FBC Lenexa Digital Handbook
EMPLOYEE POLICY AND PROCEDURE HANDBOOK
Corporate Office PO Box 2522 Kinston, NC 28502 Phone 252-527-8367 Fax 1-800-956-9201
POLICY AGAINST HARASSMENT It has always been the Company’s policy to maintain the best possible employment atmosphere for all employees. This policy includes the right of employees to be free from all forms of harassment of any kind by anyone in connection with their employment, including harassment because of a person’s race, color, religion, sex, national origin, sexual orientation, gender identity, gender expression, marital status, genetic information, military and veteran status, citizenship, age, disability (including pregnancy), or any other characteristic protected by state or local law (hereafter “Protected Characteristics”). In keeping with that policy, the Company will not tolerate harassment of any kind by or of any employees or applicants for employment. “Harassment” is defined as verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of one or more of the Protected Characteristics outlined above, or that of his or her relatives, friends, or associates, and that: • Has the purpose or effect of creating an intimidating, hostile, or offensive working environment. • Has the purpose or effect of unreasonably interfering with an individual’s work performance. • Otherwise adversely affects an individual’s employment opportunities. Examples of harassing conduct can include, but are not limited to, the following: • Use of epithets, slurs, negative stereotyping, or threatening, intimidating, or hostile acts that relate to any Protected Characteristics; • Written or graphic material that denigrates or shows hostility or aversion toward an individual or group because of any Protected Characteristics and that is placed on walls, bulletin boards, or elsewhere on Company premises, or circulated in the workplace; and • Verbal or nonverbal innuendoes that relate to or reflect negatively upon someone because of their Protected Characteristics. This policy specifically prohibits sexual harassment of any kind by anyone connected with your employment, whether at work or elsewhere, such as at Company functions. For purposes of this policy, “sexual harassment” means sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature when:
(a) submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or used as a basis for an employment decision; or, (b) such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual’s work performance by creating an intimidating, hostile, humiliating or sexually offensive work environment. This definition of sexual harassment is broad. Direct or implied requests by a supervisor for sexual favors in exchange for actual or promised job benefits such as, but not limited to, favorable reviews, salary increases, promotions, preferential shift assignments, increased benefits, or continued employment are sexual harassment and are prohibited. In addition to the above examples, other sexually oriented conduct, whether it is intended or not, that is unwelcome and has the effect of creating a workplace environment that is hostile, offensive, intimidating, or humiliating to workers may also be sexual harassment. This policy prohibits all harassment even if conduct may not be unlawful under applicable federal, state, or local laws. While it is not the purpose of this policy to intrude upon the personal lives of our employees, sexual and other harassment connected with the workplace will not be tolerated. Any employee who feels he or she has suffered any form of discrimination, harassment, or retaliation by anyone must immediately report the alleged conduct as outlined below (referred to herein as the “Employee Complaint Procedure”): • To the employee’s supervisor or Human Resources; • If the complaint concerns the employee’s supervisor, then to Human Resources; or • To the Flowers Foods Ethics Hotline by visiting the website SpeakUp.FlowersFoods.com or calling 1-888-337-7524. Any employee who observes conduct by another employee which he or she believes to be harassing, retaliatory, or discriminatory must report such through the Employee Complaint Procedure. All complaints will be promptly and thoroughly investigated, including a private interview with the person filing the complaint and the person alleged to have committed the harassment or other policy violation. Reports will be treated confidential to the extent possible, without impeding the ability of the Company to conduct a discreet and thorough investigation. If it is determined that conduct in violation of this policy has occurred, the Company will act promptly to eliminate the offending conduct, and where it is appropriate the Company will also impose disciplinary action up to and including termination. All employees, including supervisors and managers, are subject to discipline, up to and including discharge, for violation of this policy. No supervisor or other member of management has the authority, express or implied, to engage in sexual or other harassment, or in any other way violate this or any other Company policy. Any supervisor or other manager who receives a complaint or otherwise becomes aware of conduct that
may violate this policy must promptly report the matter to Human Resources. Failure by a supervisor or another manager to report a complaint or questionable conduct under this policy shall be a violation of this policy that may result in discipline, up to and including termination. Additionally, certain online comments are a violation of our Policy Against Harassment if such comments would be considered a violation of this policy if they occurred while at work in a face to-face environment. Retaliation or discrimination against an employee for reporting harassment or complaining about harassment is prohibited. Such misconduct will result in disciplinary action up to and including termination. Any employee that knowingly makes a false report of harassment or discrimination will be subject to disciplinary action up to and including termination. Employees should also review any applicable state supplement to this policy.
WORK RULES
In order to promote the orderly, efficient and safe operation of the facility and provide a pleasant and safe work place for all of us, the Company has adopted and will enforce these work rules. Please read these rules and corresponding disciplinary procedures thoroughly. If you have any questions, see your supervisor, department head or Human Resources Business Partner (HRBP). The Company may change or terminate any of the published or unpublished personnel policies, practices, or employee benefits, without advance notice. In addition, neither these work rules nor any other communication by any Company representative, written or oral, nor any other conduct of any kind between employees and any Company representative, is intended in any way to create an employment contract, or any other contractual undertaking, binding on either the Company or any employee. DISCIPLINARY PROCEDURES Work Rules are enforced with disciplinary action ranging from verbal warning to immediate discharge, according to the nature of the offense, overall frequency of the offense, and employee record. The listed offenses are not all-inclusive . Any conduct which could jeopardize health or safety or otherwise violate accepted standards of behavior may result in appropriate discipline, up to and including immediate discharge. Nothing in these rules is intended to prevent communications concerning wages, hours, and working conditions or any other communication allowed by law. Nor is anything in these rules otherwise intended to prohibit legally-protected activity or be construed to be inconsistent with any applicable law. Should you have any questions concerning whether or not certain communications and/or conduct is legally protected activity, you may contact the HRBP. II. WORK RULES The work rules are divided into two sections: A - General Conduct B - Dress Code, Personal Hygiene and other Good Manufacturing Procedures, and Safety I.
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A. GENERAL CONDUCT RULES These are infractions of such a serious nature that they will normally result in immediate discharge without prior warning. 1. Knowingly falsifying or failing to disclose any employment-related information (oral or written) or any other type of dishonesty before or during employment with the Company. 2. Falsification of time keeping records. This includes improper recording of time on written time cards, clocking in or out for another employee, or asking another employee to clock in or out for you. If a mistake is made on the time card/ sheet, it must be corrected and initialed by both Company supervision and the employee involved. 3. Performing any work off the clock. The Company follows all applicable federal, state and local employment laws and has trained the Company’s management team in those laws. In the unlikely event that you are asked to work off the clock, please report this to a Human Resources representative immediately. 4. Theft. This includes taking Company property without authorization and also includes taking another employee’s property (i.e., lunch, personal belongs, etc.). 5. Violating the Company's policy on drugs and alcohol. The Company policy on drugs and alcohol is separately posted in the handbook with acknowledgment . 6. Disclosing the company’s trade secrets, confidential, or propriety information, which is defined to include company information (whether obtained from hard copy, electronic, or other confidential company source) relating to sales figures, product pricing, production costs, product plans, lists of actual or potential customers, customer transaction information, list of actual or potential suppliers, supplier transaction information, technical and engineering details, manufacturing processes or techniques, financial performance data, financial plans, formulae, recipes, invention information, marketing and business strategies, and similar company business information not generally known to the public. As noted in the introduction to these rules, this rule, as well as all others, do not prohibit employees from discussing wages, hours, or other terms and conditions of employment or any other matters the discussion of which is protected by law. 7. Insubordination, which can include, but is not limited to, the following: ▪ Disobeying or failing to carry out the instruction of a supervisor ▪ Interfering with a supervisor in the performance of his/her duties ▪ Threatening or abusive language and/or behavior directed toward a supervisor
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8. Fighting, provoking a fight, verbal abuse or other intentional conduct which might cause physical or mental harm to another employee, supervisor, customer or visitor. 9. Violation of the Company’s Policy Against Harassment. This policy is separately posted in the employee handbook with the acknowledgment . 10. Intentionally damaging or vandalizing Company property or the property of another employee, customer, or service contractor. 11. Using Company time or resources for personal gain unrelated to employment with the Company. 12. Willful failure to perform to the best of your ability while on working time. 13. Failure to follow the proper Lockout/Tagout procedures before repairing, cleaning or maintaining machinery; including the improper removal, tampering with, or failure to use an approved lockout/tagout device. 14. Failure to strictly follow proper Confined Space procedures when entering a confined space. 15. Removing a machine guard for any reason other than when absolutely necessary for maintenance purposes. Defeating safeguards or bypassing safeties. Failure to stop equipment before clearing a jam. 16. Bringing or possessing explosives or weapons on Company property, including but not limited to firearms or a switchblade knife, except that an employee who works in a facility where state or local law requires employers to permit possession of firearms or related items on Company property, the Company will comply with such requirements to the extent necessary to comply with such state or local laws. Generally, these laws limit the rights to employees who possess a valid concealed weapons permit and are not otherwise disqualified by law from possessing a firearm, and further require that the firearm be properly stored out of sight in a container within the employees locked vehicle. However, the applicable state or local law should be consulted before making any final determination on the scope of protected rights, if any . 17. Sleeping while on the job. 18. Leaving the facility without permission from your supervisor. It does not include any legally protected activity. 19. Permitting unauthorized riders in Company vehicles (if applicable).
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20. Having two chargeable vehicle accidents within a 12-month period or two chargeable personal injury accidents within a 12 month period. A chargeable accident is an accident which results in damage to a vehicle, equipment or other property, an accident that causes personal injury , or an action that endangers self or others that could have been prevented if the employee had followed the Company's safety procedures or applicable laws or regulations (for example, striking a stationary object with a vehicle, driving faster than the speed limit or in violation of other traffic rules, lifting a heavy object without obtaining assistance, failure to wear protective gear, etc.). 21. Any off-duty conduct which could impact or call into question the employee's ability to perform his or her job. 22. Unauthorized use in any working area or while on working time still or video cameras, tape recorders or any other audio or video recording devices such as digital cameras, camera cell phones, etc., whether said devices are the employee’s personal property or are issued by the Company. “Working time” is the time employees are expected to be working and does not include authorized meal time, breaks, or other authorized periods during the work day when the employee is officially relieved from performing work duties. Such use is prohibited to protect the intellectual property in the proprietary processes and equipment that are unique to our operation and a valuable component of our ability to remain competitive. 23. Violation of the Company’s Policy on social media use. 24. Operating or allowing a CMV to be operated with a safety defect. 25. For operators of CMVs – or for any employee driving while on company busi ness - being involved in a hit and run accident, reckless or careless driving, or driving under the influence of alcohol or drugs while on duty . Driving with a sus pended or terminated license (for cause – not because of something the state arbi trarily does). 26. Driving or allowing a CMV to be driven if the driver’s Annual Inquiry and Re view of Driving Record has not been completed. 27. Driving in excess of DOT hours limitations because of inaccurate/unsubmit ted/unrecorded driving time for the Company or another company. 28. Knowingly and willingly allowing an operator of a CMV to drive in excess of DOT hours limitations. 29. Failure to report a CMV accident or incident of vehicle theft, vandalism or rental car incidents. 30. Intentional falsification by driver or modification by management of daily time records or graph logs.
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31.
Failure to cooperate fully and respectfully in any DOT inspection.
32.
Driving before the out-of-service time period or condition is completed.
33. Having prohibited items in Company Vehicles. Examples of such prohibited items are firearms, knives exceeding 4 inches, ammunition, explosives of any kind, novelty items that can be portrayed as a weapon, alcohol products of any kind, and illegal substances. 34. Failure of management to have preventive maintenance performed on all vehicles at least every 12 months. B. DRESS CODE, PERSONAL HYGIENE AND OTHER GOOD MANUFACTURING PRINCIPLES, AND SAFETY These are rules, which if broken, normally result in a documented verbal warning at the first offense and further progressive disciplinary action if the individual's conduct does not improve. Employees should be aware, however, that any offense will be considered on its own facts, including the record of the employee, in determining appropriate disciplinary action which may include discharge. The listed offenses are not all-inclusive . Any conduct which could jeopardize health or safety, interfere with or damage the business or reputation of the Company, or otherwise violate accepted standards of behavior will result in appropriate discipline; up to and including immediate discharge, with or without progressive steps. These steps are as follows: Offense Disciplinary Action First Documented Verbal Warning. Second Written Warning. Third Non-Exempt Employees Only - One Day Decision Making Leave Without Pay
(This allows employees time to decide whether or not to continue to work for the Company and abide by the appropriate work standards). Exempt Employees Only - Subject to a disciplinary probation period with pay.
Fourth
Subject to Discharge.
This disciplinary policy is based on rolling twelve (12) month period. For example, if you have a documented verbal warning and it becomes twelve (12) months old, then it drops from your record in considering the next disciplinary step. 1. Incompetent, unsatisfactory or careless performance of duties.
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2. Horseplay. This can include practical jokes, throwing product, wrestling, and/or using Company equipment for purposes other than those intended. 3. Failure to perform work in a timely, efficient, and/ or safe manner. 4. Disturbing other employees while they are working. 5. Soliciting for any purpose on Company property during the working time of either the employee soliciting or the employee being solicited, or distributing any type of literature during working time or at any time in work areas. Working time is the time employees are expected to be working and does not include free time such as meal periods or other authorized breaks. 6. Posting information on Company bulletin boards without prior approval of the HRBP. 7. Being in the interior of the plant or in other working areas unless you are reporting to work, on duty, or leaving work. 8. Bringing or allowing any non-employee on Company property without prior permission from management and appropriate adherence to the Visitor Access Policy. 9. Engaging in any conduct on Company property that creates a health, security, or safety risk. Rules 7 through 9 are designed to facilitate the safety and security of employees, visitors, and consumers while protecting the integrity of our products in accord dance with the Company’s global food safety initiatives, our policy on Food Safety and Employee Health, and our policy on Physical Facility Security. 10. Receiving or making excessive personal calls during working hours unless it is a legitimate emergency. Emergency calls must be made and received through the employee’s supervisor. This work rule also applies to the use of cellular telephones or any other communication device. Cell phones will not be allowed on the plant floor and must be kept in the employee’s locker or automobile. The use of cell phones is restricted to breaks in designated break or smoking areas. 11. Removing, damaging, defacing or covering any Company or Company-authorized postings. 12. Gambling on Company property or on working time. 13. Failure to clock in or out for work. 14. Overstaying a break. 15. Taking less than your assigned lunch break unless requested to do so by manage ment.
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16. Failure to properly and timely contact Reed Group to notify them of absences in violation of the Company’s Absence Reporting Policy (Flowers Employees ONLY). 17. Failure to observe Company grooming, dress code, personal hygiene rules, and GMPs. This list is not all inclusive. A more detailed list of GMPs is provided during training a. Contributing to unsanitary conditions or poor housekeeping or violation of any rules to this effect. b. Plant employees may have neatly trimmed beards, so long as the beard is covered by a net of fine mesh and does not prevent the proper use of safety equipment (such as respirators). Mustaches are acceptable only if they are neatly trimmed and do not extend below the upper lip. Sideburns must be neatly trimmed and may not extend more than one inch below the bottom of the ear.
c.
Hair and clothing must be kept neat and clean. All employees and visitors must wear hair nets while in plant production areas. Bump caps, paper caps, baseball style caps, etc. are not permissible substitute hair coverings. Anyone wearing this type cap or hat for safety or other reasons, must still use a hair net while in the plant area. Employees working in the plant area or on and around machinery/equipment must not wear earrings, necklaces, pins, bracelets, watches, rings, or any other ornament while in the area. The only exception to this is a Company approved Medical Alert badge. Hands must be washed before reporting to the work station. No fingernail polish may be worn if the employee works in production or near exposed food products. Any employee handling finished, unpackaged product will wear gloves that are intact, clean, and in sanitary condition. No person who has an infectious or communicable disease shall work in any capacity in which there is a direct threat that such infection or disease being transmitted to other individuals, unless that is a reasonable accommodation that will eliminate the risk of transmission. Employees must notify their supervisor or Human Resources when they have an infectious communicable disease that may have the potential to cause a direct threat of transmission or otherwise violate Food and Drug Administration guidelines or regulations. . Only approved uniforms, bump caps, and PPE will be allowed for work attire. “Approved” uniforms are those with shirts that snap rather than button. Shirts and blouses must be properly tucked into pants. Belts must be worn with pants that have belt loops. Belts must be completely within the belt loops.
d.
e.
f.
g.
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h.
Chewing gum, candy or using or carrying tobacco products in unauthorized areas is not allowed.
i.
Eating or drinking outside of break areas or in any unauthorized area is not allowed. No food may be brought into storage, production or processing areas of the bakery. This includes items such as cough drops. Employees may store their lunch or daily snacks inside lockers provided the food is inside a lunchbox, thermos, or other closed container. Leftover food or drink must be disposed of/taken home on a daily basis. At no time will an employee be allowed to store open food or drinks inside lockers. Appropriate business attire is required of all office personnel. Tennis shoes, sweat suits, blue jeans and other denim garments, shorts, tee-shirts, skorts, leggings worn without a skirt, capri-length pants, etc. will not be allowed in the office.
j.
k.
l.
Excessive perfume or aftershave shall not be worn.
m.
For safety and legal compliance reasons, employees who are medically required to have essential personal medicines available while working in the production area should report this to Human Resources when such medications have the potential to cause product contamination or could impact the employee’s ability to safely perform his or her job.
18.
Failure to observe safety rules. This list is not all inclusive: a.
Sandals, cloth top, open toe, canvas, unlaced shoes or any type of shoe which leaves any part of any part of the foot exposed are not acceptable for employees working in the plant area.
b.
Work areas must be kept in good order at all times.
c.
Never block aisles around fire extinguishers or exit routes.
d.
Running is not permitted on Company premises, including parking lots.
e.
Employees are to report immediately to their supervisor or designated member of management all injuries and safety related incident no matter how slight. This includes near misses. For drivers of CMVs, failure to re port an accident within 24 hours may result in progressive disciplinary ac tion up to an including termination. Failure to use the proper Personal Protective Equipment (PPE) for your job (e.g., respirators, goggles, bump caps, safety shoes, hearing protection, gloves, boots, etc.).
f.
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g.
Forklifts should only be operated by employees trained in Forklift Operation. All OSHA-required rules must be followed at all times including but not limited to wearing seatbelts and not allowing riders at any time. Company policy requires that all employees’ cuts and grazes on exposed skin be covered by a Company-issued detectable metal strip bandage out side of office areas. Employees should replace bandages worn from home with an approved bandage. Company policy requires that any chemicals used within the facility be used only in accordance with Safety Data Sheet prescribed safety measures and only by employees trained in the chemical’s use, hazards, and prescribed safety measures. Company policy prohibits the use of handheld personal communications devices to either read e-mail and/or text messages or to send e-mail and/or text messages while driving for work. This work rule applies to any employee who drives as a part of his or her job, whether in a personal vehicle or a Company vehicle. Any employee who, while performing any type of work for the Company , is involved in an accident - or receives a moving vehicle citation for reading or sending e-mail or text messages - in violation of this work rule will receive the applicable step in the disciplinary process. Additionally, any employee (as identified above) who is involved in a vehicle accident will receive documentation of a chargeable vehicle accident whether or not the violation of this work rule was the primary cause of the accident. The laws of any state in which you drive that are more restrictive than this requirement must be followed. Failure to use safe lifting techniques. If an object is too heavy for one person to lift, get help. Failure to observe and follow all other safety rules, signs, practices and procedures, including but not limited to GMPs, BRC standards, FDA rules and regulations, and OSHA rules and regulations. If you do not understand the rules, signs, practices or procedures, ask your supervisor to explain them. Company policy requires all drivers to perform three (3) vehicle inspect- tions each day: pre-trip, during-trip and post trip. At a minimum, the fol lowing should be present at each inspection: 3 reflective triangles in good repair; spare fuses needed to operate required parts/accessory; and a charge fire extinguisher that is fastened security in bracket. Company policy requires the daily completion of a written Driver Daily Vehicle Inspection Report (DVIR)
h.
i.
j.
k.
l.
19.
Failure to observe driver safety rules. This list is not all inclusive: a.
b.
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c.
Company policy requires sales management to collect and review DVIRs every day, determine if a CMV has a safety defect, and ensure that the truck is repaired. (Failure to perform appropriate record collection and re view is a Group B violation. Operating or Allowing a CMV to be operated with a safety defect is a Group A violation see rule 21 Group A ). Company policy requires that the driver of a CMV ensure that the vehicle is road-worthy. Before operating the vehicle, the driver must inspect (and document?) the following:
d.
1) Current registration and insurance 2) Proper display of license plates 3) Proper inflation of tires and tread depth 4) Brake test
5) Lights and whether they are functioning properly 6) Whether the windshield wiper blades are usable
e.
Company policy prohibits driving in flip-flops (must have heel strap) or while barefoot. Company policy prohibits any form of road rage, negative gestures, or public indecency displayed to other drivers or to the public while driving or occupying a Company vehicle. (Note: While these are prohibited Com pany behaviors, they are also against the law and may be considered mov ing violations which will be counted against a driver’s driving record, if convicted). Drivers must follow any corrective lens restrictions assigned to them at the Department of Motor Vehicles (DMV). Failure to schedule or keep appointment for the mandatory physical evalu ation.
f.
g.
h.
20. The following rules follow a three-step disciplinary process, rather than a four step.
The steps are as follows: First conviction/violation: Second conviction/violation: Third conviction/violation:
Written Warning/Retraining Final Warning/Retraining
Termination
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a. Conviction of any moving violations in any vehicle (including in your per sonal vehicle on your personal time) within the current 36-month period. Drivers must notify their manager by telephone as soon as possible and in writing within 30 days of the occurrence of the moving violation. If the driver pleads guilty or is convicted of a moving violation in a state other than his/her home state, the driver must notify the Department of Motor Vehicles in the state that issued his/her license. b. Failure to follow Company policy and federal regulations prohibiting trans porting unauthorized (those without written passenger authorization) pas sengers in any Company vehicle. d. Experiencing 3 preventable accidents within any 12-month period. Any accident involving a fatality or gross or criminal negligence may be dealt with more harshly – the degree of driver negligence will be a ma jor factor in administering discipline. e. Receiving 3 counseling and retraining sessions on hour of service violations or form and manner violations in any 6-month period (see Driver and Man ager Safety Management Policy Handbook page 15) f. Receiving 3 speeding tickets within a 12-month period (during per sonal, off duty driving or as operator of a CMV). g. Late submission of time sheets. h. Receiving violations or out-of-service penalties for items designated as being the specific driver’s responsibilities. 21. The following rules follow a two-step disciplinary process, rather than a four step. c. Failure to wear a seatbelt when the CMV is in operation.
The steps are as follows: First conviction/violation: Second conviction/violation:
Written Warning/Retraining
Termination
a. Late reporting (after 24 hours) of an accident, except in certain acceptable mitigating circumstances. b. Late reporting (after 24 hours) of vehicle theft, vandalism, and rental car incidents. c. Preventable rear-end accidents where the CMV driver hit another vehicle. d. Failure to submit an original DOT inspection form and copies of the repair receipts within 24 hours of any DOT inspection resulting in safety defects.
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ACKNOWLEDGMENT OF RECEIPT AND UNDERSTANDING OF WORK RULES I have received a copy of Personnel Outsource Solutions, LLC Work Rules dated April 1, 2023 including Good Manufacturing Principles, Personal Hygiene, and Safety procedures. By my signature below I certify that I have received training on these work rules, that I understand these work rules, and that I will abide by them. I also understand that the listed offenses in these Work Rules are not all inclusive and that any conduct that could jeopardize health or safety or otherwise violate accepted standards of behavior may result in appropriate discipline, up to and including immediate discharge. Finally, I understand that nothing in these Work Rules is intended to prohibit any legally-protected activity.
Employee Name (Please Print)
Date
Employee Signature
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Policy Against Harassment Acknowledgment I have received a copy of the Company’s Policy Against Harassment. I understand and agree to abide by this policy. Specifically: ● I understand that the Company has a strict anti -harassment policy where all employees have the right to be free from harassment on the basis of race, color, religion, sex, national origin, sexual orientation, gender identity, gender expression, genetic information, military and veteran status, citizenship, age, disability (including pregnancy), or any other characteristic protected by state or local law. ● I agree that I have reviewed any state law supplements to this Policy Against Harassment applicable to my employment. ● I understand and agree that any issues under this policy must be reported through the Employee Complaint Procedure. ● I understand that in situations where a complaint of harassment or other violation of policy is made, the Company will protect the confidentiality of both the accuser and the accused to the extent possible without impeding the investigation. ● I understand that I will not be subject to any form of retaliation or discipline for making or supporting a good faith complaint or for cooperating with an investigation of such a complaint. ● I understand that al l employees, including supervisors and managers, are subject to discipline, up to and including discharge, for violation of the Policy Against Harassment. ● If I have experienced or witnessed anything that I believe to be a violation of this policy, I ag ree to report it using the Employee Complaint Procedure.
Print Name: _____________________________________ Signature: _____________________________________ Date: _____________________________________
HOURLY AND COMMISSION EMPLOYEE ATTENDANCE POLICY Absenteeism and tardiness cause hardship for fellow team members and the business. Employees who are excessively absent and tardy reduce the morale of those employees who are in attendance and therefore must do extra work to make up for absences/tardiness. The company has to incur additional costs with replacing employees who are out or who are tardy. All of us must work together to keep absenteeism and tardiness to a minimum. This attendance policy covers all regular full-time and part-time employees. This is a NO FAULT policy, which means that except as stated below, the reason for the absence does not matter and each employee is responsible for monitoring his or her own attendance habits, regardless of the reason for a given absence. This policy allows employees to miss reasonable amounts of work without negative consequences; however, if an employee’s absenteeism or tardiness becomes excessive for any reason, then he or she will receive progressive discipline up to and including termination. *Personnel Outsource Solutions reserves the absolute right to take whatever disciplinary actions that it deems appropriate, and does not guarantee that progressive discipline will be used in any or all circumstances. This policy will run on a rolling twelve-month basis. A rolling twelve-month basis is measured backward from the date of the employee’s attendance violation. Any one (1) or more consecutive days absent from work constitutes an occurrence. The company reserves the right, consistent with applicable law, to require written documentation to explain absences. However, the absence will still constitute an occurrence even with documentation, subject to the exceptions listed within this policy. If documentation is requested but not provided, the company may designate each absence, whether consecutive or not, as a separate occurrence. If an employee will be absent, the employee is expected to notify the on-duty supervisor at least two hours prior to the employee’s scheduled start time. An employee’s failure to contact the on-duty supervisor at least two hours prior to the start of the employee’s scheduled shift to inform the supervisor of the absence will constitute a NO CALL/NO SHOW. ** Employee must CALL their immediate supervisor; text messages will NOT be accepted as proper notification of absence. ** An employee will receive three (3) occurrences for a no call/no show (including failure to report an absence to their supervisor at least two hours prior to the employee’s scheduled start time.
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Absent extenuating, confirmable circumstances, failure to report to work without notification to their supervisor for three (3) consecutive days will be considered job abandonment and a voluntary resignation. Absent extenuating, confirmable circumstances, failure to report to work without notification to their supervisor for three (3) individual occasions over the course of an employee’s tenure with the company will result in automatic termination no matter the number of accumulated occurrences an employee has. Failure to report to work after speaking with management to inform them of a tardy, will also constitute as a No Call/No Show. Listed below are the rules we must follow. Our disciplinary procedures are intended to correct problems, deter abuse and to prevent attendance and tardiness problems from developing. Disciplinary procedures concerning attendance problems follow the progressive step process outlined below. However, offenses are grouped into a point system over any twelve (12) month period. Listed below is an explanation of how points are assigned:
POINT SYSTEM
Each Tardy
= = = = = =
0.5 Point 1 Point 1 Point 2 Points 1 Points 3 Points
Each Incomplete Shift Each Excused Absence Each Unexcused Absence
Improper Notice of Absence/Tardy
Each No Call/No Show
Employees accumulating points will receive the disciplinary action indicated below for the number of points accumulated during any twelve (12) month period, as follows:
Number of points
Disciplinary Action Taken Documented in writing
1
1 - 2 2 - 3 3 - 4
Verbal Warning (documented in writing)
Written Warning
One (1) Day Suspension
4 or more
Discharged
Excessive (defined below) excused absences may result in disciplinary action, depending upon the circumstances of each case. Where appropriate, employee with excessive number of excused absences may be required to take a leave of absence.
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An employee who has five (5) excused absences within a twelve (12) month period shall be counseled for excessive excused absenteeism. Future instances of excused absence may subject the employee to progressive discipline, up to and including discharge.
An employee will not receive an occurrence for: - Scheduled vacation - Scheduled holidays - Scheduled Jury Duty - Scheduled Military Duty
- Bereavement Leave consistent with company policy - An approved leave of absence - An absence covered by state earned paid leave laws, state worker’s compensation laws, or other family and medical leave laws; or - An absence for disciplinary suspension
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Acknowledgment of Attendance Policy I have received a copy of the Personnel Outsource Solutions, Inc., Attendance Policy. By my signature below I certify that I have received training concerning the Attendance Policy, that I understand the Attendance Policy, and that I will comply with the Attendance Policy. I understand that failure to comply may result in disciplinary action up to an including termination of my employment. Further, I understand that Personnel Outsource Solutions reserves the absolute right to take whatever disciplinary actions that it deems appropriate, and does not guarantee that progressive discipline will be used in any or all circumstances. I also understand that the listed offenses in these rules are not all inclusive and that any conduct that could jeopardize health or safety or otherwise violate accepted standards of behavior may result in appropriate discipline, up to and including immediate discharge.
________________________________________________ Employee Signature
________________________________________________ Employee Name (Print)
______________________________ Date
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Drug and Alcohol Abuse Policy
Our Company is a drug-free workplace that conducts pre-employment drug testing, post accident drug testing, random drug testing, and drug and alcohol testing for reasonable suspicion. We do not tolerate the violation of our Drug and Alcohol Abuse Policy for any reason. Violations of the policy can pose a danger to you, your fellow employees, and our customers. It can also affect our company’s good will, good name and everyone's job security. Quite simply, neither the Company nor you can afford it! A copy of the Drug and Alcohol Abuse Policy is permanently posted on the bulletin board and is reviewed with each employee. If you have any questions concerning the policy, please discuss them with your supervisor or the director of human resources. Our bakery prepares and distributes food products to the public. A high standard of conduct and care is required from all of us. Our future success depends, in large measure, upon the responsible behavior and well being of our employees. Because we are in business of producing food products for the public, we must take every step possible to produce food of high quality and purity. The illegal use of drugs [1] and misuse of alcohol are directly contrary to our responsibilities to the public and inconsistent with law-abiding behavior, which is expected of everyone. Furthermore, we also use machinery, equipment, and tools that must be treated and operated very carefully and under complete control for the sake of the safety. In this regard, the • To be involved in the illegal use, possession, manufacture, distribution, dispensation or sale of drugs or drug paraphernalia on company property or while on company business, in a company-supplied vehicle, or during working hours--include breaks and meal periods. • To be involved in the illegal use, possession, manufacture, distribution, dispensation or sale of drugs or drug paraphernalia off company premises that the company determines may affect the employee's work performance, his or her own or others' workplace safety while working, or otherwise adversely affect the business. • To be involved in the use or possession of alcohol on company property. • To be involved in the use of alcohol off company premises that the company determines may affect the employee's work performance his/her own or others' workplace safety, or otherwise adversely affect the business. • To be "under the influence" due to the use of illegal drugs or alcohol on company property, in company supplied vehicles, or during working hours. [2] company fully complies with the Drug Free Workplace Act of 1988. It is an absolute violation of company policy for any employee:
Effective: 10/15/2023
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We hope everyone realizes that if drug or alcohol abuse is going on, to any extent, by anyone, it must be stopped immediately. It poses a danger to everyone. Anyone who believes this policy is being violated is strongly encouraged to let management know. Any such reports will be kept confidential to the extent practical. To protect our customers and our employees’ safety and health, we take a number of steps to ensure that our policy is followed. These steps may include searches, at company discretion, of lockers, lunch boxes, toolboxes, vehicles, desks, clothing, and work areas. It may also include drug and/or alcohol testing whenever the company suspects that an employee's work performance or on-the-job behavior may be affected in any way by illegal use of drugs or use of alcohol, or that an employee has otherwise violated the policy. Employees also will be tested after a work-related "recordable" accident, a vehicle accident, whenever company policy requires an employee to undergo a physical examination and whenever required by law. An employee who tests positive for illegal use of drugs and/or found to be under the influence of alcohol as a result of any test will be in violation of our policy. It is also the responsibility of each of us to report promptly to the Human Resources Department his or her use of any prescribed or over-the-counter medicine, which is known or publicized as possibly impairing judgment, coordination, or other senses important to the safe and productive performance of work. Consistent with the law-abiding behavior we expect of everyone, employees must notify management within 5 days of any arrest for, or conviction of, a criminal drug offense as required by the 1988 Drug Free Workplace Act. Compliance with our Drug and Alcohol Abuse Policy is a condition of employment. Violation of this policy will subject the employee to discipline, up to and including immediate termination. Noncompliance includes the refusal to cooperate with any or all procedures encompassed by this policy, including submitting to a test or search, and all requirements incident to a test or search and the policy generally. To help inform and educate all of us on the dangers of drug and alcohol abuse, we have established an awareness program. This program emphasizes our policy of maintaining a drug- and alcohol-free workplace; advises you of available counseling or rehabilitation opportunities and employee assistance programs; and includes features in our employee communications. The company strongly encourages employees who develop a drug and/or alcohol problem to notify the director of human resources and to seek help from public health agencies in our community. It is the employee's responsibility to seek assistance before he or she is discovered in violation of the policy and the company takes disciplinary action. The company cannot, and does not, assume any responsibility for diagnosing employee problems or referring employees to assistance programs.
Effective: 10/15/2023
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[1] Illegal use of drugs for purposes of our policy include the use of all drugs or other like substances whose possession, sale or misuse violate state or federal law, or where use affects the ability to perform essential functions of the job, including the safe performance of the job (except for such medication-prescribed or "over-the-counter" that the employee has previously reported to Management where required by the policy.) [2] Being "under the influence" of illegal drugs is defined as testing positive, being "under the influence" of alcohol is defined as a blood alcohol content of .04.
Effective: 10/15/2023
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PERSONNEL OUTSOURCE SOLUTIONS ACKNOWLEDGEMENT OF RECEIPT AND UNDERSTANDING OF DRUG AND ALCOHOL POLICY
I acknowledge that I have received a copy of the revised drug and alcohol policy at Personnel Outsource Solutions. This policy includes a random drug testing provision. I certify my understanding of this policy and agree to abide by all of the provision of this policy. I understand that the Company reserves the right to change the policy without notice, and I further understand that this policy does not create any contractual obligations on the part of the Company or myself, either expressed or implied.
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Employee Signature
Date
Effective: 10/15/2023
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