2.14 Conformity to Applicable Federal and State Laws, Severability, and Construction
Conformity to Applicable Law
THE COMPANY intends all policies in this Team Member Handbook to comply with applicable federal, state, and local laws, including Georgia law. If any policy, provision, term, practice, or its enforcement conflicts with applicable law, the policy will be applied only to the extent permitted by law and will be automatically interpreted, modified, or limited to meet the minimum legal requirements in effect at the time of application.
Where more than one legal standard may apply, THE COMPANY will follow the standard that is legally required and, where the law mandates greater protection for a Team Member, THE COMPANY will follow the standard required by law.
Severability
If any policy, provision, term, or practice in this Team Member Handbook is found to be invalid, illegal, or unenforceable as applied to any person or circumstance, that finding does not affect the validity or enforceability of the remaining provisions or their application to other persons or circumstances.
The invalid portion will be enforced to the fullest extent permitted by law and, if necessary, replaced with a valid provision that most closely reflects the original lawful intent.
No Contract / At-Will Employment Status Preserved
Nothing in this Team Member Handbook creates a contract, guarantee of continued employment, or a promise of specific treatment in any particular situation. Employment with THE COMPANY is at-will, which means either the Team Member or THE COMPANY may terminate employment at any time, with or without notice and with or without cause, unless otherwise required by law.
No Manager, Supervisor, or other representative has the authority to alter at-will employment or make binding promises, except through a written agreement signed by the Owner of THE COMPANY.
Reservation of Rights; Policy Changes
THE COMPANY reserves the right to interpret, modify, suspend, rescind, or discontinue any policy, practice, or benefit at any time for legitimate business reasons or to comply with changes in the law, except where prohibited by law.
Unless a law requires retroactive application, policy changes will be effective on the stated effective date and apply prospectively.
Non-Waiver
Failure by THE COMPANY to enforce any policy, rule, or right on any occasion does not waive THE COMPANY’s ability to enforce that policy, rule, or right in the future. No past practice, exception, or tolerance creates a binding policy unless it is documented in this Handbook or in a written agreement signed by the Owner of THE COMPANY.
Interpretation and Conflicts
THE COMPANY retains the exclusive right to interpret, apply, and administer this Team Member Handbook consistent with applicable law. If any provision of this Handbook conflicts with a statute, regulation, ordinance, lawful government order, or binding guidance, the legal requirement will control.
References to “law” in this Handbook include implementing regulations, valid agency guidance, and applicable case law.
Protected Rights Preserved
Nothing in this Team Member Handbook is intended to restrict or interfere with rights protected by law, including but not limited to:
- Rights under the National Labor Relations Act (such as discussing wages, hours, or working conditions)
- Equal employment opportunity protections
- Anti-harassment and anti-retaliation protections
- Wage-and-hour rights
- Leave and accommodation rights
- Whistleblower protections
- Any other legally protected activity
Team Members maintain all rights granted by applicable federal, state, and local law.
Governing Law and Venue
To the extent not preempted by federal law, this Team Member Handbook is governed by the laws of the State of Georgia. Unless applicable law provides otherwise, any claim arising out of employment with THE COMPANY must be brought in the appropriate state or federal court with jurisdiction in the Georgia county where the Team Member works or last worked.
Survival
This Section—Conformity to Applicable Law, Severability, and Construction—will remain in effect and continue to apply even if the Handbook is modified, replaced, or rescinded, and after employment ends, to the extent necessary to interpret or enforce rights or obligations arising while the Handbook was in effect.