Handbook - CWP - Final · 2018-11-15 · Because we comply with all applicable United States...

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EMPLOYEE HANDBOOK

Updated: May 1, 2012

College Works Painting Employee Handbook - 1 - 5/1/2012

WELCOME TO COLLEGE WORKS PAINTING (CWP)!

Welcome to College Works Painting (CWP)!

We believe that every employee plays a role in the success of CWP. We are certain that you will be proud to be a member of our team.

Starting a new job is exciting, but can also be overwhelming. This handbook has been designed to help you understand more about College Works Painting and to help you get acquainted and to answer many of your initial questions about our polices and work practices. As you read this handbook, please make note of any questions and ask either your supervisor or a member of the Human Resources Department for clarification. CWP values are important because they help create an environment in which our employees can flourish and deliver excellence. It describes in detail many of our policies, programs and benefits available to eligible employees, and what we expect of you. Although much of this information will become more meaningful to you as time goes by, we strongly encourage you to become familiar with this handbook as soon as possible, and then keep it handy as a reference for the future.

OUR GOAL

Our goal is to provide the finest-quality services to our customers and Interns, and to run a profitable business to assure steady employment. We will achieve our goal by: Ongoing commitment to research and

expansion. Furnishing the facilities and equipment

necessary for efficient and quality production.

Providing opportunities for individuals to progress.

Paying fair and equitable wages. Offering appropriate services for our

employees’ benefit and enjoyment.

In an effort to be responsive to the needs of a growing organization, changes to this handbook will be made when necessary. We will keep you informed when these changes occur.

As an employee of CWP, the importance of your contribution cannot be overstated.

Once again, welcome to College Works Painting.


TABLE OF CONTENTS

SECTION 1: THE WAY WE WORK ........................................................................................................... 4

A WORD ABOUT THIS HANDBOOK........................................................................................................... 4 NATURE OF EMPLOYMENT ....................................................................................................................... 4 EQUAL EMPLOYMENT OPPORTUNITY .................................................................................................... 5 NON- DISCRIMINATION ON BASIS OF DISABILITIES .............................................................................. 5 IMMIGRATION LAW COMPLIANCE ........................................................................................................... 5 AIDS IN THE WORKPLACE......................................................................................................................... 6 CUSTOMER RELATIONS ............................................................................................................................ 6 BUSINESS ETHICS AND CONDUCT – CONFLICT OF INTEREST............................................................ 6 OPEN DOOR POLICY & OUR EMPLOYMENT RELATIONS PHILOSOPHY ............................................. 7 WHISTLEBLOWER ...................................................................................................................................... 7 NON-HARASSMENT (INCLUDING SEXUAL HARASSMENT) .................................................................. 7 CLASSIFICATION OF EMPLOYEES ........................................................................................................... 9

SECTION 2: YOUR PAY AND PROGRESS .............................................................................................. 10

RECORDING YOUR TIME.......................................................................................................................... 10 WORKDAY AND WORKWEEK ................................................................................................................. 10 OVERTIME.................................................................................................................................................. 10 BREAKS AND MEAL PERIODS ................................................................................................................ 11 PAYDAY ..................................................................................................................................................... 11 METHOD OF COMPENSATION ................................................................................................................ 11 ACCESS TO PERSONAL FILES ............................................................................................................... 11

SECTION 3: TIME AWAY FROM WORK AND OTHER BENEFITS ...................................................... 12

LEAVE OF ABSENCE ........................................................................................................................... 12 Jury Duty Leave .................................................................................................................................... 12 Military Leave ........................................................................................................................................ 12 Witness Duty Leave .............................................................................................................................. 12 Bereavement Leave .............................................................................................................................. 13

TIME OFF TO VOTE ................................................................................................................................. 13

School Activities ................................................................................................................................... 13 Family and Medical Leave.................................................................................................................... 13

OTHER BENEFITS ..................................................................................................................................... 15 Health Insurance ................................................................................................................................... 15 Benefit Continuation (COBRA)............................................................................................................ 16 State Disability Insurance .................................................................................................................... 16 Social Security ...................................................................................................................................... 16 Workers’ Compensation ...................................................................................................................... 16

SECTION 4: ON THE JOB ........................................................................................................................ 17

ATTENDANCE AND PUNCTUALITY ........................................................................................................ 17 STANDARDS OF EMPLOYEE CONDUCT AND WORK RULES .............................................................. 17 NON-DISCLOSURE (CONFIDENTIAL INFORMATION) ........................................................................... 18 PROBLEM RESOLUTION.......................................................................................................................... 18 PROGRESSIVE DISCIPLINE ..................................................................................................................... 19 ARBITRATION ........................................................................................................................................... 19

COMPUTER, E-MAIL, VOICE-MAIL, TELEPHONE AND INTERNET ................................................. 20 POSTAGE MACHINE USAGE ................................................................................................................... 23

COURIER USAGE ................................................................................................................................. 23 WORKPLACE MONITORING .................................................................................................................... 23 PORTABLE LISTENING DEVICES............................................................................................................ 24 SOLICITATION AND DISTRIBUTION........................................................................................................ 24 CHANGES IN PERSONAL DATA .............................................................................................................. 24


REFERENCES............................................................................................................................................ 24 EXPENSE ACCOUNT............................................................................................................................ 24

NATURAL DISASTERS ............................................................................................................................. 26 LIFE-THREATENING ILLNESSES IN THE WORKPLACE ....................................................................... 26 CARE OF EQUIPMENT .............................................................................................................................. 26 TELEPHONE AND CELL PHONE POLICY ............................................................................................... 26 PERSONAL APPEARANCE AND DRESS POLICY .................................................................................. 27 PARKING.................................................................................................................................................... 28 EMPLOYMENT TERMINATION - IF YOU MUST LEAVE US .................................................................... 28

SECTION 5: SAFETY IN THE WORKPLACE.......................................................................................... 30

EACH EMPLOYEE RESPONSIBILITY ...................................................................................................... 30 GOOD HOUSEKEEPING ........................................................................................................................... 31 SMOKING IN THE WORKPLACE .............................................................................................................. 31 ALCOHOL, DRUG AND CONTROLLED SUBSTANCE ............................................................................ 31 THREAT AND VIOLENCE INTERVENTION POLICY................................................................................ 32 ORIGINAL TO EMPLOYEE FILE. COPY TO EMPLOYEE......................................................................................... 34 RECEIPT OF EMPLOYEE SAFETY INSTRUCTIONS ............................................................................... 35 ORIGINAL TO EMPLOYEE FILE. COPY TO EMPLOYEE......................................................................................... 35

National Services Group, Corporate Office Employee Handbook - 4 - 8/11/2008

SECTION 1: THE WAY WE WORK

A WORD ABOUT THIS HANDBOOK

In this handbook, College Works Painting will be referred to as CWP or ‘the company’.

This employee handbook is a guide College Works Painting’s personnel policies and benefits, and describes specific opportunities and responsibilities that exist for you within our company. The policies outlined in this booklet should be regarded as management guidelines only, which in a developing business will require changing from time to time. The company retains the right to make decisions involving employment as needed in order to conduct its work in a manner that is beneficial to the employees and the company. The policies described in this handbook supersede and replace any and all prior handbooks, policies, procedures, guidelines and practices or representations previously provided to you.

This employee handbook also summarizes the current benefit plans maintained by the company. Refer to the actual plan documents and summary plan descriptions if you have specific questions regarding the benefit plans. Those documents will be controlling rather than the summaries contained in this handbook. The employee handbook (and other plan documents) are not contractual in nature and do not guarantee any continuation of benefits.

Our company adheres to the policy of employment-at-will, which permits the company or the employee to terminate the employment relationship at any time, for any reason. Neither the policies contained in this employee handbook, nor any other written or verbal communication by a Supervisor, are intended to create a contract of employment or a warranty of benefits. The policies contained in this handbook may be added to, deleted or changed by the company in its sole discretion, except that we will not modify our policy of employment-at-will in any case. Only in a written, express statement signed by a majority of the owners can the employment at-will policy be changed.

NATURE OF EMPLOYMENT

This handbook cannot cover every situation or answer every question about employment with CWP. This handbook is also not an employment contract and is not intended to create contractual obligations of any kind. You became an employee of CWP voluntarily and your employment is at will. “At will” means that you may terminate your employment at any time, with or without cause or advance notice. Likewise, “at will” means that CWP may terminate your employment at will at any time, with or without cause or advance notice, as long as we comply with applicable federal and state laws. Similarly, the terms and conditions of your employment, including your compensation, position and duties, may be changed at any time, for any reason, without cause or notice.


EQUAL EMPLOYMENT OPPORTUNITY

Our company is committed to the full utilization of all human resources and to a policy of equal employment opportunity. We make employment and advancement decisions based on each individual’s performance, qualifications and abilities. Our company will not discriminate against employees or applicants for employment on any legally-recognized basis including, but not limited to race, color, creed, religion, sex, marital status, national origin, ancestry, medical condition (including pregnancy, childbirth and related medical conditions), genetic characteristics, citizenship, veteran status, physical or mental disability, age, sexual orientation, or any other consideration based on applicable law. This applies to all employment practices, including recruitment, hiring, company benefits, promotions, demotions, transfers, training, disciplinary action, and termination. We expect all employees to show respect and sensitivity toward all other employees, and to demonstrate a commitment to the company’s equal opportunity objectives. If you observe a violation of this policy, you should report it immediately to your supervisor or to the Human Resources Department. You will not be punished for asking questions about this. Violation of this policy will result in disciplinary action, up to and including possible termination of employment. CWP has a “zero tolerance” policy toward unlawful discrimination of any kind, including sexual harassment. As an CWP employee, you must respect the rights of others to be free from unlawful discrimination and / or harassment of any type.

NON- DISCRIMINATION ON BASIS OF DISABILITIES

Our company is committed to ending discrimination against disabled individuals. In accordance with federal and state law, it is CWP’s policy that no program or activity administrated by CWP shall exclude from participation, deny benefits to or subject to discrimination any individual solely by reason of his or her disability. Equal employment opportunity will be extended to disabled persons in all aspects of CWP-employee relationship, including recruitment, hiring, upgrading, training, promotion, transfer, discipline, layoff, recall, and termination.

CWP further affirms that we will provide reasonable accommodation to the known physical or mental limitations of an otherwise qualified disabled employee or applicant. CWP will also engage in a good-faith and timely interactive process to determine whether and to what degree reasonable accommodation is appropriate. In general, it is your responsibility to notify your supervisor or Human Resources of the need for an accommodation. Upon doing so, you may be asked for your input on the type of accommodation you believe may be necessary or the functional limitations caused by your disability. Also, when appropriate, we many need your permission to obtain additional information from your physician or other medical professionals.

IMMIGRATION LAW COMPLIANCE

CWP is committed to employing only people who are United States citizens or who are aliens legally authorized to work in the United States. We do not illegally discriminate because of a person's citizenship or national origin.

Because we comply with all applicable United States immigration laws, every new employee at CWP is required to complete the Employment Eligibility Verification Form I-9 and show documents that prove identity and employment eligibility. If you leave CWP and are rehired, you must complete another Form I-9. If you have questions about immigration compliance procedures, please contact the Human Resources Department.


AIDS IN THE WORKPLACE

CWP will not discriminate against any employee on the grounds that (s)he has AIDS, has tested positive for HIV or AIDS-related complex or has been suspected of having AIDS. Such discrimination is not permitted in hiring, firing, promotions, demotions, transfers, job assignments, compensation or any other employment-related decision. In the event an AIDS-affected employee becomes disabled as a result of his/her disease (s)he will be treated consistently with our benefits policies.

CUSTOMER RELATIONS

At CWP, our customers are very important to us. Every employee represents CWP to customers and to the public. Our customers judge all of us by how we treat them. One of the highest priorities at CWP is to assist any customer or potential customer. Nothing is more important than being courteous, friendly, prompt and helpful to customers.

Your interactions with the public, whether by telephone, email, in person or in writing, or in any other manner, reflect not just on you, but also on the professionalism of our whole company. Good customer relations can build greater customer loyalty and increased profits.

BUSINESS ETHICS AND CONDUCT – CONFLICT OF INTEREST

We expect CWP employees to be ethical in their conduct. Each employee’s conduct affects our reputation and success. CWP requires employees to carefully follow all laws and regulations, and maintain the highest standards of conduct, professionalism and personal integrity.

Our continued success depends on our customers' trust. Employees owe a duty to CWP, our customers, and shareholders to act in ways that will earn the continued trust and confidence of the public.

As an organization, CWP will comply with all applicable laws and regulations. We expect all directors, officers, and employees to conduct business in accordance with the letter, spirit, and intent of all relevant laws and not to engage in any act that is illegal, dishonest, or unethical.

If you use good judgment and follow high ethical principles, you will make the right decisions. If you are not sure if an action is ethical or appropriate, you should discuss the matter openly with your supervisor. If necessary, you may also contact the Human Resources Department for advice and consultation.

Ethical conduct includes avoiding the appearance or existence of all conflicts of interest. A conflict of interest exists when the employee’s loyalties or actions are or appear to be divided between CWP’s interests and those of another, including competitors, customers or suppliers of CWP. Examples of conflicts of interest include but are not limited to:

Working for a competitor, customer or supplier or engaging in self-employment in competition with CWP.

Accepting, without the prior approval of your supervisor, personal gifts or entertainment of a value in excess of $50 from a competitor, customer or supplier.

Having a direct or indirect financial interest in or relationship with a competitor, customer or supplier (other than minor ownership of publicly traded stock of a corporation).


Using CWP information, assets or labor other than for company gain or disclosing to third parties confidential or proprietary information about CWP, including but not limited to, information about company procedures, products, pricing, customers, marketing plans or finances.

It is the responsibility of every CWP employee to comply with our policy of business ethics and conduct.

OPEN DOOR POLICY & OUR EMPLOYMENT RELATIONS PHILOSOPHY

CWP has an “open door” policy with respect to complaints or suggestions. We encourage you to bring your questions, suggestions and complaints to our attention. Careful consideration will be given to each of these in our continuing effort to improve operations.

If you feel you have a problem, you should present the situation to your supervisor or a member of the management team so that the problem can be settled by examination and discussion of the facts. You will find that supervisors will be ready and most willing to discuss any matter that may be of concern.

We believe that the work conditions, wages and benefits we offer are competitive with those offered by other employers in this area and in this industry. If you have concerns about work conditions or compensation, we strongly encourage you to express these concerns openly and directly to your supervisor. We believe that CWP fully demonstrates its commitment to employees by responding effectively to employee concerns.

It has been our experience that when employees deal openly and directly with management and with each other, that kind of clear communication can create a positive, energizing and productive work environment.

Your suggestions and comments are important to us, so we encourage you to take every opportunity to discuss them with us. Your job will not be adversely affected in any way – in fact it is our hope that it will be enhanced – because you chose to take advantage of our “open door” policy.

WHISTLEBLOWER

CWP expects all employees to alert management regarding any unsafe or illegal workplace conditions or practices. Employees will not be punished, discriminated against or otherwise disciplined for ‘blowing the whistle’ on a coworker or workplace condition or practice. If you suspect wrongdoing or a violation of CWP or legal or safety standard, including accepting payment ‘under the table’, corruption or a safety violation, it is your duty to immediately report this violation to your supervisor. If you are not comfortable reporting this to your supervisor, report it to Human Resources.

NON-HARASSMENT (INCLUDING SEXUAL HARASSMENT)

CWP is committed to providing a workplace that is free from all forms of discrimination and conduct that can be considered harassing, coercive or disruptive, including sexual harassment. The Company does not tolerate harassment of any of our employees, customers, independent contractors, vendors or suppliers. Unlawful harassment in employment, including sexual, racial and ethnic harassment, is forbidden by law and is strictly prohibited by the Company. The Company prohibits harassment on any basis including, but not limited to, race, color, religion, sex, marital status, national origin or ancestry, sexual orientation, physical or mental disability, age, medical condition (including pregnancy, childbirth and related medical conditions), genetic characteristics, citizenship, veteran status, physical or mental disability, age, sexual orientation, or any other consideration


based on applicable law. Employees who violate this policy are subject to discipline, including possible termination.

The purpose of this policy is not to regulate our employee’s personal morality. Rather, it is to assure that, in the workplace, no employee harasses another. While it is not easy to define harassment, it certainly includes slurs, epithets, threats, derogatory comments, unwelcome jokes and teasing. Harassment includes, but is not limited to:

Visual conduct, including displaying of derogatory objects or pictures, cartoons or posters; Verbal conduct, including making or using derogatory comments, epithets, slurs and jokes.

Sexual harassment is defined by the regulations of the Fair Employment and Housing Commission as unwanted sexual advances, or visual, verbal or physical conduct of a sexual nature. Sexual harassment includes gender harassment and harassment on the basis of pregnancy, childbirth, or related medical conditions, and also includes sexual harassment of an employee of the same gender as the harasser. This includes, but is not limited to, the following types of offensive behavior:

unwanted sexual advances; offering employment benefits in exchange for sexual favors; making or threatening reprisals after a negative response to sexual advances; visual conduct, including leering, making sexual gestures, displaying of sexually suggestive objects or

pictures, cartoons or posters; verbal conduct, including making or using derogatory comments, epithets, slurs and jokes; verbal sexual advances or propositions; verbal abuse of a sexual nature, graphic verbal commentaries about an individual’s body, sexually

degrading words used to describe an individual, suggestive or obscene letters, notes or invitations; Physical conduct, including touching, assault, impeding or blocking movements. Examples of sexual

harassment include (a) an employee being fired or denied a job or an employment benefit because the employee refused to grant sexual favors or because he or she complained about the harassment; (b) an employee reasonably quitting his or her job to escape harassment; or (c) an employee being exposed to a hostile work environment.

Any employee who feels that (s) he is a victim of harassment should immediately report such actions in accordance with the following procedure. All complaints will be promptly and thoroughly investigated. COMPLAINT PROCEDURE

1. Any employee who believes that (s) he is a victim of harassment, including sexual harassment, should report the act immediately to the Director or Human Resources or your supervisor. If you prefer not to discuss the matter with your supervisor or the Human Resources Director, you may report it directly to an officer or owner.

2. The company will investigate every reported incident immediately. Any employee, supervisor or agent of the company who has been found to have harassed or sexually harassed another employee may be subject to appropriate disciplinary action, up to and including discharge.

3. The company will conduct all investigations in a discreet manner. The company recognizes that every investigation requires a determination based on all the facts in the matter and all persons with information on the matter will be interviewed. We also recognize the serious impact a false accusation can have. We trust that all employees will continue to act responsibly.


The reporting employee and any employee participating in any investigation under this policy have the company’s assurance that no punishment or reprisals will be taken as a result of a harassment complaint or inquiry. The Company will take all reasonable steps to prevent harassment from occurring and will take immediate and appropriate action when the Company knows that unlawful harassment has occurred. The Company’s determination and related Company action will be communicated to the employee making the complaint, to the alleged harasser and, as appropriate, to all others directly concerned. Prompt and effective remedial action will also be taken by the Company against the harasser, and such action will be communicated to the employee making the complaint. Steps will be taken to prevent further harassment.

CLASSIFICATION OF EMPLOYEES

Your employment classification helps determine your employment status and benefits eligibility. If you have questions or are not sure of your employment classification, see your supervisor. These employment classifications do not guarantee employment with CWP for any specific period of time. You became an employee at CWP voluntarily and your employment is at will. "At will" means that you may terminate your employment at any time, with or without cause or advance notice. Likewise, "at will" means that CWP may terminate your employment at any time, with or without cause or advance notice, as long as we comply with applicable federal or state laws.

Depending on your job, you are either NON-EXEMPT or EXEMPT from federal and state wage and hour laws. Your EXEMPT or NON-EXEMPT classification may be changed only with written notification by CWP management.

NON-EXEMPT employees are generally paid on an hourly basis and are entitled to overtime pay according to the specific provisions of federal and state laws. NON-EXEMPT employees may in certain instances be paid a salary, however even though they are NON-EXEMPT employees, all company timekeeping policies must be adhered to in order to ensure the employee is compensated for any overtime and the employee takes the appropriate meals and rest periods.

EXEMPT employees are generally those employees in professional, executive, managerial, administrative, or outside salesperson roles and are excluded from specific provisions of federal and state wage and hour laws. Compensation paid to exempt employees is intended to cover all hours worked. No overtime pay will be paid to exempt employees, regardless of the number of hours worked.

In addition to being a non-exempt or exempt employee, you also belong to one of the following employment categories:

REGULAR FULL-TIME: Regular full-time employees are those who are not assigned to a temporary or seasonal status AND who are regularly scheduled to work with CWP 30 or more hours per week year-round. Regular full-time employees are eligible for legally mandated and may be eligible for company benefit programs, subject to the terms and conditions of each benefit program.

REGULAR PART-TIME: Regular part-time employees are those who are not assigned to a temporary or seasonal status and who are regularly scheduled to work less than 30 hours per week. Part-time employees receive all legally mandated benefits, such as social security and workers' compensation insurance. Part-time employees are not eligible for other company benefit programs.


SEASONAL: Seasonal (or ‘temporary’) employees are those who are hired to temporarily increase our work force during our production season, such as Interns and painters.. Even if your employment at CWP is extended beyond the original time period originally agreed upon, your status will remain that of a seasonal employee until you are officially notified that you have been assigned to a different classification. Seasonal employees receive all legally mandated benefits, such as social security and workers' compensation insurance. Seasonal employees are not eligible for other company benefit programs.

SECTION 2: YOUR PAY AND PROGRESS

RECORDING YOUR TIME

Nonexempt employees are responsible for accurately recording the hours they work. The law requires CWP to keep accurate records of time worked in order to correctly calculate employee pay and benefits. "Time worked" means all the time that nonexempt employees spend performing their assigned work.

If you are a nonexempt employee, you must accurately record the time you start work at the beginning of each shift and stop work at the end of each shift. You must also record the time that you start and end any meal periods or split shifts, and when you leave the workplace for personal reasons. Before you work any overtime, you must always get advance approval. Overtime is ONLY authorized if it is approved in advance by a supervisor.

Falsifying time records is a serious matter. If you falsify time records, you may be subject to disciplinary action, up to and including termination.

WORKDAY AND WORKWEEK

A workday is defined as a consecutive 24-hour period that begins at 1:00 AM each day. A workweek is defined as a fixed and regularly recurring period of 168 hours (seven 24-hour periods) that begins at 1:00 AM each Monday morning. Calculations for overtime pay are based on these definitions.

Because of the nature of our business, your work schedule may vary depending on your duties, our staffing demands, and your supervisor.

OVERTIME

From time to time, non-exempt employees may be asked to work beyond their normally scheduled hours, or on a regularly scheduled day off. Employees will be expected to work reasonable amounts of overtime, according to the needs of the company. When possible, CWP will provide advance notice of any mandatory overtime. CWP attempts to distribute overtime assignments fairly among all employees qualified to do the work.

When non-exempt employees are asked to work overtime, they will receive premium pay, in accordance with applicable state and federal law. Paid time off (eg: paid time off or holiday time) is not counted as hours worked in the calculation of overtime.

Non-exempt employees may not work overtime unless it has been approved in advance by their supervisor. Non-exempt employees who work overtime that have not been authorized in advance may be subject to disciplinary action, up to and including possible termination.


BREAKS AND MEAL PERIODS

Non-exempt employees who work more than five hours in a workday will receive an unpaid meal period of at least 30 minutes, generally near the middle of the shift. Employees who do not work more than six hours in a workday may voluntarily agree with management to waive their right to a meal period.

Non-exempt employees will be provided with one ten-minute paid break (rest period) for each full 4 hours worked in a shift. When possible, these breaks should be taken during the middle of each work period. Because break time is counted and paid as time worked, you must not be absent from your workstation longer than the rest period allows.

Failure to take the required breaks and meal periods may result in disciplinary action, up to and including possible termination. Employees should immediately contact Human Resources if they are not provided with a meal and/or rest period.

PAYDAY

All employees are paid biweekly on every other Friday. Each paycheck includes pay for all work performed through the end of the previous payroll period (ending at 12:59am the Monday morning before payday). Paychecks will be distributed by your direct supervisor at the end of your working day.

If a payday falls on a holiday, you will be paid on the first business day after that payday. If you are away from work on payday, you will receive your paycheck when you return.

Report any errors in paycheck computations to your supervisor or Human Resources immediately.

METHOD OF COMPENSATION

You will receive a payroll check or in some cases you may have your pay deposited directly to your bank account. On paydays, whether you have authorized direct deposit of your paycheck or not, you will receive a statement showing the earnings and deductions used to calculate that paycheck.

ACCESS TO PERSONAL FILES

CWP keeps personnel files on all employees. The personnel files include the job applications and related hiring documents, training records, performance documentation, salary history, and other employment records.

Personnel files are the property of CWP. Because personnel files contain confidential information, only people with a legitimate business reason or a valid legal reason for doing so may see these files. If you wish to review your own file, contact the Human Resources Department. You will need to provide advance notice if you wish to see your file. You may review your file only when a representative of CWP is also present. Upon review, employees may request a copy of any document in their personnel file bearing their signature.


SECTION 3: TIME AWAY FROM WORK AND OTHER BENEFITS

LEAVE OF ABSENCE

The company makes unpaid leaves of absence available to employees on the following basis:

Jury Duty Leave

CWP encourages you to fulfill your civic responsibilities by serving jury duty if you receive a summons.

Non-exempt employees will be granted unpaid jury duty leave for the absence. Exempt employees will receive their regular wages for any workweek during which they work a portion of the workweek while on jury duty.

As soon as you receive your summons, make arrangements with your supervisor regarding time off for jury duty. You are expected to return to your job if you are excused from jury duty during your regular working hours.

Military Leave

CWP will grant a military leave of absence to any employee requesting time off work to serve in the U.S. uniformed services in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA). Employees must provide their supervisor with advance notice of upcoming military service, unless military necessity prevents advance notice or it is otherwise impossible or unreasonable.

Military leave is unpaid leave.

Continuation of health insurance benefits is available as required by USERRA based on the length of the leave and subject to the terms, conditions and limitations of the applicable plans for which you are otherwise eligible.

If you are on military leave for up to 30 days, you must return to work on the first regularly scheduled work period after your service ends (allowing for reasonable travel time). If you are on military leave for more than 30 days, you must apply for reinstatement in accordance with USERRA and applicable state laws.

When you return from military leave (depending on the length of your military service in accordance with USERRA), you will be placed either in the position you would have attained if you had stayed continuously employed or in a comparable position. For the purpose of determining benefits that are based on length of service, you will be treated as if you had been continuously employed. If you have questions about military leave, contact the Human Resources Department for more information.

Witness Duty Leave

Employees who are subpoenaed to serve as a witness in a criminal or civil proceeding must show their subpoena to their supervisor as soon as they receive it to be given the necessary time off. Employees are expected to report for work whenever they are not needed in court. This excused time off will be unpaid.

If you are summoned to be a witness for CWP or if we ask you to testify, we will give you the time off with pay.

CWP will not discriminate against any employee who is summoned to serve as a witness.


Bereavement Leave

Regular full-time employees will receive up to three paid days off for the death of an immediate family member. This benefit is available from your start of employment. Immediate family are limited to spouses, registered domestic partners, parents, brothers, sisters, children, grandparents, parents-in-law, and grandchildren.

Time Off to Vote

CWP strongly encourages eligible employees to vote in elections. If you are a registered voter and do not have enough time outside of working hours to vote in a state-wide election, you may take up to 2 paid hours off work to vote. Employees must request time off to vote at least two working days prior to the election days, must justify that the time off is necessary, and must show their voter’s receipt to their supervisor.

School Activities

Employees, who are parents, grandparents or guardians of children in grades K through 12 or attending licensed day-care / preschool facilities, are eligible for up to 40 hours away from work, without pay, during each school year, to participate in school activities. However, reasonable notice must be given, and no more than eight hours can be taken in any one month. In addition, employees must provide verification from the school or licensed day-care facility that the employee participated in the activity on a specific date and time.

If it becomes necessary for an employee who is a parent or guardian of a child to attend the child’s school to discuss possible suspension, the employee should alert his/her supervisor so that alternative work arrangements can be made.

Family and Medical Leave A leave of absence for the birth, adoption or foster care placement of an employee’s child, or care of an employee’s child, parent or spouse with a serious illness/health condition, or the employee’s serious illness/health condition that makes the employee unable to perform his or her duties or to care for a family member in the Armed Forces, or as a result of a qualifying exigency related to the deployment of a family member who is on active duty.

Employees who have completed at least one year of employment and have worked at least 1,250 hours in the previous 12 months (excluding vacations, holidays, sick leave and leave of absence) and who work at a facility where the company has 50 or more employees within a 75-mile radius, may submit a written request for a family and medical leave of absence, without pay, for any length of time up to a maximum of 12 workweeks in a 12 month period.

If the need for a family and medical leave is foreseeable, employees must submit their request at least 30 days in advance. When the need for a family and medical leave is not foreseeable, then the request must be made as soon practicable. Requests for family medical leaves will normally be granted based on the facts and circumstances surrounding each individual request. If granted, employees will be given written notice of their rights and obligations during the leave. Requests for family medical leaves to care for a child, parent, or spouse with a serious illness/health condition, or an employee with a serious illness/health condition, must be accompanied by a health provider’s written statement that certifies the need for the leave and estimates the length of time the employee will be unable to work due to the serious illness/health condition.


Employees on family medical leave who return to work immediately following the end of an approved leave, will be returned to the same job they held immediately prior to their leave or, if that position has been eliminated, a comparable position if one is available.

Please provide CWP with at least two weeks notice before returning from leave. Employees with a serious illness/health condition must present a health provider’s written release verifying that they are able to safely perform their duties before they will be allowed to return to work.

If your spouse is also employed by CWP, as a couple you may be restricted to a combined total of 12 weeks leave within any 12 month period for childbirth, adoption or placement of a foster child, or to care for a parent with a serious health condition.

Domestic Violence And Sexual Assault Victim Leave

If you are a victim of domestic violence or sexual assault, you may take unpaid time off from work to seek medical attention, legal assistance, services from a domestic violence shelter, program or rape crisis center, to obtain psychological counseling and/or for participating in safety planning including temporary or permanent relocation.

Michelle Maykin Memorial Donation Protection Act

This Act provides employees with paid leave to donate an organ or bone marrow. Any employee who is an organ donor will receive up to 30 days of paid leave in a one-year period and any employee who is a bone marrow donor will receive up to 5 days of paid leave in a one-year period.

Workers’ Compensation Leave

A leave of absence because of work-related illness or injury.

CWP complies with applicable state and federal law concerning leaves for work-related illness and injury. When applicable, workers’ compensation leaves will run concurrently with family and medical leave under both federal and state law.

THE FOLLOWING GENERAL PROVISIONS APPLY TO ALL LEAVES OF ABSENCE:

1. Employees on leaves of absence in excess of 30 days may be required to provide written certification from their physician every 30 days to support their continued disability.

2. A request for an extension of a leave of absence must be made in writing prior to the expiration date of the original leave, and when appropriate, this request must be accompanied by a healthcare provider’s written statement that certifies the need for the extension.

3. Failure to return to work on the first workday following the expiration of an approved leave of absence may be considered a voluntary termination.

4. Coverage under the company’s group health insurance plans will be continued on the following basis:

a. The company will continue to contribute to group health insurance premiums as if the employee were actively at work, for up to 12 workweeks of an approved Family and Medical leave of absence. The employee will be responsible for paying for the employee portion of the health insurance premium, including any dependent premium. Such payment will be due at the same time as if it had been made by payroll deduction.


b. For other approved leaves, the company will continue to contribute to group health insurance premiums as if the employee were actively at work, for up to the first 30 days of the leave.

5. Employees who fail to return to work at the end of an approved leave of absence may be required to reimburse CWP for group insurance premiums paid by the company while the employee was on leave.

6. Employees on leave of absence may be subject to lay off on the same basis as employees who are actively at work.

7. Employees on leave of absence must communicate with the company on a regular basis regarding their status and anticipated return to work date.

8. Employees who return to work from a medical, pregnancy related disability, family medical, or workers’ compensation leave of absence may be required to submit to a physical examination, at the company’s expense, to determine their fitness for duty.

9. Employees on leave of absence who seek or accept other employment without the company’s prior written approval may be subject to disciplinary action, up to and including possible termination.

10. Any medical leave will be considered time spent off work to concurrently satisfy the federal Family and Medical Leave Act (FMLA) and any State leave requirements (if eligible), where the law allows. If State and Federal laws conflict, the most generous law applies.

11. Employees returning from a medical leave that is concurrently satisfying the requirements of FMLA and CRFA are entitled to reinstatement to the same or comparable position.

12. An employee who is granted a medical leave of absence shall be entitled to utilize any accrued paid time off benefits during the period of his or her disability.

13. Employees will not accrue length of continuous service for the portion of a leave of absence in excess of 30 days.

14. An employee’s anniversary date shall be adjusted to reflect the length of any leave of absence exceeding 30 days.

15. Employees who falsify the reason for their leave of absence may be subject to disciplinary action, up to and including possible termination.

16. All leaves of absence must be approved in advance, in writing, by your supervisor, in conjunction with Human Resources.

OTHER BENEFITS

Health Insurance

Regular full-time employees are eligible to participate in the company’s group health insurance plans on the first day of the calendar month after completing after date of hire of full-time employment. Part-time employees and seasonal/temporary employees are not eligible to participate in the company’s group health insurance plans. CWP offers group medical, dental and vision plans in most areas. Employees eligible for health insurance benefits may enroll in either a single or a family contract. CWP may pay a portion of the cost of the individual employee’s health insurance premiums, this amount may vary from year to year. It is your responsibility to pay the remaining portion plus any additional costs of the coverage selected, and to pay for any dependent coverage you may elect. Dental and vision plans are employee paid benefits. Health insurance premiums will be deducted from participants’ paychecks through S125 pre-tax payroll deduction.


Information on the specific plans available in your area and enrollment forms may be obtained from the Human Resources Department. The company reserves the right to change or terminate group insurance benefits at any time.

Benefit Continuation (COBRA)

Upon termination, you may be entitled to continuation or conversion of the group insurance plan at your own expense, in accordance with the terms of the policy and/or applicable state law. For more information, contact the Human Resources Department.

The federal Consolidated Omnibus Budget Reconciliation Act (COBRA) allows employees and their dependents (if any) to continue their health insurance even if they are no longer eligible under our health plan due to a "qualifying event". Qualifying events include the employee's resignation, termination, leave of absence, reduction in regularly scheduled work hours, divorce, legal separation, or death.

If you choose to continue your insurance under COBRA, you will pay the full cost of the insurance at CWP's group rates plus an administration fee. When you become eligible for our health insurance plan under COBRA, we will give you a written notice describing your COBRA rights. Because the notice contains important information about your rights and what to do if you need COBRA, be sure to read it carefully.

State Disability Insurance

Your state may offer a plan that provides benefits when an employee cannot work because of an illness or injury that is not work-related. If your state participates in such a plan, claim forms may be available from your doctor or at the office of the State Agency that oversees this program.

Social Security

Social security is more than a paycheck deduction. Social security is intended to offer financial security for you and your dependents through monthly checks and medical coverage once you reach retirement age. Although this is a federally established program, it is your contributions, and ours, that pay for this benefit. For the duration of your employment, both you and CWP contribute funds to the federal government to support the social security program.

Workers’ Compensation

On-the-job injuries are covered by the company’s workers’ compensation insurance policy provided at no cost to you. If you are injured on the job, no matter how slightly, report the incident immediately to your supervisor, who will promptly report it to Human Resources. Prompt reporting allows CWP to investigate the matter in a timely manner, and ensures that you qualify for applicable coverage as soon as possible.

Workers' compensation insurance covers only work-related injuries and illnesses. Neither CWP nor its insurance carrier will pay workers' compensation benefits for injuries that result from your voluntary participation in any off-duty recreational, social, or athletic activity that we might sponsor.

We ask for your assistance in alerting management to any condition which could lead or contribute to an employee accident.


SECTION 4: ON THE JOB

ATTENDANCE AND PUNCTUALITY

Attendance and punctuality are important factors for your success with CWP. We work as a team, and this requires that each person be in the right place at the right time. You are also expected to arrive at work prepared to start working at the beginning of your scheduled shift.

Employees, who are tardy or absent excessively or show a consistent pattern of absence, will be subject to disciplinary action, up to and including possible termination.

If you are going to be late for work or absent, you must notify your supervisor as soon as possible but before the start of your workday. If you are ill or otherwise unexpectedly not able to report to work, you must notify your supervisor at least 3 hours before the start of your shift. It is best to notify your immediate supervisor, but if that person is not available, notify his/her supervisor or the Human Resources Department. It is best to notify the appropriate person in person, but if that is not possible, at least leave a detailed voice-mail message including when you will return to work and how you can be reached while you are away from work.

If you are absent for three days without notifying management, it is assumed that you have voluntarily quit and therefore are no longer employed by Company.

STANDARDS OF EMPLOYEE CONDUCT AND WORK RULES

CWP expects each employee to follow certain work rules and conduct him/herself in ways that protect the interests and safety of all employees and CWP.

If an individual’s behavior interferes with the orderly and efficient operation of the business, corrective disciplinary measures will be taken. Disciplinary action may include a verbal warning, written warning, suspension without pay and termination. The appropriate disciplinary action imposed will be determined by the company. The company does not guarantee that one form of action will necessarily precede another.

The following may result in disciplinary action, up to and including termination: violation of the company’s policies or safety rules, insubordination, excessive absenteeism or any absence without notice, possession, distribution, use or sale of alcohol or controlled substances on work premises or during working hours, unauthorized possession, use or sale of weapons, firearms or explosives on work premises, unsatisfactory performance or conduct, theft or inappropriate removal or possession of property, dishonesty, physical harassment, sexual harassment or disrespect (including profane or vulgar language) toward fellow employees or visitors or other members of public, falsification of timekeeping records, negligence or improper conduct leading to damage of employer-owned or customer-owned property, unauthorized disclosure of business ‘secrets’ or confidential information, poor attitude or rudeness or lack of cooperation, failure to follow instructions or procedures. These examples are not all inclusive. We emphasize that disciplinary and termination decisions will be based on an assessment of all relevant factors.

Since your employment with CWP is voluntary and at will, you may terminate your employment at any time, with or without cause or advance notice. Likewise, CWP may terminate your employment at any time, with or without cause or advance notice.


NON-DISCLOSURE (CONFIDENTIAL INFORMATION)

Protecting our company’s information is the responsibility of every employee. We all share a common interest in ensuring confidential company information is not improperly or inadvertently disclosed. Confidential information includes, but is not limited to:

compensation data customer lists customer preferences financial information marketing strategies and materials pending projects and proposals

research and development strategies employee lists personnel information proprietary software pricing strategies contracts

As it is of critical importance to the company to keep our proprietary and otherwise sensitive information confidential, all employees are expected to maintain absolute confidentiality with respect to any information obtained in the course of employment with CWP.

Any employee who violates this policy by divulging or discussing confidential information, except as necessary to complete assigned duties, will be subject to discipline, up to and including termination, as well as possible legal action and/or criminal prosecution, even if you do not derive any personal benefit from disclosing the information.

If you have any questions as to whether certain information is confidential or not, it is your obligation to obtain guidance from your supervisor before divulging the information to anyone outside the company. Depending on your duties, you may also be asked to sign a separate confidentiality agreement.

PROBLEM RESOLUTION

CWP encourages an open and frank atmosphere in which any problem, complaint, suggestion, or question receives a timely response from CWP supervisors and management.

CWP endeavors to ensure fair and honest treatment of all employees. We expect supervisors and employees to treat each other with mutual respect. We encourage employees to share positive and constructive criticism.

If you disagree with CWP rules of conduct, policies, or practices, you can express your concerns through the problem resolution procedure described in this policy. You will not be penalized, formally or informally, for making a complaint. You will also not be penalized for using this problem resolution procedure.

If a situation occurs where you believe that a condition of employment or a decision that affects you is not fair, you are encouraged to use the following problem resolution steps. You may stop the procedure at any step.

(1) You present the problem to your supervisor. If your supervisor is unavailable or you believe it would be inappropriate to discuss it with your supervisor, you may present the problem to the Human Resources Department or any other member of management.

(2) Your supervisor responds to the problem during discussion or after consulting with appropriate management, when necessary. Your supervisor documents the discussion.

(3) If the problem is not resolved, you present the problem to the Human Resources Department or any Corporate Officer.


(4) The Human Resources Department or Corporate Officer counsels and advises you, helps you to put the problem in writing, visits with your supervisor, if necessary, and directs you to a Corporate Officer for a review of the problem.

(5) You present the problem to a Corporate Officer in writing.

(6) The Corporate Officer reviews and considers the situation. The Corporate Officer informs you of the decision and forwards a copy of the written response to the Human Resources Department for your file. The Corporate Officer has full authority to make any adjustment that is determined to be appropriate to resolve the problem.

Not every problem can be resolved to everyone's total satisfaction. However, we believe that honest discussion and listening to each other will build confidence between employees and management and help make CWP a better place to work.

PROGRESSIVE DISCIPLINE

This section describes CWP’s policy for administering discipline for unsatisfactory conduct.

We believe it is important to ensure that all employees are treated fairly and that disciplinary actions are prompt, consistent and impartial. The primary purpose of a disciplinary action is to correct the problem, prevent it from happening again, and prepare the employee for satisfactory performance in the future.

Although your employment is based on mutual consent and both you and CWP have the right to terminate employment at will, with or without cause or advance notice, CWP may use progressive discipline at its discretion.

Disciplinary action may be any of the following four steps:

1) verbal warning 2) written warning 3) suspension with or without pay, or 4) termination of employment.

We will consider the severity of the situation and how often it has happened when deciding which step to take. There may be circumstances when one or more steps are bypassed.

Please review the Employee Conduct and Work Rules policies in this handbook for examples of unacceptable conduct that might result in immediate suspension or termination of employment. Some of the examples of unsatisfactory conduct listed may result in the progressive discipline process described above instead of immediate suspension or termination.

By using progressive discipline, we hope that most employee problems can be corrected at an early stage, benefiting both the employee and CWP.

ARBITRATION

In any organization, disputes will arise from time to time. Occasionally, these disputes require resolution through a formal proceeding. Traditionally, court proceedings have been used for the ultimate resolution of disputes. However, our court system too often has been proven to be an exceedingly costly and time-consuming process which fails to meet the needs of the parties involved.


With this in mind, CWP uses the arbitration agreement found in the back of this handbook. We hope your employment will be free of the disputes covered by this agreement and that we will never need to use it. If this not the case, we believe that, when possible, a dispute brought before an arbitrator in an orderly and cost-effective manner will benefit both parties.

To resolve disputes which might otherwise become civil cases, you and the company agree to submit all disputes arising out of your employment which may lawfully be the subject of pre-dispute arbitration agreements to final and binding arbitration after the conclusion of any relevant administrative proceedings. By signing the arbitration agreement you will be agreeing that arbitration will be the sole and exclusive means of resolving any such disputes and you will be agreeing not to bring any action against the company for any employment-related claim in any court. The arbitrator in the arbitration proceeding will have the authority to order any legal or equitable remedy which would be available in a civil or administrative action on the claim.

Additionally, you agree that all disputes subject mediation must be arbitrated as individual claims. You specifically agree not to arbitrate any dispute on a class basis or as a collective action or representative action, and the arbitrator shall have no authority or jurisdiction to enter an award or otherwise provide relief on a class, collective or representative basis. You and CWP specifically retain a right to appeal in a court of competent jurisdiction any determination or award of an arbitrator made in contravention of this section, including without limitation, a determination (i) that a claim may proceed as a class, collective, or representative action; or (ii) that awards relief on a class, collective, or representative basis. In such appeal, the standard of review to be applied to the arbitrator’s decision shall be the same as that applied by an appellate court reviewing a decision of a trial court sitting without a jury.

You begin the arbitration process by delivering a written request for arbitration to the company within the time limits which would apply to the filing of a civil complaint in court. A late request will be void.

The Arbitration Agreement (which is found in the back of this handbook) is a waiver of your rights to a civil jury trial for claims arising out of your employment.

COMPUTER, E-MAIL, VOICE-MAIL, TELEPHONE AND INTERNET Disclaimer

Users accessing the lnternet do so at their own risk and we are not responsible for material viewed or downloaded by users from the Internet. To minimize these risks, your use of the Internet at the Company is governed by the following policy: Permitted Use of Internet and Company Computer Network The computer network and any computers, laptops, personal data assistants (PDAs), and similar devices provided to employees are the property of the Company and are to be used for legitimate business purposes. Employees are provided access to the computer network to assist them in the performance of their jobs. Additionally, certain employees may be provided with access to the Internet through the computer network. All employees have a responsibility to use the Company’s computer resources and the Internet in a professional, lawful, and ethical manner. Abuse of the computer network or the Internet may result in disciplinary action, including possible termination, as well as civil and criminal liability.

Prohibited Activities

Without prior written permission from the Company, the Company’s computer network may not be used to disseminate, view, or store commercial or personal advertisements, solicitations, promotions, destructive code


(e.g., viruses, Trojan horse programs, etc.), or any other unauthorized materials. The following activities are prohibited:

Sending or posting discriminatory, harassing, or threatening messages or images; Using the organization's time and resources for personal gain; Stealing, using, or disclosing someone else's code or password without authorization; Copying, pirating, or downloading software and electronic files without permission; Sending or posting confidential material, trade secrets, or proprietary information outside of the organization; Violating copyright law; Failing to observe licensing agreements; Engaging in unauthorized transactions that may incur a cost to the organization or initiate unwanted Internet

services and transmissions; Sending or posting messages or material that could damage the organization's image or reputation; Participating in the viewing or exchange of pornography or obscene materials; Sending or posting messages that defame or slander other individuals; Attempting to break into the computer system of another organization or person; Refusing to cooperate with a security investigation; Sending or posting chain letters, solicitations, or advertisements not related to business purposes or activities; Using the Internet for political causes or activities, religious activities, or any sort of gambling; Jeopardizing the security of the organization's electronic communications systems; Sending or posting messages that disparage another organization's products or services; Passing off personal views as representing those of the organization; Sending anonymous email messages; and Engaging in any other illegal activities. Further, at all times employees are responsible for the professional, ethical, and lawful use of the computer system. Use of the computer is a privilege that may be revoked at any time. Internet communications, voice mail messages, and e-mail messages that may constitute intimidating, hostile, or offensive material on the basis of sex, gender identity or expression, pregnancy, race, color, religious beliefs or observances or practices, national origin, ancestry, sexual orientation, age, domestic partner status, familial status, marital status, or disability should not be created or sent. The use of these systems is subject to the same policies regarding harassment and discrimination as are any other workplace communications. The viewing, downloading or transmitting of obscene, degrading or derogatory or sexually explicit materials (including images, messages and cartoons), is expressly forbidden.

Illegal Copying and Copyrights

Employees may not illegally copy material protected under copyright law or make that material available to others for copying. CWP buys and licenses computer software for business purposes. We do not own the copyright to this software or its documentation. Unless the software developer authorizes us, we do not have the right to use the software on more than one computer. Employees may only use software on local area networks or on multiple machines according to the software license agreement. CWP prohibits the illegal duplication of software and its documentation.

If you know about any violations to this policy, notify your supervisor, the Human Resources Department or any member of management immediately. Employees who violate this policy are subject to disciplinary action, up to and including termination of employment, as well as civil and/or criminal liability.


Communication of Trade Secrets

Unless expressly authorized to do so, employees are prohibited, for the employee’s personal economic and non-economic benefit, from sending, transmitting, or otherwise distributing proprietary information, data, trade secrets, or other confidential information belonging to the Company that is created, maintained, or stored in digital form. This includes, but is not limited to, accessing part of the Company’s computer network or system (such as certain servers or drives) for which the employee has no authorization or need to access for purposes of the employee performing his or her job duties or functions. Unauthorized access to, or dissemination of any of these materials may result in severe disciplinary action as well as substantial civil and criminal penalties under state and federal unfair competition, trade secret, and economic espionage laws.. Virus Detection Files obtained from sources outside the Company, including files downloaded from the Internet, newsgroups, bulletin boards, or other online services, files attached to e-mails, and files provided by customers or vendors, may contain dangerous computer viruses that may damage the Company’s computer network. Employees should never download files from the Internet, accept e-mail attachments from outsiders, or use disks from non-Company sources without first scanning the material with Company-approved virus checking software. If you suspect that a virus has been introduced into the Company’s network, notify the Company immediately.

No Expectation of Privacy

Employees that are given computers, laptops, PDAs, and similar devices, and Internet access to assist them in the performance of their jobs have no expectation of privacy in anything they create, store, send, or receive using the Company’s computer equipment. Additionally, Employees have no expectation of privacy when using the company’s computers, e-mail, instant-messaging system, voice-mail, and telephone. These tools, along with all communications and information transmitted by, received from, or stored in these systems are the sole property of the Company. Authorized representatives of the company will monitor the use of these systems, including monitoring Internet usage and reviewing stored voice-mail and e-mail messages. The computer network is the property of the Company and may be used only for Company purposes. Although employees may have individual access codes to the computer network system, these systems are accessible at all times by authorized Company personnel. These systems should never be used for any document or communications that would cause embarrassment or concern to an employee if anyone else inside or outside the office knew of its existence. Even though passwords may be used, they are meant to protect the electronic systems and their contents from third party intrusion and not to give the user a sense of confidentiality or privacy. Passwords are subject to override by authorized Company personnel. Although the systems may contain a delete function, information that has been “deleted” may have previously been backed up or exist in another location. Employees are prohibited from the unauthorized use of the access codes or passwords of other employees to gain access to their computers, e-mail, and voice-mail messages.

Waiver of Privacy Rights

All employees expressly waive any right of privacy in anything they create, store, send, or receive using the Company’s computer equipment or Internet access. Employees consent to allow Company personnel to access, search, and review all materials created, stored, sent, or received by any employee through any Company network or Internet connection.

Monitoring of Computer and Internet Usage

The Company has the right to monitor and log any and all aspects of its Computer system including, but not limited to, monitoring Internet sites visited by employees, monitoring chat and newsgroups, monitoring file


downloads, and all communications sent and received by employees. Please be aware that if an employee accesses a website, the owner of that website may be able to identify the Company’s domain name and other information about the visit, so be aware that use of the Internet may impact the Company’s reputation with other parties.

Blocking Sites With Inappropriate Content

The Company has the right to utilize software that makes it possible to identify and block access to Internet sites containing sexually explicit or other material deemed inappropriate in the workplace or unnecessary for business purposes. E-Mail and Messaging The following footer should be appended to all e-mail sent outside the company: “NOTE: This Email message (including any attachments) is intended only for the use of the individual or entity to whom it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this email message is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by return email or by telephone at 800-450-9675. Thank you.” Employees may not use their Company email for personal use, including but not limited to the discussion of religious or political causes, outside organizations, or any other matters unrelated to CWP business.

POSTAGE MACHINE USAGE

Any postage machine provided by CWP is intended for business use only. The postage meter may not be used for personal mail. Any unauthorized use of the Company’s postal machine may lead to disciplinary action, up to and including termination. COURIER USAGE The Company’s Federal Express account is intended for business use only. The Federal Express account may not be used for personal use. Any unauthorized use of the Company’s Federal Express account may lead to disciplinary action, up to and including termination.

WORKPLACE MONITORING

CWP may conduct workplace monitoring to help ensure quality control, employee safety, security, and customer satisfaction.

Employees may have their telephone conversations monitored or recorded. Telephone monitoring helps us to identify training needs and performance problems.

All computer equipment, services, or technology that we furnish are the property of CWP. We reserve the right to monitor computer activities and data that is stored in our computer systems. We also reserve the right to find and read any data that you write, send, or receive by computer.


Moreover, as employees have no right to privacy in the general working areas of a facility, Company reserves the right to monitor the workplace with visible and hidden cameras. And we reserve the right to use hidden cameras when the employer reasonably suspects health, safety or company policy violations. Because we are sensitive to employees' legitimate privacy rights, we will make every effort to guarantee that workplace monitoring is always done ethically and with respect.

PORTABLE LISTENING DEVICES

If you have a portable listening device (eg: radio) in your work area, please ensure that it does not disturb others. The sound from the device should not be heard by the person on the other end of the phone. If asked to turn down the volume, do so immediately and without question.

SOLICITATION AND DISTRIBUTION

In order to avoid unnecessary annoyances and interruptions from your work, solicitation by an employee of another employee (including e-mail solicitation) is prohibited while either person is on working time.

Employee distribution of literature, including brochures and fliers, in work areas is prohibited at all times.

CHANGES IN PERSONAL DATA

We need to maintain up-to-date information about you so we would be able to aid you and/or your family in matters of personal emergency. Therefore, in order to facilitate the necessary record-keeping, your personal data must be kept up-to-date. Please notify your supervisor when there is a change of any of the following:

Home address Home or mobile phone number Tax Withholding Whom to contract in case of an emergency REFERENCES All references are to be handled by Human Resources. Without advance approval of an owner, no employee, or supervisor is authorized to give any references regarding employees or former employees of the company. Refer all such written or verbal requests to Human Resources.

EXPENSE ACCOUNT The Company recognizes that employees may be required to travel or incur other expenses from time to time to conduct company business. The purpose of this Policy is to ensure that (a) adequate cost controls are in place, (b) travel and other expenditures are appropriate, and (c) to provide a uniform and consistent approach for the timely reimbursement of authorized expenses incurred by employees. It is the policy of the company to reimburse only reasonable and necessary expenses actually incurred by the employee. When incurring business expenses, the Company expects you to:

Obtain prior approval from management Exercise discretion and good business judgment with respect to those expenses.


Be cost conscious and spend company money as carefully and judiciously as you would spend your own funds.

Report expenses, supported by required documentation, as they were actually spent. Expense Report Expenses will not be reimbursed unless the individual requesting reimbursement submits a written Expense Report. The Expense Report, which shall be submitted within reasonable time after the employee has incurred a reimbursable expense. The report must include:

Which corporation if any the expense was attributed to; Date expense was incurred Payee Amount of the expense Purpose of the expense Who authorized (pre-approved) the expense

Receipts Original Receipts are required for all expenses. A credit card receipt or statement may be used to document the vendor and date of an expense, provided other required details of the expenditure are fully documented. General Travel Requirements Necessity of Travel - In determining the reasonableness and necessity of travel expenses, you and your supervisor authorizing the travel shall consider the ways in which the company will benefit from the travel and weigh those benefits against the anticipated costs of the travel. The same considerations shall be taken into account in deciding whether the benefits to the company outweigh the costs, less expensive alternatives, such as participation by telephone or video conferencing, or the availability of local programs or training opportunities, shall be considered. Air Travel General - Air travel reservations should be made as far in advance as possible in order to take advantage of reduced fares. Lodging Employees traveling on behalf of the company may be reimbursed at the single room rate for the reasonable cost of hotel accommodations. Convenience, the cost of staying in the city in which the hotel is located, and proximity to other venues on the individual’s itinerary shall be considered in determining reasonableness. Personal Cars Personnel may submit an Expense Report for use of their personal cars when used for company business, mileage will be reimbursed at the currently approved IRS rate per mile.

Parking/Tolls


Pre-approved parking and toll expenses, including charges for hotel parking, incurred by employees traveling on organization business will be reimbursed. The costs of parking tickets, fines, car washes, valet service, etc., are the responsibility of the employee and will not be reimbursed. Pre-approved airport parking is permitted for short business trips. Other Expenses Reasonable company related cell phone charges are reimbursable. NATURAL DISASTERS

Natural disasters including earthquakes, mudslides, floods and fires are to be expected from time to time. Although driving may be difficult in some areas due to damage to freeways and streets, when caution is exercised, the roads are normally passable or alternate routes are available. Except in severe cases, we are all expected to work our regular hours. Time taken off due to natural disasters is unpaid.

LIFE-THREATENING ILLNESSES IN THE WORKPLACE

Employees with life-threatening illnesses, such as cancer, heart disease, and AIDS, often wish to continue their normal lives, including work, to the degree that they can. CWP is committed to helping these employees to work as long as they continue meeting acceptable performance standards.

As in the case of other disabilities, we will make reasonable accommodations in accordance with all legal requirements to allow qualified employees with life-threatening illnesses to perform the essential functions of their jobs.

If you have questions or concerns, contact the Human Resources Department for information and referral to appropriate services and resources.

CARE OF EQUIPMENT

Employees are expected to use proper care when using the company’s property and equipment. No property may be removed from the premises without the proper authorization of management. If you lose, break, or damage any property, report it to your supervisor at once.

TELEPHONE AND CELL PHONE POLICY

It is important to keep our telephone lines free for business calls. You should refrain from using your personal cell phone for non-business matters unless otherwise authorized or on a break. If an emergency arises that requires you to use your cell phone, please step away from your work space so as to not disrupt your fellow employees. In some cases, the company may provide cellular telephone service for use by its employees. Employees should have no expectation of privacy in using cellular telephones issued by the company. Inappropriate use of cellular telephones or the use of cellular telephones while driving is not acceptable and will not be permitted. Failure to


comply with this policy may result in disciplinary action, up to and including termination. Employees are expected to exercise caution in the use of cellular telephones at all times.

PERSONAL APPEARANCE AND DRESS POLICY

Personal appearance refers to how you dress, how neat you are, and your personal cleanliness standards. Your personal appearance can influence the impression that co-workers, customers, business partners and other visitors have of our company. During business hours and whenever you represent CWP, you should present yourself in an appropriate manner. Clothing must be clean, neat, well-fitting (not overly tight, loose or baggy) and in good condition. Clothing at work should never be stained, wrinkled, frayed or revealing. Check with your supervisor if you have questions about what is appropriate to wear to work.

In some cases, employees may be exempt from the dress code described when sturdier or more casual clothing or footwear is appropriate to the work assignment. Check with your supervisor about when this applies. Offensive body odor and poor personal hygiene is not professionally acceptable. Mustaches and beards must be clean, well-trimmed and neat. Perfume, cologne, aftershave lotion and other fragrances should be used moderately or avoided altogether, as some individuals may be sensitive to strong fragrances.

Clothing or visible tattoos with profanity, nude or semi-nude pictures, sexually suggestive slogans, cartoons or drawings are never acceptable at work.

Appropriate Clothing Includes:

Collared shirts, blouses, sweater Golf and polo shirts Ties Slacks, Dockers, khaki, classic trousers, or jeans Tailored cargo pants or shorts Capri pants Dresses & Skirts (lengths cannot be more than 3 inches above the knee) Any type of business shoe (heels, flats, loafer style, mules, open toe sandals) T-shirts, sweatshirts, and pants that have no offensive pictures, phrases, holes or

frays Casual/sports t-shirt Tennis/athletic shoes Denim/jean shirts, dresses, skirts, jackets Shorts – no more than 5 inches above the knee Men-Hair must be clean, neat and well groomed at all times, facial hair is allowed,

provided it is well groomed, jewelry should be tasteful Women-Hair should be neat, clean and tastefully styled, make up and jewelry

should be tasteful and not excessive

Inappropriate Attire:

Halter tops, strapless tops, muscle shirts Sport shorts Leggings Non-tailored cargo pants or shorts Flip flop (foam-soled/beach) shoes, slippers, bare feet


Visible undergarments (i.e. bras, underwear) Clothing exposing mid-drift section (if stomach is exposed due to movement, this is considered

midriff exposure Mini-skirts (4 inches or more above knee)

Enforcement Supervisors are responsible for monitoring and enforcing this policy. The policy will be administered according to the following action steps: 1. If questionable attire is worn, the employee’s supervisor will hold a personal, private discussion with the employee to advise the employee regarding the inappropriateness of the attire. 2. If an obvious policy violation occurs, the employee’s supervisor will hold a private discussion with the employee and ask the employee to go home and change his/her attire immediately. 3. Repeated policy violations will result in disciplinary action, up to and including termination. Review and Revision The Company reserves the right to rescind and/or amend this, and all Company policies, at any time. PARKING

At locations where parking is available to CWP staff, the company is not responsible for loss, damage, or theft of your vehicle. Therefore, we suggest that you lock your car doors and take all appropriate precautions.

EMPLOYMENT TERMINATION - IF YOU MUST LEAVE US

There can be many reasons why employment may terminate, including:

End of Season - seasonal employment is generally from May to September

Resignation - voluntary employment termination initiated by an employee.

Termination - involuntary discontinuation of employment initiated by the company.

If you decide to resign, it would be appreciated if you would provide us with at least 2 weeks notice before the date of your departure. Although this advance notice is not required, it will help your co-workers make plans to reassign work.

We will usually schedule an exit interview if you terminate. At the exit interview, we can go over such topics as your benefits, benefits conversion rights, or return of CWP-owned property. You may also communicate your views on your work with CWP, as well as job requirements, operations and training needs, and ask questions at the exit interview.

Since your employment with CWP is voluntary and at will, you may terminate your employment at any time, with or without cause or advance notice. Likewise, CWP may terminate your employment at any time, with or without cause or advance notice.


When you terminate, you will receive your final pay in accordance with applicable state law.

It is your responsibility to notify Human Resources if your address changes during the calendar year in which termination occurs so that your tax and any benefits information will be sent to the proper address.


SECTION 5: SAFETY IN THE WORKPLACE

EACH EMPLOYEE RESPONSIBILITY

Our workplace safety program is a top priority at CWP. The Safety Officer is responsible for implementing, administering, monitoring and evaluating the safety program. A successful safety program depends on everyone being alert and committed to safety. Each employee is expected to think defensively, anticipate unsafe situations, and report unsafe conditions immediately.

We regularly communicate in different ways with employees about workplace safety and health issues. These communications may include supervisor-employee meetings, bulletin board postings, memos, or other written communications. Employees and supervisors receive workplace safety training. The training covers possible safety and health hazards as well as safe work practices and procedures to eliminate or reduce hazards.

Some of the best safety improvement ideas come from employees. If you have an idea, concern, or suggestion on how to improve safety in the workplace, tell your supervisor, another supervisor, or the Safety Officer. You can report any concerns about workplace safety anonymously and without fear of reprisal.

You are expected to obey all safety rules and be careful at work. You must immediately report any unsafe condition to the appropriate supervisor. If you violate CWP's safety standards, you may be subject to disciplinary action, up to and including termination of employment. Violations include causing a hazardous or dangerous situation, not reporting a hazardous or dangerous situation, and not correcting a problem you could have corrected.

It is very important that you tell the Safety Officer or the appropriate supervisor immediately about any accident that causes an injury, no matter how minor it might seem at the time. When you report it quickly, we can investigate the accident promptly; follow the laws, and start insurance and worker's compensation processing.

Please observe the following precautions:

1. Notify your supervisor of any emergency situation. If you are injured or become sick at work, no matter how slightly, you must inform your supervisor immediately.

2. The use of alcoholic beverages, illegal drugs or other illegal substances, or the abuse of legal prescription drugs during working hours will not be tolerated. The possession of alcoholic beverages or illegal drug substances on the company’s property is forbidden.

3. Use, adjust and repair machines and equipment only if you are trained and qualified.

4. Get help when lifting or pushing heavy objects.

5. Understand your job fully and follow instruction. If you are not sure of the safety procedure, don’t guess… ask your supervisor.

6. Know the locations, contents and use of first aid and firefighting equipment.

7. Wear personal protective equipment in accordance with the job you are performing.

A violation of a safety precaution is in itself an unsafe act. A violation may lead to disciplinary action, up to and including termination.


GOOD HOUSEKEEPING

Good work habits and a neat place to work are essential for job safety and efficiency. You are expected to keep your place of work organized and material and equipment in good order at all times. Report anything that needs repair or replacement to your supervisor.

SMOKING IN THE WORKPLACE

Our company is committed to providing a safe and healthy environment for employees and visitors. Therefore, smoking is not permitted in the offices or on jobsites.

ALCOHOL, DRUG AND CONTROLLED SUBSTANCE

CWP is committed to being a drug-free, healthful and safe workplace. Employees are required to report to work in a mental and physical condition that allows for safe and satisfactory work.

No employee shall work report to work or be present on company premises, in company vehicles, in personal vehicles while performing company duties, or engage in company activities while under the influence of alcohol or any controlled substance which affects job safety or performance. Employees may use legally prescribed medications on the job only if they do not impair the employee’s ability to perform the essential function of the job effectively and safely without endangering the employee or others.

The unlawful or unauthorized manufacture, distribution, dispensation, possession, sale or use of alcohol or controlled substances on company premises, in company vehicles, in personal vehicles while performing company duties, or while engaged in company activities is also strictly prohibited. Any violation of this substance abuse policy may result in disciplinary action up to and including termination.

The company further reserves the right to take any and all appropriate and lawful action necessary to enforce this substance abuse policy including, but not limited to, randomly testing employees for drugs, the inspection of the employees’ personal property in certain circumstances, as well as desks or other suspected areas of concealment. CWP may require violators of this policy to participate in a substance abuse rehabilitation or treatment program. Full compliance with this substance abuse policy is a condition of employment and continued employment.

Consistent with our fair employment policy, our company maintains a policy of non-discrimination and reasonable accommodation with respect to recovering addicts or alcoholics, those who are perceived as having a dependency and those having a medical history reflecting treatment for these conditions.

If you have a drug or alcohol problem, you may request unpaid time off to participate in a rehabilitation or treatment program through our health insurance benefit coverage, if your substance abuse problem has not already resulted in disciplinary action and you are not currently subject to immediate disciplinary action. We may approve the time off if you agree to stop using the problem substance; follow all CWP policies and rules relating to conduct at work; and if giving the time off will not cause CWP an undue hardship.

If you have questions about this policy or issues related to drug or alcohol use at work, you can raise your concerns with your supervisor or the Human Resources Department without fear of reprisal.

This handbook statement is only a summary of our substance abuse policy and is not intended to be interpreted as contractual in nature. Additional information may be obtained from management.


THREAT AND VIOLENCE INTERVENTION POLICY

The company is committed to ensuring that the work environment is as safe as possible for all its employees and customers.

Any form of threat or violence, no matter how minor, will not be tolerated. CWP does not permit firearms, weapons or other dangerous or hazardous devices and substances on our premises or any work site. It is the responsibility of every employee to report any situation involving a threat and/or any form of violent behavior. Even veiled threats or jokes should be taken seriously.

Most people who commit acts of violence have discussed it in some fashion with other employees prior to the event. The only way to prevent a potentially dangerous situation is to notify the appropriate people within the company. Co-workers, not necessarily supervisors, are often times the first and only ones to become aware of such threats. Once notified, the company will take steps to immediately intervene and defuse a situation which involves threats and violence.

If an employee is fearful of retaliation, he or she may make an anonymous call to any company owner, officer, or to the Human Resources Department. Anonymous reporting of threats or violence will be investigated promptly. Be sure to give as much information as possible so that the threat can be investigated swiftly and effectively.

Depending on the severity of the situation, the local police may be called for assistance.

Internal Threats – Threats from an employee must be immediately reported to your supervisor and the Human Resources Department. All reports will be kept as confidential as possible. No threat is too small or insignificant. Every situation will be reviewed on its own merit.

External Threats – All external threats, either against the company or an employee, must also be reported to your supervisor and Human Resources. All threats against the company or an employee acting as an agent of the company will be handled by your supervisor in conjunction with Human Resources.

Suicidal Threats – If an employee is overheard threatening to commit suicide, please inform your supervisor or Human Resources. If an employee tells you directly that they are contemplating suicide, immediately tell your supervisor or Human Resources. There are professionals who specialize in suicide intervention who the Company can contact to help in these extreme situations.

Acts of Violence – Violent behavior can include fighting, extreme verbal abuse, vandalism, bodily injury, destruction of property etc. All violent behavior, whether verbal or physical, is prohibited and will be confronted immediately.

All acts of violence must be reported to your supervisor or Human Resources. All reports will be kept as confidential as possible. If a determination is made that an act of violence has occurred, appropriate disciplinary action, which may include a mandatory psychiatric fitness-for-duty examination or termination of the offender will occur. The severity of the discipline will be determined by the degree and/frequency of the offense.

We expect each employee to support this policy and understand how their behavior may impact the safety of the workplace. Employees should immediately report any suspicious person or activities to a supervisor. Do not place yourself in danger. If you see or hear trouble or a disturbance near you, do not try to see what is happening or try to stop it. Each supervisor is required to enforce all safety-related policies so potential hazards are avoided. All employees share in the responsibility of assuring that misunderstandings and other problems are resolved in a timely and respectful manner so that a productive work environment is maintained.


ARBITRATION AGREEMENT

In any organization, disputes will arise from time to time. Although we hope your employment will be free of any disputes, should a dispute arise, we believe that it may be brought before a meditator and/or arbitrator in an orderly and cost-effective manner that will benefit both parties.

A. Mediation. You and Company agree to submit all disputes or claims to mediation in Orange County, CA. The mediation does not need to be done in person; it may be done over the phone. If you and Company do not agree on the mediator selected, then you and Company agree to proceed to arbitration.

B. You and Company agree to submit any and all disputes to final and binding arbitration in accordance with the rules of the American Arbitration Association (hereinafter “AAA”) and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The arbitrators will be entitled to award all types of relief that would otherwise be available to the parties in a court proceeding under State or Federal law.

C. Neither, you nor Company will be required to submit to arbitration any disputes that may not lawfully be the subject of a mandatory arbitration provision or any disputes within the small claims jurisdiction.

D. You begin the arbitration process by delivering a written request for arbitration to Company. Arbitration will be conducted by the AAA in Orange County, California. If you and Company cannot agree to an arbitrator, then from an odd-numbered list of experienced employment law arbitrators provided by AAA, each party shall strike one arbitrator from the list alternatively until only one arbitrator remains.

E. Each party will have the right to conduct reasonable discovery, as determined by the arbitrator and as provided by the

rules of civil procedure in your state.

F. Each party will bear its own costs of arbitration except that the Company will pay the arbitrator’s fees and costs, the costs of the hearing and, to the extent applicable state or Federal law so requires, all other costs unique to arbitration for the particular controversy or claim which is the subject of the arbitration proceeding.

G. Employee acknowledges that he/she has been advised to and has had the opportunity to consult with his/her own legal counsel regarding the consequences of this Agreement prior to signing it. Employee understands that by signing this Agreement, he/she gives up his/her right to a civil trial and his/her right to a trial by jury.

H. This Agreement contains the entire agreement and understanding concerning the subject matter between the parties with respect to any of the subject matter hereof, and supersedes and replaces all prior and contemporaneous negotiations, proposed agreements or agreements, whether written or oral. If any of the provisions, or part of the provision, of this Agreement are found null, void or inoperative, for any reason, the remaining provision, or part of the provision, will remain in full force and effect to the fullest extent permitted by law. This Agreement may only be modified for the Company by a written agreement signed by a majority of the owners of the Company.

I. Additionally, you agree that all disputes subject to arbitration must be arbitrated as individual claims. You specifically agree not to arbitrate any dispute on a class basis or as a collective action or representative action, and the arbitrator shall have no authority or jurisdiction to enter an award or otherwise provide relief on a class, collective or representative basis. You and Company specifically retain a right to appeal in a court of competent jurisdiction any determination or award of an arbitrator made in contravention of this section, including without limitation, a determination (i) that a claim may proceed as a class, collective, or representative action; or (ii) that awards relief on a class, collective, or representative basis. In such appeal, the standard of review to be applied to the arbitrator’s decision shall be the same as that applied by an appellate court reviewing a decision of a trial court sitting without a jury.

Employee Name (please print)

Employee Signature

College Works Painting

Date Original to employee file. Copy to employee.


EMPLOYEE HANDBOOK ACKNOWLEDGMENT

I received, have access too, and/or have had an opportunity to review and request a copy of College Works Paintng employee handbook, and I understand that I am responsible for reading the personnel policies and practices described within it. This handbook replaces any and all prior handbooks, policies and practices of College Works Painting. I agree to discuss with my supervisor or Human Resources any section of this handbook which I do not understand within ten (10) days of executing this acknowledgment.

I agree to abide by the policies and procedures contained therein. I understand that the policies and benefits contained in this employee handbook (other than the policy of at will employment) may be added to, deleted or changed by College Works Painting at any time. X X EMPLOYEE PRINT NAME SIGNATURE DATE

Original to employee file. Copy to employee.


RECEIPT OF EMPLOYEE SAFETY INSTRUCTIONS

I HAVE RECEIVED AND UNDERSTAND THAT I AM RESPONSIBLE FOR READING THE SAFETY INSTRUCTIONS INCLUDED IN THE EMPLOYEE HANDBOOK IN FULL. I WILL ENSURE THAT I UNDERSTAND AND COMPREHEND THESE INSTRUCTIONS IN THEIR ENTIRETY. I WILL FOLLOW ALL THE MENTIONED PROCEDURES.

Print Employee Name:

Sign Employee Name:

Date Signed:

Original to employee file. Copy to employee.

Handbook - CWP - Final · 2018-11-15 · Because we comply with all applicable United States...

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Transcript of Handbook - CWP - Final · 2018-11-15 · Because we comply with all applicable United States...