Employee Handbook

Martino Landscape Contractors, Inc. Employee Handbook for Field Personnel TABLE OF CONTENTS INTRODUCTORY STATEMENT 3 MISSION STATEMENT 3 LETTER FROM THE OWNERS 4 PURPOSE OF THIS HANDBOOK NOTICE 5 SUPPLEMENTS/CHANGES 6 DEFINITIONS 6 EXCEPTIONS 6 Section I: EMPLOYMENT Organization Chart 7 Employment-at-Will 7 Equal Employment Opportunity 8 Affirmative Action Plan 8 Immigration Reform & Control Act of 1986 9 Americans With Disabilities Act (ADA) 9 Section II: PERSONNEL STATUS Employment Classifications 10 Tardiness and Absence 11 Personnel Records 12Work Rules and Performance Standards 13 Section V: GENERAL INFORMATION Open Door Policy 26 Injuries/Accidents 26 Sexual Harassment 27 Alcohol, Drugs, and Controlled Substances 29 Prohibited Items 29 Drug Testing 30 Moonlighting (Outside Activities) or Conflict of Interest 32 Personal Credit References 32 Driving Records 33 Personal Loans and Pay Advances 33 Media Relations 34 Use of Company Vehicles, Property, Equipment, Etc. 34 ATTACHMENTS Employee Statement of Acknowledgment Substance Abuse Testing Consent and Release Overtime 24 Disciplinary Form 24Performance Evaluations 25 Job Descriptions 25 INTRODUCTORY STATEMENT Welcome to Martino Landscape Contractors, Inc. This Employee Handbook – Field applies to all employees of Martino Landscape Contractors, Inc. It is intended to provide guidelines and summary information about the company’s personnel policies, procedures, benefits, and rules of conduct. It is important that you read, understand, and become familiar with this Employee Handbook and comply with the standards that have been established. Please talk with your immediate supervisor if you have any questions or need dditional information. The rules set out in this Employee Handbook are as complete as we can reasonably make them. However, they are not necessarily all inclusive because circumstances that we had not anticipated may arise. Some currently unanticipated circumstances may warrant the appl ication of discipline, including termination. In addition, Martino Landscape Contractors, Inc. reserves the right to modify, supplement, rescind, or revise any policy, benefit, or provision from time to time, with or without notice, as it deems necessary or appropriate. MISSION STATEMENTThe following is our mission statement at Martino Landscape Contractors, Inc. Martino Landscape Contractors, Inc. is committed to achieving the highest possible level of total customer satisfaction. Our goal is to make the environment safer and more attractive. All of our associates are dedicated, hard working people that have been equipped and trained to perform work in a correct and safe manner. We are committed to growth, stability, and providing meaningful employment. At Martino Landscape Contractors, Inc, we do the job ‘RIGHT. † LETTER FROM THE OWNERSWelcome to the Martino Landscape Contractors family! This Employee Manual answers some of the important and fundamental questions you m ay have about your employment with Martino Landscape Contractors, Inc. In it, you will find descriptions of Company policies and guidelines related to your employment. Should you have questions about your work here, please do not hesitate to discuss them with your immediate supervisor. We look forward to a long and mutually beneficial relationship. ______________________________ _____________________________ Roberto MartinoPURPOSE OF THIS HANDBOOK This Employee Handbook is intended to be a communications tool to inform employees about the policies, guidelines, benefits, and work practices that affect their employment with Martino Landscape Contractors, Inc. It will help you to understand your responsibilities to Martino Landscape Contractors, Inc. and the Company’s responsibilities to you. This Employee Handbook is not intended to, and should not be interpreted as, creating a contract of employment. While Martino Landscape Contractors, Inc. elieves that one of the best ways t o develop an employee’s trust and confidence in the Company is to perform in a consistent manner, it is important to realize that changes to our daily practices may occasionally be necessary. Therefore, Martino Landscape Contractors, Inc. reserves the right to change, modify, delete, or add to any of the policies and practices listed herein, in accordance with management’s best judgment. We require that you read all of this Employee Handbook carefully. You are also encouraged to take it home to your family so that they can also become familiar with it.You should refer to this manual first when you have any questions. If you still are not certain, please contact your immediate supervisor. NOTICE The policies in this Employee Handbook are to be considered as guidelines. Martino Landscape Contractors, Inc, at its sole option, may change, delete, suspend, and discontinue any part of its policies in this Handbook with or without any prior notice. Any such action shall apply to existing, as well as future, employees, with continued employment being the consideration between the employer and the employee.No one other than the President of Martino Landscape Contractors, Inc. may alter or modify any of the policies in this Employee Handbook. No statement or promise by a supervisor, manager, or department head may be interpreted as a change in policy, nor will it constitute an agreement with an employee. Should any provision in this Employee Handbook be found to be unenforceable and/or invalid, such finding does not invalidate the entire Employee Handbook, but only the subject provision. DEFINITIONS This Employee Handbook deals only with Field personnel.Field personnel include those employees whose work is performed principally in the Field. This includes the following: †¢ County Supervisors †¢ Tractor Operators or Crew Members †¢ Lawn Care Crew Members †¢ Weed Whacker Crew Members This Employee Handbook also covers Field personnel who are brought to the Main Office or the Shop on an as needed or temporary basis . EXCEPTIONS In some cases exceptions can be made to policies listed in this Employee Manual. In most cases exceptions will not be allowed. Only the President can make exceptions to stated Company policies.Exceptions are NOT automatically granted, and very few will be granted. If you request an exception, it is your responsibility to provide justification for the President to grant an exception. SECTION I: EMPLOYMENT ORGANIZATION CHART Martino Landscape Contractors has a formal, functional organization chart. This organization chart demonstrates the â€Å"chain of command† at Martino Landscape Contractors. It is your obligation to know and follow this â€Å"chain of command. † According to this chart, you have only one boss. Your boss is the individual who provides you with all work-related instructions.You should ask this individual, and this individual only, about all work related questions . If, after the conclusion of this discussion, you are not satisfied, let your immediate supervisor know that you would like to discuss this matter with their immediate supervisor. That individual will set the time for such a meeting after discussion with their immediate supervisor (See the Section on â€Å"Open Door Policy. †). You may discuss personal matters with the President, or any member of management, at your mutual convenience without first discussing these types of issues with your immediate supervisor.EMPLOYMENT-AT-WILL Employment is with the mutual consent of you and Martino Landscape Contractors. Consequently, Martino Landscape Contractors have the right to terminate the employment relationship at any time, with or without cause or advance notice. This employment-at-will relationship will remain in effect throughout your employment with Martino Landscape Contractors, unless it is specifically modified by an express written agreement signed by the President of Mar tino Landscape Contractors. All Field employees will have an Introductory Period of a minimum of 60 days.After the successful completion of this period, they may become considered as permanent employees. This employment-at-will relationship may not be modified by any oral or implied agreement. This Employee Handbook does not constitute an employee contract. TARDINESS AND ABSENCE You are part of a team. In most circumstances, the progress and productivity of the job depends on each of its team members acting together. Therefore, it is important that employees work their assigned schedules as consistently as possible.However, Martino Landscape Contractors understands that because of illness or emergency situations you may be unable to come to work. If you are unable to report to work for any reason, you must call in to your immediate supervisor before your scheduled time of arrival with the following information: †¢ If you will be late, you must state why and when you expect to b e in. †¢ If you will be absent, you must state why and how long you expect to be out. If your immediate supervisor has a cell phone, you must call that individual directly.It is your responsibility to keep the Company informed on a daily basis during a short-term absence. Except in the case of an emergency, employees must have their supervisor's permission to leave work before they are regularly scheduled to do so. Being late (tardy) or absent is considered â€Å"excused† only when you call promptly and the tardy or absence is for a compelling reason. The Company reserves the right, at its sole discretion, to determine what constitutes a compelling reason. A tardy or absence for a non-compelling reason, and failing to call in according to company policy, will be considered â€Å"unexcused. Furthermore, the Company recognizes that certain emergency situations would prevent you from giving advance notice. The Company will apply â€Å"the rule of reason† to all such situations Martino Landscape Contractors considers â€Å"unexcused† tardiness and absence to be a serious problem. Consequently, employees who are tardy or absent excessively or show a consistent pattern of absence, whether â€Å"excused† or â€Å"unexcused,† may be subject to disciplinary action, up to and including, possible termination.If you are late for work, or you are absent without an acceptable excuse, more than three (3) times within a year’s period (based on the date of the first occurrence), you will be subject to disciplinary action, up to and including, possible termination. If you do not call in and do not report to work for three (3) consecutive workdays, the Company will consider this to be a voluntarily resignation. WORK RULES AND PERFORMANCE STANDARDS It is not possible to provide a complete listing of every work rule or performance standard.As a result, the following are presented only as examples. You are responsible for understandin g and following these standards and work rules. Employees who do not comply may be subject to disciplinary action, up to and including, possible termination. Job Performance – employees may be disciplined, up to and including, possible termination, for poor job performance, as determined by Martino Landscape Contractors. Some examples of poor job performance are as follows: †¢ Below average or what the Company defines as acceptable level of work quality or quantity; Failure to follow safety requirements and regulations, including the utilization of required safety equipment, clothing, gear, etc. ; †¢ Failure to attain established goals; †¢ Poor attitude, including rudeness, or lack of cooperation – this includes dealings with representatives of customers, vendors, co-workers, representatives of local, State or federal governments, etc. ; †¢ Excessive absenteeism, tardiness, or abuse of meal or break time privileges; †¢ Failure to properly use a nd care for all Company owned or rented equipment and vehicles; Failure to follow instructions or Company policies and procedures; †¢ Failure to perform all job duties, tasks ands responsibilities. Misconduct – employees may also be disciplined, up to and including, possible termination, for misconduct. Some examples of misconduct are as follows: †¢ Insubordination; †¢ â€Å"Badmouthing,† the spreading of rumors, half truths, untruths, etc. of customers, co-workers, vendors, outside professionals, governmental representatives, Martino Landscape Contractors personnel, etc. ; Abuse, misuse, theft, or the unauthorized possession or removal of Company property or the personal property of others; †¢ Falsifying or making a material omission on Company records, reports, or other documents, including payroll, personnel, expense reports, and employment records; †¢ Being rude, disrespectful, using abusive and/or foul language with any client/customer â⠂¬â€œ actual or potential – vendor, co-worker, outside professionals, governmental representatives, competitor of the Company, etc. ; †¢ Divulging confidential Company information to unauthorized persons; Disorderly conduct on Company property – including fighting or attempted bodily injury, or the use of profane, abusive, or threatening language toward others, or possession of a weapon; †¢ Misconduct in company furnished motel rooms; †¢ Violation of any law adversely affecting Martino Landscape Contractors, or conviction in court of any crime which may cause the employee to be regarded as unsuitable for continued employment; †¢ Violation of Martino Landscape Contractors alcohol, drugs, and controlled substances policies; †¢ Violation of Martino Landscape Contractors harassment policies; Violation of safety rules, as may be established by Martino Landscape Contractors †¢ Continuous misuse and/or unauthorized use of any company equipment or property. Attitude – Martino Landscape Contractors strives to be a positive company and to create a positive working environment for its employees and clients. We expect that you will at all times and with all employees, customers, co-workers, vendors, representatives of governmental agencies, outside professionals, etc. only make positive remarks about Martino Landscape Contractors.If you have any complaints they should be handled discreetly with your immediate supervisor. USE of COMPANY VEHICLES, PROPERTY, EQUIPMENT, ETC. Some Martino Landscape Contractors Field personnel are assigned Company vehicles. These are intended for conducting official business ONLY. You should NEVER allow anyone other than a current Company employee, with a valid Driver’s License, to operate a Company vehicle. Also, you should not allow anyone to ride in the vehicle that is not a current Company employee. Violation of this policy may result in disciplinary action, up to and ncluding, termi nation. SECTION II: PERSONNEL STATUS EMPLOYMENT CLASSIFICATIONS Introductory Period: All personnel hired by Martino Landscape Contractors will start off in a minimum 60-day Introductory Period. While classified in this status you are not eligible for any company benefits, unless required by law. The Introductory Period is a time for the Company to get to know its employees and their capabilities. It is also a time for you to get to know the Company and your job tasks and /or duties. Throughout this period we will be evaluating each other.At any point in time during this Introductory Period, the Company or you may decide to terminate the relationship. At the end of the period, your immediate supervisor will conduct a performance evaluation interview with you and will determine your status with Martino Landscape Contractors. This period may be extended beyond the initial 60-day period discussed above. However, throughout this period you are encouraged to discuss your performance and a sk questions of your immediate supervisor regarding all tasks and duties assigned to you. Part-Time Employees:Employees scheduled to work less than 40 hours per week. If the position or job function is to be part-time, you will be notified at the time of your hiring. Seasonal Employees: Employees in non-supervisory, field positions. The length of time that any individual will be needed is dependent on the work volume and specific projects that are performed. Temporary Employees: Employees hired on a temporary basis. This may include the hiring of some individuals during the summer months. It may also include using temporary employment agencies to obtain this additional, short term, help that the Company requires.Hourly: These positions have an hourly wage rate. The individuals in these positions are paid for the actual hours they worked during the pay period. However, under federal law these individuals are paid time-and-a-half for all hours worked above 40 hours in a given pay peri od. Employment of Minors: The Company will not knowingly hire any individual who is considered to be under age for employment in any job classification as defined by State and federal laws. Generally speaking, this is 18 years of age to operate equipment and/or vehicles and 16 years of age for other positions. MEAL PERIODSAll hourly employees who work more than six (6) hours in a given workday will receive an unpaid meal period of 30 minutes. In the field, it is up to you to determine the exact time of this break. You should consider your current location and the time it would take to get to a convenient spot for taking your meal break. Consequently, there is no exact time for taking your meal break on a daily basis. 30 minutes per day will be subtracted from your time sheet. Employees who do not work more than six (6) hours in a workday may not take a meal break without the expressed approval of their immediate supervisor.You are expected to be back at work within 30 minutes after you left for the start of your meal period. Leaving early and/or returning late is considered a serious offense and will lead to disciplinary action, up to and including, possible termination. SECTION IV: COMPENSATION WAGE and SALARY REVIEWS Wage and Salary increases are based upon performance only. Your length of service with the company has nothing to do with being granted a wage or salary increase. Martino Landscape Contractors considers your pay rate, salary, and/or your total compensation package to be highly confidential information.Under no circumstances should any part of your compensation package be discussed with anyone but your immediate supervisor, the Payroll Clerk, the Office Manager, the Controller, and the President. Violation of this policy is considered to be a very serious matter and may subject you to disciplinary action, up to and including, possible termination. WAGE ASSIGNMENTS or GARNISHMENTS On occasion, employees may have Wage Assignments or Garnishments fi led against them. These are legal documents and require that Martino Landscape Contractors deduct a certain amount from your weekly paychecks.The Company will inform you regarding any such Garnishments against your wages as soon as possible after they have been received and processed in the Accounting Department. You will be provided with copies of any documentation that is given to the Company. If you disagree with the Garnishment, then it is your responsibility to handle this matter with the appropriate court and/or institution. The Company has no say whatsoever on these issues. They are strictly legal requirements with which the Company must comply by law. For each assignment or garnishment, the employee will be assessed an Administrative Fee of $3. 0 per transaction. PERFORMANCE EVALUATIONS All Field employees will receive a written performance evaluation annually, based on their anniversary dates. They may be provided more frequently. New employees will receive a written perfor mance evaluation at the conclusion of their 60-day Introductory Period. The purpose of the performance evaluation is to let you know how well you are doing. Written performance evaluations may include commendation for good work, as well as specific recommendations for improvement. You will have the opportunity to discuss your performance evaluation with your immediate supervisor.This is a good time to ask questions and to clarify important points. Performance evaluations help Martino Landscape Contractors make important decisions about job placement, training and development, and pay increases. A satisfactory performance evaluation does not guarantee a salary increase nor does it alter, modify, or amend the at-will employment relationship between you and Martino Landscape Contractors JOB DESCRIPTIONS SECTION III: GENERAL INFORMATION INJURIES/ACCIDENTS All injuries while on company time must be reported as soon as possible to your immediate supervisor.PLEASE, ensure that medical atte ntion is sought first in an emergency. Your supervisor will have a listing of emergency telephone numbers. If you witness or are present when an injury occurs, and the situation so calls, please call for help IMMEDIATELY. Your and your co-workers’ health and well-being are of prime importance. In addition, you are expected to immediately report any and all unsafe situations to your immediate supervisor. SEXUAL HARASSMENT Martino Landscape Contractors are committed to providing a work environment that is free of discrimination and harassment.In keeping with this commitment, Martino Landscape Contractors maintains a strict policy prohibiting harassment, including sexual harassment. Sexual harassment of employees by supervisors, co-workers, customers, representatives of governmental agencies, outside professionals, vendors, etc. is prohibited. Individuals who have been determined to have violated this policy will be disciplined, up to and including, possible termination. Martino Landscape Contractors makes the following commitments to all employees: Examples of sexual harassment include, but are not limited to, the following: Un-welcome sexual flirtations, advances, or propositions; †¢Verbal abuse of a sexual nature; †¢Using explicit or derogatory sexual terms in reference to any employee; †¢Subtle pressure or requests for sexual activities; †¢Unnecessary touching of an individual; †¢Graphic comments about an individual's body; †¢A display in the workplace of sexually suggestive objects or pictures, including, but not limited to, magazines, posters, calendars, photographs, and drawings; †¢Sexually explicit or offensive jokes; †¢Physical assault; Retaliating in ANY way against an employee who has complained of, or reported, sexual harassment or who has participated in the investigation of such conduct. If you believe that you are being, or have been, harassed in any way, you MUST report the facts of the incident or in cidents to your supervisor immediately, without fear of reprisal. If for ANY reason you are uncomfortable talking with this person, or this person is the one whom you believe is guilty of sexual harassment, you should immediately talk with the President. Do not wait to see if the behavior stops.To properly protect all of our employees, customers, vendors, business associates, Martino Landscape Contractors must be notified at the first opportunity. Any accusation brought to the attention of supervision and/or management MUST be brought up the chain of command of the organization or directly to President for investigation. It is a condition of employment at Martino Landscape Contractors that if it is deemed necessary to use an outside arbitrator to resolve any sexual harassment disputes, you hereby accept this condition and agree to abide by the judgment and determinations of this arbitrator.ALCOHOL, DRUGS, AND CONTROLLED SUBSTANCES Martino Landscape Contractors has adopted a policy o n drugs, alcohol, and other prohibited items in order to help insure a safe, healthy, and productive drug-free environment for our employees and others on Company property, to protect Company property and assets, to maintain a favorable public image, and to assure efficient operations.It is the policy of Martino Landscape Contractors to maintain its property and to provide a drug-free working environment that is both safe for our employees, including others having business with the Company, or on Company property, or at work sites where Martino Landscape Contractors is performing work, and conducive to efficient and productive work standards.This policy restricts certain items and substances from being brought to work, being used while working or being present on Company property and/or Company work sites, and prohibits Company employees and all others from, reporting to work, working or being present on Company property and/or Company job sites, whether or not on duty, from having detectable levels or identifiable trace quantities of certain drugs and other substances, and prohibits the unauthorized possession, by employees or others, of property, equipment, materials, supplies, or proprietary information belonging to Martino Landscape Contractors or others. OUTSIDE ACTIVITIES) or CONFLICT of INTEREST Because of the possibility of a conflict of interest, employees are prohibited from holding a position with any competitor, governmental agency, and customer, outside professional entity, or vendor or any business entity working with Martino Landscape Contractors. Therefore, you are required to inform your immediate supervisor if you have any outside employment – with any company or any self-employment venture.Martino Landscape Contractors will be the sole judge as to whether that company or business venture falls into any of these categories. While you are free to have outside employment (a second job), it must not interfere with your ability to perform your duties and responsibilities for Martino Landscape Contractors. in a productive and safe manner. In addition, it must not limit your ability – on a regular basis – to be available for required overtime and/or weekendIn addition, all employees are prohibited from engaging in outside employment, private business, or other activity, which might have an adverse effect on, or create a conflict of interest with, Martino Landscape Contractors and the type of work that the Company performs. DRIVING RECORDS Employees, whose job/position requires the ability to operate a motor vehicle, must present and maintain a valid driver's license and a driving record acceptable to our insurer. You will be asked to submit a copy of your driving record to Martino Landscape Contractors from time to time.Any changes in your driving record must be reported immediately. Failure to do so may result in disciplinary action, up to and including, possible termination. If you are authorized to ope rate a Company vehicle in the course of your assigned work, or if you operate your own vehicle in performing your job, you will be considered completely responsible for any accidents, fines, or traffic violations incurred – other than those imposed on a Company vehicle for being overweight, unsafe, etc.Your immediate supervisor will advise you on what to say and do (and what not to say and do) in the event of a vehicular accident All drivers will be subject to investigation annually by the insurance carrier to verify the status of their driving record and to determine their insurability. Martino Landscape Contractors is not liable for any employee that is turned down for coverage. However, if our insurance carrier will not insure you, then you cannot hold a position that has a requirement for driving a vehicle.ONLY Martino Landscape Contractors employees may operate any vehicle or piece of equipment owned or rented by the Company. PERSONAL LOANS and PAY ADVANCES It is the pol icy of Martino Landscape Contractors, Inc. NOT to enter into any type of loans for any employee. Generally, it is the policy of Martino Landscape Contractors, Inc. NOT to provide a pay advance to any employee. However, under emergency conditions, an exception can be made to this policy. If such an exception is granted, the following conditions apply: 1.For salaried personnel, no pay advance can be made for a sum greater than 50% of salaried employee’s regular or base weekly salary. 2. For hourly employees, no advance can be made for sum greater than 20 hours pay (20 hours times the employee’s hourly wage rate. ). 3. There is a $3. 00 processing fee, per transaction, per week to cover the administrative time and effort involved in this process. 4. All advances granted must be paid back to the Company by the end of the last business paycheck of the year. 5. Employees are eligible for a pay advance only once within each calendar ear. 6. ONLY the Vice President, the Contro ller, or the President may grant exceptions. EMPLOYEE STATEMENT OF ACKNOWLEDGEMENT This is to acknowledge that I have been given information on accessing the website to read and review the Dixie Lawn Service, Inc. â€Å"Employee Handbook† and the â€Å"Safety Manual†. It is the employee's responsibility to read and be aware of Dixie Lawn Service, Inc. policy and procedures that are kept up to date on this website. Printed copies may be available upon request. Employee Signature Date