2025 Employee Handbook Final - Phoenix Plant Version
EMPLOYEE HANDBOOK
Issued 2025
WELCOME
For those of you who are starting employment with us, let us extend a warm and sincere welcome We hope you will enjoy working here. For those of you who have been with us over the years, “thank you” for your hard work
We prepared this Handbook, including any applicable state supplement, to assist you in finding answers to many of the most frequently asked questions regarding personnel policies, compensation, and benefits. Of course, feel free to ask your manager any questions regarding your employment.
The contents of this Handbook are guidelines only and supersede any prior Handbook. DunnEdwards (‘the Company’) has the right, with or without notice, in an individual case or generally, to change and/or modify its interpretation of any of its guidelines, policies, practices, working conditions, or benefits at any time, unless otherwise restricted by applicable law Nothing in this Handbook should be construed as a promise of specific treatment in any specific situation upon which any employee should rely Additionally, some matters covered by this Handbook, such as benefits, are also described in separate official documents, and such official documents are always controlling over any statement made in this Handbook or by any supervisor or manager.
NEITHER THIS HANDBOOK NOR ANY OTHER COMPANY GUIDELINES, POLICIES, OR PRACTICES CREATES AN EMPLOYMENT CONTRACT, BARGAIN, OR AGREEMENT OR CONFERS ANY CONTRACTUAL RIGHTS WHATSOEVER. EMPLOYMENT WITH THE COMPANY IS AT-WILL, AND EITHER THE EMPLOYEE OR THE COMPANY MAY TERMINATE EMPLOYMENT AT ANY TIME, WITH OR WITHOUT CAUSE, REASON OR NOTICE. NO REPRESENTATIVE OF THE COMPANY IS AUTHORIZED TO PROVIDE ANY EMPLOYEE, INDIVIDUALLY OR ON A COLLECTIVE BASIS, WITH AN EMPLOYMENT CONTRACT OR SPECIAL ARRANGEMENT CONCERNING THE TERMS OR CONDITIONS OF EMPLOYMENT UNLESS THE CONTRACT OR AGREEMENT IS IN WRITING AND SIGNED BY THE PRESIDENT AND CEO.
This notice applies to all employees regardless of date of hire.
WORKPLACE PRINCIPLES
EQUAL EMPLOYMENT OPPORTUNITY
We respect diversity and accordingly are an equal opportunity employer that does not discriminate on the basis of actual or perceived race, color, creed, religion, national origin, ancestry, citizenship status, age, sex or gender (including pregnancy, childbirth, related medical conditions and lactation), gender identity or gender expression (including transgender status), sexual orientation, marital status, military service and veteran status, disability, protected medical condition as defined by applicable state or local law, genetic information, or any other characteristic protected by applicable federal, state, or local laws and ordinances. Our management team is dedicated to ensuring the fulfillment of this policy with respect to recruitment, hiring, placement, promotion, transfer, training, compensation, benefits, employee activities, access to facilities and programs, and general treatment during employment.
We will endeavor to make a reasonable accommodation to applicants and employees who have requested an accommodation or for who the Company has notice may require such an accommodation, without regard to any protected classifications, related to an individual’s: (i) disability, meaning any physical, medical, mental, or psychological impairment, or a history or record of such impairment; (ii) sincerely held religious beliefs and practices; (iii) needs as a victim of domestic violence, sex offenses or stalking; (iv) needs related to pregnancy, childbirth or related medical conditions; and/or (v) any other reason required by applicable law, unless the accommodation would impose an undue hardship on the operation of our business. Any individual who would like to request an accommodation should contact HumanResources@DunnEdwards.com
Employees with questions or concerns about equal employment opportunities in the workplace are encouraged to bring these issues to the attention of HumanResources@DunnEdwards.com Reports of discrimination should be made in accordance with the Reporting Procedures set forth in the Discrimination, Harassment & Retaliation Prevention policy as well as any procedures set forth in any applicable state supplement. We will not allow any form of retaliation against employees who raise concerns of equal employment opportunities in the workplace
LACTATION ACCOMMODATION
The Company will provide a reasonable amount of break time to accommodate an employee desiring to express breast milk for the employee’s child, to the extent required by and in accordance with applicable law If possible and permitted by applicable law, the break time must run concurrently with rest and meal periods already provided to the employee. Break time that does not run concurrently with rest and meal periods already provided to the employee will be unpaid, to the extent permitted by applicable law
The Company will make reasonable efforts to provide an employee with use of a room or location in close proximity to the employee’s work area, other than a bathroom, for the employee to express milk in private This room or location may be the employee’s private office, if applicable
Employees will not be discriminated against or retaliated against for exercising their rights under this policy. Employees can contact HumanResources@DunnEdwards.com with questions regarding this policy.
Dunn-Edwards does not tolerate and prohibits discrimination or harassment of or against our job applicants, contractors, interns, volunteers, or employees by another employee, supervisor, vendor, customer, or any third party on the basis of actual or perceived race, color, creed, religion, national origin, ancestry, citizenship status, age, sex or gender (including pregnancy, childbirth, related medical conditions and lactation), gender identity or gender expression (including transgender status), sexual orientation, marital status, military service and veteran status, disability, protected medical condition as defined by applicable state or local law, genetic information, or any other characteristic protected by applicable federal, state, or local laws and ordinances (referred to as “protected characteristics”). The Company also prohibits retaliation as defined below.
Dunn-Edwards is committed to a workplace free of discrimination, harassment and retaliation. These behaviors are unacceptable in the workplace and in any work-related settings such as remote work settings, business trips and Company sponsored social functions, regardless of whether the conduct is engaged in by a supervisor, co-worker, client, customer, vendor or other third party. In addition to being a violation of this policy, discrimination, harassment or retaliation based on any protected characteristic as defined by applicable federal, state, or local laws and ordinances also is unlawful. For example, sexual harassment and retaliation against an individual because the individual filed a complaint of sexual harassment or because an individual aided, assisted or testified in an investigation or proceeding involving a complaint of sexual harassment as defined by applicable federal, state, or local laws and ordinances are unlawful.
Discrimination Defined. Discrimination under this policy generally means treating differently or denying or granting a benefit to an individual because of the individual’s actual or perceived protected characteristic.
Harassment Defined. Harassment generally is defined in this policy as unwelcome verbal, visual or physical conduct that denigrates or shows hostility or aversion towards an individual based on or because of any actual or perceived protected characteristic or has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile or offensive working environment.
Harassment can be verbal (including slurs, jokes, insults, epithets, gestures or teasing), visual (including offensive posters, symbols, cartoons, drawings, computer displays, text messages, social media posts or e-mails) or physical conduct (including physically threatening another, blocking someone’s way, etc.). Such conduct violates this policy, even if it does not rise to the level of a violation of applicable federal, state, or local laws and ordinances. Because it is difficult to define unlawful harassment, employees are expected to behave at all times in a manner consistent with the intended purpose of this policy.
Sexual Harassment Defined. Sexual harassment includes harassment on the basis of sex or gender (including pregnancy, childbirth, related medical conditions and lactation), gender identity
or gender expression (including transgender status), and/or sexual orientation. Sexual harassment includes unwelcome conduct, such as unwelcome or unsolicited sexual advances, requests for sexual favors, and other verbal, visual or physical conduct of a sexual nature or which is directed at an individual because of that individuals’ sex or gender (including pregnancy, childbirth, related medical conditions and lactation), gender identity or gender expression (including transgender status), and/or sexual orientation when:
• Submission to that conduct or those advances or requests is made either explicitly or implicitly a term or condition of an individual's employment; or
• Submission to or rejection of the conduct or advances or requests by an individual is used as the basis for employment decisions affecting the individual; or
• The conduct or advances or requests have the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working environment.
Examples of conduct that violates this policy include:
• unwelcome flirtations, leering, whistling, touching, pinching, assault, brushing up against someone’s body, blocking normal movement
• requests for sexual favors or demands for sexual favors in exchange for favorable treatment
• obscene or vulgar gestures, posters, or comments
• sexual jokes or comments about a person’s body, sexual prowess, or sexual deficiencies
• propositions, or suggestive or insulting comments of a sexual nature
• derogatory cartoons, posters, and drawings
• sexually explicit e-mails or voicemails
• uninvited touching of a sexual nature
• unwelcome sexually related comments
• comments, inquiries, or gossip about one’s own or someone else’s sex life or sexual activities
• conduct or comments consistently targeted at only one gender, even if the content is not sexual
• teasing or other conduct directed toward a person because of the person’s gender
Retaliation Defined. Retaliation means adverse conduct taken because an individual reported an actual or perceived violation of this policy, opposed practices prohibited by this policy, or participated in the reporting and investigation of discrimination, harassment or retaliation. “Adverse conduct” includes but is not limited to: any action that would discourage or keep an individual from reporting discrimination, harassment or retaliation; shunning and avoiding an individual who reports discrimination, harassment or retaliation; express or implied threats or intimidation intended to prevent an individual from reporting discrimination, harassment or retaliation; and denying employment benefits because an applicant or employee reported discrimination, harassment or retaliation or participated in the reporting and investigation of discrimination, harassment or retaliation.
Reporting Procedures. The following steps have been put into place to ensure the work environment at the Company is free of discrimination, harassment and retaliation. If an employee believes someone has violated this policy, the employee should promptly bring the matter to the immediate attention of their manager or Employee Relations Manager, Danny Aguirre at
Danny.Aguirre@DunnEdwards.com. If either of these individuals is the person toward whom the complaint is directed you should contact any higher-level manager in your reporting chain. If the employee makes a complaint under this policy and has not received an initial response within five (5) business days, the employee should contact Vice President, Human Resources, Dave Caffroy at Dave.Caffroy@DunnEdwards.com immediately.
Every supervisor or manager who learns of any employee’s concern about conduct in violation of this policy, whether in a formal complaint or informally, or who otherwise is aware of conduct in violation of this policy must immediately report the issues raised or conduct to Employee Relations Manager, Danny Aguirre at Danny.Aguirre@DunnEdwards.com or senior management (their department’s Vice President).
Investigation Procedures. Upon receiving a complaint, the Company will promptly conduct a fair and thorough investigation into the facts and circumstances of any claim of a violation of this policy that is fair for all parties. To the extent possible, the Company will endeavor to keep the reporting employee’s concerns confidential. However, complete confidentiality may not be possible in all circumstances. Employees are required to cooperate in all investigations conducted pursuant to this policy.
During the investigation, the Company generally will interview the complainant and the accused, conduct further interviews as necessary and review any relevant documents or other information. Those receiving claims and leading investigations will handle complaints and questions with sensitivity toward those participating.
Upon completion of the investigation, the Company will determine whether this policy has been violated based upon its reasonable evaluation of the information gathered during the investigation. The Company will inform the complainant and the accused of the results of the investigation.
In the event the Company determines that a violation of this policy has occurred, the Company will take steps to ensure a safe work environment for the individuals who experienced the complained-of conduct. The Company will take corrective measures against any person who it finds to have engaged in conduct in violation of this policy, if the Company determines such measures are necessary. These measures may include, but are not limited to, counseling, suspension, or immediate termination. Anyone, regardless of position or title, whom the Company determines has engaged in conduct that violates this policy will be subject to discipline, up to and including termination. This includes individuals engaging in discrimination, harassment or retaliation, as well as supervisors or managers who fail to report violations of this policy, or knowingly allow prohibited conduct to continue. Individuals who engage in conduct that rises to the level of a violation of law can be held personally liable for such conduct.
Remember, we cannot remedy claimed discrimination, harassment or retaliation unless you bring these claims to the attention of management. Please report any conduct which you believe violates this policy.
WORKING AT THE COMPANY
EMPLOYMENT CLASSIFICATIONS
All employees fall within one of the following classifications:
• Full-time Employees who regularly work at least 30 hours per week.
• Part-Time. Employees who regularly work less than 30 hours per week or on an irregular basis as needed.
• Temporary. Employees who are either hired for a specific purpose or time period, which generally does not exceed 6 months A temporary employee may work a full-time or parttime schedule.
In addition to the above classifications, all employees are categorized as either “exempt” or “nonexempt.” Pursuant to federal and state wage & hour laws, exempt employees do not receive overtime pay Employees classified as exempt generally receive a salary which is intended to cover all hours worked including any hours worked in excess of 40 in a workweek or overtime as otherwise defined by applicable state law
Employees are informed of their initial employment classification and status as exempt or nonexempt upon commencing employment If an employee changes position during the employee’s employment as a result of a promotion, transfer or otherwise, management will inform the employee of any change in the employee’s job classification.
PERSONNEL FILES
Personal information such as an employee’s address and telephone number is contained in a confidential personnel file maintained for each employee. Employees will be provided with access to and copies of personnel files to the extent required and in accordance with applicable state law. Questions regarding access/copies should be directed to Human Resources.
Employees should keep their personnel file up to date by updating their personal information such as name, address, emergency contact information and marital status/dependent information (to the extent it impacts benefits or tax withholdings) in the company’s HRIS (Human Resources Information System), currently UKG. Employees should also update their personal information in the company’s HRIS system to reflect any specialized job-related training or skills acquired in the future. Inaccurate personal information can affect withholding tax and benefit coverage. Further, an “out of date” emergency contact or an inability to reach an employee in a crisis may be extremely problematic.
LEAVING THE COMPANY
When an employee leaves the Company, we ask that the employee’s manager be notified at least two (2) weeks prior to the employee’s departure. We appreciate employees’ thoughtfulness in this matter All Company property and equipment must be returned, without copying or reproducing, at the time of separation or as otherwise requested by management.
SAFETY, HEALTH & SECURITY
SUBSTANCE ABUSE
To help ensure a safe, healthy, and productive work environment for our employees and others, protect Company property, and ensure efficient operations, Dunn-Edwards has adopted a policy of maintaining a workplace free of drugs and alcohol The unlawful or unauthorized use, abuse, solicitation, theft, possession, transfer, purchase, sale, or distribution of controlled substances, drug paraphernalia, or alcohol by an individual anywhere on Company premises, while on Company business (whether or not on Company premises), while driving a Company vehicle or driving a personal vehicle for Company business, or while representing the Company, is strictly prohibited Employees also are prohibited from reporting to work or working while they are using or under the influence of alcohol, any drugs as well as any controlled substances which may impact an employee’s ability to perform the employee’s job or otherwise pose safety concerns.
This policy does not apply to prescription or over-the-counter medications taken by employees in safety-sensitive positions which: (1) have been lawfully prescribed to, or obtained by, the employee; (2) are being used by the employee in accordance with the prescription’s guidelines (if applicable); and (3) before reporting to work under the influence of such medication, the employee has inquired whether the drug manufacturer or the employee's physician warns against driving, operating machinery or performing other work-related safety-sensitive tasks. If such warnings exist, the employee taking the medication must inform their supervisor or Human Resources of such restrictions before reporting to work under the influence of such substances. When informing the employee’s supervisor(s) or Human Resources of such restrictions, the employee should not identify the medication(s) being used or the reason for its use. The Company will evaluate and respond to this information on a case-by-case basis. Responses may include, among other things, temporary job reassignment or modifications, a request for additional medical documentation and consultation, and/or an instruction that the employee not work until the restriction is removed.
Any employee reporting to work in a safety-sensitive position without first advising the Company about warnings accompanying lawfully prescribed or obtained medications will be subject to disciplinary action up to and including possible termination of employment. An employee's lack of knowledge concerning such warnings will not excuse a violation of this rule where an employee has failed to make the inquiries required by this rule.
However, to the extent permitted by and in accordance with applicable law, this exception does not extend any right to report to work or perform work under the influence of medical marijuana or to treat the lawful use of medical marijuana as a defense to a policy violation or a positive drug test, to the extent you are subject to any drug testing requirement.
To further support the goals of this policy and ensure a safe and compliant workplace, the Company reserves the right to conduct drug and alcohol testing in accordance with, and to the maximum extent permitted by, applicable federal, state, and local laws. Testing may be conducted under various circumstances, including but not limited to, where there is reasonable suspicion that
an employee is under the influence of drugs or alcohol, following workplace accidents or safety incidents, and as otherwise permitted by law. Drug and alcohol testing may apply to both applicants and employees, and the scope and procedures of such testing may vary based on position, location, and applicable legal requirements.
Additional details regarding the Company’s drug and alcohol testing practices are set forth in a separate standalone Drug Testing Policies, which apply to both Department of Transportation (DOT) and non-DOT employees, as applicable
Notwithstanding the general prohibitions above, reasonable and responsible consumption of alcohol may be permitted at certain company-sponsored events and functions.
Violation of this policy may result in disciplinary action, up to and including discharge.
The Company maintains a policy of non-discrimination and will endeavor to make reasonable accommodations to assist employees recovering from substance and alcohol dependencies, and those who have a medical history that reflects treatment for substance abuse conditions However, employees may not request an accommodation to avoid discipline for a policy violation.
SMOKING AND TOBACCO USE
Dunn-Edwards desires a smoke-free / tobacco-free work environment and therefore forbids all smoking and chewing tobacco – including smoking of e-cigarettes and vaporizers – in the interiors of all of its facilities, in any company owned or leased vehicles, and in areas where equipment or safety is compromised or where there are no smoking ordinances.
For employees who smoke or use chewing tobacco: they should check with their supervisors to identify appropriate smoking areas near their work facilities.
Compliance with this policy is mandatory for all employees and persons visiting the Company, with no exceptions. Employees who violate this policy may be subject to disciplinary action. Any disputes involving smoking or tobacco use and any employees with questions should discuss their issues/concerns with their immediate manager Employees will not be subject to retaliation for reporting violations of this policy in good faith.
WORKPLACE VIOLENCE
We are strongly committed to providing a safe workplace. The purpose of this policy is to minimize the risk of personal injury to employees and visitors and damage to Company and personal property.
Threats, threatening language or any other acts of aggression or violence made toward or by any Dunn-Edwards employee will not be tolerated For purposes of this policy, a threat includes any verbal or physical harassment or abuse, any attempt at intimidating or instilling fear in others, menacing gestures, flashing of weapons, stalking or any other hostile, aggressive, injurious, and/or destructive action undertaken for the purpose of domination or intimidation
Weapons are prohibited on Company premises and in Company vehicles unless such prohibition is restricted by applicable law.
Employees should immediately report all potentially dangerous situations, including threats by coworkers, to any member of management with whom they feel comfortable Reports may be maintained confidential to the extent maintaining confidentiality does not impede our ability to investigate and respond to the complaints All reports will be promptly investigated No employee will be subjected to retaliation, intimidation, or disciplinary action as a result of reporting in good faith under this policy.
If an investigation confirms that a violation of this policy has occurred, the Company will take swift and appropriate corrective action.
Employees threatened by an outside party should follow the steps detailed in this section It is important for us to be aware of any potential danger on our premises. Indeed, we want to take effective measures to protect everyone from the threat of a violent act by an employee or by anyone else.
Questions about this policy should be directed to management.
VISITORS
For safety and security reasons, employees are prohibited from having guests visit or accompany them anywhere in our facilities other than the reception and retail sales areas. Additionally, all visitors must be escorted on Company premises and may not be provided access to areas where machinery is in operation or confidential information, or processes are housed. Admittance to the LA Office, Phoenix Factory and Store sites is by appointment only and must be coordinated with the appropriate management.
INSPECTIONS
Dunn-Edwards reserves the right to require employees on either Company property or on a client’s property to agree to the inspection of their person, personal possessions, property, a personal vehicle parked on Company or client property, and work areas, to the maximum extent permitted by applicable law. This includes lockers, vehicles, desks, cabinets, workstations, packages, handbags, briefcases, and other personal possessions or places of concealment, as well as personal mail sent to the Company or to its clients. Searches of Company facilities and property, including Company property in the possession of the employee, may be conducted at any time and do not have to be based upon reason to believe Company policy is being violated. Employees are expected to cooperate in the conduct of any search or inspection. Employees should have no expectation of privacy in any personal items brought into the workplace or in any Company work area or property used by the employee, whether or not locked with an employee or Company lock.
GENERAL POLICIES & PROCEDURES
RULES OF CONDUCT
Dunn-Edwards endeavors to maintain a positive work environment. Each employee plays a role in fostering this environment Accordingly, we all must abide by certain rules of conduct, based on common sense and fair play.
Because everyone may not have the same idea about proper workplace conduct, it is necessary to adopt and enforce rules all can follow. The following are examples of some but not all conduct which may subject the offender to disciplinary action, up to and including discharge, in the Company’s sole discretion:
• Obtaining employment on the basis of false information
• Stealing, removing or defacing Company, client or co-workers’ property
• Violation of the Discrimination, Harassment & Retaliation Prevention Policy
• Violation of the Substance Abuse Policy
• Violation of the Workplace Violence Policy
• Violation of the Confidential Information and/or Conflict of Interest Policies
• Violation of the Attendance Policy
• Insubordination to a lawful management directive
• Gambling on Company property
• Willful or careless destruction or damage to Company assets or to the equipment or possessions of another employee
• Willful or grossly negligent acts
• Wasting work materials
• Performing work of a personal nature during working time
• Unsatisfactory job performance
• Any other violation of Company policy
Obviously, not every type of misconduct can be listed. The Company reserves the right to impose discipline up to and including immediate discharge, whenever management deems it appropriate to do so.
The observance of these rules will help to ensure that our workplace remains a safe and desirable place to work.
ATTENDANCE
Each of our employees at Dunn-Edwards performs an important function. As with any group effort, operating effectively takes cooperation and commitment from everyone Therefore, attendance and punctuality are especially important. Unnecessary absences, lateness and/or early departures are expensive, disruptive, and place an unfair burden on other employees and supervisors. We expect excellent attendance from all employees. Excessive absenteeism, tardiness and/or early departures may result in disciplinary action, up to and including discharge. We expect each member of our team to avoid these problems whenever possible.
Definitions
Excused Absences & Tardies
Excused absences or tardies include a prior approved leave of absence, worker’s compensation, jury duty, military leave, bereavement leave, Pregnancy Disability Leave (PDL), Family Medical Leave Act (FMLA) leave, pre-approved vacation, protected sick time, or any other applicable local regulation, or leave pursuant to a state or federal law excusing an employee’s absence(s) from work. Excused Absences and Excused Tardies will not incur occurrences under this policy where the associate completes required paperwork and obtains approvals in accordance with Company rules, policies and procedures.
Unexcused Absence
Unexcused absences include any time absent from work, for more than four hours of a scheduled shift, that is not covered by an applicable local, state or federal law, and/or not approved by a supervisor as an excused absence. If an absence is unexcused, the employee will incur occurrence(s) as outlined in this policy.
Unexcused Tardy
A tardy is when the employee is (1) not at the work area ready for work at the scheduled start time, (2) not returned from break or meal period or split shift on time, or (3) not clocked in at the beginning of a scheduled shift or split shift. If a tardy is unexcused, the employee will be issued occurrence(s) as outlined in this policy.
Occurrence
An occurrence will be issued to the employee for any one day of unexcused absence or one unexcused tardy.
Attendance Policy Procedure
1. If an employee is not able to work a regular scheduled shift due to an unforeseen situation and must use available sick time, the employee is expected to call in at least 30 minutes prior to the scheduled shift start time. Failure to call in at least 30 minutes in advance can lead to discipline up to and including termination of employment. If an employee does not have enough hours of paid sick leave to cover the entire missed shift, and the absence is not otherwise protected, the absence will be deemed an unexcused absence.
2. Any no call/no show initiates progressive discipline. If an employee is a no call/no show for three (3) workdays within a rolling 12-month period they will be subject to termination after the third occurrence. In the event an employee is a no call/no show for three (3) consecutive workdays, he/she will be terminated for job abandonment.
3. If the need for available sick time is foreseeable, employees are expected to provide 24 hours advance notification, verbally or in writing.
4. Employees may use vacation time (if available) in full hour increments when sick time is not available. Use of vacation pay in this scenario does not eliminate the Unexcused Absence or Tardy or the occurrence; the occurrence would still count against the employee even if paid using vacation pay.
5. Excessive absenteeism will typically be addressed through progressive counseling. The progressive counseling steps in this policy are NOT guaranteed, and some steps may be bypassed or delayed due to the specific circumstances of each situation. Discipline for excessive absenteeism prior to the effective date of this policy may be considered in issuing occurrences under this policy.
6. The first 90 days of employment is considered a probationary period to meet performance and attendance expectations. Employees who have worked for less than 90 days with the Company will move directly to a Final Written Reprimand for any Unexcused Absence, and move directly to a Written Reprimand for any Unexcused Tardy. If there are no additional occurrences through the end of their 90-day period, the discipline reverts to a Written Warning.
7. A doctor’s note or other similar documentation will be required for an absence of more than three consecutive days related to an unplanned personal or family member illness. A copy of the note must be sent to HR; the manager must shred any copy provided.
8. An employee may request, in advance, a full or partial workday off in advance for the purpose of attending a doctor or dental appointment. If the request is approved by management, it is not counted as an occurrence under this policy even if sick pay is not available or used. Employees are strongly encouraged to schedule their sick pay for known events such as doctor and dentist appointments in advance.
9. Employees are encouraged to bank enough sick pay or vacation for emergencies, and unforeseen events.
10. If an employee is issued a Final Written Reprimand for both Unexcused Absences and Unexcused Tardies within any 12-month rolling period, it will result in immediate termination, regardless of the final number of unexcused absences and/or tardies.
Phoenix Plant Disciplinary Action Process
Unexcused Absences/Occurrences – Rolling 12-Month Period
First Occurrence
Second Occurrence
Third Occurrence
Fourth Occurrence
Unexcused Tardies – Rolling 6-Month Period
First Occurrence
Second Occurrence
Third Occurrence
Fourth Occurrence
Step 1 – Written Warning
Step 2 – Written Reprimand
Step 3 – Final Written Reprimand
Step 4 – Termination of Employment
Step 1 – Written Warning
Step 2 – Written Reprimand
Step 3 – Final Written Reprimand
Step 4 – Termination of Employment
In evaluating employee attendance and otherwise administering this policy, the Company does not consider absences/tardiness/early departures protected by applicable federal, state, or local law.
DRESS CODE & APPEARANCE
Each employee is a representative of Dunn-Edwards, whether or not their job places them in direct customer contact. Employee dress must be neat and clean in appearance. Specific dress codes for each of our working environments (Stores, Sales, Manufacturing & Distribution and Office) are provided to employees at the time of hire and can also be found on the Dunn-Edwards Intranet.
Employees who are required to wear personal protective gear or other safety gear must adhere to applicable guidelines at all times. All employees are also expected to groom themselves in accordance with generally accepted social and business standards Overall, a neat and tasteful appearance contributes to the positive impression made on clients, supervisors and other employees.
Employees are expected to exert a certain amount of judgment in their choice of clothing to wear to work Any employee with a specific question about whether a specific item of clothing is acceptable attire for work can contact their immediate manager for clarification.
For those employees working remotely, the standards set forth in this policy apply equally when working from home to the extent employees may participate in video conferencing.
Nothing in this policy or any related guideline is intended to discriminate against an employee’s sincerely held religious beliefs or practices, disability, race or any other basis protected by applicable law. Employees who may need an accommodation based on a sincerely held religious belief or practice, disability, race or any other basis protected by applicable law can contact Human.Resources@DunnEdwards.com.
If an employee’s appearance fails to meet the standards outlined above, as determined in the Company’s sole discretion, the employee may be sent home (without pay, if applicable and permitted by applicable law) Further violation of this policy may result in disciplinary action, up to and including discharge.
EMPLOYMENT OF RELATIVES
Employees’ relatives as defined below will not be eligible for employment with Dunn-Edwards where the Company, in its sole discretion, believes that potential problems of supervision, security, morale or conflicts of interest exist.
If two employees get married, cohabitate or become related and any one of the potential problems noted above exists, only one of the employees will be permitted to stay with the Company unless reasonable accommodations (such as transfers) can be made to eliminate potential problems. The decision as to which relative will remain with the Company must be made by the two employees within 30 calendar days of the triggering events. If no decision has been made during this time, the Company will decide the appropriate action to be taken, which may include transfer or termination of one or both employees.
Further, two employees who get married or cohabitate will be permitted to continue to work for the Company only if they do not work in a direct supervisory relationship with one another. “Direct supervisory line” is defined as where an employee’s immediate or second-line supervisor is in the same chain of command and is a “relative,” as defined below.
Managers of current employees who are in a direct supervisory relationship with a relative are required to immediately identify another appropriate manager to supervise and evaluate the employee in question and to contact Human Resources to arrange for appropriate changes or transfers to be made.
“Relatives” are defined to include fathers, mothers, children, sisters, brothers, spouses, in-laws, and step-relationships and registered domestic partners or children of registered domestic partners. Please contact Human Resources if you have questions about any of these classifications.
Exceptions to this policy may be granted on a case-by-case basis by the President. Where exceptions are made it is important that both or all related employees understand that promotion and/or transfer opportunities of either or both or all related employees may be hindered where the Company, in its sole discretion, believes these actions may lead to potential problems of supervision, security, morale or conflicts of interest.
PERSONAL TELEPHONE CALLS
Disruptions during working hours can lead to errors and delays Therefore, we ask that personal telephone calls be kept to a minimum, and only be made or received after working time, or during meal or break times.
COMMUNICATION & COMPUTER SYSTEMS
Dunn-Edwards’ communication and computer systems are the property of the Company intended for business purposes. This includes, but is not limited to, computers, related hardware, software and networks as well as telephone, voice mail, e-mail and Internet systems Any personal use must not interfere with performance or operations, must not result in added expenses to the Company and must not violate any Company policy or applicable law. Users have no legitimate expectation of privacy in regard to system usage.
Any and all telephone conversations or transmissions, e-mail or transmissions, or internet access or usage by an employee by any Company electronic device or system, including but not limited to the use of a computer, telephone, fax machine, scanner, copier, etc. may be subject to monitoring at any and all times and by any lawful means. To that end, the Company may access its communication and computer systems and obtain the communications and information within or transmitted through the systems, including past voice mail and e-mail messages, without notice to users of the system, in the ordinary course of business when the Company deems it appropriate to do so Further, the Company may review Internet usage The reasons for which the Company may obtain such access include but are not limited to maintaining the systems; preventing or investigating allegations of system abuse or misuse; assuring compliance with software copyright
laws; complying with legal and regulatory requests for information; and ensuring that Company operations continue appropriately during an employee’s absence.
The Company may store electronic communications for a period of time after the communication is created From time to time, copies of communications may be deleted.
The Company’s policies including, but not limited to, those prohibiting harassment, in their entirety, apply to the use of the Company’s communication and computer systems. Additionally, employees may not use the Company’s communication and computer systems in violation of any law including, but not limited to, those related to copyrights and software piracy.
All employees, upon request, must inform management of any private access codes or passwords related to use of the Company’s communication and computer systems.
No employee may access, or attempt to obtain access to, another employee's communication or computer systems without appropriate authorization.
Employees may not install, duplicate, or remove software on the Company’s computer systems without prior management approval Personal computers and other electronic devices (cell phones, flash or thumb drives, etc.) may not be connected directly to the Company’s computer systems without prior management approval
Employees are prohibited from using personal e-mail accounts or text messaging applications to conduct Company business. Employees may not forward Company emails or data to a personal email address or to a cloud-based storage system (such as DropBox, OneDrive, Google Drive, etc.) created by the employee for personal use Employees may not use any third-party email or instant messaging accounts or services (such as Gmail, AOL, Yahoo, etc.) for business purposes or any purpose on the Company’s computer systems that are not ordinarily used in the performance of their job duties.
Violation of this policy may result in disciplinary action, up to and including discharge.
SOCIAL MEDIA
Dunn-Edwards respects the right of any employee to maintain a blog or website or to participate in social networking on or through websites or services such as X/Twitter, Facebook, Threads, LinkedIn, YouTube, Instagram, TikTok, Snapchat or similar sites/services (collectively “social media”). However, to protect the Company’s interests and ensure employees focus on their job duties, employees must adhere to the following rules:
• Employees may not use social media during working time, unless specifically authorized to do so as part of their job duties.
• All rules regarding confidential and proprietary business information apply in full to social media. Any information that cannot be disclosed through a conversation, a note or an email also cannot be disclosed through social media.
• When using social media, if an employee expresses either a political opinion or an opinion regarding the Company’s actions and also identifies oneself as an employee of the Company (or if it can be inferred that the employee is an employee of the Company), the
poster must specifically state that the opinion expressed is the employee’s personal opinion and not the Company’s position. This is necessary to preserve the Company’s goodwill in the marketplace.
• Be respectful of potential readers. Please do not use discriminatory comments or make maliciously false statements when commenting about the Company, superiors, co-workers, or our competitors.
• Employees may not use the Company’s logos or trademarks for commercial purposes or to endorse any product or service.
• Employees may not make any statement or post any comment or other material endorsing, recommending, or promoting any of the Company’s (or any affiliated company’s) products or services without disclosing the nature of the employee’s relationship with the Company.
• Any conduct which is impermissible under the law if expressed in any other form or forum is impermissible if expressed through social media For example, posted material that is discriminatory, obscene, defamatory, libelous, or threatening is forbidden.
All other Company policies apply equally to social media Employees should review this Handbook for further guidance.
Dunn-Edwards encourages all employees to keep in mind the speed and manner in which information posted through social media can be distributed (and often misunderstood) by readers Employees must use their best judgment. Employees with any questions should review the guidelines above and/or consult with their manager or Human Resources. When in doubt, do not post! Failure to follow these guidelines may result in discipline, up to and including termination In enforcing this policy, the Company reserves the right to monitor social media activities of employees, whether or not such activities are conducted with Company resources, to the extent permitted by and in accordance with applicable law.
Nothing in this policy is designed to interfere with, restrain, or prevent employee communications regarding wages, hours, or other terms and conditions of employment.
SOLICITATION & DISTRIBUTION
To avoid distractions, solicitation by an employee of another employee is prohibited while either the person doing the soliciting or the person being solicited is on working time
Distribution of advertising material, handbills, printed or written literature of any kind during working time or in working areas of the Company is prohibited.
Working time includes the time during which any of the employees involved are actually scheduled to work, but does not include scheduled rest periods, meal breaks and other specified times when employees are not expected to be working.
Employees are also prohibited from engaging in solicitation and distribution to customers during working time or in working areas of the Company
Solicitation and/or distribution by non-employees on Company premises is prohibited at all times, with the exception of painting contractors, whose professionally printed business cards may be posted on store bulletin boards.
CONFLICTS OF INTEREST
Employees may not use their position, influence, knowledge of confidential information, including trade secrets, or the Company’s assets for personal commercial gain, for the benefit of any competing company or organization, or for the benefit of any other third party except as may be required in performance of their duties as employees of the Company. Further, employees shall not maintain an outside business or financial interest, or engage in any outside business or financial activity, which conflicts with the interests of the Company, or which interferes with the employee's ability to fully perform the employee’s job responsibilities, unless such prohibition is restricted by applicable law.
Violation of this policy may result in disciplinary action, up to and including discharge.
CONFIDENTIAL INFORMATION
Employees may learn confidential information, including trade secrets, about the Company. Confidential information are items of information relating to the Company, its services, products, clients/customers, suppliers, vendors, and business partners that are not generally known or available to the general public, but have been developed, compiled or acquired by the Company at its great effort and expense. Confidential information includes, but is not limited to: business model, methods, operations, strategies, plans for future business, marketing initiatives, revenues, sales records, customer contact information, pricing information, margin information, formulas, business plans, business forecasts/projections, and financial information. Each employee must safeguard confidential Company information. Confidential information may not be disclosed or distributed to any individual or entity or used for the benefit of any individual or entity other than the Company, without the prior written consent of the President and CEO.
Violation of this policy may result in disciplinary action, up to and including discharge.
Employees may be required to sign agreements further detailing these obligations as a condition of employment and/or continued employment with the Company.
WORK HOURS & COMPENSATION
WORK SCHEDULES
Our normal workweek consists of 40 hours in a 5-day workweek. Actual schedules may vary depending upon department, position and location Employees are provided with meal and/or rest periods to the extent required and in accordance with applicable law.
Supervisors will inform employees of their scheduled hours as well as any meal and/or rest periods.
OVERTIME
When operating requirements or other needs cannot be met during regular working hours, employees may be scheduled to work overtime hours. When possible, advance notification of these mandatory assignments will be provided. The opportunity to work overtime is at the discretion of management and is based on departmental needs. Any overtime worked by non-exempt employees must be authorized in advance by management. Any non-exempt employee who works overtime without authorization may be subject to disciplinary action, up to and including termination.
Any non-exempt employee who works overtime is compensated at the rate of one and one-half times (1½) the employee’s regular rate for all time worked in excess of forty (40) hours each workweek, unless otherwise required by applicable law Overtime pay is calculated based on actual hours worked. Paid time off, holidays or any leave of absence will not be considered hours worked for purposes of performing overtime calculations.
RECORDING HOURS WORKED
At Dunn-Edwards, we maintain time records for all non-exempt employees so we will have accurate records of time worked. Non-exempt employees are required to record their time in and begin work no more than 5 minutes before their scheduled starting time Non-exempt employees must record their time in and out for meal periods and record their time out promptly at the end of their shift. Non-exempt employees also should record the beginning and ending time of any split shift or departure from work for personal reasons. Non-exempt employees may never work off the clock. “Off-the-clock” work is time spent by an employee performing work that is not reported to the Company as time worked
Since employee time records are vital for payroll purposes, employees must inform management if they fail or otherwise forget to record their time in or out before or after any working time. Failure to properly record time may result in discipline, up to and including discharge.
PAYROLL
For purposes of payroll, the workweek begins Monday and ends Sunday
Employees are paid bi-weekly on every other Friday for all time worked during the previous twoweek pay period
Direct deposit is available upon an employee’s consent. For those employees who do not elect to be paid via direct deposit or until direct deposit is active, paychecks are distributed to individual employees unless they request that paychecks be mailed to their home address. Employees may also authorize, in writing, that another person has permission to accept their paycheck(s).
Employee payroll stubs itemize deductions made from gross earnings. The Company is required by law to make deductions for Social Security, federal income tax and any other appropriate taxes These required deductions include any court-ordered garnishments. Payroll stubs also itemize any voluntary deductions such as an employee’s portion of health, dental, or life insurance premiums and/or voluntary contributions to a 401(k) or pension plan, to the extent applicable.
Employees who believe there is an error in their pay should bring the matter to the attention of their immediate manager immediately, so that the Company can investigate and resolve the matter quickly and amicably.
SAFE HARBOR POLICY FOR EXEMPT EMPLOYEES
Exempt salaried employees receive a salary that is intended to compensate for all hours worked for the Company. This salary is established at the time of hire. While it may be subject to review and modification from time to time, such as during salary review times, the salary is a predetermined amount that is not subject to deductions for variations in the quantity or quality of work.
Under federal and state law, exempt salaried employees’ salaries are subject to certain deductions. For example, absent contrary state law requirements, exempt salaried employees’ salaries are subject to reduction for the following reasons:
• Full day absences for personal reasons
• Full day absences for sickness or disability
• Full day disciplinary suspensions for infractions of our written policies and procedure
• Family and Medical Leave absences (either full or partial day absences)
• To offset amounts received as payment for jury and witness fees or military pay; or
• The first or last week of employment in the event of less than a full week worked
Exempt salaried employees’ salaries are also subject to reduction for their portion of health, dental, or life insurance premiums; state, federal, or local taxes; social security; or voluntary contributions to a 401(k) or pension plan.
In any workweek in which exempt salaried employees perform any work, their salary is not subject to reduction for any of the following reasons:
• Partial day absences for personal reasons, sickness, or disability
• Absence due to the Company’s decision to close a facility on a scheduled work day
• Absences for jury duty, attendance as a witness, or military leave in any week in which any work is performed
• Any other deductions prohibited by state or federal law
However, subject to applicable state and local laws, it is not an improper deduction to reduce exempt salaried employees’ accrued vacation, personal, or other forms of paid time off banks for full or partial day absences for personal reasons, sickness, or disability.
Employees who believe they have been subject to an improper deduction should report the matter to their manager immediately. If their manager is unavailable or is an inappropriate person to contact, or if a prompt and fully acceptable reply has not been received within five (5) business days, Payroll at Payroll@DunnEdwards.com should be contacted.
Every report of improper deductions will be fully investigated and corrective action, up to and including discharge, will be taken, as appropriate, for any employee(s) who violates this policy. In addition, the Company will not allow any form of retaliation against individuals who report alleged violations of this policy or who cooperate in the Company’s investigation of such reports. Retaliation is unacceptable, and any form of retaliation in violation of this policy may result in disciplinary action, up to and including discharge.
EMPLOYEE BENEFITS
RETIREMENT AND WELFARE BENEFITS OVERVIEW
In addition to good working conditions and competitive pay, it is Dunn-Edwards’ policy to provide a combination of retirement and welfare benefits options to all eligible employees In keeping with this goal, each benefit program has been carefully devised. These benefits include a tax-qualified defined contribution (401(k)) plan and, as of the date of this Handbook, the following welfare plan benefits: medical, dental, vision, life, accidental death & dismemberment, short- and long-term disability, healthcare flexible spending accounts, and a tax-qualified transportation plan. Generally, employees who work an average of 30 hours per week are eligible to participate in the welfare plans, and employees who have attained age 21 are allowed to participate in the 401(k) plan (however, interns and certain categories of employees are excluded from participation), though each plan/benefit may have its own eligibility criteria.
The specific provisions of these plans, including eligibility and benefits provisions, are summarized in each plan’s summary plan description (“SPD”). SPDs may be revised from time to time Additionally, the official plan documents are available for review upon request In the determination of benefits or other matters under each plan, the terms of the official plan documents shall govern over the language of any descriptions of the plans, including SPDs.
Further, the Company (including the officers and administrators who are responsible for administering the plans) and/or any designated plan or claims administrator retain full discretionary authority to interpret the terms of the plans as well as full discretionary authority with regard to administrative matters arising in connection with the plans and all issues concerning benefit eligibility and entitlement.
While the Company intends to maintain these plans, it reserves the absolute right to modify, amend, or terminate these plans, and any benefits thereunder, at any time and for any reason, to the maximum extent permitted by applicable law.
Questions regarding these benefits may be directed to HumanResources@DunnEdwards.com
All employees are covered under our Workers’ Compensation policy as required by applicable law. This benefit is paid for by Dunn-Edwards. Accidental injuries which occur during working hours or conditions caused by work activities are covered under our Workers’ Compensation policy. This insurance provides for the payment of medical expenses and weekly compensation payments during the period of an employee's work-related injury or illness.
Employees must report all injuries, no matter how slight, to management as soon as possible. Claim forms must be filed promptly to ensure claims are processed and Company records are prepared properly. Failure to follow Company procedures may affect employees’ eligibility to receive Workers’ Compensation benefits.
All employees also may be entitled to receive statutory short-term disability payments for nonoccupational injuries or illnesses depending on their work location and applicable law.
Workers’ compensation and short-term disability are solely monetary benefits and not leaves of absence, unless otherwise provided by applicable law For information regarding leaves of absence that may be available while receiving these benefits, please refer to the leaves of absence policies and/or contact HRLeaveTeam@DunnEdwards.com
PAID HOLIDAYS
The Company currently recognizes the following holidays: New Year’s Day, President’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, Day After Thanksgiving, Christmas Eve, Christmas Day, and New Year’s Eve.
When holidays fall on a Saturday, they typically will be observed on the preceding Friday by nonstore employees (although minimal crews may be required at some facilities); store employees would observe the holiday on that day (Saturday). When holidays fall on a Sunday, they typically will be observed on the following Monday by non-store employees; when store employees observe such holidays will depend on the particular holiday. A list of recognized holidays for the year generally will be issued prior to the start of each year.
When holidays fall on or are celebrated on what otherwise would be a regular workday for the employee, employees not on an excluded leave of absence will receive one (1) day’s pay at their base rate of pay at the time of the holiday. Personal, disciplinary, unauthorized and extended medical leaves are excluded from and do not qualify for holiday pay.
Stores may be open on one or more of the Dunn-Edwards’ observed holidays. Non-exempt store employees who work on a holiday – and the non-exempt office personnel who comprise the “skeleton crews’’ that work on a holiday – will be paid double their hourly rate of pay. Doubletime pay will only be extended to work hours on the day of the holiday Exempt store employees who work on a holiday will receive 8 hours of pay and receive a floating holiday that can be taken at a later date to be planned with their supervisor as schedules permit. If an employee is scheduled to work on a holiday and they call in sick on that day, any available sick pay will be paid at the employee’s regular rate of pay.
Paid holidays off are not counted as hours worked for purposes of calculating overtime.
PAID VACATION TIME
We know how hard our employees work and recognize the importance of providing time for rest and relaxation. All employees are eligible for paid vacation time. Eligible full-time employees accrue vacation time pro rata over the course of the year according to the following schedule:
Eligible part-time employees accrue vacation on a pro-rata basis based on their regular schedule as compared to a full-time employee.
We fully encourage employees to get this rest by taking vacation time each year. Vacation time may be taken in 1-day increments for exempt employees and 1-hour increments for non-exempt employees. Requests to take vacation time must be submitted as far in advance as possible. We will make every effort to grant employees’ vacation preferences, consistent with our operating schedule. However, if too many employees request the same period of time off, preference typically will be given based on seniority and/or timing of the request Further, we reserve the right to mandate the use of vacation time in certain instances, to the extent permitted by applicable law.
Vacations are paid at the employee’s base rate of pay at the time of absence Paid vacation time off is not counted as hours worked for purposes of calculating overtime.
Vacation time should be taken and cannot be carried beyond the maximum accrual cap for each tier.
Accrued, unused vacation is paid upon separation. To the extent permitted by applicable law, any payout will be reduced by any used but unaccrued paid time off provided under any other Company policy.
20 YEAR CLUB
Employees who complete 20 years of service become members of the “Dunn-Edwards 20-Year Club” and receive special recognition and eligibility for an extra day off.
Beginning with the employee’s 20th year of service and every year thereafter (i.e., 20th, 21st, 22nd, etc., the employee will be eligible for an additional one (1) day off with pay. For example, in the employee’s 23rd year of service, the employee will receive 4 weeks’ vacation and 1 additional day off with pay.
Please note the following conditions in connection with the additional one day off:
• For payroll purposes, it is to be noted as “20 Year Club” Day
• It may be taken any time after the employee’s anniversary date
• It must be scheduled and approved in advance by the employee’s supervisor
• It must be taken by the employee; it cannot be used as additional pay
• The 20 Year Club day may be used for a medical leave when all sick and vacation pay has exhausted
• If an employee’s employment with the Company ends for any reason, any unused 20 Year Club Days will be paid out upon termination
• There is no cap on the number of days accumulated, however eligible employees are encouraged to take their 20 Year Club Day annually
• The 20 Year Club Day may not be broken up and taken on multiple days (e.g., 4 hours on two days); it must be taken on one day.
An employee meeting the eligibility described above will not earn a 20 Year Club Day if their anniversary date occurs while they are on an Extended Medical Leave of Absence.
PAID SICK TIME
Dunn-Edwards provides eligible employees with sick pay benefits that employees must utilize for time off from work for the following purposes, as permitted under applicable state law and local ordinances concerning paid sick leave and kin care:
a. Diagnosis, care, or treatment, including preventive care, of an existing health condition of an employee (e.g., time off from work for a physical or flu shot or to treat the common cold or flu);
b. Diagnosis, care, or treatment, including preventive care, of an existing health condition of an employee's family member*;and
“Family member” is defined as an employee’s: (i) spouse/registered domestic partner; (ii) child (regardless of age or dependency status), including a biological, adopted or foster child, legal ward, or a child to whom the employee stands in loco parentis; (iii) biological, adoptive or foster parent, stepparent or legal guardian of an employee or the employee’s spouse or registered domestic partner, or a person who stood in loco parentis when the employee was a minor child; (iv) grandparent; (v) grandchild; (vi) sibling; (vii) a designated person**, and (viii) certain additional individuals as required by local ordinance.
** An opportunity to make such a designation shall be extended to newly hired employees within their first week of work (before the first 30 hours is worked by the employee). The employee will be given a window of 10 workdays to make such a designation. Thereafter, the opportunity to make such a designation, including the opportunity to change such a designation previously made, shall be extended to employees on an annual basis, starting January 1 of each year, with a window of 10 workdays for employees to make a designation.
c. Purposes related to domestic violence, sexual assault or stalking suffered by an employee (e.g., psychological or other counseling, court appearances, obtaining restraining orders, etc.).
This list is not exhaustive as state law or local ordinances concerning paid sick leave and kin care may provide additional uses under the sick leave policy). For questions about additional uses for sick leave, please contact Human Resources.
Eligible Employees
All employees (including full-time, part-time, temporary, and intern employees) are considered eligible employees under this policy.
Accrual Procedure for Exempt Employees
Unless otherwise required by applicable law or ordinance, eligible employees accrue sick pay each pay period, at a rate of one hour for every 30 hours worked.
Exempt employees are presumed to work 40 hours per workweek for purposes of sick time accrual. If their normal workweek is less than 40 hours, accrual will be based on their normal workweek. Accrued, unused time under this policy will carry over year to year.
Accrual Procedure for non-Exempt Employees
Eligibility
This policy applies to all hourly Distribution and Manufacturing employees who work at DunnEdwards’ Phoenix, Arizona Factory. Effective January 1, 2025, this policy supersedes any prior paid sick policy for Distribution and Manufacturing hourly employees, other than as to Legacy Paid Sick Time as discussed below. Under this policy, effective January 1, 2025, Distribution and Manufacturing hourly employees are entitled to earn and use up to 56 hours of paid-sick time off per calendar year, as outlined below. For purposes of this policy, the calendar year is the consecutive 12-month period beginning January 1st and ending on December 31st.
Banked Paid Sick Time
All unused sick time an employee has earned by December 31, 2024, will be converted to Banked Paid Sick Time and is not subject to this policy. Banked Paid Sick Time will continue to carryover to subsequent calendar years and will continue to be subject to the Company’s paid sick policy currently in effect until the time is used or separation of employment
Front-Loading of Paid Sick Time
Beginning January 1, 2025, full-time hourly employees will be awarded 56 hours of paid sick time for that calendar year. Part-time hourly employees will be awarded an amount of earned paid sick time for the calendar based on a reasonable projection of the amount of sick time the employee would accrue through the end of the year at a rate of one hour of sick time for every 30 hours worked, up to a maximum of 56 hours of paid sick time. Paid sick time will continue to be awarded thereafter at the beginning of each calendar year.
Newly Hired Employees
During their first year of employment, newly hired employees will be awarded an amount of earned paid sick time prorated based on their start date, up to a maximum of 56 hours of paid sick time. Thereafter, the employee will be awarded 56 hours of paid sick time (or, for part-time employees, the applicable number of hours as reasonably calculated for that year) at the beginning of each calendar year.
Usage.
Current employees may use earned paid sick time as soon as it is earned. Newly hired employees may use earned paid sick time only on the 90th calendar day of employment or thereafter. Earned paid sick time must be used in 6-minute increments.
Employees with Banked Paid Sick time will have the option of using Banked or regular paid sick time. If an employee wishes to utilize Banked Paid Sick time, they must inform their manager at the time of call out, otherwise, regular paid sick time will be used by default.
Payment
Earned paid sick time will be paid at the same rate as the employee earns from his or her employment at the time the employee uses such time, but no less than the applicable minimum wage. Use of earned paid sick time is not considered hours worked for purposes of calculating overtime.
Carryover & Payout
An employee may not carry over unused paid sick time under this policy to the following calendar year. Rather, any unused paid sick time at the end of the applicable calendar year (other than Banked Paid Sick Time) will be paid out at the employee’s regular rate of pay then in effect. Unused earned paid sick time under this policy will not be paid at separation of employment.
Reporting Procedure
If the need for time off from work is foreseeable (e.g., an upcoming doctor’s appointment), the employee must provide reasonable advance notice to his/her supervisor in accordance with the Attendance Policy.
If illness or some other compelling reason prevents an employee from providing reasonable advance notice, then the employee is personally expected to contact his/her supervisor by phone call, voicemail message, text message, or e-mail prior to their scheduled start time on the date of absence – except in the event of accidents, emergencies, or sudden illnesses, which requires notice as soon as practicable (see also Absences, Tardies, and Reporting Requirements).
Use
Available sick pay must be used to cover absences as described in a), b) or c) above. Sick pay may also be used during bereavement leave only within the “extended” period of time of said bereavement leave. Sick pay may NOT be used in lieu of vacation, or for tardiness*, extended jury duty service, or personal reasons (such as car problems or household emergencies not covered in a), b) or c) above). Employees may use vacation time (if available) for a), b) and c) above in 1-hour increments when sick pay is not available. (see also Absences, Vacation).
If the employee is on FMLA leave for the employee’s own serious health condition and the employee has sick pay available, the employee will be required to use all available sick pay and, when/if sick pay exhausts, the employee will be required to use all available vacation pay unless otherwise prohibited by applicable law. If the employee is on FMLA leave in order to care for a qualified family member with a serious health condition or to care for a newborn, newly adopted child or newly placed foster child, the employee will be required to use any and all available vacation pay (unless prohibited by applicable law) and thereafter all available sick pay. (see also FMLA).
* Sick pay may not be used when an employee is tardy, unless the tardiness is a result of a), b) or c) above, or related to an approved FMLA intermittent leave which is being tracked by and reported to Human Resources.
Termination and Reinstatement
Unused time under this policy is not paid out at the time of separation from employment. However, employees who are re-employed with the company within a year of separation will have their accrued unused bank of time off under this policy made available to them.*
Interplay with Other Leaves
Leave under this policy may run concurrently with leave taken under other applicable policies as well as under local, state or federal law, including leave taken pursuant to the Family and Medical Leave Act (FMLA).
No Retaliation
Enforcement & Retaliation
Retaliation against an employee who requests or uses earned paid sick time is prohibited. An employee has the right to file a complaint if earned paid sick time as required by law is denied by an employer or if he/she is subjected to retaliation for requesting or taking earned paid sick time. The Arizona Industrial Commission’s contact information is as follows: 800 W. Washington Street, Phoenix, AZ 85007 / 602-542-4661 or 2675 E. Broadway Boulevard, Tucson, AZ 85716 / 520-628-5188.
For further information regarding your rights under the Arizona paid sick time law, please see the notice attached to this policy and posted in the workplace.
Questions about rights and responsibilities under this policy and state law can be answered by the Human Resources Department.
LEAVES OF ABSENCE
BEREAVEMENT LEAVE
We know the death of a family member is a time when one wishes to be with the rest of the employee’s family All employees who lose a close relative may take paid bereavement leave of up to three (3) days to grieve and attend to necessary obligations and commitments, unless otherwise required by applicable law. For the purposes of this policy, a close relative includes a spouse, committed same-sex/domestic/civil-union partner, child, parent, grandparent, grandchild, sibling or any other relation required by applicable law. Paid leave days may only be taken on regularly scheduled, consecutive workdays following the close-relative’s death, unless otherwise required by applicable law. Employees must inform their supervisor prior to commencing bereavement leave. In administering this policy, the Company may require verification of death and relation to the deceased, to the extent permitted by applicable law.
Bereavement leave is paid at the employee’s base rate of pay at the time of absence for the number of hours the employee otherwise would have worked that day. Bereavement leave is not counted as hours worked for purposes of calculating overtime.
Reasonable requests for additional time up to ten (10) days may be allowed at the discretion of the manager if distance and travel requirements reasonably so indicate; however, any days approved beyond three (3) days may be paid using vacation pay or sick pay, if available, or is otherwise unpaid. It is the employee’s choice whether to use available vacation or sick pay, or to not be paid (LWOP). If a Dunn-Edwards observed holiday falls within the 10-day period of extended bereavement, employees will receive holiday pay. The days of extended bereavement leave must be taken consecutively and must be completed within three months of the date of death of the family member.
Requests for time beyond the 10-day period of extended bereavement will be treated as a personal leave of absence. As such, employees will not be eligible for holiday pay or sick pay but may use vacation pay if available.
Leave provided pursuant to this policy will run concurrently with any other applicable leave of absence for covered reasons, to the maximum extent permitted by applicable law.
JURY DUTY LEAVE
Dunn-Edwards realizes that it is the obligation of all U.S. citizens to serve on a jury when summoned to do so. All employees are allowed time off to perform such civic service as required by applicable law. Employees are expected, however, to provide the Company with proper notice of their request to perform jury duty and management should be informed of the expected length of jury duty service. If the required absence presents a serious conflict for management, employees may be asked to try to postpone jury duty. Employees must report to work for the major portion of the day if excused by the court unless such a requirement is restricted by applicable law. Employees also must provide verification of service
Dunn-Edwards will pay up to five (5) days of jury duty, unless otherwise required by applicable law. However, exempt employees are paid their full salary for any week in which they perform authorized work for the Company. Any pay provided for time spent on jury duty leave is not counted as hours worked for purposes of calculating overtime. Employees may elect to use any available vacation time or other paid time as required by applicable law during an otherwise unpaid jury duty leave. The substitution of paid time for unpaid leave time does not extend the length of leave and the paid time will run concurrently with any jury duty leave entitlement
MILITARY LEAVE
Employees who are called into active military service or who enlist in the uniformed services are eligible to receive a military leave of absence in accordance with applicable federal and state laws. To be eligible for military leave, employees must provide management with advance notice of their service obligations, unless they are prevented from providing such notice due to military necessity or it is otherwise impossible or unreasonable to provide such notice. In such instances, an employee should provide notice as far in advance as is reasonable under the circumstances.
Employees who are required to attend yearly Reserves or National Guard duty can apply for temporary military leave of absence not to exceed the number of days allowed by law (including travel) Such employees should give management as much advance notice of their need for military leave as possible so that we can maintain proper coverage.
Military leave will be unpaid, unless otherwise required by applicable law. Employees may elect to use any available vacation time during an otherwise unpaid military leave. The substitution of paid time for unpaid leave time does not extend the length of leave and the paid time will run concurrently with any military leave entitlement.
Employees whose absence does not exceed applicable statutory limitations will retain reemployment rights and accrue seniority and benefits in accordance with applicable federal and state laws
Please speak to Human Resources for additional information about Military Leave.
FAMILY AND MEDICAL LEAVE (“FMLA”)
Eligibility Requirements
Employees are eligible for FMLA if:
• At least fifty (50) or more employees are employed within a 75-mile radius of the employee’s work site
• The employee has been employed for at least one year; and
• The employee has worked at least 1,250 hours within the previous twelve (12) months*
*Special hours of service requirements apply to airline flight crew employees.
Basic Leave Entitlement
The FMLA requires covered employers to provide up to twelve (12) weeks of unpaid, jobprotected leave in a 12-month period to eligible employees for certain family and medical reasons.
The 12-month period is determined on a “rolling” 12-month period dating back from the time the employee uses any FMLA leave. Leave may be taken for any one, or for a combination of the following reasons:
• To care for the employee’s child after birth, or placement for adoption or foster care
• To care for the employee’s spouse, son or daughter, or parent (but not in-law) who has a serious health condition; and/or
• For the employee’s own serious health condition (including any period of incapacity due to pregnancy, prenatal medical care or childbirth) that makes the employee unable to perform one or more of the essential functions of the employee’s job.
Leave to care for the employee’s child after birth, or placement for adoption or foster care must be taken within one (1) year of the child’s birth or placement.
A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three (3) consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to pregnancy, or incapacity due to a chronic condition Other conditions may meet the definition of continuing treatment.
Military Family Leave
Eligible employees with a spouse, son, daughter, or parent (but not in-law) on covered active duty or called to covered active-duty status (or has been notified of an impending call or order to covered active duty) in the Reserve component of the Armed Forces for deployment to a foreign country in support of a contingency operation or Regular Armed Forces for deployment to a foreign country may use their 12-week leave entitlement to address certain qualifying exigencies. Qualifying exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, caring for the parents of the military member on covered active duty and attending postdeployment reintegration briefings.
FMLA also includes a special leave entitlement which permits eligible employees (spouse, son, daughter, parent (but not in-law) or next of kin of a covered service member) to take up to twentysix (26) weeks of leave to care for a covered service member with a serious injury or illness during a single 12-month period (one time basis only). A covered service member is a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is on the temporary retired list, for a serious injury or illness. These individuals are referred to in this policy as “current members of the Armed Forces.” Covered servicemembers also includes a veteran who is discharged or released from military services under condition other than dishonorable at any time during the five-year period preceding the date the eligible employee takes FMLA leave to care for the covered veteran, and who is undergoing medical treatment, recuperation or therapy for a serious injury or illness. These individuals are referred to in this policy as “covered veterans.”
The FMLA definitions of a “serious injury or illness” for current Armed Forces members and covered veterans are distinct from the FMLA definition of “serious health condition” applicable to FMLA leave to care for a covered family member.
Job Benefits and Protection
If applicable, during FMLA leave, the Company must maintain health coverage under any “group health plan” on the same terms as if the employee had continued to work If paid time off is substituted for unpaid leave, the Company will deduct the employee’s portion of any applicable health plan premium as a regular payroll deduction. If the employee’s leave is unpaid, the employee must make arrangements with Human Resources prior to taking leave to pay their portion of any applicable health insurance premiums each month.
The Company’s obligation to maintain health care coverage ceases if an employee’s premium payment is more than 30 days late If an employee’s payment is more than 15 days late, the Company will send a letter notifying the employee that coverage will be dropped on a specified date unless the co-payment is received before that date. If employees do not return to work at the end of the leave period (unless employees cannot return to work because of a serious health condition or other circumstances beyond their control), they will be required to reimburse the Company for the cost of the premiums the Company paid for maintaining coverage during their unpaid FMLA leave. For purposes of this paragraph, an employee will be considered to have returned to work if the employee returns to work for at least 30 calendar days, or the employee retires at the end of the FMLA leave period or within 30 days thereafter.
Upon return from FMLA leave, most employees must be restored to their original or equivalent positions with equivalent pay, benefits, and other employment terms.
The use of FMLA leave cannot result in the loss of any employment benefits that accrued prior to the start of an employee’s leave.
Use of Leave
An employee does not need to use this leave entitlement in one block Leave can be taken intermittently or on a reduced leave schedule when medically necessary. Employees must make reasonable efforts to schedule leave for planned medical treatment so as not to unduly disrupt the Company’s operations. Leave due to qualifying exigencies may also be taken on an intermittent basis.
Substitution of Paid Leave for Unpaid Leave
Employees may use accrued vacation and sick time (to the maximum extent permitted by applicable law) while on unpaid FMLA leave. The substitution of paid time for unpaid FMLA leave time does not extend the length of FMLA leaves and the paid time will run concurrently with an employee’s FMLA entitlement.
Upon written request, the Company will allow employees to use accrued vacation and sick time to supplement any applicable paid disability, Workers’ Compensation or other monetary benefits. Receipt of disability benefits, Workers’ Compensation benefits or other monetary benefits does not extend the maximum amount of leave time to which an employee is eligible under the FMLA.
Employee Responsibilities
Employees must provide thirty (30) days’ advance notice of the need to take FMLA leave when the need is foreseeable. When thirty (30) days’ notice is not possible, the employee must provide notice as soon as practicable and generally must comply with the Company’s normal call-in procedures.
Employees must provide sufficient information for the Company to determine if the leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that the employee is unable to perform job functions; the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the Company if the requested leave is for a reason for which FMLA leave was previously taken or certified. Employees may also be required to provide medical certification and periodic recertification supporting the need for leave
Employer Responsibilities
Covered employers must inform employees requesting leave whether they are eligible under the FMLA. If they are, the notice must specify any additional information required as well as the employees’ rights and responsibilities If they are not eligible, the employer must provide a reason for ineligibility.
Covered employers must inform employees if leave is designated as FMLA-protected and the amount of leave counted against the employee’s leave entitlement. If the employer determines that the leave is not FMLA-protected, the employer must notify the employee.
Unlawful Acts by Employers
FMLA makes it unlawful for the Company to:
• Interfere with, restrain, or deny the exercise of any right provided under the FMLA
• Discharge or discriminate against any person for opposing any practice made unlawful by the FMLA or for involvement in any proceeding under or relating to the FMLA
Concerns regarding a possible violation with respect to either of these obligations should be reported to the Company’s Human Resources Department
Enforcement
Employees may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer.
FMLA does not affect any Federal or State law prohibiting discrimination or supersede any State or local law or collective bargaining agreement, which provides greater family or medical leave rights.
PERSONAL LEAVE
Under certain circumstances, employees who are not eligible for any other leave of absence and/or have exhausted all other leave entitlements may be granted a personal leave of absence without pay. A written request for a personal leave should be submitted at least thirty (30) days before the
requested start of the leave, except in cases of emergency. Personal leaves of absence are approved by each department’s Director level management, in consultation with Human Resources.
Requests are considered based on non-discriminatory factors including, but not limited to, staffing requirements and the reasons for the requested leave, as well as employees’ performance and attendance records. This leave may be requested for medical reasons. If so, the Company generally will require submission of medical certifications prior to granting leave and may require additional periodic submission of medical certifications at various times during the leave.
Personal leaves of absence are granted for a period of up to 30 days not to exceed 2 personal leaves within a rolling 12-month period. This time limitation does not apply to leaves taken for an employee’s own medical reasons.
Employees may use accrued paid vacation while on unpaid personal leave The substitution of paid time for unpaid leave time does not extend the length of leave and the paid time will run concurrently with any personal leave granted. Receipt of disability benefits, Workers’ Compensation benefits or other monetary benefits does not extend the length of any personal leave granted.
During a personal leave, employees will not accrue paid time off benefits or be paid for holidays. We will continue health insurance coverage during a personal leave if, to the extent paid time off is not substituted for unpaid leave, employees submit their share of the monthly premium payments to the Company in a timely manner, to the extent permitted and in accordance with the applicable plans.
When they anticipate returning to work, employees should notify management of their expected return date. Employees should notify management at least one (1) week before the expiration of leave.
Upon completion of a personal leave of absence, the Company will attempt to return employees to either their original job, or to a similar position, subject to prevailing business considerations We note, however, that reinstatement is not guaranteed unless required by law.
Failure to advise management of availability to return to work, failure to return to work after notifying the Company of expected return to work, or remaining absent from work beyond the time approved by the Company is considered a voluntary resignation of employment unless otherwise prohibited by applicable law.
OUTSIDE SALES REPRESENTATIVES ON LEAVE OF ABSENCE –COMMISSIONS AND RATE OF PAY
A Sales Representative who is participating in the Company’s Compensation Program for Outside Sales Representatives and who subsequently goes on an approved leave of absence will cease to earn commissions on accounts carded to him/her 14 days after the first day of leave.
Rate of pay – at the beginning of the first pay period after the 14th day of leave, the employee’s rate of pay will be changed according to the following formula: gross pay (less bonus if any) for the previous 26 pay periods divided by 2080 hours. If the employee has worked fewer than 2080 hours prior to the first day of leave, actual gross pay will be divided by actual hours worked. Sick pay, if any and if applicable, and vacation pay, if any and if applicable, will be paid at this rate. (see also Leaves of Absence – Medical, FMLA, and Personal Leaves of Absence).
Upon returning from leave, as soon as practicable, the employee’s rate of pay will be changed to the appropriate ‘advance rate’ as determined by Sales management.
Territory Management
While on leave the employee is not to work. While on leave, the accounts in a Sales Representative's "book" will be managed by the District Sales Manager and may be serviced by other Sales Representatives. If, during the course of leave, business needs dictate that an account be permanently transferred to another Sales Representative, the Company may, at its sole discretion, execute such a transfer including assigning the payment of commissions generated by the account beginning on the date of transfer to the new Sales Representative.
Your DE Provided Equipment
Outside Sales Representatives and other field sales personnel will be required to change the greeting on their D-E provided device(s) AND corporate voicemail box advising callers that they are unavailable and refer callers to the employee’s manager. The employee must provide their manager’s cell number. There is no need to advise callers of the reason for the leave of absence.
Incoming calls to the employee’s D-E provided device(s) and corporate voicemail box will be automatically forwarded to the employee’s manager and the password for retrieving voicemail will be changed for the duration of the employee’s leave so that the manager can access business messages left there.
Employees on leave for more than two weeks will be required to return their D-E provided device(s) to their manager for the duration of their leave of absence.
A FEW CLOSING WORDS
This Handbook is intended to provide a broad summary of things our employees should know about Dunn-Edwards. The information in this Handbook is general in nature and, should questions arise, employees should consult their supervisor or Human Resources for complete details While we intend to continue the policies, rules, and benefits described in this Handbook, the Company may always modify the matters set forth in this Handbook in its sole discretion, to the maximum extent permitted by applicable law. Please do not hesitate to speak to your supervisor or Human Resources with any questions about Dunn-Edwards or its personnel policies and practices.
RECEIPT OF EMPLOYEE HANDBOOK
This Employee Handbook, including any applicable state supplement, is an important document intended to help you become acquainted with Dunn-Edwards. This document contains management guidelines only; it is not the final word in all cases Individual circumstances may call for individual attention.
Because the Company’s operations may change, the contents of this Handbook may be changed at any time, with or without notice, in an individual case or generally, at the sole discretion of management, unless otherwise restricted by applicable law.
Please read the following statements and sign below to indicate your receipt and acknowledgment of this Employee Handbook.
I have received and read a copy of Dunn-Edwards’ Employee Handbook (inclusive of any applicable state supplement). I understand that the Company has the right, with or without notice, in an individual case or generally, to change and/or modify its interpretation of any of its guidelines, policies, practices, working conditions, or benefits at any time, unless otherwise restricted by applicable law.
I understand that neither this Employee Handbook nor any other Company guidelines, policies, or practices creates an employment contract, bargain, or agreement or confers any contractual rights whatsoever. I understand that, unless otherwise provided by applicable law, my employment is terminable at will, either by myself or the Company, regardless of the length of my employment or the granting of benefits of any kind. I further understand that no representative of the Company other than its President and CEO is authorized to provide any employee or employees with an employment contract or special arrangement concerning terms or conditions of employment and that any such agreement must be in writing and signed by its President and CEO.
I understand that my signature below indicates that I have read and understand the above statements and that I have received a copy of the DunnEdwards Employee Handbook.
Employee's Printed Name: ____________________
Employee's Signature: _______________________
Position: ___________________
Date: ___________________
The signed original copy (or an electronic acknowledgement of this receipt) should be given to management - it will be filed in your personnel file.
RECEIPT OF THE COMPANY’S DISCRIMINATION, HARASSMENT & RETALIATION PREVENTION POLICY
I acknowledge that I have received, read, and understand Dunn-Edwards’ Discrimination, Harassment & Retaliation Prevention Policy, including any applicable state supplement I understand that I am expected to abide by and be bound by the rules, provisions and standards set forth in the Company’s policy. I further acknowledge that the Company reserves the right to revise, delete, and add to the provisions of the Discrimination, Harassment & Retaliation Prevention Policy at any time, to the maximum extent permitted by applicable law. California Employees: I also acknowledge I have received the California Civil Rights Department’s Sexual Harassment Fact Sheet (CRD-185).
Employee's Printed Name: ____________________
Employee's Signature: _______________________
Position: ___________________
Date: ___________________
The signed original copy (or an electronic acknowledgement of this receipt) should be given to management - it will be filed in your personnel file.