Summit Retail Solutions, Inc.
Employee Handbook
TABLE OF CONTENTS Page
-iContents
I. INTRODUCTION................................................................................................. 1
A. Welcome to Summit Retail Solutions, Inc. ................................................ 1
B. A Word About This Employee Handbook.................................................. 1
II. THE WAY WE WORK......................................................................................... 1
A. Equal Opportunity Employment ................................................................ 1
B. Our Employee Relations Philosophy ........................................................ 2
C. Anti-Harassment Policy............................................................................. 2
D. Harassment and Sexual Harassment ....................................................... 3
E. Employee Screening................................................................................. 5
F. Employee Relationships ........................................................................... 5
G. Talk to Us.................................................................................................. 5
H. Suggestions and Ideas ............................................................................. 6
III. YOUR PAY AND PROGRESS............................................................................ 6
A. Categories of Employment........................................................................ 6
B. Time Sheets.............................................................................................. 6
C. Pay Periods .............................................................................................. 6
D. Payroll Deductions.................................................................................... 7
E. Overtime ................................................................................................... 7
F. Pay Adjustments....................................................................................... 8
G. Pay Advances........................................................................................... 8
IV. BENEFITS........................................................................................................... 8
A. Holidays.................................................................................................... 8
B. Vacation (PTO)......................................................................................... 8
C. Sick Days and other Days......................................................................... 8
D Bereavement………………………………………………….………………...8
E. Jury Duty................................................................................................... 8
F. Military Leave............................................................................................ 8
G. Hospital and Medical Insurance.............................................................. 13
H. Dental Insurance..................................................................................... 13
I. COBRA..................................................................................................... 9
J. Family and Medical Leave ........................................................................ 9
K. Other Leave ............................................................................................ 13
L. Worker’s Compensation………………………………………………….......13
M. 401K Profit Sharing Plan......................................................................... 13
V. ON THE JOB..................................................................................................... 13
A. Employee Orientation ............................................................................. 13
B. Attendance and Punctuality .................................................................... 13
C. Work Week ............................................................................................. 14
D. Meal Time ............................................................................................... 14
E. Standards of Conduct ............................................................................. 14
TABLE OF CONTENTS Page
-iiF.
Customer and Public Relations............................................................... 17
G. Solicitation and Distribution..................................................................... 17
H. Changes in Personal Data...................................................................... 17
I. Protecting Company Information ............................................................ 17
J. Conflicts of Interest ................................................................................. 18
K. Care of Equipment.................................................................................. 19
L. Dress Code Policy .................................................................................. 19
M. Outside Employment............................................................................... 19
N. Bulletin Board ......................................................................................... 19
O. Good Housekeeping ............................................................................... 19
P. Smoking Policy ....................................................................................... 19
Q. General Safety Precautions .................................................................... 20
R. Substance Abuse.................................................................................... 20
S. Reimbursement ...................................................................................... 21
T. Use of Your Own Vehicle........................................................................ 21
U. Travel...................................................................................................... 21
V. If You Must Leave Us.............................................................................. 23
W. References ............................................................................................. 23
RECEIPT OF THE EMPLOYEE HANDBOOK ............................................................ 25
EXHIBIT A- GUIDELINES FOR EMPLOYEE RELATIONSHIPS ............................. ...25
EXHIBIT B- SOCIAL MEDIA……………………………………….………………..…..…..27
EXHIBIT C- STATE AGENCIES ….………………………………………………………...30
MASSACHUSETTS STATE NOTICES ……………………………………………...…….33
NEW YORK STATE NOTICES ……………………………………………………….…….39
RHODE ISLAND STATE NOTICES ………………………………………………………..42
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I. INTRODUCTION
A. Welcome to Summit Retail Solutions, Inc.
This Employee Handbook has been developed to help you get acquainted with Summit Retail
Solutions, Inc. (the “Company”) and hopefully answer many of your initial questions.
Summit Retail Solutions is a professional sales organization specializing in event-based
promotions for a wide range of clients. Companies with well-established products and
companies with products new-to-market benefit from our services and our relationships with
major retailers.
We run events large and small in high traffic venues. Our programs operate in big box retailers,
college campuses, trade shows, car shows, sporting events and more. We have experience
working with products from every major category. Our sales force footprint extends nationwide
and we pride ourselves on our ability to quickly and efficiently expand our staff to meet our
clients’ needs.
You are an important part of this process for your work directly influences the Company’s
reputation and success.
In an effort to be responsive to the needs of a growing organization, changes or additions to this
Employee Handbook will be made when necessary, and the Company reserves the right to
change, add to, or delete any of the provisions of this Employee Handbook at any time in its
sole discretion. Should the Company make a change to this Employee Handbook, you will be
given notice of such change. We are glad you have joined us, and we hope you will find your
work to be both challenging and rewarding.
B. A Word About This Employee Handbook
The policies in this handbook are provided for your guidance and information only. This
handbook is not a contract of employment or promise of benefits. Similarly, no written or verbal
communication by a manager or supervisor can create a contract of employment or a promise
of benefits.
The Company adheres to the policy of employment-at-will. This means that you or the
Company may terminate the employment relationship at any time, for any reason, or no reason
at all. This policy cannot be altered by any Manager or Supervisor.
This handbook supersedes and replaces any and all prior such handbooks, policies, and
procedures of the Company. The Company retains the right to change, add to, disregard, or
delete any provisions of this Handbook at any time, in its sole discretion, except that the
Company will not modify, amend or alter its policy of employment-at-will. In the event the
Company does in some way change the provisions of this Handbook, the Company will attempt
to provide you with prompt notice of such changes.
II. THE WAY WE WORK
A. Equal Opportunity Employment
The Company is committed to the full utilization of all human resources and to the policies of
equal employment opportunity. Our Company will not discriminate against employees or
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applicants for employment on any legally-recognized basis including, but not limited to race,
age, color, religion, religious creed, sex, marital status, national origin, genetics, physical or
mental disability, veterans status, pregnancy, sexual orientation, gender identity or expression,
or ancestry, except where a bona fide occupational qualification exists.
The Company will make reasonable accommodations to qualified disabled persons to assist
them in fulfilling the essential functions of a job, provided that such accommodations do not
impose an undue hardship upon the Company.
You may discuss equal employment opportunity related questions with Human Resources.
Any employee or job applicant who feels he or she has been subject to unlawful discrimination
by the Company’s officers, agents or employees should report the incident or complaint directly
to Human Resources, who will investigate and attempt to resolve the matter.
B. Our Employee Relations Philosophy
We are committed to providing the best position climate for maximum development and
achievement of goals for employees. Our practice has always been to treat each employee as
an individual. We have always sought to develop a spirit of teamwork; individuals working
together to obtain a common goal.
In order to maintain an atmosphere where these goals can be accomplished, we provide a work
place which is comfortable and progressive. Most importantly, we have a work place where
communications are open and problems can be discussed and resolved in a mutually respectful
atmosphere taking into account individual circumstances and the individual employee.
We firmly believe that by our communicating with each other directly, we can continue to resolve
any difficulties that may arise and develop a mutually beneficial relationship.
C. Anti-Harassment Policy
It is our policy to prohibit harassment of one employee by another employee or representative of
management on any basis including, but not limited to race, age, color, religion, religious creed,
sex, marital status, national origin, genetics, physical or mental disability, veteran status,
pregnancy, sexual orientation, gender identity or ancestry.
The purpose of this policy is not to regulate our employee’s personal morality, rather it is to
assure that in the work place, no employee harass another.
While it not easy to define precisely what harassment is, but it certainly include slurs, epithets,
threats, derogatory comments or visual depictions, unwelcome jokes, teasing, or other similar
verbal or physical contact.
Any employee who feels that he or she is a victim of such harassment should immediately
report the matter to the Vice President of Retail Operations, Jilian Booth at 508-989-5433 or to
the Director of Human Resources, Michele Glassman at 774-305-5163. The Company will
investigate all such reports as expeditiously and confidentially as possible. Violations of this
policy will not be tolerated and will result in disciplinary action, up to and including discharge.
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D. Harassment and Sexual Harassment
It is against the law and the Company’s policies for any employee, whether a manager or coworker,
to harass another employee. The types of conduct prohibited by this policy include, but
are not limited to, the following:
 Offensive verbal or physical behavior, treatment or conduct that is based on an
individual’s race, color, religion, sex (including pregnancy), sexual orientation, gender
identity or expression, disability or handicap, age, national origin, genetic information,
veterans or military status, or any other class or characteristic protected by federal
state or local law;
 Demeaning gestures, slurs or other such derogatory comments connected to one’s
membership in a protected group; and
 The display or circulation of explicit, offensive or degrading graphic or written material
(including email, objects, calendars, pictures, posters, drawings, cartoons, etc.) which
reflect disparagingly upon a class of persons or a particular person.
1. Definition of Sexual Harassment
Sexual Harassment is a specific type of harassment that deserves special attention.
"Sexual harassment" means sexual advances, requests for sexual favors, and verbal or physical
conduct of a sexual nature when: (a) submission to or rejection of such advances, requests or
conduct is made either explicitly or implicitly a term or condition of employment or as a basis for
employment decisions; or (b) such advances, requests or conduct have the purpose or effect of
unreasonably interfering with an individual's work performance by creating an intimidating, hostile,
humiliating or sexually offensive work environment.
The legal definition of sexual harassment is broad. Sexual desire is not necessary in order
for something to constitute sexual harassment. While it is not possible to list all those additional
circumstances that may constitute sexual harassment, the following are some examples of
conduct which if unwelcome, may constitute sexual harassment:
 unwanted sexual advances or offering employment benefits in exchange for sexual
favors;
 unwelcome sexual advances, whether or not they involve physical touching;
 requests for sexual favors in exchange for actual or promised job benefits;
 sexual jokes, sexually explicit emails, epithets or written or oral references to sexual
conduct;
 gossip regarding one’s sex life;
 comments on an individual’s body or sexual activities;
 displaying sexually suggestive objects, pictures, cartoons or photographs;
 unwelcome leering, whistling, touching, sexual gestures, or sexually suggestive or
insulting comments;
 inquiries into one’s sexual preferences;
 obscene letters, notes or invitations;
 physical touching or assault, as well as impeding or blocking movements; and
 discussions of one’s sexual activities.
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All employees should take special note that, as stated above, retaliation against an
individual who has complained about sexual harassment, and retaliation against individuals for
cooperating with an investigation of a sexual harassment complaint is unlawful and will not be
tolerated by this organization.
2. Complaints of Harassment
If any of our employees or applicants believes that he or she has been subjected to
harassment, including but not limited to sexual harassment, the employee has the right to file a
complaint with our organization.
If you would like to file a complaint you may do so by contacting the Vice President of
Retail Operations, Jilian Booth at 508-989-5433 or the Director of Human Resources, Michele
Glassman at 774-305-5163, or toll free 844-310-2442.
3. Harassment Investigation
When we receive a complaint we will promptly investigate the allegation in a fair and
expeditious manner. The investigation will be conducted in such a way as to maintain
confidentiality to the extent practicable under the circumstances. Our investigation will include a
private interview with the person filing the complaint and with witnesses. We will also interview
the person alleged to have committed harassment. When we have completed our investigation,
we will, to the extent appropriate, inform the person filing the complaint and the person alleged to
have committed the conduct of the results of that investigation. If it is determined that
inappropriate conduct has occurred, we will act promptly to eliminate the offending conduct, and
where it is appropriate we will also impose disciplinary action.
4. Disciplinary Action
If it is determined that inappropriate conduct has been committed by one of our employees,
we will take such action as is appropriate under the circumstances. Such action may range from
counseling to termination from employment, and may include such other forms of disciplinary
action as we deem appropriate under the circumstances.
5. State and Federal Remedies
In addition to the above, if you believe you have been subjected to harassment, you may
file a formal complaint with the following:
The United States Equal Employment Opportunity Commission ("EEOC")
One Congress Street, 10th Floor
Boston, MA
(617) 565-3200.
The state agency listed in Exhibit C.
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E. Employment Screening
To ensure that individuals who joins Summit Retail Solutions, Inc. are well qualified and to
ensure that Summit Retail Solutions, Inc. maintains a safe and productive work environment, it
is our policy to conduct pre-employment background checks on all applicants who accept an
offer of employment. Background checks may include verification of any information on the
applicant’s resume or application form.
All offers of employment are conditioned on receipt of a background check report that is
acceptable to Summit Retail Solutions, Inc. All background checks are conducted in conformity
with the Federal Fair Credit Reporting Act, and state and federal law. Please see our CORI
Policy in the state specific policies. Background checks may include a criminal record check
where appropriate and where authorization is obtained, although a criminal conviction does not
automatically bar an applicant from employment. Criminal background checks are kept to
confidential where possible and reviewed only on a need-to-know basis.
Additional checks such as a driving record or credit report may be made on applicants for
particular job categories if appropriate and job related.
Summit Retail Solutions, Inc. also reserves the right to conduct a background check for current
employees to determine eligibility for promotion or reassignment in the same manner as
described above.
F. Employee Relationships
The Company strongly believes that an environment where employees maintain clear
boundaries between employee personal and business interactions is most effective for
conducting business. Although this policy does not prevent the development of friendships or
romantic relationships between coworkers, it does establish very clear boundaries as to how
relationships will progress during working hours and within the working environment. Individuals
in supervisory relationships or other influential roles may be subject to more stringent
requirements under this policy due to their status as role models, their access to sensitive
information and their ability to influence others. See Exhibit A to this Handbook for the
Company’s guidelines for Employee Relationships.
G. Talk to Us
We encourage you to bring your questions, suggestions and complaints to our attention.
Careful consideration will be given to each of these in our continuing effort to improve
operations.
If you feel you have a problem you should present the situation to your supervisor so that the
problem can be settled by examination and discussion of the facts. We hope that he or she will
be able to satisfactorily resolve most matters.
If you find that you still have questions following your meeting with your supervisor or that you
would like further clarification on the matter, you may request a meeting with your Human
Resources Manager. Your HR Manager will review the issues and meet with you to discuss
possible solutions. Finally, if you believe that your problem has not been fairly or fully
addressed, you may request a meeting with the President.
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Your suggestions or comments on any subject are important to us so we encourage you to take
every opportunity to discuss them with us. Your job will not be adversely affected in any way
because you chose to use this procedure. In addition to contact via phone, you may email the
Human Resources department at hr@summitretailsolutionsinc.com.
H. Suggestions and Ideas
We are always interested in your constructive ideas and suggestions for improving our
operations. Your suggestions should be submitted in writing to
hr@summitretailsolutionsinc.com.
After your suggestion is reviewed, you will be notified whether or not it is feasible to put it into
practice.
Management believes that suggestions indicate initiative on the part of an employee. We will
place the written suggestion in your personnel file and take it into consideration at the time of
your performance review (if applicable).
III. YOUR PAY AND PROGRESS
A. Categories of Employment
Full-time Employees. Full-time employees are those employees who are scheduled to regularly
work at least a 30-hour work week. Unless otherwise required by law, if an employee’s regular
schedule falls below 30 hours a week for four weeks in a row, employee may no longer be
eligible for certain employee benefits. Full-time employees are eligible for certain benefits in
accordance with their position and length of employment. These benefits are further described
in later sections of this handbook and details about specific employee benefit plans can be
obtained from Human Resources.
Part-time Employees. Part-time employees are those individuals who are regularly scheduled
to work less than 30 hours each week. Part-time employees are eligible only for statutory
benefits.
B. Time Sheets
Employees are required to maintain an accurate record of all time worked.
Hourly (non-exempt) employees are required to record their hours via the Employee Portal each
Sunday evening no later than 9:00 p.m. following your pay period.
Salaried (exempt) employees are required to record their PTO time via the Employee Portal on
the Sunday evening corresponding to the PTO time by 9:00 p.m.
Submission of false or embellished timecards is a serious offense, and will result in
discipline/immediate termination. Company will review store video tapes and confirm working
hours with an employee’s supervisor/other employees working at shows to ensure hours are
accurately reported. Greater scrutiny will be given to timecards that report an unusual amount
of time or that raise suspicion given the amount of employee’s actual sales.
C. Pay Periods
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Pay periods are one week in duration and begin on Monday and end on Sunday. Company
pays on Fridays, twelve (12) days after the pay period ended.
Example: Pay period ends on 12/11/2016, you will be paid for this pay period on Friday,
12/23/2016.
If you receive direct deposit you can retrieve your paystub from the online payroll portal as
instructed during your on-boarding. If you do not receive direct deposit your paycheck will be
mailed to you on the Thursday before payday. If payday is on a holiday, you will be paid the
day before the holiday.
If you are absent or on vacation when pay checks are distributed, the Human Resources Team
will mail your check to the address on file. If you have any questions about your pay or the
direct deposit program please contact your HR Manager.
D. Payroll Deductions
Two types of deductions are made from each employee’s gross pay. Mandatory deductions
required by federal or state agencies, and voluntary deductions such as health and dental
benefits and 401K charitable contributions.
Mandatory deductions will be made automatically in accordance with legal requirements. Your
records provide accurate information within legal limitations as a basis for these deductions.
Attachment made to an employee’s pay checks by legal authority of wage garnishment,
regardless of cause, will be treated as a mandatory deduction in the amount and for the time
specified by such authority.
Voluntary deductions will not be made without your written authorization. It is the policy of the
Company to promptly investigate and correct any improper payroll deductions or other payroll
practices that do not comply with the Fair Labor Standards Act. If you believe that an improper
payroll practice, such as an improper deduction from an exempt or non-exempt salary, has
occurred then you should make a complaint to the Human Resources Department. The Human
Resources Department will ensure that the matter is appropriately reviewed, and you will be
reimbursed for the amount of any inappropriate deduction taken.
E. Overtime
There may be times when you will need to work overtime. All overtime must be approved in
advance by your supervisor. Only non-exempt (hourly) individuals, as defined by federal and
state law, are entitled to payment for overtime.
Qualified employees will be paid one and one-half their regular rate for all hours worked in
excess of 40 hours in any given work week, excluding meal periods, unless otherwise required
by law.
Only actual hours worked count towards computing weekly overtime. Thus, holiday, sick or
vacation time (if applicable) is not considered “actual” work for purposes of computing overtime.
For non-exempt (hourly) employees, all hours worked on a holiday will be paid at a rate of one
and one-half times your base rate of pay including shift differential, if applicable. This is in
addition to your regularly base pay.
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If you have any questions regarding your eligibility for overtime pay or the method of payment
please contact your HR Manager.
F. Pay Adjustments
Depending upon your performance and our Company’s profitability, adjustments in your pay
may be made at the Company’s discretion.
G. Pay Advances
Pay Advances will not be granted to employees.
IV. BENEFITS
Benefits will be provided only to full-time employees regularly scheduled at least 30 hours per
week. Employees working less than 30 hours will not be entitled to these benefits unless
specifically provided below. For purposes of convenience, full-time employee is defined as any
employee who works at least 30 hours per week.
A. Holidays
Hourly (non-exempt) employees will not be paid for holidays that they do not work.
B. Vacation – (Paid Time Off)
Hourly (non-exempt) employees will not be paid vacation time.
C. Sick Days and other Days
Hourly (non-exempt) employees do not received paid sick time or other time unless required by
law (see state specific section).
D. Bereavement
Company recognizes the importance of taking leave on the occasion of a death in the family.
Although we do not offer paid leave, Employees can request unpaid leave under this section
from Human Resources. Company may request documentation to support absences for
bereavement leave. The Company will take each case on a case-by-case basis, so please, if
you need additional time, please call.
E. Jury Duty
The Company recognizes jury duty as a community obligation and the responsibility of a citizen.
You should make appropriate arrangements with your supervisor as soon as you have received
your jury duty notice. Proof of notice is required. You are required to use PTO if you have any.
Remaining time is unpaid, unless otherwise required by law.
F. Military Leave
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Employees who are required to serve in any branch of the armed forces of the United States will
be given necessary time off, without pay. This includes those employees serving in any of the
reserves or national guard or entering into active military service.
The employee must provide the Company advance written notice of the date of his or her
departure and expected return. Upon providing the Company with notification of the satisfactory
completion of his or her duties, employees still qualified to perform the duties of their position
will be reinstated to their former position or to a comparable position with the same status, pay
and seniority. Such leave will not affect accrued vacation or medical insurance and the
Company will provide all benefits required under the Uniform Services Employment and
Reemployment Rights Act (USERRA).
Company also complies with all state laws requiring leave for family members of those in the
Military. Please see Company’s Human Resources Department for more information.
G. Hospital and Medical Insurance
The provides an employer sponsored plan which may change to time to time. Please reference
your specific plan for more details.
Coverage ends on the last physical day of work. See COBRA policy for additional details.
H. Dental Insurance
The company provides an employer sponsored plan which may change to time to time. Please
reference your specific plan for more details.
Coverage ends on the last physical day of work. See COBRA policy for additional details.
I. COBRA
Pursuant to federal law, in certain circumstances the Company offers you and your family the
opportunity to temporarily continue your medical and dental coverage in certain instances where
the coverage would otherwise end. You will have to pay part or all of the premium for
continuous coverage. For additional information regarding this coverage as well as a complete
copy of the COBRA law, please contact Human Resources.
J. Family and Medical Leave
THE FAMILY AND MEDICAL LEAVE POLICY
The Federal Family and Medical Leave Act (“FMLA”) guarantees eligible employees the right to
unpaid leaves of absence under certain circumstances.
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Eligibility: You are only eligible for FMLA if you work in a region in which Company employees
49 other employees in a 75 mile radius. Thus, most Company employees are NOT eligible for
ANY FMLA time off. Please consult with Human Resources for further details.
Assuming you are in such a geographic area, you are eligible for FMLA leave when you have:
(1) been employed by the company for at least 12 months and (2) worked at least 1,250 hours
in the 12 months preceding the leave.
Basic FMLA Entitlements. The FMLA allows up to 12 weeks of leave in any 12 month period for
the following reasons: (1) incapacity due to pregnancy, prenatal medical care or child birth; (2)
care for the employee’s child after birth, adoption or foster care placement; (3) the employee’s
own “serious health condition”, if the condition makes that employee unable to perform his or
her job; or (4) care for a spouse, child, or parent (excluding parents-in-law) who has a “serious
health condition”.
FMLA Military Leave Entitlements. Eligible employees with a spouse, son, daughter, or parent
on active duty or called to active duty status in the National Guard or Reserves in support of a
contingency operation may use their 12-week FMLA leave entitlement to address certain
qualifying exigencies. Qualifying exigencies may include attending certain military events,
arranging for alternative childcare, addressing certain financial and legal arrangements,
attending certain counseling sessions, and ending post-deployment reintegration briefings.
FMLA leave also includes a special leave entitlement that permits eligible employees to take up
to 26 weeks of leave to care for a covered service member during a single 12-month period. A
covered service member is a current member of the Armed Forces, including a member of the
National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on
active duty that may render the service member medically unfit to perform his or her duties for
which the service member is undergoing medical treatment, recuperation, or therapy; or is in
outpatient status; or is on the temporary disability retired list.
The FMLA definitions of “serious injury or illness” for current service members and veterans are
distinct from the FMLA definition of “serious health care condition”.
Rolling Basis: The company measures FLMA leave entitlement on a rolling 12-month basis.
Intermittent and Reduced Schedule Leave: The FMLA does not require the leave to be used in
one block; it may be used, when medically necessary, as “intermittent leave” or “reduced
schedule leave”. “Intermittent Leave” involves leave taken in separate blocks of time. For
example, intermittent leave could be used for doctor’s appointments or for periodic treatments
(e.g., physical therapy or chemotherapy). “Reduced schedule leave” involves a reduction in an
employee’s daily or weekly hours of work when the health provider so requires. Leaves of these
types are not available after the birth or placement of a child in adoption or foster care of the
employee to care for the healthy child. Intermittent leave is available for other types of leave,
including the employee’s own or the employee’s family member’s serious health condition and
leave due to qualifying exigencies.
Leaves of this type will be counted (pro rata based on the employee’s regular schedule) towards
statutory entitlements. Employees must make reasonable efforts to schedule leave for planned
medical treatment so as not to unduly disrupt the employer’s operations. If an employee
requests an intermittent or reduced schedule leave, the company may require that the employee
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transfer temporarily to an alternative position, for which they are qualified and which provides
equivalent pay and benefits, in order to accommodate both the employee’s schedule and the
Company’s needs.
Your Rights Under the FMLA: The FMLA makes it unlawful for any employer to: (1) interfere
with, restrain, or deny the exercise of any right provided under the FMLA; or (2) discharge or
discriminate against any person for opposing any practice made unlawful by FMLA or for
involvement in any proceeding under or relating to FMLA.
Enforcement: You may file a complaint with the U.S. Department of Labor or may bring a
private lawsuit against an employer. The FMLA does not affect any federal or state law
prohibiting discrimination, or supersede any state or local law or collective bargaining
agreement which provides greater family or medical leave rights.
You may have additional unpaid leave eligibility under your state’s laws. Please consult Human
Resources and see the state specific sections for additional information.
ADDITIONAL INFORMATION ABOUT OUR FMLA POLICY
Definition of “Serious Health Condition”: A serious health condition is an illness, injury,
impairment, or physical or mental condition that involves either an overnight stay in a medical
care facility, or continuing treatment by a health care provider for a condition that either prevents
the employee from performing the functions of the employee’s job, or prevents the qualified
family member from participating in school or other daily activities.
Subject to certain conditions, the continuing treatment requirement may be met by a period of
incapacity of more than three consecutive calendar days combined with at least two visits to a
health care provider or one visit and a regimen of continuing treatment, or incapacity due to
pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of
continuing treatment.
Concurrent Nature of Leave: FMLA and other leaves run concurrently. For example, an
employee would not be able to take 12 weeks of maternity leave under the FMLA and then
additional weeks for maternity leave under the disability leave in the same 12 month period.
Return from Leave: Upon return from leave, Employee must be restored to original or
equivalent position with equal pay, benefits and other employment terms; use of FMLA leave
cannot result in the loss of employment benefits that accrue prior to the start of an employee’s
leave.
If the leave is due to Employee’s own serious health condition and is two weeks or longer,
Employee will also be required to furnish the Company with medical certification of their fitness
to return to work prior to returning to work.
Health Insurance: Subject to the terms, conditions, and limitations of the applicable plans, the
Company will continue to provide health insurance benefits for the full period of an approved
family and medical leave. Employees are responsible to pay their regular weekly contribution
towards health and dental insurance. Failure to make such payments may result in termination
of benefits.
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Failure to Return to Work: If an employee fails to return to work at the end of his or her leave,
his or her employment will be considered voluntarily terminated. The employee will be liable to
the Company for any health insurance premiums paid on the employee’s behalf. The Company
may pursue legal remedies to collect those amounts.
Use of Vacation/Sick/Personal Time: An employee must use available earned paid time off
during an unpaid family and medical leave if applicable. This paid leave will occur concurrently
with the family and medical leave.
Our Responsibilities: The Company must inform employees who have requested leave whether
they are eligible for leave under the FMLA. If the employee is eligible, the company must
provide a notice specifying additional information requested, as well as the employees’ rights
and responsibilities. If the employee is not eligible, Company must provide the reason for
ineligibility.
Company must also inform employees if the leave will be designated as FMLA-protected leave
and the amount of leave counted against the employee’s leave entitlement. We must also notify
employees if we determine the leave is not FMLA protected.
Your Responsibilities: Employee must provide 30 days advance notice of the need to take
family medical leave when the need is foreseeable. When 30 days’ notice is not possible,
Employee must provide notice as soon as practicable and generally must comply with the
Company’s call-in procedures.
Employee must provide sufficient information for the Company to determine if the leave may
qualify for family medical leave protection and the anticipated timing and duration of the leave.
Sufficient information may include that the Employee is unable to perform job functions, the
family member is unable to perform daily activities, the need for hospitalization or continuing
treatment by a health care provider, or circumstances supporting the need for military leave.
Employee also must inform the Company if the requested leave is for a reason for which family
medical leave was previously taken or certified.
Employees requesting a leave for personal or family medical reasons will generally be required
to provide a medical certification. Under most circumstances, the medical certification must be
provided to the Company within fifteen (15) calendar days of the request for leave. Further
medical verification may be required during the leave. Moreover, employees on leave may be
contacted periodically for updates concerning their status and intent to return to employment.
Employees are expected to be fully cooperative and responsive to such requests. Failure to
provide requested certification within 15 days after certification is requested will result in a denial
of the employee’s leave.
Restoration of Rights. Under FMLA, an employee is entitled to reinstatement to their old job or a
comparable position. Reinstatement will include full seniority to the date the leave began, as
well as all other benefits accrued at that time. However, the employee will not earn additional
seniority or accrue other benefits while on leave. Employees are also not entitled to a more
favorable employment status as a result of taking leave. Thus, the employee on leave is subject
to pay or benefit reductions or other adverse actions, including layoff, that would have been
experienced had the employee not been on leave.
Contact your Human Resources Manager if you would like further information regarding family
and medical leave.
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K. Other Leave
Company may, from time to time, grant unpaid leave in its sole discretion or where required by
state law (see state specific sections). Unless otherwise required by law, any period of leave
greater than two (2) weeks will result in the termination of employee’s participation in
Company’s health insurance unless employee wishes to assume the full premium cost through
COBRA. If you reside in certain states, you may be entitled to additional types of leave. Please
see Company bulletin for state specific leave if applicable.
L. Worker’s Compensation
On the job injuries are covered by our worker’s compensation insurance policy, which is
provided at no cost to you. If you are injured on the job, no matter how slightly, you must report
the incident immediately to your supervisor. Failure to promptly report an injury may result in
the loss of benefits.
The Company feels that as a responsible employee you should notify management of any
conditions which you feel could lead to or contribute to an employee accident. The Company
asks for your assistance in this regard.
The Employee Portal contains state specific Worker’s Compensation information.
Contact your Human Resources Manager to request further information regarding Worker’s
Compensation Insurance.
M. 401K Profit Sharing Plan
The plan provides small balance cash-outs and rollovers.
o If your employment with the Company is terminated and your 401K account balance
is $5,000 or less but greater than $1,000, your account balance will be rolled over to
an IRA if you fail to respond to a cash-out notice in a timely manner.
o Balances less than $1,000 will be distributed as a lump sum cash payment.
Employees will not be automatically enrolled in the Plan.
o Employees are eligible to enroll in the plan on the first day of the month, following a
sixty (60) day wait period. Submission form can be retrieved from the Employee
Portal.
V. ON THE JOB
A. Employee Orientation
Upon joining the Company, you will be provided with a copy of this employee handbook and
asked to complete various personnel, payroll and benefit forms. You will be provided an
employee onboarding checklist which clearly defines the expectations to get you oriented with
the Company’s policies and procedures.
Your supervisor is responsible for the operations of your department and he or she is a good
source of information concerning the Company and your job.
B. Attendance and Punctuality
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Both attendance and punctuality are important for the success of our Company and for your
success within the Company. The Company functions as a team and this requires that each
person be in the right place at the right time.
If you are going to be late for work, or absent, you must notify your immediate superior as soon
as possible, and prior to the start of your work day.
If you are absent for three (3) days without notifying your supervisor or the Company, it is
assumed by the Company that you have voluntarily abandoned your position with the Company
and you will be removed from the Company payroll. This does not suggest that you get two (2)
days of absences without notice. You may be terminated for one (1) day of absence without
proper notice, at the discretion of the Company.
Severe weather is to be expected during the winter months in specific regions. Although driving
may be at times difficult, it is a hardship all may endure. When caution is exercised, the roads
are normally passable. Except in cases of severe storms, all employees and officers are
expected to work regular hours and, as such, time taken off due to poor weather conditions is
unpaid.
Other:
Should you be out based on a medical condition such as an illness, you must provide a doctors
certification after three (3) missed scheduled shifts.
C. Work Week
Typical days are: Wednesday 9-11, Thursday 9-7, Friday 10-8, Saturday 9-7, Sunday 10-6.
Schedule may change depending on specific retail location and is subject to extended show
calendar.
D. Meal Time
You are entitled to a thirty (30) minute, unpaid meal break each day. Your supervisor is
responsible for scheduling your particular meal period.
E. Standards of Conduct
Each employee has an obligation to observe and follow the Company’s policies and to maintain
proper standards of conduct at all times (both inside and outside the workplace). Employees
are a reflection of our Company, our culture and our values. As a Company, we:
 Strive to be fair, honest and trustworthy in all of our business practices;
 Strive to obey public laws; to uphold our own exacting standards as well as those set by
our industry;
 Strive to conduct all of our business relations in a manner that respects the rights and
property of others.
 Expect all employees to conduct themselves with personal integrity and respect for the
Company, each other, our suppliers, our competitors and our customers.
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Employees must be truthful and accurate in all information they report to the Company.
Documents requiring such honesty include, but not limited to: Employment papers, sales or
other measurable performance records, time records, and expense reimbursements.
Employees are expected to cooperate and comply with investigations.
If an employee’s behavior interferes with the orderly and efficient operation of a department,
disciplinary measures will be taken. Disciplinary measures may include either a verbal or
written warning, a suspension without pay, or discharge. The appropriate disciplinary action
imposed will be determined by the Company, at the Company’s sole discretion. The Company
does not make any guarantee that one form of discipline will necessarily precede another.
Violation of rules and standards may, depending on the seriousness of the offense and all
pertinent facts and circumstances, result in disciplinary action, including a verbal or written
warning, suspension or immediate discharge or termination. Company does not follow a policy
of progressive discipline, meaning that any offense may result in immediate discharge. The
following misconduct, while not all inclusive, are examples of misconduct which may result in
discipline up to including discharge at the Company’s sole discretion:
 Violation of the Company’s policies or safety rules;
 Insubordination;
 Poor attendance and/or tardiness, including failure to report for a scheduled work shift,
meeting or leaving during a shift;
 Possession use or sale of alcohol or controlled substances on work premises or during
work hours;
 Poor performance;
 Physical or sexual harassment or disrespect to fellow employees, visitors or other
members of the public;
 Violation of the Social Media Policy (Exhibit B) or other policies in this Handbook or
separately distributed to employees;
 Any and all theft, misappropriation, misuse or removal of customer, employee or
company property;
 Rudeness or foul language in front of customers and/or other employees;
 Altering or submitting false time records;
 Possessing firearms, explosives, knives or other weapons, or items designed to look
like weapons, on Company or Retailer’s premises;
 Any willful or negligent destruction or damage to any Company property or the property
of any other Retailer, employee or customer;
 Failing to maintain professional conduct or appearance;
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 Offering any other services or discounts beyond the specified promotion or sale;
 Making or receiving excessive personal telephone calls, texts or other electronic
communications during working hours. Cell phones are not allowed on the selling floor.
o Personal calls and other electronic communications should be made on the
Employee’s scheduled break, in a designated break location and away from the
program display. While work related calls and communications can take place in
working areas, they should be brief;
 Publicly criticizing Company or Company’s Retailers, its services, its personnel or its
vendors, or soliciting other employees to leave the Company;
 Deliberately suppressing or distorting product knowledge;
 Using the Company’s name or information to procure goods, services or credit for
personal use (Examples include, but are not limited to, setting up credit or purchasing
accounts in the Company’s name with local businesses or through mail order
catalogues);
 Violating Company’s Conflict of Interest Policy;
 Excluding or denying services or benefits to any customer, potential customer or other
employees based upon membership in a protected class, such as race, color, creed,
age, gender, physical or mental disability, veterans status, pregnancy, or national origin,
nor grant any discriminatory consideration or advantage;
 Conducting business in such a way that exposes the customer to unnecessary
embarrassment or disparagement;
 Committing certain crimes, and
 Having unacceptable levels of inventory as defined by the Company’s standards will be
investigated and addressed accordingly.
In addition, Employees representing Company in Retail locations must:
 Understand we are guests in the Retail environment and Retail Club Management is the
person of authority.
 Always present a positive and polite experience for Members and Customers.
 Dress professionally and appropriately for the program you are representing.
 Always wear identification badge displayed appropriately.
 Notify and/ or obtain permission from the Company before leaving a job site during work
hours for any reason.
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 Always keep on-hand receipts for anything purchased in the Retail store, such as food,
drink or any other item. Present the receipt immediately if a member of management
asks. Receipts must be kept for the entire duration of your shift or special event.
 Adhere to all rules for breaks and always post proper signage when stepping away from
the booth.
 Be thoroughly trained and comfortable with the product, program, pricing and offers.
 Present only the program/ offer available at that Retailer.
 Pass related product knowledge test.
 Always abide by Retailer policies and procedures.
 Refrain from fraternizing with Retail Employees and always maintain a professional
relationship.
F. Customer and Public Relations
The Company’s reputation has been built on excellent service and quality of work. To maintain
this reputation requires the active participation by every employee.
Opinions and attitudes towards the Company may be determined for a long period of time by
the actions of one employee. Each employee must be sensitive to the importance of providing
courteous treatment in all working relationships.
G. Solicitation and Distribution
To ensure a productive and professional work environment, solicitation by an employee of
another employee is prohibited while either person is on working time.
Employee distribution of literature, handbills or other printed materials in work areas (including
client’s stores) is prohibited at all times.
Solicitation or distribution of literature by non-employees on Company premises is prohibited at
all times.
H. Changes in Personal Data
The Company needs to maintain up-to-date information about you so we are able to aid you and
your family in matters of personal emergency.
Please provide changes in your name, address, telephone number, marital status, number of
dependents or changes in next of kin and/or beneficiaries promptly to your Human Resources
Manager or by updating your information via the Company’s online employee portal.
I. Protecting Company Information
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It is the responsibility of every employee to protect the Company’s confidential information and
all employees and officers share a common interest in ensuring that such information is not
properly or accidentally disclosed.
Do not discuss the Company’s confidential business with any individual outside the Company.
Do not respond to any media inquiries but refer them to the Vice President of Retail Operations.
The business affairs of the Company should not be discussed outside the organization except
when required in the normal course of business. Information concerning manufacturing,
processes, material purchases, regulatory matters, and similar subjects should be regarded as
trade secrets and confidential information, the disclosure of which to unauthorized persons is
harmful to the Company’s business. Access to any sensitive Company information and
operating procedures will be limited to those employees on a “need to know” basis only.
Unauthorized employees are prohibited from attempting to obtain or observe this information.
Any employee in the possession of confidential information or trade secrets is responsible for
their security and extreme care must be taken to ensure that this information is safeguarded to
protect the Company, its suppliers and its customers.
J. Conflicts of Interest
An employee’s primary duty is to represent the Company at all times to the best of his or her
ability. To this end, an employee should not become involved in any situation which may create
a personal interest or place the employee under an obligation that may interfere with this
primary duty. Each employee has the duty to be free at all times from any influence with might
conflict or appear to conflict with the interest of the Company or which might deprive the
employee of his or her undivided loyalty and business dealings.
Several examples of conflict of interest which should always be avoided are set forth below, and
similar situations must be scrupulously avoided.
1. If an employee or member of his or her immediate family has a financial interest in a firm
which does business with the Company and the interest is sufficient to effect the
employee’s decisions or actions, the employee must report the interest to the Company
and must not represent the Company in any such transaction;
2. No employee or member of his or her immediate family shall accept gifts from any
person or firm dealing or seeking to do business with the Company under any
circumstances from which it might be reasonably inferred that the purpose of the gift is to
influence the employee in the conduct of Company business. Such gift should be
returned with a note of explanation. Employees are not prohibited from accepting
advertising novelties such as pens, pencils and calendars or other gifts of nominal value
when circumstances clearly show that such gifts are offered for reason simply of
personal esteem and affection.
3. No employee shall directly or indirectly give, offer or promise anything of value to any
representative of any financial institution in connection with any transaction or business
that the Company may have with such financial institution.
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4. No employee should maintain an ownership interest (for example, stock) in a competitor
of the Company.
5. No employee should directly or indirectly engage in conduct which is disloyal, disruptive,
competitive or damaging to the Company.
K. Care of Equipment
You are expected to use proper care when using the Company’s property and equipment. No
Company property may be removed from the premises without the proper authorization. If any
Company property is lost, broken or damaged for any reason whatsoever, you must report it to
your supervisor immediately.
L. Dress Code Policy
All employees are expected to maintain the highest standard of professional cleanliness and
present a neat, professional appearance at all times. Refer to the Dress Code Policy for specific
details.
M. Outside Employment
The Company requires you to provide notification of your other employment relationships. Prior
to starting a new position at an outside company, you are required to notify your Human
Resources Manager in writing.
Any outside employment must not conflict in any way with your responsibilities with the
Company. You may not for any reason work for a competitor.
N. Bulletin Board
Summit Retail Solutions, Inc. Online Portal
O. Good Housekeeping
Good housekeeping, good work habits and a neat place to work are essential for job safety and
efficiency. All employees are expected to keep their place of work organized and in good order
at all times. All employees are expected to report anything that needs repair or replacement to
their immediate supervisor. All employees are expected to respect the rules and company
expectations of the retailers they may be assigned to work in.
P. Smoking Policy
The Company is committed to providing a safe and healthy environment for employees and
visitors. Due to recent EPA rulings which have raised concerns in regards to the effects of
health caused by second-hand smoke, smoking is prohibited in all indoor areas, including client
stores, and is allowed only in outside areas designated as smoking areas. Tobacco includes:
cigarettes, cigars, pipes, chewing tobacco, and smokeless cigarettes (e-cigarettes). Company
does not discriminate against employees based on tobacco use that complies with this Policy.
However, smoking is not allowed on any Retailer property, unless in one’s personal vehicle.
Company prohibits the use of tobacco within the retail locations we work in, including: (1)
restrooms, lunchrooms, and all indoor work areas; (2) backrooms, loading docks and
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stockrooms; and (3) the perimeter of the building within 20 feet. The back door (receiving area)
and the surrounding areas are considered Company property and must never be utilized for
smoking. Exiting through the back door for breaks, meals and/ or smoke breaks is strictly
prohibited. There should be no smoking in areas that are visible to customers or members of
the retail establishments or other places of business that an employee is running a roadshow or
event.
Employees who violate this policy may be subject to discipline, up to and including termination
of employment.
Q. General Safety Precautions
Safety can only be achieved through teamwork at the Company. Each employee supervisor
and manager must practice safety awareness by thinking defensively, anticipating unsafe
situations and reporting unsafe conditions immediately.
Please observe the following precautions:
1. Notify your supervisor of any emergency situations. If you are injured or become sick at
work, no matter how slightly, you must inform your supervisor immediately.
2. Request assistance when lifting or pushing heavy objects.
3. Understand your job duties fully and follow instructions. If you are not sure of the safest
procedure, don’t guess, ask your supervisor.
4. Know the locations, contents and use of all first aid and firefighting equipment.
5. The possession, discharge or display of any firearms is strictly prohibited.
The violation of any safety precaution is in itself an unsafe act and may lead to disciplinary act
up to and including discharge.
R. Substance Abuse
The Company strives to provide a safe work environment and encourages good personal health
habits. In this regard, the Company considers on the job use of drugs or alcohol to be unsafe
and counterproductive. No employee shall work, report to work, or be present on Company or
client premises or engaged in Company activities while under the influence of alcohol or an
illegal drug.
Illegal drugs are controlled substances recognized as a drug in the United States and/or defined
as illegal under federal, state or local laws.
A controlled substance is not illegal if an employee is proscribed the substance and uses the
substance according to the prescription. No employee may possess or consume alcohol or
illegal drugs on Company premises or on any Retailer’s property that Summit Retail Solutions,
Inc. conducts business with at any time.
The unlawful unauthorized manufacture, distribution, dispensation, possession, sale or use of
alcohol or illegal drugs on Company or client premises or while engaged in Company activities
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is strictly prohibited. Any violation of this substance abuse policy may result in disciplinary
action, up to and including discharge. Please be advised that substance abuse includes not
only the manufacturing, possession, use, purchase or sale of drugs or alcohol on Company or
client premises, but includes reporting to work under the influence of illegal drugs or alcohol.
This will not be tolerated. From time to time alcohol use at Company functions may be
permitted in moderation if the Company specifically authorizes the same.
The Company reserves the right to take any and all appropriate and lawful actions necessary to
enforce the substance abuse policy including, but not limited to, the inspection of the
employee’s personal property while employee is working. All employees are expected to fully
comply with this policy.
Consistent with our fair employment policy, the Company maintains the policy of nondiscrimination
and reasonable accommodation with respect to recovering addicts or alcoholics.
S. Reimbursement
The Company may reimburse employees for the reasonable cost of transportation, meals,
demonstration items, and travel incurred on Company business. Employees must obtain prior
written approval of both the type and anticipated cost of the expense from his/her Market
Manager in writing prior to incurring the expense.
In order to be considered for reimbursement, you must submit a completed Expense Report to
expenses@summitretailsolutionsinc.com within 30 days of incurring the expense. The report
must be signed by your supervisor and must contain receipts for all meals, lodging,
demonstration items, and transportation for which you are seeking reimbursement. Failure to
provide such receipts or submission of an incomplete or late Expense Report will result in you
not being reimbursed. Please review the Expense Reimbursement Policy for more details.
T. Use of Your Own Vehicle
Summit Retail Solutions, Inc. employees may need to use their personal cars for Company
business such as transporting goods or marketing materials to other places of business or
business errands such as going to a supply store. Normal commutes to and from Retail
locations to and from an Employee’s home is not considered business use.
All employees who use their personal vehicles for Company business accept the responsibility
of incurring the necessary expenses to ensure their vehicles are in safe operating condition.
Employees must notify Company immediately of all accidents that occur on Company time or
while conducting Company business.
Any employee who uses his or her personal vehicle for Company business must have a valid
driver’s license or other valid driver authorization. It is not the Company’s policy to reimburse
for any gas, mileage or tolls within the home geographic location. Summit Retail Solutions, Inc.
employees are not paid for commute time- only paid when they are working in the retail location.
In rare circumstances, you may be required to travel outside of your typical geographical area
(defined as home POD). Out-of-pocket fees incurred while traveling on Company business
outside Employee’s home POD may be reimbursed with prior approval from your Market
Manager. This must be done with prior written approval. If traveling outside of your home POD,
Employees may be eligible for gas and or travel reimbursement. This would only be reimbursed
with prior approval from your Market Manager. Any request for reimbursement must have prior
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approval and, with the Company’s discretion. All travel receipts must be saved to generate an
expense report. The Company assumes no responsibility beyond pre-approved out- of- pocket
tolls and parking fees incurred while traveling on business out of your home POD.
Company does not provide automobile insurance of any kind for any employee that uses his or
her personal automobile. In the event that an employee is involved in an accident while using
their automobile, the employees are solely legally liable for any damage to their cars and any
related claim or lawsuit. The Employee is required to carry at least the minimum insurance
coverage required by law.
Automobiles used for Company business must be covered by automobile liability insurance with
bodily injury limits and property damage limits of not less than those required by the states in
which the vehicle is registered.
While on Company business, no passengers, other than Summit Retail Solutions, Inc.
employees are permitted in the vehicle without prior written approval.
The responsibility of operating any vehicle in a safe manner lies with the individual driver. Cell
phones should only be used in the accordance with the cellular phone/ device policy.
Summit Retail Solutions, Inc. reserves the right to check motor vehicle records, motor vehicle
safety inspection certificates and insurance certificates annually or more frequently.
Employees who do not meet the minimum standards, could be subject to a change in job or
dismissal.
U. Travel
At times, employees may be asked to travel outside of his or her home POD. Summit Retail
Solutions, Inc. will review travel requests from Manager and provide pre-approval depending on
distance outside of home POD. The Company does not generally provide cash advances for
travel. Company will, however, arrange travel accommodations on employee’s behalf. All
reservations, including airline, hotel, car rental, and other, will be made by Company’s travel
team, unless otherwise agreed to by Director of Human Resources.
Travel will be requested by management and booked through Company’s travel team. Should
there be questions regarding travel, Employee should contact his or her Manager and Travel
Team (travel@summitretailsolutionsinc.com). If a last minute situation occurs, pre-approval for
self-booking and reimbursement is granted. Employees are to report their approved expenses
on the appropriate Expense Reimbursement Form. Please review the Expense Reimbursement
Policy for more details.
Hotel Accommodations: Hotel bookings are generally reserved at least a day prior or the day of
a Roadshow start once confirmation of show is obtained. Hotel assignments are to be
Male/Male or Female/Female. Opposite sex assignments are not permissible. Should you
require a hotel reassignment for any reason, please contact your Manager and the Travel
Team.
Airline Travel: Whenever air transportation is used, reservations are to be made as far in
advance as possible and the lowest airfare should be used.
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Car Rental: Whenever car rentals are reserved, economy-class vehicles are to be booked (i.e.,
less than or equal to mid-size). When three or more travelers share a vehicle, rental of a fullsize
sedan is standard.
Self-Booking: Pre-approval on all self-booking is required in writing.
Should you require special assistance or travel accommodation, please contact Director of
Human Resources immediately.
V. If You Must Leave Us
Should you decide to leave your employment with the Company, we request that your provide
your supervisor with at least two (2) weeks advance notice. Your thoughtfulness in providing
such notice is appreciated and will be notable favorably in your personnel file.
In addition, all employees voluntarily terminating their employment with the Company are
required to complete a brief exit interview prior to leaving.
Finally, you should notify the Company if your address changes at any time during the calendar
year in which you terminate your employment so that important tax information will be sent by
the Company to the proper address.
W. Reference Policy
Employees seeking references should be directed to Human Resources Department. It is policy
of Summit to only provide confirmation of employment, positions held by the employee and the
dates of employment in response to reference requests. If a supervisor receives a request from
a former employee to serve directly as a reference, the supervisor should refrain from response
and direct the reference request to the Human Resources Department.
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RECEIPT OF THE EMPLOYEE HANDBOOK
I, the undersigned, have this day received a copy of the _____________ Employee Handbook.
I understand that this handbook (and its Exhibits and State Specific Section) has been provided
to me for guidance purposes only, and that this Handbook is not a contract of employment, nor
does it provide me with any contractual rights.
I understand that I am an employee-at-will, and that I or the Company may terminate our
employment relationship at any time for any reason or no reason at all.
I understand that this Handbook replaces any and all prior handbooks, policies and practices of
the Company, and I also understand that the policies and benefits contained herein may be
added to, deleted, disregarded or changed by the Company at any time in its sole discretion,
and that the Company will provide me with notice of such changes.
Name: ____________________________________________
Date: ____________________________________________
Employee’s Signature: _______________________________
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Exhibit A
Guidelines for Employee Relationships
During working time and in working areas employees are expected to keep personal exchanges
limited so that others are not distracted or offended by such exchanges and so that productivity
is maintained.
During non-working time, such as lunches, breaks and before and after work periods, employees
are not precluded from having appropriate personal conversations in non-work areas as long as
their conversations and behaviors could in no way be perceived as offensive or uncomfortable to
a reasonable person.
Employees are strictly prohibited from engaging in physical contact that would in any way be
deemed inappropriate by a reasonable person while anywhere on Company premises, whether
during working hours or not.
Employees who allow personal relationships with coworkers to affect the working environment
will be subject to appropriate corrective action. Failure to change behavior and maintain expected
work responsibilities may be viewed as a serious misconduct.
Employee off-duty conduct is generally regarded as private, as long as such conduct does not
create problems within the workplace. An exception to this principle, however, is romantic or
sexual relationships between two individuals employed by Summit.
Employees must disclose the existence of any relationship with another coworker that has
progressed beyond a platonic friendship. Disclosure may be made to the immediate supervisor
or your Human Resources Manager. This disclosure will enable the Company to determine
whether any conflict of interest exists because of the relative positions of the individuals involved.
Where problems or potential risks are identified, the Human Resources Manager will work with
the parties involved to consider options for resolving the problem. The initial solution may be to
make sure that the parties involved no longer work together on matters where one is able to
influence the other or take action for the other. Matters such as hiring, firing, promotions,
performance management, compensation decisions, financial transactions, etc., are examples of
situations that may require reallocation of duties to avoid any actual or perceived reward or
disadvantage.
In some cases other measures may be necessary such as transfer to other positions or
departments.
Refusal of reasonable alternative positions, if available, will be deemed a voluntary resignation.
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Continued failure to work with the Human Resources Manager to resolve such a situation in a
mutually agreeable fashion may ultimately be deemed insubordination and therefore serve as
cause for immediate termination.
The provisions of this policy apply regardless of the sexual orientation of the parties involved.
Any employee who feels they have been disadvantaged as a result of this policy, or who believes
this policy is not being adhered to, should make their feelings known to the Director of Human
Resources.
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Exhibit B
SOCIAL MEDIA POLICY
This policy applies to all employees’ use of Social Media regardless of whether the conduct is
during business hours or non-working hours, or whether the conduct occurs using any Summit
devices or personal devices/communication systems.
Summit recognizes that employees may engage in communication on the Internet and other
related outlets outside of work hours using personal electronic equipment through such avenues
as personal websites, blogs, Facebook, Twitter, LinkedIn, Instagram, YouTube, chat rooms,
webmail, email, and other social media (“Social Media”). When engaging in Social Media,
employees must bear in mind that such communications cannot be easily controlled and may be
widely distributed with or without the employee’s knowledge. It is imperative that employees avoid
engaging in communications that lead the reader to conclude that the communication is
connected to or made on behalf of Summit or which negatively reflect on Summit. Unless
specifically instructed, employees are not authorized to speak on behalf of Summit and if unclear
in the context, should make sure that the views they are expressing are solely their own.
The employees should comply with the following guidelines:
(a) Summit employees may not discuss clients, products, company information, client
information, work experiences, store experiences, or any confidential or proprietary
company information.
(b) Summit employees should not create online profiles, user names or identities that
indicate an affiliation with Summit unless specifically authorized to do so.
(c) Summit views its trademark, logo, employment agreements, policies, portal
documents, name and property as being proprietary and not available for use or
publication on the Internet by employees. Employees may not post photographs, videos,
or other pictorial characterizations of Summit’s trademark, logo, employment agreements,
policies, portal documents name or property for any reason unless it is within the specific
performance of their job duties and authorized. Creating or using Social Media or other
communications which identifies the employee’s affiliation with Summit (such as creating
an ID which identifies Summit) is prohibited unless previously approved by Summit.
(d) Employees should never post any personal information, photos, etc. about a coworker,
store or customer.
(e) Employee’s social media usage should not identify Summit or describe their
employment with Summit unless express permission is given by Summit or unless as
provided below.
(f) If Summit determines that the employee is engaging in inappropriate Social Media
use, for example using any racial or ethnic slurs, profanity, personal insults, or any other
form of offensive language, employee may be disciplined, up to and including termination,
even if the Social Media did not in any way identify the employee’s relationship to Summit.
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(g) Managers should assume that employees they supervise will read what is written.
Managers should avoid comments that may adversely affect his/her ability to manage or
negatively impact his or her relationships with his or her reports.
(h) Employees should assume that Summit will read what they write. Employees have
no expectation of privacy in their use of Social Media that is publically accessible or that
becomes accessible to Summit through legal means. Before posting any comment, photo,
etc., employees should understand that there may be job-related consequences.
(i) If the employee “friends”, “is linked to”, “re-tweets”, “re-posts” or has other
connections with Summit employees on Social Media, all postings and communications
through that Social Media should be considered to be as if made during working hours
even if they are not generally public.
(j) Do not rely upon privacy settings. Privacy settings fail and information that is
“private” may very easily be shared with unintended users.
(k) Employees shall remember that when the employee’s affiliation with Summit
ceases, employees shall no longer refer to themselves as employees on Social Media
platforms.
(l) Employees should not advertise shows they are hosting without prior approval of
Summit.
Exceptions:
Encouraged Summit Social Media Use: Employees are encouraged to “Like” (or express a similar
positive response to) Summit’s official social media postings, connect with or be “friends” with
Summit’s official social media profile, or “re-tweet”, “share”, “re-publish” or otherwise share in a
positive, verbatim manner Summit’s official postings. This applies to all other social media sites.
NRLA Exception: Notwithstanding anything to the contrary herein, this policy does not prohibit
activities that are protected by the National Labor Relations Act (“NLRA”). Such activities
generally constitute communications amongst employees, or activities designed to elicit such
communications, which concern the terms and conditions of employment. An employee’s social
media activity will not be protected under the NLRA if it does not seek to involve other employees,
protests over the quality of services provided by Summit that are only tangentially related to
employee terms and conditions of employment, OR is an activity that is carried out in a reckless,
obscene, illegal or malicious manner. For example, a string of postings amongst employees
about payroll deductions is not subject to this policy and is permissible. Summit does not seek to
monitor such communications and such communications will not result in discipline by Summit.
By contrast, a string of posts amongst employees that pokes fun at a customer of Summit is
subject to this policy, monitoring and could result in discipline.
Photo and Video Release
The company asks that employees sign off on a photo or video release to publish photographs or
videos taken of me and my name and likeness, for use in the Summit Retail Solutions, Inc.'s print,
online and video-based marketing materials, as well as other Company publications, which may
be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the
finished product wherein my likeness appears.
Photographic, audio or video recordings may be used for the following purposes:
 conference presentations
 educational presentations or courses
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 informational presentations
 on-line educational courses
 educational videos
 marketing: on-line, collateral, banners
Any participation is voluntary and no employee will receive financial compensation or royalties of
any type associated with the taking or publication of these photographs or participation in
company marketing materials or other Company publications.
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Exhibit C
State Agencies
Connecticut Commission on Human Rights and Opportunities
25 Sigourney Street
Hartford, CT 06106
860-541-3400
Connecticut Toll Free 1-800-477-5737
Delaware: The Office of Anti-Discrimination
4425 N. Market St.
Wilmington, DE 19802
302-761-8001
District of Columbia- Office of Human Rights
One Judiciary Square
441 4th Street, NW, Suite 970 N
Washington, DC 20001
Tel: (202) 727-4559
Fax: (202) 727-9589
New Jersey Division on Civil Rights:
Trenton Regional Office - 609-292-4605 / TTY: 609-292-1785
Camden Office - 856-614-2550 / TTY: 856-614-2574
Atlantic City Office - 609-441-3100 / TTY: 609-441-7648
Newark Office - 973-648-2700 / TTY: 973-648-4678
Florida Commission on Human Relations:
2009 Apalachee Parkway, Suite 100
Tallahassee, FL 32301
Phone: 850-488-7082
Toll-Free: 1-800-342-8170
For Those with Communication Impairments:
The Florida Relay Service Voice (statewide) 711
TDD ASCII 1-800-955-1339
TDD Baudot 1-800-955 – 8771
Georgia Commission on Equal Opportunity (CEO)
West Tower, Suite 1002
2 Martin Luther King, Jr. Drive, SE
Atlanta, GA 30334
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Tel: (404) 656-1736
Fax: (404) 656-4399
Toll Free: (800) 493-OPEN
Maine Human Rights Commission
51 State House Station
Augusta, ME 04333-0051
Tel: (207) 624-6050
Fax: (207) 624-6063
TDD: (207) 624-6064
Maryland Commission on Civil Rights:
William Donald Schaefer Tower
6 Saint Paul Street, 9th Floor
Baltimore, MD 21202-1631
1-800-637-6247
Massachusetts Commission Against Discrimination:
One Ashburton Place
Boston, MA 02108
617-727-3990
Mississippi Equal Employment Opportunity Commission (EEOC)
Jackson Area Office
Dr. A.H. McCoy Federal Building
100 West Capitol Street, Suite 207
Jackson, MS 39269
Phone: 601-965-4537
New Hampshire Commission For Human Rights
2 Chenell Drive Unit 2
Concord, NH 03301-8501
Telephone: 603-271-2767
New York State Division of Human Rights:
Toll-free: 1-888-392-3644; TDD/TTY: 718-741-8300
North Carolina Office of Administrative Hearings, Civil Rights Division (FEPA)
1711 New Hope Church Road
Raleigh, N.C. 27609
Ohio Civil Rights Commission
1-888-278-7101
Pennsylvania Human Relations Commission (FEPA)
300 Liberty Avenue
Pittsburgh, PA 15222
Phone: 412-565-5395
Rhode Island Commission for Human Rights
180 Westminster Street, 3rd Floor
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Providence, RI 02903-3768
Phone: (401) 222-2661
South Carolina Human Affairs Commission
P.O. Box 4490
2611 Forest Drive, Suite 200
Columbia, SC 29204
Toll-free: (800) 521-0725
Tennessee Human Rights Commission (THRC)
General Information Statewide
Phone: (800) 251-3589
Nashville Office:
530 Church Street, Suite 305
Cornerstone Square Building
Nashville, TN 37243-0745
Phone: (615) 741-5825
Fax/3rd Floor: (615) 253-1886
Fax/4th Floor: (615) 532-2197
Toll-Free: 1-800-251-3589
Texas Workforce Commission -- Civil Rights Division
1117 Trinity St., Room 144T
Austin, Texas 78701
Toll-free within Texas: (888) 452-4778
Vermont Human Rights Commission
135 State Street
Drawer 33
Montpelier, VT 05633-6301
Voice/TTY: (802) 828-2480
Fax: (802) 828-2481
Toll Free: (800) 416-2010 Voice/TTY
Virginia Council on Human Rights:
Suite 1202, Washington Building, 1100 Bank Street,
Richmond, Virginia 23219,
1-804-225-2292
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Massachusetts State Notices
MA1. Massachusetts PTO (See Section IV(B) of the Main Handbook)
Employees who work in Massachusetts are entitled to Paid Sick Time. Employees accrue
paid time in the amount of 1 hour per 30 hours worked (nonexempt) or 1.34 hours per week
worked (exempt) for purposes of Massachusetts Paid Sick Time statute. Paid Sick Time is subject
to a forty (40) hour cap, meaning that an Employee will not earn time beyond forty (40) hours and
will stop accruing time once the cap is reach. Accrual will re-start once the time falls below the
cap. A maximum of 40 hours of Paid Sick Time can be taken per calendar year. Paid Sick Time
cannot be taken within the first ninety (90) days of employment.
Unused Paid Sick Time will not be paid upon termination. Leave taken for the following
purposes is considered to be protected under the Massachusetts Paid Sick Time statute: (1) to
care for the employee's child, spouse, parent, or parent of a spouse, who is suffering from a
physical or mental illness, injury, or medical condition that requires home care, professional
medical diagnosis or care, or preventative medical care; (2) to care for the employee's own
physical or mental illness, injury, or medical condition that requires home care, professional
medical diagnosis or care, or preventative medical care; (3) to attend the employee's routine
medical appointment or a routine medical appointment for the employee's child, spouse, parent,
or parent of spouse; or to (4) address the psychological, physical or legal effects of domestic
violence. When is taken for a qualifying reason, the employee needs to inform Company that the
leave is being taken for one of these reasons so that Company can treat it as protected.
PTO time taken for Massachusetts Sick Time Leave is subject to several protections.
Company will not take any action against any employee who is taking or attempting to take such
leave, or otherwise taking action to oppose what the employee believes is a violation of the law.
Should employees wish for PTO to qualify for Massachusetts Sick Time Protection, they should
mention the reason for the leave to Human Resources, which may then in turn require medical
documentation or other documentation for leaves lasting more than 24 hours. Employees must
provide 7 days’ notice (if foreseeable) of their intent to take Massachusetts Sick Time Leave.
Employees who have questions can call the Fair Labor Division of the Commonwealth of
Massachusetts Office of the Attorney General, 617-727-3465,
www.massgov/ago/earnedsicktime. Employees can file an action under the law with the Attorney
General and after 90 days (or earlier with consent) can bring a civil action in court.
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MA2. Massachusetts Paternity Leave Act (MPLA)
(See Section IV of the Main Handbook)
Full time employees (both male and female) are eligible for 8 weeks of unpaid
consecutive paternity leave under the MPLA if:
A. They have been employed for at least 90 days as a regular full-time employee; and
B. They are absent from such employment for a period not exceeding eight weeks for the
purpose of:
 giving birth; or
 adopting a child under the age of 18; or
 adopting a child under the age of 23, if the child is mentally or physically disabled;
and
C. They give the Company at least two weeks’ notice of the anticipated date of departure
and intention to return.
This leave is without pay though the employee may choose (but are not required to)
substitute accrued paid leave. When possible, MPLA leave will run concurrently with FMLA leave.
Employees will only be eligible for health insurance after the first two weeks of leave if they pay
the full cost of the health insurance through COBRA, unless otherwise legally required (for
example, when the leave also qualifies for FMLA time). Employees should give employers as
much advanced notice as practicable.
MA3. Massachusetts Small Necessities Leave Act
(See Section IV of the Main Handbook)
The Small Necessities Leave Act mandates that certain employers provide up to 24 hours
of unpaid leave during any twelve-month period to “eligible employees.” Company calculates the
12 month period as those months preceding the request. This leave is in addition to the 12 weeks
already allowed under the Federal Family and Medical Leave Act.
Employees are eligible for the 24-hour leave under the statute if their employer has 50 or
more employees working within 75 miles of the worksite of the employee requesting the leave. In
addition, the employee must (i) have been employed for at least 12 months by the employer and
(ii) provided at least 1,250 hours of service for the employer during the previous immediate 12
month period.
The twenty-four hours unpaid leave may be taken for any of the following reasons:
 To participate in school activities directly related to the educational advancement of a
son or daughter of the employee, such as parent-teacher conferences or interviewing
for a new school. School is broadly defined to include any private/public
elementary/secondary school, Head Start programs, and licensed day care facilities.
 To accompany the son or daughter of the employee to routine medical or dental
appointments, such as check-ups or vaccinations.
 To accompany an elderly relative of the employee to routine medical or dental
appointments or appointments for other professional services related to the elder’s
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care, such as interviewing at nursing or group homes. An “elderly relative” is defined
as a person at least 60 years of age, related by blood or marriage to the employee.
To be entitled to the leave, Employees must provide notice to the employer as follows: (1) if
the need for leave is foreseeable, the employee must request the leave not later than 7 days in
advance; and (2) if the need is not foreseeable, the employee must notify the employer as soon
as practicable under the particular circumstances of the individual case. To the extent possible,
employees must provide written notice to the employer. If not feasible, employees may request
leave orally. If oral notification is given, a written request must be submitted within three days.
MA4. Domestic Violence Leave (See Section IV of the Main Handbook)
An employee is eligible for Domestic Violence Leave when the employee has: (1) been
employed by the company for at least 12 months and (2) worked at least 1,250 hours in the 12
months preceding the leave.
Under Massachusetts’ law, eligible employees may take a total fifteen (15) days of unpaid
leave from work in any 12 month period if: (i) the employee, or a family member of the employee,
is a victim of abusive behavior; (ii) the employee is using the leave from work to: seek or obtain
medical attention, counseling, victim services or legal assistance; secure housing; obtain a
protective order from a court; appear in court or before a grand jury; meet with a district attorney
or other law enforcement official; or attend child custody proceedings or address other issues
directly related to the abusive behavior against the employee or family member of the employee;
AND (iii) the employee is not the perpetrator of the abusive behavior against such employee’s
family member.
“Family member” includes (i) persons who are married to one another; (ii) persons in a
substantive dating or engagement relationship and who reside together; (iii) persons having a
child in common regardless of whether they have ever married or resided together; (iv) a parent,
step-parent, child, step-child, sibling, grandparent or grandchild; or (v) persons in a guardianship
relationship.
Except in cases of imminent danger to the health or safety of an employee, an employee
seeking leave from work under this section shall provide appropriate advance notice of the leave
to the employer. If there is a threat of imminent danger to the health or safety of an employee
or the employee’s family member, the employee shall not be required to provide advanced notice
of leave; provided, however, that the employee shall notify the Company within 3 workdays that
the leave was taken or is being taken under this section. Such notification may be communicated
to the Company by the employee, a family member of the employee or the employee’s counselor,
social worker, health care worker, member of the clergy, shelter worker, legal advocate or other
professional who has assisted the employee in addressing the effects of the abusive behavior on
the employee or the employee’s family member. If an unscheduled absence occurs, the
Company shall not take any negative action against the employee if the employee, within 30 days
from the unauthorized absence or within 30 days from the last unauthorized absence in the
instance of consecutive days of unauthorized absences, provides satisfactory documentation
substantiating the need for leave.
The Company will require documentation to substantiate the need for leave under this
section, such as: (1) a protective order, order of equitable relief or other documentation issued by
a court of competent jurisdiction as a result of abusive behavior against the employee or
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employee’s family member; (2) a document under the letterhead of the court, provider or public
agency which the employee attended for the purposes of acquiring assistance as it relates to the
abusive behavior against the employee or the employee’s family member; (3) a police report or
statement of a victim or witness provided to police, including a police incident report, documenting
the abusive behavior complained of by the employee or the employee’s family member; (4)
documentation that the perpetrator of the abusive behavior against the employee or family
member of the employee has: admitted to sufficient facts to support a finding of guilt of abusive
behavior; or has been convicted of, or has been adjudicated a juvenile delinquent by reason of,
any offense constituting abusive behavior and which is related to the abusive behavior that
necessitated the leave under this section; (5) medical documentation of treatment as a result of
the abusive behavior complained of by the employee or employee’s family member; (6) a sworn
statement, signed under the penalties of perjury, provided by a counselor, social worker, health
care worker, member of the clergy, shelter worker, legal advocate or other professional who has
assisted the employee or the employee’s family member in addressing the effects of the abusive
behavior; (7) a sworn statement, signed under the penalties of perjury, from the employee
attesting that the employee has been the victim of abusive behavior or is the family member of a
victim of abusive behavior. Any documentation provided to an employer under this section may
be maintained by the employer in the employee’s employment record but only for as long as
required for the employer to make a determination as to whether the employee is eligible for leave
under this section. An employee shall provide such documentation within a reasonable period
after the employer requests documentation relative to the employee’s absence. All information
related to the employee's leave under this section shall be kept confidential by the employer and
shall not be disclosed, except to the extent that disclosure is: (i) requested or consented to, in
writing, by the employee; (ii) ordered to be released by a court of competent jurisdiction; (iii)
otherwise required by applicable federal or state law; (iv) required in the course of an investigation
authorized by law enforcement, including, but not limited to, an investigation by the attorney
general; or (v) necessary to protect the safety of the employee or others employed at the
workplace.
An employee seeking leave under this section shall exhaust all PTO leave and sick leave
available to the employee, prior to requesting or taking leave under this section, unless the
employer waives this requirement. By law, no employer (1) shall coerce, interfere with, restrain or
deny the exercise of, or any attempt to exercise, any rights provided under this section or to make
leave requested or taken hereunder contingent upon whether or not the victim maintains contact
with the alleged abuser; or (2) discharge or in any other manner discriminate against an employee
for exercising the employee’s rights under this section. The taking of leave under this section shall
not result in the loss of any employment benefit accrued prior to the date on which the leave taken
under this section commenced.
Upon the employee’s return from such leave, the employee shall be entitled to restoration
to the employee’s original job or to an equivalent position.
MA5. Massachusetts Jury Duty (See Section IV of the Main Handbook)
Massachusetts employees will be eligible for up to three days of paid leave at their normal
daily rate for the first three days in which they miss work to attend jury service in a calendar year.
PTO must be used during such leave if employee has accrued time.
MA6. Massachusetts Voting Leave (See Section IV of the Main Handbook)
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Upon advance notice, Massachusetts employees will be granted a leave of absence
during the two hours after the polls open in their districts on election days. This time will be unpaid
for nonexempt employees. If additional time is required to vote, employees should explain their
reasons for needing more time to vote in advance and such time may be granted.
MA7. Criminal Background Checks (Section IIE of Main Handbook)
This policy is applicable to the criminal history screening of prospective and current employees,
contractors, and volunteers.
Where criminal history for employment/work purposes is obtained by Company, the following
practices and procedures will be followed:
I. CONDUCTING SCREENING
Criminal background checks will only be conducted only as authorized by state laws. Depending
on state laws, criminal background information about arrests, probation, certain misdemeanors
and not relevant to your job or public safety will be disregarded.
Company will obtain your authorization prior to obtaining a criminal background check; however,
such authorization may be required for employment or continued employment.
II. ACCESS TO CRIMINAL RECORDS
All criminal record information obtained will only be made available to those limited to those
individuals at the Company who have a “need to know”. This may include, but not limited to,
hiring managers, staff submitting the requests, and staff charged with processing job applications
or other employees making employment decisions. Company will maintain and keep a current
list of each individual authorized to have access to, or view, criminal record information.
III. TRAINING
An informed review of a criminal record requires training. Accordingly, all personnel authorized
to review or access criminal records will review, and will be thoroughly familiar with, the
educational and relevant training materials regarding applicable laws/information about
background checks.
IV. USE OF CRIMINAL HISTORY IN BACKGROUND SCREENING
Criminal records used for application purposes shall only be accessed for applicants who are
otherwise qualified for the position for which they have applied. Unless otherwise provided by
law, a criminal record will not automatically disqualify an applicant. Rather, determinations of
suitability based on background checks will be made consistent with this policy and any applicable
law or regulations.
V. VERIFYING A SUBJECT’S IDENTITY
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For each criminal record received, the Company will closely compare the information in the record
with the information on the Acknowledgment Form and any other identifying information provided
by the applicant to ensure the record belongs to the applicant.
If the information in the record provided does not exactly match the identification information
provided by the applicant, a determination is to be made by an individual authorized to make such
determinations at Company based on a comparison of the record and documents provided by the
applicant.
VI. INQUIRING ABOUT CRIMINAL HISTORY
In connection with any adverse decision regarding employment or volunteer opportunities,
Company will cause the subject to be provided with a copy of the criminal history record obtained
and information about where the background check was obtained, prior to the Company
questioning the subject about his or her criminal history. The source(s) of the criminal history
record is also to be disclosed to the subject. If Company chooses to question a subject on an
item in a criminal record, Company will use its discretion when assessing the information provided
by subject in response to such questioning.
VII. DETERMINING SUITABILITY
If a determination is made, based on the information provided in Section V of this policy, that the
criminal record belongs to the subject, and the subject does not dispute the record’s accuracy (or
the Company otherwise believes the record to be correct), then the determination of suitability for
the position or employment action will be made. Unless otherwise provided by law, factors
considered in determining suitability may include, but not be limited to, the following:
a) Relevance of the record to the position sought;
b) The nature of the work to be performed;
c) Time since conviction;
d) Age of the candidate at the time of the offense;
e) Seriousness and specific circumstances of the offense;
f) The number of offenses;
g) Whether the applicant has pending charges;
h) Any relevant evidence of rehabilitation or lack thereof; and
i) Any other relevant information, including information submitted by the candidate
or requested by the organization.
The Company or Company’s third party record provider will notify applicant of the decision and
the basis for it in a timely manner.
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New York State Notices
NYC1. New York City PTO (See Section IV(B) of the Main Handbook)
Please see New York City PTO Notice.
NY2. Voting Time Off (See Section IV of the Main Handbook)
New York employees who do not have sufficient time outside working hours to vote may take off
up to two hours at the beginning or end of their shift, with pay, to allow the employees to vote on
election day.
“Sufficient” time is defined as four consecutive hours either between the opening of the polls
and the beginning of their shift or between the end of their shift and the closing of the polls.
Employees availing themselves of this time must notify the Company no more than 10 or not
less than 2 days before the day of the election that they will be taking the time.
NY3. Blood Donation Time Off (See Section IV of the Main Handbook)
New York employees have the right under Section 202-j of the New York Labor Law to take leave
for off-premises blood donations once every calendar year for a period of no more than three
hours during the employee’s regular work schedule. Leave taken for blood donation will be unpaid
or the employee may use their PTO time. Employees must give at least three days’ notice of their
intention to take such leave. Untaken leave will not carry-over into future calendar years.
NY4. New York Rights of Nursing Mothers to Express Breast Milk in the Workplace
In addition to the rights under Federal Law, New York employees have the right to take
reasonable unpaid breaks (generally less than 20 minutes) for the purpose of expressing breast
milk for up to three years following child birth under New York Labor Law § 206-c. Employees
wishing to avail herself of this leave must give the Company advanced notice of the need for
leave. Nonexempt employees may work before or after their normal shift make up the time taken
on breaks if desired. The New York law also requires the Company make reasonable efforts to
provide a private room or other location (non-restroom), in close proximity to the employee’s work
area, for expressing breast milk. Employers are prohibited under the law from discriminating
against employees who choose to express breast milk under the law.
NY5. Domestic Violence Victim Protection
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New York specifically states that domestic violence victims are a protected class. See the
following Sections: Equal Employment Opportunity; Harassment (Including Sexual Harassment).
NY6. New York Use of Criminal Convictions (See Section IIE of Main Handbook)
Notwithstanding anything to the contrary in the Handbook, use of criminal convictions for New
York employees will be subject to the following provisions.
Under New York law, a New York employer may not take adverse action against an employee
who has been previously convicted of one or more criminal offenses or because of a belief that a
conviction record indicates a lack of "good moral character" unless there is a direct relationship
between one or more of the previous criminal offenses and the specific employment sought or
held, or employment of the individual would involve an unreasonable risk to property or to the
safety or welfare of specific individuals or the general public. In order to determine whether there
is either a direct relationship or unreasonable risk, the employer must consider the following
factors set forth in the New York Correction Law (See Notice):
 The public policy of this State, as expressed in the Correction Law, to encourage the
licensure and employment of persons previously convicted of one or more criminal
offenses
 The specific duties and responsibilities necessarily related to the license or
employment sought or held by the person
 The bearing, if any, the criminal offense or offenses for which the person was
previously convicted will have on his fitness or ability to perform one or more such
duties or responsibilities
 The time which has elapsed since the occurrence of the criminal offense or offenses
 The age of the person at the time of occurrence of the criminal offense or offenses
 The seriousness of the offense or offenses
 Any information produced by the person, or produced on his behalf, in regard to his
rehabilitation and good conduct
 The legitimate interest of the employer in protecting property, and the safety and
welfare of specific individuals or the general public
In making the determination, the employer must give consideration to a certificate of relief from
disabilities or a certificate of good conduct issued to the individual, which creates a presumption
of rehabilitation in regard to any offense specified in the certificate. The factors must be applied
on a case-by-case basis and each of the factors must be considered. If any additional
documentation is needed, it must be requested of the employee before any adverse determination
is made. It is not unlawful to discriminate if, upon properly weighing all the factors set out above,
a reasonable, good faith decision is made that the previous criminal offense bears a direct
relationship to the job duties, or if employment of the individual would involve an unreasonable
risk to safety or welfare.
NY7. Lawful Off-Duty Conduct (See EEO Policy In Main Portion of Handbook)
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New York Labor Law § 201-d protects New York employees from discrimination against
employees for their lawful, off-duty conduct or use of lawful products (subject to certain exceptions
therein, such as the ability to prohibit competitive conduct off duty). To the extent any of the
policies herein conflict with this law, the law will govern and the policy will be null.
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Rhode Island State Notices
RI1. Rhode Island Parental and Medical Leave Act (IV(I) of Main Handbook)
The Rhode Island Parental and Medical Leave Act (“RIFMLA”) guarantees eligible Rhode Island
employees the right to unpaid leaves of absence under certain circumstances similar to those of
the federal FMLA.
Eligibility: You are eligible when you have: (1) been employed by the company for at least 12
months; and (2) worked for an average of thirty (30) hours per week during the twelve (12) month
period preceding the leave.
Basic Entitlements. Thirteen (13) consecutive weeks in any two calendar year period for: (1) the
birth of a child or placement of a child for adoption; (2) the employee’s own “serious illness” if the
condition makes the employee unable to perform his or her job; or (3) care of a spouse, child, or
parent (including a parent-in-law) because of a “serious illness” of that family member.
Serious Illness: A “serious illness” means a disabling physical or mental illness, injury,
impairment, or condition that involves inpatient care in a hospital, a nursing home, or a hospice,
or outpatient care requiring continuing treatment or supervision by a health care provider.
Intermittent and Reduced Schedule Leave. Not permitted.
Measurement. Not a rolling period but during a period of two calendar years.
TDI/TCI Leave. While FMLA leave is unpaid, employees may apply for TDI/TCI benefits through
the state. FMLA leave will run currently with any TCI leave provided by the state. For example,
your TCI job protection will end after the first 4 weeks of leave and the next 9 weeks represent
the remainder of the 13 weeks allowed under RIFMLA.
School Involvement Leave. The RIFMLA also affords full time employees a total of ten (10) hours
of leave during a twelve (12) month period to attend school conferences or other school related
activities for a child of whom the employee is the parent, foster parent or legal guardian.
Employees must provide at least twenty-four (24) hours’ notice of this leave. This leave is also
unpaid, but employees may substitute any accrued paid leave (such as vacation or personal
days) for any part of this leave.
THIS LEAVE RUNS AT THE SAME TIME AS ANY OTHER LEAVE, INCLUDING FMLA.
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Restoration of Rights. Under the RIFMLA, most employees are entitled to reinstatement to their
original or equivalent position. Reinstatement will include full seniority to the date the leave began,
as well as all other benefits accrued at that time.
Health Insurance. Subject to the terms, conditions, and limitations of the applicable plans, the
company will continue to provide health insurance benefits for the full period of an approved family
and medical leave. Employees are responsible to pay their regular weekly contribution towards
health and dental insurance. Failure to make such payments may result in termination of benefits.
RI2. Rhode Island Family Military Leave (See Section IV of Main Handbook)
Family Members. This policy applies to Rhode Island employees who have worked at least 1250
hours in the previous 12 months and have been employed for at least 12 months. The Company
will grant an unpaid leave of absence to employees whose spouse or child is called to military
service lasting longer than thirty (30) days by order of the Governor of the State of Rhode Island
or the President of the United States. The maximum amount of leave is thirty (30) days However,
leave may not be taken until and unless all accrued vacation, personal or other paid leave has
been exhausted (sick or disability leave does not have to be exhausted). The employee must
provide at least fourteen (14) days’ notice of the date the leave will commence if the leave is
expected to last for five (5) or more consecutive days. Otherwise, the employee shall provide as
much notice as practicable. The employee should consult with his or her supervisor so as to
schedule leave to not unduly disrupt company operations. During leave, the employee may
continue to obtain benefits such as health insurance at the employee’s expense. Vacation,
seniority and other benefits do not accrue during leave. Unless conditions unrelated to the
employee’s exercise of this leave prevent it, upon completion of leave, the employee shall be
restored to their former position or an equivalent position.
RI3. Rhode Island Temporary Caregiver Insurance (See Section IV of Main Handbook)
Temporary Caregiver Insurance (“TCI”). The Rhode Island TDI program also provides up to four
(4) weeks during a benefit year to employees who require a leave of absence in order to: (a) bond
with a newborn child or a child newly placed for adoption or foster care during the first 12 months
of parenting; or (b) care for a seriously ill child, spouse, domestic partner, parent, parent-in-law,
or grandparent. Being seriously ill means any illness, injury, impairment, or physical or mental
condition that involves inpatient care in a hospital, hospice, residential healthcare facility, or
continued treatment or continuing supervision by a licensed health care provider. As with TDI,
employees must have earned certain qualifying wages to be eligible for this program and
employees must apply to DLT for TCI benefits. Unlike TDI, qualified TCI leave does include an
approved leave of absence. The Company will provide up to four (4) weeks’ leave during a benefit
year for TCI leave as long as the employee: (a) qualifies for leave; (b) provides the Company with
proof of such qualification from DLT; and (c) provides the Company with written notice of the intent
to take a leave of absence at least 30 days before the leave is to begin, unless the leave was
unforeseeable or the time of the leave changes due to unforeseeable circumstances. Employees
who take qualified TCI leave will be restored to the position they held upon the commencement
of the leave, or to an equivalent position. The Company will continue to provide health insurance
to enrolled employees during the TCI leave, but employees remain responsible for any employeeshared
costs associated with the health insurance benefits. As it relates to TCI’s 4 weeks of job
protection, while actually applying for benefits is up to you, the Company will consider your leave
for TCI to run concurrently with any other leave so that your TCI job protection will end after the
first 4 weeks of leave (and for example the next 8 weeks represent the remainder of the 12 weeks
44 | P a g e
allowed under FMLA).Your continued absence from work beyond the leave granted will be
deemed a voluntary termination of your employment.
RI4. Rhode Island Temporary Caregiver Insurance (See Section IV of Main Handbook)
NOTICE OF RIGHT TO BE FREE FROM DISCRIMINATION BECAUSE OF
PREGNANCY, CHILDBIRTH AND RELATED CONDITIONS
State law protects employees and applicants from discrimination based on pregnancy,
childbirth and related conditions. Federal law provides similar protections.
 Employees and applicants have the right under Rhode Island law to request a
reasonable accommodation for conditions related to pregnancy, childbirth and related
conditions such as the need to express breast milk for a nursing child. This workplace
may not:
 Refuse to grant you reasonable accommodation unless it would create and undue
hardship on the employer’s enterprise, business or program;
 Require you to take a leave if another reasonable accommodation can be granted; or
 Deny you employment opportunities based on a refusal to provide a reasonable
accommodation.
If you want to request a reasonable accommodation, or if you have been discriminated against
based on pregnancy, childbirth or related condition, please contact one of the following staff
members: Director of Human Resources, Jilian Booth at 508-989-5433 or to the Human Resource
Manager, Michele Glassman at 774-305-5163.
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