, age, marital or familial status, family caregiving responsibilities or status as a student. The Company will not distribute hours in a manner intended to avoid application of the Patient Protection and Affordable Care Act.

Employees may, but are not required to, accept the offer of additional work hours. For additional work for an expected duration of more than two weeks, the part-time employee has 72 hours to accept the additional hours, after which time the Company may hire new employees to work the additional hours. When the offer of additional work hours is for an expected duration of two weeks or less, the part-time employee has 24 hours to accept the additional work hours, after which time the Company may hire new employees to work the additional hours. The 24- or 72-hour periods begin either when the employee receives the written offer of additional hours, or when the Company posts the offer of additional hours, whichever is sooner. A part-time employee who wishes to accept the additional hours must do so in writing.

Whenever the Company offers additional hours to existing employees, the Company will make the offer either in writing or by posting the offer in a conspicuous location in the workplace where notices are customarily posted. The notice will include the total hours of work being offered, the schedule of available shifts, whether those shifts occur at the same time each week, the length of time the Company anticipates requiring coverage of the additional hours, and the process by which employees may notify the Company of their desire to work the additional hours.

Right to Rest and Additional Pay

Employees have the right to decline work schedule hours that occur within 11 hours after the end of the employee’s last shift. An employee who agrees in writing to work such hours will be compensated at one-and-a-half (1.5) times the employee’s regular rate of pay for any hours worked less than 11 hours following the end of a previous shift.

Right to Request a Flexible Working Arrangement

Employees also have the right to request a modified work schedule, including, but not limited to: additional shifts or hours; changes in days of work; changes in shift start and end times; permission to exchange shifts with other employees; limitations on availability; part-time employment; job sharing arrangements; reduction or change in work duties; or part-year employment.

Retaliation Prohibited

The Company will not discriminate in any manner or take adverse action against any employee in retaliation for exercising rights protected under Evanston’s Fair Workweek Ordinance, including but not limited to disclosing, reporting or testifying about any violation.

Illinois [Chicago]: Schedules and Hours Under the Fair Workweek Ordinance

The Company complies with Chicago’s Fair Workweek Ordinance. In accordance with that law, the Company adopts the policies and practices described below.

These policies and practices apply to employees who (a) spend the majority of their time at work while physically present within the City of Chicago; (b) earn less than or equal to certain minimum wage or salary thresholds; and (c) perform the majority of their work in building services, healthcare, hotels, manufacturing, restaurants, retail, or warehouse services.

Good Faith Initial Estimate of Work Schedule

• The location(s) at which the employee will work;
• The average number of weekly work hours the employee can expect to work each week;
• Whether the employee can expect to work any on-call shifts; and
• A subset of days and times or shifts that the employee can expect to work, or days of the week and times or shifts on which the employee will not be scheduled to work.

This good faith estimate does not constitute a contractual offer, and the Company is not bound by the estimate.

Prior to or upon the commencement of employment, employees may request that the Company modify the initial estimate of work schedule. The Company will consider any such request, and in its sole discretion may accept or reject the request. The Company will notify the employee of its determination, in writing, within three days of the employee’s request.

Advance Notice of Work Schedule

The Company will provide covered employees with written notice of their work hours by posting their work schedules no later than 14 days before the first day of any new schedule (“the deadline”). The written work schedule will span at least a calendar week and will generally include the shifts and on-call status of all current covered employees at that worksite. Upon request, the Company will refrain from posting or transmitting to other employees the work schedule of an employee who is a victim of domestic violence or sexual violence or the family member of a victim of domestic or sexual violence. The Company will transmit work schedules electronically upon an employee’s request.

The Company reserves the right to change a covered employee’s work schedule after it is posted and/or transmitted. The Company may also add an employee to a posted work schedule after the deadline when that employee is returning to work from a leave of absence.

Declining Schedule Changes

Employees can decline any previously unscheduled hours that the Company adds to the employee’s schedule if the employee has been provided less than 14 days advance notice before the first day of any new schedule.

Alterations to Work Schedules

If the Company alters a covered employee’s work schedule by more than 15 minutes after the deadline, in addition to the regular rate of pay, the employee will receive:

• One hour of predictability pay for each shift in which the Company:

o adds hours of work;
o changes the date or time of a work shift with no loss of hours; or
o with more than 24 hours‘ notice, cancels or subtracts hours from a regular or on-call shift.

• No less than 50% of the employee’s regular rate of pay for any scheduled hours the employee does not work because the Company, with less than 24 hours’ notice, subtracts hours from a regular or on-call shift, or cancels a regular or on- call shift, including while the employee is working on a shift.

The Company will amend the posted work schedule and transmit it to the employee in writing within 24 hours of a schedule change.

Exceptions to Predictability Pay

The predictability pay requirements outlined above do not apply in the following situations:

• The work schedule changes because of events outside the Company’s control, such as: threats to the Company, Company property or employees; a recommendation by civil authorities that work not begin or continue; war; civil unrest; strikes; threats to public safety; pandemics; or acts of nature (e.g., floods, earthquakes, tornadoes or blizzards);

• A work schedule change that is mutually agreed to by the employee and the Company and is confirmed in writing;

• The posted work schedule is changed by 15 minutes or less;

• The employee requests a shift change, that is confirmed in writing, including but not limited to use of sick leave, PTO, or other policies offered by the Company;

• The Company subtracts hours from a work schedule for disciplinary reasons for just cause; or

• When employees self-schedule.

Additional Work Hours to Existing Employees

When distributing additional work hours among qualified and interested existing employees, the Company will first distribute work hours to employees whose regular workplace is the location where the work will be performed. If no such employee accepts the available shifts, the Company will distribute them to employees covered by this policy who work at other locations before hiring outside the Company. Whenever practicable, the Company will first offer the hours to part-time employees.

The Company may choose to not schedule employees to work hours required to be paid at a premium rate.

Right to Rest and Additional Pay

Employees have the right to decline work schedule hours that are less than 10 hours after the end of the previous day’s shift. Employees may voluntarily consent in writing to work a shift that begins sooner than 10 hours after the end of the previous day’s shift. When an employee works a shift that begins less than 10 hours after the end of the previous day’s shift, the Company will pay the employee at a rate of 1.25 times the employee’s regular rate of pay for that shift, except that hours in such a shift that exceed a workweek of 40 hours will be paid at the usual overtime rate of 1.5 the employee’s regular rate of pay.

Right to Request a Flexible Working Arrangement

Retaliation Prohibited

The Company will not retaliate against an employee for exercising rights protected under Chicago’s Fair Workweek Ordinance, including reporting or testifying about any violation, or requesting changes to their working arrangement.

Illinois: Mandatory Time Off/Day of Rest

The Company will provide nonexempt, nonsupervisory employees working more than 20 hours per week with at least one day (24 consecutive hours) of rest during every consecutive seven-day period when required by law.

Pennsylvania [Philadelphia]: Schedules and Hours Under the Fair Workweek Ordinance

Employees who (a) work within the geographic boundaries of the City of Philadelphia; (b) are nonexempt under federal or state law; and (c) have job duties that involve the provision of retail trade services, food services or hospitality services (not including administrative and professional hourly employees such as those in human resources, payroll or receptionist positions) are covered by the Philadelphia Fair Work Week Ordinance. Employees with questions should contact their People Business Partner.