ASSOCIATE HANDBOOK
WELCOME TO TURNBERRY ASSOCIATES It is our pleasure to welcome you to the Turnberry Associates team. We are confident you share our passion and values and will significantly contribute to our continued success. Turnberry Associates has delivered excellent results and outstanding quality in all aspects of our business for more than five decades. This success is based upon a simple philosophy: of encouraging and supporting our Associates and thus creating a high-morale working environment. In turn, our team shows a strong sense of ownership and pride, which leads to unparalleled experiences for the millions of people visiting Turnberry properties each year. Once again, welcome to Turnberry Associates. We look forward to having you join our pursuit of excellence. Best regards,
Jeff Soffer
Jackie Soffer
TABLE OF CONTENTS PAGE A.
FOREWORD
1
B.
INTRODUCTION B.1. Equal Employment Opportunity Policy Statement B.2. Non-Discrimination, Anti-Harassment, and Non-Retaliation Policy B.3. Americans With Disabilities Act Policy Statement B.4. Code of Business Conduct and Ethics B.5. Outside Employment B.6. Ethical Communications Policy B.7. External Communication
2 2 5 5 9 10 10
C.
EMPLOYMENT C.1. Initial Employment Period C.2. Associate Categories C.3. Transfers and Promotions C.4. Personnel Records
11 11 12 13
D.
COMPENSATION D.1. Performance Management and Compensation Programs D.2. Payment of Salary D.3. Policy on Deductions from Salaries D.4. Overtime Pay D.5. Time Records D.6. Meal Breaks D.7. Associate Referral Program
13 14 14 15 16 16 17
E.
TIME OFF FROM WORK E.1. Vacation E.2. Flexible Days E.3. Holidays E.4. Bereavement Leave E.5. Jury Duty E.6. Military Leave E.7. Leave Under The Family And Medical Leave Act ("FMLA") E.8. Personal Leave of Absence E.9. Medical Leave Extensions and Job Protection During Medical Leave E.10. Domestic Violence Leave (Florida Only) E.11. Breastfeeding Accommodation E.12. Religious Expression
17 20 21 21 21 22 22 27 28 28 28 28
F.
ASSOCIATE BENEFITS F.1. Disclaimer F.2. Premium Only Plan F.3. Health, Dental and Vision Insurance F.4. Group Life Insurance
29 29 30 30
i
Supplemental Life Insurance Disability Benefits 401(k) Plan Continuation of Insurance Coverage - COBRA Employee Assistance Program Workers’ Compensation Benefits and Return to Work Program
30 30 31 31 31 32
G.
ON THE JOB GUIDELINES G.1. Complaint Resolution Procedure G.2. Drug Free Work Place G.3. Educational, Driving, Criminal and Employment Background Screening G.4. Professional Appearance G.5. Tatoo Policy G.6. Anti-Nepotism Policy G.7. Romantic or Sexual Relationships G.8. Safety G.9. Contagious Illness Policy G.10. Visitors Policy G.11. Open Door Policy G.12. Solicitations, Distributions and Use of Bulletin Boards G.13. Use of Company Equipment and Property G.14. Computer Use G.15. Email Use G.16. Use of Voicemail, Internet and Other Company Equipment G.17. Use of Personal Computer Software G.18. Mobile Device Use and Safety G.19. Company Vehicle Fleet Policy G.20. Internal Investigations and Searches G.21. Verification of Employment G.22. Smoking Policy G.23. Social Media, Social Networking, and Weblogs Policy
32 33 34 35 36 37 37 38 39 40 40 40 41 42 42 43 44 44 46 50 50 50 51
H.
DISCIPLINE AND RULES OF CONDUCT H.1. Policy H.2. Job Performance H.3. Misconduct H.4. Attendance H.5. Discipline Procedure H.6. Sameness vs. Consistency H.7. Workplace Violence Policy
53 53 53 55 56 56 56
I.
LEAVING THE COMPANY I.1. Voluntary Termination I.2. Involuntary Termination I.3. Exit Interview
58 59 59
ASSOCIATE HANDBOOK ACKNOWLEDGEMENT
60
F.5. F.6. F.7. F.8. F.9. F.10.
ii
A.
FOREWORD
Whether you have just joined our staff or have been working for Shopping Center Management d/b/a Turnberry Associates (the “Company�), we are confident that you will find our Company a dynamic and rewarding place to work and we look forward to a productive and successful association. We consider the Associates of Turnberry Associates to be one of its most valuable resources. Several things are important to keep in mind about this handbook. First, it contains only general information and guidelines. It is not intended to be comprehensive or to address all the possible applications of, or exceptions to, the general policies and procedures described. For that reason, if you have any questions concerning eligibility for a particular benefit, or the applicability of a policy or practice to you, you should address your specific questions to Human Resources. Neither this handbook nor any other Company document confers any contractual right, either expressed or implied. Nor does it guarantee any terms and conditions of your employment. Your employment is not for any specific duration and may be terminated at will, with or without cause and without prior notice from the Company. You may also resign for any reason at any time. No supervisor or other representative of the Company, except Ownership, has the authority to enter into any agreement for employment for any specified period of time, or to make any agreement contrary to the above unless it is in writing. Second, the procedures, practices, policies and benefits described here may be modified or discontinued at any time. We will try to inform you of any changes as they occur. Third, this handbook and the information in it should be treated as confidential. No portion of this handbook should be disclosed to others, except Associates employed by Turnberry Associates and others affiliated with Turnberry Associates whose knowledge of the information is required in the normal course of business. Finally, some of the subjects described are covered in greater detail in official policy documents or in the case of your fringe benefits, summary plan descriptions and plan documents. You should refer to these documents for specific information, since this handbook only briefly summarizes those benefits. Please note that the provisions of Associate benefit plan documents are controlling.
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B.
INTRODUCTION
B.1.
EQUAL EMPLOYMENT OPPORTUNITY POLICY STATEMENT STATEMENT
Equal Employment Opportunity has been, and will continue to be, a fundamental principle of the Company, where employment is based upon personal capabilities and qualifications without discrimination because of race, color, religion, sex, age, national origin, disability, sexual orientation, gender identity, pregnancy, military status, genetic information or any other protected characteristic as established by law. This policy of Equal Employment Opportunity applies to the administration of all policies and procedures of the Company as well as all decisions regarding recruitment and hiring, compensation, benefits, termination and all other terms and conditions of employment. The Human Resources Department has overall responsibility for this policy and maintains reporting and monitoring procedures. Associate questions or concerns should be referred to Human Resources. Appropriate disciplinary action may be taken against any Associate who willfully violates this policy. B.2.
NON-DISCRIMINATION, ANTI-HARASSMENT, AND NON-RETALIATION POLICY
The Company is committed to a work environment in which all individuals are treated with respect and dignity. Each individual has the right to work in a professional atmosphere that promotes equal employment opportunities and prohibits discriminatory practices, including harassment. Therefore, the Company expects that all relationships among persons in the workplace will be business-like and free of bias, prejudice and harassment. The Company prohibits and will not tolerate any such discrimination or harassment. Accordingly, the Company does not tolerate unlawful harassment of its Associates by anyone, including any manager/supervisor, Associate, customer, guest, visitor, vendor, supplier or independent contractor. Associates are prohibited from harassing other Associates or others with whom they come in contact. Any form of harassment which violates federal, state, or local law, including but not limited to harassment related to an individual’s race, religion, color, sex, sexual orientation, gender identity, national origin, marital status, citizenship status, military service status, age, disability, pregnancy, or genetic information is a violation of this policy. Any violation of this policy will subject an Associate to disciplinary action, up to and including termination. Harrassment Harassment, as defined in this policy, is unwelcome verbal, visual or physical conduct creating an intimidating, offensive, or hostile work environment that interferes with work performance. Rev. 2015
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Harassment can be verbal (including slurs, jokes, insults, epithets, gestures or teasing), graphic (including offensive posters, symbols, cartoons, drawings, computer displays, text messages, or e-mails) or physical conduct (including physically threatening another, blocking someone’s way, or otherwise interfering with unencumbered movement in and around the workplace) that denigrates or shows hostility or aversion towards an individual because of any protected characteristic. Company policy prohibits all forms of harassment including, but not limited to: • •
Harassment because of sex (which includes sexual harassment, gender harassment and harassment due to pregnancy, childbirth or related medical conditions); and Harassment because of race, religious creed, gender, color, national origin or ancestry, citizenship, physical or mental disability, medical condition, marital status, age, sexual orientation, gender identity or any other basis protected by federal, state, or local law, ordinance, statute or regulation.
Examples may include, but are not limited to the following inappropriate behaviors: • • • • •
Verbal misconduct such as profanity, epithets, derogatory jokes or comments, slurs or unwanted sexual advances, flirtations, invitations or comments as might be uttered in any language; Visual misconduct such as derogatory and/or sexually-oriented posters, photography, cartoons, drawings or gestures that may or may not be affixed to articles of clothing, cards, and/or badges or stickers; Physical misconduct such as assault, unwanted touching, blocking or restricting normal movement or interfering with work because of sex, race or any other protected basis; Retaliation for having reported or demonstrating the intention to report harassment; and Retaliation for having participated in an investigation of harassment.
Such conduct violates this policy, even if it is not unlawful. Because it is difficult to define unlawful harassment, Associates are expected to behave at all times in a professional and respectful manner. Sexual Harassment Sexual harassment can include all of the above actions, as well as other unwelcome conduct, such as unwelcome or unsolicited sexual advances, requests for sexual favors, conversations regarding sexual activities and other verbal or physical conduct of a sexual nature. Examples of conduct that violates this policy include, but are not limited to: • • • •
Unwelcome sexual advances, flirtations, hissing, leering, whistling, touching, pinching, assault, 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;
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• • • • • • • •
Propositions, or suggestive or insulting comments of a sexual nature; Derogatory cartoons, posters, and drawings; Sexually-explicit e-mails, text messages or voicemails; Uninvited touching of a sexual nature; Unwelcome sexually-related comments; Conversation about one’s own or someone else’s sex life; Conduct or comments consistently targeted at only one gender, even if the content is not sexual; and Teasing or other conduct directed toward a person because of the person’s gender.
Non-Retaliation No Associate will be subject to, and the Company prohibits, any form of discipline or retaliation for reporting perceived violations of this policy, pursuing any such claim, or cooperating in any way in the investigation of such claims. If an Associate believes someone has violated this nonretaliation policy, the Associate should bring the matter to the immediate attention of Human Resources. Any Associates, regardless of position or title, whom the Company determines has engaged in conduct that violates this policy against retaliation, will be subject to disciplinary action up to and including termination. Examples of conduct that violates this policy include, but are not limited to: • • • • •
Demotion or threat of job loss; Intimidation; Arbitrary change in schedule; Unsupported disciplinary action; or Any other action that creates a hostile work environment.
Complaint Procedure The Company strongly urges the prompt reporting of all incidents of discrimination, harassment or retaliation, regardless of the offender's identity or position. Any person who feels that he or she is being harassed or discriminated against must immediately report the offensive conduct to his or her direct supervisor. However, if the Associate’s direct supervisor is in any way involved in the alleged inappropriate behavior or is unavailable, the Associate should report the conduct directly to the Executive Vice President of Human Resources at 305-937-6200. Finally, if the Associate’s direct supervisor and the Executive Vice President of Human Resources are involved in the alleged inappropriate conduct or are unavailable, immediately contact the EVP, CFO & CIO of the Organization at 305-9376200. This complaint procedure does not prevent individuals who believe they are subject to harassment from promptly advising the offender that his or her behavior is unwelcome and requesting that it be discontinued. The Investigation Any reported claim of harassment, discrimination or retaliation will be investigated promptly. Rev. 2015
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The investigation may include individual interviews with the parties involved and, where necessary, with individuals who may have observed the alleged conduct or may have other relevant knowledge. Confidentiality will be maintained throughout the investigation to the extent consistent with adequate investigation and appropriate corrective action. Responsive Action Misconduct involving harassment, discrimination or retaliation will be dealt with appropriately. Responsive action may include, for example, training, referral to counseling and/or disciplinary action such as warning, reprimand, withholding of a promotion or pay increase, reassignment, temporary suspension without pay or termination, as the Company believes appropriate under the circumstances. Individuals who have questions or concerns about these policies should talk to Human Resources. B.3.
AMERICANS WITH DISABILITIES ACT POLICY STATEMENT
The Company is committed to complying with all applicable provisions of the Americans With Disabilities Act (“ADA”). It is the Company’s policy not to discriminate against any qualified Associate or applicant with regard to any terms or conditions of employment because of such individual’s disability or perceived disability so long as the Associate can perform the essential functions of the job. Consistent with this policy of non-discrimination, the Company will provide reasonable accommodations to a qualified individual with a disability, as defined by the ADA, who has made the Company aware of his or her disability, provided that such accommodation does not constitute an undue hardship on the Company or pose any unreasonable risk of harm to themselves or others. An Associate or job applicant who needs to make an accommodation request or believes that he or she has been discriminated against based on a disability should immediately notify Human Resources. All such inquiries or complaints will be treated as confidential to the extent permissible by law. B.4.
CODE OF BUSINESS CONDUCT AND ETHICS
This Code of Business Conduct and Ethics (the “Code”) addresses Turnberry Associates (“the Company”)’s commitment to the honesty, integrity, and ethical behavior of the Company’s Associates, officers and directors. These qualities are essential to the Company’s reputation and success. This Code governs the actions and working relationships of the Company’s Associates, executives, and directors with current and potential customers, consumers, fellow Associates, competitors, government and self regulatory agencies, investors, the public, the media, and anyone else with whom the Company has or may have contact. Each member of management of the Company has the added responsibility of setting an example by his or her personal performance, which should convey the Company’s commitment to the highest ethical values. If you are uncertain of your actions or the actions of Associates or third parties, you are encouraged to take advantage of the Company’s open door and informal environment and raise your concerns with appropriate management personnel in accordance with the “Reporting and Non-Retaliation Policy” set forth in the Company’s Associate Handbook. Rev. 2015
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Introduction The Company and each of its Associates, executives, and directors must conduct their business affairs with the highest quality standard of honesty and integrity. Misconduct cannot be excused because it was directed or requested by another party. In this regard, you are expected to alert the Company in the manner set forth under Section, “Reporting Violations” of this Code or in accordance with the Reporting and Non-Retaliation Policy set forth in the Company’s Associate Handbook whenever an illegal, dishonest, fraudulent or unethical act is discovered or suspected. You will not be penalized for reporting your discoveries or suspicions provided you acted in good faith. Persons who violate the Code will be subject to disciplinary action, which may include termination of employment, regardless of whether or not the conduct violates any applicable law. Periodically, you will be required to review this Code and acknowledge in writing your understanding of and compliance with this Code. Core Principals • Associates, executives, and directors shall act with honesty and integrity and shall avoid actual or apparent conflicts of interest between personal and professional relationships and shall disclose to the Nominating and Corporate Governance Committee of the Board of Directors any material transaction or relationship that reasonably could be expected to give rise to such conflict; • Associates, executives, and directors shall endeavor to provide information that is full, fair, accurate, timely and understandable in all reports and documents that the Company files with, or submits to, any government entities for any public filings, including the IRS; • Associates, executives, and directors shall comply with all laws, rules, and regulations of federal, state, and local governments and applicable private or public regulatory agencies; • Associates, executives, and directors shall act in good faith, responsibly, with due care, competence, and diligence and shall not knowingly or recklessly misrepresent material facts or allow their independent judgments to be subordinated or compromised; • Associates, executives, and directors shall not use confidential information acquired in the course of their work for personal advantage; and • Associates, executives and directors shall act responsibly in their use of and control over the Company’s assets and resources. Conflicts of Interest A “conflict of interest” occurs when private interests interfere or appear to interfere in any way with the interests of the Company. You must avoid all situations that might lead to a real or apparent material conflict between your self-interest and your duties and responsibilities as an Associate, executive, or director of the Company. Any position or interest, financial or otherwise, which could materially conflict with your performance as an Associate, executive, or director of the Company, or which affects or could reasonably be expected to affect your independence or judgment concerning transactions between the Company, its customers, suppliers or competitors, or otherwise reflects negatively on the Company would be considered a conflict of interest. In addition, you may not exploit your position or relationship with the Company for personal gain. Although it is not possible to specify every action that might create a conflict of interest, this policy sets forth the ones that most frequently present a problem. If an Associate, executive, or director has any question whether an action or proposed course of conduct would create a Rev. 2015
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conflict of interest, he or she should immediately contact Human Resources to obtain advice on the issue. The purpose of this policy is to protect Associates from any conflict of interest that might arise. A violation of this policy will result in disciplinary action, up to and including termination. Confidentiality Non-public information regarding the Company or its businesses, Associates, customers, and suppliers is confidential. As a Company Associate, executive or director, you are trusted with confidential information. You are only to use such confidential information for the business purpose intended and not for personal gain. You may not share or “tip” confidential information with anyone outside the Company (except for the Company’s professional advisors), including family and friends, or with other Associates who do not need the information to carry out their duties. This is true whether the information is contained in paper records, computer files, or simply verbally communicated to the Associate. No Companyrelated information, including, without limitation, documents, notes, files, images, records, drawings, photos, oral information, and computer files, or similar materials may be removed from the Company’s premises without permission from the Company. Additionally, the contents of Company records or information otherwise obtained in regard to business may not be disclosed to anyone, except where required for a business purpose. Associates, executives, and directors must not disclose any confidential information, purposefully or inadvertently (through casual conversation), to any unauthorized person inside or outside the Company. Associates who are unsure about the confidential nature of specific information must ask their manager for clarification. Associates, executives, and directors will be subject to appropriate disciplinary action, up to and including termination, for knowingly or unknowingly revealing information of a confidential nature. Associates are required to sign and are subject to the terms of the Company’s Code of Business Conduct and Ethics Policy. In addition, all Associates are instructed not to discuss with or make statements to anyone regarding Company policies and procedures, or information about an emergency condition. False or incorrect information can be misleading and damaging. The only people authorized to make statements to the media are the Owners, Vice President of Sales & Marketing or the Executive Vice President of Human Resources. You remain under an obligation to keep all information confidential even if your employment ends. Corporate Opportunities Using confidential information about the Company or its businesses, Associates, executives, directors, customers, consumers, or suppliers for personal benefit or disclosing such information to others outside your normal duties is prohibited. All non-public information about the Company is confidential. Associates, executives, and directors are prohibited from:
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• • • •
Personally benefiting from opportunities that are discovered through the use of the Company property, contacts, information or position; Accepting employment or engaging in business (including consulting or similar arrangements) while employed by the Company that may conflict with the performance of your duties or the Company’s interest; Soliciting, demanding, accepting or agreeing to accept anything of value from any person in conjunction with the performance of your employment or duties at the Company; and Acting on behalf of the Company in any transaction in which you or your immediate family has a significant direct or indirect financial interest.
Acceptance of Gifts Associates are prohibited from soliciting cash, gratuities, gifts, entertainment or other benefits from any person or entity doing business or potential business with the Company. Associates should not accept gifts of significant value or lavish entertainment. Special care must be taken to avoid even the impression of a conflict of interest. An Associate may entertain potential or actual customers if such entertainment is consistent with accepted business practices, does not violate any law or generally accepted ethical standards, and the public disclosure of facts will not embarrass the Company. Any gifts should be disclosed to your Supervisor immediately. If you are unclear of the appropriateness, please contact your Supervisor. Associates found in violation of this policy will be subjected to immediate disciplinary action, up to and including termination of employment. Fair Dealing Every Associate, executive, and director should endeavor to deal fairly with the Company’s customers, suppliers, competitors, and Associates, and should not take unfair advantage of another party through manipulation, concealment, abuse of privileged information, misrepresentation of material facts, or any other unfair-dealing practices. Associates must disclose prior to or at their time of hire the existence of any employment agreement, non-compete or non-solicitation agreement, confidentiality or similar agreement with a former employer that in any way restricts or prohibits the performance of any duties or responsibilities of their positions with the Company. Copies of such agreements should be provided to the Company to permit evaluation of the agreement in light of the Associate’s position. In no event shall an Associate use any trade secrets, proprietary information or other similar property acquired in the course of his or her employment with another employer in the performance of his or her duties for or on behalf of the Company. Covering Up Mistakes; Falsifying Records Mistakes should never be covered up; they should be immediately and fully disclosed to appropriate members of management. Falsification of any Company record, by an Associate, client, or third party is prohibited.
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Fair Competition The Company must comply with all applicable fair competition and antitrust laws. These laws attempt to ensure that businesses compete fairly and honestly and prohibit conduct seeking to reduce or restrain competition. Reporting Violations Any Associate, executive, or director who becomes aware or suspicious of any violation of this Code is required to contact Human Resources as soon as practicable. Violations or suspected violations may be disclosed in writing, telephonically, or in person. Violations reported are maintained confidential to the extent consistent with adequate investigation and appropriate action. Contact information for Human Resources is as follows: 19501 Biscayne Blvd, Suite 400 Aventura, FL 33180 305-937-6200 Conclusion Each of the Company’s Associates, executives, and directors is the guardian of the Company’s ethics and reputation. Associates, executives, and directors are encouraged to talk to supervisors, managers, or other appropriate personnel when in doubt about the best and ethical course of action in a particular situation. While there are no universal rules, when in doubt ask yourself the following questions: • • • •
Will my actions be ethical in every respect and fully comply with the law and with the Company’s policies? Will my actions have the appearance of impropriety? Will my actions be questioned by my supervisors, Associates, clients, family or the general public? Am I trying to fool anyone, including myself, as to the propriety of my actions?
If you are uncomfortable with your answer to the above questions, you should not take the contemplated actions without first discussing them with appropriate management. B.5.
OUTSIDE EMPLOYMENT
Associates are required to obtain written approval from their supervisor before participating in outside work activities. Approval will be granted unless the activity conflicts with the Company’s interest. In general, outside work activities are not allowed when they: • • • •
Occur while the Associate is on a leave of absence; Prevent the Associate from fully performing work for which he or she is employed at the Company, including overtime assignments; Involve organizations that are doing or seek to do business with the Company, including actual or potential vendors or customers; or Violate provisions of law or the Company’s policies or rules.
From time to time, Associates may be required to work beyond their normally scheduled hours. Associates must perform this work when requested. In cases of conflict with any
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outside activity, the Associate’s obligations to the Company must be given priority. Associates are hired and continue employment with the understanding that the Company is their primary employer and that other employment or commercial involvement, which is in conflict with the business interests of the Company, is strictly prohibited. B.6.
ETHICAL COMMUNICATIONS POLICY
All Associates must abide by a code of wholly ethical communications with peers, supervisors, Associates, vendors, and customers. Ethical communication enhances human worth and dignity by fostering truthfulness, fairness, responsibility, personal integrity, and respect for self and for others. As such, the following rules should be expressly followed to avoid violating such code: a) Communicate any and all concerns regarding another’s behavior directly with the individual. Sharing such concerns with others that do not have a legitimate reason to know such concerns may quickly amount to gossip – one of the most damaging practices in any workplace; b) Avoid argumentative tones and comments. Associates should state their position clearly and factually in a normal tone, allowing the other individual an opportunity to share her or his position, and inviting open discussion regarding both such positions; c) Honesty is always the best procedure. It is critical that Associates never engage in deceit, exaggeration, or express dishonesty when dealing with other individuals. While some communication may be extremely difficult to have, Associates are always expected to provide them in a candid but respectful, manner; and d) Respect issues of confidentiality. Associates of Turnberry Associates will be faced with topics of great confidentiality at times and, as such must avoid sharing any such information with anyone not intended to be part of such confidentiality. This procedure speaks only to issues of confidentiality related exclusively to the Turnberry Associates’ purpose and mission and should not be interpreted to include gossip, personal information, and other topics not related to Turnberry Associates itself. Any Associate found violating any portion of this procedure may be subject to disciplinary action, up to and including termination. B.7.
EXTERNAL COMMUNICATION
All contacts from the media (e.g. newspapers, television stations, radio stations, magazines, or other periodicals) are to be referred without comment to the Owners, Vice President of Sales & Marketing or the Executive Vice President of Human Resources. No other Associate is authorized to give statements to any representative of the media. If approached by the media, you should politely decline to comment by stating that you are not authorized to speak to the media and that you will forward the inquiry to the appropriate corporate representative for a response. In a similar manner, no Associate other than the EVP, Chief Financial Officer is authorized to respond to any form of unsolicited inquiries, telephone calls or electronic communications (including e-mail and all internet message boards) regarding the Company’s financial Rev. 2015
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performance or operating strategies. All such inquiries should immediately be forwarded to, or brought to the attention of EVP, Chief Financial Officer. At times, the Company may receive inquiries from governmental authorities in the normal course of business. Associates are not expected to, not should they, handle such inquiries without seeking assistance from appropriate personnel within the Company. If an Associate or supervisor is contacted by any governmental agency or authority in regard to Company business, then such Associate or supervisor should immediately refer the governmental authorities to the Executive Vice President of Human Resources and the General Counsel of the Company. Also, if an Associate or supervisor is contacted by an attorney outside the Company in regard to Company business, then such Associate or supervisor should immediately refer such attorney to the General Counsel of the Company.
C.
EMPLOYMENT
C.1.
INITIAL EMPLOYMENT PERIOD
Every new Associate goes through an initial period of employment in order to learn about the Company and about his or her job. During this time the Associate will have an opportunity to find out if he or she is suited to, and likes, his or her new position. Additionally, the initial employment period gives the Associate's supervisor a reasonable period of time to evaluate his or her performance. The initial employment period is three (3) months. During this time, the new Associate will be provided with training and guidance from his or her Supervisor. He or she may be discharged for any reason, at any time during this period if his or her Supervisor concludes that he or she is not progressing or performing satisfactorily. Under appropriate circumstances, the initial employment period may be extended. Additionally, as is true at all times during an Associate’s employment with the Company even after completion of the initial employment period, employment is not for any specific duration and may be terminated at-will, with or without cause and without prior notice. At the end of the initial employment period, the Associate and his or her supervisor may discuss his or her performance. Provided his or her job performance is "satisfactory" at the end of the initial employment period, he or she will continue their employment as an at-will Associate. C.2.
ASSOCIATE CATEGORIES
Based on the conditions of employment, Associates of the Company fall into the following categories: Full-Time: Rev. 2015
An Associate who consistently works a minimum of 30 hours per week. 11
Part-Time:
Associates are who consistently work less than 30 hours per week.
Temporary:
Associates, who work for a specified project or time frame, typically up to six (6) months. Temporary Associates are not entitled to receive additional compensation or benefits.
Exempt:
Associates are not eligible for overtime as indicated by the Fair Labor Standards Act.
Non-Exempt:
Associates who are subject to overtime provisions of the Fair Labor Standards Act.
C.3.
TRANSFERS AND PROMOTIONS
The Company encourages Associates to assume higher-level positions or lateral transfers for which they qualify. Generally, Associates must be in their job for at least six (6) months before applying for a change in a position. In addition, Associates must meet all job qualifications and have a good job performance and attendance record. Associates requesting a transfer will be considered for the new position along with all other applicants. Each transfer is judged on an individual basis, depending on the needs of both departments involved. Management will make all final decisions regarding transfers, in conjunction with Human Resources. Associates who wish to apply for a transfer should discuss it first with their supervisor and Human Resources so that it may be determined if their skills fit the requirements of the desired job. Associates should also feel free to discuss their career aspirations with their supervisor or Human Resources at any time. If an Associate meets the criteria for the position, Human Resources will make arrangements to set up an exploratory interview with the other department. Inter-company Transfers Associates eligibility for inter-company transfers will be determined by the requirements of the new job. In addition, to be considered, Associates must have held their current position for at least 1 year, have a satisfactory performance and attendance record, and have no disciplinary actions during the same period. Interested Associates must apply via the application process of the recruiting property. If an Associate wishes to formally apply for a vacancy, the Associate must complete the Intercompany Transfer Form and have it approved by their supervisor and their property’s Human Resources. The Associate must also inform their supervisor and Human Resources of the details of any interviews.
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The recruitment process may be stopped at any time if the Associate fails to notify his/her supervisor of any details related to the application and interview. Transferred Associates will be subject to the provisions of the probationary period policy in their new positions. C.4.
PERSONNEL RECORDS
All personnel records are the sole and exclusive property of the Company. Associates are permitted to review the content of their personnel files in the presence of the Associate’s supervisor but may not secure copies of such documents. Associates should promptly notify the Company of any changes in personnel data. It is extremely important that you keep us informed with up-to-date records to help us reach you in the following situations: an emergency, forwarding your mail, W-2 mailing, computing accurate tax deductions, maintaining your insurance and other benefits. It is the responsibility of every Associate to update the following records through Turnberry-I at www.turnberry-i.com including: • • • •
Name; Address and/or telephone number; Marital status; and W-4 deductions.
It is the responsibility of every Associate to notify Human Resources of any changes in: • • • •
Educational accomplishments; Number of eligible dependents; Emergency contact information; and Immigration work status.
D.
COMPENSATION
D.1.
PERFORMANCE MANAGEMENT AND COMPENSATION PROGRAMS
In order to attract and retain a highly qualified and competent work force, the Company has instituted a performance management program to compensate Associates in a fair and equitable manner based upon demonstrated job performance, and in accordance with its Equal Employment Opportunity policy. Through this program Associates receive constructive work reviews designed to address performance and skill needs as well as career development and interests.
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Full-time and part-time Associates should typically receive an annual performance review every calendar year on a specific date along with all other Associates in their department. At that time, Associates typically become eligible for consideration of a salary review. D.2.
PAYMENT OF SALARY
Paychecks are typically distributed every other Friday. The Company will hand out paychecks to each Associate. All other arrangements for mailing or pick-up must be made in advance and in writing with Human Resources. If the normal payday falls on a Company-recognized holiday, paychecks will be distributed one (1) workday prior to the aforementioned schedule. Associates, at their option, may be paid by check or through a direct deposit of funds to either a savings or checking account at their bank of choice (providing the bank has direct deposit capability). To enroll in direct deposit, you should access Turnberry-I at www.turnberry-i.com. Due to banking requirements it takes two (2) pay periods for activation of the direct deposit. In the event of a lost paycheck, Human Resources must be notified as soon as possible before a replacement check can be issued. In the event the lost paycheck is recovered and the Company identifies the endorsement as that of the Associate, the Associate must remit the amount of the replacement check to the Company within 24 hours of the time it is demanded. A statement of earnings is given each pay period to Associates indicating: • • • •
Gross pay; Statutory deductions; Voluntary deductions; and Benefit time accruals.
The number of exemptions claimed on Form W-4 “Associate’s Withholding Allowance Certificate” affects the amount of Federal withholding. If an Associate's marital status changes or the number of exemptions previously claimed increases or decreases, the Associate should update this information in Turnberry-I at www.turnberry-i.com. D.3.
POLICY ON DEDUCTIONS FROM SALARIES
General Policy - This policy applies to salaried, overtime ineligible Associates only. Subject to the exceptions provided below, a salaried, overtime ineligible Associate will receive his or her full salary for any workweek in which the Associate performs any work without regard to the number of days or hours worked. Thus, for instance, if a salaried, overtime ineligible Associate is ready, willing, and able to work, his or her salary will not be reduced for time when work is unavailable. Additionally, no deductions will be made for absences due to jury duty, attendance as a witness, or temporary military leave, but the company may offset against salaries amounts an Associate receives for jury duty, attendance as a witness, or military leave.
Rev. 2015
14
Exceptions to General Policy 1) Salaried, overtime ineligible Associates will receive no salary for workweeks in which they perform no work. (Such workweeks may be covered by vacation or other paid time off policies, however.); 2) Deductions from salaries may be made when a salaried, overtime ineligible Associate is absent from work for one (1) or more full days for personal reasons, other than sickness or disability; 3) Deductions from salaries may be made for full or partial day absences due to sickness or disability (including work-related accidents) if the deductions are made in accordance with the company’s plan, policy, or practice of providing compensation for loss of salary due to sickness or disability. Note that such deductions may be made before the Associate qualifies for such sick or disability pay, and also may be made after the Associate exhausts all sick or disability pay benefits; 4) Deductions from salaries may be imposed in good faith for violations of safety rules of major significance, such as rules designed to prevent serious danger in the workplace or to other Associates; 5) Deductions from salaries may be made for unpaid disciplinary suspensions of one (1) or more full days imposed in good faith for violations of workplace conduct rules; 6) Full salaries are not due for the week in which an Associate starts work or in which his or her employment is terminated if he or she does not work a full week during such weeks. The Associate will receive a proportionate amount of his or her full salary, however, to cover time actually worked; and 7) Deductions in full- or partial-day increments may be made when an Associate takes unpaid leave pursuant to the Family Medical Leave Act. To Report Concerns If you have questions about deductions and or garnishments from your pay, please immediately contact Human Resources. If you believe you have been subject to any improper deductions or your pay does not accurately reflect your hours worked, you should immediately report the matter to your supervisor. If your supervisor is unavailable or if you believe it would be inappropriate to contact that person (or if you have not received a prompt and fully acceptable reply), you should immediately contact Human Resources. Every report will be fully investigated and corrective action will be taken where appropriate, up to and including discharge for any Associate(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 will result in disciplinary action, up to and including discharge. D.4.
OVERTIME PAY
Depending on the Company’s work needs, a non-exempt Associate will be required to work overtime when requested to do so by their supervisor. However, non-exempt Associates cannot, at their own discretion, work overtime without prior approval from their supervisor. Associates working overtime without approval will be subject to disciplinary action.
Rev. 2015
15
Unless otherwise mandated by the state in which you work, Associates defined as non-exempt under the applicable wage and hour laws, are typically paid at the Associate’s regular hourly rate for the first 40 hours in a scheduled workweek. If a non-exempt Associate works more than 40 hours in one (1) workweek, all additional hours worked are paid at a rate of 1½ times the Associate's hourly rate. Paid time off for holidays, vacation time, flex time, bereavement and jury duty pay will not be counted as hours worked for the purposes of determining overtime. Consult with Human Resources if you have any specific questions regarding overtime pay in your state. D.5.
TIME RECORDS
The attendance of all Associates is recorded daily by each department and is submitted to the Payroll Department bi-weekly. Time records must be submitted to the Payroll Department by 10:00 a.m. the Monday preceding payday in order for an Associate's pay to be processed. Attendance records are Company property, and care must be exercised in recording hours worked, overtime hours, and absences. Associates are not to clock or sign in or out for other Associates. Once an Associate clocks or signs in, work is to commence immediately. Failure to do so is considered falsification of timekeeping records. Violations of this policy may result in appropriate disciplinary action, up to and including immediate discharge. All non-exempt Associates who are not using a time clock, must record the time they began work and the time they ended work, each day, on his or her time record. Each Associate is responsible for his or her own record keeping. Non-exempt Associates should not sign in more than 7 minutes prior to their regular starting time or 7 minutes after their regular ending time unless they have been pre-approved for overtime pay. If an Associate forgets to clock, sign in or out, or record their hours worked he or she must notify his or her supervisor or office manager immediately so that time may be accurately recorded for payroll. Exempt Associates may be required to track hours worked; and, for payroll purposes exempt Associates must account for days worked and time off from work on their bi-weekly attendance record. D.6.
MEAL BREAKS
All full-time Associates are provided with one (1) meal period each workday. Supervisors will schedule meal periods to accommodate operating requirements. Meal breaks for office staff are one (1) hour. Other businesses, however, may have specific time limits, please consult with your supervisor for clarification. Associates will be relieved of all active job duties and responsibilities during meal periods and will not be compensated for that time Rev. 2015
16
D.7.
ASSOCIATE REFERRAL PROGRAM
The Company appreciates recommendations made by existing Associates of qualified experienced, candidates. If you are an active Associate and you recommend a candidate who is hired on a full-time/regular basis, you may be eligible to receive a referral bonus. The Company, however, must employ your referral, for at least 180 days and in good standing. This referral bonus may be changed from time to time depending on existing market conditions. The current referral bonus is $1,000.00 per hire at the Corporate Office or $100.00 per hire at any other property. PLEASE NOTE: Human Resources Associates are not eligible for this benefit. Hiring Managers/Supervisors are not eligible for a referral bonus if the position is in their department.
E.
TIME OFF FROM WORK
E1.
VACATION
Full time Associates are eligible for paid vacation time based on their length of service with the Company. Vacation time increases based on completed years of service as follows. Important note, the vacation plan differs for Associates with a 10-hour/4-day work schedule. Please see Human Resources for specific plan details. Completed Years of Service
Vacation
1
10 days
5
15 days
10+
20 days
Vacation Advance With the exception of Associates in their first calendar year of employment, all full time Associates are advanced their annual calendar year entitlement on January 1st of each calendar year. Associates earn a portion of their annual vacation amount each month from January 1st through October 31st.
Rev. 2015
17
The number of days earned each month depends on the Associate’s eligible vacation amount as described below: Completed Years of Service
Vacation Days Earned Each Month
1
1 day per month for 10 months
5
1.5 days per month for 10 months
10+
2 days per month for 10 months
Newly-hired Associates can take earned vacation time after completing six (6) months of service with written approval from their Supervisor. The following chart illustrates eligibility of vacation days for new hires: Hire Month January
Six Month Anniversary July
February
August
10
10
March
September
9
10
April
October
8
10
May
November
7
10
June
December
6
10
July
January
5
10
August
February
4
10
September
March
3
10
October
April
2
10
November
May
1
10
December
June
0
10
Rev. 2015
Days Earned in Current Year 10
Days Earned in Following Year 10
18
The following chart illustrates eligibility of vacation days for Associates who have reached their 5th and 10th year of service. For example, if you were hired on August 1, 2015 you would be eligible for 12 days of prorated vacation on January 1, 2020. Then, on January 1, 2021 you would be eligible for the full 15 days of vacation. Hire Month
5th Year
10th Year
January
15
20
February
15
20
14.5
19.5
April
14
19
May
13.5
18.5
June
13
18
July
12.5
17.5
12
17
11.5
16.5
11
16
November
10.5
15.5
December
10
15
March
August September October
Will I be able to carryover my vacation from one (1) calendar year to another? Vacation time must be taken within the applicable vacation year and may not be carried over to the next year except for the following reasons: • •
Your Supervisor requests that you postpone your vacation due to compelling business reasons (carryover for this reason must be approved by a member of the Executive Team and Human Resources); or You are a newly-hired Associate who earned vacation time in their first calendar year of employment.
What happens if I leave the Company? Associates who leave the Company are paid for vacation days that are earned and unused up through the month of termination. If you use vacation time that you have not earned you will be required to pay this amount back on your last paycheck. The Company will only compensate Associates for unused earned vacation time when the Associate works through the notice period, and is not terminated for gross misconduct or cause; otherwise, unused earned vacation will be forfeited. What happens if I transfer from a related Turnberry entity or related business? Vacation time for transfers is also based on years of service for the calendar year. Transfers within Shopping Center Management (SCM) will not alter the Vacation Time Policy. If transferring to a Turnberry entity outside of Shopping Center Management (SCM) vacation time will be adjusted accordingly to the receiving company’s paid time off benefit program. Rev. 2015
19
Scheduling Vacation Vacations may be scheduled at any time during the calendar year. An Associate’s immediate Supervisor approves vacation schedules in advance, including requests for individual vacation days. A Supervisor may ask an Associate to reschedule for compelling business reasons. All vacation requests must be submitted to Human Resources two (2) weeks prior to scheduled vacation time. The Company retains the discretion to deny vacation requests based upon operational needs. Vacation time will be paid in full or half days only. E.2.
FLEXIBLE DAYS
The Flexible (Flex) Days Policy is designed to provide protection to Associates against loss of income during unavoidable illness, injury or for personal reasons. All full-time Associates who have been employed by the Company for more than one (1) calendar year are eligible for five (5) paid flexible days per year, to be used for illness, doctor's visits, religious observance, moving, etc. Flexible Days are not available until the Associate has been employed by the Company for at least three (3) months. If the Company has questions about the nature or length of an Associate's illness, a written certification from a physician or licensed health care professional may be required. During the first calendar year of employment, flexible days are calculated based on the following schedule. Important note, the flexible days plan differs for Associates with a 10hour/4-day work schedule. Please see Human Resources for specific plan details. Month Hired
Flexible (Flex) Days
Jan, Feb, March
4 days
April, May, June
3 days
July, August, September
2 days
October, November, December
1 day
With the exception of Associates in their first calendar year of employment, all full time Associates are advanced their annual calendar year entitlement on January 1 of each calendar year. Associates earn ½ a flex day each month from January through October. The Company allows Associates to carryover 5 flex days from year to year with a maximum of 10 flex days allowed at any time. Associates who leave the Company are paid for flexible days that are earned and unused up through the month of termination. If you use time that you have not earned you will be required to pay this amount back on your last pay check. The Company will only compensate Associates for unused earned flex time when the Associate works through the notice period, and is not terminated for gross misconduct or cause; otherwise, unused earned flex time will be forfeited. Flex time will be paid in full or half days only. Rev. 2015
20
E.3.
HOLIDAYS
All full time active Associates (including those in their initial employment period) are eligible for six (6) paid holidays per year as follows: New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and Christmas Day If a recognized holiday falls during a scheduled vacation, holiday pay will be provided instead of vacation pay that would otherwise have applied. If non-exempt Associate works on a recognized holiday, they will receive holiday pay plus wages at their straight-time rate for the hours worked on the holiday. Paid time off for holidays will not be counted as hours worked for the purposes of determining overtime. If a non-exempt Associate is required to work on a Company recognized holiday, he or she would receive a day off with pay which must be taken within 30 days after the holiday. E.4.
BEREAVEMENT LEAVE
In the unfortunate event of a death in the immediate family, a leave of absence of up to three (3) days with pay will be granted. These three (3) days are to be taken consecutively within a reasonable time of the day of the death or day of the funeral. For this purpose, immediate family is defined as: Spouse, Child, Parents, In-laws, Step-Parents, Step-Children, Siblings and Grandparents. Associates should make their supervisor aware of their situation. In turn, the supervisor should notify Human Resources of the reason and length of the Associate's absence. Upon returning to work, the Associate must record his or her absence as Bereavement Time on his or her Benefit Time Request. Proof of death and relationship to the deceased may be required. E.5.
JURY DUTY
A leave of absence for jury duty will be granted to any full time or part time Associate who has been notified to serve. During this leave, Associates will be compensated by payment of an amount equal to the difference between their jury duty pay and their regular salary. An Associate on jury duty is expected to report to work any day he or she is excused from jury duty. Upon receipt of the notice to serve jury duty, the Associate should immediately notify his or her supervisor, as well as Human Resources. Additionally, a copy of the notice to serve jury duty should be attached to the Associate's Benefit Time Request for attendance purposes.
Rev. 2015
21
Upon the Associate's return, the Associate must notify Human Resources and must submit a signed Certificate of Jury Service indicating the number of days served. If the jury duty falls at a time when the Associate cannot be away from work, the Company may request that the court allow the Associate to choose a more convenient time to serve if he or she makes a request in accordance with the court's procedures. The Associate must cooperate with this request. E.6.
MILITARY LEAVE
Turnberry will grant a military leave of absence to Associates who are absent from work because of military service in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA). Advance notice of military service is required, unless military necessity prevents such notice or it is otherwise impossible or unreasonable. The leave will be unpaid, however, Associates on military leave may substitute their accrued paid leave time for unpaid leave. Associates whose military service was for more than 30 days must provide documentation within two (2) weeks of his/her return (unless such documentation does not yet exist or is not readily available) showing the following: (A) the application for reemployment is timely (i.e., submitted within the required time period); (B) the period of service has not exceeded five (5) years; and (C) the Associate received an honorable or general discharge. See Human Resources for more information about Military Leave. E.7.
LEAVE UNDER THE FAMILY AND MEDICAL LEAVE ACT ("FMLA")
The Family and Medical Leave Act (FMLA) offers eligible Associates up to 12 weeks (or up to 26 weeks of military caregiver leave to care for a covered service member with a serious injury or illness) of unpaid leave for family and medical reasons. In some locations, although not legally required, the Company extends the same benefits offered by FMLA on a voluntary basis. To qualify to take family or medical leave under this policy, the Associate must meet all of the following conditions: 1) The Associate must have worked for the company for 12 months or 52 weeks; 2) The Associate must have worked at least 1,250 hours during the 12-month period immediately before the date when the leave is requested to commence; and 3) The Associate must work in a worksite where 50 or more Associates are employed by the company within 75 miles of that office or worksite. The Associate must take leave for one of the reasons listed below in order for leave to qualify as FMLA leave: 1) The birth of an Associate’s child and in order to care for that child; 2) The placement of a child with the Associate for adoption or foster care or to care for the newly placed child; Rev. 2015
22
3) To care for the Associate's spouse, child or parent (but not in-law) with a serious health condition (described below); and/or 4) The Associate's own serious health condition (described below); 5) Qualifying exigency leave for families of members of the National Guard and Reserves when the covered military member is on active duty or called to active duty in support of a contingency operation; 6) Military caregiver leave to care for an ill or injured service member. Serious Health Condition A serious health condition is defined as a condition that requires inpatient care at a hospital, hospice, or residential medical care facility, including any period of incapacity or any subsequent treatment in connection with such inpatient care or a condition that requires continuing care by a licensed health care provider. Associates with questions about what illnesses are covered under this FMLA policy are encouraged to consult with Human Resources. Qualifying Exigency Leave An Associate whose spouse, son, daughter, or parent either has been notified of an impending call or order to active military duty or who is already on active duty may take up to 12 weeks of leave for reasons related to or affected by the family member’s call-up or service. The qualifying exigency must be one of the following: 1) 2) 3) 4) 5) 6) 7) 8)
Short-notice deployment; Military events and activities; Child care and school activities; Financial and legal arrangements; Counseling; Rest and recuperation; Post-deployment activities; and Additional activities that arise out of active duty provided that the employer and Associate agree, including agreement on timing and duration of the leave.
How Much FMLA Leave May Be Taken Eligible Associates are entitled up to 12 workweeks of unpaid leave during a 12-month period for any FMLA qualifying reason(s). The 12-month period is a rolling twelve 12-month period measured backward from the date an Associate uses any FMLA leave. An eligible Associate can take up to 26 weeks for the military caregiver leave during a single 12month period. For this military caregiver leave, the company will measure the 12-month period as a rolling 12-month period measured forward. FMLA leave already taken for other FMLA circumstances will be deducted from the total of 26 weeks available. Limitations on FMLA Leave • Leave to care for a newborn or for a newly placed child must end within 12 months after the birth or placement of the child; • When both parents are employed by the Company, they are together entitled to a combined total of 12 workweeks of FMLA leave within the designated 12-month period Rev. 2015
23
•
for the birth, adoption or foster care placement of a child with the Associate, for aftercare of the newborn or newly placed child, and to care for a parent (but not in-law) with a serious health condition. Each parent may be entitled to additional FMLA leave for other FMLA qualifying reasons (i.e., the difference between the leave taken individually for any of the above reasons and 12 workweeks, but not more than a total of 12 workweeks per person). For example, if each parent took six (6) weeks of leave to care for a newborn child, each could later use an additional six (6) weeks due to his or her own serious health condition or to care for a child with a serious health condition; If two (2) people both work for the company and each wishes to take leave to care for the same covered injured or ill service member, each Associate may take a combined total of 26 weeks of leave.
Intermittent or Reduced Work Schedule Leave Intermittent leave is leave taken in separate blocks of time. A reduced work schedule leave is: a leave schedule that reduces an Associate's usual number of hours per workweek or hours per workday. Leave to care for a newborn or for a newly placed child must be taken all at once and may not be taken intermittently or on a reduced work schedule. Leave because of an Associate's own serious health condition, or to care for an Associate's spouse, child or parent with a serious health condition, may be taken all at once or, where medically necessary, intermittently or on a reduced work schedule. If an Associate takes leave intermittently or on a reduced work schedule basis, the Associate must, when requested, attempt to schedule the leave so as not to unduly disrupt the Company’s operations. When an Associate takes intermittent or reduced work schedule leave for foreseeable planned medical treatment, the Company may temporarily transfer the Associate to an alternative position with equivalent pay and benefits for which the Associate is qualified and which better accommodates recurring periods of leave. Requests for FMLA Leave All Associates requesting FMLA leave must provide verbal or written notice of the need for the leave to Human Resources. Human Resources will promptly complete and provide the Associate with the Department of Labor Notice of Eligibility and Rights. When leave is anticipated (i.e.: for childbirth, placement of a child or planned medical treatment for the Associate's or family member's serious health condition), the Associate must provide the Company with at least 30 days advance notice. When the timing of the leave is not expected, the Associate must provide the Company with notice of the need for leave as soon as practical (i.e., within 1 or 2 business days of learning of the need for the leave). Required Documentation The Company will require certification for the Associate’s serious health condition. The Associate must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of Rev. 2015
24
continuation of leave. Medical certification will be provided using the Department of Labor Certification of Health Care Provider for Associate’s Serious Health Condition. The company has the right to ask for a second opinion if it has reason to doubt the certification. The company will pay for the Associate to get a certification from a second doctor, which the company will select. The company may deny FMLA leave to an Associate who refuses to release relevant medical records to the health care provider designated to provide a second or third opinion. If necessary to resolve a conflict between the original certification and the second opinion, the company will require the opinion of a third doctor. The company and the Associate will mutually select the third doctor, and the company will pay for the opinion. This third opinion will be considered final. The Company will require certification for the family member’s serious health condition. The Associate must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. Medical certification will be provided using the Department of Labor Certification of Health Care Provider for Family Member’s Serious Health Condition. During FMLA leave, the Company may request that the Associate provide re-certification of a serious health condition no more frequently than every 30 days and only when circumstances have changed significantly, or if the employer receives information casting doubt on the reason for the absence, or if the Associate seeks an extension of his or her leave. On a basis that does not discriminate against Associates on FMLA leave, the Company may require an Associate on FMLA leave to report periodically on the Associate’s status and intent to return to work. Before the Associate returns to work from FMLA for the Associate's own serious health condition, the Associate may be required to submit a fitness for duty certification from the Associate's health care provider, with respect to the condition for which the leave was taken, stating that the Associate is able to resume work. FMLA leave or return to work may be delayed or denied if the appropriate documentation is not provided in a timely manner. Also, a failure to provide requested documentation of the reason for an absence from work may lead to termination of employment. Certification of Qualifying Exigency for Military Leave The Company will require certification of the qualifying exigency for military family leave. The Associate must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a denial of continuation of leave. This certification will be provided using the Department of Labor Certification of Qualifying Exigency for Military Family Leave. Certification for Serious Injury or Illness of Covered Service Member for Military Family Leave The Company will require certification for the serious injury or illness of the covered service member. The Associate must respond to such a request within 15 days of the request or provide a reasonable explanation for the delay. Failure to provide certification may result in a Rev. 2015
25
denial of continuation of leave. This certification will be provided using the Department of Labor Certification for Serious Injury or Illness of Covered Service Member. Use of Paid and Unpaid Leave FMLA provides eligible Associate with up to 12 workweeks of unpaid leave. If an Associate has accrued paid leave (e.g. vacation, flexible time), the Associate must use all qualifying paid leave first. This will run concurrent with FMLA. The remainder of the 12 workweeks of leave, if any, will be unpaid FMLA leave. Any paid leave used for an FMLA qualifying reason will be charged against the Associate's entitlement to FMLA leave. This includes leave for disability or workers' compensation injury/illness, provided that the leave meets FMLA requirements. The substitution of paid leave for unpaid leave does not extend the 12-workweek leave period. Designation of Leave Within five (5) business days after the Associate has submitted the appropriate certification form, Human Resources will complete and provide the Associate with a written response to the Associate’s request for FMLA leave using the Department of Labor Designation Notice. Maintenance of Health Benefits While an Associate is on leave, the company will continue the Associate’s health benefits during the leave period at the same level and under the same conditions as if the Associate had continued to work. While an Associate is out on FMLA, the Associate is still responsible for their portion of health insurance premiums. The Associate may pay the premiums at the same time payroll deductions are taken from active Associates or they may choose to prepay premiums. If the Associate's payment premium is more than 30 days late, The Company may discontinue health insurance coverage upon 15-days notice to the Associate. If coverage is discontinued and the Associate returns from FMLA leave, the Associate may not be required to meet any qualification requirements imposed by the group health plan (e.g., waiting period or medical examination). Return from FMLA Leave Upon return from FMLA leave, the Company will place the Associate in the same position the Associate held before the leave or an equivalent position with equivalent pay, benefits and other employment terms. The annual review date will be re-evaluated based on the amount of FMLA leave taken. Limitations on Reinstatement An Associate is entitled to reinstatement only if he or she would have continued to work if FMLA leave had not been taken. Therefore, an Associate is not entitled to reinstatement if, because of a layoff, reduction in force or other reason, the Associate would not be employed at the time job reinstatement is sought after. The Company reserves the right to deny reinstatement to salaried, eligible Associates who are among the highest paid 10 percent of the Company’s Associates employed within 75 miles of the worksite ("key Associates") if such denial is necessary to prevent substantial and grievous economic injury to the Company’s operations.
Rev. 2015
26
Failure To Return To Work Following FMLA Leave If the Associate does not return to work after FMLA leave, the Associate will be considered to have voluntarily resigned. The Company may recover their portion of health insurance premiums paid on behalf of the Associate during any unpaid FMLA leave except if the Associate fails to return to work because of the Associate's or a family member's serious health condition or because of other circumstances beyond the Associate's control. In such cases, the Company may require the Associate to provide medical certification of the Associate's or the family member's serious health condition. For further information or clarification about FMLA leave, please contact Human Resources. E.8.
PERSONAL LEAVE OF ABSENCE
Should a personal situation that does not qualify for FMLA leave arise that temporarily prevents an Associate from working, he or she may be eligible for a Personal Leave of Absence without pay. Please note that Associates who have not completed their initial 90 day introductory period will not qualify for this leave. Any request for a personal leave of absence must be submitted in writing as far in advance as possible. Each occurrence will be reviewed on a case-by-case basis by the Associate’s supervisor and Human Resources. The decision to approve or not approve the leave is based on the following circumstances: • • • • •
The length of time requested; The Associate's job performance and attendance and punctuality record, the reasons for the leave; The effect the Associate's absence will have on the work in the department; The expectation that the Associate will return to work when the leave expires; and The duration of the personal leave of absence, if granted, is determined by the departmental needs.
If an Associate is granted a personal leave which does not qualify as FMLA leave, the following terms will apply: •
• • •
Rev. 2015
The Associate's insurance will continue as if they were actively working if the Associate remits payment for their portion of benefits. Should the Associate not remit payment for benefits while on leave their benefits will be cancelled and they will have the option to continue their benefits through COBRA; Unemployment Insurance benefits cannot be collected; The length of the leave will defer annual reviews and planned salary increases for an Associate; The Company cannot guarantee that an Associate's job will remain available. However, whenever possible the Company will attempt to reinstate the Associate to his or her former position or to one with similar responsibilities. If the position or a similar position is not available, the Associate will be terminated; 27
•
• E.9.
An Associate who returns to work following a personal leave will be considered as having continuous service. If an Associate does not return from the personal leave of absence, the termination date is the last day of the authorized leave period or the date the Associate notifies his or her supervisor he or she is not returning, whichever is sooner; and Associates are not to perform work for other employers while on a leave of absence.
MEDICAL LEAVE EXTENSIONS AND JOB PROTECTION DURING MEDICAL LEAVE
Periods of job-protected leave will be granted in conjunction with the Company’s other policies when required under Federal or State family and medical leave laws or as a reasonable accommodation under the Americans with Disabilities Act or an analogous State or Local disability discrimination law. The Company will decide the appropriateness of granting job protected medical leave, or extending medical leave on a case-by-case basis. In making such decisions, the Company individually assesses each situation and may consider, among other things, whether an Associate has a disability as defined by federal or state law, whether an Associate will be able to return to work within a defined period of time and the operational hardship caused by any period of leave. To assist the Company in evaluating the appropriateness of granting medical leave, Associates generally will be asked to provide documentation from their health care provider. E.10. DOMESTIC VIOLENCE LEAVE (Florida Only) The Company recognizes that issues of domestic and sexual violence may cause immense hardship for Associates. As a result, the Company provides a minimum of three (3) days of unpaid leave to any Associate who personally experiences such violence or whose immediate family member, including the Associate’s spouse, parent, or child, experiences such violence. The Associate should directly contact Human Resources to make such a request. The information shall be deemed highly confidential and shall not be shared with any other Associate at the Company. E.11. BREASTFEEDING ACCOMMODATION We recognize the needs of new mothers and provide a reasonable unpaid break time for Associates who need to express breast milk for their nursing child for up to one (1) year from the child’s date of birth. We provide private office space and/or a room that will shield the Associate from view and will be wholly free from coworker or public intrusion. If such need arises, please contact Human Resources and necessary breaks and corresponding space will be provided. E.12. RELIGIOUS EXPRESSION The Company works diligently to respect the recognized religious beliefs of its entire workforce. As such, it welcomes any requests for accommodations because of recognized beliefs that do not create an undue hardship on the Company’s ability to properly fulfill its mission. An Associate merely needs to submit a written request for a religious accommodation Rev. 2015
28
and present it to the Associate’s supervisor or to Human Resources for consideration and corresponding action. Examples of accommodations include using paid leave or leave without pay, allowing an exception to the dress and appearance code which does not impact safety or uniform requirements, or for other aspects of employment.
F.
ASSOCIATE BENEFITS
F.1.
DISCLAIMER
The Company has established a variety of Associate benefit programs designed to assist you and your eligible dependents. This portion of the Associate Handbook contains general descriptions of the benefits, which you may be entitled to. Please understand that this general explanation is not intended to, and does not, provide you with all the details of these benefits. Therefore, this Handbook does not change or otherwise interpret the terms of the official plan documents. Your rights can be determined only by referring to the full text of the official plan documents, which are available upon request by contacting Human Resources. To the extent that any of the information contained in this Handbook is inconsistent with the official plan documents, the provisions of the official plan documents will govern in all cases. Please note that nothing contained in the benefit plans described herein shall be held or construed to create a promise of employment or future benefits, or a binding contract between the Company and its Associates, retirees or their dependents, for benefits or for any other purpose. All Associates shall remain subject to the principles of employment at will to the same extent as if these plans had not been put into effect. As in the past, the Company reserves the right, in its sole and absolute discretion, to amend, modify or terminate, in whole or in part, any or all of the provisions of the benefit plans described herein at any time, including any health benefits that may be extended to retirees and their dependents. Further, the Company reserves the exclusive right, power and authority, in its sole and absolute discretion, to administer, apply and interpret the benefit plans described herein at any time, and to decide all matters arising in connection with the operation or administration of such plans. F.2.
PREMIUM ONLY PLAN
Participation in the Premium Only Plan is optional for all eligible Associates who are enrolled in our medical, dental, and/or vision insurance programs. Under the Premium Only Plan, your income will be reduced to pay your share of premiums for these insurance programs on a pretax basis. As a participant in the Plan: •
Your required share of premiums will be deducted pre-tax from your paycheck through equal payroll deductions during the plan year;
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•
• • • • •
If you undergo a change in your family status, known as a qualifying event, (as defined in the Plan document), you may make a mid-year change (i.e., you may change coverage from individual to family or from family to individual, add or delete dependents, or cancel coverage), provided you do so within 30 days from the date of the qualifying event. Please contact Human Resources to determine if the change qualifies under the plan document and IRS regulations; Each year, during “Open Enrollment” you may change your Premium Only Plan elections for the following year regardless of whether or not you have a change in family status; If premium amounts increase or decrease during the plan year, the plan administrator will automatically adjust your payroll deductions to the amount of your required contributions for the remainder of the plan year; If there is a significant increase in the cost of your health insurance premiums or a significant decrease in your health insurance coverage, you may revoke your election for health insurance coverage; Your premium elections will cease upon termination of employment; and The plan administrator may change the amount of your elections or otherwise modify this agreement if necessary to satisfy provisions of the Internal Revenue Code.
Human Resources will assist you in making the necessary arrangements for enrollment. A description of each plan is available on the intranet or you may obtain a copy by contacting Human Resources. F.3.
HEALTH, DENTAL, AND VISION INSURANCE
Regular full time Associates will be eligible to participate in the group health insurance plan, the dental plan and the vision plan on the first of the month following 60 days of service. F.4.
GROUP LIFE INSURANCE
The Company also offers regular full time Associates on the first of the month following 60 days of service, a basic group term life policy along with an accidental death and dismemberment policy. This benefit is at no expense to the Associate. Each policy generally pays a death benefit equal to twice their annual salary up to a maximum amount (as defined in the Plan document) F.5.
SUPPLEMENTAL LIFE INSURANCE
The Company also offers regular full time Associates on the first of the month following 60 days of service, supplemental life insurance for themselves, their spouse and their child(ren) at a group rate. This is a voluntary benefit and the Associate is responsible for paying 100% of the premium. F.6.
DISABILITY BENEFITS
The Company also offers regular full time Associates on the first of the month following 60 days of service, short-term and long-term disability at a group rate. This is a voluntary benefit and the Associate is responsible for paying 100% of the premium. These benefit plans provide partial pay for Associates who are unable to work due to a non-work related illness, injury, or Rev. 2015
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disability. Monthly benefits are up to a maximum amount as determined by state law and plan design. F.7.
401(k) PLAN
The Company offers a voluntary pre-tax salary deferral plan to eligible Associates. All contributions are deducted bi-weekly and as a pre-tax benefit. In order to be eligible to participate in the 401(k) Plan you must be at least 21 years of age. The terms and conditions of the 401(k) Plan are controlled by the Plan Document. Contact Human Resources for more information on the Plan. F.8.
CONTINUATION OF INSURANCE COVERAGE – COBRA
Under the Consolidated Omnibus Budget Reconciliation Act—or COBRA—you and your eligible dependents may qualify for a temporary extension of coverage under Turnberry Associates health plan. In certain circumstances, your medical, dental and vision insurance coverage may be continued at your expense. If you leave the Company or your benefits eligibility status changes due to an employment status change or other event, Human Resources will notify you in writing regarding your options for continuing coverage. Generally, eligible Associates who pay the entire insurance premium may continue coverage for at least 18 months. Visit Human Resources if you have any questions regarding continuation of coverage and benefits eligibility. F.9.
EMPLOYEE ASSISTANCE PROGRAM
Just when you think you have it figured out, along comes a challenge. But whether those challenges are big or small, your Life Assistance & Work/Life Support Program is available to help you and your family to find a solution and restore your peace of mind. The Company has entered into a contract with a Health Care Provider to provide a Life Assistance & Work/Life Support Program (“LAP”) to its Associates. The LAP will provide confidential, professional assistance to help Associates and their families resolve problems that affect their personal lives or job performance. The following are some of the services available through the LAP: • • • • • • •
Marital and family counseling; Drug and alcohol counseling; Stress management; Legal services; Childcare and Teen hotline referrals/consultation; Eldercare referrals/consultation; and Debt-free management consultations.
More specific information regarding the Employee Assistance Program is available on the intranet or by contacting Human Resources. Rev. 2015
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F.10. WORKERS’ COMPENSATION BENEFITS AND RETURN TO WORK PROGRAM The Company is covered under statutory state workers’ compensation laws. If an Associate undergoes a work-related injury or illness, they must immediately notify their supervisor and Human Resources. Negligence to report the injury immediately may lead to disqualification of benefits. If the severity of the injury/illness makes this impossible, the supervisor shall be notified immediately following initial treatment. The supervisor shall then immediately complete a First Report of accident/injury report and return it to Human Resources within 24 hours of the occurrence. Any Associate involved in a work related accident, which requires medical treatment above and beyond first-aid must first receive treatment. If the severity of the injury/illness dictates transportation to an emergency room, the Associate shall be transported immediately. The Associate must then submit to a post-accident drug screen. A post-accident alcohol test may apply. The Associate must report for testing to the designated collection site within 24 hours of the accident, if the drug and/or alcohol collection is not performed following treatment. Failure to do so will be considered a refusal to test, resulting in immediate termination. Any Associate needing further treatment as a result of an on-the-job injury/illness must be directed to a doctor and/or medical clinic. All patient status reports, work restrictions, physical therapy reports, etc., must be returned to Human Resources immediately after an appointment and your supervisor is to be informed of any change in duty status or work restrictions. All recheck and physical therapy appointments must be kept until the Associate is discharged from care. Remember, depending on the extent of your injury, it may run concurrent with FMLA. For further clarification, please contact Human Resources. Turnberry Associates has implemented a Return to Work program. The goal of the Company’s Return to Work Program is to establish transitional employment allowing Associates injured on the job to return to work following a disabling event and resume employment within their restrictions and limitations (if any). Pursuant to the program, Associates who have been authorized by their treating physicians to return to work are expected to return to work to their original position or to another transitional position designed to comply with the restrictions issued by the Associate’s doctor, if available.
G.
ON THE JOB GUIDELINES
G.1.
COMPLAINT RESOLUTION PROCEDURE
People are the most important factor in the success of Turnberry Associates. We believe that each of our carefully selected Associates is a mature and responsible adult who deserves the full respect and trust of the Company. We believe that each of you should have the Rev. 2015
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opportunity to grow and develop to your fullest extent, and that this goal can be best achieved by developing sound person-to-person relationships among all Associates. The management team at Turnberry Associates will make every effort to: • • • •
Maintain open lines of communication and help you understand what is expected of you to be a successful, contributing Associates; Provide competitive pay and benefits in order to attract and retain high quality staff; Provide safe and healthy working conditions; and Maintain a working environment that embraces individual differences, encourages individual initiative and provides opportunities for personal growth and professional development.
In return, we expect that you will: • • • • • •
Approach your work here with team spirit and a sense of cooperation; Follow organization rules and procedures; Support the key values and goals of the organization; Assume appropriate accountability for actions taken; Participate fully in efforts to continually improve your performance, your team’s or department’s performance, and the organization’s performance; and Continually learn, improve, and share your ideas so others can do the same.
The Company is committed to responding to the concerns of its Associates. To resolve misunderstandings, you should bring your concerns to our attention. If you have a concern, this is what you should do: a) First, explain your concern to your immediate supervisor. Generally, you and your supervisor will be able to resolve your problem; and b) If you do not get your concern resolved by your supervisor, or if your supervisor is the source of your concern, seek out a member of management or a representative of Human Resources to address your problem. Concerns may be expressed in person or in writing. Your concern may be such that you prefer to discuss it directly with the Executive Vice President of Human Resources. Always feel free to do so. The Company is committed to serious consideration of all Associate suggestions and concerns. G.2.
DRUG FREE WORK PLACE
Drugs and alcohol are not permitted in the workplace or on Company premises. Company premises include parking lots and other outlying areas. Use or possession of alcohol or illegal drugs on Company premises will be reported to a supervisor who will verify and report the incident to Human Resources.
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This program is designed for the benefit of our Associates to provide reasonable safety on the job and protection from offending individuals. In addition, this program attempts to meet our responsibility to the public, whom we serve. Associates in violation of the policy are subject to appropriate disciplinary action, up to and including dismissal. Additionally, the Company reserves the right to require an Associate to undergo a medical evaluation under appropriate circumstances. The ultimate goal of this policy is to balance our respect for individual privacy with our need to keep a safe, productive, drug-free environment. The Company encourages those who abuse drugs and/or alcohol to voluntarily seek help. The Company offers an Employee Assistance Program, which allows Associates and their families to find help in dealing with alcohol or drug abuse. However, it is the Associate's responsibility to seek help before drug and alcohol problems lead to disciplinary action. Testing for drugs and alcohol will be administered under the following conditions: •
•
•
Reasonable suspicion testing. If the Company believes that an Associate is using or has used drugs in violation of the employer's policy, drawn from specific visual, verbal or obvious facts that would lead a reasonable person, without any medical training but normal life experiences, to conclude the possibility of drug and/or alcohol use; Post accident and injury testing. Any Associate involved in a work related accident, which requires medical treatment, above and beyond first-aid, must first receive treatment. The Associate must then submit to a post-accident drug screen after any accident or occurrence that results in an injury on the job as defined by the Occupational Safety and Health Administration; and Post-Offer Job Applicant Screening. This will occur if the Company chooses to extend an offer of employment to a job applicant who otherwise satisfactorily meets the Company’s standards for employment. The job offer will be conditioned upon the job applicant submitting to a drug test to determine the presence of illegal drugs or alcohol abuse.
Associate who refuse to submit to drug and alcohol testing will be terminated. For more information on our Drug Free Work Place, please contact Human Resources for a copy of the policy. G.3. EDUCATIONAL, DRIVING, CRIMINAL AND EMPLOYMENT BACKGROUND SCREENING DURING EMPLOYMENT POLICY The Company must be able to employ individuals that are trustworthy and able to properly interact with key organizational partners. Associates agree, by signing the acknowledgment provision verifying agreement to this handbook, that the Company may conduct occasional criminal, employment, driving and educational backgrounds on Associates as it deems necessary to conduct its operation in a profitable and legal manner. The Company reserves the right to take any and all action it deems necessary to act upon the results of such ongoing screening.
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G.4.
PROFESSIONAL APPEARANCE
Office In order to convey an image of efficiency and professionalism, all office areas should be kept neat and orderly. The following provisions should be observed: a) Work areas should be kept as neat as possible during the regular workday and should be straightened prior to leaving at the end of the workday; b) Posters, pictures, note, etc. are not permitted on the outside of workstation panels; c) Posters, pictures, notes, etc. are permitted on the inside of workstation panels as long as they are tasteful, professional, and not offensive; d) Work-related materials are not permitted on the tops of workstation cabinets. This area should remain clear or be tastefully decorated with plants or other appropriate decorations; e) Boxes and other storage items should remain out of sight within a workstation; and f) Associates should leave public areas, such as coffee stations, conference rooms, restrooms and kitchens in a clean and orderly condition for guests and other Associates. Personal Appearance Each Associate has a direct impact on the image of the Company. The Company has established an image of professionalism and wishes each of you to reinforce this image. One of the key aspects of our image is personal appearance. First impressions are very significant in our relationship with customers and fellow Associates. Good grooming and appropriate dress is important. Because of this, the Company has a dress code to provide you with general guidelines as to what we consider appropriate and professional. Although much attention is given to the fashion world, fad and fashion are not always compatible to the professional appearance of the business environment. You are expected to use good taste in selecting the clothes you wear on the job, avoiding extreme or inappropriate styles. If you are in doubt please ask your supervisor or Human Resources. Associates should use the following guidelines: Women’s Dress (Non Uniform) Acceptable: Business-like suits, coordinated blazers and slacks, blouses/shirts and skirts, business-type dress with modest hemlines and necklines. Hair must be kept neat and clean. Examples of apparel to avoid: jeans or attire made from denim material, very short skirts or dresses, halter tops, exercise clothing, shorts, T-shirts, sweatshirts, revealing garments, tennis shoes, slippers, etc. Men’s Dress (Non Uniform) Acceptable: Business suits, blazers, sports jackets with color-coordinated slacks, shirts, and neckties.
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Examples of apparel to avoid: windbreakers, jeans or attire made from denim material, Tshirts, sweatshirts, sweatpants, torn or excessively faded clothing, tennis shoes, etc. Construction Field Personnel Acceptable: Jeans or attire made from denim material, T-shirts, tennis shoes, construction boots, color-coordinated slacks and shirt. Protective gear must always be used when Associate is out in the construction area (i.e. hard hat, foot protection-safety toe shoes, hearing, protection, warnings vests, respirators, gloves, full body harness with double-locking shock absorbing lanyard rigging). Examples of apparel to avoid: shoes which are inappropriate for field work (i.e. shoes which do not supportive of ankle, slippers,) and revealing garments. Uniformed Personnel The Company provides uniforms for Associates when the nature of the work requires special clothing. Associates are expected to care for their uniforms as they would their own clothing, keeping them clean, neat and in good condition at all times. Continual loss or excessive damage to your uniforms will result in disciplinary action. All Personnel In addition to the above, jewelry should be simple and not excessive. Jewelry must not interfere with work performance or present a safety hazard. Visible body piercing shall not be worn while on duty. Personal grooming is essential and required. Hair must be kept neat and clean. Extreme hairstyles are not appropriate for business. Beards and or mustaches must be kept short, well trimmed and moderate in style. Our dress standards will be subject to change as the need arises. It is everyone’s responsibility to consistently meet the Company standards as well as the standards of your specific department. If you are not in compliance with the dress code you may be sent home. Any situation that falls outside of these guidelines will be handled on a case-by-case basis by your immediate supervisor. G.5.
TATTOO POLICY
Associates may not have any lewd or offensive permanent marks or visible tattoos on any exposed part of the body while wearing the prescribed duty uniform. Tattoos or brands that are extremist, indecent, sexist or racist are prohibited, regardless of location on the body. Extremist tattoos or brands are those affiliated with, depicting or symbolizing extremist philosophies, organizations, or activities; those which advocate racial, gender or ethnic hatred or intolerance; advocate, create or engage in illegal discrimination based on race, color, gender, ethnicity, sexual orientation, religion or national origin; or advocate violence or other unlawful means of depriving individual rights under the U.S. Constitution or federal and state law. Indecent tattoos or brands are those that are grossly offensive to modesty, decency or propriety; shock the moral sense because of their vulgar, filthy or disgusting nature, or tendency to insight lustful thought; or tend reasonably to corrupt morals or incite libidinous Rev. 2015
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thoughts. Sexist tattoos or brands are those that advocate a philosophy that degrades or demeans a person based on gender, but that may not meet the same definition of “indecent.” Racist tattoos or brands are those that advocate a philosophy that degrades or demeans a person based on race, ethnicity or national origin. G.6.
ANTI-NEPOTISM POLICY
Members of an Associate's immediate family will be considered for employment on the basis of their qualifications. Immediate family may not be hired if employment: • • •
Creates a supervisor/subordinate relationship with a family member; Has the potential for creating an adverse impact on work performance; or Creates either an actual conflict of interest or the appearance of a conflict of interest.
This policy must also be considered when assigning, transferring, or promoting an Associate. For the purpose of this policy, immediate family includes spouse, parent, child, sibling, in-law, aunt, uncle, niece, grandparent, grandchild, and members of household. This policy also applies to individuals involved in a romantic relationship at work. The employment of relatives can cause various problems, including charges of favoritism, conflicts of interest, family discord and scheduling conflicts that work to the disadvantage of both the Company and its Associates. When a situation occurs which results in a violation of this policy (whether because of the marriage of two (2) Associates or some other circumstance), one of the Associates involved will be required to resign or otherwise be discharged. Associates will be permitted to determine which of them will resign and will be required to inform the Company of their decision within a one-month period after the violation begins. If the Associates cannot make a decision, the Company will decide in its sole discretion who will remain employed. This policy does not apply to “close relatives” who are already employed by the Company as of the effective date of this policy. This waiver, however, may not be used as a basis for further exceptions subsequent to the effective date of this policy. G.7.
ROMANTIC OR SEXUAL RELATIONSHIPS
The Company has adopted this policy in recognition of its responsibility to provide guidelines on “romantic” or sexual relationships between Associates and to caution Associates about potential problems posed by such relationships. These problems include conflict of interest, interference with productivity of work and potential charges of sexual harassment. The company recognizes the ambiguity of and the variety of meanings that can be given to the term “romantic”. It is assumed that either or both of the parties to such a relationship will appreciate the meaning of the term as it applies to either or both of them and will act in a manner consistent with this policy. Rev. 2015
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Restrictions on Associate conduct The Company does not prohibit consensual relationships between Associates, but it does impose the following restrictions: • •
All Associates must avoid romantic or sexual relationships with other Associates that create conflicts of interest, potential charges of sexual harassment, or discord or disturbances that interfere with other Associates’ productivity; and Company strongly discourages such relationships and any conduct (such as dating) between a supervisor and an Associate that is designed or may reasonably be expected to lead to the formation of a “romantic” or sexual relationship. If a romantic or sexual relationship between a supervisor and an Associate should develop, it shall be the responsibility and mandatory obligation of the supervisor promptly to disclose the existence of the relationship to the Associate’s Department Manager. The Associate may make the disclosure as well, but the burden of doing so shall be upon the supervisor;
The Department Manager shall inform Human Resources and others with a need-to-know of the existence of the relationship, including in all cases the person responsible for the Associate’s work assignments. Upon being informed or learning of the existence of such a relationship, Human Resources may take all steps that it, in its discretion, deems appropriate. At a minimum, the Associate and supervisor will not thereafter be permitted to work together on the same matters (including matters pending at the time of the disclosure the relationship is made), and the supervisor must withdraw from participation in activities or decisions (including, but not limited to, hiring, evaluations, promotions, compensation, work assignments and discipline) that may reward or disadvantage any Associate with whom the supervisor has or has had such a relationship. The Company does not intend to prevent the social interaction (such as lunches or dinners or attendance at entertainment events) that are or should be an important part or extension of the working environment; and the policy articulated above is not to be relied upon as justification or excuse for a supervisor’s refusal to engage in such social interaction with Associates. This policy shall apply without regard to gender and without regard to the sexual orientation of the participants in a relationship of the kind described. Failure to make the required disclosures or comply with a recommendation to resolve a conflict with this policy can result in discipline up to and including termination of employment. G.8.
SAFETY
Safety rules are primarily for Associate protection. Injuries impose severe burdens on Associates and their families. They often result in loss of pay and can lead to permanent disability or disfigurement. The observance of the following fundamental safety rules should impose no hardship on anyone. It will make the Company a better and safer place in which to work and with whom to do business.
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Maintaining a safe work environment requires the continuous cooperation of all Associates. The Company strongly encourages Associates to communicate with fellow Associates and their supervisor regarding safety issues. The following safety standards should be observed at all times: • • • • • • • • •
• • • •
Hands and feet must not be placed in moving machinery; Machines appearing to be electronically or mechanically unsafe must not be operated. Under such circumstances, such equipment must be locked or tagged out and the Associate must notify their supervisor immediately; Upon repairing or adjusting equipment, Associates must follow safe operating procedures such as the proper use of lockouts and safe buttons. Further, the power source to such equipment must be locked or tagged out; Associates must familiarize themselves with all firefighting and evacuation procedures. Associates should further familiarize themselves with all exits proximate to their work area. Access to firefighting equipment must be kept clear; The use of all fire extinguishers, regardless of type, must be reported to the Associate's supervisor and exchanged for a full extinguisher; Headphones and “walkman” style radios are prohibited during working hours or in Company vehicles; Extension or drop cords shall not be placed in areas where they will create tripping or other hazards; Disorderly conduct, running, or horseplay on Company premises is prohibited; Tools, personal safety, and other equipment shall be maintained in good serviceable condition. Tools must be used in a safe manner, and should not be used where they are mushroomed, broken, or badly worn. All electrical tools must be grounded, unless they are double insulated. Broken or badly worn tools should be given to the Associate's supervisor for repair or replacement; All stored materials must be stacked properly on a firm and even foundation. Stacks must not be allowed to reach a hazardous height, and where possible, stacks must be cross-tied or braced for mutual support; Waste and trash containers must be used to keep work areas clean and orderly; Aisles, hallways, and fire exits must always remain open; and All water, oil, chemicals, or grease on the floor must be removed immediately.
Failure to comply with the above safety recommendations can result in discipline up to and including termination of employment. G.9.
CONTAGIOUS ILLNESS POLICY
Associates with contagious conditions that may pose health risks to others agree that they will report such conditions to Human Resources for appropriate guidance and management immediately upon learning of the condition. An Associate who reports for duty with a suspected infectious condition shall be sent home and referred to their personal physician for further evaluation. Following the medical evaluation the Associate may return to work with a physician's statement that indicates the Associate is free of an infectious condition. Rev. 2015
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When reporting for duty after recovering from an infectious condition, the Associate shall present the physician's statement to Human Resources that states the Associate is free of the infectious condition before being allowed to return to work. No Associate shall return to work who has a temperature elevation, draining skin lesions, a communicable rash, or a communicable disease. Such Associates may pose a direct threat to the health and safety of the other Associates and our customers. G.10.
VISITORS POLICY
To provide safety and security to Associates and the Employer, only authorized visitors are allowed in the workplace. Restricting unauthorized visitors helps maintain safety standards, protects against theft, ensures security of equipment, protects confidential information, safeguards Associate welfare, and avoids potential distractions and disturbances. All visitors should enter the Company at the reception area. Authorized visitors will receive directions or be escorted to their destination. Associates are responsible for the conduct and safety of their visitors. If an unauthorized individual is observed on Company premises, Associates should immediately notify their supervisor or, if necessary, direct the individual to the reception area. Former Associates are considered visitors and should follow the visitor policy. G.11.
OPEN DOOR POLICY
The Company promotes an atmosphere whereby Associates can talk freely with members of the management staff. Associates are encouraged to openly discuss with their supervisor any problems so that appropriate action may be taken to correct a problem. If the supervisor cannot be of assistance, Human Resources is available for consultation and guidance. The Company is interested in all of our Associates' success and happiness. The Company, therefore, welcomes the opportunity to help Associates whenever feasible. G.12. SOLICITATIONS, DISTRIBUTIONS, AND USE OF BULLETIN BOARDS Associates may not solicit any other Associate during working time, nor may Associates distribute literature in work areas at any time. Under no circumstances may an Associate disturb the work of others to solicit or distribute literature to them during their working time. Persons not employed by the Company may not solicit Associates for any purposes on Company premises at any time. This includes all types of distribution and solicitation such as requests for charitable giving, endorsement of political campaigns, the sale of goods for the benefit of children or partners, and all other similar. Bulletin boards maintained by the Company are to be used only for posting or distributing material of the following nature: • Notices containing matters directly concerning Company business; and • Announcements of a business nature, which are equally applicable, and of interest to Associates. Rev. 2015
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Human Resources must authorize all posted material. All Associates are expected to check these bulletin boards periodically for new and/or updated information and to follow the rules set forth in all posted notices. Associates may not remove materials from the bulletin boards. G.13.
USE OF COMPANY EQUIPMENT AND PROPERTY
The Company may provide Associates with supplies, uniforms, automobiles, materials and equipment necessary for Associates to perform their job. These items are to be used solely for the Company’s purposes. Associates are expected to exercise care in the use of Company equipment and property and use such property only for authorized purposes. Loss, damages or theft of Company property should be reported at once. Negligence in the care and use of Company property may be considered grounds for discipline, up to and including termination. The Company’s equipment, such as postage, facsimile and copier machine, is intended for business purposes. An Associate may only use this equipment for non-business purposes in an emergency and only with the permission of his or her supervisor. Personal usage, in an emergency, of these or other equipment that results in a charge to the Company should be reported immediately to your supervisor or accounting so that reimbursement can be made. Upon termination of employment, the Associate must return all Company property, uniforms, equipment, work product and documents in his or her possession or control. If Associates fail to return any equipment, money, credit cards, or other property assigned to the Associate during employment, the Company may first withhold the value of such amount from any final compensation due to the Associate including paychecks, flexible and vacation accrual or any other such earned benefit. If such compensation does not exist or is insufficient to offset the value of the property due, the Associate understands and agrees that the Company has legal entitlement to such property and will be responsible for such value and the cost of all attorney fees and costs expended pursuing such property. Only Associates with an unrestricted, current driver’s license and who have adequate insurance coverage may operate Company vehicles. Any Associate operating a Company vehicle must do so in a safe manner. Any Associate operating a Company vehicle under the influence of drugs or alcohol or in an unsafe or negligent manner will be immediately terminated. The Company has the right to search any Company vehicle at any time. Therefore, Associates have no reasonable expectation of privacy with respect to Company vehicles. Although the Company realizes that there are times when an Associate may need to use the telephone for personal reasons, it is expected that good judgment will be used in limiting the length and frequency of such calls. Additionally, no long distance personal calls may be made on Company phones without prior approval from the Associate's supervisor.
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G.14. COMPUTER USE Computers, computer systems network, electronic mail, files, voicemail and software (the “systems”) supplied by Turnberry Associates are to be used for job-related work only. All systems are the property of Turnberry Associates and are to be accessed only by Associates who have a need to use the systems directly during the course of their employment. The Systems are owned by Turnberry Associates and all files created on the systems remain the property of the Company. Turnberry Associates reserves the right to monitor activity on your system in order to establish and maintain system security, to preserve system integrity and to ensure properly operating systems. All Associates may access only files or programs that he/she has been authorized to use. Unauthorized personal use of systems, review of files, intentional damage to systems, removal of office files, removal of office programs or improper use of information contained in the computer system will be subject to discipline up to and including termination. Unlawful communications, including threats of violence, obscenity, child pornography, harassing communications, threatening or stalking, extortion, dealing arms, pirating software, music, images, and hacking, are prohibited. All Associates must comply with all applicable local, state, and federal laws, and regulations, and with Turnberry Associates policies. All illegal activities will be reported to local, state or federal authorities, as appropriate, for investigation and prosecution. For further information or clarification about this policy, please contact Human Resources. G.15. EMAIL USE Associates who use the e-mail system should be aware that the system does not provide privacy and that the messages sent must comply with certain policies established by Turnberry Associates. Please be aware that: • • • • • •
The e-mail system is owned by Turnberry Associates and all messages created, sent or received in the system remain the property of Turnberry Associates; The e-mail system should be used for business communications only and should not be used for personal communications or solicitation for charitable, personal business or other purposes not related to Turnberry Associates business; E-mail messages must not contain offensive, discriminatory, harassing or disruptive messages and all messages are governed by Turnberry Associates policy on nondiscrimination; Turnberry Associates reserves the right to review audit, intercept, access and/or disclose any business or personal messages created, sent, or received; People other than the intended recipient may read the messages. The use of passwords do not ensure confidentiality; The deletion of messages does not eliminate the message from the system or from the backup files;
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• •
•
Associates should treat the e-mail messages intended for other Associates as confidential, even though Turnberry Associates reserves the right to review all messages; Creating, modifying, executing or retransmitting any computer program or instructions intended to: (1) obscure the true identity of the sender of electronic mail or electronic messages, such as the forgery of electronic mail or the alteration of system or user data used to identify the sender of electronic mail; (2) bypass, subvert, or otherwise render ineffective the security or access control measures on any network or computer system without the permission of the owner; or (3) examine or collect data from the network (e.g. a “network sniffer” program” is prohibited; and Associates who violate Turnberry Associates’ e-mail policy will be subject to discipline up to and including termination.
G.16. USE OF VOICEMAIL, INTERNET AND OTHER COMPANY EQUIPMENT Turnberry Associates provides its Associates with access to telephone and computer networks to enable you to communicate with other Associates and third parties in an efficient and cost effective manner, and in some cases to provide access to information on the internet. All electronic and telephonic communications systems and all communications and information transmitted by, received from, or stored in these systems are the property of the Company and are to be used solely for company business-related purposes. The use of any software and business equipment, including fax machines, computers and copy machines, for private use is prohibited Turnberry Associates telecommunications equipment which includes phones, long distance lines, telephone credit cards, voicemail, electronic mail, fax machines, etc. are to be used for business purposes only. Intentional misuse or abuse of these telecommunications systems will be considered misuse of the Company’s funds and will be subject to disciplinary action up to and including termination. The Company recognizes that the use of social networking sites such as My Space, Facebook, and LinkedIn has grown in popularity in recent years. By signing the Associate Handbook, you acknowledge and recognize that the use of any website to post or distribute any information considered detrimental or harmful to the Company, its Associates, its customers, or its partners is grounds for immediate termination. This includes all postings that are made, including those that are made both during and after normal work hours. Example of such inappropriate postings include photographs of you or other Associates engaged in sexual activity, under the influence of alcohol or drugs, or engaged in other unbecoming behavior; comments reflecting negatively about the Company, peers, supervisors, leadership, or customers; and all other content that opposes the mission and purpose of the Company. Associates should not transmit sensitive and confidential information to their own personnel email accounts. Associates are not permitted to use a code, access a file, or retrieve any stored communication unless authorized to do so. All pass codes are property of Turnberry Associates; Associates may not use a pass code or voicemail access code that has not been issued to them or that is unknown to the Company. Although you must use a pass code to gain access to your e-mail and voicemail messages, the pass code is designed to protect the confidentiality of that information from third parties, and is not a device to prevent Rev. 2015
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management of Turnberry Associates from having access to that information. To ensure that the use of electronic and telephonic communications systems and business equipment is consistent with the Company’s valid business interests, authorized representatives of the Company may monitor the use of such equipment from time to time. Associates should be aware that using a password or deleting email or voicemail messages would not prevent them from being accessed or monitored. Associates should have no expectation of privacy when using Company-owned equipment. You are expected to use good judgment in determining the method by which confidential information is transmitted to third parties, given the possibility of interception of messages sent by email and the internet. No Associate is to download or upload copyrighted materials, trade secrets, or other proprietary information without prior authorization from the Executive Vice President of Human Resources. Any violation of these provisions may result in corrective action, up to and including termination. G.17. USE OF PERSONAL COMPUTER SOFTWARE Turnberry Associates licenses the use of computer software from a variety of outside companies and does not own this software or its related documentation. Unless authorized by the software developer, the Company does not have the right to reproduce it except for backup purposes; Associates shall use the software only in accordance with the license agreements. Turnberry Associates Associates shall not download or upload unauthorized software over the internet. An Associate learning of any misuse of software or related documentation with the Company shall notify the Executive Vice President of Human Resources. According to applicable copyright law, persons involved in the illegal reproduction of software can be subject to civil damages and criminal penalties including fines and imprisonment. Turnberry Associates Associates who make, acquire, or use unauthorized copies of computer software shall be disciplined as appropriate under the circumstances. Such discipline may include termination. G.18. MOBILE DEVICE USE AND SAFETY Personal mobile device While at work, Associates are to exercise the same discretion in using personal mobile devices as they do for Company phones. Excessive personal calls during the workday, regardless of the phone used, can interfere with Associate productivity and be distracting to others. The Company encourages a reasonable standard of limiting personal calls on non-work time where possible and to ensure that friends and family members are aware of the Company’s policy. Flexibility may be provided in circumstances demanding immediate attention. The Company will not be liable for the loss of personal mobile devices brought into the workplace.
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Personal use of a Company-issued Mobile Device Where job or business needs demand immediate access to an Associate, the Company may issue a business mobile device for work-related communications. Phone logs will be audited regularly to ensure business-related communication. Use of the Company’s mobile device for personal reasons should be limited to emergencies. Associates in possession of a Company-issued mobile device are expected to protect it from loss, damage, or theft. Upon resignation or termination of employment or at any time upon request, the Associate may be asked to produce the mobile device for return or inspection. Safety issues for Mobile Device use Associates are expected to refrain from using their mobile device while driving on company business. Safety must come before all other concerns. Associates are strongly encouraged to pull off to the side of the road and safely stop the vehicle before placing or accepting a call. If acceptance of a call is unavoidable and pulling over is not an option, Associates are expected to keep the call short, use hands-free options, refrain from discussion of complicated or emotional issues and keep their eyes on the road. Special care should be taken in situations where there is traffic, inclement weather or driving in an unfamiliar area and it may be best to let the call go to voicemail. The Company prohibits Associates from using Company-issued mobile devices or personal data devices to text or email while driving either a Company-rented or personal vehicle. Mobil Device usage while driving either a company-rented or personal vehicle is restricted to usage only when operated in a hands-free mode. Further, personal mobile devices or personal data devices are restricted in the same manner when driving a company rented vehicle or when using a personal vehicle for Company business. This prohibition of mobile device or similar device use while driving includes receiving or placing calls, text messaging, surfing the Internet, receiving or responding to email, checking for phone messages, or any other purpose related to your employment, the organization, our customers, our vendors, volunteer activities, meetings, or civic responsibilities performed for or attended in the name of the company, or any other company related activities not named here while driving. All Associates are required to stop their vehicle in a safe location to use a mobile device or personal data device. Associates who violate this policy will be subject to disciplinary actions, up to and including employment termination. *If applicable your position may require a cell mobile device. Your Department Manager will decide which, if any of these devices is appropriate for your position. If you are assigned a mobile device, it is expected that you will use the device as a business tool. Check with your supervisor if you are allowed to carry your personal cell phone.
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G.19. COMPANY VEHICLE FLEET POLICY The following policy applies to all Associates involved with driving a vehicle for the company: Company Vehicle Policy Statement Accidents result in needless suffering as well as damage to property and equipment. We have instituted a safety program, which, with your help, will succeed in preventing accidents. We will, as always, comply with all safety laws and regulations. In addition, safety will be a priority in our work efforts. Everyone stands to benefit. Everyone stands to gain. The cooperation of all members of our company is expected. The results will be worth the effort. Overview As a driver of a company vehicle, the authorized driver has been given certain privileges. He/She assumes the duty of obeying all motor vehicle laws, maintaining the vehicle properly at all times and, otherwise, following the policies and procedures outlined by this company. Fleet Vehicle Purpose Company vehicles are provided to support business activities and are to be used only by qualified and authorized Associates. They are not considered a part of an Associate’s compensation and must not be used as an inducement for employment. In all cases, these vehicles are to be operated in strict compliance with motor vehicle laws of the jurisdiction in which they are driven and with the utmost regard for their care and cost-efficient use. Company vehicles must not be used for business activities of other companies. Company vehicles may not be used outside of this country. Driver Licensing Company drivers and anyone authorized to drive the company vehicles must have a valid driver’s license issued in the state of residence for the class of the vehicles being operated and may be required to pass a road test. Obtaining a driver’s license is a personal expense. Driver Qualifications 1) Authorized Associate of the company; 2) Must be at least 21 years of age; 3) Have at least one (1) year of experience in the class of vehicle operated; 4) Must meet minimum licensing requirements; and 5) Will not qualify for a company vehicle if, during the last 36 months, the driver had any of the following experiences: • • • • • Rev. 2015
Been convicted of a felony; Been convicted of sale, handling or use of drugs; Has automobile insurance cancelled, denied or non-renewed by a company; Been convicted of an alcohol- or drug- related offense while driving; Had driver’s license revoked or suspended; 46
• •
Been convicted of three (3) or more speeding violations or one (1) or more serious violations; and Been involved in two (2) or more chargeable accidents.
Personal Use Company vehicles are provided primarily for business purposes: however, occasional personal use is permitted. Personal use is a privilege extended only to the authorized Associate. The company may withdraw the privilege of personal use at any time without notice. The following rules apply to personal use of company vehicles: 1) Only company authorized drivers may drive vehicle; 2) Company vehicle is not to be driven while driver is under the influence of alcohol or any other controlled substance; 3) Possession, transportation or consumption of alcohol or illegal drugs by anyone in the vehicle is not allowed; 4) Driver and all passengers must wear available personal restraints; 5) Report any accident immediately to the police and your manager; and 6) Loaning of the vehicle to others is not permitted unless it has been pre-approved by the Insurance Department. Any exception to these rules requires advance, written approval by authorized company manager/officer. Violation of these rules will result in disciplinary action from loss of driving privileges up to and including termination. Maintenance Authorized drivers are required to properly maintain the company vehicles at all times. Vehicles should not be operated with any defect that would inhibit safe operation during current and foreseeable weather and lighting conditions. Preventive maintenance such as regular oil changes, lubrication and tire pressure and fluid checks determine to a large extent whether you will have a safe, reliable vehicle to drive and support business activities. You should have preventative maintenance completed on your vehicle as required by the owner’s manual. Thefts In the event of theft of company vehicle, notify local police immediately. After notifying the police contact your supervisor and the Director of Risk Management. Traffic Violations Fines for parking or moving violations are the personal responsibility of the assigned operator. The company will not condone nor excuse ignorance of traffic citations that result in court summons being directed to itself as owner of the vehicle. Each driver is required to report all moving violations to your supervisor within 24 hours. This requirement applies to violations involving the use of any vehicle (company, personal or other) while on company business. Failure to report violations will result in appropriate disciplinary action. Rev. 2015
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Please be aware that traffic violations incurred during non-business (personal use) hours will affect you as a driver as well and are subject to review. Accident Involving Company Vehicles In the event of an accident: • • • • • • • • •
Do not admit negligence or liability; Do not attempt a settlement, regardless of how minor it seems (only designated officials of the Company have the authority to do this); Call police if injuries to any parties. You may want to call police even if no injuries are reported at the scene; Get name, address and phone number of any injured parties and witnesses, if possible; Exchange vehicle identification, insurance company name and policy number with other drivers; Take a photograph of the accident scene, if possible; Complete the accident report in your vehicle. Copy available on intranet; Turn all information over to your supervisor within 24 hours; and Supervisor should fax the report to the Director of Risk Management immediately at 305-933-5585.
Driver Responsibilities Each driver is responsible for the actual possession, care and use of the company vehicle in their possession. Therefore, driver’s responsibilities include but are not limited to the following: • • • • • • • • • • •
Operation of the vehicle in a manner consistent with reasonable practices that avoid abuse, theft, neglect or disrespect for the equipment; Obey all traffic laws; Drivers and passengers are required to wear seatbelt and shoulder harness when riding in company vehicle; Attention to and practice of defensive driving techniques; Restricting the use of vehicles to authorized driver only; Reporting the occurrence of moving violations; No use of radar detectors, laser detector or similar device in company vehicle; Only approved passengers with a defined business relationship are permitted in the vehicle during the course of business; Vehicle may not be used to push, pull or tow another vehicle without authorization; Following manufacturer’s recommendations regarding service, maintenance and inspections. Vehicles should not be operated with any defect that would impede safe operation; and Accurate, comprehensive and timely reporting of all accident by an authorized driver and thefts of company vehicles to your supervisor.
Failure to comply with any of these responsibilities will result in disciplinary action.
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Driver Safety Regulations 1) Safety belts: The driver and all occupants are required to wear safety belts when the vehicle is in operation or while riding in a vehicle. The driver is responsible for ensuring passengers wear their safety belts. Children under four (4) years of age or under 40 pounds in weight must be secured in a DOT approves child safety seat; 2) Impaired driving: The driver must not operate a vehicle at any time when his/her ability to do so is impaired, affected, influenced by alcohol, illegal drugs, prescribed or over-the-counter medication, illness, fatigue, or injury; 3) Traffic Laws: Drivers must abide by all federal, state, and local motor vehicle regulations, laws, and ordinances. Please remember to keep insurance documents in the vehicle at all times; 4) Vehicle condition: Drivers are responsible for ensuring the vehicle is maintained in safe driving condition. Drivers of daily rentals should check for obvious defects before leaving the rental office/lot and, if necessary, request another vehicle if the first vehicle is deemed unsafe by the Associate; Drivers are encouraged to rent vehicles equipped with air bags and ABS brakes, where available; 5) Mobile Devices: The following procedures apply to Associates driving on company or personal affairs who wish to use mobile devices in the vehicle: a) Bluetooth, an external speaker and/or microphone must be included to allow hands-free operation; b) Phone number memory and programming capabilities are to be included; c) Drivers are to refrain from placing outgoing calls while the vehicle is in motion; d) Incoming calls should be limited; and e) For any vehicle equipped with a mobile device that does not meet the above equipment specifications, use of the mobile device is authorized when the vehicle is safely parked. 6) Motorcycles: Associates are prohibited from using motorcycles when traveling on Company business. Review of Motor Vehicle Record State Motor Vehicle Records (MVRs) will be used as the source for verifying driving history. MVRs will be obtained and reviewed bi-annually. Driving privileges may be withdrawn or suspended and/or the company vehicles removed for any authorized driver not meeting the above requirements. In addition, appropriate disciplinary action may be taken. It is a company policy and requirement that every Associate position with driving duties requires a motor vehicle record (MVR) meeting the grading requirements stated below. This MVR policy applies to both drivers of company owned vehicles as well as Associates using personal vehicles in the course of company business. •
MVRs will be examined at the start of employment and at least bi- annually thereafter. Any job offer made to an Associate-candidate for a position with driving duties shall be contingent upon an MVR meeting the required standards; continued employment in a position with driving duties also requires an MVR meeting the standards outlined below.
VIOLATIONS: No more than 2 moving violations within the past 3 years ACCIDENTS: No more than 1 chargeable accident within the past 3 years Rev. 2015
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COMBINATIONS: No more than 1 chargeable accident and 1 moving violation within the past 3 years UNACCEPTABLE VIOLATIONS: Any violation for DUI, DWI, Reckless Driving, or License Suspension G.20. INTERNAL INVESTIGATIONS AND SEARCHES From time to time, the Company may conduct internal investigations pertaining to security, auditing or work-related matters. Associates are required to cooperate fully with and assist in these investigations, if requested to do so. Associates have no reasonable expectation of privacy in company work areas. Whenever necessary, in the Company's discretion, work areas (i.e., offices, work areas, desks, lockers, file cabinets, etc.) and personal belongings (i.e., brief cases, handbags, vehicles etc.) may be subject to a search without notice. Associates are required to cooperate. Refusal to cooperate may lead to disciplinary action up to and including termination. G.21. VERIFICATION OF EMPLOYMENT All inquiries regarding former or current Associates must be referred to Human Resources. Should an Associate receive a written request for a reference, he or she should refer the request to Human Resources for handling. Under no circumstances should any Associate, manager or director release any information about any former or current Associate. In response to an outside request for information regarding an Associate, Human Resources will furnish an Associate's name, dates of employment, job title and department. No other data or information regarding an Associate, or his or her employment with the Company will be furnished unless the Associate completes a written authorization form and submits it to Human Resources. G.22. SMOKING POLICY In order to comply with government regulations, The Company has prohibited smoking throughout its workplace, including the use of e-cigarettes or related devices. Associates may smoke in designated area. Please contact your supervisor or Human Resources for the designated smoking area. Any questions regarding the smoking policy should be directed to Human Resources. Any violation of or dispute arising under this policy should be reported immediately to Human Resources. Violation of this policy may result in appropriate corrective action, up to and including discharge. The Company will promptly investigate any disputes arising under this policy. In resolving disputes, the Company shall give priority to the health concerns of the Associate desiring a smoke-free area. Each Associate is protected from retaliation or from being subject to any adverse personnel action for exercising his or her rights under the smoking policy. Any Associate who feels that he or she has been subject to retaliation under this policy or under any applicable law or regulation concerning the subject matter of this policy shall inform Human Resources. Human Rev. 2015
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Resources will promptly investigate the complaint and provide adequate improvement where necessary. Any violation of this policy may result in appropriate corrective disciplinary action, up to and including discharge. Any questions regarding the smoking policy should be directed to Human Resources. G.23. SOCIAL MEDIA, SOCIAL NETWORKING, AND WEBLOGS POLICY The Company respects the rights of all Associates to make use of social media, provided that such use does not adversely affect the Company’s legitimate rights and interests. As an initial point, the same principles and guidelines that apply to your activities as an Associate in general, as found throughout the Handbook and your job description, apply to your activities online. For this reason, the Company expects Associates to exercise good judgment and discretion when using social media, keeping in mind that what they say and do over the internet may be a reflection of the Company. This policy governs Associate use of social media, including any online tools used to share content and profiles, such as personal web pages, message boards, networks, communities, and social networking websites including, but not limited to, Facebook, MySpace, YouTube, Digg, Flickr, Twitter, LinkedIn, Instagram, online discussion boards, Google Groups, Tumblr, and web blogs. The lack of explicit reference to a specific site or type of social media does not limit the application of this policy. This policy will evolve as new technologies and tools become available and if regulatory requirements change. Specifically, Associates are strictly prohibited from: • •
•
• • • • •
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Engaging in activity that violates any of the Company’s policies or procedures; Listing your own or any other Associate’s Company e-mail address or Company telephone number, unless the social media is being used solely for Company business or for professional purposes and has been authorized by Human Resources; Using the Company’s proprietary identifying image(s), logo(s), trademarks, service marks, slogans and/or copyrighted material in non-business related messaging without the prior written consent of the Owners, Vice President of Sales & Marketing or Executive Vice President of Human Resources; Engaging in activity which violates state or federal laws related to patent, copyright or trademark infringement, libel, breach of contract etc.; Posting or otherwise disclosing any of the Company’s proprietary or confidential business information; Posting any material that is obscene, vulgar, defamatory, threatening or intimidating, discriminatory, harassing, abusive, or hateful to another person or entity; Posting or using a photograph or likeness of a supervisor, manager, vendor, customer or guest without their express prior permission to do so; Posting or otherwise commenting on any potential or actual legal matter or litigation in which the Company is involved and which may be binding upon the Company or deemed to be an admission of the Company; 51
• • • •
Providing references or employment verification for current or former Associates; Soliciting photo-taking with celebrities or soliciting of autographs; Engaging in activity that could reasonably be construed as maliciously disparaging the Company, its services or its products, reputation, affiliates, Associates, customers, guests, partners, vendors or suppliers; and Using any social media, social networking, blogs or other form of online publishing or discussion activities while on Company time, property or business except if it is being done for company business and with the written permission of the Owners, Vice President of Sales & Marketing or Executive Vice President of Human Resources.
Associates engaging in use of social media are subject to all of the Company’s policies and procedures, including, but not limited to, the Company’s policies: (1) protecting the confidentiality of Company information; (2) safeguarding Company property; (3) prohibiting unlawful discrimination, harassment and retaliation; and (4) governing the use of the Company computers, telephone systems, and other electronic and communication systems owned or provided by the Company. Associates must make it clear in any online activities that the views and opinions they express about work or Company-related matters are their own, and do not necessarily represent the views and opinions of the Company or its management. Associates are personally responsible for the commentary they express and the material they post while engaging in online social networking and blogging activities. Never represent yourself as speaking for the Company unless you are specifically authorized to do so. The Company may monitor Associate use of computers and email for any and all legitimate management purposes. Such purposes include the assurance of Associate production, the prevention of illegal harassment and other unethical behaviors, and all other reasons necessary to best ensure that the mission of the Company is met. Associates should not expect any privacy when using Company computers or email. The Company reserves the right to limit or prohibit Associate use of electronic communications when necessary to ensure organizational production or to discipline Associates for performance related reasons. Violations of this policy may result in disciplinary action or termination of employment. If you have any questions about this policy, please contact Human Resources. The Company will not construe or apply this policy in any manner that interferes with or limits Associates’ rights under federal and state laws, including their right to communicate with one another about work-related issues as provided by Section 7 of the National Labor Relations Act.
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H.
DISCIPLINE AND RULES OF CONDUCT
H.1.
POLICY
Associates are expected to observe certain standards of job performance and good conduct. In our offices, a large percentage of our business is conducted with customers in person or over the phone; it is essential to project professional behavior at all times. When performance or conduct do not meet Company standards, the Company will make an effort, when it deems appropriate, to provide the Associate a reasonable opportunity to correct the deficiency. If, however, the Associate fails to make the correction, he or she will be subject to discipline, including termination of employment. The rules set forth below are intended to provide Associate with general guidence of what is expected of them. However, such rules cannot identify every type of unacceptable conduct and performance. Therefore, Associates should be aware that conduct not specifically listed below which adversely affects or is otherwise detrimental to the interests of the Company, other Associates, or customers may also result in disciplinary action. Associates who have had formal written warnings are not eligible for salary increases, bonus awards, promotions or transfers during the warning period. H.2.
JOB PERFORMANCE
Associates who violate the job performance policy may be subject to disciplinary action up to and including termination for performing in the following manner: a) b) c) d) e) H.3.
Below-average work quality or quantity; Poor attitude (ie: rudeness, lack of cooperation); Excessive absenteeism, tardiness, or abuse of break and lunch privileges; Failure to follow instructions or Company procedures; or Failure to follow established safety regulations. MISCONDUCT
Associates who violate the misconduct policy will be subject to disciplinary action up to and including termination when behaving in the following manner: a) b) c) d) e)
Insubordination; Dishonesty; Theft or attempted theft of any kind; Discourtesy; Removing, Misusing or destroying Company property or the property of another on Company premises; f) Absenteeism and Tardiness – It is difficult for us to properly serve our customers when an Associate does not report to work as scheduled. It also creates an unnecessary burden on fellow Associates. Therefore, we cannot tolerate absenteeism or tardiness; Rev. 2015
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g) Gifts and Gratuities – Associates may not request any gift or gratuity of any kind from a customer or supplier. Associates may accept gifts as indicated in the Code of Business Conduct and Ethics in Section B; h) Violating conflict of interest rules/Outside Employment Policy and/or Code of Business Conduct & Ethics Policy. Unauthorized disclosure, use or theft of the Company's confidential information; i) Falsification or altering Company records, including but not limited to time sheets, employment applications, benefit applications and requests for time off; signing or marking another Associate's time sheet, or allowing another to sign or mark yours; j) Interfering with the work performance of others; k) Violation of the Anti-Harassment and/or Equal Employment Opportunity Policies – This Company strictly prohibits all forms of harassment. Please review the No Harassment Policy in this Handbook; l) Poor Performance – Every Associate is expected to make every effort to learn his or her job and to perform that job at a satisfactory level. Any Associate who fails to maintain a satisfactory level of performance is subject to termination; m) Deliberate non-performance of work; n) Unauthorized posting or removal of notices from bulletin boards. Littering or defacing walls, bulletin boards or other Company property; o) Altercations; Fighting or serious breach of acceptable behavior that creates a reasonable fear of injury to another person, or subjecting another person to emotional distress; p) Use of abusive or threatening language; q) Violation of the Alcohol or Drug Policy, including refusing to submit to testing for drugs and/or alcohol; r) Gambling or soliciting gambling on Company premises or while conducting Company business; s) Sleeping on the job or leaving the job without authorization; t) Failure to fully and truthfully disclose all facts related to an internal investigation, workers' compensation and/or insurance claims, and/or requests for leave of occurrence; u) Safety – We are committed to providing a safe place for you to work, and we have established a safety program to ensure that everyone understands the importance of safety. This program requires each of us to exercise good judgement and common sense in our day-to-day work. Horseplay and practical jokes can cause accidents and injuries and therefore are not permitted; v) Solicitation/Distribution – Solicitation by an Associate of another Associate during the working time of either Associate for any reason is strictly prohibited. Distribution of advertising materials, handbills or other literature is prohibited in all working areas at all times. Solicitation and distribution by non-Associates is prohibited on Company premises at all times; w) Unlawful Activity – No Associate may engage in any unlawful activity either on or off the job as this can adversely affect the Company’s reputation; x) Possessing a firearm or other dangerous weapon in Company offices or while conducting Company business, including attending company-sponsored events. This includes visible and concealed weapons, even those for which the owner has obtained the necessary permits. While not all inclusive, this list of weapons includes firearms, Rev. 2015
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knives with blades longer than four (4) inches, any explosive materials, or any other objects that could be used to harass, intimidate, or injure another individual. Please review the Workplace Violence Policy in this Handbook; y) Being convicted of a crime that indicates unfitness for the job or raises a threat to the safety or well-being of the Company or conveys a negative image about the Company, its Associates, customers, or property; or z) Failing to report to the Company, within five (5) days, any conviction under any criminal drug statute for a violation occurring in the workplace. The Company has the right to report any suspected a criminal violation to local, state or federal authorities, as appropriate, for investigation and prosecution. Associates should not have any expectation of privacy in regard to any illegal activities discovered by the Company.� H.4.
ATTENDANCE
The Company depends heavily upon its Associates, it is important that Associates report to work as scheduled. To keep the business and each department running smoothly and efficiently, it is important that every Associate be on the job on time regularly. For this reason, careful attention is given to promptness, absence record and overall dependability. All Associates are expected to be at their desks or assigned workplace, ready to work at their regular starting time each day on which they are scheduled to work. Similarly, Associates are allowed to take authorized breaks and must return within the allotted time. An Associate who is not at his or her desk or assigned workplace and prepared to work at the beginning of his or her scheduled work time is considered to be late or “tardy�. Associates unable to report to work must telephone their supervisor directly, each day of their absence, as far in advance as possible, but no later than one (1) hour before their scheduled arrival time. When providing notification, the Associate is expected to give the reason and the estimated length of the absence. If their supervisor is not available, Human Resources should be contacted. If an Associate is unable to make the call personally, a family member or a friend should contact the supervisor. This policy must be followed unless an exception has been made for a particular absence, and a written memo to this effect has been sent to Human Resources. Salaried Associates will be required to use half a day of vacation or flex time in the event they are absent more than 2-1/2 hours during a normal work day. Associates who are absent for three (3) consecutive workdays without notifying the employer are subject to termination as a "voluntary resignation". The Company has the right to require Associates to submit a doctor's note to verify claims of illness. Attendance Problems It is the responsibility of the Associate's immediate supervisor to monitor and maintain a record of the attendance of staff. If an Associate has an attendance problem, i.e., excessive lateness (whether or not they have been docked), absence or a combination of both, the problem Rev. 2015
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should be discussed with the Associate as soon as it is noted. In addition to the general rules stated above, Associates may be disciplined for failing to observe the following specific requirements relating to attendance: (a) Reporting to work on time, observing the time limits for rest and lunch periods, and obtaining approval to leave work early; and (b) Notifying the supervisor in advance of anticipated tardiness or absence. If the Associate is physically unable to give timely notice of his or her absence or tardiness, then a family member or friend is permitted to provide such notice. However, as soon as the Associate is physically able, he or she must contact his or her immediate supervisor personally to discuss his or her absence or tardiness directly with his or her supervisor. To the extent permitted by law, absenteeism and lateness lessen an Associate’s chances for advancement and may result in dismissal. H.5.
DISCIPLINE PROCEDURE
Generally the Company will follow progressive steps of oral and written warnings before terminating employment. However, the Company reserves the right to proceed directly to terminaton, without resort to prior disciplinary steps, when the Company believes such action is appropriate. H.6
SAMENESS VS. CONSISTENCY
The Company strives to ensure fair treatment of all Associates. It is the best interest of our company to ensure that the disciplinary and corrective actions are prompt, consistent and impartial and most importantly, correct the problem, prevent recurrence and prepare the Associate for satisfactory service in the future. It is important that Associates realize that the same infraction committed by different Associates holding different positions may, at times, result in different corrective action procedures. It is the responsibility of our managers and Human Resources to review the totality of events, including the tenure, performance record, and previous unrelated infractions of the individual(s) involved to ensure corrective action or termination decision is reasonable and appropriate for the offense. The goal is to administer corrective actions in a manner that best serves our Company and results in satisfactory performance. H.7.
WORKPLACE VIOLENCE POLICY
The Company is committed to providing a safe workplace for all Associates. To ensure a safe workplace and to reduce the risk of violence, all Associates should review and understand all provisions of this workplace violence policy. We do not tolerate any type of workplace violence Rev. 2015
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committed by or against Associates. engaging in violent activities.
Associates are prohibited from making threats or
It is our policy to strictly prohibit any Associate, vendor, or customer from carrying any sort of weapon into our offices. Associates are permitted to bring weapons in their vehicles into our parking lots if they remain locked within such vehicle and the Associate maintains a current and legal permit to carry the weapon. Such weapons may not be used for any inappropriate or illegal use. Any violation of this policy will result in immediate termination of such Associate. This list of behaviors, while not inclusive, provides examples of conduct that is prohibited: Causing physical injury to another person; Making threatening remarks; Aggressive or hostile behavior that creates a reasonable fear of injury to another person or subjects another individual to emotional distress; • Intentionally damaging employer property or property of another Associate; • Possession of a weapon while in company offices or while on company business; and • Committing acts motivated by, or related to, sexual harassment or domestic violence. • • •
Domestic Violence in the Workplace The Company will not tolerate acts of domestic violence perpetrated by or against any Associate on Company property. This includes the display of any violent or threatening behavior (verbal or physical) by a perpetrator (i.e. aggressor and/or actor) that is likely to result in physical or emotional injury or otherwise places a victim's safety or productivity at risk. Upon being informed or learning of the existence of domestic violence incidents involving Associates, Human Resources may take all necessary steps that it deems appropriate including disciplinary action up to and including termination. This policy shall apply without regard to gender and without regard to the sexual orientation or gender identity of the participants in a relationship of the kind described. Reporting Procedures Any potentially dangerous situations must be reported immediately to a supervisor or Human Resources. Reports can be made anonymously and all reported incidents will be investigated. Reports or incidents warranting confidentiality will be handled appropriately and information will be disclosed to others only on a need-to-know basis. All parties involved in a situation will be counseled and the results of investigations will be discussed with them. The Company will actively intervene at any indication of a possibly hostile or violent situation. Risk Reduction Measures Hiring: Human Resources take reasonable measures to conduct background investigations to review candidates’ backgrounds and reduce the risk of hiring individuals with a history of violent behavior. Individual Situations: While we do not expect Associates to be skilled at identifying potentially dangerous persons, Associates are expected to exercise good judgment and to inform Human Rev. 2015
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Resources or the Security Department if any Associate exhibits behavior, which could be a sign of a potentially dangerous situation. Such behavior includes: • Discussing weapons or bringing them to the workplace; • Displaying overt signs of extreme stress, resentment, hostility, or anger; • Making threatening remarks; • Sudden or significant deterioration of performance; or • Displaying irrational or inappropriate behavior. Dangerous/Emergency Situations Associates who confront or encounter an armed or dangerous person should not attempt to challenge or disarm the individual. Associates should remain calm, make constant eye contact and talk to the individual. If a supervisor can be safely notified of the need for assistance without endangering the safety of the Associate or others, such notice should be given. Otherwise, cooperate and follow the instructions given. Enforcement Threats, threatening conduct, or any other acts of aggression or violence in the workplace will not be tolerated. Any Associate determined to have committed such acts will be subject to disciplinary action, up to and including termination. Non-Associates engaged in violent acts on Company premises will be reported to the proper authorities and fully prosecuted.
I.
LEAVING THE COMPANY
I.1.
VOLUNTARY TERMINATION
The Company will classify a termination of employment as “Voluntary” when an Associate does any of the following: • • •
Elects to resign from the Company; Fails to return from an approved leave of absence on the date specified by the Company; or Fails to report for work without notice to the Company for three (3) consecutive days.
The Company requests that the Associate provide the Company with a written two-week advance notice period (bear in mind that vacation days or personal days may not be included in the two-week notice period). The Company will only compensate Associates for unused earned vacation and flex time when the Associate works through the notice period, and is not terminated for gross misconduct or cause; otherwise, unused earned vacation and flex time will be forfeited. Any unpaid balances due to the Company will be deducted from the Associate’s last paycheck. You will receive written notification regarding the status of your benefits eligibility. Medical, Dental and Vision benefits will end at the end of the month following your last day of employment. All other benefits will end on the last day of employment. Some benefits may Rev. 2015
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continue at your expense if you choose to extend coverage. You’ll receive information regarding the terms, conditions and limitations of continuance of coverage (see the COBRA section). I.2.
INVOLUNTARY TERMINATION
Terminating an Associate’s employment should be regarded as a very serious decision. The Company will classify a termination of employment as “Involuntary” when: • • • • • •
An Associate is terminated for poor performance; An Associate is terminated for misconduct; Reorganization; Job elimination; Economic downturns in business; or Lack of work.
Notwithstanding this list the Company reserves the right to discharge with or without cause and with or without prior notice. I.3.
EXIT INTERVIEW
Associates who leave the Company for any reason may be asked to participate in an exit interview. This interview is intended to permit departing Associates the opportunity to communicate their views regarding their work with the Company, including job duties, job training, job supervision, and job benefits. At the time of the interview, Associates are expected to return all Company furnished property, such as uniforms, tools, equipment, beepers, phones, vehicles, I.D. cards, keys, credit cards, documents, handbooks and any additional Company-owned or issued property. Arrangements for clearing any outstanding debts with the Company and for receiving final pay also will be made at this time.
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ASSOCIATE HANDBOOK ACKNOWLEDGEMENT This will acknowledge that I have been given a copy of the Turnberry Associates Handbook. I acknowledge that I have read and understand the contents of the Handbook. I understand that this handbook represents the current policies, regulations, and benefits, and that except for employment at-will status, any and all policies or practices can be changed at any time by the Company. The Company retains the right to add, change, or delete wages, benefits, policies, and all other working conditions at any time (except the policy of “at-will employment,� which may not be changed, altered, revised or modified without a written consent signed by Ownership). I further understand that nothing in the Associate Handbook creates or is intended to create a promise or representation of continued employment and that my employment, position, and compensation at the Company are at-will, and may be changed or terminated at the will of the Company. I understand that I have the right to terminate my employment at any time, with or without cause or notice, and that the Company has a similar right. No supervisor or other representative of the Company has the authority to enter into any agreement for employment for any specified period of time, or to make any agreement contrary to the above. My signature below certifies that I understand the foregoing agreement that at-will status is the sole and entire agreement between the Company and myself concerning the duration of my employment and the circumstances under which my employment may be terminated. It supersedes all prior agreements, understandings, and representations (whether written or oral) concerning my employment with the Company.
Associate Signature: __________________________
Associate Name: _____________________________ (Please Print)
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Date: ___________________
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