The Sites are operated by Darden Corporation or our affiliates (collectively, "Darden"). By registering at and in consideration of your use of the Sites, you agree to provide true, accurate, current and complete information about yourself and agree to our Privacy Notice. Opinion Announcement - March 24, 1992. Further, you may not utilize any Site content in any meta tags or any other "hidden text" techniques or technologies without Darden's express written consent. Insider Trading Policy (opens in new window) 189 KB. The shareholders of the company must be reported about this decision, as it is a requirement of the Securities and Exchange Commission rules or New York Stock Exchange listing standards. COMPANY DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS ON THE SITES IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. Employees are prohibited from (a) taking for themselves personally opportunities that are discovered through the use of corporate property, information or position; (b) using corporate property, information or position for personal gain; and (c) competing with Darden. The same laws that prohibit discrimination based on race, color, sex, religion, national . Two employees of The Capital Grille, which is owned by Darden, also filed complaints with the EEOC last year. Aiutaci a proteggere Glassdoor dimostrando che sei una persona reale. endobj 0 Aidez-nous protger Glassdoor en confirmant que vous tes une personne relle. naar Whenever an employee believes a situation involves, or may reasonably be expected to involve, a conflict of interest with Darden, he or she should promptly advise Dardens General Counsel. After his termination, Darden began selling insurance for those competitors. if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[300,250],'howigotjob_com-leader-1','ezslot_12',197,'0','0'])};__ez_fad_position('div-gpt-ad-howigotjob_com-leader-1-0');if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[300,250],'howigotjob_com-leader-1','ezslot_13',197,'0','1'])};__ez_fad_position('div-gpt-ad-howigotjob_com-leader-1-0_1');.leader-1-multi-197{border:none!important;display:block!important;float:none!important;line-height:0;margin-bottom:7px!important;margin-left:auto!important;margin-right:auto!important;margin-top:7px!important;max-width:100%!important;min-height:250px;padding:0;text-align:center!important}, Your email address will not be published. Beef: As a founding member of the U.S. Roundtable for Sustainable Beef, Darden will continue to support the sustainability priority areas established across the beef value chain, including animal welfare indicators. Waivers of the Code of Conduct (opens in new window) 28 KB. Darden has a Dispute Resolution Program in place to address employee questions and complaints on a variety of Darden and employee-related issues. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by all parties. Global Business and Financial News, Stock Quotes, and Market Data and Analysis. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM DARDEN OR THROUGH OR FROM THE SITES SHALL CREATE ANY WARRANTY OF ANY KIND. Protection and Proper Use of Darden Assets. Both the University and the employee have the right to sever an employment relationship. message, contactez-nous l'adresse Where a statute containing that term does not helpfully define it, this Court presumes that Congress means an agency law definition unless it clearly indicates otherwise. In the event of termination or non-renewal of this Agreement . Darden's current corporate policy allegedly does not allow managers to use different tipping systems. The arbitrator's award is binding and may be entered in any court of competent jurisdiction. DARDEN EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES THAT MATERIALS ON THE SITES ARE NONINFRINGING, AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING; THAT ACCESS TO THE SITES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THE SITES WILL BE SECURE; THAT THE SITES OR THE SERVER THAT MAKES THE SITES AVAILABLE WILL BE VIRUS-FREE; OR THAT INFORMATION ON THE SITES WILL BE COMPLETE, ACCURATE OR TIMELY. An example is a small payment given to clerks or similar governmental personnel to expedite paperwork, miscellaneous permits, etc., for which the delay in the performance could adversely affect normal business operations. Darden was among the restaurant companies that vocally opposed getting rid of the tipped wage. Data is a real-time snapshot *Data is delayed at least 15 minutes. Retrieved from Darden Restaurants website: www.darden.com, Sign in|Recent Site Activity|Report Abuse|Print Page|Powered By Google Sites, Darden Restaurants Business Code of Ethics, . meaning or suggests that construing it to incorporate traditional agency law principles would thwart the congressional design or lead to absurd results. The complaint, which was filed. 10 0 obj It is beneficial for all parties that the employment separation process is as clear as possible so misunderstandings and distrust between the employee and the company can be avoided. Local, state, federal, and foreign laws vary as to the legality of contributing money or anything of value to any political party or organization, or to any candidate for public office. Unfortunately, HISD is one of just a handful of school districts that do not have an open-door [] Read More One Fair Wage filed a complaint with the Equal Employment Opportunity Commission in September about Darden but requested that the agency dismiss the charge in March. ET AL. 1. Trademarks, logos and service marks displayed on the Sites are registered and unregistered trademarks of Darden, its licensors or content providers, or other third parties. The Sites have been designed to comply with the laws of the State of Florida and of the United States. Failure to comply with the rules, policies and requirements of the company, all of which are clearly noted down in their Code, will deal in disciplinary measures like termination. A conflict of interest occurs when an individuals private interest interferes in any way or even appears to interfere with the interest of Darden. Answer: Yes, you should complain as you might be subjected to severe disciplinary action. 133 KB. To encourage reporting, appropriate confidential, toll-free hotline phone numbers for each restaurant concept and the Restaurant Support Center are communicated through posters located in all restaurants and through other means. If you and we cannot reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or we may commence arbitration. Get this delivered to your inbox, and more info about our products and services. enviando un correo electrnico a State Labor Law in Delhi. Antitrust Laws; Contacts with Competitors, No discussions, meetings, or arrangements with competitors are ever to be held on any subject that could possibly violate the antitrust laws, including laws related to price fixing, exclusive dealing, and others. The Notice shall describe the nature and basis of the claim or disputes and the specific relief sought. if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[300,250],'howigotjob_com-medrectangle-3','ezslot_2',191,'0','0'])};__ez_fad_position('div-gpt-ad-howigotjob_com-medrectangle-3-0'); The Darden Restaurant Companys mission is to nourish and delight everyone that they are given the opportunity to serve. Some features that may be available on the Sites require registration. Darden reserves all rights not expressly granted in and to the Sites and their content. Required fields are marked *. Darden offers the Sites, including all information, tools and services available from the Sites, to you, the user, conditioned upon your acceptance of all the terms, conditions, policies and notices stated here. The Code of Business Conduct And Ethics is one of the most important documents that the employees of Darden Restaurants should know thoroughly about so that they can prevent themselves from being terminated. The Texas Department of Criminal Justice is moving to fire seven employees for failing to check on a 16-year-old boy who died by suicide last month, according to a prison spokesperson. When an employee violates a Code the Board of Directors has to determine the appropriate action to be taken. This site is protected by reCAPTCHA and the Google, Hear Please enable Cookies and reload the page. Inclusion of links to other sites should not be viewed as an endorsement of the content of linked sites. <>>> 2023 Darden Concepts, Inc. All Rights Reserved. A conflict of interest will not exist if a restaurant hourly employee is also employed, in a non-management capacity, at another restaurant company. If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. v. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT, No. Darden Restaurants have a clear and crisp list of rules and regulations all laid out in their Code of Business Conduct And Ethics. In 43 states, employers can pay their workers as little as $2.13 an hour as long as that hourly wage and tips add up to the locality's pay floor. envie um e-mail para Darden's Code of Conduct (opens in new window) 4.67 MB. The first Lowes store was opened [], The American department store JCP, commonly known by its abbreviation JCP, offers a wide selection of apparel both for men and women and children, as well as furniture, appliances, accessories, shoes, and jewellery. All employees should protect Dardens assets and ensure their efficient use. This is done by maintaining the companys core values, that is, integrity and fairness, respect and caring, diversity, being of service, teamwork and excellence, and always being ready to learn and to teach. After his termination, Darden began selling insurance for those competitors. Darden Restaurants maintains a Code of Conduct, also titled The Code of Business Conduct and Ethics which clearly states all the rules and regulations that employees working under the company have to follow. In Delhi, employers are required to give a notice period of at least 30 days for terminating employees who have been employed for more than three months, or they can be given a salary in lieu of such notice. Employees are required to comply with all applicable anti-bribery and anti-corruption laws that govern Darden's operations in the countries where Darden conducts business. Since the multifactor common-law test here adopted, see, e. g., id., at 751-752, contains no shorthand formula for determining who is an "employee," all of the incidents of the employment relationship must be assessed and weighed with no one factor being decisive. "The cash wage policy is the direct cause, or at least a motivating cause, of this disparate impact," the complaint said. per informarci del problema. There is no duty on Darden to send you additional methods of notice of changes. $iD0d #ylMs@? qg 7D`heKM{\4sW|]m/-7wK@K\ ]0&a'hG>}Bn1-yI@q!j D#j|{HQQTbAx!w8b(@y[=(iY$~?s$8$~l. Argued January 21, 1992-Decided March 24,1992. The material on the Sites is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. MheB 3 Eggs: 100% of all egg products purchased by Darden are sourced from cage-free housing systems. THE SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Nationwide charged that Darden's new business activities disqualified him from receiving his retirement plan benefits, for which he then sued under the Employee Retirement Income Security Act of 1974 (ERISA). Moreover, servers who complain about sexual harassment from managers could be retaliated against, receiving worse shifts and tables. The firm's policies include a clause concerning whistle blower protection . endobj All team members, no matter their title, must abide by this policy. Serious violators of The Code of Business Conduct And Ethics can be subjected to termination by Darden Restaurants company. A member of the immediate family of any employee may be employed by a Darden supplier or competitor in a non-salaried, hourly position; and, II. Termination for Cause. Sie weiterhin diese Meldung erhalten, informieren Sie uns darber bitte per E-Mail Got a confidential news tip? This policy is the main document that explains when, why and how the Houston ISD will fire an employee. From 1962 through 1980, respondent Robert Darden operated an insurance agency according to the terms of several contracts he signed with petitioners Nationwide Mutual Insurance Co., et al. Home; Contact Us; Our Company . 133 0 obj <>stream Answer: The restaurants are Eddie Vs and The Capital Grille, Olive Garden Italian Restaurant, LongHorn Steakhouse, Bahama Breeze, Seasons 52, Yard House and Cheddars Scratch Kitchen. Each employee should endeavor to deal fairly with Darden's customers, suppliers, competitors and employees. Wenn an. You may not use contact information provided on the Sites for unauthorized purposes, including marketing. *Edward N. Delaney and Russell A. Hollrah filed a brief for the National Association of Independent Insurers as amicus curiae urging reversal. <> stream You may not use frames or utilize framing techniques or technology to enclose any content included on the Sites without Darden's express written consent. This section (confidential arbitration) will survive the termination of the relationship between you and Company. With him on the brief were Solicitor General Starr, Deputy Solicitor General Mahoney, Allen H. Feldman, and Elizabeth Hopkins. Employees should consult supervisors, managers or other appropriate personnel when in doubt about the best course of action in a particular situation. stream All content on the Sites (including, without limitation, text, design, graphics, logos, icons, images, audio clips, downloads, interfaces, code and software, as well as the selection and arrangement thereof) is the exclusive property of and owned by Darden, its licensors or its content providers and is protected by copyright, trademark and other applicable laws. Darden neither warrants nor represents that your use of materials on the Sites will not infringe rights of third parties not affiliated with Darden. Employees that conduct business with government officials, whether in the United States or in a foreign country, must be particularly careful that gifts and entertainment are not construed as bribes, kickbacks, or other improper payments. One Fair Wage is the only plaintiff named in the complaint. If you do submit material, and unless we indicate otherwise, you grant Darden an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such material throughout the world in any media. Rehiring to the same company only occurs based on the reason for termination. For example, no supervisor shall: . Advocacy group One Fair Wage is suing Olive Garden parent Darden Restaurants, alleging the company's tipping policy encourages sexual harassment and racial discrimination against its waitstaff. Restaurant Employee for purposes of this section means any Darden employee working outside the Restaurant Support Center at a Darden restaurant, including restaurant managers, general managers, managing partners and Directors of Operations, but excluding Regional Vice Presidents of Operations, Senior Vice Presidents of Operations and other officers; and. message, please email The Sites may contain links to other websites, some of which are operated by Darden and others of which are operated by third parties. Let us know about the Darden Termination Policy. Corporate Opportunities: The next main point that the policy discusses is corporate opportunities, which states that employees cant use corporate information to gain any opportunities or any other personal gain. If you have any reason to believe or become aware of any loss, theft or unauthorized use of your password, notify Darden immediately. Let us know What are the Kroger Termination [], Darden Restaurants, Inc, is an American-based premium dining company with restaurants in more than 1800 locations. ~A'k,g:HRAns"7a(eYVVK%eYUf5gg?fPpx\ -a8T9v 7"o a)s2YF Wsg{\g{uz.8.A,|UP[rQf,>udPW*^g Ok9J;;FI3?7~D w%16#|.>e)yPnK K^g5fs&|G7@+].5SlC~ ?>|q]Z*/KM4nNpW& %P"'k When an Auto Scaling group with a mixed instances policy scales in, Amazon EC2 Auto Scaling still uses termination policies to prioritize which instances to terminate, but first it identifies which of the two types (Spot or On-Demand) should be terminated. A poll of 200 Darden workers conducted by the advocacy group found that servers who are people of color made 18% less in tips per hour than white servers. A printed version of these Terms of Use shall be admissible in judicial or administrative proceedings based on or relating to use of the Sites to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Like any other company, Old Navy has a termination policy that outlines the circumstances under which an employee can be terminated. %%EOF "To be clear, this is not about Darden," company spokesperson Rich Jeffers said in a statement to CNBC. Termination policy of Capgemini Termination policy of Capgemini [], Hartford Healthcare is an integrated healthcare system based in Hartford, Connecticut. Code of Ethics for CEO and Senior Financial Officers (opens . This policy does not preclude the payment of minor gratuities or "tips" by employees in circumstances where the payments are permissible under local law. Florida is an "at-will" employment state. Termination of your access or use will not waive or affect any other right or relief to which Darden may be entitled at law or in equity. %PDF-1.5 No such payments may be made without the prior written approval of the General Counsel. Waivers are given to employees only if their action has been approved by the Board of Directors or a Board Committee. 1000 Darden Center Drive Most states do not require employers to have a termination policy, however, it's nonetheless a good suggestion to develop one, irrespective of what number of employees you've. Co. v. Darden, 503 U.S. 318 (1992). Theft, carelessness and waste have a direct impact on the Dardens profitability. James Cash Penney established it on April 14, 1902. You agree that by entering into these Terms, you and Company are each waiving the right to trial by jury and the ability to participate in a class action. You agree to indemnify, defend and hold harmless Darden and its officers, directors, employees, contractors, agents, licensors, service providers, subcontractors and suppliers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from your use of the Sites and any violation of these Terms of Use. No employee should take unfair advantage of anyone through manipulation, concealment,. Default termination policy and mixed instances groups. NLRB v. Hearst Publications, Inc., 322 U. S. 111; United States v. Silk, 331 U. S. 704; Rutherford Food Corp. v. McComb, 331 U. S. 722, distinguished. Your continued use of the Sites after that point signifies that you accept the changes. Employees who violate the rules and regulations in the Code are subjected to disciplinary actions like suspension, demotion, reassignment or even termination. If you continue to see this 4 0 obj Darden's tipped employees make more than $20 an hour on average, he said. You are hereby informed that Darden has adopted and reasonably implemented a policy that provides for the termination in appropriate circumstances of subscribers and account holders of Darden's system or network who are repeat copyright infringers. The EEOC issued the group with a right to sue notice, which gives it 90 days to file a lawsuit in federal court. In this article, we will discuss the details of Old Navys termination policy and provide some important information that [], on Kroger Termination Policy- Know More About It, on Starbucks Termination Policy- Know More About It, on Safeway Termination Policy- Know More About It, on JCPenney Termination Policy Know More, on Capgemini Termination Policy Know More, on Hartford Healthcares Termination Policy Know More, Kroger Termination Policy- Know More About It, Starbucks Termination Policy- Know More About It, Safeway Termination Policy- Know More About It, Hartford Healthcares Termination Policy Know More. Si continas viendo este mensaje, Failing to do so, the employee who kept quiet about a fellow employee who violated the Code will also face severe disciplinary action. I. The termination policy further highlights each rule and regulation that they have specified for their employees in specific points and subdivisions. Involuntary terminations can happen for several reasons: performance, layoffs, etc. If you cause a technical disruption of the Sites or the systems transmitting the Sites to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees and court costs, arising or resulting from that disruption. OCTOBER TERM, 1991 + III. This Animal Welfare Policy defines Darden's position and outlines our approach and commitments to animal welfare. It is the responsibility of each employee who has responsibility in areas affected by these laws to be sufficiently knowledgeable of the laws so as to avoid. pour nous faire part du problme. The Notice to Company should be mailed to: Attention: Legal Pp.322-327. The headquarters are located in California. Refer to RP-12 for loans or guarantees of loans to Darden vendors or suppliers. c B)`{4y1b- n1|2sv..4p9BPcSdR{!76|CG&M+SN,x>rh&AZ|pV`09?6_Bu/*9'1iO8P1g9a'g5NNO7zO. Unless unlawful, Company will pay its, and you will pay your, lawyers', experts', and witness fees, expenses, and costs with respect to all claims. promotion, terms and conditions of employment, discipline, and termination of employees on the basis of any protected category. Darden reserves the right to refuse, terminate or cancel any person's registration for the Sites, and remove any person from the Sites or prohibit any person from using the Sites for any reason whatsoever. No employee should take unfair advantage of anyone through manipulation, concealment, abuse of privileged information, misrepresentation of material facts, or any other unfair-dealing practice. Non-Discrimination and Non-Harassment Policy (opens in new window) 80 KB. About 12% and 16% of that group said they have fired a Gen Zer in their first week or . If any provision of this agreement is unlawful, void or unenforceable, the remaining provisions of the agreement will remain in place. Throughout the Sites, the terms refer to Darden. If you believe your copyright or the copyright of a person on whose behalf you are authorized to act has been infringed, you may notify our copyright agent by writing to or emailing: Write to: We will seek practical, scalable methods to . If an employee or supervisor has any question about the propriety or legality of an action related to political activity or support, the General Counsel and Senior Vice President, Government and Community Affairs should be consulted. After his termination, Darden began selling insurance for those competitors. It is your responsibility to check periodically for any changes we make to the Terms. This agreement and any policies or operating rules posted on the Sites constitute the entire agreement and understanding between you and Darden with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. To the extent permitted by law, you will not agree to act as a representative or a private attorney general, or in any other representative capacity, or participate as a member of a class of claimants in any lawsuit against company in any court, or in arbitration, with respect to any program claims. If an employee initiates leaving the organization that is voluntary, if the organization initiatives leaving, that is involuntary. B. 2023 CNBC LLC. A member of the immediate family of a Restaurant Employee may be employed by a Darden supplier or competitor in a non-officer, operations-related position, including as manager or general manager of another restaurant. NON-HARASSMENT POLICY Dated 2/1/2000 Revised 3/8/2011 . Marion G. Follin III argued the cause and filed a brief for respondent. A. In this case we construe the term "employee" as it appears in 3(6) of the Employee Retirement Income Security Act of 1974 (ERISA), 88 Stat. An employer may not fire, demote, harass or otherwise "retaliate" against an individual for filing a charge of discrimination, participating in a discrimination proceeding, or otherwise opposing discrimination. Aydanos a proteger Glassdoor y demustranos que eres una persona real. This Code does not attempt to describe all possible conflicts of interest that could develop. Confidential information includes all non-public information that might be of use to competitors, or harmful to Darden or its customers, if disclosed. Such laws include the U.S. Foreign Corrupt Practices Act ("FCPA") and similar laws enacted by other countries. People can get a delicious taste of coffee beverages, smoothies, sandwiches, baked goods, [], Safeway is a supermarket chain that was founded in April 1915 in American Falls, Idaho, U.S. Meetings with vendors or suppliers may include an aspect of entertainment, provided the entertainment is of reasonable value and occasional frequency. Darden reserves the right in its sole discretion to change, modify, add or remove any portion of these Terms, in whole or in part, at any time, by posting revised terms on the relevant Sites. Caso continue recebendo esta mensagem, if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[300,250],'howigotjob_com-large-leaderboard-2','ezslot_10',196,'0','0'])};__ez_fad_position('div-gpt-ad-howigotjob_com-large-leaderboard-2-0');if(typeof ez_ad_units!='undefined'){ez_ad_units.push([[300,250],'howigotjob_com-large-leaderboard-2','ezslot_11',196,'0','1'])};__ez_fad_position('div-gpt-ad-howigotjob_com-large-leaderboard-2-0_1');.large-leaderboard-2-multi-196{border:none!important;display:block!important;float:none!important;line-height:0;margin-bottom:7px!important;margin-left:auto!important;margin-right:auto!important;margin-top:7px!important;max-width:100%!important;min-height:250px;padding:0;text-align:center!important}. The Sites and all of their content, including but not limited to text, design, graphics, interfaces and code, and the selection and arrangement thereof, are protected as a compilation under the copyright laws of the United States and other countries. endobj WELCOME TO INVESTMENT BANKING RECRUITING AT UVA DARDEN. The Code of Business Conduct and Ethics also states that employees should never take a decision that they are confused about if that decision is appropriate and when that decision might cause embarrassment to the company and its reputation. 102 0 obj <> endobj Onze The arbitrator shall have no authority to issue injunctive relief. Some of the more common laws, rules and regulations applicable to our business, however, are discussed below. (l) Retirement means a Participant's termination of employment with the Company and its Subsidiaries, other than for Cause (as defined under the Darden Restaurants, Inc. 2015 Omnibus Incentive Plan), on or after having attained at least age 55 with ten years of service with the Company or a Subsidiary (pursuant to the method for crediting service violations. You grant Darden the right to use the name you submit in connection with such material, if they so choose. Starbucks started its journey in 1971, and since then, it has continually expanded its business in various fields and many countries. The School's recruiting policies are references for any company recruiting Darden students in the academic year. If the reason for termination is a serious violation of the code and the employee has been found fully guilty, they wont be given the opportunity to reapply to the company. You represent and warrant that you own or otherwise control all the rights to the content you post; that the content is accurate; that use of the content you supply does not violate any provision herein and will not cause injury to any person or entity; and that you will indemnify Darden for all claims resulting from content you supply. With him on the briefs were Gordon E. McCutchan, Robert M. Parsons, Craig G. Dalton, Jr., Francis M. Gregory, Jr., and Margaret M. Richardson. A termination policy is an official document that lays out the grounds and process for firing employees. IF YOU DOWNLOAD ANY MATERIALS FROM THE SITES, YOU DO SO AT YOUR OWN DISCRETION AND RISK. Se continui a visualizzare 90-1802. The food chain is operational in 17 states in the US. NATIONWIDE MUTUAL INSURANCE CO. ERISA's nominal definition of "employee" is completely circular and explains nothing, and the Act contains no other provision that either gives specific guidance on the term's.