· 9 years ago · Dec 22, 2016, 05:12 AM
1Summit Retail Solutions, Inc.
2Employee Handbook
3TABLE OF CONTENTS Page
4-iContents
5I. INTRODUCTION................................................................................................. 1
6A. Welcome to Summit Retail Solutions, Inc. ................................................ 1
7B. A Word About This Employee Handbook.................................................. 1
8II. THE WAY WE WORK......................................................................................... 1
9A. Equal Opportunity Employment ................................................................ 1
10B. Our Employee Relations Philosophy ........................................................ 2
11C. Anti-Harassment Policy............................................................................. 2
12D. Harassment and Sexual Harassment ....................................................... 3
13E. Employee Screening................................................................................. 5
14F. Employee Relationships ........................................................................... 5
15G. Talk to Us.................................................................................................. 5
16H. Suggestions and Ideas ............................................................................. 6
17III. YOUR PAY AND PROGRESS............................................................................ 6
18A. Categories of Employment........................................................................ 6
19B. Time Sheets.............................................................................................. 6
20C. Pay Periods .............................................................................................. 6
21D. Payroll Deductions.................................................................................... 7
22E. Overtime ................................................................................................... 7
23F. Pay Adjustments....................................................................................... 8
24G. Pay Advances........................................................................................... 8
25IV. BENEFITS........................................................................................................... 8
26A. Holidays.................................................................................................... 8
27B. Vacation (PTO)......................................................................................... 8
28C. Sick Days and other Days......................................................................... 8
29D Bereavement………………………………………………….………………...8
30E. Jury Duty................................................................................................... 8
31F. Military Leave............................................................................................ 8
32G. Hospital and Medical Insurance.............................................................. 13
33H. Dental Insurance..................................................................................... 13
34I. COBRA..................................................................................................... 9
35J. Family and Medical Leave ........................................................................ 9
36K. Other Leave ............................................................................................ 13
37L. Worker’s Compensation………………………………………………….......13
38M. 401K Profit Sharing Plan......................................................................... 13
39V. ON THE JOB..................................................................................................... 13
40A. Employee Orientation ............................................................................. 13
41B. Attendance and Punctuality .................................................................... 13
42C. Work Week ............................................................................................. 14
43D. Meal Time ............................................................................................... 14
44E. Standards of Conduct ............................................................................. 14
45TABLE OF CONTENTS Page
46-iiF.
47Customer and Public Relations............................................................... 17
48G. Solicitation and Distribution..................................................................... 17
49H. Changes in Personal Data...................................................................... 17
50I. Protecting Company Information ............................................................ 17
51J. Conflicts of Interest ................................................................................. 18
52K. Care of Equipment.................................................................................. 19
53L. Dress Code Policy .................................................................................. 19
54M. Outside Employment............................................................................... 19
55N. Bulletin Board ......................................................................................... 19
56O. Good Housekeeping ............................................................................... 19
57P. Smoking Policy ....................................................................................... 19
58Q. General Safety Precautions .................................................................... 20
59R. Substance Abuse.................................................................................... 20
60S. Reimbursement ...................................................................................... 21
61T. Use of Your Own Vehicle........................................................................ 21
62U. Travel...................................................................................................... 21
63V. If You Must Leave Us.............................................................................. 23
64W. References ............................................................................................. 23
65RECEIPT OF THE EMPLOYEE HANDBOOK ............................................................ 25
66EXHIBIT A- GUIDELINES FOR EMPLOYEE RELATIONSHIPS ............................. ...25
67EXHIBIT B- SOCIAL MEDIA……………………………………….………………..…..…..27
68EXHIBIT C- STATE AGENCIES ….………………………………………………………...30
69MASSACHUSETTS STATE NOTICES ……………………………………………...…….33
70NEW YORK STATE NOTICES ……………………………………………………….…….39
71RHODE ISLAND STATE NOTICES ………………………………………………………..42
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73I. INTRODUCTION
74A. Welcome to Summit Retail Solutions, Inc.
75This Employee Handbook has been developed to help you get acquainted with Summit Retail
76Solutions, Inc. (the “Companyâ€) and hopefully answer many of your initial questions.
77Summit Retail Solutions is a professional sales organization specializing in event-based
78promotions for a wide range of clients. Companies with well-established products and
79companies with products new-to-market benefit from our services and our relationships with
80major retailers.
81We run events large and small in high traffic venues. Our programs operate in big box retailers,
82college campuses, trade shows, car shows, sporting events and more. We have experience
83working with products from every major category. Our sales force footprint extends nationwide
84and we pride ourselves on our ability to quickly and efficiently expand our staff to meet our
85clients’ needs.
86You are an important part of this process for your work directly influences the Company’s
87reputation and success.
88In an effort to be responsive to the needs of a growing organization, changes or additions to this
89Employee Handbook will be made when necessary, and the Company reserves the right to
90change, add to, or delete any of the provisions of this Employee Handbook at any time in its
91sole discretion. Should the Company make a change to this Employee Handbook, you will be
92given notice of such change. We are glad you have joined us, and we hope you will find your
93work to be both challenging and rewarding.
94B. A Word About This Employee Handbook
95The policies in this handbook are provided for your guidance and information only. This
96handbook is not a contract of employment or promise of benefits. Similarly, no written or verbal
97communication by a manager or supervisor can create a contract of employment or a promise
98of benefits.
99The Company adheres to the policy of employment-at-will. This means that you or the
100Company may terminate the employment relationship at any time, for any reason, or no reason
101at all. This policy cannot be altered by any Manager or Supervisor.
102This handbook supersedes and replaces any and all prior such handbooks, policies, and
103procedures of the Company. The Company retains the right to change, add to, disregard, or
104delete any provisions of this Handbook at any time, in its sole discretion, except that the
105Company will not modify, amend or alter its policy of employment-at-will. In the event the
106Company does in some way change the provisions of this Handbook, the Company will attempt
107to provide you with prompt notice of such changes.
108II. THE WAY WE WORK
109A. Equal Opportunity Employment
110The Company is committed to the full utilization of all human resources and to the policies of
111equal employment opportunity. Our Company will not discriminate against employees or
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113applicants for employment on any legally-recognized basis including, but not limited to race,
114age, color, religion, religious creed, sex, marital status, national origin, genetics, physical or
115mental disability, veterans status, pregnancy, sexual orientation, gender identity or expression,
116or ancestry, except where a bona fide occupational qualification exists.
117The Company will make reasonable accommodations to qualified disabled persons to assist
118them in fulfilling the essential functions of a job, provided that such accommodations do not
119impose an undue hardship upon the Company.
120You may discuss equal employment opportunity related questions with Human Resources.
121Any employee or job applicant who feels he or she has been subject to unlawful discrimination
122by the Company’s officers, agents or employees should report the incident or complaint directly
123to Human Resources, who will investigate and attempt to resolve the matter.
124B. Our Employee Relations Philosophy
125We are committed to providing the best position climate for maximum development and
126achievement of goals for employees. Our practice has always been to treat each employee as
127an individual. We have always sought to develop a spirit of teamwork; individuals working
128together to obtain a common goal.
129In order to maintain an atmosphere where these goals can be accomplished, we provide a work
130place which is comfortable and progressive. Most importantly, we have a work place where
131communications are open and problems can be discussed and resolved in a mutually respectful
132atmosphere taking into account individual circumstances and the individual employee.
133We firmly believe that by our communicating with each other directly, we can continue to resolve
134any difficulties that may arise and develop a mutually beneficial relationship.
135C. Anti-Harassment Policy
136It is our policy to prohibit harassment of one employee by another employee or representative of
137management on any basis including, but not limited to race, age, color, religion, religious creed,
138sex, marital status, national origin, genetics, physical or mental disability, veteran status,
139pregnancy, sexual orientation, gender identity or ancestry.
140The purpose of this policy is not to regulate our employee’s personal morality, rather it is to
141assure that in the work place, no employee harass another.
142While it not easy to define precisely what harassment is, but it certainly include slurs, epithets,
143threats, derogatory comments or visual depictions, unwelcome jokes, teasing, or other similar
144verbal or physical contact.
145Any employee who feels that he or she is a victim of such harassment should immediately
146report the matter to the Vice President of Retail Operations, Jilian Booth at 508-989-5433 or to
147the Director of Human Resources, Michele Glassman at 774-305-5163. The Company will
148investigate all such reports as expeditiously and confidentially as possible. Violations of this
149policy will not be tolerated and will result in disciplinary action, up to and including discharge.
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151D. Harassment and Sexual Harassment
152It is against the law and the Company’s policies for any employee, whether a manager or coworker,
153to harass another employee. The types of conduct prohibited by this policy include, but
154are not limited to, the following:
155ï‚· Offensive verbal or physical behavior, treatment or conduct that is based on an
156individual’s race, color, religion, sex (including pregnancy), sexual orientation, gender
157identity or expression, disability or handicap, age, national origin, genetic information,
158veterans or military status, or any other class or characteristic protected by federal
159state or local law;
160 Demeaning gestures, slurs or other such derogatory comments connected to one’s
161membership in a protected group; and
162ï‚· The display or circulation of explicit, offensive or degrading graphic or written material
163(including email, objects, calendars, pictures, posters, drawings, cartoons, etc.) which
164reflect disparagingly upon a class of persons or a particular person.
1651. Definition of Sexual Harassment
166Sexual Harassment is a specific type of harassment that deserves special attention.
167"Sexual harassment" means sexual advances, requests for sexual favors, and verbal or physical
168conduct of a sexual nature when: (a) submission to or rejection of such advances, requests or
169conduct is made either explicitly or implicitly a term or condition of employment or as a basis for
170employment decisions; or (b) such advances, requests or conduct have the purpose or effect of
171unreasonably interfering with an individual's work performance by creating an intimidating, hostile,
172humiliating or sexually offensive work environment.
173The legal definition of sexual harassment is broad. Sexual desire is not necessary in order
174for something to constitute sexual harassment. While it is not possible to list all those additional
175circumstances that may constitute sexual harassment, the following are some examples of
176conduct which if unwelcome, may constitute sexual harassment:
177ï‚· unwanted sexual advances or offering employment benefits in exchange for sexual
178favors;
179ï‚· unwelcome sexual advances, whether or not they involve physical touching;
180ï‚· requests for sexual favors in exchange for actual or promised job benefits;
181ï‚· sexual jokes, sexually explicit emails, epithets or written or oral references to sexual
182conduct;
183 gossip regarding one’s sex life;
184 comments on an individual’s body or sexual activities;
185ï‚· displaying sexually suggestive objects, pictures, cartoons or photographs;
186ï‚· unwelcome leering, whistling, touching, sexual gestures, or sexually suggestive or
187insulting comments;
188 inquiries into one’s sexual preferences;
189ï‚· obscene letters, notes or invitations;
190ï‚· physical touching or assault, as well as impeding or blocking movements; and
191 discussions of one’s sexual activities.
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193All employees should take special note that, as stated above, retaliation against an
194individual who has complained about sexual harassment, and retaliation against individuals for
195cooperating with an investigation of a sexual harassment complaint is unlawful and will not be
196tolerated by this organization.
1972. Complaints of Harassment
198If any of our employees or applicants believes that he or she has been subjected to
199harassment, including but not limited to sexual harassment, the employee has the right to file a
200complaint with our organization.
201If you would like to file a complaint you may do so by contacting the Vice President of
202Retail Operations, Jilian Booth at 508-989-5433 or the Director of Human Resources, Michele
203Glassman at 774-305-5163, or toll free 844-310-2442.
2043. Harassment Investigation
205When we receive a complaint we will promptly investigate the allegation in a fair and
206expeditious manner. The investigation will be conducted in such a way as to maintain
207confidentiality to the extent practicable under the circumstances. Our investigation will include a
208private interview with the person filing the complaint and with witnesses. We will also interview
209the person alleged to have committed harassment. When we have completed our investigation,
210we will, to the extent appropriate, inform the person filing the complaint and the person alleged to
211have committed the conduct of the results of that investigation. If it is determined that
212inappropriate conduct has occurred, we will act promptly to eliminate the offending conduct, and
213where it is appropriate we will also impose disciplinary action.
2144. Disciplinary Action
215If it is determined that inappropriate conduct has been committed by one of our employees,
216we will take such action as is appropriate under the circumstances. Such action may range from
217counseling to termination from employment, and may include such other forms of disciplinary
218action as we deem appropriate under the circumstances.
2195. State and Federal Remedies
220In addition to the above, if you believe you have been subjected to harassment, you may
221file a formal complaint with the following:
222The United States Equal Employment Opportunity Commission ("EEOC")
223One Congress Street, 10th Floor
224Boston, MA
225(617) 565-3200.
226The state agency listed in Exhibit C.
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228E. Employment Screening
229To ensure that individuals who joins Summit Retail Solutions, Inc. are well qualified and to
230ensure that Summit Retail Solutions, Inc. maintains a safe and productive work environment, it
231is our policy to conduct pre-employment background checks on all applicants who accept an
232offer of employment. Background checks may include verification of any information on the
233applicant’s resume or application form.
234All offers of employment are conditioned on receipt of a background check report that is
235acceptable to Summit Retail Solutions, Inc. All background checks are conducted in conformity
236with the Federal Fair Credit Reporting Act, and state and federal law. Please see our CORI
237Policy in the state specific policies. Background checks may include a criminal record check
238where appropriate and where authorization is obtained, although a criminal conviction does not
239automatically bar an applicant from employment. Criminal background checks are kept to
240confidential where possible and reviewed only on a need-to-know basis.
241Additional checks such as a driving record or credit report may be made on applicants for
242particular job categories if appropriate and job related.
243Summit Retail Solutions, Inc. also reserves the right to conduct a background check for current
244employees to determine eligibility for promotion or reassignment in the same manner as
245described above.
246F. Employee Relationships
247The Company strongly believes that an environment where employees maintain clear
248boundaries between employee personal and business interactions is most effective for
249conducting business. Although this policy does not prevent the development of friendships or
250romantic relationships between coworkers, it does establish very clear boundaries as to how
251relationships will progress during working hours and within the working environment. Individuals
252in supervisory relationships or other influential roles may be subject to more stringent
253requirements under this policy due to their status as role models, their access to sensitive
254information and their ability to influence others. See Exhibit A to this Handbook for the
255Company’s guidelines for Employee Relationships.
256G. Talk to Us
257We encourage you to bring your questions, suggestions and complaints to our attention.
258Careful consideration will be given to each of these in our continuing effort to improve
259operations.
260If you feel you have a problem you should present the situation to your supervisor so that the
261problem can be settled by examination and discussion of the facts. We hope that he or she will
262be able to satisfactorily resolve most matters.
263If you find that you still have questions following your meeting with your supervisor or that you
264would like further clarification on the matter, you may request a meeting with your Human
265Resources Manager. Your HR Manager will review the issues and meet with you to discuss
266possible solutions. Finally, if you believe that your problem has not been fairly or fully
267addressed, you may request a meeting with the President.
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269Your suggestions or comments on any subject are important to us so we encourage you to take
270every opportunity to discuss them with us. Your job will not be adversely affected in any way
271because you chose to use this procedure. In addition to contact via phone, you may email the
272Human Resources department at hr@summitretailsolutionsinc.com.
273H. Suggestions and Ideas
274We are always interested in your constructive ideas and suggestions for improving our
275operations. Your suggestions should be submitted in writing to
276hr@summitretailsolutionsinc.com.
277After your suggestion is reviewed, you will be notified whether or not it is feasible to put it into
278practice.
279Management believes that suggestions indicate initiative on the part of an employee. We will
280place the written suggestion in your personnel file and take it into consideration at the time of
281your performance review (if applicable).
282III. YOUR PAY AND PROGRESS
283A. Categories of Employment
284Full-time Employees. Full-time employees are those employees who are scheduled to regularly
285work at least a 30-hour work week. Unless otherwise required by law, if an employee’s regular
286schedule falls below 30 hours a week for four weeks in a row, employee may no longer be
287eligible for certain employee benefits. Full-time employees are eligible for certain benefits in
288accordance with their position and length of employment. These benefits are further described
289in later sections of this handbook and details about specific employee benefit plans can be
290obtained from Human Resources.
291Part-time Employees. Part-time employees are those individuals who are regularly scheduled
292to work less than 30 hours each week. Part-time employees are eligible only for statutory
293benefits.
294B. Time Sheets
295Employees are required to maintain an accurate record of all time worked.
296Hourly (non-exempt) employees are required to record their hours via the Employee Portal each
297Sunday evening no later than 9:00 p.m. following your pay period.
298Salaried (exempt) employees are required to record their PTO time via the Employee Portal on
299the Sunday evening corresponding to the PTO time by 9:00 p.m.
300Submission of false or embellished timecards is a serious offense, and will result in
301discipline/immediate termination. Company will review store video tapes and confirm working
302hours with an employee’s supervisor/other employees working at shows to ensure hours are
303accurately reported. Greater scrutiny will be given to timecards that report an unusual amount
304of time or that raise suspicion given the amount of employee’s actual sales.
305C. Pay Periods
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307Pay periods are one week in duration and begin on Monday and end on Sunday. Company
308pays on Fridays, twelve (12) days after the pay period ended.
309Example: Pay period ends on 12/11/2016, you will be paid for this pay period on Friday,
31012/23/2016.
311If you receive direct deposit you can retrieve your paystub from the online payroll portal as
312instructed during your on-boarding. If you do not receive direct deposit your paycheck will be
313mailed to you on the Thursday before payday. If payday is on a holiday, you will be paid the
314day before the holiday.
315If you are absent or on vacation when pay checks are distributed, the Human Resources Team
316will mail your check to the address on file. If you have any questions about your pay or the
317direct deposit program please contact your HR Manager.
318D. Payroll Deductions
319Two types of deductions are made from each employee’s gross pay. Mandatory deductions
320required by federal or state agencies, and voluntary deductions such as health and dental
321benefits and 401K charitable contributions.
322Mandatory deductions will be made automatically in accordance with legal requirements. Your
323records provide accurate information within legal limitations as a basis for these deductions.
324Attachment made to an employee’s pay checks by legal authority of wage garnishment,
325regardless of cause, will be treated as a mandatory deduction in the amount and for the time
326specified by such authority.
327Voluntary deductions will not be made without your written authorization. It is the policy of the
328Company to promptly investigate and correct any improper payroll deductions or other payroll
329practices that do not comply with the Fair Labor Standards Act. If you believe that an improper
330payroll practice, such as an improper deduction from an exempt or non-exempt salary, has
331occurred then you should make a complaint to the Human Resources Department. The Human
332Resources Department will ensure that the matter is appropriately reviewed, and you will be
333reimbursed for the amount of any inappropriate deduction taken.
334E. Overtime
335There may be times when you will need to work overtime. All overtime must be approved in
336advance by your supervisor. Only non-exempt (hourly) individuals, as defined by federal and
337state law, are entitled to payment for overtime.
338Qualified employees will be paid one and one-half their regular rate for all hours worked in
339excess of 40 hours in any given work week, excluding meal periods, unless otherwise required
340by law.
341Only actual hours worked count towards computing weekly overtime. Thus, holiday, sick or
342vacation time (if applicable) is not considered “actual†work for purposes of computing overtime.
343For non-exempt (hourly) employees, all hours worked on a holiday will be paid at a rate of one
344and one-half times your base rate of pay including shift differential, if applicable. This is in
345addition to your regularly base pay.
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347If you have any questions regarding your eligibility for overtime pay or the method of payment
348please contact your HR Manager.
349F. Pay Adjustments
350Depending upon your performance and our Company’s profitability, adjustments in your pay
351may be made at the Company’s discretion.
352G. Pay Advances
353Pay Advances will not be granted to employees.
354IV. BENEFITS
355Benefits will be provided only to full-time employees regularly scheduled at least 30 hours per
356week. Employees working less than 30 hours will not be entitled to these benefits unless
357specifically provided below. For purposes of convenience, full-time employee is defined as any
358employee who works at least 30 hours per week.
359A. Holidays
360Hourly (non-exempt) employees will not be paid for holidays that they do not work.
361B. Vacation – (Paid Time Off)
362Hourly (non-exempt) employees will not be paid vacation time.
363C. Sick Days and other Days
364Hourly (non-exempt) employees do not received paid sick time or other time unless required by
365law (see state specific section).
366D. Bereavement
367Company recognizes the importance of taking leave on the occasion of a death in the family.
368Although we do not offer paid leave, Employees can request unpaid leave under this section
369from Human Resources. Company may request documentation to support absences for
370bereavement leave. The Company will take each case on a case-by-case basis, so please, if
371you need additional time, please call.
372E. Jury Duty
373The Company recognizes jury duty as a community obligation and the responsibility of a citizen.
374You should make appropriate arrangements with your supervisor as soon as you have received
375your jury duty notice. Proof of notice is required. You are required to use PTO if you have any.
376Remaining time is unpaid, unless otherwise required by law.
377F. Military Leave
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379Employees who are required to serve in any branch of the armed forces of the United States will
380be given necessary time off, without pay. This includes those employees serving in any of the
381reserves or national guard or entering into active military service.
382The employee must provide the Company advance written notice of the date of his or her
383departure and expected return. Upon providing the Company with notification of the satisfactory
384completion of his or her duties, employees still qualified to perform the duties of their position
385will be reinstated to their former position or to a comparable position with the same status, pay
386and seniority. Such leave will not affect accrued vacation or medical insurance and the
387Company will provide all benefits required under the Uniform Services Employment and
388Reemployment Rights Act (USERRA).
389Company also complies with all state laws requiring leave for family members of those in the
390Military. Please see Company’s Human Resources Department for more information.
391G. Hospital and Medical Insurance
392The provides an employer sponsored plan which may change to time to time. Please reference
393your specific plan for more details.
394Coverage ends on the last physical day of work. See COBRA policy for additional details.
395H. Dental Insurance
396The company provides an employer sponsored plan which may change to time to time. Please
397reference your specific plan for more details.
398Coverage ends on the last physical day of work. See COBRA policy for additional details.
399I. COBRA
400Pursuant to federal law, in certain circumstances the Company offers you and your family the
401opportunity to temporarily continue your medical and dental coverage in certain instances where
402the coverage would otherwise end. You will have to pay part or all of the premium for
403continuous coverage. For additional information regarding this coverage as well as a complete
404copy of the COBRA law, please contact Human Resources.
405J. Family and Medical Leave
406THE FAMILY AND MEDICAL LEAVE POLICY
407The Federal Family and Medical Leave Act (“FMLAâ€) guarantees eligible employees the right to
408unpaid leaves of absence under certain circumstances.
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410Eligibility: You are only eligible for FMLA if you work in a region in which Company employees
41149 other employees in a 75 mile radius. Thus, most Company employees are NOT eligible for
412ANY FMLA time off. Please consult with Human Resources for further details.
413Assuming you are in such a geographic area, you are eligible for FMLA leave when you have:
414(1) been employed by the company for at least 12 months and (2) worked at least 1,250 hours
415in the 12 months preceding the leave.
416Basic FMLA Entitlements. The FMLA allows up to 12 weeks of leave in any 12 month period for
417the following reasons: (1) incapacity due to pregnancy, prenatal medical care or child birth; (2)
418care for the employee’s child after birth, adoption or foster care placement; (3) the employee’s
419own “serious health conditionâ€, if the condition makes that employee unable to perform his or
420her job; or (4) care for a spouse, child, or parent (excluding parents-in-law) who has a “serious
421health conditionâ€.
422FMLA Military Leave Entitlements. Eligible employees with a spouse, son, daughter, or parent
423on active duty or called to active duty status in the National Guard or Reserves in support of a
424contingency operation may use their 12-week FMLA leave entitlement to address certain
425qualifying exigencies. Qualifying exigencies may include attending certain military events,
426arranging for alternative childcare, addressing certain financial and legal arrangements,
427attending certain counseling sessions, and ending post-deployment reintegration briefings.
428FMLA leave also includes a special leave entitlement that permits eligible employees to take up
429to 26 weeks of leave to care for a covered service member during a single 12-month period. A
430covered service member is a current member of the Armed Forces, including a member of the
431National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on
432active duty that may render the service member medically unfit to perform his or her duties for
433which the service member is undergoing medical treatment, recuperation, or therapy; or is in
434outpatient status; or is on the temporary disability retired list.
435The FMLA definitions of “serious injury or illness†for current service members and veterans are
436distinct from the FMLA definition of “serious health care conditionâ€.
437Rolling Basis: The company measures FLMA leave entitlement on a rolling 12-month basis.
438Intermittent and Reduced Schedule Leave: The FMLA does not require the leave to be used in
439one block; it may be used, when medically necessary, as “intermittent leave†or “reduced
440schedule leaveâ€. “Intermittent Leave†involves leave taken in separate blocks of time. For
441example, intermittent leave could be used for doctor’s appointments or for periodic treatments
442(e.g., physical therapy or chemotherapy). “Reduced schedule leave†involves a reduction in an
443employee’s daily or weekly hours of work when the health provider so requires. Leaves of these
444types are not available after the birth or placement of a child in adoption or foster care of the
445employee to care for the healthy child. Intermittent leave is available for other types of leave,
446including the employee’s own or the employee’s family member’s serious health condition and
447leave due to qualifying exigencies.
448Leaves of this type will be counted (pro rata based on the employee’s regular schedule) towards
449statutory entitlements. Employees must make reasonable efforts to schedule leave for planned
450medical treatment so as not to unduly disrupt the employer’s operations. If an employee
451requests an intermittent or reduced schedule leave, the company may require that the employee
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453transfer temporarily to an alternative position, for which they are qualified and which provides
454equivalent pay and benefits, in order to accommodate both the employee’s schedule and the
455Company’s needs.
456Your Rights Under the FMLA: The FMLA makes it unlawful for any employer to: (1) interfere
457with, restrain, or deny the exercise of any right provided under the FMLA; or (2) discharge or
458discriminate against any person for opposing any practice made unlawful by FMLA or for
459involvement in any proceeding under or relating to FMLA.
460Enforcement: You may file a complaint with the U.S. Department of Labor or may bring a
461private lawsuit against an employer. The FMLA does not affect any federal or state law
462prohibiting discrimination, or supersede any state or local law or collective bargaining
463agreement which provides greater family or medical leave rights.
464You may have additional unpaid leave eligibility under your state’s laws. Please consult Human
465Resources and see the state specific sections for additional information.
466ADDITIONAL INFORMATION ABOUT OUR FMLA POLICY
467Definition of “Serious Health Conditionâ€: A serious health condition is an illness, injury,
468impairment, or physical or mental condition that involves either an overnight stay in a medical
469care facility, or continuing treatment by a health care provider for a condition that either prevents
470the employee from performing the functions of the employee’s job, or prevents the qualified
471family member from participating in school or other daily activities.
472Subject to certain conditions, the continuing treatment requirement may be met by a period of
473incapacity of more than three consecutive calendar days combined with at least two visits to a
474health care provider or one visit and a regimen of continuing treatment, or incapacity due to
475pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of
476continuing treatment.
477Concurrent Nature of Leave: FMLA and other leaves run concurrently. For example, an
478employee would not be able to take 12 weeks of maternity leave under the FMLA and then
479additional weeks for maternity leave under the disability leave in the same 12 month period.
480Return from Leave: Upon return from leave, Employee must be restored to original or
481equivalent position with equal pay, benefits and other employment terms; use of FMLA leave
482cannot result in the loss of employment benefits that accrue prior to the start of an employee’s
483leave.
484If the leave is due to Employee’s own serious health condition and is two weeks or longer,
485Employee will also be required to furnish the Company with medical certification of their fitness
486to return to work prior to returning to work.
487Health Insurance: Subject to the terms, conditions, and limitations of the applicable plans, the
488Company will continue to provide health insurance benefits for the full period of an approved
489family and medical leave. Employees are responsible to pay their regular weekly contribution
490towards health and dental insurance. Failure to make such payments may result in termination
491of benefits.
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493Failure to Return to Work: If an employee fails to return to work at the end of his or her leave,
494his or her employment will be considered voluntarily terminated. The employee will be liable to
495the Company for any health insurance premiums paid on the employee’s behalf. The Company
496may pursue legal remedies to collect those amounts.
497Use of Vacation/Sick/Personal Time: An employee must use available earned paid time off
498during an unpaid family and medical leave if applicable. This paid leave will occur concurrently
499with the family and medical leave.
500Our Responsibilities: The Company must inform employees who have requested leave whether
501they are eligible for leave under the FMLA. If the employee is eligible, the company must
502provide a notice specifying additional information requested, as well as the employees’ rights
503and responsibilities. If the employee is not eligible, Company must provide the reason for
504ineligibility.
505Company must also inform employees if the leave will be designated as FMLA-protected leave
506and the amount of leave counted against the employee’s leave entitlement. We must also notify
507employees if we determine the leave is not FMLA protected.
508Your Responsibilities: Employee must provide 30 days advance notice of the need to take
509family medical leave when the need is foreseeable. When 30 days’ notice is not possible,
510Employee must provide notice as soon as practicable and generally must comply with the
511Company’s call-in procedures.
512Employee must provide sufficient information for the Company to determine if the leave may
513qualify for family medical leave protection and the anticipated timing and duration of the leave.
514Sufficient information may include that the Employee is unable to perform job functions, the
515family member is unable to perform daily activities, the need for hospitalization or continuing
516treatment by a health care provider, or circumstances supporting the need for military leave.
517Employee also must inform the Company if the requested leave is for a reason for which family
518medical leave was previously taken or certified.
519Employees requesting a leave for personal or family medical reasons will generally be required
520to provide a medical certification. Under most circumstances, the medical certification must be
521provided to the Company within fifteen (15) calendar days of the request for leave. Further
522medical verification may be required during the leave. Moreover, employees on leave may be
523contacted periodically for updates concerning their status and intent to return to employment.
524Employees are expected to be fully cooperative and responsive to such requests. Failure to
525provide requested certification within 15 days after certification is requested will result in a denial
526of the employee’s leave.
527Restoration of Rights. Under FMLA, an employee is entitled to reinstatement to their old job or a
528comparable position. Reinstatement will include full seniority to the date the leave began, as
529well as all other benefits accrued at that time. However, the employee will not earn additional
530seniority or accrue other benefits while on leave. Employees are also not entitled to a more
531favorable employment status as a result of taking leave. Thus, the employee on leave is subject
532to pay or benefit reductions or other adverse actions, including layoff, that would have been
533experienced had the employee not been on leave.
534Contact your Human Resources Manager if you would like further information regarding family
535and medical leave.
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537K. Other Leave
538Company may, from time to time, grant unpaid leave in its sole discretion or where required by
539state law (see state specific sections). Unless otherwise required by law, any period of leave
540greater than two (2) weeks will result in the termination of employee’s participation in
541Company’s health insurance unless employee wishes to assume the full premium cost through
542COBRA. If you reside in certain states, you may be entitled to additional types of leave. Please
543see Company bulletin for state specific leave if applicable.
544L. Worker’s Compensation
545On the job injuries are covered by our worker’s compensation insurance policy, which is
546provided at no cost to you. If you are injured on the job, no matter how slightly, you must report
547the incident immediately to your supervisor. Failure to promptly report an injury may result in
548the loss of benefits.
549The Company feels that as a responsible employee you should notify management of any
550conditions which you feel could lead to or contribute to an employee accident. The Company
551asks for your assistance in this regard.
552The Employee Portal contains state specific Worker’s Compensation information.
553Contact your Human Resources Manager to request further information regarding Worker’s
554Compensation Insurance.
555M. 401K Profit Sharing Plan
556The plan provides small balance cash-outs and rollovers.
557o If your employment with the Company is terminated and your 401K account balance
558is $5,000 or less but greater than $1,000, your account balance will be rolled over to
559an IRA if you fail to respond to a cash-out notice in a timely manner.
560o Balances less than $1,000 will be distributed as a lump sum cash payment.
561Employees will not be automatically enrolled in the Plan.
562o Employees are eligible to enroll in the plan on the first day of the month, following a
563sixty (60) day wait period. Submission form can be retrieved from the Employee
564Portal.
565V. ON THE JOB
566A. Employee Orientation
567Upon joining the Company, you will be provided with a copy of this employee handbook and
568asked to complete various personnel, payroll and benefit forms. You will be provided an
569employee onboarding checklist which clearly defines the expectations to get you oriented with
570the Company’s policies and procedures.
571Your supervisor is responsible for the operations of your department and he or she is a good
572source of information concerning the Company and your job.
573B. Attendance and Punctuality
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575Both attendance and punctuality are important for the success of our Company and for your
576success within the Company. The Company functions as a team and this requires that each
577person be in the right place at the right time.
578If you are going to be late for work, or absent, you must notify your immediate superior as soon
579as possible, and prior to the start of your work day.
580If you are absent for three (3) days without notifying your supervisor or the Company, it is
581assumed by the Company that you have voluntarily abandoned your position with the Company
582and you will be removed from the Company payroll. This does not suggest that you get two (2)
583days of absences without notice. You may be terminated for one (1) day of absence without
584proper notice, at the discretion of the Company.
585Severe weather is to be expected during the winter months in specific regions. Although driving
586may be at times difficult, it is a hardship all may endure. When caution is exercised, the roads
587are normally passable. Except in cases of severe storms, all employees and officers are
588expected to work regular hours and, as such, time taken off due to poor weather conditions is
589unpaid.
590Other:
591Should you be out based on a medical condition such as an illness, you must provide a doctors
592certification after three (3) missed scheduled shifts.
593C. Work Week
594Typical days are: Wednesday 9-11, Thursday 9-7, Friday 10-8, Saturday 9-7, Sunday 10-6.
595Schedule may change depending on specific retail location and is subject to extended show
596calendar.
597D. Meal Time
598You are entitled to a thirty (30) minute, unpaid meal break each day. Your supervisor is
599responsible for scheduling your particular meal period.
600E. Standards of Conduct
601Each employee has an obligation to observe and follow the Company’s policies and to maintain
602proper standards of conduct at all times (both inside and outside the workplace). Employees
603are a reflection of our Company, our culture and our values. As a Company, we:
604ï‚· Strive to be fair, honest and trustworthy in all of our business practices;
605ï‚· Strive to obey public laws; to uphold our own exacting standards as well as those set by
606our industry;
607ï‚· Strive to conduct all of our business relations in a manner that respects the rights and
608property of others.
609ï‚· Expect all employees to conduct themselves with personal integrity and respect for the
610Company, each other, our suppliers, our competitors and our customers.
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612Employees must be truthful and accurate in all information they report to the Company.
613Documents requiring such honesty include, but not limited to: Employment papers, sales or
614other measurable performance records, time records, and expense reimbursements.
615Employees are expected to cooperate and comply with investigations.
616If an employee’s behavior interferes with the orderly and efficient operation of a department,
617disciplinary measures will be taken. Disciplinary measures may include either a verbal or
618written warning, a suspension without pay, or discharge. The appropriate disciplinary action
619imposed will be determined by the Company, at the Company’s sole discretion. The Company
620does not make any guarantee that one form of discipline will necessarily precede another.
621Violation of rules and standards may, depending on the seriousness of the offense and all
622pertinent facts and circumstances, result in disciplinary action, including a verbal or written
623warning, suspension or immediate discharge or termination. Company does not follow a policy
624of progressive discipline, meaning that any offense may result in immediate discharge. The
625following misconduct, while not all inclusive, are examples of misconduct which may result in
626discipline up to including discharge at the Company’s sole discretion:
627 Violation of the Company’s policies or safety rules;
628ï‚· Insubordination;
629ï‚· Poor attendance and/or tardiness, including failure to report for a scheduled work shift,
630meeting or leaving during a shift;
631ï‚· Possession use or sale of alcohol or controlled substances on work premises or during
632work hours;
633ï‚· Poor performance;
634ï‚· Physical or sexual harassment or disrespect to fellow employees, visitors or other
635members of the public;
636ï‚· Violation of the Social Media Policy (Exhibit B) or other policies in this Handbook or
637separately distributed to employees;
638ï‚· Any and all theft, misappropriation, misuse or removal of customer, employee or
639company property;
640ï‚· Rudeness or foul language in front of customers and/or other employees;
641ï‚· Altering or submitting false time records;
642ï‚· Possessing firearms, explosives, knives or other weapons, or items designed to look
643like weapons, on Company or Retailer’s premises;
644ï‚· Any willful or negligent destruction or damage to any Company property or the property
645of any other Retailer, employee or customer;
646ï‚· Failing to maintain professional conduct or appearance;
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648ï‚· Offering any other services or discounts beyond the specified promotion or sale;
649ï‚· Making or receiving excessive personal telephone calls, texts or other electronic
650communications during working hours. Cell phones are not allowed on the selling floor.
651o Personal calls and other electronic communications should be made on the
652Employee’s scheduled break, in a designated break location and away from the
653program display. While work related calls and communications can take place in
654working areas, they should be brief;
655 Publicly criticizing Company or Company’s Retailers, its services, its personnel or its
656vendors, or soliciting other employees to leave the Company;
657ï‚· Deliberately suppressing or distorting product knowledge;
658 Using the Company’s name or information to procure goods, services or credit for
659personal use (Examples include, but are not limited to, setting up credit or purchasing
660accounts in the Company’s name with local businesses or through mail order
661catalogues);
662 Violating Company’s Conflict of Interest Policy;
663ï‚· Excluding or denying services or benefits to any customer, potential customer or other
664employees based upon membership in a protected class, such as race, color, creed,
665age, gender, physical or mental disability, veterans status, pregnancy, or national origin,
666nor grant any discriminatory consideration or advantage;
667ï‚· Conducting business in such a way that exposes the customer to unnecessary
668embarrassment or disparagement;
669ï‚· Committing certain crimes, and
670 Having unacceptable levels of inventory as defined by the Company’s standards will be
671investigated and addressed accordingly.
672In addition, Employees representing Company in Retail locations must:
673ï‚· Understand we are guests in the Retail environment and Retail Club Management is the
674person of authority.
675ï‚· Always present a positive and polite experience for Members and Customers.
676ï‚· Dress professionally and appropriately for the program you are representing.
677ï‚· Always wear identification badge displayed appropriately.
678ï‚· Notify and/ or obtain permission from the Company before leaving a job site during work
679hours for any reason.
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681ï‚· Always keep on-hand receipts for anything purchased in the Retail store, such as food,
682drink or any other item. Present the receipt immediately if a member of management
683asks. Receipts must be kept for the entire duration of your shift or special event.
684ï‚· Adhere to all rules for breaks and always post proper signage when stepping away from
685the booth.
686ï‚· Be thoroughly trained and comfortable with the product, program, pricing and offers.
687ï‚· Present only the program/ offer available at that Retailer.
688ï‚· Pass related product knowledge test.
689ï‚· Always abide by Retailer policies and procedures.
690ï‚· Refrain from fraternizing with Retail Employees and always maintain a professional
691relationship.
692F. Customer and Public Relations
693The Company’s reputation has been built on excellent service and quality of work. To maintain
694this reputation requires the active participation by every employee.
695Opinions and attitudes towards the Company may be determined for a long period of time by
696the actions of one employee. Each employee must be sensitive to the importance of providing
697courteous treatment in all working relationships.
698G. Solicitation and Distribution
699To ensure a productive and professional work environment, solicitation by an employee of
700another employee is prohibited while either person is on working time.
701Employee distribution of literature, handbills or other printed materials in work areas (including
702client’s stores) is prohibited at all times.
703Solicitation or distribution of literature by non-employees on Company premises is prohibited at
704all times.
705H. Changes in Personal Data
706The Company needs to maintain up-to-date information about you so we are able to aid you and
707your family in matters of personal emergency.
708Please provide changes in your name, address, telephone number, marital status, number of
709dependents or changes in next of kin and/or beneficiaries promptly to your Human Resources
710Manager or by updating your information via the Company’s online employee portal.
711I. Protecting Company Information
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713It is the responsibility of every employee to protect the Company’s confidential information and
714all employees and officers share a common interest in ensuring that such information is not
715properly or accidentally disclosed.
716Do not discuss the Company’s confidential business with any individual outside the Company.
717Do not respond to any media inquiries but refer them to the Vice President of Retail Operations.
718The business affairs of the Company should not be discussed outside the organization except
719when required in the normal course of business. Information concerning manufacturing,
720processes, material purchases, regulatory matters, and similar subjects should be regarded as
721trade secrets and confidential information, the disclosure of which to unauthorized persons is
722harmful to the Company’s business. Access to any sensitive Company information and
723operating procedures will be limited to those employees on a “need to know†basis only.
724Unauthorized employees are prohibited from attempting to obtain or observe this information.
725Any employee in the possession of confidential information or trade secrets is responsible for
726their security and extreme care must be taken to ensure that this information is safeguarded to
727protect the Company, its suppliers and its customers.
728J. Conflicts of Interest
729An employee’s primary duty is to represent the Company at all times to the best of his or her
730ability. To this end, an employee should not become involved in any situation which may create
731a personal interest or place the employee under an obligation that may interfere with this
732primary duty. Each employee has the duty to be free at all times from any influence with might
733conflict or appear to conflict with the interest of the Company or which might deprive the
734employee of his or her undivided loyalty and business dealings.
735Several examples of conflict of interest which should always be avoided are set forth below, and
736similar situations must be scrupulously avoided.
7371. If an employee or member of his or her immediate family has a financial interest in a firm
738which does business with the Company and the interest is sufficient to effect the
739employee’s decisions or actions, the employee must report the interest to the Company
740and must not represent the Company in any such transaction;
7412. No employee or member of his or her immediate family shall accept gifts from any
742person or firm dealing or seeking to do business with the Company under any
743circumstances from which it might be reasonably inferred that the purpose of the gift is to
744influence the employee in the conduct of Company business. Such gift should be
745returned with a note of explanation. Employees are not prohibited from accepting
746advertising novelties such as pens, pencils and calendars or other gifts of nominal value
747when circumstances clearly show that such gifts are offered for reason simply of
748personal esteem and affection.
7493. No employee shall directly or indirectly give, offer or promise anything of value to any
750representative of any financial institution in connection with any transaction or business
751that the Company may have with such financial institution.
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7534. No employee should maintain an ownership interest (for example, stock) in a competitor
754of the Company.
7555. No employee should directly or indirectly engage in conduct which is disloyal, disruptive,
756competitive or damaging to the Company.
757K. Care of Equipment
758You are expected to use proper care when using the Company’s property and equipment. No
759Company property may be removed from the premises without the proper authorization. If any
760Company property is lost, broken or damaged for any reason whatsoever, you must report it to
761your supervisor immediately.
762L. Dress Code Policy
763All employees are expected to maintain the highest standard of professional cleanliness and
764present a neat, professional appearance at all times. Refer to the Dress Code Policy for specific
765details.
766M. Outside Employment
767The Company requires you to provide notification of your other employment relationships. Prior
768to starting a new position at an outside company, you are required to notify your Human
769Resources Manager in writing.
770Any outside employment must not conflict in any way with your responsibilities with the
771Company. You may not for any reason work for a competitor.
772N. Bulletin Board
773Summit Retail Solutions, Inc. Online Portal
774O. Good Housekeeping
775Good housekeeping, good work habits and a neat place to work are essential for job safety and
776efficiency. All employees are expected to keep their place of work organized and in good order
777at all times. All employees are expected to report anything that needs repair or replacement to
778their immediate supervisor. All employees are expected to respect the rules and company
779expectations of the retailers they may be assigned to work in.
780P. Smoking Policy
781The Company is committed to providing a safe and healthy environment for employees and
782visitors. Due to recent EPA rulings which have raised concerns in regards to the effects of
783health caused by second-hand smoke, smoking is prohibited in all indoor areas, including client
784stores, and is allowed only in outside areas designated as smoking areas. Tobacco includes:
785cigarettes, cigars, pipes, chewing tobacco, and smokeless cigarettes (e-cigarettes). Company
786does not discriminate against employees based on tobacco use that complies with this Policy.
787However, smoking is not allowed on any Retailer property, unless in one’s personal vehicle.
788Company prohibits the use of tobacco within the retail locations we work in, including: (1)
789restrooms, lunchrooms, and all indoor work areas; (2) backrooms, loading docks and
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791stockrooms; and (3) the perimeter of the building within 20 feet. The back door (receiving area)
792and the surrounding areas are considered Company property and must never be utilized for
793smoking. Exiting through the back door for breaks, meals and/ or smoke breaks is strictly
794prohibited. There should be no smoking in areas that are visible to customers or members of
795the retail establishments or other places of business that an employee is running a roadshow or
796event.
797Employees who violate this policy may be subject to discipline, up to and including termination
798of employment.
799Q. General Safety Precautions
800Safety can only be achieved through teamwork at the Company. Each employee supervisor
801and manager must practice safety awareness by thinking defensively, anticipating unsafe
802situations and reporting unsafe conditions immediately.
803Please observe the following precautions:
8041. Notify your supervisor of any emergency situations. If you are injured or become sick at
805work, no matter how slightly, you must inform your supervisor immediately.
8062. Request assistance when lifting or pushing heavy objects.
8073. Understand your job duties fully and follow instructions. If you are not sure of the safest
808procedure, don’t guess, ask your supervisor.
8094. Know the locations, contents and use of all first aid and firefighting equipment.
8105. The possession, discharge or display of any firearms is strictly prohibited.
811The violation of any safety precaution is in itself an unsafe act and may lead to disciplinary act
812up to and including discharge.
813R. Substance Abuse
814The Company strives to provide a safe work environment and encourages good personal health
815habits. In this regard, the Company considers on the job use of drugs or alcohol to be unsafe
816and counterproductive. No employee shall work, report to work, or be present on Company or
817client premises or engaged in Company activities while under the influence of alcohol or an
818illegal drug.
819Illegal drugs are controlled substances recognized as a drug in the United States and/or defined
820as illegal under federal, state or local laws.
821A controlled substance is not illegal if an employee is proscribed the substance and uses the
822substance according to the prescription. No employee may possess or consume alcohol or
823illegal drugs on Company premises or on any Retailer’s property that Summit Retail Solutions,
824Inc. conducts business with at any time.
825The unlawful unauthorized manufacture, distribution, dispensation, possession, sale or use of
826alcohol or illegal drugs on Company or client premises or while engaged in Company activities
82721 | P a g e
828is strictly prohibited. Any violation of this substance abuse policy may result in disciplinary
829action, up to and including discharge. Please be advised that substance abuse includes not
830only the manufacturing, possession, use, purchase or sale of drugs or alcohol on Company or
831client premises, but includes reporting to work under the influence of illegal drugs or alcohol.
832This will not be tolerated. From time to time alcohol use at Company functions may be
833permitted in moderation if the Company specifically authorizes the same.
834The Company reserves the right to take any and all appropriate and lawful actions necessary to
835enforce the substance abuse policy including, but not limited to, the inspection of the
836employee’s personal property while employee is working. All employees are expected to fully
837comply with this policy.
838Consistent with our fair employment policy, the Company maintains the policy of nondiscrimination
839and reasonable accommodation with respect to recovering addicts or alcoholics.
840S. Reimbursement
841The Company may reimburse employees for the reasonable cost of transportation, meals,
842demonstration items, and travel incurred on Company business. Employees must obtain prior
843written approval of both the type and anticipated cost of the expense from his/her Market
844Manager in writing prior to incurring the expense.
845In order to be considered for reimbursement, you must submit a completed Expense Report to
846expenses@summitretailsolutionsinc.com within 30 days of incurring the expense. The report
847must be signed by your supervisor and must contain receipts for all meals, lodging,
848demonstration items, and transportation for which you are seeking reimbursement. Failure to
849provide such receipts or submission of an incomplete or late Expense Report will result in you
850not being reimbursed. Please review the Expense Reimbursement Policy for more details.
851T. Use of Your Own Vehicle
852Summit Retail Solutions, Inc. employees may need to use their personal cars for Company
853business such as transporting goods or marketing materials to other places of business or
854business errands such as going to a supply store. Normal commutes to and from Retail
855locations to and from an Employee’s home is not considered business use.
856All employees who use their personal vehicles for Company business accept the responsibility
857of incurring the necessary expenses to ensure their vehicles are in safe operating condition.
858Employees must notify Company immediately of all accidents that occur on Company time or
859while conducting Company business.
860Any employee who uses his or her personal vehicle for Company business must have a valid
861driver’s license or other valid driver authorization. It is not the Company’s policy to reimburse
862for any gas, mileage or tolls within the home geographic location. Summit Retail Solutions, Inc.
863employees are not paid for commute time- only paid when they are working in the retail location.
864In rare circumstances, you may be required to travel outside of your typical geographical area
865(defined as home POD). Out-of-pocket fees incurred while traveling on Company business
866outside Employee’s home POD may be reimbursed with prior approval from your Market
867Manager. This must be done with prior written approval. If traveling outside of your home POD,
868Employees may be eligible for gas and or travel reimbursement. This would only be reimbursed
869with prior approval from your Market Manager. Any request for reimbursement must have prior
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871approval and, with the Company’s discretion. All travel receipts must be saved to generate an
872expense report. The Company assumes no responsibility beyond pre-approved out- of- pocket
873tolls and parking fees incurred while traveling on business out of your home POD.
874Company does not provide automobile insurance of any kind for any employee that uses his or
875her personal automobile. In the event that an employee is involved in an accident while using
876their automobile, the employees are solely legally liable for any damage to their cars and any
877related claim or lawsuit. The Employee is required to carry at least the minimum insurance
878coverage required by law.
879Automobiles used for Company business must be covered by automobile liability insurance with
880bodily injury limits and property damage limits of not less than those required by the states in
881which the vehicle is registered.
882While on Company business, no passengers, other than Summit Retail Solutions, Inc.
883employees are permitted in the vehicle without prior written approval.
884The responsibility of operating any vehicle in a safe manner lies with the individual driver. Cell
885phones should only be used in the accordance with the cellular phone/ device policy.
886Summit Retail Solutions, Inc. reserves the right to check motor vehicle records, motor vehicle
887safety inspection certificates and insurance certificates annually or more frequently.
888Employees who do not meet the minimum standards, could be subject to a change in job or
889dismissal.
890U. Travel
891At times, employees may be asked to travel outside of his or her home POD. Summit Retail
892Solutions, Inc. will review travel requests from Manager and provide pre-approval depending on
893distance outside of home POD. The Company does not generally provide cash advances for
894travel. Company will, however, arrange travel accommodations on employee’s behalf. All
895reservations, including airline, hotel, car rental, and other, will be made by Company’s travel
896team, unless otherwise agreed to by Director of Human Resources.
897Travel will be requested by management and booked through Company’s travel team. Should
898there be questions regarding travel, Employee should contact his or her Manager and Travel
899Team (travel@summitretailsolutionsinc.com). If a last minute situation occurs, pre-approval for
900self-booking and reimbursement is granted. Employees are to report their approved expenses
901on the appropriate Expense Reimbursement Form. Please review the Expense Reimbursement
902Policy for more details.
903Hotel Accommodations: Hotel bookings are generally reserved at least a day prior or the day of
904a Roadshow start once confirmation of show is obtained. Hotel assignments are to be
905Male/Male or Female/Female. Opposite sex assignments are not permissible. Should you
906require a hotel reassignment for any reason, please contact your Manager and the Travel
907Team.
908Airline Travel: Whenever air transportation is used, reservations are to be made as far in
909advance as possible and the lowest airfare should be used.
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911Car Rental: Whenever car rentals are reserved, economy-class vehicles are to be booked (i.e.,
912less than or equal to mid-size). When three or more travelers share a vehicle, rental of a fullsize
913sedan is standard.
914Self-Booking: Pre-approval on all self-booking is required in writing.
915Should you require special assistance or travel accommodation, please contact Director of
916Human Resources immediately.
917V. If You Must Leave Us
918Should you decide to leave your employment with the Company, we request that your provide
919your supervisor with at least two (2) weeks advance notice. Your thoughtfulness in providing
920such notice is appreciated and will be notable favorably in your personnel file.
921In addition, all employees voluntarily terminating their employment with the Company are
922required to complete a brief exit interview prior to leaving.
923Finally, you should notify the Company if your address changes at any time during the calendar
924year in which you terminate your employment so that important tax information will be sent by
925the Company to the proper address.
926W. Reference Policy
927Employees seeking references should be directed to Human Resources Department. It is policy
928of Summit to only provide confirmation of employment, positions held by the employee and the
929dates of employment in response to reference requests. If a supervisor receives a request from
930a former employee to serve directly as a reference, the supervisor should refrain from response
931and direct the reference request to the Human Resources Department.
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933RECEIPT OF THE EMPLOYEE HANDBOOK
934I, the undersigned, have this day received a copy of the _____________ Employee Handbook.
935I understand that this handbook (and its Exhibits and State Specific Section) has been provided
936to me for guidance purposes only, and that this Handbook is not a contract of employment, nor
937does it provide me with any contractual rights.
938I understand that I am an employee-at-will, and that I or the Company may terminate our
939employment relationship at any time for any reason or no reason at all.
940I understand that this Handbook replaces any and all prior handbooks, policies and practices of
941the Company, and I also understand that the policies and benefits contained herein may be
942added to, deleted, disregarded or changed by the Company at any time in its sole discretion,
943and that the Company will provide me with notice of such changes.
944Name: ____________________________________________
945Date: ____________________________________________
946Employee’s Signature: _______________________________
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948Exhibit A
949Guidelines for Employee Relationships
950During working time and in working areas employees are expected to keep personal exchanges
951limited so that others are not distracted or offended by such exchanges and so that productivity
952is maintained.
953During non-working time, such as lunches, breaks and before and after work periods, employees
954are not precluded from having appropriate personal conversations in non-work areas as long as
955their conversations and behaviors could in no way be perceived as offensive or uncomfortable to
956a reasonable person.
957Employees are strictly prohibited from engaging in physical contact that would in any way be
958deemed inappropriate by a reasonable person while anywhere on Company premises, whether
959during working hours or not.
960Employees who allow personal relationships with coworkers to affect the working environment
961will be subject to appropriate corrective action. Failure to change behavior and maintain expected
962work responsibilities may be viewed as a serious misconduct.
963Employee off-duty conduct is generally regarded as private, as long as such conduct does not
964create problems within the workplace. An exception to this principle, however, is romantic or
965sexual relationships between two individuals employed by Summit.
966Employees must disclose the existence of any relationship with another coworker that has
967progressed beyond a platonic friendship. Disclosure may be made to the immediate supervisor
968or your Human Resources Manager. This disclosure will enable the Company to determine
969whether any conflict of interest exists because of the relative positions of the individuals involved.
970Where problems or potential risks are identified, the Human Resources Manager will work with
971the parties involved to consider options for resolving the problem. The initial solution may be to
972make sure that the parties involved no longer work together on matters where one is able to
973influence the other or take action for the other. Matters such as hiring, firing, promotions,
974performance management, compensation decisions, financial transactions, etc., are examples of
975situations that may require reallocation of duties to avoid any actual or perceived reward or
976disadvantage.
977In some cases other measures may be necessary such as transfer to other positions or
978departments.
979Refusal of reasonable alternative positions, if available, will be deemed a voluntary resignation.
98026 | P a g e
981Continued failure to work with the Human Resources Manager to resolve such a situation in a
982mutually agreeable fashion may ultimately be deemed insubordination and therefore serve as
983cause for immediate termination.
984The provisions of this policy apply regardless of the sexual orientation of the parties involved.
985Any employee who feels they have been disadvantaged as a result of this policy, or who believes
986this policy is not being adhered to, should make their feelings known to the Director of Human
987Resources.
98827 | P a g e
989Exhibit B
990SOCIAL MEDIA POLICY
991This policy applies to all employees’ use of Social Media regardless of whether the conduct is
992during business hours or non-working hours, or whether the conduct occurs using any Summit
993devices or personal devices/communication systems.
994Summit recognizes that employees may engage in communication on the Internet and other
995related outlets outside of work hours using personal electronic equipment through such avenues
996as personal websites, blogs, Facebook, Twitter, LinkedIn, Instagram, YouTube, chat rooms,
997webmail, email, and other social media (“Social Mediaâ€). When engaging in Social Media,
998employees must bear in mind that such communications cannot be easily controlled and may be
999widely distributed with or without the employee’s knowledge. It is imperative that employees avoid
1000engaging in communications that lead the reader to conclude that the communication is
1001connected to or made on behalf of Summit or which negatively reflect on Summit. Unless
1002specifically instructed, employees are not authorized to speak on behalf of Summit and if unclear
1003in the context, should make sure that the views they are expressing are solely their own.
1004The employees should comply with the following guidelines:
1005(a) Summit employees may not discuss clients, products, company information, client
1006information, work experiences, store experiences, or any confidential or proprietary
1007company information.
1008(b) Summit employees should not create online profiles, user names or identities that
1009indicate an affiliation with Summit unless specifically authorized to do so.
1010(c) Summit views its trademark, logo, employment agreements, policies, portal
1011documents, name and property as being proprietary and not available for use or
1012publication on the Internet by employees. Employees may not post photographs, videos,
1013or other pictorial characterizations of Summit’s trademark, logo, employment agreements,
1014policies, portal documents name or property for any reason unless it is within the specific
1015performance of their job duties and authorized. Creating or using Social Media or other
1016communications which identifies the employee’s affiliation with Summit (such as creating
1017an ID which identifies Summit) is prohibited unless previously approved by Summit.
1018(d) Employees should never post any personal information, photos, etc. about a coworker,
1019store or customer.
1020(e) Employee’s social media usage should not identify Summit or describe their
1021employment with Summit unless express permission is given by Summit or unless as
1022provided below.
1023(f) If Summit determines that the employee is engaging in inappropriate Social Media
1024use, for example using any racial or ethnic slurs, profanity, personal insults, or any other
1025form of offensive language, employee may be disciplined, up to and including termination,
1026even if the Social Media did not in any way identify the employee’s relationship to Summit.
102728 | P a g e
1028(g) Managers should assume that employees they supervise will read what is written.
1029Managers should avoid comments that may adversely affect his/her ability to manage or
1030negatively impact his or her relationships with his or her reports.
1031(h) Employees should assume that Summit will read what they write. Employees have
1032no expectation of privacy in their use of Social Media that is publically accessible or that
1033becomes accessible to Summit through legal means. Before posting any comment, photo,
1034etc., employees should understand that there may be job-related consequences.
1035(i) If the employee “friendsâ€, “is linked toâ€, “re-tweetsâ€, “re-posts†or has other
1036connections with Summit employees on Social Media, all postings and communications
1037through that Social Media should be considered to be as if made during working hours
1038even if they are not generally public.
1039(j) Do not rely upon privacy settings. Privacy settings fail and information that is
1040“private†may very easily be shared with unintended users.
1041(k) Employees shall remember that when the employee’s affiliation with Summit
1042ceases, employees shall no longer refer to themselves as employees on Social Media
1043platforms.
1044(l) Employees should not advertise shows they are hosting without prior approval of
1045Summit.
1046Exceptions:
1047Encouraged Summit Social Media Use: Employees are encouraged to “Like†(or express a similar
1048positive response to) Summit’s official social media postings, connect with or be “friends†with
1049Summit’s official social media profile, or “re-tweetâ€, “shareâ€, “re-publish†or otherwise share in a
1050positive, verbatim manner Summit’s official postings. This applies to all other social media sites.
1051NRLA Exception: Notwithstanding anything to the contrary herein, this policy does not prohibit
1052activities that are protected by the National Labor Relations Act (“NLRAâ€). Such activities
1053generally constitute communications amongst employees, or activities designed to elicit such
1054communications, which concern the terms and conditions of employment. An employee’s social
1055media activity will not be protected under the NLRA if it does not seek to involve other employees,
1056protests over the quality of services provided by Summit that are only tangentially related to
1057employee terms and conditions of employment, OR is an activity that is carried out in a reckless,
1058obscene, illegal or malicious manner. For example, a string of postings amongst employees
1059about payroll deductions is not subject to this policy and is permissible. Summit does not seek to
1060monitor such communications and such communications will not result in discipline by Summit.
1061By contrast, a string of posts amongst employees that pokes fun at a customer of Summit is
1062subject to this policy, monitoring and could result in discipline.
1063Photo and Video Release
1064The company asks that employees sign off on a photo or video release to publish photographs or
1065videos taken of me and my name and likeness, for use in the Summit Retail Solutions, Inc.'s print,
1066online and video-based marketing materials, as well as other Company publications, which may
1067be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the
1068finished product wherein my likeness appears.
1069Photographic, audio or video recordings may be used for the following purposes:
1070ï‚· conference presentations
1071ï‚· educational presentations or courses
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1073ï‚· informational presentations
1074ï‚· on-line educational courses
1075ï‚· educational videos
1076ï‚· marketing: on-line, collateral, banners
1077Any participation is voluntary and no employee will receive financial compensation or royalties of
1078any type associated with the taking or publication of these photographs or participation in
1079company marketing materials or other Company publications.
108030 | P a g e
1081Exhibit C
1082State Agencies
1083Connecticut Commission on Human Rights and Opportunities
108425 Sigourney Street
1085Hartford, CT 06106
1086860-541-3400
1087Connecticut Toll Free 1-800-477-5737
1088Delaware: The Office of Anti-Discrimination
10894425 N. Market St.
1090Wilmington, DE 19802
1091302-761-8001
1092District of Columbia- Office of Human Rights
1093One Judiciary Square
1094441 4th Street, NW, Suite 970 N
1095Washington, DC 20001
1096Tel: (202) 727-4559
1097Fax: (202) 727-9589
1098New Jersey Division on Civil Rights:
1099Trenton Regional Office - 609-292-4605 / TTY: 609-292-1785
1100Camden Office - 856-614-2550 / TTY: 856-614-2574
1101Atlantic City Office - 609-441-3100 / TTY: 609-441-7648
1102Newark Office - 973-648-2700 / TTY: 973-648-4678
1103Florida Commission on Human Relations:
11042009 Apalachee Parkway, Suite 100
1105Tallahassee, FL 32301
1106Phone: 850-488-7082
1107Toll-Free: 1-800-342-8170
1108For Those with Communication Impairments:
1109The Florida Relay Service Voice (statewide) 711
1110TDD ASCII 1-800-955-1339
1111TDD Baudot 1-800-955 – 8771
1112Georgia Commission on Equal Opportunity (CEO)
1113West Tower, Suite 1002
11142 Martin Luther King, Jr. Drive, SE
1115Atlanta, GA 30334
111631 | P a g e
1117Tel: (404) 656-1736
1118Fax: (404) 656-4399
1119Toll Free: (800) 493-OPEN
1120Maine Human Rights Commission
112151 State House Station
1122Augusta, ME 04333-0051
1123Tel: (207) 624-6050
1124Fax: (207) 624-6063
1125TDD: (207) 624-6064
1126Maryland Commission on Civil Rights:
1127William Donald Schaefer Tower
11286 Saint Paul Street, 9th Floor
1129Baltimore, MD 21202-1631
11301-800-637-6247
1131Massachusetts Commission Against Discrimination:
1132One Ashburton Place
1133Boston, MA 02108
1134617-727-3990
1135Mississippi Equal Employment Opportunity Commission (EEOC)
1136Jackson Area Office
1137Dr. A.H. McCoy Federal Building
1138100 West Capitol Street, Suite 207
1139Jackson, MS 39269
1140Phone: 601-965-4537
1141New Hampshire Commission For Human Rights
11422 Chenell Drive Unit 2
1143Concord, NH 03301-8501
1144Telephone: 603-271-2767
1145New York State Division of Human Rights:
1146Toll-free: 1-888-392-3644; TDD/TTY: 718-741-8300
1147North Carolina Office of Administrative Hearings, Civil Rights Division (FEPA)
11481711 New Hope Church Road
1149Raleigh, N.C. 27609
1150Ohio Civil Rights Commission
11511-888-278-7101
1152Pennsylvania Human Relations Commission (FEPA)
1153300 Liberty Avenue
1154Pittsburgh, PA 15222
1155Phone: 412-565-5395
1156Rhode Island Commission for Human Rights
1157180 Westminster Street, 3rd Floor
115832 | P a g e
1159Providence, RI 02903-3768
1160Phone: (401) 222-2661
1161South Carolina Human Affairs Commission
1162P.O. Box 4490
11632611 Forest Drive, Suite 200
1164Columbia, SC 29204
1165Toll-free: (800) 521-0725
1166Tennessee Human Rights Commission (THRC)
1167General Information Statewide
1168Phone: (800) 251-3589
1169Nashville Office:
1170530 Church Street, Suite 305
1171Cornerstone Square Building
1172Nashville, TN 37243-0745
1173Phone: (615) 741-5825
1174Fax/3rd Floor: (615) 253-1886
1175Fax/4th Floor: (615) 532-2197
1176Toll-Free: 1-800-251-3589
1177Texas Workforce Commission -- Civil Rights Division
11781117 Trinity St., Room 144T
1179Austin, Texas 78701
1180Toll-free within Texas: (888) 452-4778
1181Vermont Human Rights Commission
1182135 State Street
1183Drawer 33
1184Montpelier, VT 05633-6301
1185Voice/TTY: (802) 828-2480
1186Fax: (802) 828-2481
1187Toll Free: (800) 416-2010 Voice/TTY
1188Virginia Council on Human Rights:
1189Suite 1202, Washington Building, 1100 Bank Street,
1190Richmond, Virginia 23219,
11911-804-225-2292
119233 | P a g e
1193Massachusetts State Notices
1194MA1. Massachusetts PTO (See Section IV(B) of the Main Handbook)
1195Employees who work in Massachusetts are entitled to Paid Sick Time. Employees accrue
1196paid time in the amount of 1 hour per 30 hours worked (nonexempt) or 1.34 hours per week
1197worked (exempt) for purposes of Massachusetts Paid Sick Time statute. Paid Sick Time is subject
1198to a forty (40) hour cap, meaning that an Employee will not earn time beyond forty (40) hours and
1199will stop accruing time once the cap is reach. Accrual will re-start once the time falls below the
1200cap. A maximum of 40 hours of Paid Sick Time can be taken per calendar year. Paid Sick Time
1201cannot be taken within the first ninety (90) days of employment.
1202Unused Paid Sick Time will not be paid upon termination. Leave taken for the following
1203purposes is considered to be protected under the Massachusetts Paid Sick Time statute: (1) to
1204care for the employee's child, spouse, parent, or parent of a spouse, who is suffering from a
1205physical or mental illness, injury, or medical condition that requires home care, professional
1206medical diagnosis or care, or preventative medical care; (2) to care for the employee's own
1207physical or mental illness, injury, or medical condition that requires home care, professional
1208medical diagnosis or care, or preventative medical care; (3) to attend the employee's routine
1209medical appointment or a routine medical appointment for the employee's child, spouse, parent,
1210or parent of spouse; or to (4) address the psychological, physical or legal effects of domestic
1211violence. When is taken for a qualifying reason, the employee needs to inform Company that the
1212leave is being taken for one of these reasons so that Company can treat it as protected.
1213PTO time taken for Massachusetts Sick Time Leave is subject to several protections.
1214Company will not take any action against any employee who is taking or attempting to take such
1215leave, or otherwise taking action to oppose what the employee believes is a violation of the law.
1216Should employees wish for PTO to qualify for Massachusetts Sick Time Protection, they should
1217mention the reason for the leave to Human Resources, which may then in turn require medical
1218documentation or other documentation for leaves lasting more than 24 hours. Employees must
1219provide 7 days’ notice (if foreseeable) of their intent to take Massachusetts Sick Time Leave.
1220Employees who have questions can call the Fair Labor Division of the Commonwealth of
1221Massachusetts Office of the Attorney General, 617-727-3465,
1222www.massgov/ago/earnedsicktime. Employees can file an action under the law with the Attorney
1223General and after 90 days (or earlier with consent) can bring a civil action in court.
122434 | P a g e
1225MA2. Massachusetts Paternity Leave Act (MPLA)
1226(See Section IV of the Main Handbook)
1227Full time employees (both male and female) are eligible for 8 weeks of unpaid
1228consecutive paternity leave under the MPLA if:
1229A. They have been employed for at least 90 days as a regular full-time employee; and
1230B. They are absent from such employment for a period not exceeding eight weeks for the
1231purpose of:
1232ï‚· giving birth; or
1233ï‚· adopting a child under the age of 18; or
1234ï‚· adopting a child under the age of 23, if the child is mentally or physically disabled;
1235and
1236C. They give the Company at least two weeks’ notice of the anticipated date of departure
1237and intention to return.
1238This leave is without pay though the employee may choose (but are not required to)
1239substitute accrued paid leave. When possible, MPLA leave will run concurrently with FMLA leave.
1240Employees will only be eligible for health insurance after the first two weeks of leave if they pay
1241the full cost of the health insurance through COBRA, unless otherwise legally required (for
1242example, when the leave also qualifies for FMLA time). Employees should give employers as
1243much advanced notice as practicable.
1244MA3. Massachusetts Small Necessities Leave Act
1245(See Section IV of the Main Handbook)
1246The Small Necessities Leave Act mandates that certain employers provide up to 24 hours
1247of unpaid leave during any twelve-month period to “eligible employees.†Company calculates the
124812 month period as those months preceding the request. This leave is in addition to the 12 weeks
1249already allowed under the Federal Family and Medical Leave Act.
1250Employees are eligible for the 24-hour leave under the statute if their employer has 50 or
1251more employees working within 75 miles of the worksite of the employee requesting the leave. In
1252addition, the employee must (i) have been employed for at least 12 months by the employer and
1253(ii) provided at least 1,250 hours of service for the employer during the previous immediate 12
1254month period.
1255The twenty-four hours unpaid leave may be taken for any of the following reasons:
1256ï‚· To participate in school activities directly related to the educational advancement of a
1257son or daughter of the employee, such as parent-teacher conferences or interviewing
1258for a new school. School is broadly defined to include any private/public
1259elementary/secondary school, Head Start programs, and licensed day care facilities.
1260ï‚· To accompany the son or daughter of the employee to routine medical or dental
1261appointments, such as check-ups or vaccinations.
1262ï‚· To accompany an elderly relative of the employee to routine medical or dental
1263appointments or appointments for other professional services related to the elder’s
126435 | P a g e
1265care, such as interviewing at nursing or group homes. An “elderly relative†is defined
1266as a person at least 60 years of age, related by blood or marriage to the employee.
1267To be entitled to the leave, Employees must provide notice to the employer as follows: (1) if
1268the need for leave is foreseeable, the employee must request the leave not later than 7 days in
1269advance; and (2) if the need is not foreseeable, the employee must notify the employer as soon
1270as practicable under the particular circumstances of the individual case. To the extent possible,
1271employees must provide written notice to the employer. If not feasible, employees may request
1272leave orally. If oral notification is given, a written request must be submitted within three days.
1273MA4. Domestic Violence Leave (See Section IV of the Main Handbook)
1274An employee is eligible for Domestic Violence Leave when the employee has: (1) been
1275employed by the company for at least 12 months and (2) worked at least 1,250 hours in the 12
1276months preceding the leave.
1277Under Massachusetts’ law, eligible employees may take a total fifteen (15) days of unpaid
1278leave from work in any 12 month period if: (i) the employee, or a family member of the employee,
1279is a victim of abusive behavior; (ii) the employee is using the leave from work to: seek or obtain
1280medical attention, counseling, victim services or legal assistance; secure housing; obtain a
1281protective order from a court; appear in court or before a grand jury; meet with a district attorney
1282or other law enforcement official; or attend child custody proceedings or address other issues
1283directly related to the abusive behavior against the employee or family member of the employee;
1284AND (iii) the employee is not the perpetrator of the abusive behavior against such employee’s
1285family member.
1286“Family member†includes (i) persons who are married to one another; (ii) persons in a
1287substantive dating or engagement relationship and who reside together; (iii) persons having a
1288child in common regardless of whether they have ever married or resided together; (iv) a parent,
1289step-parent, child, step-child, sibling, grandparent or grandchild; or (v) persons in a guardianship
1290relationship.
1291Except in cases of imminent danger to the health or safety of an employee, an employee
1292seeking leave from work under this section shall provide appropriate advance notice of the leave
1293to the employer. If there is a threat of imminent danger to the health or safety of an employee
1294or the employee’s family member, the employee shall not be required to provide advanced notice
1295of leave; provided, however, that the employee shall notify the Company within 3 workdays that
1296the leave was taken or is being taken under this section. Such notification may be communicated
1297to the Company by the employee, a family member of the employee or the employee’s counselor,
1298social worker, health care worker, member of the clergy, shelter worker, legal advocate or other
1299professional who has assisted the employee in addressing the effects of the abusive behavior on
1300the employee or the employee’s family member. If an unscheduled absence occurs, the
1301Company shall not take any negative action against the employee if the employee, within 30 days
1302from the unauthorized absence or within 30 days from the last unauthorized absence in the
1303instance of consecutive days of unauthorized absences, provides satisfactory documentation
1304substantiating the need for leave.
1305The Company will require documentation to substantiate the need for leave under this
1306section, such as: (1) a protective order, order of equitable relief or other documentation issued by
1307a court of competent jurisdiction as a result of abusive behavior against the employee or
130836 | P a g e
1309employee’s family member; (2) a document under the letterhead of the court, provider or public
1310agency which the employee attended for the purposes of acquiring assistance as it relates to the
1311abusive behavior against the employee or the employee’s family member; (3) a police report or
1312statement of a victim or witness provided to police, including a police incident report, documenting
1313the abusive behavior complained of by the employee or the employee’s family member; (4)
1314documentation that the perpetrator of the abusive behavior against the employee or family
1315member of the employee has: admitted to sufficient facts to support a finding of guilt of abusive
1316behavior; or has been convicted of, or has been adjudicated a juvenile delinquent by reason of,
1317any offense constituting abusive behavior and which is related to the abusive behavior that
1318necessitated the leave under this section; (5) medical documentation of treatment as a result of
1319the abusive behavior complained of by the employee or employee’s family member; (6) a sworn
1320statement, signed under the penalties of perjury, provided by a counselor, social worker, health
1321care worker, member of the clergy, shelter worker, legal advocate or other professional who has
1322assisted the employee or the employee’s family member in addressing the effects of the abusive
1323behavior; (7) a sworn statement, signed under the penalties of perjury, from the employee
1324attesting that the employee has been the victim of abusive behavior or is the family member of a
1325victim of abusive behavior. Any documentation provided to an employer under this section may
1326be maintained by the employer in the employee’s employment record but only for as long as
1327required for the employer to make a determination as to whether the employee is eligible for leave
1328under this section. An employee shall provide such documentation within a reasonable period
1329after the employer requests documentation relative to the employee’s absence. All information
1330related to the employee's leave under this section shall be kept confidential by the employer and
1331shall not be disclosed, except to the extent that disclosure is: (i) requested or consented to, in
1332writing, by the employee; (ii) ordered to be released by a court of competent jurisdiction; (iii)
1333otherwise required by applicable federal or state law; (iv) required in the course of an investigation
1334authorized by law enforcement, including, but not limited to, an investigation by the attorney
1335general; or (v) necessary to protect the safety of the employee or others employed at the
1336workplace.
1337An employee seeking leave under this section shall exhaust all PTO leave and sick leave
1338available to the employee, prior to requesting or taking leave under this section, unless the
1339employer waives this requirement. By law, no employer (1) shall coerce, interfere with, restrain or
1340deny the exercise of, or any attempt to exercise, any rights provided under this section or to make
1341leave requested or taken hereunder contingent upon whether or not the victim maintains contact
1342with the alleged abuser; or (2) discharge or in any other manner discriminate against an employee
1343for exercising the employee’s rights under this section. The taking of leave under this section shall
1344not result in the loss of any employment benefit accrued prior to the date on which the leave taken
1345under this section commenced.
1346Upon the employee’s return from such leave, the employee shall be entitled to restoration
1347to the employee’s original job or to an equivalent position.
1348MA5. Massachusetts Jury Duty (See Section IV of the Main Handbook)
1349Massachusetts employees will be eligible for up to three days of paid leave at their normal
1350daily rate for the first three days in which they miss work to attend jury service in a calendar year.
1351PTO must be used during such leave if employee has accrued time.
1352MA6. Massachusetts Voting Leave (See Section IV of the Main Handbook)
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1354Upon advance notice, Massachusetts employees will be granted a leave of absence
1355during the two hours after the polls open in their districts on election days. This time will be unpaid
1356for nonexempt employees. If additional time is required to vote, employees should explain their
1357reasons for needing more time to vote in advance and such time may be granted.
1358MA7. Criminal Background Checks (Section IIE of Main Handbook)
1359This policy is applicable to the criminal history screening of prospective and current employees,
1360contractors, and volunteers.
1361Where criminal history for employment/work purposes is obtained by Company, the following
1362practices and procedures will be followed:
1363I. CONDUCTING SCREENING
1364Criminal background checks will only be conducted only as authorized by state laws. Depending
1365on state laws, criminal background information about arrests, probation, certain misdemeanors
1366and not relevant to your job or public safety will be disregarded.
1367Company will obtain your authorization prior to obtaining a criminal background check; however,
1368such authorization may be required for employment or continued employment.
1369II. ACCESS TO CRIMINAL RECORDS
1370All criminal record information obtained will only be made available to those limited to those
1371individuals at the Company who have a “need to knowâ€. This may include, but not limited to,
1372hiring managers, staff submitting the requests, and staff charged with processing job applications
1373or other employees making employment decisions. Company will maintain and keep a current
1374list of each individual authorized to have access to, or view, criminal record information.
1375III. TRAINING
1376An informed review of a criminal record requires training. Accordingly, all personnel authorized
1377to review or access criminal records will review, and will be thoroughly familiar with, the
1378educational and relevant training materials regarding applicable laws/information about
1379background checks.
1380IV. USE OF CRIMINAL HISTORY IN BACKGROUND SCREENING
1381Criminal records used for application purposes shall only be accessed for applicants who are
1382otherwise qualified for the position for which they have applied. Unless otherwise provided by
1383law, a criminal record will not automatically disqualify an applicant. Rather, determinations of
1384suitability based on background checks will be made consistent with this policy and any applicable
1385law or regulations.
1386V. VERIFYING A SUBJECT’S IDENTITY
138738 | P a g e
1388For each criminal record received, the Company will closely compare the information in the record
1389with the information on the Acknowledgment Form and any other identifying information provided
1390by the applicant to ensure the record belongs to the applicant.
1391If the information in the record provided does not exactly match the identification information
1392provided by the applicant, a determination is to be made by an individual authorized to make such
1393determinations at Company based on a comparison of the record and documents provided by the
1394applicant.
1395VI. INQUIRING ABOUT CRIMINAL HISTORY
1396In connection with any adverse decision regarding employment or volunteer opportunities,
1397Company will cause the subject to be provided with a copy of the criminal history record obtained
1398and information about where the background check was obtained, prior to the Company
1399questioning the subject about his or her criminal history. The source(s) of the criminal history
1400record is also to be disclosed to the subject. If Company chooses to question a subject on an
1401item in a criminal record, Company will use its discretion when assessing the information provided
1402by subject in response to such questioning.
1403VII. DETERMINING SUITABILITY
1404If a determination is made, based on the information provided in Section V of this policy, that the
1405criminal record belongs to the subject, and the subject does not dispute the record’s accuracy (or
1406the Company otherwise believes the record to be correct), then the determination of suitability for
1407the position or employment action will be made. Unless otherwise provided by law, factors
1408considered in determining suitability may include, but not be limited to, the following:
1409a) Relevance of the record to the position sought;
1410b) The nature of the work to be performed;
1411c) Time since conviction;
1412d) Age of the candidate at the time of the offense;
1413e) Seriousness and specific circumstances of the offense;
1414f) The number of offenses;
1415g) Whether the applicant has pending charges;
1416h) Any relevant evidence of rehabilitation or lack thereof; and
1417i) Any other relevant information, including information submitted by the candidate
1418or requested by the organization.
1419The Company or Company’s third party record provider will notify applicant of the decision and
1420the basis for it in a timely manner.
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1422New York State Notices
1423NYC1. New York City PTO (See Section IV(B) of the Main Handbook)
1424Please see New York City PTO Notice.
1425NY2. Voting Time Off (See Section IV of the Main Handbook)
1426New York employees who do not have sufficient time outside working hours to vote may take off
1427up to two hours at the beginning or end of their shift, with pay, to allow the employees to vote on
1428election day.
1429“Sufficient†time is defined as four consecutive hours either between the opening of the polls
1430and the beginning of their shift or between the end of their shift and the closing of the polls.
1431Employees availing themselves of this time must notify the Company no more than 10 or not
1432less than 2 days before the day of the election that they will be taking the time.
1433NY3. Blood Donation Time Off (See Section IV of the Main Handbook)
1434New York employees have the right under Section 202-j of the New York Labor Law to take leave
1435for off-premises blood donations once every calendar year for a period of no more than three
1436hours during the employee’s regular work schedule. Leave taken for blood donation will be unpaid
1437or the employee may use their PTO time. Employees must give at least three days’ notice of their
1438intention to take such leave. Untaken leave will not carry-over into future calendar years.
1439NY4. New York Rights of Nursing Mothers to Express Breast Milk in the Workplace
1440In addition to the rights under Federal Law, New York employees have the right to take
1441reasonable unpaid breaks (generally less than 20 minutes) for the purpose of expressing breast
1442milk for up to three years following child birth under New York Labor Law § 206-c. Employees
1443wishing to avail herself of this leave must give the Company advanced notice of the need for
1444leave. Nonexempt employees may work before or after their normal shift make up the time taken
1445on breaks if desired. The New York law also requires the Company make reasonable efforts to
1446provide a private room or other location (non-restroom), in close proximity to the employee’s work
1447area, for expressing breast milk. Employers are prohibited under the law from discriminating
1448against employees who choose to express breast milk under the law.
1449NY5. Domestic Violence Victim Protection
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1451New York specifically states that domestic violence victims are a protected class. See the
1452following Sections: Equal Employment Opportunity; Harassment (Including Sexual Harassment).
1453NY6. New York Use of Criminal Convictions (See Section IIE of Main Handbook)
1454Notwithstanding anything to the contrary in the Handbook, use of criminal convictions for New
1455York employees will be subject to the following provisions.
1456Under New York law, a New York employer may not take adverse action against an employee
1457who has been previously convicted of one or more criminal offenses or because of a belief that a
1458conviction record indicates a lack of "good moral character" unless there is a direct relationship
1459between one or more of the previous criminal offenses and the specific employment sought or
1460held, or employment of the individual would involve an unreasonable risk to property or to the
1461safety or welfare of specific individuals or the general public. In order to determine whether there
1462is either a direct relationship or unreasonable risk, the employer must consider the following
1463factors set forth in the New York Correction Law (See Notice):
1464ï‚· The public policy of this State, as expressed in the Correction Law, to encourage the
1465licensure and employment of persons previously convicted of one or more criminal
1466offenses
1467ï‚· The specific duties and responsibilities necessarily related to the license or
1468employment sought or held by the person
1469ï‚· The bearing, if any, the criminal offense or offenses for which the person was
1470previously convicted will have on his fitness or ability to perform one or more such
1471duties or responsibilities
1472ï‚· The time which has elapsed since the occurrence of the criminal offense or offenses
1473ï‚· The age of the person at the time of occurrence of the criminal offense or offenses
1474ï‚· The seriousness of the offense or offenses
1475ï‚· Any information produced by the person, or produced on his behalf, in regard to his
1476rehabilitation and good conduct
1477ï‚· The legitimate interest of the employer in protecting property, and the safety and
1478welfare of specific individuals or the general public
1479In making the determination, the employer must give consideration to a certificate of relief from
1480disabilities or a certificate of good conduct issued to the individual, which creates a presumption
1481of rehabilitation in regard to any offense specified in the certificate. The factors must be applied
1482on a case-by-case basis and each of the factors must be considered. If any additional
1483documentation is needed, it must be requested of the employee before any adverse determination
1484is made. It is not unlawful to discriminate if, upon properly weighing all the factors set out above,
1485a reasonable, good faith decision is made that the previous criminal offense bears a direct
1486relationship to the job duties, or if employment of the individual would involve an unreasonable
1487risk to safety or welfare.
1488NY7. Lawful Off-Duty Conduct (See EEO Policy In Main Portion of Handbook)
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1490New York Labor Law § 201-d protects New York employees from discrimination against
1491employees for their lawful, off-duty conduct or use of lawful products (subject to certain exceptions
1492therein, such as the ability to prohibit competitive conduct off duty). To the extent any of the
1493policies herein conflict with this law, the law will govern and the policy will be null.
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1495Rhode Island State Notices
1496RI1. Rhode Island Parental and Medical Leave Act (IV(I) of Main Handbook)
1497The Rhode Island Parental and Medical Leave Act (“RIFMLAâ€) guarantees eligible Rhode Island
1498employees the right to unpaid leaves of absence under certain circumstances similar to those of
1499the federal FMLA.
1500Eligibility: You are eligible when you have: (1) been employed by the company for at least 12
1501months; and (2) worked for an average of thirty (30) hours per week during the twelve (12) month
1502period preceding the leave.
1503Basic Entitlements. Thirteen (13) consecutive weeks in any two calendar year period for: (1) the
1504birth of a child or placement of a child for adoption; (2) the employee’s own “serious illness†if the
1505condition makes the employee unable to perform his or her job; or (3) care of a spouse, child, or
1506parent (including a parent-in-law) because of a “serious illness†of that family member.
1507Serious Illness: A “serious illness†means a disabling physical or mental illness, injury,
1508impairment, or condition that involves inpatient care in a hospital, a nursing home, or a hospice,
1509or outpatient care requiring continuing treatment or supervision by a health care provider.
1510Intermittent and Reduced Schedule Leave. Not permitted.
1511Measurement. Not a rolling period but during a period of two calendar years.
1512TDI/TCI Leave. While FMLA leave is unpaid, employees may apply for TDI/TCI benefits through
1513the state. FMLA leave will run currently with any TCI leave provided by the state. For example,
1514your TCI job protection will end after the first 4 weeks of leave and the next 9 weeks represent
1515the remainder of the 13 weeks allowed under RIFMLA.
1516School Involvement Leave. The RIFMLA also affords full time employees a total of ten (10) hours
1517of leave during a twelve (12) month period to attend school conferences or other school related
1518activities for a child of whom the employee is the parent, foster parent or legal guardian.
1519Employees must provide at least twenty-four (24) hours’ notice of this leave. This leave is also
1520unpaid, but employees may substitute any accrued paid leave (such as vacation or personal
1521days) for any part of this leave.
1522THIS LEAVE RUNS AT THE SAME TIME AS ANY OTHER LEAVE, INCLUDING FMLA.
152343 | P a g e
1524Restoration of Rights. Under the RIFMLA, most employees are entitled to reinstatement to their
1525original or equivalent position. Reinstatement will include full seniority to the date the leave began,
1526as well as all other benefits accrued at that time.
1527Health Insurance. Subject to the terms, conditions, and limitations of the applicable plans, the
1528company will continue to provide health insurance benefits for the full period of an approved family
1529and medical leave. Employees are responsible to pay their regular weekly contribution towards
1530health and dental insurance. Failure to make such payments may result in termination of benefits.
1531RI2. Rhode Island Family Military Leave (See Section IV of Main Handbook)
1532Family Members. This policy applies to Rhode Island employees who have worked at least 1250
1533hours in the previous 12 months and have been employed for at least 12 months. The Company
1534will grant an unpaid leave of absence to employees whose spouse or child is called to military
1535service lasting longer than thirty (30) days by order of the Governor of the State of Rhode Island
1536or the President of the United States. The maximum amount of leave is thirty (30) days However,
1537leave may not be taken until and unless all accrued vacation, personal or other paid leave has
1538been exhausted (sick or disability leave does not have to be exhausted). The employee must
1539provide at least fourteen (14) days’ notice of the date the leave will commence if the leave is
1540expected to last for five (5) or more consecutive days. Otherwise, the employee shall provide as
1541much notice as practicable. The employee should consult with his or her supervisor so as to
1542schedule leave to not unduly disrupt company operations. During leave, the employee may
1543continue to obtain benefits such as health insurance at the employee’s expense. Vacation,
1544seniority and other benefits do not accrue during leave. Unless conditions unrelated to the
1545employee’s exercise of this leave prevent it, upon completion of leave, the employee shall be
1546restored to their former position or an equivalent position.
1547RI3. Rhode Island Temporary Caregiver Insurance (See Section IV of Main Handbook)
1548Temporary Caregiver Insurance (“TCIâ€). The Rhode Island TDI program also provides up to four
1549(4) weeks during a benefit year to employees who require a leave of absence in order to: (a) bond
1550with a newborn child or a child newly placed for adoption or foster care during the first 12 months
1551of parenting; or (b) care for a seriously ill child, spouse, domestic partner, parent, parent-in-law,
1552or grandparent. Being seriously ill means any illness, injury, impairment, or physical or mental
1553condition that involves inpatient care in a hospital, hospice, residential healthcare facility, or
1554continued treatment or continuing supervision by a licensed health care provider. As with TDI,
1555employees must have earned certain qualifying wages to be eligible for this program and
1556employees must apply to DLT for TCI benefits. Unlike TDI, qualified TCI leave does include an
1557approved leave of absence. The Company will provide up to four (4) weeks’ leave during a benefit
1558year for TCI leave as long as the employee: (a) qualifies for leave; (b) provides the Company with
1559proof of such qualification from DLT; and (c) provides the Company with written notice of the intent
1560to take a leave of absence at least 30 days before the leave is to begin, unless the leave was
1561unforeseeable or the time of the leave changes due to unforeseeable circumstances. Employees
1562who take qualified TCI leave will be restored to the position they held upon the commencement
1563of the leave, or to an equivalent position. The Company will continue to provide health insurance
1564to enrolled employees during the TCI leave, but employees remain responsible for any employeeshared
1565costs associated with the health insurance benefits. As it relates to TCI’s 4 weeks of job
1566protection, while actually applying for benefits is up to you, the Company will consider your leave
1567for TCI to run concurrently with any other leave so that your TCI job protection will end after the
1568first 4 weeks of leave (and for example the next 8 weeks represent the remainder of the 12 weeks
156944 | P a g e
1570allowed under FMLA).Your continued absence from work beyond the leave granted will be
1571deemed a voluntary termination of your employment.
1572RI4. Rhode Island Temporary Caregiver Insurance (See Section IV of Main Handbook)
1573NOTICE OF RIGHT TO BE FREE FROM DISCRIMINATION BECAUSE OF
1574PREGNANCY, CHILDBIRTH AND RELATED CONDITIONS
1575State law protects employees and applicants from discrimination based on pregnancy,
1576childbirth and related conditions. Federal law provides similar protections.
1577ï‚· Employees and applicants have the right under Rhode Island law to request a
1578reasonable accommodation for conditions related to pregnancy, childbirth and related
1579conditions such as the need to express breast milk for a nursing child. This workplace
1580may not:
1581ï‚· Refuse to grant you reasonable accommodation unless it would create and undue
1582hardship on the employer’s enterprise, business or program;
1583ï‚· Require you to take a leave if another reasonable accommodation can be granted; or
1584ï‚· Deny you employment opportunities based on a refusal to provide a reasonable
1585accommodation.
1586If you want to request a reasonable accommodation, or if you have been discriminated against
1587based on pregnancy, childbirth or related condition, please contact one of the following staff
1588members: Director of Human Resources, Jilian Booth at 508-989-5433 or to the Human Resource
1589Manager, Michele Glassman at 774-305-5163.
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