ABG EMPLOYEE HANDBOOK SECOND EDITION REVISED 7/19/2012 Supervisor: Walter Jones (510) 338-5363 [email protected] Human Resources: Bonnie French (203) 609-1451 [email protected] 1. Policy Administration ................................................................................................. 1 1.1. Notice Regarding Employee Manual ................................................................... 1 1.2. Purpose of Employee Handbook ......................................................................... 1 1.3. Receipt and Acknowledgement ........................................................................... 2 2. Terms of Employment ................................................................................................ 3 2.1. At Will Employment ............................................................................................ 3 3. Hiring Guidelines ........................................................................................................ 3 3.1. Probationary Period ............................................................................................. 3 3.2. Americans with Disabilities Act .......................................................................... 3 3.3. Employment of Minors ........................................................................................ 4 3.4. Equal Opportunity ................................................................................................ 4 3.5. Criminal Background Check .............................................................................. 4 4. Hiring Procedures ..................................................................................................... 5 4.1. Immigration Law Compliance ........................................................................... 5 4.2. New Employee Orientation................................................................................ 5 4.3. Job Descriptions ................................................................................................. 5 5. Employee Classifications .......................................................................................... 5 5.1. Exempt and Non-exempt Employees ................................................................. 5 5.2. Full Time Employees ......................................................................................... 6 5.3. Part Time Employees ......................................................................................... 6 5.4. Temporary Employees ....................................................................................... 6 6. Human Resources Management ............................................................................... 6 6.1. Anniversary Date ............................................................................................... 6 6.2. Open Door Policy .............................................................................................. 6 6.3. Personnel Files ................................................................................................... 6 6.4. Performance Reviews ........................................................................................ 7 6.5. Complaints and Grievance Procedures .............................................................. 7 6.6. Problem Resolution ............................................................................................ 7 7. Employee Privacy Issues .......................................................................................... 8 7.1. Confidential Information ................................................................................... 8 7.2. Medical Records ................................................................................................ 8 7.3. Employee Data and Confidentiality ................................................................... 8 7.4. Employee Privacy in the Workplace.................................................................. 8 8. Work Schedule .......................................................................................................... 9 8.1. Business Hours................................................................................................... 9 8.2. Meals and Rest Breaks ....................................................................................... 9 8.3. Tardiness ............................................................................................................ 9 8.4. Inclement Weather ............................................................................................. 9 8.5. Time Sheets ....................................................................................................... 9 9. Payroll Mechanics ..................................................................................................... 10 9.1. Garnishments ..................................................................................................... 10 9.2. Mandatory Payroll Deductions .......................................................................... 10 9.3. Optional Payroll Deductions .............................................................................. 10 9.4. Payroll Schedule ................................................................................................ 10 9.4.1 Semi-Monthly …………………………………………………………………10 9.5. Pay Advances ..................................................................................................... 11 9.5.1 No Check Cashing……………......................................................................... 11 9.5.2 Limited Pay Advances…………………………………………………………11 9.6 Direct Deposit……………………………………………………………………11 ii 10. Compensation ......................................................................................................... 11 10.1. Overtime .......................................................................................................... 11 10.2. Pay Docking ..................................................................................................... 11 11. Benefits-Insurance .................................................................................................. 12 11.1. Benefits Overview ........................................................................................... 12 11.2. Eligibility to Benefits ....................................................................................... 12 12. Benefits - Other ....................................................................................................... 12 12.1. Credit Union..................................................................................................... 12 12.2. Employee Referral Programs ........................................................................... 13 12.3. Idea Incentive Awards ..................................................................................... 13 12.4. Service Commendations .................................................................................. 13 13. Government Required Insurance Coverage ............................................................ 13 13.1. Social Security ................................................................................................. 13 13.2. Unemployment Insurance ................................................................................ 13 13.3. Workers Compensation .................................................................................... 13 13.4. State Disability Insurance ................................................................................ 14 14. Time Off - Paid ....................................................................................................... 14 14.1. Bereavement Leave .......................................................................................... 14 14.2. Paid Time Off (PTO) ....................................................................................... 14 14.3. Holidays ........................................................................................................... 15 14.4. Sick Leave ........................................................................................................ 15 14.5. Time Off for Voting ......................................................................................... 15 14.6. Jury Duty .......................................................................................................... 15 15. Time Off - Unpaid .................................................................................................. 15 15.1. Family Medical Leave ..................................................................................... 15 15.2. Unpaid Leave of Absence ................................................................................ 16 15.3. Documentation for Medical Leave .................................................................. 16 15.4. Military Leave ..................................................................................................17 15.5. Reinstatement after Medical Leave ................................................................. 17 15.6. Time Off In Connection With Court Case ....................................................... 17 16. Company Property .................................................................................................. 17 16.1. Company Cars .................................................................................................. 17 16.2. Company Property ........................................................................................... 17 16.3. Personal Use of Company Telephones ............................................................ 18 16.4. Return of Company Property ........................................................................... 18 16.5. Company Cell Phones ...................................................................................... 18 16.6. Parking ............................................................................................................. 18 17. Expense Reimbursements ....................................................................................... 18 17.1. Expense Reimbursement .................................................................................. 18 17.2. Expense Reports............................................................................................... 18 17.3. Travel Reimbursement ..................................................................................... 19 18. Appearance Standards ............................................................................................. 19 18.1. Dress Code and Appearance ............................................................................ 19 18.2. Grooming Standards ........................................................................................ 19 18.3. Uniforms .......................................................................................................... 19 18.4. Safety Wear and Equipment……………………………………………………20 19. Behavior Standards ................................................................................................. 20 19.1. Behavior in the Workplace .............................................................................. 20 19.2. Your Friends in the Company's Workplace ..................................................... 20 iii 19.3. Personal Blogs ................................................................................................. 20 19.4. Following Instruction ....................................................................................... 20 19.5. Attendance ....................................................................................................... 21 19.6. Customer Service ............................................................................................. 21 20. Restrictions on Conduct .......................................................................................... 21 20.1. Outside Employment ....................................................................................... 21 20.2. Conflicts of Interest.......................................................................................... 21 20.3. Gratuities .......................................................................................................... 22 21. Internet and E-Mail ................................................................................................. 22 21.1. Internet - Personal Use ..................................................................................... 22 21.2. Internet - Prohibited Use .................................................................................. 22 21.3. Internet Privacy ................................................................................................ 22 21.4. E-Mail and Privacy .......................................................................................... 23 21.5. E-Mail Rules .................................................................................................... 23 21.6. Deletion of E-Mails.......................................................................................... 23 22. Workplace Safety .................................................................................................... 23 22.1. Emergency Procedures..................................................................................... 23 22.2. Safety Rules ..................................................................................................... 23 22.3. Security ............................................................................................................24 23. Potentially Disruptive Behavior .............................................................................. 24 23.1. Inappropriate Language ................................................................................... 24 23.2. Cameras and Recording Devices ..................................................................... 24 23.3. Pranks and Practical Jokes ............................................................................... 24 23.4. Inattentive Behavior ......................................................................................... 24 24. Substance Control ................................................................................................... 24 24.1. Substance Abuse .............................................................................................. 24 24.2. Smoking ........................................................................................................... 25 24.3. Use of Alcohol ................................................................................................. 25 25. Seriously Negative Behavior .................................................................................. 25 25.1. Fighting ............................................................................................................ 25 25.2. Harassment ....................................................................................................... 25 25.3. Weapons in the Workplace .............................................................................. 26 25.4. Workplace Violence ......................................................................................... 26 25.5. Zero Tolerance Issues ...................................................................................... 26 25.6. Insubordination ................................................................................................ 27 26. End of Employment……………………………………………………………….27 26.1. Separation From Employment ......................................................................... 27 26.2. Exit Interview................................................................................................... 27 26.3. Final Paycheck ................................................................................................. 28 26.4. Resignation ...................................................................................................... 28 26.5. Terminations .................................................................................................... 28 26.6. Severance Pay .................................................................................................. 29 26.6.1 No Severance Pay……………………………………………………………29 26.7. COBRA Coverage ........................................................................................... 29 26.8. HIPAA Statement ............................................................................................ 30 26.9. Reference for Former Employees .................................................................... 30 iv 1. Policy Administration Artisan Builders Guild is the creator of this Employee Manual. They will also be known as the “Employer”, “the Company”, or as “ABG”. 1.1. Notice Regarding Employee Manual The policies in this manual are to be considered as guidelines. No provision of this manual or any other organization Human Resources Policy Manual is an employment contract or any other type of contract guaranteeing continued employment for any employee. ABG maintains flexibility in administering policies and procedures, and reserves the right to change or revise policies and procedures without notice when such action is deemed necessary. Any such action shall apply to existing as well as future employees with continued employment being the consideration between the employer and employee. Employees may not accrue eligibility for monetary benefits they have not earned through actual time spent at work. Employees shall not accrue eligibility for any benefits, rights, or privileges beyond the last day worked. No one other than the CEO of ABG may alter or modify any of the policies in this manual. No statement or promise by a supervisor, manager, or department head may be interpreted as a change in policy nor will it constitute an agreement with an employee. Should any provision in the Employee Manual be found to be unenforceable and invalid, such finding does not invalidate the entire Employee Manual, but only the subject provision. 1.2. Purpose of Employee Handbook This manual has been prepared to inform you about ABG's employment practices, and policies, as well as the benefits provided to you as a valued employee and the conduct expected from you. We expect you to understand all of the items covered in this handbook and apply your knowledge to the tasks that you perform in the course of your employment. No employee manual can answer every question, nor do we want to restrict the normal question and answer interchange among us. It is through our person-to-person conversations that we can better know each other, express our views, and facilitate working together in a harmonious relationship. The section of this Handbook that follow will set specific expectations for all of our employees. While we try to be clear and provide adequate detail on each policy, we understand that the sections often only summarize Company practices. You should not hesitate to look to your supervisor or for additional explanation. It is important for every employee to understand that NOTHING IN THIS HANDBOOK IS A CONTRACT OR PROMISE. The policies can change at any time, for any reason, without notice, at the sole discretion of ABG. If and when provisions are changed, you will be given replacement pages for those that have become outdated. We ask that you read this manual carefully, and refer to it whenever questions arise. We hope this manual will help you feel comfortable with ABG and our company policies. We depend on you -- your success is our success. Please don't hesitate to ask questions. Your manager will gladly answer them. We believe you will enjoy the ABG work environment, your job, and your fellow employees. We also believe you will find ABG an excellent place to work. 1 1.3. Receipt and Acknowledgement Handbook Acknowledgment Form By signing this form, I acknowledge that I have received a copy of the ABG's Employee Handbook. I understand that it contains important information about the Company's policies, that I am expected to read the Handbook and familiarize myself with its contents, and that the policies in the Handbook apply to me. I understand that nothing in the Handbook constitutes a contract or promise of continued employment and that the Company may change the policies in the Handbook at any time. By signing this form, I acknowledge that my employment is at will. I understand that I have the right to end the employment relationship at any time and for any reason, with or without notice, with or without cause, and that the ABG has the same right. I acknowledge that neither ABG nor I have entered into an employment agreement for a specified period of time, that only ABG's CEO may make any agreement contrary to the at-will policy, and that any such agreement must be in writing, signed by myself and ABG's CEO. ______________________________ Signature ______________________________ Date WALTER JONES ______________________________ Signature ______________________________ Date ______________________________ Employee’s Name (Print) The signed original copy of this agreement should be given to Human Resources -- it will be filed in your personnel file. 2 2. Terms of Employment 2.1. At Will Employment All employment and compensation with ABG is "at will" which means that you are able to resign from your position at any time, and for any reason or no reason, without any further requirements or recrimination. It also means that the company is free to terminate employment at any time and for any reason or no reason, without any notices—with or without cause, except as otherwise provided by law. Notwithstanding the above, New Jersey has a ―public policyǁ‖ exception. That is, it is illegal for an employer to terminate an employee for refusing to break the law on behalf of the employer. State courts have recognized the concept of an ―implied contractǁ‖ exception to the at will employment concept; that is, courts have found contractual obligations in an employer’s expressed oral or written assurances that employees would only be discharged for cause. Assurances may include oral promises or guidelines found in handbooks. No part of this employee handbook constitutes, in any way, a contract or promise or guarantee of continued employment. It is not possible for any Company manager to authorize a change in an employee’s ―at willǁ‖ status or to contract with any employee for terms of employment in violation of this ―at willǁ‖ policy without specific written consent and approval of the hiring contract by ABG’s CEO. 3. Hiring Guidelines 3.1. Probationary Period All newly hired regular Office/Service employees are placed in a three-month probationary status. During this time, supervisors will work closely with employees, evaluating their performance and suitability for the position. All employees are formally evaluated at the end of this period to determine their proficiency in their position and acceptability as a permanent employee. After satisfactory completion of the probationary period, they will automatically become a regular employee of ABG. Should employees fail to successfully complete the probationary period, they may be terminated or the probationary period may be extended for up to an additional six months. No more than one extension may be granted. All new Managerial/Professional employees may serve a probationary period at the discretion of the hiring supervisor. Employment continues to be "at will" and successful completion of the probationary period does not guarantee continued employment. 3.2. Americans with Disabilities Act We are committed to complying fully with the Americans for Disability Act (ADA) and ensuring equal employment opportunity for qualified individuals with disabilities. All of our employment policies, practices and activities are conducted on a non-discriminatory basis. Our hiring procedures have been designed to provide persons with disabilities meaningful employment opportunities. Pre-employment inquiries are made only regarding an applicant’s ability to perform the essential duties of the position. Reasonable accommodation is available to all disabled employees where their disability affects the performance of essential job functions. All employment decisions are based on legitimate business reasons, not the disability of the individual. Qualified individuals with disabilities are entitled to equal pay and other forms of compensation as well as equality in job assignments, classifications, organizational structures, position 3 descriptions, benefits, lines of progression, and seniority. Leaves of all types are available to all employees on an equal basis, subject to the provisions of each leave program. Additionally, we do not discriminate against any qualified employee or applicant because they are related to, or associate with, a person with a known or perceived disability. 3.3. Employment of Minors ABG requires that all newly hired employees under the age of 18 provide a valid work permit, high school diploma or acceptable equivalency, prior to their first day of employment. This requirement may be expanded or amended to comply with specific laws of the state where the individual is employed. ABG will be restricted by the terms and conditions of the work permit and any and all federal, state and local laws and regulations. 3.4. Equal Opportunity ABG will recruit, hire, promote, transfer, train and make all other employment decisions without regard to race, color, religion, sex, age, national origin, ancestry, pregnancy, disability, veteran status, or any other protected status. We do not and will not permit employees to engage in unlawful discriminatory practices, sexual harassment, or harassment based on race, color, religion gender, national origin, ancestry, pregnancy, age or disability. Employees and their work environments should be free from all forms of unlawful harassment and intimidation. Harassment based on an individual's race, color, religion, gender, national origin, ancestry, age, or disability is strictly prohibited. We will promptly investigate any allegation of harassment and, if it is determined that harassment has occurred, will take appropriate disciplinary action, up to and including discharge of the offending employee(s). Harassment is verbal or physical conduct that denigrates or shows hostility toward an individual because of his/her race, color, religion, gender, national origin, ancestry, age, or disability, and that creates an intimidating, hostile, or offensive working environment. Harassment may include, but is not necessarily limited to: epithets, slurs, jokes, or other verbal or physical conduct relating to an individual's race, color, religion, gender, national origin, age, or disability. Sexual harassment consists of unwelcome sexual advances, requests for sexual favors and other verbal or physical conduct of a sexual nature that creates an offensive or hostile work atmosphere. Behavior of this nature is unprofessional and can distract employees from performing their job functions. Therefore, any form of unlawful harassment, including unwelcome sexual advances, requests for sexual favors, or verbal or physical conduct that has sexual connotations will not be tolerated. (Such behavior by vendors and other non-employees who have reasons to be on work premises or who otherwise have dealings with our employees also will not be tolerated). Any employee who believes that he or she is being sexually harassed or harassed on the basis of race, color, religion, gender, national origin, ancestry, pregnancy, age, or disability should promptly take the following step: Go to your immediate supervisor and, orally or in writing, state the specific details of the harassing behavior. If you so desire, you may report the behavior directly to Human Resources or to any other manager. Our policy is to listen to all reasonable complaints, investigate with due regard for confidentiality, and quickly take appropriate action to end any harassing behavior. Actions taken against employees committing harassment will depend upon the situation. 3.5. Criminal Background Check ABG conducts a criminal check on all employees, whether full-time or part-time. Criminal convictions can be grounds for disqualification from a job, but does not automatically disqualify a candidate from consideration. Depending on the nature of the position, the violation, and the age of the candidate when the crime occurred, the candidate can still be considered for a job. Conversely if the candidate tries to hide any information pertaining to the conviction or falsifies their application then they will be disqualified from any position within the company. 4 4. Hiring Procedures 4.1. Immigration Law Compliance In compliance with the Immigration Reform and Control Act of 1986, you were asked, as a condition of employment, to complete the Employment Eligibility Verification "Form I-9" and present documentation establishing your identity and employment eligibility. ABG will hire only those individuals who are authorized to work in the United States. You will not be allowed to continue work at ABG unless this form and related documentation are delivered to Human Resources within three days of your start. If you are working on a temporary work permit, it is your responsibility to renew that permit or your employment will end on the last day you are legally able to work in the United States. If, however, you are unable to obtain the assistance that you need to complete this permit renewal, contact your immediate supervisor or Human Resources. 4.2. New Employee Orientation All employees will be scheduled for a general orientation session that will occur on their first or second official day of work with the company. This meeting will be conducted by a representative of our Human Resources staff and will provide information and guidance with respect to our policies and procedures. You will also be asked to complete paperwork and forms relating to your employment, such as tax withholding forms, emergency contact forms, and benefits paperwork. This is an informal session and you are encouraged to ask questions. It is important to your success that you understand company procedure, so ask about any aspects that may be unclear. If questions arise after the orientation session, you can bring them up with your immediate supervisor or with . 4.3. Job Descriptions ABG believes that employees are more productive when they have a clearly defined job and understand what is expected in their role with the company. Each position in the company shall have a written Job Description kept on file in the Human Resources department. A copy of the Job Description for each employee will be provided to the employee and kept in the employee's personnel file. While the intent of the company is to provide employees with clarity regarding their areas of responsibility, an employee may be requested to perform any duty that they are capable of doing. Such requests may represent a short term adjustment of job duties or may represent a permanent adjustment of job duties. The areas of responsibility for each employee may be changed in the best interests of the company. 5. Employee Classifications 5.1. Exempt and Non-exempt Employees Each employee is classified as either ―non-exemptǁ‖ or ―exemptǁ‖ based on federal and state wage and hour law requirements. Non-exempt employees are paid on an hourly basis and are entitled to overtime pay at the rate of one and one-half times the regular rate of pay for all hours worked in excess of 40 in a workweek. Exempt employees are paid on a salary basis and are not eligible for overtime pay. A general description of the categories is as follows: Salaried Exempt: Positions of a managerial, administrative, or professional nature or for outside sales, as prescribed by federal and state labor statutes, which are exempt from mandatory overtime payments. Salaried Nonexempt: Positions of a clerical, technical, or service nature, as defined by statute, which are covered by provisions for overtime payments. If you are uncertain as to your status, please contact your supervisor. 5 5.2. Full Time Employees At the time you are hired, you are classified as either full-time or part-time. Unless otherwise specified, the benefits described in this manual apply only to full-time employees. All other policies described in this manual and communicated by ABG apply to all employees. An employee who works at least thirty (30) hours per week is considered a full-time employee. If you were a full-time employee and have been on an approved leave of absence, upon return you will be considered a full-time employee, provided you return to work as agreed in the provisions of your leave. 5.3. Part Time Employees An employee who works less than a regular thirty (30) hour work week is considered a parttime employee. If you are a part-time employee, please understand that you are only eligible for certain limited benefits. The benefits to which you are entitled consist only of those specifically stated, unless required by provision of state and federal laws. Any benefit pay that you are eligible for will be based on the average number of hours worked per day (ex: 30 hrs/week = 6 hrs/day, such that a paid day off would be compensated at 6 hours of pay). 5.4. Temporary Employees A temporary employee is an employee hired for a period not exceeding three months. This would typically result from a special project, a seasonal workload or filling in for an employee who is on leave. A temporary employee is not entitled to regular benefits. An extension of a temporary work classification for an additional three-month period, or less, may be granted, if upon review by management, the assignment is clearly found to be necessary. A temporary employee may be full-time or part-time. In addition to the use of this classification for secretarial or clerical positions, it applies to students working parttime and those who work during the summer. No temporary employee can be changed to a permanent status without going through the normal hiring process. A temporary assignment can be terminated by the company at any time, even is a defined project has not been completed. 6. Human Resources Management 6.1. Anniversary Date The first day you report to work is your "official" anniversary date. Your anniversary date is used to compute various conditions and benefits described in this manual. 6.2. Open Door Policy ABG has an open door policy. Each employee deserves the right to communicate any suggestions, concerns or questions and each item deserves fair and honest consideration. Take your work-related concerns to your immediate supervisor. If you are not comfortable taking a specific issue to your supervisor, you can bring your concern to any company officer. 6.3. Personnel Files Keeping your personnel file up-to-date can be important to you with regard to pay, deductions, benefits and other matters. If you have a change in any of the following items, please be sure to notify Human Resources as soon as possible: Legal name Home address 6 Home telephone number Person to call in case of emergency Marital status Immigration status State and federal withholding forms Beneficiary on company sponsored Life Insurance 6.4. Performance Reviews It shall be the policy of the Company to monitor performance standards for all employees, to implement corrective action when non-compliance with these standards occurs and to identify opportunities for further growth or development. The purpose is to evaluate the employee as well as provide feedback and to establish each employee's career potential. Performance reviews include both periodic reviews and reviews that result from special circumstances. Special circumstance reviews may be limited to specific elements of an employee’s performance. Each employee shall be reviewed at least once every 12 months on or around his or her anniversary date. The Human Resources department will maintain a calendar for all employee reviews and will notify your manager about your annual review 30 days prior to your anniversary date. During the annual review the employee will receive a copy of the written review report and have the opportunity to discuss the review. A review may or may not include a salary adjustment. If a salary adjustment is awarded, it will take effect at the beginning of the next payroll period unless otherwise expressed. 6.5. Complaints and Grievance Procedures ABG encourages its employees to report any instance of inappropriate conduct in the workplace, including but not limited to workplace violence, illegal discrimination or sexual harassment. ABG also encourages the reporting of health and safety concerns as well as concerns about the company's internal accounting controls. Our grievance procedure is for employees to make initial complaints to their immediate supervisors. If for any reason you are uncomfortable talking with your supervisor or manager, contact in the Human Resources department or any other company officer. The complaint will be reviewed at the appropriate level of management. Complaints about seriously negative behavior will trigger a complete investigation. Investigations will be conducted in an impartial and confidential manner. When warranted by the results of an investigation, corrective action will be taken. You can raise a concern, make a report, or pursue a claim of harassment without fear of reprisal. 6.6. Problem Resolution Whenever a group of people work together for an extended period of time, problems and misunderstandings can occur. Employees should ordinarily attempt to resolve any problem with co-workers informally by communicating their concerns directly to the individual. In most circumstances, problems among employees can be resolved between the individuals through open communication and consideration. In cases where direct communication has not resolved the problem or an employee is uncomfortable dealing with the issue directly, employees may follow the procedure listed below. Your supervisor is the first person with whom you should discuss any questions or problems that arise in your work. However, if you feel you cannot discuss your particular problem 7 with your supervisor, you may seek the assistance of any member of management. Your supervisor or a member of management selected to assist in resolving the problem will consult with management and attempt to reach an equitable solution for all parties. If the employee is not satisfied with the solution reached by the parties involved, at this stage, he/she may request that higher management personnel hear the problem. If you have any questions, please contact ABG in the Human Resources department. 7. Employee Privacy Issues 7.1. Confidential Information From time to time you may have access to confidential information related either to our clients or ABG. If you use confidential information in an unauthorized manner, you will be subject to disciplinary action up to and including termination. If in doubt as to whether information should be divulged, err in favor of not divulging information and discuss the situation with your supervisor. For purposes of this policy, confidential information includes, but is not limited to: All trade secrets, proprietary information and technical know-how, customers, customer lists, business systems, future plans, pricing, marketing plans or financial information, corporate documents, reports, policies, payroll or salary information. Confidential information may not be removed from your work location without express authorization. Confidential information obtained during or through employment with ABG may not be used by any employee for the purpose of furthering current or future outside employment or activities or for the pursuit of any personal gain or profit. ABG reserves the right to avail itself of all legal or equitable remedies to prevent impermissible use of confidential information or to recover damages incurred as a result of the impermissible use of confidential information. Upon employment, termination, or a condition of continued employment, you may be asked to sign a Confidentiality Statement that you will not use confidential information in an unauthorized manner, whether or not you created the material. 7.2. Medical Records ABG may come into possession of employee medical records, particularly in relation to its health insurance plan or accidents or illnesses that affect the workplace. The company recognizes the need to keep employee medical information both confidential and secure. Those records are not kept in the general personnel file so that access is more strictly limited. 7.3. Employee Data and Confidentiality There is information in your personnel file and in other company databases that is personal in nature. There is also information in company files that could cause financial harm if it were accessed by persons with intent to cause such harm. The company keeps such information in a secure location and permits access only to those with a legitimate need to know. 7.4. Employee Privacy in the Workplace ABG does not grant its employees a right to privacy within the workplace. Company officials reserve the right to search the workplace at any time to ensure safety and compliance with company policy. Such search may include, but is not limited to, offices and other work spaces, desks and cabinets, storage areas and lockers as well as any personal property such as briefcases, purses and backpacks that is brought into the workplace. Any desk or locker that is locked must be accessible to company officials, meaning that company officials must be provided with copies of keys or combinations used in 8 conjunction with locks. 8. Work Schedule 8.1. Business Hours Our regular operating hours are 8:00 A.M. to 5:00 P.M. Monday through Friday, Eastern Time. Phones are answered during regular office hours. While we have outlined normal work hours, it should be understood that our hours must be flexible to accommodate variations in the volume of work or special events. Therefore, we occasionally may require hours longer than normal or additional work on Saturdays, Sundays or holidays. Employees may be assigned one of the following standard forty (40) hour schedules: 7:00 A.M. to 4:00 P.M. 8:00 A.M. to 5:00 P.M. 8:30 A.M. to 5:30 P.M. 9:00 A.M. to 6:00 P.M. 8.2. Meals and Rest Breaks Nearly all employees are entitled to a 15 minute break for rest twice each day, spaced approximately evenly throughout the work period. Employees are also entitled to a 30 minute unpaid break for meals during each work period. Employees who are age 18 and under are entitled to breaks of at least 30 minutes, after they have worked five hours. Shorter breaks shall be deemed as paid work time. All breaks may be scheduled at staggered times to allow department coverage. 8.3. Tardiness ―Tardinessǁ‖ and ―leaving earlyǁ‖ are defined as time lost during the actual workday due to late arrival or departure before the end of the shift. Tardiness is defined as being late more than one minute past the start of an employee’s shift. Should the incidence of either tardiness or leaving early become excessive, the offender will be subject to discipline, including verbal or written warnings, possibly leading to termination of employment. It is expected that each employee be in the office or in the field during the hours of operation. If any employee is sick or will be running late, it is the employee's responsibility to notify their manager to inform them of the situation. If you become ill or find it necessary to leave the office or the field during normal business hours, please notify your manager. 8.4. Inclement Weather Sometimes it may be necessary to close company facilities or operations due to inclement weather. Please check your voice mail before coming to work to be informed of the latest office closings or delayed openings. Certain key employees may be expected to report to work or may be able to work remotely. Where there is no official office closing, but an employee is unable to report to work because of severe weather conditions, the employee may be permitted to make up the work within the work week or to charge the absence to accrued vacation if accrued vacation is available to the employee. An employee unable to report to work as scheduled should notify his/her manager not later than thirty (30) minutes after regular reporting time. 8.5. Time Sheets Certain of the companies operations require hourly employees to use a time sheet to record 9 their presence on the job. Employees are instructed to mark their time sheet when their shift is scheduled to start and again when their shift is scheduled to end. They should also mark their sheet upon leaving their work area for a meal break and upon returning from the meal break. Punching in early or punching out late is only permitted when an employee is requested by their immediate supervisor to begin work before the scheduled start of their shift or continue work after the scheduled end of their shift. Employees are not permitted to mark a time sheet for any other employee. 9. Payroll Mechanics 9.1. Garnishments A garnishment against your wages is an order from a court or other government authority instructing that we withhold funds from your pay and remit those funds to the person or agency named in the order. Garnishments can result from amounts owed to the government or from judgments in a civil proceeding. If the company receives an instruction to garnish your wages, you will be notified. We are required by law to comply with offices orders for garnishment. If you disagree with the order, your only recourse is back to the court or agency that issued the order. According to the Federal Wage Garnishment Act, the company cannot terminate your employment because a garnishment for a single debt, but is not prohibited for taking such action in the event of garnishment for more than one debt. 9.2. Mandatory Payroll Deductions ABG is required by law to make certain deductions from your paycheck each time a paycheck is prepared. Among these are your federal and state income taxes, your contribution to the Federal Social Security and Medicare programs as required by law, and contributions to state insurance funds that are required in some states. These deductions will be itemized on your check stub. The amount of the deductions may depend on your earnings and the information you furnish on your Federal W-4 and corresponding state forms regarding the number of dependents/exemptions you claim. Any change in name, address, telephone number, marital status or number of exemptions must be reported to Human Resources immediately, to ensure proper credit for tax purposes. The W-2 form you receive after the close of each year reports the exact amounts deducted to you and to the various government agencies. 9.3. Optional Payroll Deductions Optional deductions typically include deductions that start with an employee enrolls in an insurance plan, a retirement savings plan, a credit union, etc. Optional deductions will be withheld from your paycheck for as long as you remain enrolled in such programs. Upon your withdrawal from the program, the deduction from your paycheck will cease. 9.4. Payroll Schedule 9.4.1. Semi-Monthly Payrolls are prepared every two weeks on Mondays. If either of these days falls on a weekend or holiday, payroll will be prepared on the preceding business day. Employees shall keep accurate and correct records of their time worked. Hourly employees are instructed to report their hours worked through a cutoff that is the Friday before the end of the payroll period. Pay prepared on Monday will therefore include hours worked through the previous Friday. Employees are encouraged to enroll in the company’s direct deposit program. After enrollment, the employee’s net pay will be deposited directly into the employee’s personal bank account and the employee will receive a receipt detailing the amounts paid. 10 9.5. Pay Advances 9.5.1. No Check Cashing ABG does not cash paychecks for employees. 9.5.2. Limited Pay Advances ABG limits both the availability and amount of pay advances. Pay advances may be requested in writing to the Human Resources department and may be approved or rejected in the company’s sole discretion based on the employee’s length of service and history of previous pay advances. In no event will the pay advance be equal to more than one week’s pay without CEO’s written approval. 9.6. Direct Deposit By request, you may have your paycheck directly deposited at a financial institution. The direct deposit is normally received by the financial institution on the morning of each payday. Authorization forms for direct deposit are available in the Human Resources department and are also usually provided to new employees during orientation. You can deposit your entire net pay or a portion of your pay to the account(s) of your choice. You can establish direct deposit with most banks and credit unions. You may want to check with your bank or credit union regarding forms. They may require you to establish a direct deposit plan. On payday, you will receive a complete pay stub showing information regarding gross and net pay, deductions, and sick and annual leave use and balances. 10. Compensation 10.1. Overtime Overtime is defined as work performed in excess of 40 hours in a week. The company prefers that all work be performed without a requirement for overtime, but every employee must be available for overtime work if company management concludes that overtime is necessary. OVERTIME MUST BE APPROVED IN ADVANCE. Managers shall ensure that "non-exempt" employees who report to work early or who remain after regular quitting time perform NO Company work which may result in additional compensation for overtime unless the manager has requested the work. Nonexempt workers who work overtime without permission are subject to disciplinary action. Any work schedule for non-exempt employees which requires more than 40 hours in a workweek, should be approved in advance. Non-exempt employees may not work overtime unless authorized to do so by their manager. Exempt employees are not paid for working beyond their regularly scheduled hours. Non-exempt employees will be paid at the rate of one and one-half times their regular hourly rate of pay for all time worked in excess of 8 hours in any one day and 40 hours in any one workweek. Overtime is never at the employee's discretion and must receive prior approval of the general manager. 10.2. Pay Docking Hourly employees are paid only for hours worked or for hourly pay earned under the company’s policies for vacation or holiday pay. Docking of pay for hourly workers is therefore not a relevant concept. Company policy generally prohibits docking the pay of an exempt employee, except in the 11 following circumstances: The employee is taking unpaid leave under the terms of a company policy that provides for unpaid leave · The employee takes time off for vacation, sick leave or similar absence in excess of the amount earned under the company’s written policies. · The employee receives pay for jury duty or similar excused absence, and only to the extent of such pay amount. · The employee is suspended for violation of standards of behavior. Hourly employees are paid only for hours worked or for hourly pay earned under the company’s policies for vacation or holiday pay. Docking of pay for hourly workers is therefore not a relevant concept. 11. Benefits-Insurance 11.1. Benefits Overview In addition to receiving an equitable salary and having an equal opportunity for professional development and advancement, you may be eligible for other benefits which will enhance your job satisfaction. ABG invests in employee benefits for the express purpose of improving the quality of life for its employees. We sincerely hope that you will take full advantage of the benefits that we offer. We also trust that you will avoid abusing any of the program's benefits. Employee benefits are intended to secure the loyalty of long-time capable employees, as well as to attract talented newcomers who can help the company grow. ABG will periodically review the benefits program and will make modifications. Modifications may be made either to provide the highest overall level of benefit practical or to control costs that change over time. Most of the company’s benefits are paid for by the company. Certain elective benefits, however, require an employee contribution. Employee contributions will be explained in full for each benefit that requires a contribution. Requirements for employee contribution may be amended from time to time. If the information in this handbook is different than the information contained in any of the plan specific documents, the plan documents shall be considered as the correct resource. Your supervisor can identify the programs for which you are eligible. 11.2. Eligibility to Benefits Benefits are offered to permanent full-time employees. Benefits eligibility is dependent upon a variety of factors, including employee classification. There are minimum requirements for eligibility for each category of benefit. These requirements are generally based on the length of continual employment with the company. Your supervisor can identify the programs for which you are eligible. Refer to the section of this manual that explains each benefit to see the specific requirements. The company generally does not provide benefits to part-time or temporary employees. Certain benefits such as holiday pay are provided to part time employees, but the amounts of the benefit are reduced to a pro-rata amount based on the number of hours worked per week. 12. Benefits - Other 12.1. Credit Union ABG does not participate at this time. 12 12.2. Employee Referral Programs ABG offers cash awards to employees for recruiting new employees. ABG decides on the amount of award and service time new employees must put in prior to the referring employee collecting an award. 12.3. Idea Incentive Awards ABG offers idea incentive awards to encourage employees to submit ideas which could save our company money, increase revenue, increase efficiency, improve customer service or improve safety. Suggestions must be original ideas not currently being implemented by ABG. Ideas that are considered part of an employee's regular job duties will not be considered for this program. In the event more than one employee submits the same idea, the employee with the earliest submission will be the one eligible to receive the award. The employee will be rewarded based on a scale of factors such as (1) upon implementation of the idea, (2) is the idea projected to save money over the long run, or (3) a lump sum award if it is a one time economizer. 12.4. Service Commendations ABG recognizes it employees with an award or appropriate gift at fifth anniversary and every five years thereafter in appreciation for their service in helping the company achieve its goals. Gifts can be anything such as writing instruments, books, luggage or watches. 13. Government Required Insurance Coverage 13.1. Social Security The United States Government operates a system of contributory insurance known as Social Security. As a wage earner, you are required by law to contribute a set amount of your weekly wages to the trust fund from which benefits are paid. As your employer, ABG is required to deduct this amount from each paycheck you receive. In addition, ABG matches your contribution dollar for dollar, thereby paying one-half of the cost of your Social Security benefits. The amount paid to you upon retirement from Social Security is also determined by the Social Security Act. 13.2. Unemployment Insurance ABG pays a percentage of its payroll to the Unemployment Compensation Fund according to its employment history. If you become unemployed, you may be eligible for unemployment compensation, under certain conditions, for a limited period of time. Unemployment compensation provides temporary income for workers who have lost their jobs. To be eligible you must have earned a certain amount and be willing and able to work. You should apply for benefits through your local State Unemployment Office as soon as possible. ABG pays the entire cost of this insurance. 13.3. Workers Compensation The state Workers' Compensation Law was designed to provide you with benefits for any injury which you may suffer in connection with your employment. Under the provisions of the law, if you are injured while at work, you are eligible to apply for Workers' Compensation. The cost of this coverage is paid totally by the company. This law Coverage begins the first minute you're on the job and continues anytime you're working for the company. All injuries, no matter how slight, must be reported immediately to your manager to assure consideration under Workers' Compensation Insurance, should complications develop later. This ensures that you will receive immediate medical care and that you are qualified for coverage as quickly as possible. You must use one of the panel physicians or your claim 13 will be denied. This requirement, as well as other state mandates, is printed on a Workers’ Compensation poster. Each time you visit your doctor, you must take a new ―Medical Reporting Formǁ‖ for your doctor to complete. Please return the form to your supervisor. If you have any questions regarding how to file a claim, please contact Human Resources. Workers’ compensation benefits may not be paid for injuries that occur during participation in any off-duty recreational, social, or athletic activity sponsored by our company. If you are using illegal drugs at the time of an accident your claim will be denied. 13.4. State Disability Insurance Some states maintain disability insurance plans for employees working in their state. If your employment is in a state with such a plan, your plan may provide you with a percentage of your salary while you are unable to work. All employees working in a covered state are eligible for this coverage and pay for it through deductions from their paychecks. To find out more about state disability insurance, contact . If you suffer from an illness or injury that is work-related, then you may be eligible for workers' compensation insurance rather than state disability insurance. 14. Time Off - Paid 14.1. Bereavement Leave Up to five (5) days of paid bereavement leave is available to regular employees (including probationary employees) upon the death of an immediate family member. Immediate family member is defined as the: · Employee's current spouse · Employee's or employee's current spouse's: · Children (including foster children and children under legal guardianship) · Grandchildren · Parents (including stepmothers and stepfathers) · Grandparents · Siblings (including stepsisters and stepbrothers) 14.2. Paid Time Off (PTO) Instead of offering separate vacation, sick leave, and personal days or floating holidays, our Company offers a paid time off ("PTO") program that combines all of these benefits. We believe this program will give employees the flexibility to manage their time off as they see fit. Employees may use PTO for sickness, for vacation, to attend a child's school activities, to care for elderly or ill family members, to take care of personal errands or business, or simply to take a day off work. After six (6) months Employees receive 5 PTO days to use. PTO days will expire on the day before Employee’s anniversary date. Employees will receive new PTO days each year on their anniversary date in as laid out below. Years of Employment Total Accrual (In Days Per Year) Date of Hire to 1 year 5 (after probationary period) 1 year through 3 years 10 4 year through 7 years 15 Starting after your first full year, you will accrue 10 days per year for years 1 through 3. 14 For years 4 through 7, you will accrue 15 days per year. 14.3. Holidays ABG will observe some federal holidays each year, and all employees will be off without pay. The actual dates are specified and published by Human Resources each year and distributed to all departments for posting. Examples include: · Independence Day · Thanksgiving Day · Christmas · New Years Day Employees may use PTO days to celebrate religious holidays. Employees are expected to alert their manager well in advance of any planned time off. 14.4. Sick Leave We ask that employees make every effort to notify their Manager or Human Resources representative prior to the start of their shift via voicemail or email if they will miss work for sick or personal leave reasons. 14.5. Time Off for Voting ABG encourages its employees to vote in national, state and local elections. Should the location and schedule of the polling place make it difficult for an employee to vote before or after their regular work schedule, the company will extend a reasonable period of time at the beginning or end of the shift for an employee to vote. Employees who need this accommodation should discuss the need with their supervisor, who will assist with schedule time for casting their vote. 14.6. Jury Duty ABG supports employees in fulfilling their civic responsibilities by serving jury duty when required. However, you must inform your supervisor of your jury summons as soon as possible so that arrangements can be made to accommodate your absence. And you will be expected to report for work during your jury service whenever the court schedule permits. Insurance benefits will remain in effect and unchanged for the full term of your jury duty absence. 15. Time Off - Unpaid 15.1. Family Medical Leave Please note: The Family and Medical Leave Act (FMLA) of 1993 provides opportunities for employees to take an unpaid leave of absence from work under certain conditions. The following provides an overview of FMLA; however, FMLA regulations and applications are complicated and they may not apply if the Company falls below the threshold for number of employees, which is generally 50. Employees facing a situation where an FMLA leave may be applicable are urged to contact Human Resources. A Human Resources Representative will be happy to speak with you to explain how FMLA may affect your situation; all such conversations are confidential. This policy is intended to comply with the Family and Medical Leave Act of 1993. To the extent that any provision in this policy is ambiguous and/or contradicts the Act, the language of the Act will prevail. Employees who have worked for ABG for at least twelve (12) months and worked 1250 hours during the previous twelve-month period may request up to twelve (12) weeks of 15 family and medical leave of absence (FMLA leave). The amount of FMLA leave available to an employee at any given time is measured by a "rolling" 12-month period, counted backward from the first day of each occurrence of an FMLA leave; no more than twelve (12) weeks of FMLA leave may be taken in any such rolling 12-month period. Employees may take a family and medical leave of absence for the: · Birth/care of their child. · Placement with the employee of a child for adoption or foster care. · Care of their child, spouse, or own parent with a serious health condition. · Employee's own serious health condition. A family and medical leave of absence is an unpaid leave of absence. However, employees may elect (but are not required) to use any portion of their accrued paid annual leave or sick leave, as appropriate, during the FMLA leave; any remaining weeks will be unpaid. A family and medical leave may also be taken intermittently or as a reduced work schedule under certain circumstances. When both spouses are employed by the ABG, they are limited to a combined total of twelve (12) weeks of FMLA leave during any rolling 12-month period for the birth/care of their child, placement of a child for adoption or foster care, or for the care of the employee's parent with a serious health condition. An employee wishing to apply for FMLA leave, or the employee's supervisor, should contact Human Resources to be advised of appropriate procedures and be provided necessary forms. Employees are asked to provide as much notice as possible for any "foreseeable" leave, such as for births, adoptions, or planned medical treatment. When a leave is not foreseeable, employees must provide notice as soon as possible and practical, but no later than two business days after the need for leave becomes known. The ABG must receive medical certification to verify a serious health condition; the 15.2. Unpaid Leave of Absence Occasionally, for medical, personal, or other reasons, you may need to be temporarily released from the duties of your job with ABG, but may not wish to submit your resignation. Under certain circumstances, you may be eligible for an unpaid leave of absence. Requests for a leave of absence must be submitted in writing to Human Resources no less than two (2) weeks before the leave of absence is to begin. Only after written approval from the CEO may the employee be considered authorized to take leave. In general, a leave of absence is an official authorization to be absent from work without pay for a specified period of time. Leaves are only granted in very special circumstances. To be eligible an employee must have 6 months of service as a full-time employee. Leaves are granted in increments of 30 days and cannot exceed 90 days. 15.3. Documentation for Medical Leave When employees are granted leave as a result of illness or other serious health condition, involving either themselves or a family member, the company reserves he right to request a certification from the attending physician with regard to the illness. The company also retains the right, at its expense, to request the opinion of a second physician. The company, in its sole discretion, may require that an employee provide documentation from the employee’s doctor that the employee is fit for duty before being allowed to return to work. 16 15.4. Military Leave Any salaried employee who is called to Military Duty will be paid the difference between their salary and their military pay for up to two weeks per year. Any time after that will be considered an unpaid leave of absence. Hourly employees will not be paid during Military Duty. An unpaid leave of absence is available to regular employees for service in the United States Armed Services, whether the performance of duty is voluntary or involuntary. Upon termination of a military leave, an employee is entitled to reinstatement privileges, provided the employee meets reinstatement requirements. 15.5. Reinstatement after Medical Leave Employees who return to work after an approved medical leave will generally have the right to return to their old position. However, that right to return is not absolute. For example, if the position is eliminated for reasons not related to the leave, then there is no right of reinstatement. Further, there is no requirement that the company reinstate a key employee – defined as an employee who is compensated in the top 10% of the workforce. 15.6. Time Off In Connection With Court Case ABG recognizes that an employee might be subpoenaed or otherwise required to serve as a witness in court cases or arbitrations. Employees called to testify will not be paid for the time they are away from work as a result of their participation in a court case or arbitration, but may use available vacation and personal days to cover their time away from work. Absence as a result of participation in a court case or arbitration will be treated the same as absence for any other reason and employees must comply with the company's policy regarding attendance. If you are called to serve as a witness, notify your manager as soon as possible. 16. Company Property 16.1. Company Cars Company vehicles are intended for use on company business. Employees may be granted authority to use company vehicles, either: · Only during work hours, with the vehicle being returned to the assigned company location at the end of the work day · With permission to use the vehicle for commuting and store the vehicle at their residence. Prior to authorization, a copy of your valid state issued drivers license must be on file in Human Resources. Upon receiving authorization to use a company vehicle, you will be told which provision applies. In either case, the employee is expected to be a good steward of company property. The vehicle must be kept clean and in proper operating condition. Please remove all trash and personal items when you business in the vehicle is complete. Report any accidents or mechanical problems to the company’s fleet manager as soon as possible to avoid further risk of damage. Speeding or use of drugs or alcohol represent great risk to the safety of our employees and others, and will not be tolerated. No one other than an authorized employee of the company should be permitted to drive a company vehicle. 16.2. Company Property The company provides its employees with the equipment and supplies necessary to accomplish their jobs. The use of personal equipment and tools is encouraged. Use of company equipment and supplies is restricted to company business. Use of company equipment for personal matters or misuse of company equipment causes premature 17 depreciation and will not be tolerated. Any defective equipment, especially equipment that might cause a safety hazard or equipment that is causing impaired productivity should be reported immediately to management. 16.3. Personal Use of Company Telephones The company’s telephone system is intended for business use only. The company does recognize the necessity of personal calls during the work day; however, personal calls must be kept to a minimum. Calls should be brief and should not interfere with the performance of your duties. 16.4. Return of Company Property Any company property issued to you, such as: · Product samples · Tools · Computers · Cell phones · Keys · Parking passes · Equipment · Other must be returned to a company official at the time of your separation. We reserve the right to withhold from your check or final paycheck the cost of any items that have not been returned when required. We may also take whatever action is deemed appropriate to recover or protect our property. 16.5. Company Cell Phones Company cell phones are intended for use on company business. The company does recognize that employees will receive calls that may not be related to company business and may have the need to make occasional personal calls. While such calls are not prohibited, they should be minimized. International calls are strictly prohibited unless on official company business. Prior to utilizing a company cell phone internationally, an employee must confirm the authorized terms of use with an authorized manager in the accounting department. 16.6. Parking Parking will be discussed on a job-by-job basis. Please ask your manager should you have any questions. 17. Expense Reimbursements 17.1. Expense Reimbursement Employees should generally not incur expenses on behalf of the company. The company will contract directly with the vendors who supply its materials or services. There will occasionally be a situation that requires direct procurement of goods or services by an employee. Employees must make a bona fide attempt to reach a company officer for approval before making the expenditure. Employees should submit an expense report, supported by receipts, within 30 days after incurring an expense. 17.2. Expense Reports The company’s accounting department will provide an expense report form that employees 18 can use to request reimbursement for travel expenses or other expenses incurred on behalf of the company. The form has been designed to capture the information necessary for complete and accurate accounting by the company. Employees can utilize the form provided or create their own form that presents the same level of detail and explanation. Original receipts must be attached to the request for reimbursement. Expense reports must be signed by the employee requesting reimbursement and by their department head. All expense reports must be submitted within 30 days after incurring the expense. 17.3. Travel Reimbursement The company will reimburse employees for authorized travel on official company business. Authorized travel expenses include: · Transportation to and from the airport or other public transportation to the business destination · Parking fees at the airport or depot · Coach class tickets on airplane, train or bus · Mileage reimbursement if a personal vehicle is used in lieu of public transportation · Cost of lodging either in route or at the business destination · Cost of meals while away from home · Taxi or rental car in the remote location All business expenses must be reasonable and prudent. All expenditures other than local transportation, hotel tips and meals under $10 must be supported by a receipt. Lavish or excessive expenses are grounds for disciplinary action. 18. Appearance Standards 18.1. Dress Code and Appearance ABG does not have an official dress code. However, it is expected that each employee use good judgment and wear appropriate attire for their work environment. Appropriate dress may vary on days that an employee has direct contact with customers, vendors or the general public. The company will make reasonable efforts to accommodate dress requirements that result from an employee's religion, ethnicity or disability. Any employee determined to be dressed inappropriately, at management's discretion, may be sent home without pay, to change. Examples of inappropriate clothing include but are not limited to: · t-shirts with other company logos · hats with other company logos 18.2. Grooming Standards Your personal hygiene is an important factor in the successful execution of your job assignments. Employees are expected to be neatly groomed. Appropriate hygiene includes regular bathing and regular use of deodorants. No open sores should be visible. 18.3. Uniforms Certain job positions require that employees wear uniforms. Uniforms may be completely issued by the company or may include elements of an employee’s own personal clothing. When elements of personal clothing are included as part of a uniform, the specifications will be provided by your supervisor. Each uniform is expected to meet the specifications included in the official uniform description. If the uniform includes accessories, those 19 accessories are expected to by worn at all times. No accessories other than those included with the uniform are allowed to be worn with the uniform. 18.4. Safety Wear and Equipment When appropriate, ABG employees are expected to wear and/or use the proper safety equipment. This includes but is not limited to: proper footwear, hearing protection, head gear, gloves, and eye protection. Employees are expected to exercise proper judgement when choosing to use appropriate safety wear. All decisions to use safety wear or not is at the employees own risk. 19. Behavior Standards 19.1. Behavior in the Workplace Rules of conduct for employees are intended to promote the orderly and efficient operation of the company, as well as protect the rights of all employees. Violations, therefore, shall be regarded as cause for disciplinary action. These rules are published for the employees' information and protection. Ignorance of work rules is not an acceptable excuse for violation. It is each employee's responsibility to know the rules and abide by them. These rules are not all-inclusive, and other regulations may exist. Employees are expected to know and abide by these rules as well. Circumstances may arise that are not covered by specific rules, but which should be governed by general principals of ethical conduct. Treatment of other employees, customers or vendors should be handled with patience, consideration and courtesy. 19.2. Your Friends in the Company's Workplace Employees should exercise caution in interactions with personal friends in the workplace. The potential for embarrassing situations exists and requires maturity and good judgment to keep that potential under control. Your interactions with friends in the workplace should be first governed by the principal that your friends should not distract you from the performance of your duties. Employees should not receive unnecessary calls while on the job and no one who is not an employee of the company is permitted inside the company facilities after business hours. 19.3. Personal Blogs Some employees choose to express themselves through written articles, either in traditional publications or using a personal web blog. Should you choose to express yourself in this manner, you should be cautious about any reference to our company or use of the blog to violate the rights of the company or any of its employees. Should your blog make reference to your status as a company employee, the article should make it clear that any opinions expressed are yours and not attributed to the company. If an employee blog makes defamatory comments about the company or reveals company trade secrets, the company will take appropriate legal action against the employee. If an employee blog makes threatening or offensive statements, the company will view those statements as grounds for termination. 19.4. Following Instruction All employees are expected to carry out the duties that they are assigned. Following instruction is an important part of your job. Should you not completely understand the instructions provided by your supervisor, it is important that you ask for clarification. You should approach your job with a positive attitude, leaving any personal problems outside the workplace. If you have personal problems that are hurting your job performance, you should discuss them with your supervisor or with your Human Resources representative. 20 19.5. Attendance Regular and prompt attendance is expected, because it is essential to your success and to the success of the organization. Absences disrupt business and put an added burden on coworkers. If you are unable to report for work as scheduled for any reason, you must personally notify your supervisor or manager as far in advance as possible before your reporting time. If you are absent because of illness, you must advise your supervisor or manager daily of your status and your expected date of return to work. If you are absent, you must call in within one-half hour from the opening of your shift. When calling in, you must talk directly with your supervisor. Should you expect to be absent more than one day and are unable to reach your supervisor directly, you must leave a number where your supervisor may contact you. You are expected to report your absence each day unless excused from doing so by your supervisor. Failure to call in will result in disciplinary action. If you are out three consecutive days without calling in, it will be understood that you have voluntarily quit your job and therefore, have resigned. An employee who needs time off during the workday to attend to personal matters should make arrangements with his/her supervisor. Depending upon the work load and scheduling needs, time off may be granted if the employee agrees to make up the time during that work-week. You may be asked to provide medical or other documentation substantiating your need to be out of work. 19.6. Customer Service Our employees are expected to understand that without our customers, we have no business. We expect every employee to be friendly and considerate in their interaction with customers and to be attentive to the needs of customers. You must take genuine pride in providing the customer with consistently high quality products and service. 20. Restrictions on Conduct 20.1. Outside Employment Full-time employees are expected to devote their workday efforts to the job for which they were hired. Thus, some restrictions have been placed on outside employment and the pay received for that work. The company will restrict activities that could detract from an employee’s ability to execute their primary duties or that could compromise the company’s competitive position. Policy with respect to outside employment varies with each employee group. For details on what rules apply to you, contact your supervisor or Human Resources representative. 20.2. Conflicts of Interest The following constitutes a conflict of interest with your employment at ABG: Simultaneous employment with another firm or company which is considered to be a competitor. · Holding a substantial interest in or managing a firm with which ABG transacts business without prior approval. · Transacting ABG business with a firm partially owned by an employee without prior written approval. · Accepting excessive gifts, entertainment or services from customers or suppliers. · Freelance work with a competitor. · Otherwise using ABG resources for personal gain. 21 If your financial situation requires you to hold a second job, part-time or full-time, we would like to know about it. Before accepting any outside employment, you must discuss the matter with Human Resources. 20.3. Gratuities Employees of ABG may not offer to give, or accept a gift, cash or other item of value including personal service from an existing or prospective customer, supplier, or a representative of either in pursuance of business or in conjunction with negotiating business on behalf of this company. Expenses for meals as part of a seminar, convention, or business meeting are not within the definition of gratuities for purposes of this policy. Invitations extended by a customer or supplier to participate in any program or activity, such as a party or football game may be accepted. This policy does not apply to gratuities offered by customers to employees in positions where tips are customary. 21. Internet and E-Mail 21.1. Internet - Personal Use ABG maintains Internet access on its computer networks for communication of information necessary to conduct company business. Employees are expected to treat the company’s Internet resources as company property. Use of the company’s Internet resources for personal purposes should be kept to a minimum and must not interfere with employee’s ability to complete their assigned duties. Any employee who engages in excessive Internet use will be subject to disciplinary action. 21.2. Internet - Prohibited Use Employees have access to the Internet on the company’s computer network. Personal use of the company’s Internet connection is covered separately. This policy applies to use generally, whether for personal or business purposes. The Company will not tolerate any use of the Internet that could cause harm to the company, any of its employees or anyone else. Employees will not visit the following types of website: · Sites that feature pornography · Sites that host online gambling activities · Sites that present violent images · Sites that are otherwise inappropriate for the workplace Employees will not use company resources to conduct solicitations, run an outside business, or conduct other activities for personal gain. Employees will not use company computer systems to download software or other published material in violation of copyright laws. Employees will not use company computer systems to download any computer program without the approval and supervision of the company’s Network Administrator. 21.3. Internet Privacy No employee should expect their use of the company’s Internet resources to be private. The company reserves the right to monitor Internet activity, including using tracking procedures to determine the amount of time spent visiting web sites and logging web sites may have been visited. The company may implement other procedures or technology to monitor Internet usage or restrict Interest usage that is potentially detrimental to the company. 22 21.4. E-Mail and Privacy ABG maintains Internet resources for the conduct of official company business. That said, it is impossible to preclude the receipt of personal e-mail messages on the company’s network and it would be impractical to prohibit the use of an employee’s company e-mail account for general correspondence. It is our policy that use of the company’s e-mail system for personal messages be conducted outside of normal business hours, and that the content of messages not include material that presents potential liability to the company or is offensive in the opinion of company management. No employee has a right to expect their e-mail communications to be private. E-mail messages sent or received on company equipment are the property of the company, and the company has a right to monitor all e-mail correspondence on its systems. 21.5. E-Mail Rules E-mail messages are subject to company policies governing rules of conduct and behavior. Messages sent through the company’s servers are a reflection on the company and must be professional in both tone and content. The company strictly prohibits the use of threatening language, obscenities, discriminatory language, or the transmission of messages to contemplate illegal activity or the infliction of personal or financial harm. 21.6. Deletion of E-Mails Company e-mail servers are used to store e-mail messages in a manner similar to the storage of paper documents in correspondence files. The company’s Network Administrator will from time to time provide instructions on the methods to be used to archive messages and manage the number of messages actually stored on the e-mail servers. Messages that do not need to be archived should be deleted within two weeks of receipt. Each employee is expected to understand and comply with such instructions. 22. Workplace Safety 22.1. Emergency Procedures Every employee should know what to do in the event of an emergency. Should you observe an accident with serious injury, fire or threat of violence, you should IMMEDIATELY call 9-1-1. In the event of a fire, earthquake or other physical threat, your first priority should be your own safety. Be knowledgeable about the evacuation routes that are available. Should you hear a fire alarm, exit the building in an orderly manner. The company maintains certain emergency supplies and all employees should know where those supplies are located. Emergency supplies include fire extinguishers, first aid kits and flashlights placed in locations throughout the facility. 22.2. Safety Rules Safety is everybody's business. Safety is to be given primary importance in every aspect of planning and performing company activities. We want to protect you against injury and illness, as well as minimize the potential loss of production. Please report all injuries (no matter how slight) to Human Resources immediately, as well as anything that needs repair or is a safety hazard. Below are some general safety rules. · Report to your manager or Human Resources if you or a co-worker becomes ill or is injured. · Ask for assistance when lifting heavy objects or moving heavy furniture. · Make use of any prescribed protective gear, such as masks, goggles or hard hats whenever such equipment is recommended. 23 · Keep cabinet doors and file and desk drawers closed when not in use. · Avoid wearing dangling jewelry near equipment. · Turn coffee pots off when not in use, at the end of the day, or when pots are empty. 22.3. Security Maintaining the security of the company's premises is every employee's responsibility. Develop habits that insure security as a matter of course. For example: Always keep cash properly secured. If you are aware that cash is insecurely stored, immediately inform the person responsible. · Ensure that all visitors have been registered with the receptionist and are property escorted · Know the location of all alarms and fire extinguishers, and familiarize yourself with the proper procedure for using them, should the need arise. · If you are the last person to leave the company's premises for they day, make sure that all entrances are properly locked and all security alarms are armed. 23. Potentially Disruptive Behavior 23.1. Inappropriate Language The use of inappropriate language by employees will not be tolerated. This prohibition applies while employees are on company property or while they are otherwise conducting company business. Inappropriate language includes, but is not limited to: · Vulgarity · Threatening language · Abusive language · Discriminatory language 23.2. Cameras and Recording Devices The Company prohibits its employees from bringing recording devices into the workplace. Recording image of company property or company employees while on the job will only be permitted under the strict supervision of company officials. This rule applies to the use of camera, video cameras and audio recording equipment. Cell phones that are common among employees often have such recording capabilities in addition to their primary function as a telephone device. The company does not prohibit bringing these cell phones into the workplace, but it does prohibit the use of their recording capabilities while in the workplace. 23.3. Pranks and Practical Jokes The company expects its employees to behave in a mature and professional manner. Pranks and practical jokes are disruptive and potentially dangerous and will not be tolerated. 23.4. Inattentive Behavior Employees are expected to be alert and attentive during their work shifts. Inattentive behavior hurts productivity and poses significant safety risks. Employees who are inattentive or sleeping on the job will not be allowed to remain in the workplace and are subject to disciplinary action. 24. Substance Control 24.1. Substance Abuse ABG is committed to providing its employees with a drug-free workplace. Violating this policy may result in termination. We will not tolerate and will consider a dischargeable offense an employee’s use, sale, 24 transfer, possession, purchase, distribution, offer to sell or buy, trafficking, transportation, or the presence in the body, of the following on company property, or while performing company business: · unauthorized alcoholic beverages · illegal drugs or controlled substances · equipment related to illegal drugs or controlled substances · hallucinogens We reserve the right to conduct a drug test of an employee upon reasonable suspicion, after an on-the-job injury or accident involving damage to company property, and after the employee returns to work from a medical leave of absence. Employees shall not use controlled substances and are encouraged to seek drug counseling and rehabilitation to discontinue or prevent use of such substances. If an employee is convicted of a criminal drug offense, the employee shall notify Human Resources within five days of the conviction. To the extent practical, this information will be kept confidential. 24.2. Smoking Smoking is prohibited inside ABG facilities, although the Company may designate a smoking area by posting signs if there is adequate ventilation and physical barriers to ensure that nonsmokers are not subject to smoke byproducts. All employees, clients and other visitors are expected to comply with this policy, and employees who violate it may be disciplined. Should you have a question, complaint or dispute about smoking in the workplace, contact HR Department. There is absolutely NO SMOKING on any job site or within 500 feet of job site. There is no smoking where you are visible to our customers. You may smoke in your vehicle or off the jobsite away from customer’s eye sight. Employees who violate this will be disciplined. 24.3. Use of Alcohol Consumption of alcohol is generally not permitted in the workplace. This policy does not prohibit employees from consuming alcohol at company sponsored social or business functions that we sponsor where alcohol is served. Nor does it prohibit the consumption of alcohol while entertaining clients or prospective clients. Employees who consume alcohol under these authorized conditions must not consume to the point of intoxication, and must not consume alcohol if they are going to drive or operate heavy equipment. 25. Seriously Negative Behavior 25.1. Fighting Physical altercation between employees is strictly prohibited and will be subject to disciplinary action that may include immediate termination. Verbal altercations are also prohibited and subject to the same punishments. Employees should not neither provoke nor encourage fighting by other employees. 25.2. Harassment Any and all sexual, racial or other forms of harassment are prohibited by ABG as well as by state and federal law. Harassment is defined as any conduct that has the purpose or effect of 25 interfering with an individual's work performance or creating an intimidating, hostile, or offensive work environment. We are committed to providing a workplace that is free of discrimination of any kind. Any person making unwelcome sexual advances, unwelcome sexual flirtations, graphic sexual comments about another, requests for sexual favors, unnecessary touching of an individual, and other such verbal or physical conduct creating an intimidating, hostile or offensive working environment by such conduct may be terminated immediately. Should any employee believe that he or she is being, or has been, subjected to a form of harassment prohibited by this policy, they should notify their supervisor immediately. The privacy of the employee filing the report and the employee under investigation shall be respected at all times. Sexual harassment is considered to be a major violation of company policy and will be dealt with accordingly by corrective counseling, or suspension or termination, depending upon the severity of the violation. 25.3. Weapons in the Workplace No person shall possess on company property any firearms or other dangerous weapons with the exception of police officers, transfer agents licensed to carry weapons, and security personnel licensed by the government and authorized by the company to carry the weapons. In this context, the term ―dangerous weaponsǁ‖ includes, but is not limited to: · Firearms · Knives (not used for construction) · Explosives · Clubs · Brass knuckles · Martial arts equipment Any employee violating this rule shall be subject to suspension or dismissal and possible criminal prosecution. 25.4. Workplace Violence We know you want to work in a workplace that is free of violence or the threat of it. We are committed to providing you with this type of workplace and have adopted guidelines to deal with intimidation, harassment or other threats of violence that may happen during business hours or on company premises. We have a policy of zero tolerance for violence. If you engage in any violence in the workplace, or threaten violence in the workplace, your employment will be terminated immediately for cause. No talk of violence or joking about violence will be tolerated. ―Violence" includes physically harming another, shoving, pushing, harassing, intimidating, coercing, brandishing weapons, and threatening or talking of engaging in those activities. It is the intent of this policy to ensure that everyone associated with ABG, including employees and customers, never feel threatened by any employee’s actions or conduct. 25.5. Zero Tolerance Issues We have a policy of zero tolerance for violence. If you engage in any violence in the workplace, or threaten violence in the workplace, your employment will be terminated immediately for cause. No talk of violence or joking about violence will be tolerated. ―Violence" includes physically harming another, shoving, pushing, harassing, intimidating, coercing, brandishing weapons, and threatening or talking of engaging in those activities. It is the intent of this policy to ensure that everyone associated with ABG, including employees and customers, never feel threatened by any employee’s actions or 26 conduct. Firearms pose a threat to you and your co-workers. Possession of firearms of any type on Company property or while on off-site work assignments is strictly prohibited. Any suspicious individuals, activities, violence, or threats of violence, should be immediately reported to a manager or supervisor. Your supervisor and/or manager will immediately notify Human Resources and steps will be taken to ensure your safety. Human Resources will promptly and thoroughly investigate all reports of violence. Sometimes it is necessary to suspend employees, either with or without pay, during an investigation process. Anyone determined responsible for threats or acts of violence will be subject to prompt disciplinary action, up to and including termination. If you have a disagreement or dispute with a co-worker, you are encouraged to talk with a supervisor or manager. We are anxious to help resolve employee disputes and will not discipline you for raising issues. Questions should be directed to Human Resources. 25.6. Insubordination Employees are expected to show an appropriate level of respect to the authority of their supervisors. Insubordination is defined as the unreasonable refusal to follow instructions of a supervisor. Insubordination will subject an employee to disciplinary actions, that could include immediate termination. There are, however, instances where refusal to follow instruction is reasonable. Such instances would include: · Fear for the safety of yourself or others · Knowledge that the action requested is illegal · Sincere belief that the action requested is immoral or unethical · Sincere belief that there is a superior method to accomplish the goal An employee who belief that he/she has reasonable basis for refusal to follow instruction should respectfully discuss their basis with the supervisor. If the parties are unable to resolve the issue, it should be escalated by both parties to the next level of management who will resolve the matter. 26. End of Employment 26.1. Separation From Employment Unless expressly proscribed by statute or contract, employment with ABG is on an "at will" basis and may be terminated with or without cause or notice. Similarly, employees are free to resign their employment at any time. If at any time it is necessary for an employee to resign his or her employment with the Company, ABG requests at least two weeks notice. Failure to provide notice may lead to forfeiture of accrued vacation or other benefits at the discretion of ABG. Any employee who is discharged by ABG shall be paid only wages accrued to the effective date of the separation. 26.2. Exit Interview Employees who leave ABG employment, whether voluntarily or involuntarily, are entitled to an exit interview with a Human Resource Services staff member. The exit interview is held in Human Resources during the last week of employment. Exit interviews provide the company with valuable information regarding employment and work life. The supervisor is responsible for informing employees that they are to contact Human Resource Services to schedule the interview and for collecting company property from employees before their 27 last day. This meeting will also provide employees with a chance to ask questions about benefits and to make arrangements for delivery of their last paycheck. 26.3. Final Paycheck Final paychecks will include all compensation earned but not paid through the date of termination. Employees who resign will receive their final paycheck on the next regularly scheduled payroll date. Employees who are terminated by the company will receive their final paycheck earlier if, and only if, required by state law. 26.4. Resignation While we hope both you and ABG will mutually benefit from your continued employment, we realize that it may become necessary for you to leave your job with ABG. The purpose of this policy is to provide employees and managers with guidelines for effecting separations, to provide for payment of final monies owed, and to ensure timely return of Company property. An employee desiring to terminate employment, regardless of employee classification, is expected to give as much advance notice as possible. Two weeks or 10 working days is generally considered to be sufficient notice time. Should an employee resign to join a competitor, if there is any other conflict of interest, or if the employee refuses to reveal the circumstances of his or her resignation and the future employer, the general manager may require the employee to leave the company immediately rather than work during the notice period. This is not to be construed as a reflection upon the employee's integrity but an action in the best interests of business practice. When immediate voluntary termination occurs for the above reasons, the company may, but is not obligated to, pay the employee "in lieu of notice," the maximum being two weeks of pay based upon a 40hour workweek at the employee's straight-time rate or salary. Managers shall accept, in writing, resignations from employees and shall provide copies to Human Resources. Once a resignation has been accepted in writing, only the CEO may approve a request to rescind that resignation. An employee's request to rescind a resignation must be made in writing and submitted to the employee's manager, who shall forward it to the CEO for approval. When presented with an oral resignation, managers will ascertain if the resignation is serious. If the employee refuses to put a serious resignation in writing, the supervisor will acknowledge it, indicate acceptance in writing to the employee, and provide a copy of the acceptance to Human Resources. ABG reserves the right to offset any monies owed to it against funds owed to the employee. 26.5. Terminations The management staff has delegated authority to separate and demote employees within their respective divisions after consulting with the CEO. Terminations may occur for a variety of reasons, the most common being: a. Substandard Performance - an employee may be discharged if his or her performance is unacceptable. Ordinarily, the general manager shall have counseled the employee concerning performance deficiencies, provided direction for improvement, and warned the employee of possible termination if performance did not improve within a defined period of time. Documentation will prepared by the general manager shall include reason for separation, performance history, corrective efforts taken, alternatives explored, and any 28 additional pertinent information. b. Misconduct - an employee found to be engaged in activities such as, but not limited to, theft of company property, insubordination, conflict of interest, or any other activities showing willful disregard of company interests or policies, may be terminated in the discretion of the general manager. c. Unauthorized absence - if an employee has three consecutive work days of unauthorized absence, either because leave was disapproved or because the employee was absent without properly requesting leave, managers will consult with Human Resources regarding termination for voluntary resignation due to job abandonment. d. Elimination of position – either due to a reduction in the scope of business operations or to a restructuring of duties to improve efficiencies, an employee’s position may be eliminated. e. Change in requirements of position – a job function may change over time such that the requirements of the job call for a different set of employee skills. The job may have been upgraded and the employee found no longer qualified, or downgraded and the employee found overqualified or simply changed so that different skills are needed. ABG reserves the right to offset any monies owed to it against funds owed to the employee. 26.6. Severance Pay 26.6.1. No Severance Pay ABG does not generally provide severance pay to terminated employees, whether the termination results from resignation, dismissal for cause or elimination of a job. There are, however, circumstances that would cause the company to consider severance pay in a special circumstance. Circumstance considered will include the length of employment, the employee’s overall performance during the entire period of employment and the reasons for termination. 26.7. COBRA Coverage Under provisions of the federal Consolidated Omnibus Budget Reconciliation Act (COBRA), insured employees, and the insured dependents of active or retired employees, may apply to continue company group health insurance coverage if they lose normal eligibility for any of these reasons: · Employee termination. · Reduction in work hours. · Divorce or legal separation from the insured employee. · Cessation of eligibility as a "dependent child" or any situation which results in the loss of benefits eligibility. The maximum period for continuation depends upon the qualifying event. Periods are generally either 18 months or 36 months. During the extension period, the insured is required to pay the full cost of the insurance, plus an administration fee. COBRA coverage is not required for certain small employers (generally less than 20 employees). Should the company fall below the threshold for COBRA, State continuation laws might require some period of continued eligibility. It is your responsibility to ask for COBRA election forms in the event of divorce, a legal 29 separation or a dependent child no longer meeting eligibility requirements. We will automatically send COBRA election forms to all terminated employees, employees on leave or to those individuals losing coverage due to a change from full-time to part-time status. All COBRA election forms are sent to the last address on the payroll system. Your election of coverage must be made within 60 days of either the date of your termination or the date you are first notified by the Company of your right to elect continuation coverage. You are responsible for payment of the premiums for coverage during the period before this election and must pay this premium when returning the election form. If you have any questions on your COBRA rights, contact Human Resources. 26.8. HIPAA Statement The Health Insurance Portability and Accountability Act (HIPAA) contains provisions that allow employees/dependents who declined company health insurance coverage because they had other coverage to enroll in a company health insurance plan within 31 days if the other coverage is terminated under certain conditions. Also, employees who separate from employment with the company will be able to obtain a certificate proving they had health insurance coverage. Future employers may need this certificate to administer the employee's new coverage. HIPAA also establishes certain privacy rights regarding employees' personal health information. Detailed information is contained in the HIPAA Notice of Privacy Practices, which is available from your Human Resources representative. 26.9. Reference for Former Employees The company will only provide limited information to prospective employees seeking references on former employees. The information includes: · The position or positions held · The dates of employment · The rate of pay Any former employee who desires that more information be disclosed will have to provide written consent for disclosure. Human Resources has a standard form that can be used for this purpose. 30
© Copyright 2024