Lepage Sales 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.
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: _____________________________________
State Harassment Supplement The Company hopes that any incident of harassment can be resolved through the internal process outlined in the Policy Against Harassment. However, employees may address their harassment, discrimination, or retaliation complaints to the federal Equal Employment Opportunity Commission ("EEOC") or state or municipal agency equivalent. Additional State specific resources include: Maine While employees must report claims using the Employee Complaint Procedure, if an employee believes that the employee has been subjected to sexual harassment, the employee may file a formal complaint with the government agency or agencies set forth below. Using the Company’s complaint process does not prohibit an employee from filing a complaint with this agency: Maine Human Rights Commission 51 State House Station Augusta, ME 04333-0051 PHONE: 207-624-6050 TTY/TTD: 207-624-6064 FAX: 207-624-6063 Employees may file a complaint with the Maine Human Rights Commission within 300 days of the date of alleged sexual harassment. Massachusetts: In Massachusetts, an employee who believes that he or she has been harassed, or is aware of the harassment of others, has the option to report it to the Massachusetts Commission Against Discrimination (“MCAD”). The MCAD requires claims be filed within 300 days of the incident giving rise to the claim. Massachusetts Commission Against Discrimination:
One Ashburton Place Sixth Floor, Room 601 Boston, MA 02108 Phone: 617-994-6000 436 Dwight Street Second Floor, Room 220 Springfield, MA 01103 (413) 739-2145
Worcester City Hall 455 Main Street, Room 100 Worcester, MA 01608 (508) 799-8010 New York Employees working in New York should read the New York Harassment Prevention Policy contained in Appendix A . Reporting Procedure Any employee aware of or experiencing discrimination, harassment or sexual assault in the workplace must report that information immediately to management as set forth above in the Unlawful and Sexual harassment policy. All employees are encouraged to document any incidents involving discrimination, harassment, and sexual assault as soon as possible. Nondisclosure or Nondisparagement Agreements In accordance with Oregon law, the Company will not require or coerce any employee or prospective employee to enter into any agreement as a condition of employment, continued employment, promotion, compensation, or receipt of benefits that contains a non-disclosure, non disparagement, or other provision that has the purpose or effect of preventing the employee from disclosing or discussing workplace conduct that constitutes sexual assault or discrimination/harassment because of race, color, national origin, religion, sex, gender, pregnancy, sexual orientation, gender identity/expression, marital status, age, an expunged juvenile record, uniformed service, or disability. A nondisparagement agreement is any agreement by which one or more parties agree not to discredit or make negative or disparaging written or oral statements about any other party or the Company. A no-rehire provision is an agreement that prohibits an employee from seeking reemployment with the Company and allows a Company to not rehire that individual in the future. The Company will not require an employee to enter into any agreement if the purpose or effect of the agreement prevents the employee from disclosing or discussing conduct constituting discrimination, harassment, or sexual assault. An employee claiming to be aggrieved by discrimination, harassment, or sexual assault may, however, voluntarily request to enter into a settlement, separation, or severance agreement which contains a nondisclosure, nondisparagement, or no-rehire provision and will have at least seven (7) days to revoke any such agreement. Time Limitations Nothing in this policy precludes any person from filing a formal complaint with the Bureau of Labor and Industries’ Civil Rights Division or the Equal Employment Opportunity Commission. Note that Oregon state law requires that any legal action taken on alleged discriminatory conduct
(specifically that prohibited by ORS 659A.030, 659A.082 or 659A.112) commence no later than five years after the occurrence of the violation. Other applicable laws may have a shorter time limitation on filing. Similarly, nothing in any of the Company’s separate, generally applicable confidentiality and/or non-disclosure policies is intended to have the purpose or effect of preventing Oregon employees from disclosing or discussing workplace conduct that constitutes sexual assault or discrimination or harassment in violation of ORS 659A.030 (because of race, color, national origin, religion, sex, gender, pregnancy, sexual orientation, gender identity/expression, marital status, age, or an expunged juvenile record), ORS 659A.082 (because of uniformed service), or ORS 659A.112 (because of disability), or engaging in other legally-protected disclosures, except to the extent permitted by applicable law. Rhode Island In Rhode Island, an employee who believes that he or she has been harassed, or is aware of the harassment of others, has the option to report it to the following agencies that will investigate and prosecute complaints of unlawful harassment in employment. Rhode Island Commission for Human Rights 180 Westminster Street, 3rd Floor Providence, RI 02903-3768 Phone: (401) 222-2661
Fax: (401) 222-2616 TDD: (401) 222-2664 Web Address: http://www.richr.state.ri.us/frames.html Vermont:
In Vermont, an employee who believes that he or she has been harassed, or is aware of the harassment of others, has the option to report it to the following agencies that will investigate and prosecute complaints of unlawful harassment in employment. State of Vermont Attorney General's Office Civil Rights Unit (FEPA) 109 State Street Montpelier, VT 05602 (888-745-9195 or 802-828-3665 voice/TDD)
APPENDIX A NEW YORK SEXUAL HARASSMENT PREVENTION POLICY
The Company is committed to a discrimination-free work environment, which includes maintaining a workplace free from all types of harassment, including sexual harassment. This policy supplements the Company’s Policy Against Harassment. Sexual harassment is offensive, a violation of our policies, and a form of employee misconduct. Employees of every level, including managers and supervisors, who engage in sexual harassment, or who allow such behavior to continue, will be disciplined for such misconduct, in accordance with this policy. SCOPE This policy, as well as New York State law, applies to all employees, applicants for employment, interns (paid or unpaid), non-employees, and persons conducting business with the Company, regardless of immigration status (“Covered Individuals”). A non-employee is someone who is (or who is employed by) a contractor, subcontractor, vendor, consultant, intern (paid or unpaid), or anyone providing services in the workplace. This includes gig workers. Notwithstanding the application of this policy to such individuals, nothing herein creates an employment relationship. Unlawful sexual harassment is not limited to the physical workplace itself. It can occur, for example, while Covered Individuals are traveling for business or at employer-sponsored events or parties. Calls, texts, emails, and social media usage by Covered Individuals can constitute unlawful workplace harassment, even if they occur away from the workplace, on personal devices, or outside of work hours. All employees must review this policy and commit to maintaining a work environment free from sexual harassment. In addition, all employees must complete annual sexual harassment training. An employee’s failure to comply with this policy and/or failure to complete annual training may result in appropriate remedial and/or disciplinary action, up to and including termination of employment. WHAT IS “SEXUAL HARASSMENT”? Sexual harassment is a form of sex discrimination and is unlawful under federal, state, and local laws. Sexual harassment includes harassment on the basis of sex, sexual orientation, self-identified or perceived sex, gender expression, gender identity, and/or the status of being transgender. In New York, harassment does not need to be severe or pervasive to be illegal. Sexual harassment includes unwelcome conduct that is either of a sexual nature or directed at an individual because of that individual’s sex when:
• Such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment, even if the reporting individual is not the intended target of the sexual harassment; • Such conduct is made either explicitly or implicitly a term or condition of employment; or • Submission to or rejection of such conduct is used as the basis for employment decisions affecting an individual’s employment. A sexually harassing hostile work environment includes, but is not limited to, words, signs, jokes, pranks, intimidation, or physical violence that is of a sexual nature or directed at an individual because of that individual’s sex. Sexual harassment also consists of any unwanted verbal or physical advances, sexually explicit derogatory statements, or sexually discriminatory remarks made by someone that are offensive or objectionable to the recipient, that cause the recipient discomfort or humiliation, and/or that interfere with the recipient’s job performance. Sexual harassment also occurs when a person in authority tries to trade job benefits for sexual favors. This can include hiring, promotion, continued employment, or any other terms, conditions, or privileges of employment. This is also called “quid pro quo” harassment. Sexual harassment can occur by males against females, by females against males, or by or between individuals of the same or opposite sex or gender. It is important to know that sexual harassment can occur between any individuals, regardless of their sex or gender. A harasser can be a superior, a subordinate, a coworker, or anyone in the workplace, including an independent contractor, contract worker, vendor, client, customer, or visitor. Sexual harassment may be a single incident or a series of harassing acts. Any harassing conduct, even a single incident, may be addressed under this policy. Understanding gender diversity is essential to recognizing sexual harassment because discrimination based on sex stereotypes, gender expression and perceived identity are all forms of sexual harassment. The gender spectrum is nuanced, but the three most common ways people identify are cisgender, transgender, and non-binary. A cisgender person is someone whose gender aligns with the sex they were assigned at birth. Generally, this gender will align with the binary of male or female. A transgender person is someone whose gender is different than the sex they were assigned at birth. A non-binary person does not identify exclusively as a man or a woman. They might identify as both, somewhere in between, or completely outside the gender binary. Some may identify as transgender, but not all do. Respecting an individual’s gender identity is a necessary first step in establishing a safe workplace.
EXAMPLES OF SEXUAL HARASSMENT The following describes some of the acts that may be unlawful sexual harassment and that are strictly prohibited: Verbal statements, such as: o Making lewd or sexual comments about an individual’s appearance, body, or style of dress; or o Making sexist remarks or derogatory comments based on gender. • Physical acts of a sexual nature, such as: o Touching, pinching, patting, kissing, hugging, grabbing, brushing against another person’s body, or poking another person’s body; or o Rape, sexual battery, or molestation, or any attempt to commit these acts. • Unwanted sexual advances or propositions, such as: o Requests for sexual favors accompanied by implied or overt threats concerning the target’s job performance evaluation, a promotion, or other job benefits or detriments; or o Subtle or obvious pressure for unwelcome sexual activities. • Sexually oriented gestures, noises, remarks, jokes, or comments about a person’s sexuality or sexual experience that create a hostile work environment. • Sex stereotyping, which may occur when conduct or personality traits are considered inappropriate because they may not conform to ideas or perceptions about how individuals of a particular sex should act or look. • Sexual or discriminatory displays or publications anywhere in the workplace, such as: o Displaying pictures, posters, calendars, graffiti, objects, promotional material, reading materials, or other materials that are sexually demeaning or pornographic; or o Sexual displays on workplace computers or cell phones and sharing such displays while in the workplace. • Hostile actions taken against an individual because of that individual’s sex, sexual orientation, gender identity, or the status of being transgender, such as: o Interfering with, destroying, or damaging a person’s workstation, tools, or equipment, or otherwise interfering with the individual’s ability to perform the job; o Sabotaging an individual’s work; or o Bullying, yelling, or name-calling because of sex, sexual orientation, gender identity, and/or the status of being transgender. •
The legal definition of sexual harassment under federal, state, and local law is broad and, in addition to the above examples, other sexually oriented conduct, whether or not it is intended, that is unwelcome and has the effect of creating a workplace environment that is hostile, offensive, intimidating, or humiliating may also constitute sexual harassment. WHERE CAN SEXUAL HARASSMENT OCCUR? Unlawful sexual harassment is not limited to the physical workplace itself. It can occur while employees are traveling for business or at employer or industry sponsored events or parties. Calls, texts, emails, and social media usage by employees or covered individuals can constitute unlawful workplace harassment, even if they occur away from the workplace premises, on personal devices, or during non-work hours. Sexual harassment can occur when employees are working remotely from home as well. Any behaviors outlined above that leave an employee feeling uncomfortable, humiliated, or unable to meet their job requirements constitute harassment even if the employee or covered individual is at home when the harassment occurs. Harassment can happen on virtual meeting platforms, in messaging apps, and after working hours between personal cell phones. SUPERVISORY RESPONSIBILITIES All supervisors and managers who receive a complaint or information about suspected sexual harassment, observe what may be sexually harassing behavior, or for any reason suspect that sexual harassment is occurring are required to report such suspected sexual harassment to their manager or Human Resources Representative. A supervisor’s or manager’s failure to report such conduct may result in disciplinary action, up to and including termination of employment. Supervisors and managers may also be subject to disciplinary action if they engage in, or in any way condone, sexually harassing conduct. Supervisors and managers will also be subject to discipline, up to and including termination of employment, for engaging in retaliation. RETALIATION PROHIBITED The Company strictly prohibits retaliation against anyone who reports, in good faith, an incident of sexual harassment, provides information about suspected sexual harassment, or otherwise assists or participates in any investigation of a sexual harassment complaint. Any Covered Individual who believes that he or she has been subject to retaliation should immediately report such conduct to a manager or human resources staff member. Specific reporting contact options and information is provided below. No Covered Individual will be subject to adverse action because he or she reports, in good faith, an incident of sexual harassment, provides information, or otherwise assists in any investigation of a sexual harassment complaint.
Any employee who retaliates against anyone involved in a sexual harassment investigation will be subject to disciplinary action, up to and including termination of employment. WHAT IS RETALIATION? Retaliation is unlawful under federal, state and applicable local law, as well as our policies. The Company prohibits any adverse employment action or any action that is likely to deter a person from engaging in protected activity. Protected activity occurs when an individual has, in good faith: • Testified or assisted in a proceeding involving sexual harassment under any federal, state or local anti-discrimination law; • Opposed sexual harassment by making a verbal or informal complaint to management, or by simply informing a supervisor or manager of harassment; • Reported that another employee has been sexually harassed; or • Encouraged a fellow employee to report harassment. Even if the alleged harassment does not turn out to rise to the level of a violation of law, the individual is protected from retaliation if the person had a good faith belief that the practices were unlawful. However, this anti-retaliation provision does not protect persons making intentionally false charges. REPORTING SEXUAL HARASSMENT Preventing sexual harassment is everyone’s responsibility. The Company cannot prevent or remedy sexual harassment unless it knows about it. Any Covered Individual who has been subjected to behavior that may constitute sexual harassment, or anyone who witnesses or becomes aware of potential instances of sexual harassment (bystander), must report such behavior to a manager or Human Resources. Reports of sexual harassment may be made verbally or in writing. A form for submission of a complaint is available from Human Resources and attached this policy. All Covered Individuals are encouraged to use this Complaint Form. Covered Individuals who report sexual harassment on behalf of others are encouraged to use the Complaint Form and note that it is on another person’s behalf. If a complaint is verbal, the individual making the complaint is encouraged to complete the Complaint Form in writing. If he or she refuses, the person receiving the complaint should prepare a Complaint Form based on the verbal reporting. Any Covered Individual who engages in sexual harassment or retaliation will be subject to remedial and/or disciplinary action, up to and including termination of employment or a business relationship, or other appropriate remedy. • Made a complaint of sexual harassment, either internally or with any anti discrimination agency;
INVESTIGATION OF SEXUAL HARASSMENT All complaints or information (whether submitted verbally or in writing) about sexual harassment will be investigated. An investigation of any complaint, information, or knowledge of suspected sexual harassment will be prompt and thorough, and the Company will strive to complete its investigation in a timely manner. Information will be shared on a need-to-know basis only; however, others named or who may have information about the complaint will be notified and will have an opportunity to supply relevant information. The investigation will be conducted in a way that is impartial and fair to all participants. All Covered Individuals are required to cooperate in an investigation of suspected sexual harassment. Covered Individuals who participate in any investigation will not be retaliated against. While the process may vary from case to case, investigations will generally be completed in accordance with the following steps: • Upon receipt of a complaint, Human Resources will conduct an immediate review of the allegations, and may take any interim actions as deemed appropriate. • Human Resources will request and review all relevant documents, including all electronic communications, and will take appropriate steps to preserve all documents, e-mails, and/or phone records relevant to the investigation. • Human Resources will interview all relevant parties involved, including any relevant witnesses. • Human Resources will create written documentation of the investigation, which may contain the following: o A list of all documents reviewed, along with a detailed summary of relevant documents; o A list of names of those interviewed, along with a detailed summary of their statements; o A timeline of events; o A summary of prior relevant incidents, reported or unreported; and o The basis for the decision and final resolution of the complaint, together with any corrective action(s). • Human Resources will take appropriate steps to keep written documentation and associated documents in the Company’s secure and confidential files.
Upon completion of the investigation, a determination will be made as to whether the conduct at issue violates the policy, and/or the nature of the disciplinary action or other corrective measures,
if any, to be imposed. Human Resources will notify the reporting individual and the individual(s) about whom the complaint was made, and any corrective actions will be implemented promptly. LEGAL PROTECTIONS AND EXTERNAL REMEDIES All Covered Individuals have a legal right to a workplace free from sexual harassment, and in addition to the internal process at the Company, Covered Individuals may also enforce this right by filing a complaint with a government agency or by pursuing available remedies in court under federal, state, or applicable local antidiscrimination laws. There is no cost to file with these governmental agencies. Each of the agencies listed below can conduct impartial investigations, facilitate conciliation, and if the agency finds that there is probable cause or reasonable grounds to believe sexual harassment occurred, it may take the case to court or hearing and/or award relief, which varies but may include requiring the Company to take action to stop the harassment, or redress the damage caused, including payment of monetary damages, attorney’s fees and civil fines. Courts may also award remedies if a violation of law is found. Complaints with the New York State Division of Human Rights, United States Equal Employment Opportunity Commission, and the New York City Commission on Human Rights are subject to applicable statute of limitations. In addition, a complainant also has the right to hire a private attorney, and to pursue a private legal action in federal or state court in accordance with the applicable procedural requirements and within the applicable statute of limitations. Complaining internally to the Company does not extend your time to file with an agency or in court. Call the DHR sexual harassment hotline at 1(800) HARASS3 for more information about filing a sexual harassment complaint. This hotline can also provide you with a referral to a volunteer attorney experienced in sexual harassment matters who can provide you with limited free assistance and counsel over the phone. The contact information for each of these agencies is set forth below. New York State Division of Human Rights One Fordham Plaza, Fourth Floor, Bronx, New York 10458 (718) 741-8400 www.dhr.ny.gov or www.dhr.ny.gov/complaint
United States Equal Employment Opportunity Commission (EEOC) The EEOC has district, area, and field offices where complaints can be filed. 1-800-669-4000 (TTY: 1-800-669-6820) E-mail: info@eeoc.gov www.eeoc.gov
New York City Commission on Human Rights Law Enforcement Bureau of the NYC Commission on Human Rights 22 Reade Street, 1st Floor New York, New York 10006 311 or (212) 306-7450 www.nyc.gov/html/cchr/html/home/home.shtml The Local Police Department If the harassment involves unwanted physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. Contact the local police department.
STANDARD COMPLAINT FORM (NEW YORK EMPLOYEES)
If you believe that you have been subjected to sexual harassment, you are encouraged to complete this form and submit it to your manager or Human Resources. You will not be retaliated against for filing a complaint. Once you submit this form, the Company will follow its Sexual Harassment Prevention Policy and investigate all complaints in a timely manner. COMPLAINANT INFORMATION Name: Home Address: Work Address: Home Phone: Work Phone: Job Title: Email:
Preferred Communication Method: SUPERVISORY INFORMATION Immediate Supervisor’s Name: Title: Work Phone: COMPLAINT INFORMATION 1.
Work Address:
Your complaint of sexual harassment is made about:
Name:
Title:
Work Address:
Work Phone:
Relationship to you: • Supervisor
• Subordinate • Coworker
• Other
2. Please describe what happened and how it is affecting you and your work. Please use additional sheets of paper if necessary and attach any relevant documents or evidence.
3.
Date(s) conduct or incident(s) occurred:
Is the conduct ongoing?
Yes
No
4. Please list the name and contact information of any witnesses or individuals who may have information related to your complaint:
If you have retained legal counsel and would like us to work with him or her, please provide his or her contact information.
Signature: ___________________________
Date: __________________
FACILITY 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 nor 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 A. GENERAL CONDUCT RULES These are infractions of such a serious nature that they will normally result in immediate discharge without prior warning. I.
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. This includes dishonesty about COVID-19 vaccine status in order to avoid the company’s COVID-19 safety protocol (such as, but not limited to, wearing a facemask). 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 on Company bulletin boards . 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 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.
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9. Violation of the Company’s Policy Against Harassment. This policy is separately posted on Company bulletin boards . 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). 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
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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, of 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 business - 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 suspended or terminated license (for cause – not because of something the state arbitrarily 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 inaccu rate/unsubmitted/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. 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
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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. 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.
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5. Failure to treat others with courtesy and respect. Swearing at, name-calling and/or antagonizing comments will not be tolerated. 6. 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 anytime 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. 7. Posting information on Company bulletin boards without prior approval of the HRBP. 8. Being in the interior of the plant or in other working areas unless you are reporting to work, on duty, or leaving work. 9. Bringing or allowing any non-employee on Company property without prior permission from management and appropriate adherence to the Visitor Access Policy. 10. 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 accordance with the Company’s global food safety initiatives, our policy on Food Safety and Employee Health, and our policy on Physical Facility Security. 11. 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. 12. Removing, damaging, defacing or covering any Company or Company-authorized postings. 13. Gambling on Company property or on working time. 14. Failure to clock in or out for work. 15. Overstaying a break or taking too many breaks. 16. Taking less than your assigned lunch break unless requested to do so by manage ment. 17. Failure to properly and timely contact Reed Group to notify them of absences in violation of the Company’s Absence Reporting Policy.
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18. Failure to properly upload and communicate the data and business activities con ducted in the handheld computer before the end of the workday by adhering to the procedure as outlined in the route sales operations manual (standard operating procedure 23). 19. Route Sales Representatives failure to use a company provided delivery vehicle when conducting all company business. A company provided delivery vehicle must be used by Route Sales Representatives for all company business, including, but not limited to, delivering product to a customer, meeting with a customer’s management, or performing callbacks. 20. Failure to properly use and maintain company property. Company property in cludes, but is not limited to, handheld computers, handheld computer printers, company vehicles, cellular telephones, property keys, product trays, ratchet straps, pin pullers, computer systems, related equipment (such as desks, storage areas and work areas) and any additional provided company equipment. Company property shall only be used in connection with Company business and may not be used for personal purposes or to support business opportunities unrelated to Company. The Company retains the right to inspect and search all Company property in circum stances as deemed appropriate. 21. 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 exceptions to this is a Company approved Medical Alert badge and/or a plain metal wedding band.
d.
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e.
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. Clothing with hoods is not permitted. Belts must be worn with pants that have belt loops. Belts must be completely within the belt loops. For company operated route sales the approved work attire is required. This includes a collared shirt or pullover, dark colored khaki’s or work pants or shorts and black shoes or boots. Shirts must be properly tucked in. Belts must be worn with pants or shorts that have belt loops. Belts must be completely within the belt loops. For any markets where a uniform is issued, only the uniform will be approved to be worn during the workday 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, chewing gum or candy. Employees may store their lunch or daily snacks inside refrigerators, storage racks or shelving provided inside lunch rooms. Leftover food or drink must be disposed of/taken home on a daily basis. At no time will an employee be allowed to store food or drinks inside personal lockers. Appropriate business attire is required of all office personnel. Sweat suits, blue jeans and other denim garments, shorts, tee-shirts, skorts, leggings worn without a skirt, etc. will not be allowed in the office. Blue jeans may be worn on designated exception days. Tobacco products of any kind are not allowed in unauthorized areas.
f.
g.
h.
i.
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
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