DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C r
TRANSPORTATION CONCEPTS
Proposal to the City ofRedondo Beach ' SVA
Vehicle and Driver Appearance
The cleanliness of the vehicles that are used for the provision of transit service is an important indicator to the passengers of the quality of the service. Vehicle cleanliness will be monitored daily via rollout inspection. On a daily basis, all vehicles utilized in revenue service will be swept and wiped down by our utility worker. Relative to exterior cleaning, although the current contractual standard is to wash the exterior a minimum of once weekly, based upon the operating environment we have found the need to wash the vehicles a minimum of twice weekly. During those times, our cleaning vendor will perform washing and scrubbing of the full exterior, wheels, area, inside of all windows, scrubbing of oil or other excessive residue off the rear end; dusting or vacuuming of all seats, dashboard, stanchions and exposed surfaces; and sweeping or vacuuming of all floor areas, including the removal of gum, grease, oil, etc. All graffiti, interior and exterior, that is cleanable will be removed as soon as practicable. An extensive vehicle detail of the exterior and interior of the vehicle will be done every 6 months days. A roll out inspection is conducted monthly by the Project Manager to evaluate cleanliness of buses and attire of drivers and dispatchers.
Bus stop observation includes ongoing monitoring to insure that the image of the service is professionally represented by the cleanliness of each bus stop. On an ongoing basis the Supervisor and/or Project Manager will monitor the condition of all bus stops. In addition, Drivers are instructed to notify dispatch if any vandalism, graffiti, or just a need to be cleaned is in order. In turn, TC staff will notify the City of any bus stop that is need of some TLC.
Transportation Concepts employee uniforms consist of navy blue slacks or shorts in summer, light blue uniform shirts with BCT embroidered logos, dark blue jacket, black shoes and an employee identification tag, worn at all times on the front pocket area of the uniform shirt of jacket Each employee will be required to be in full uniform at all times while in performance of their duties. Uniforms will always be clean, free of spots, and pressed, and consistent with BCT requirements.
Utilization of Surveys
Passengers
Since TC began contract services we have coordinated simple passenger surveys on selected trips during specific periods throughout the year. The information received from these surveys can help to measure the riders level of satisfaction.
Operation and Maintenance ofBeach Cities Transit
DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C r
TRANSPORTATION CONCEPTS
Proposal to the City ofRedondo Beach ' AWA
Employees
Effective proactive relationships with employees are necessary to establish a mutual level of confidence and respect Interpersonal communication that is open and honest is a necessary ingredient in order to form a trusting relationship. We have found that making our employees feel valued through the active participation of an employee survey is a strong motivator, which can help to heighten performance levels. We conduct employee surveys annually at this location.
City ofRedondo Transit Manager
Receiving clear and honest feedback from our clients provides m
our organization with an additional tool to ensure we are on mmqredondo track towards our goal of 100% satisfaction. Mr. Rich Rogers,
B E A C M
our Chief Operating Officer, conducts the survey on an on-going basis. The survey is designed to provide feedback in both a quantitative and qualitative manner. Results of this survey will be shared with the Project Manager and local staff.
Any area not exceeding expectations is collectively discussed with a follow up action plan designed to bring about any needed improvements.
Operation and Maintenance ofBeach Cities Transit
DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C r
TRANSPORTATION CONCEPTS
Proposal to the City ofRedondo Beach AWv
J Organization of the BCT Operation
As mentioned in Section B, our staffing plan has been developed over the last several years in response to continually striving to exceed our clients expectations. Over just the last 5 years the BCT service has experienced several technology enhancements, and we have been partners in working with the City of Redondo Beach to achieve success in the implementation of continual enhancements. As we look ahead over the next 5 years, we know more that additional technology refinements will occur, as well as other enhancements, such as the transit center and the planning integration of a Zero Emission Bus fleet As the contractor we must have a strong and experienced team in place to insure that we have the ability to continue achieving success.
TC - Beach Cities Transit Organizational Chart
vCities Transit
Operation and Maintenance ofBeach Cities Transit
DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C rc
TRANSPORTATION CONCEPTS
Proposal to the City ofRedondo Beach
BCT Position Classification Breakdown
Position Number of of
Employees Dedicated
Time
Drivers 26 IT /1 100%
PT
Project Manager I IT 100%
Operations 3 IFT 100%
Supervisor
Dispatcher 2 IFT/ 2 PT 100%
Administrative I IT 100%
Assistant
Safety / Training I IT 100%
Manager
Maintenance I PT 50%
Manager
Maintenance I FT 100%
Supervisor
Mechanics — A Level 3 FI' 100%
Utility Porker IIT 100%
Total Staff U5 VTE
hxclus1Ve of I)rivers
Operation and Maintenance ofBeach Cities Transit
DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C rc
TRANSPORTATION CONCEPTS
Proposal to the City ofRedondo Beach rig,
Description..
Title Primary Responsibilities
Primary liaison to the City of Redondo Beach
Project Manager 0
Provides tactical and strategic planning for daily BCT services.
Overall responsibility for the BCT services, including safety, system performance, quality, adherence to all governmental regulations, and compliance with the Contractual / TC — established standards and procedures.
Ensures system is properly staffed given requirements and goals.
Monitors service performance against set goals/ targets.
Reviews daily, weekly, monthly reports
Ensures that the services are provided in a safe, reliable and timely Dispatcher manner.
Ensures that all customer service issues are responded to, resolved and reported in a timely manner.
Submits formal operational reports at specified intervals.
Takes system reservations
Completes all customer service tasks related to telephone requests for information
Provides excellent customer service
Oversees safety and training for all staff, including Operators and Operations Supervisor Dispatchers; ensures that refresher training and additional course work are provided as required. Administers safety program.
Assists in conducting Behind the Wheel and Classroom training.
Provides daily road supervision of drivers
Carries out Safety Plan for BCT operation
Trainer Assists in the recruitment and hiring of vehicle operators Provides Classroom and coordinates all behind the wheel trainer Investigates accidents, incidents and near misses and retrains as needed Conducts monthly safety meetings
Collectively with Project Manager conducts facility safety audits and OSHA compliance audits
Follow appropriate maintenance intervals for preventive maintenance Maintenance Manager program
0 Perform and track all vehicle maintenance activity and repair Maintenance Comply with all CHP regulations; prepare shop; prepare vehicle records Supervisor 0
Administer warranty program
Provide support to mechanics by assisting in diagnosis and insure safety is always followed
Effectively manage and track inventory
Perform thorough Preventative Maintenance Inspections
Mechanics Repair defects noted on DVIR
Troubleshoot and Diagnosis technical issues
Respond to road calls
Provides interior bus cleaning activities for the BCT service Utility Worker Ensures all necessary supplies are purchased and kept on hand Maintains Daily Cleaning Schedules for buses
Coordinate with Drivers and Staff.
Safely transport passengers throughout the service area.
Driver Provide excellent customer service
Operation and Maintenance ofBeach Cities Transit
DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C r
TRANSPORTATION CONCEPTS
Proposal to the City ofRedondo Beach AAA
K Wages and Benefits
Obviously TC intends to continue employment with all of our existing employees and is in compliance with California Labor Code 1070- 1074. As mentioned in Section H — Supplemental Information, we made a business decision to significantly increase our starting driver wage scale this past year from $ 14. 00 to $ 17. 00 per hour to continue to attract and retain the best vehicle operators possible.
Over the course of this last 5 year contract term we have also increased our staffing levels by close to 50 percent as well. We have provided our support staff with marginal increases however we have not adjusted those staff wages proportionate to the rate increases we have provided our drivers this past year. Our commitment to our staff is to make adjustments with the start of a new contract term effective July 1, 2020.
The following is a breakdown of the expected wage rates for the BCT drivers and our proposed wage increases for the support staff beginning July 1st, 2020. We want to insure we have the ability to retain our workforce, or hire additional employees as needed, and not addressing needed staff wage increases will only result in an extremely difficult situation in the future with staff retention as well as the ability to hire additional staff in accordance with any turnover or growth in the system.
Administrative Current
Assistant Rate Year 1 Year 2 Year 3
Startin Rate $ 19. 00 $ 21. 00 $ 21. 60 $ 22. 20
AveraMage $ 19. 00 I : G III $ 21. 60 $
Maintenance CLU - rent
Su ervisor Rate Year ll Year 2 Year 3
SW- dn Rate $ 26. 00 $ 28. 00 $ 28. 60 $ 29. 2' 0
II : II I
Operation and Maintenance ofBeach Cities Transit
Current
Driver Rate Year 1 Year 2 Year 3
Starting Rate 17.00 17.60 1 18.20 18.80
kWafflAvera„.
Includes OT
Current
Dispatcher Rate Year 1 Year 2 Year 3
Skrfigg Rate 17. 00 19.00 19.60 20.20
Wage*
Includes OT
OperationsC urent
Survisor Rate Year 1 Year 2 Year 3
S Rate 17. 50 22.00 22. 00 22.00
Average Wage: G 22. 00 22. 60I
Administrative Current
Assistant Rate Year 1 Year 2 Year 3
Startin Rate $ 19. 00 $ 21. 00 $ 21. 60 $ 22. 20
AveraMage $ 19. 00I : G III $ 21. 60 $
Maintenance CLU - rent
Su ervisor Rate Year ll Year 2 Year 3
SW- dn Rate $ 26. 00 $ 28. 00 $ 28. 60 $ 29. 2' 0
II : II I
Operation and Maintenance ofBeach Cities Transit
DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C r
TRANSPORTATION CONCEPTS
Proposal to the City ofRedondo Beach Grp*"" o
Current
Mechanic Rate Year I Year 2 Year 3
ftrdng Rate $ 26. 00 $ 27. 00 1 $ 28.00 $ 29.00
Utilityservice Current
Worker Rate Year t Year 2 Year 3
Sk1± j11g Rate $ 15.00 $ 10.00 $ 17. 00 1 $ 18.00
Average Wage II 79%"W' T17. 00
Employee Benefits
TC will continue to provide health care under either the company Blue MSER PERMANFNTE she Shield plan or the Union Kaiser plan. The premium will be shared between TC and the employee based upon the Collective Bargaining Agreement for Drivers and Maintenance Staff or the Company Plan for all other positions. Vacation and other paid time off are also included. New employees will be eligible for benefits after sig months of employment
Medical, Dental and Vision Care Plans — Coverage is available to all fulltime eligible employees ( working 30 hours or more) and their dependents through either Blue Shield or Kaiser Permanente for medical, and Humana Blucsihield for Vision and Dental. Dependent coverage is also available. This particular plan generally covers 100% of the cost of most covered medical care, provided the care is received from in network providers ( with minimal co -payment). Employees would choose a primary care physician who will facilitate care and recommend the employee to specialists if necessary.
4018 Plan — We recently worked with Teamsters to open up their 401k plan to all of the BCT employees. Although the company currently does not provide a contribution percentage, we are anxious for our employees to take advantage of this savings plan.
Voluntary Employee Benefits Offered:
Group Accident Insurance — Helps offset unexpected medical expenses, such as emergency room fees, deductibles and co -payments.
Group Critical Illness Insurance - Supplements major medical coverage by providing a lump sum benefit that the employee can use to help for the direct and indirect costs related to critical care.
Group Disability Insurance — Replaces a portion of income to help employee make ends meet if they become disabled from a covered accident or sickness.
Group Hospital Confinement Indemnity Insurance - Provides a lump -sum benefit for a covered hospital confinement or a covered outpatient surgery. Designed to help cover copayments and deductibles that are not covered by most major medical plans.
Operation and Maintenance ofBeach Cities Transit
DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C r
TRANSPORTATION CONCEPTS
Proposal to the City ofRedondo Beach ' AWA
Group Term Life Insurance — Offers a predictable way to provide more coverage at affordable prices during high -need years.
Employee Incentive Programs
Transportation Concepts is committed to improving and maintaining the success of all employees. We are committed to provide employees many different programs that encourage and reward those who are safe in their work and take an interest in improving their career.
Safety Meetings are held monthly and are a time where all employees can get together and share their experiences to help one another with similar issues faced day to day. Meetings include networking with other transit employees, resourceful presentations, community speakers and wellness improvement information.
During the meetings a selection of food is prepared from suggestions by the employees.
Employee of the Month is a program that highlights a very outgoing and committed employee who embodies the goals of safety
and service to the community. This employee is selected by management with the input from performance
evaluations, employee survey and customer feedback.
This employee is given a small gift and is recognized
publically for their achievement
Employee Appreciation Day is held twice a year by TC to reward and acknowledge all of our employees. During appreciation day, management provides a special lunch to all employees, their families and friends as well as riders and transit stakeholders. This event allows employees to show off their other life passions such as cooking, music, and art that can be shared with everyone who attends.
The employee incentive program for the BCT operation will continue to be customized and aligned with contract goals and objectives as outlined throughout the contract term.
We believe in providing the employees input as to the specific program to be put in place.
This gives each employee a sense of ownership, pride, accountability and increased motivation to perform.
Additionally, all employees also participate in our safety incentive program described in the safety program Section P of this proposal
Operation and Maintenance ofBeach Cities Transit
DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C r
TRANSPORTATION CONCEPTS
Proposal to the City ofRedondo Beach ' SWR
L. HiringiScreening Procedures
Airing the Right Person
One of the significant keys to success for any organization is to find the right person who can embody all of the key characteristics necessary and sought by a customer service driven organization, Transportation Concepts utilizes a thorough, seven -step selection process in order to identify the right candidate to hire and train as a member of our team.
The seven steps include:
Job Description Application review. Motor Vehicle Record Check After filling out an application. an applicant This process includes statements by the Applicants are required to submit a is given a job description that describes in applicant regarding their previous current H- 6 printout from the Department detail all ofthe aspects ofthejob. employment history, previous driving record of Motor Vehicles, which details the employees must pass a
history, any history of vehicle accidents, and applicants' driving record forthe past ten This lets the applicant know up front the any history ofworkplace injuries. years. requirements ofthe job and makes a
complete a criminal drug screen prior to being
statement very early on to the applicant This bring up potential' red-flags' that may Any applicant who is unable to produce about the importance of safety in the exist in an applicant' s background as far as the original H- 6 document is not given
operation. safety is concerned. further consideration for employment.
Interview Reference Checks. Criminal Background Physical and Drug Test.
Check.
All ofthe supervisors who are 3 most recent employers must All Transportation Concepts responsible for interviewing are be indicated on the All applicants who employees must pass a trained in specific questions to ask application. are required to physical examination and a that, among other things, will identify complete a criminal drug screen prior to being an individual' s safety awareness. They must sign an background check. accepted as an employee. authorization form, which
The purpose ofthe interview is to gives permission to their This check, The company' s physical add clarification and further detail to former employer to comment conducted by the examination meets the the information contained on the upon their performance as an company in Department of Transportation application forth. employee. conjunction with requirements and results in a InfoLink, will identify DOT medical card.
Individuals who are able to follow Any warning signs regarding any criminal
directions and maintained the safe working practices of convictions that the The company' s drug screening satisfactory relationships with their the applicant will raise serious applicant may have program is conducted by US
former supervisors and coworkers, questions as to their suitability incurred.
Heafthworks and meets all
have been found to be strong as a Transportation Concepts Federal Transit Administration candidates to become safe employee. guidelines.
employees.
Recruitment
We have a solid recruiting plan in place at BCT operation that involves utilizing external hiring companies to assist in recruitment; as well as getting out into the community to seek those that reside locally. This past year, like every other transit operator in Los Angeles County, we experienced some significant challenges in retaining newly hired employees. As mentioned earlier, we made a business decision to increase the Driver wages $ 3.00 per hour, resulting in a twenty percent ( 20%) increase to our starting rate.
This served to not only retain our existing drivers, but it had an positive impact on a number of past employees, who had previously left for other better paying transit operator jobs, return to be rehired by W.
Ongoing recruitment includes advertisement on our website and in the local media as well as going through local employment centers and utilizing an agreement with a local recruitment company.
Employee Selection
Success in any service driven industry starts with hiring the right people.
Concepts has developed a comprehensive and thorough approach to the selection program for our potential team members.
Operation and Maintenance ofBeach Cities Transit
Transportation
screening and
DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C r
TRANSPORTATION CONCEPTS
Proposal to the City ofRedondo Beach ' AWA
Job Description
When an applicant applies with Transportation Concepts they fill out an application online for employment, they are given a job description that describes in detail all of the aspects of the job that the applicant will be expected to perform ifthey are selected for the position.
Application review
The review of the application includes statements by the applicant regarding their previous employment history, their previous driving record history, any history of vehicle accidents, and any history of workplace injuries.
Motor Vehicle Record Check
Each applicant is required to submit a current driver record history printout from the Department of Motor Vehicles, which details the applicants" driving record for the past five years. Only original, current driver record history reports are accepted. Any applicant who is unable to provide this is not given further consideration.
Interview
All of the staff responsible for interviews have been trained in specific questions to ask that among other things will identify an individual' s initial skills and more importantly their attitude towards passengers, peers and the service they were provide.
Reference Checks
The applicants must identify on the application form their three most recent employers.
In addition, they must sign an authorization form, which gives permission to their former employer to comment upon their performance as an employee. Additionally, pursuant to 49 CFR Part 40 Drug and Alcohol Testing, the applicant must sign a " Release of Information form». The employment references and release of information form that each applicant has identified are contacted and questioned about the work performance and prior D&A history of the applicant. All of the responses gained through these references are documented in order to provide organization and structure to the process.
Criminal Background Check
Each current Transportation Concepts Operator providing service for Beach Cities Transit has successfully passed both a company background check as well as an e -verify clearance before hiring. These qualifications must also be maintained throughout employment.
Must have five years of driving experience.
May have one break or interruption in holding a valid license of no more than 90 days during the five- year period immediately preceding the submittal of an employment application. The break or interruption cannot be the result of a state having suspended or revoked the license and the candidate must still be able to demonstrate that they have a minimum of five years driving experience.
No felony convictions.
No more than two at -fault or preventable accidents in the last three years.
No more than two convictions of moving violations in the last three years.
When combined, no more than two incidents ( preventable accidents or moving violations) during the last three years.
Operation and Maintenance ofBeach Cities Transit
DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C r
TRANSPORTATION CONCEPTS
Proposal to the City ofRedondo Beach
No record of DUI or DWI within the past 15 years.
Not subject to outstanding warrants for arrest
Physical and Drag Screening
All Transportation Concepts employees must pass a DOT physical examination and a drug screen prior to being accepted as an employee.
The company s physical examination and drug screening program meets the Department of Transportation ( DOT) requirements. The company s local DOT certified facility is Concentra Medical Group who conducts the medical screening and issues a DOT medical certificate. The company s drug screening program is conducted locally by Concentra which meets all Federal Transit Administration guidelines.
Final Selection Criteria
Once the employee completes the seven steps, the following criteria will be reviewed again and must be met before employment is offered:
Five years minimum driving experience, including a minimum three year U.S. residence.
Minimum 21 years of age.
Possession of all required licenses, including a Commercial Driver' s License Class B drivers license.
Have the ability to obtain the special permits and endorsements.
Proven ability in the area of customer service.
Be able to speak, write and understand English and possess the capability to perform simple mathematic functions.
Provide proof of U.S. citizenship or legal alien status, must have lived in the United States for three years.
No negative feedback on ex -employment references.
Demonstrate compassion and sensitivity for customer service and passenger assistance.
In addition, if it is discovered through a Motor Vehicle Record Check that an existing employee has an infraction and has not notified us it could lead to termination. If the employee has notified us, the infraction could result in re-training or termination depending on the contract and the infraction.
Operation and Maintenance ofBeach Cities Transit
DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C r
TRANSPORTATION CONCEPTS
Proposal to the City ofRedondo Beach
M Personnel Handbook and D&A Testing Practices
Employee Handbook
Our Employee Handbook is vital, as it sets the tone for the company' s expectations of its employees. The Handbook
incorporates our philosophy for excellence and ensures that all employees understand that our success is a result of their efforts.
Our Employee Handbook has recently gone through a revision to stay current with both state and federal laws, and is included at the end of this section.
Drag and Alcohol Screening
EMPLOYEE HANDBOOK
IL
Jre
TRANSPORTATION CONCEPTS
Transportation Concepts is committed to providing consistently safe and dependable transportation service to the passengers of the transit systems that it operates. In compliance with these goals, and with the Federal Transit Administration' s requirements, the company has adopted a Drug -Free Workplace Policy.
The Screening Guarantee:
To ensure that employees are not impaired in their ability to perform their assigned duties in a safe, productive and healthy manner.
To create a workplace environment free from the adverse effects of drug and alcohol use and misuse.
To prohibit the unlawful manufacture, distribution, dispensing, possession or use of controlled substances
To encourage employees to seek professional assistance anytime personal problems, including alcohol or drug dependency, adversely affect their ability to perform assigned duties.
Transportation Concepts' Drug and Alcohol screening policy applies to all safety -sensitive and non -safety -sensitive Transportation Concepts employees, paid part-time employees and contractors when they are on TC property or performing any transit related business for W.
All safety -sensitive and non -safety -sensitive employees shall be subject to the following testing:
Pre -Employment
4- Random
Post -Accident
Return to Duty (after Leave exceeding 30 days)
Operation and Maintenance ofBeach Cities Transit
DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 730DBE4B909C PARKING CONCEPTS INC.
Te
IIU 1014012F_11119311 10161211 s]
EMPLOYEE
HANDBOOK
Parking Concepts, Inc. Employee Handbook
Rev. 12/ 19)
DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C PARKING CONCEPTS INC.
Dear New Employee:
Welcome to Parking Concepts, Inc. We are pleased to have you join us in our commitment to provide the highest level of quality parking, valet and transportation services to each of our customers.
Our ability to achieve this commitment is dependent upon your excellent job performance. As an employee of Parking Concepts, Inc., the quality of your performance plays a key role in determining your future and the future prospects of our Company. We are in the business of providing service and our continued success depends upon how we measure up to our customers' expectations. As a front line service provider, our customers' first impression of you has much to do with their view of our Company.
We encourage input from our employees. If you feel there is a better, more efficient way to do things, we want to know about it and welcome your suggestions.
Each of the officers of Parking Concepts has at some point in their career performed the same duties you will be performing. Therefore, we are sensitive to the problems you may encounter in the day- to- day operation and will always be ready to assist you.
Again, we welcome you to Parking Concepts, Inc. and we are happy to have you as a member of our team.
Very truly yours,
Gill Barnett
President
Parking Concepts, Inc.
Parking Concepts, Inc. Employee Handbook
Rev. 12/ 19)
DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C Table of Contents
Section 1 - INTRODUCTION................................................................................. 1
1. 1 Company Overview.......................................................................................................... 2
1. 2 President Gill Barnett Overview.................................................................................... 2
1. 3 PCI Mission Statement....................................................................................................... 3
1. 4 Purpose of the Handbook................................................................................................ 4
1. 5 Collective Bargaining Agreements................................................................................. 4
1. 6 Local Wage Ordinances.................................................................................................. 4 Section 2 - GENERAL EMPLOYMENT POLICIES .................................................... 6
2. 1 Employment Applications................................................................................................. 7
2. 2 Employment Reference Checks....................................................................................... 7
2. 3 Collection and Use of Personal Information................................................................. 7
2. 4 Immigration Law Compliance.......................................................................................... 8
2. 5 Employment At Will.......................................................................................................... 8
2. 6 Equal Employment Opportunity...................................................................................... 8
2. 7 Harassment Prevention Policy......................................................................................... 9
2. 8 Internal Complaint Process.............................................................................................. 1 1
2. 9 Transfers and Career Advancement............................................................................. 12
2. 10 Employee Relations........................................................................................................ 12
2. 11 Open Door Policy........................................................................................................... 12
2. 12 Personnel Records........................................................................................................... 13
2. 13 Payroll Records............................................................................................................... 14
2. 14 Suggestion Program....................................................................................................... 14
2. 15 Arbitration........................................................................................................................ 15 Section 3 - WORK CLASSIFICATIONS AND COMPENSATION ............................. 16
3. 1 Employment Categories................................................................................................... 17
3. 2 Introductory Period........................................................................................................... 18
3. 3 Rest Periods........................................................................................................................ 18
3. 4 Meal Periods...................................................................................................................... 19
3. 5 Recovery Periods............................................................................................................... 20
3. 6 Lactation Breaks................................................................................................................ 21
3. 7 Work Schedules................................................................................................................. 22
3. 8 Pay Periods and Pay Days............................................................................................. 22
3. 9 Time- KeepingSystem....................................................................................................... 22
3. 10 Overtime........................................................................................................................... 23
3. 11 Exempt Employees.......................................................................................................... 24
3. 12 Direct Deposit.................................................................................................................. 25
3. 13 Pay Advances.................................................................................................................. 25
3. 14 Administrative Pay Corrections.................................................................................... 25
3. 15 Personnel Data Changes............................................................................................... 26
3. 16 Payroll Deductions.......................................................................................................... 26
3. 17 Garnishment of Wages................................................................................................. 26
3. 18 Tips and Taxes................................................................................................................ 27
3. 19 Reimbursement of Expenses and Mileage................................................................ 27 Section4 - BENEFITS............................................................................................ 28
4. 1 Overview of Employee Benefits..................................................................................... 29
4. 2 Vacation.............................................................................................................................. 29
4. 3 Holidays.............................................................................................................................. 30
4. 4 Paid Sick Leave................................................................................................................. 30
4. 5 Medical Insurance Coverage.......................................................................................... 31 Parking Concepts, Inc. Employee Handbook
Rev. 12/ 19)
DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 730DBE4B909C
4. 6 Workers' Compensation Insurance................................................................................. 32
4. 7 Literacy Assistance............................................................................................................ 32 Section 5 - CIVIC RESPONSIBILITY....................................................................... 33
5. 1 Jury Duty............................................................................................................................. 34
5. 2 Witness Duty...................................................................................................................... 34
5. 3 Voting.................................................................................................................................. 34
5. 4 Election Officers................................................................................................................. 35
5. 5 Time off for Volunteer Service....................................................................................... 35
5. 6 Time Off for Civil Air Patrol Service............................................................................. 35 Section 6 - LEAVES OF ABSENCE........................................................................ 36
6. 1 Bereavement Leave.......................................................................................................... 37
6. 2 Pregnancy Disability Leave............................................................................................. 37
6. 3 Family and Medical Leave / California Family Rights Act ...................................... 38
6.4 Discretionary Personal Leave.......................................................................................... 41
6.5 Alcohol and Drug Rehabilitation Leave........................................................................ 42
6.6 Job -Related Illness or Injury............................................................................................ 42
6. 7 Leave for Victims of Felony Crimes............................................................................... 43
6. 8 Leave and/ or Reasonable Accommodation for
Victims of Domestic Violence, Sexual Assault and Stalking ...................................... 43
6. 9 Family School Partnership Leave ......................
6. 10 School Suspension Leave ..................................
6. 11 Military Service Leave ......................................
6. 12 Military Spouse Leave ......................................
6. 13 Bone Marrow Donation Leave .........................
6. 14 Organ Donation Leave .....................................
Section 7 - HEALTH AND SAFETY....,
7. 1 Safety ..................................................
7. 2 Work Environment ............................
7.3 Safety Rules .......................................
7. 4 Lockers ............................................... 44 44
44 46
47 47
48 49
49 49
50 7.5 Security Inspections........................................................................................................... 50
7. 6 Workers' Compensation................................................................................................... 50
7. 7 Drug and Alcohol Use....................................................................................................... 51
7.8 Workplace Violence Prevention..................................................................................... 53
7. 9 Emergency Closings........................................................................................................... 53
7. 10 Transportation Concepts Workplace Safety............................................................ 54 Section 8 - WORKPLACE CONDUCT.................................................................... 57
8. 1 PCI Standards of Integrity and Personal Conduct ...................................................... 58
8. 2 Attendance and Punctuality............................................................................................. 58
8. 3 Business Ethics..................................................................................................................... 59
8. 4 Conflict of Interest............................................................................................................. 59
8. 5 Outside Employment......................................................................................................... 60
8. 6 Confidential Information/ Non- Disclosure..................................................................... 61
8. 7 Personal Relationships in the Workplace.................................................................... 62
8. 8 Customer Service............................................................................................................... 62
8. 9 No Solicitation during Work Time or in Work Areas ................................................. 63
8. 10 Bulletin Boards................................................................................................................. 63
8. 11 Use of Company Telephones and Mail...................................................................... 63
8. 12 Cell Phones and PDA Usage; Driver Safety.............................................................. 64
8. 13 Cell Phone, PDA and PTT Usage by Bus and Shuttle Drivers ................................ 64 Parking Concepts, Inc. Employee Handbook
Rev. 12/ 19)
iii
DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C
8. 14 Personal Belongings...................................................................................................... 65
8. 15 Use of PCI Tools and Equipment................................................................................. 65
8. 16 Personal Appearance and Grooming........................................................................ 65
8. 17 Uniform Policy.................................................................................................................. 66
8. 18 Driver' s License/ PCI and Personal Vehicles............................................................... 67
8. 19 Driver' s License/ Bus and Shuttle Drivers................................................................... 67
8. 20 Pull Notice Program....................................................................................................... 67
8. 21 Smoking Policy................................................................................................................. 68
8. 22 Visitors............................................................................................................................... 68
8. 23 Computer, Voicemail and Email Usage...................................................................... 68
8. 24 Internet Usage................................................................................................................. 70
8. 25 Use of Social Media....................................................................................................... 72
8. 26 Medial Contacts.............................................................................................................. 74
8. 27 Workplace Conduct....................................................................................................... 74
8. 28 Cash Shortages and Overages................................................................................... 76 Section 9 — END OF EMPLOYMENT...................................................................... 78
9. 1 Employment Termination.................................................................................................. 79
9. 2 Involuntary Termination and Progressive Discipline ................................................... 79
9. 3 Voluntary Termination...................................................................................................... 79
9.4 Return of Company Property.......................................................................................... 79
9. 5 Employment References................................................................................................... 80
EMPLOYEE ACKNOWLEDGMENT
AND AT -WILL EMPLOYMENT AGREEMENT..................................................................... 81 MUTUAL AGREEMENT TO ARBITRATE CLAIMS............................................................. 83 Parking Concepts, Inc. Employee Handbook
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INTRODUCTION
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1. 1 Company Overview
Gill Barnett founded Parking Concepts, Inc. (" PCI") in 1974 with a focus on California parking needs. For more than four decades, PCI has set a standard for excellence in the parking industry. From the beginning, we focused on what is the most important consideration in the parking and transportation business — service.
Our team of seasoned professionals possesses unequalled local experience, knows the market inside and out, and enjoys a proven track record.
Today, PCI leases, manages or operates nearly 200 facilities ranging from 200 to 25, 000 spaces.
These include commercial facilities, office buildings, shopping centers, hotels and restaurants, hospitals and medical buildings, recreational facilities and airports. Additionally, we provide shuttle and transportation services for various city and county agencies, along with private entities, through our Transportation Concepts division.
The PCI management team is involved in all aspects of every parking facility and transportation service operation we oversee. Each team member is motivated to achieve exceptional results. We are extremely proud of our reputation for providing the highest level of service in a professional and cost efficient manner.
In addition to our Company- owned Los Angeles and Orange County headquarters facilities, we also maintain regional offices in Glendale, Ontario, Santa Ana, San Francisco, and Dallas, Texas. We are committed to being the best and most highly respected provider of parking and transportation services in California and wherever we do business.
1. 2 President Gill Barnett Overview
In 1957, while studying business and engineering at EI Camino College, Gill began his parking management career at Los Angeles International Airport as part of the management team that inaugurated LAX' s new central terminal complex.
In 1968, working in concert with Marsh McMurray, Gill launched a parking division for a major publicly held corporation. Within six years, Gill and Marsh were instrumental in the development of 240 parking facilities, spanning twelve states.
In 1974 Gill and Marsh, tired of constant air travel and being away from their families, left and founded PCI. Their goal was simple: To establish a successful local parking management firm based on stateof- the- art technology and energetic management. The focus: customer satisfaction. Their goal was achieved early and PCI has gone on to be highly respected for its quality customer service and major innovations in the parking industry. Today, Gill continues to utilize his hands- on style of management as he did in 1974.
This tradition has continued to grow by means of excellence in senior management and staff that support the " get -it -done, do -it -now" approach to facility management.
In 1982, PCI formed its Transportation Concepts division after it was awarded the shuttle bus contract at the Ontario International Airport. Through its Transportation Concepts division, PCI provides transportation service solutions to individuals, companies and governmental agencies that is tailored to meet each customer' s unique needs and is safe, reliable and cost- effective.
As past President of the Parking Association of California, a member of the National Parking Association Executive Board of Directors and an active member of numerous trade and civic organizations, it is clear that Gill will always have a desire to serve. His personal involvement is reflected in the quality service each client of PCI receives.
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1. 3 PCI Mission Statement
PCI' s mission is to provide
professional parking and transportation services
which are accurate, consistent,
responsive and innovative;
to safeguard and enhance
client image and assets;
and
to provide opportunity, growth and
satisfaction for our employees."
Our Goal
To provide the finest parking management and transportation services in the industry.
Our Strategy
We employ people who are committed to serving customer' s needs.
We offer our customers the best possible quality and value in parking services.
We provide efficient, accurate and reliable services.
Our Principles
Our customers' complete satisfaction is our daily goal. We accept the responsibility to earn the trust and loyalty from our customers and never take our business relationships for granted. We strive to provide excellent service through every department and every employee in the Company.
We recognize that our customers' loyalty is the basis for our continued growth as a company and is the livelihood of every employee. Therefore, each employee at every level at PCI is committed to treating our customers in a business - like manner.
Our employees are the backbone of PCI. The success of the organization as a whole depends on the abilities, character and integrity that each person brings to his or her role in this organization.
Each employee' s job is vital to the Company. Degrees of responsibility vary, but all employees' responsibilities are essential to the fulfillment of our goal.
PCI strives to create an environment where our employees actively use their talents and energies to meet the needs of our customers. We believe that work is rewarding and fulfilling when employees understand how they contribute to the success of the whole. Therefore, PCI regularly shares information about the Company' s progress and encourages employees to share their ideas while gaining an understanding of how the business works.
Profitable Growth and Sound Management
PCI believes in the free enterprise system and the profit motive as the best instruments for satisfying customers' needs and for producing the greatest common good. PCI will strive to be well- managed, highly profitable and financially strong for the benefit of its customers and employees.
Public Responsibility
PCI will be a responsible citizen in the community and will encourage its employees to participate in practical programs for community betterment.
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1. 4 Purpose of the Handbook
This employee handbook ( the " Handbook") is designed to provide you with information about working conditions, employee benefits, and some of the policies affecting your employment with PCI. PCI and its Transportation Concepts division are part of the same company and, unless otherwise indicated, the provisions of this Handbook apply to all PCI employees, including those working for PCI' s Transportation Concepts division. In this Handbook, PCI and its Transportation Concepts division or collectively referred to as " PCI" or the " Company.
This Handbook sets forth some of PCI' s current policies and is designed to familiarize employees with important policies and procedures. The Handbook was developed to describe some of the expectations of our employees and to outline the policies, programs, and benefits available to eligible employees. All employees are expected to read and become familiar with the contents of the Handbook.
The Handbook will answer many questions about employment with PCI.
This Handbook replaces any other handbooks you may have received and any verbal policies or practices that may have been previously communicated to you. With the exception of the At -Will Employment policy in Section 2. 5, below, the Acknowledgement and At -Will Employment Agreement at the end of the Handbook, and the Mutual Agreement to Arbitrate Claims at the end of the Handbook, PCI reserves the right to revise, modify, delete or add to any and all policies, procedures, work rules or benefits stated in the Handbook or in any other document. Written changes to the Handbook will be distributed to employees from time to time to make employees aware of new policies or procedures.
With the exception of the At -Will Employment policy in Section 2. 5, below, the Acknowledgement and At -Will Employment Agreement at the end of the Handbook, and the Mutual Agreement to Arbitrate Claims at the end of the Handbook, the Handbook should not be construed as creating any kind of employment contract. The Acknowledgment and At -Will Employment Agreement at the end of the Handbook, sets forth the entire agreement between each employee and PCI as to the duration of employment and the circumstances under which employment may be terminated. Nothing in the Handbook or in any other personnel document creates or is intended to create a promise, representation, or agreement for continued employment or termination only for good cause.
After reading the Handbook, and throughout your employment, you may have questions about PCI' s policies, practices, benefits, or other matters discussed in the Handbook. Please direct such questions to your supervisor or manager, or to the Human Resources Manager.
1. 5 Collective Bargaining Agreements
Employees who are enrolled members of a Collective Bargaining Unit are subject to policies and procedures contained in this Handbook unless the applicable Collective Bargaining Agreement provides otherwise, in which case the terms of the Collective Bargaining Agreement control.
1. 6 Local Wage Ordinances
The following California cities and counties have adopted local wage ordinances which contain various provisions, such as minimum wages rates, paid sick leave, and other topics affecting employees working within their boundaries:
Albany Anaheim Berkeley Davis
Emeryville Fairfax Hayward Long Beach
Los Angeles Los Angeles County Marin County Oakland
Oxnard Pasadena Petaluma Port Hueneme
Port of Los Angeles Port of Oakland Richmond Sacramento San Diego San Jose San Leandro San Mateo County
Santa Barbara Santa Clara County Santa Cruz Santa Cruz County Parking Concepts, Inc. Employee Handbook
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Ventura Ventura County Vernon Watsonville
West Hollywood
To the extent that any provisions of this Handbook are inconsistent with the terms of an applicable municipal or county wage ordinance, the terms of the applicable wage ordinance control.
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GENERAL EMPLOYMENT POLICIES
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2. 1 Employment Applications
PCI relies upon the accuracy of information contained in the employment application, as well as the accuracy of other data presented throughout the hiring process and employment. Any misrepresentations, falsifications, or material omissions in any of this information or data may result in the exclusion of the individual from further consideration for employment or, if the person has been hired, termination of employment. In compliance with California law, PCI will not discharge or take other adverse action against an employee who updates or attempts to update his or her personal information that is not directly related to skill set, qualifications, or knowledge required for the job.
2. 2 Employment Reference Checks
To ensure that individuals who join PCI are well qualified and have a strong potential to be productive and successful, PCI reserves the right to check the employment references of all applicants.
2. 3 Collection and Use of Personal Information
During the application process and/ or during employment, PCI collects various categories of personal information regarding applicants and employees, including:
Name, address, telephone number and email address;
Demographic information ( e. g., gender, race, national origin, age) as required by federal equal opportunity laws and regulations;
Social Security number;
Bank and bank account number ( if enrolled in direct deposit); Immigration status / Right to work in the United States; Education;
Military service and training;
Other specialized training relevant to job duties;
Prior work experience;
Criminal convictions ( information requested after conditional offer of employment); Reasons for leaving prior employment;
Names, ages and addresses of spouse, domestic partner and dependents ( regarding benefit enrollment);
Driving record ( requested from employees who drive as part of their job duties); Identity of friends and relatives who work for PCI;
Medical information ( related to leaves of absence, drug and alcohol testing, administration of medical insurance, and/ or workers' compensation); Biometric information ( for identification and timekeeping); Internet and email usage while at work and using PCI -owned devices; and Literacy ( when job related and consistent with business necessity).
Such personal information is used solely to: ( 1) evaluate applicants for employment and employees for continued employment, raises, and promotions; ( 2) identify employees in the timekeeping system; ( 3) issue wage payments to employees; ( 4) administer employee benefit plans for employees and their dependents; ( 5) administer leaves of absence; ( 6) administer workers' compensation insurance; and 7) ensure compliance with PCI' s personnel policies. Workforce demographic information is used solely to comply with annual EEO - 1 reporting obligations. Medical information is used solely for leave of absence administration, drug and alcohol testing, administration of medical insurance, and/ or workers' compensation.
PCI does not sell its applicants' or employees' personal information. PCI protects its applicants' and employees' personal information from inadvertent disclosure and restricts access to such information to Parking Concepts, Inc. Employee Handbook
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C management - level employees on a need -to -know basis. PCI does not disclose its applicants' or employees' personal information to third parties, including but not limited to other employers or government agencies, unless required by law.
2. 4 Immigration Law Compliance
PCI is legally required to employ only United States citizens and non - citizens who are authorized to work in the United States. PCI does not unlawfully discriminate on the basis of citizenship or national origin. In compliance with the Immigration Reform and Control Act of 1986, each new employee, as a condition of employment, must complete an Employment Eligibility Verification Form I- 9 and present documentation establishing identity and employment eligibility. Former employees who are rehired must also complete the form if they have not completed an 1- 9 with PCI within the past three years, or if their previous 1- 9 is no longer retained or valid. Failure to provide these documents within three days of date of hire will result in termination.
2. 5 Employment At Will
Upon receipt of this Handbook, you will be required to sign the Employee Acknowledgment and At -Will Employment Agreement ( the " At Will Agreement") and Mutual Agreement to Arbitrate Claims ( the Arbitration Agreement"), which are printed at the end of the Handbook. As discussed in the At Will Agreement, your employment with PCI is at -will employment. This means that you may resign from employment at any time, with or without cause and with or without notice, and that PCI may transfer, reassign, suspend, or demote you, or terminate the employment at any time, with or without cause and with or without notice. Your status as an at -will employee can only be changed by an express, written employment agreement signed by PCI' s President.
No statements made in pre -hire interviews or discussions or in recruiting materials of any kind may alter the at -will nature of employment or imply that termination of employment will occur only for cause.
This Handbook supersedes any and all prior handbooks, written documents or oral representations that contradict the at -will nature of your employment.
The policies of the Handbook have been developed at the discretion of management and, with the exception of the At Will Agreement and the Arbitration Agreement, these policies and the terms and conditions of employment with PCI may be modified at the sole discretion of PCI, with or without cause or notice at any time. The Handbook is intended to be a guideline and, except the At -Will Agreement and Arbitration Agreement, no express or implied contract concerning any term or condition of employment can be established by any statement, conduct, policy, or practice contained in the Handbook or implemented by PCI in the workplace.
2. 6 Equal Employment Opportunity
a. Equal Opportunity; Protected Classifications. PCI is an equal opportunity employer and strives to comply with all applicable laws prohibiting discrimination based on race ( including natural and protective hairstyles associated with race, such as braids, twists and locks), color, religious creed, religious belief ( including dress or grooming practices), gender, sex, gender identity, gender expression, sexual orientation, marital/ domestic partner status, citizenship, national origin and ancestry ( including language use linguistic characteristics, tribal affiliation, membership in organizations identified with a national origin participation in schools or religious institutions associated with a national origin, having a name associated with a national origin, and protected use of driver' s licenses granted under the California Vehicle Code), mental or physical disability ( including AIDS and HIV status), medical condition ( including cancer and genetic information or characteristics, or those of family members), pregnancy, childbirth, breastfeeding including medical conditions related to pregnancy, childbirth or breastfeeding), age, military and veteran status, status as a victim of domestic violence, sexual assault, or stalking, use of any legally protected leave, and/ or any other consideration made unlawful by federal, state or local laws. In addition, PCI prohibits discrimination based on the perception that anyone has any of those characteristics, or is Parking Concepts, Inc. Employee Handbook
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 730DBE4B909C associated with a person who has or is perceived to have any of those characteristics. All such discrimination is prohibited. This policy applies to all terms and conditions of employment, including but not limited to, hiring, placement, promotion, demotion, termination, layoff, transfer, leaves of absence, compensation and training.
b. Persons Covered by Policy. PCI is committed to complying with all laws providing equal employment opportunities that are applicable to PCI. This commitment applies to all persons involved in the operation of PCI and prohibits unlawful discrimination by any employee of PCI, including managers, supervisors and co- workers.
C. Persons with Disabilities. To comply with applicable laws ensuring equal employment opportunities for qualified individuals with disabilities, PCI will make reasonable accommodation for the known physical or mental disabilities of otherwise qualified applicants and employees, unless undue hardship would result. Any applicant or employee who requires an accommodation to perform the essential functions of the job should contact his/ her supervisor or the Human Resources Manager and request such an accommodation. If possible, the individual with disability should specify what accommodation he/ she needs to perform the job. PCI will then conduct an investigation to identify the essential functions of the position, barriers that make it difficult for the applicant or employee to have an equal opportunity to perform his/ her job, and whether there is a reasonable accommodation that would not represent an undue hardship. In the process of determining a reasonable accommodation, PCI will enter into a good - faith, interactive process with the applicant or employee to identify possible accommodations, if any, that will help overcome the limitation. If the accommodation is reasonable and will not impose an undue hardship, PCI will make the accommodation. d. Equal Pay for Substantially Similar Work. In accordance with state and federal law, the Company provides employees with equal pay for substantially similar work when viewed as a composite of skill, effort and responsibility, and without regard to gender, race or ethnicity. During the recruiting process, the Company does not request prior compensation history from any applicant. The Company prohibits retaliation against an employee or applicant for inquiring about wage rates, disclosing the employee' s own wage rate to other employees, or discussing wage rates with other employees. e. Who to Contact. An employee who has questions or concerns about discrimination in the workplace, or believes that he/ she has been subjected to any form of unlawful discrimination, should bring his/ her concerns to the attention of the Human Resources Manager, the Vice President of PCI, the Chief Operating Officer of Transportation Concepts, or the President. Whenever possible, the employee' s complaint should be specific and should include the names of the individuals involved and the names of any witnesses. PCI will immediately undertake an effective, thorough and objective investigation in accordance with Internal Complaint Process discussed below. If PCI determines that prohibited discrimination has occurred, effective remedial action will be taken commensurate with the severity of the offense.
Appropriate action also will be taken to deter any future discrimination. f. Retaliation Prohibited. PCI will not retaliate against an employee for making a complaint under this policy and PCI prohibits retaliation by managers, supervisors and co- workers. No employee will be subject to any form of discipline or retaliation for reporting perceived violations of this policy, pursuing any such claim, or cooperating in any way in the investigation of such claim. Appropriate disciplinary action may be taken with respect to an employee who violates this policy, up to and including termination of employment.
2. 7 Harassment Prevention Policy
a. Prohibited Conduct. PCI is committed to providing a work environment free of unlawful harassment based on race ( including natural and protective hairstyles associated with race, such as braids, twists and locks), color, religious creed, religious belief ( including dress or grooming practices), gender, sex, gender identity, gender expression, sexual orientation, marital/ domestic partner status, citizenship, national origin and ancestry ( including language use linguistic characteristics, tribal affiliation, membership Parking Concepts, Inc. Employee Handbook
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 730DBE4B909C in organizations identified with a national origin participation in schools or religious institutions associated with a national origin, having a name associated with a national origin, and protected use of driver' s licenses granted under the California Vehicle Code), mental or physical disability ( including AIDS and HIV status), medical condition ( including cancer and genetic information or characteristics, or those of family members), pregnancy, childbirth, breastfeeding ( including medical conditions related to pregnancy, childbirth or breastfeeding), age, military and veteran status, status as a victim of domestic violence, sexual assault, or stalking, use of any legally protected leave, and/ or any other consideration made unlawful by federal, state or local laws. In addition, PCI prohibits harassment based on the perception that anyone has any of those characteristics, or is associated with a person who has or is perceived to have any of those characteristics. All such conduct is prohibited. b. Persons Covered by Policy. This policy applies to all persons involved in or related to PCI' s business operation and prohibits unlawful harassment by any employee, supervisor, manager, third party or visitor, including by way of example, any contractor, temporary employee, vendor, or other third party that comes into contact with any employee of PCI. PCI specifically prohibits its customers, vendors, suppliers, independent contractors and others doing business with PCI from harassing its employees.
C. Employee Defined. For purposes of this policy, an " employee" also includes unpaid interns, volunteers and persons providing services to PCI pursuant to contract. All such persons are both protected by this policy and prohibited from engaging in harassment, discrimination or retaliation. d. Individual Liability. An employee who engages in unlawful harassment of a co -employee may be held personally liable for the harassment, regardless of whether PCI knew or should have known of the conduct.
e. Examples of Prohibited Sexual Harassment. Sexual harassment includes a broad spectrum of conduct including harassment based on gender, gender identity, gender expression, transgender or sexual orientation ( meaning one' s heterosexuality, homosexuality, or bisexuality), regardless of whether the person subjected to harassment has sustained a loss of tangible job benefits.
Some examples of unacceptable behavior include:
Explicitly or implicitly conditioning an employment benefit ( such as a raise or promotion or assistance with one' s career) on an applicant or employees submission to sexual advances or other conduct based on sex, or threatening an employment detriment ( such as termination, demotion, or disciplinary action) for an employee' s refusal to engage in sexual activity; Unwanted sexual advances;
Visual conduct, such as leering, making sexual gestures, or displaying sexually suggestive objects, pictures, cartoons or posters;
Verbal sexual advances, propositions, requests or comments; Verbal abuse of a sexual nature, graphic verbal commentaries about an individual' s body, sexually degrading words used to describe an individual, and suggestive or obscene letters, notes or invitations;
Physical conduct, such as touching, assault, impeding or blocking movement; Physical or verbal abuse concerning an individual' s gender or the actor' s perception of the individual' s gender;
Verbal abuse concerning a person' s characteristics such as vocal pitch, facial hair or the size or shape of a person' s body, including remarks that a male is too feminine or a female is too masculine; and
Other unwelcome comments or conduct based on sex that unreasonably interfere with an employee' s work performance or create an intimidating, hostile, or offensive work environment.
Sexual harassment includes offensive conduct based upon the victim' s gender, transgender or sexual orientation. However, sexually harassing conduct need not be motivated by sexual desire.
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 730DBE4B909C f. Examples of What Constitutes Other Prohibited Harassment. In addition to the above listed conduct, PCI strictly prohibits harassment based upon race, color, religion, national origin, age or any other protected characteristics. Some examples of prohibited harassment concerning race, color, religion, national origin, age or other protected characteristics include:
Slurs, epithets, and other offensive remarks;
Jokes, whether written, verbal, or by e- mail;
Threats, intimidation, and other menacing behavior; and Other verbal, graphic, or physical conduct predicated upon one or more of the protected characteristics identified in this policy.
If you have any questions about what constitutes harassment in violation of this policy, ask your supervisor or the Human Resources Manager for clarification.
g. Harassment of Third Parties. Harassment of PCI' s clients, vendors, suppliers or independent contractors, or of the employees of PCI' s clients, vendors, suppliers or independent contractors, is also strictly prohibited. Such harassment includes the types of behavior specified in this policy, including sexual advances, verbal or physical conduct of a sexual nature, sexual comments and gender- based insults. Any such harassment will subject an employee of PCI to disciplinary action, up to and including termination of employment.
2. 8 Internal Complaint Process
a. Who to Contact. If you believe you have been subjected to harassment, discrimination or retaliation by another employee, supervisor, manager or other person involved in or related to PCI' s business operation, you should immediately contact the Human Resources Manager, the Vice President of PCI, the Chief Operating Officer of Transportation Concepts, or the President. In addition, if you observe discrimination, harassment or retaliation by another employee, supervisor, manager or non- employee in violation of PCI' s policies, you should report the incident immediately to the Human Resources Manager, the Vice President of PCI, the Chief Operating Officer of Transportation Concepts, or the President. b. Special Role of Supervisors. Supervisors have a special role in preventing discrimination, harassment, and retaliation. All managers and supervisors are responsible for:
Implementing the PCI policies on Equal Employment Opportunity and Harassment Prevention; Ensuring that all employees they supervise have knowledge of and understand the policies; Taking and/ or assisting in prompt and appropriate corrective action when necessary to ensure compliance with the policies; and
Always acting in a manner consistent with the policies.
A supervisor who observes discrimination, harassment or retaliation in violation of PCI' s policies, or who receives a complaint of misconduct in violation of the policies, should immediately report the matter to the Human Resources Manager or PCI' s President.
C. Confidentiality. Complaints of discrimination, harassment or retaliation in violation of PCI' s policies may be made orally or in writing. Complaints will be treated as confidential to the extent possible, consistent with PCI' s obligation to conduct a thorough and impartial investigation. Because PCI is obligated to investigate complaints, complete confidentiality is not possible and is never promised to any employee. d. Assignment of Investigator. Upon receipt of a complaint, PCI will designate a qualified, impartial person to conduct a fair, timely and thorough investigation. The investigator will report his or her progress to PCI' s President or to another designated officer, who will track the progress of the investigation and ensure its timely completion and closure.
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 730DBE4B909C e. Scope of Investigation. The investigator will interview the person making the complaint, the accused person, and any percipient witnesses. The investigator will also review any relevant documents. f. Findings and Conclusions; Disciplinary Action. At the conclusion of the investigation, PCI will make a determination of whether a violation of its policies has occurred. If PCI determines that a violation has occurred, it will take prompt and effective action to ensure that no further discrimination, harassment or retaliation occurs. Any employee or independent contractor determined by PCI to have violated PCI' s policies will be subject to appropriate disciplinary action, up to and including termination. A Company representative will advise all parties concerned of the results of the investigation. g. No Retaliation. All complaints of discrimination, harassment and/ or retaliation which are reported to management will be investigated promptly and corrective action will be taken whenever warranted. PCI will not retaliate against an employee for making a complaint and will not tolerate or permit retaliation by any manager, supervisor, co- worker, or other person involved in or related to PCI' s business operation. Disciplinary action will be taken against any employee who attempts to discourage or prevent another from using PCI' s complaint procedure to report a violation. h. Periodic Training. PCI regularly provides harassment awareness training, including managerial, supervisory, and employee orientation courses. A copy of PCI' s harassment policy is made available to all new employees. Additional information regarding prevention of harassment is available from the United States Equal Employment Opportunity Commission, www.eeoc.gov, and the California Department of Fair Employment and Housing, www. dfeh. ca. gov.
2. 9 Transfers and Career Advancement
PCI encourages employees to apply for promotions to positions for which they are qualified.
Promotions and transfers are based on the ability, qualifications, performance and potential of the candidates for such positions as determined by the Company. If you are interested in a promotion or transfer, please complete a " Transfer Request" form which may be obtained from your supervisor or manager.
2. 10 Employee Relations
PCI believes that the working conditions, wages, and benefits it offers to its employees are competitive with those offered by other employers in this area and in this industry. An employee who has concerns about working conditions or compensation is strongly encouraged to voice such concerns openly and directly to his/ her supervisor or manager.
2. 11 Open Door Policy
If you have questions concerning your job or encounter a work- related problem, we encourage you to discuss the matter with us. PCI cannot address your questions or problems unless we know about them.
If you have a problem, please talk to your supervisor or manager as soon as possible. Your supervisor or manager is the person responsible for what goes on in your work area and may be in the best position to help you.
If you prefer not to speak with your supervisor or manager, or if you feel your supervisor or manager cannot or has not addressed your problem, please contact your District Manager to discuss the concern. If you still feel the need to speak to management after discussing your problem with the District Manager, you should contact the Human Resources Manager, the Vice President of PCI, the Chief Operating Officer of Transportation Concepts, or the President.
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C PCI takes employee concerns and problems brought to its attention seriously and you are encouraged to utilize the problem resolution program without fear of retaliation.
2. 12 Personnel Records
PCI maintains a personnel file regarding each employee. Personnel files contain, by way of example, information and documents used to determine employees' qualifications for employment, promotion, additional compensation, termination, and disciplinary action; applications for employment; employment agreements; acknowledgements of receipt of the employee handbook and key policies; payroll authorization forms; records regarding compensation, bonuses, date of hire, seniority, and other changes of status; notices of commendation, warning, discipline, and termination; notices of layoff, leaves of absence ( that do not contain medical information), and similar matters; wage attachment or garnishment notices; education and training notices and records; performance appraisals or interview evaluation ratings; attendance and absence records; promotion recommendations; production and quality records; records of grievance affecting employment status; job descriptions; and employee benefit information. PCI retains personnel records according to applicable state and federal laws.
To help protect employee privacy rights, the following documents are maintained by the human resources department in separate files: confidential medical information; 1- 9 forms, including any work authorization or identity documents related thereto; informal supervisors' performance notes that have not been given to the employee; internal investigations into workplace misconduct, including, but not limited to, interview notes and witness statements; workers' compensation claims and documents; information and documents related to background checks; drug test results; and medical notes.
Employees may inspect and receive copies of personnel records that PCI maintains relating to the employee' s own performance or to any grievance concerning the employee. Employees may also receive a copy of any personnel document that that employee has signed.
An employee who wishes to inspect his/ her personnel records must submit a written request to Human Resources Manager. Upon receipt of a request to review personnel records from an employee or his/ her representative, Human Resources will contact the employee and set up an appointment for the employee ( or his/ her representative) to review the personnel records, during non -work time, at PCI' s offices, and within 30 days of PCI' s receipt of the written request to inspect, unless the employee, or his/ her representative, and PCI agree in writing to a date beyond 30 days.
An employee who wishes to receive a copy of his/ her personnel records must also submit a written request to Human Resources Manager. Upon receipt of a request for a copy of personnel records from the employee or his/ her representative, Human Resources Manager will contact the employee and set up an appointment for the employee ( or his/ her representative) to receive a copy of his/ her personnel records, during non -work time, at PCI' s offices, and within 30 days of the Company' s receipt of the written request to inspect, unless the employee, or his/ her representative, and PCI agree in writing to a date beyond 30 days. PCI reserves the right to charge any employee requesting a copy of his/ her personnel records the actual cost of reproducing such records.
For purposes of inspecting or receiving a copy of an employee' s personnel records, a representative is a person authorized in writing by the employee to inspect, or receive a copy of, his/ her personnel records. PCI reserves the right to take reasonable steps to verify the identity of employees or their authorized representatives who request to inspect or receive copies of the employee' s personnel records. PCI further reserves the right to redact the names of any non -supervisory employees contained in personnel records.
An employee' s right to inspect or receive a copy of his/ her personnel and payroll records includes only: ( 1) payroll information; ( 2) records relating to the employee' s performance or any grievance concerning the employee; and ( 3) documents the employee has signed. Further, the Company is required to comply with only one request per year by former employees to inspect or receive a copy of their Parking Concepts, Inc. Employee Handbook
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 730DBE4B909C personnel records. The following types of records are not subject to inspection or copying upon request by an employee or former employee: ( 1) records relating to the investigation of a possible criminal offense; 2) letters of reference; and ( 3) ratings, reports, or records that were obtained prior to the employee' s employment, prepared by identifiable examination committee members, or obtained in connection with a promotional examination.
PCI will attempt to restrict disclosure of an employee' s personnel file to authorized individuals within the Company. Any request for information from personnel files must be directed to the Human Resources Manager. Only the Human Resources Manager is authorized to release information about current or former employees. Disclosure of personnel information to outside sources will be limited.
However, PCI will cooperate with requests from authorized law enforcement or local, state, or federal agencies conducting official investigations and as otherwise legally required.
In accordance with California law, with the exception of 1- 9 Employment Eligibility Verification forms, PCI does not provide voluntary consent for immigration enforcement agents to access, review or obtain employment records for any employee without a subpoena or judicial warrant.
PCI will not retaliate, discriminate against, or harass any employee for requesting to inspect or receive a copy of his/ her personnel records and it prohibits retaliation, discrimination, and harassment by managers, supervisors, and co- workers. No employee will be subject to, and PCI prohibits, any form of discipline or retaliation for requesting to inspect or receive a copy of his/ her personnel records.
2. 13 Payroll Records
Employees may inspect and receive copies of their payroll records. PCI retains payroll records according to applicable state and federal laws.
An employee who wishes to inspect or receive a copy of his/ her payroll records must submit a request to the Human Resources Manager. Upon receipt of a request to inspect or receive a copy of payroll records from the employee, the Human Resources will contact the employee and set up an appointment for the employee to review or receive a copy of the payroll records, during non -work time, at PCI' s offices, and within 21 days of the request to inspect, unless the employee and PCI agree in writing to a date beyond 21 days. PCI reserves the right to charge an employee requesting a copy of his/ her payroll records for the actual cost of reproducing such records. PCI further reserves the right to take reasonable steps to verify the identity of employees who request to inspect or receive a copy of their payroll records.
PCI will attempt to restrict disclosure of an employee' s payroll records to authorized individuals within PCI. Any request for information from payroll records must be directed to Human Resources Manager. Only the Human Resources Manager is authorized to release information about current or former employees. Disclosure of payroll information to outside sources will be limited. However, PCI will cooperate with requests from authorized law enforcement or local, state, or federal agencies conducting official investigations and as otherwise legally required.
PCI will not retaliate, discriminate against, or harass any employee for requesting to inspect or receive a copy of his/ her payroll records and it prohibits retaliation, discrimination, and harassment by managers, supervisors, and co- workers. No employee will be subject to, and PCI prohibits, any form of discipline or retaliation for requesting to inspect or receive a copy of his/ her payroll records.
2. 14 Suggestion Program
As a PCI employee, you have the opportunity to contribute to our future success and growth by submitting suggestions for practical work -improvement or cost -savings ideas. All employees are eligible to participate in the suggestion program.
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C A suggestion is an idea that will benefit PCI by solving a problem, reducing costs, improving operations or procedures, enhancing customer service, eliminating waste or spoilage, or making PCI a better or safer place to work. Statements of problems without accompanying solutions, or recommendations concerning co- workers and management, are not " suggestions" as defined in this policy.
All suggestions must be submitted on a suggestion form and should contain a description of the problem or condition to be improved, a detailed explanation of the solution or improvement, and the reasons why it should be implemented. If you have questions or need advice about your idea, contact the Human Resources Manager for help.
Submit suggestions to the Human Resources Manager and, after review, they will be forwarded to the Suggestion Committee. As soon as possible, you will be notified of the adoption or rejection of your suggestion. Special recognition will be given to employees who submit a suggestion that is implemented.
2. 15 Arbitration
PCI believes that its competitive success depends on its ability to attract and retain the very best employees. To that end, PCI is committed to the fair and timely resolution of its employee' s issues and complaints. Ideally there would never be disputes between PCI and its valued employees. Unfortunately, on occasion, disputes do occur. Sometimes when disputes arise they can lead to court proceedings that are usually very expensive and time consuming for both the employee and the Company.
PCI believes that the arbitration process benefits both employees and the Company. Disputes will be resolved more quickly, at a lower cost for all the participants, and most importantly, resolution will be determined by a neutral and objective expert mutually selected by the employee or former employee and the Company. The agreement to arbitration does not change or limit the complaints an individual may bring — it only requires that the complaints be decided by an arbitrator rather than by a judge or jury.
A copy of the Mutual Agreement to Arbitrate Claims ( the " Arbitration Agreement") is included with this Handbook. PCI is in a business involving interstate commerce and the Arbitration Agreement is enforced pursuant to the Federal Arbitration Act, 29 U. S. C. § 2, which preempts any state law that discriminates on its face against arbitration or disfavors enforcement of arbitration agreements. The Arbitration Agreement is a condition of employment with PCI. Prior to signing the Arbitration Agreement, an employee must take the time to read and understand the agreement. Employees will be asked to sign the Arbitration Agreement on their first day of employment or upon implementation of a revised Employee Handbook and/ or Arbitration Agreement, whichever occurs earlier. Employees should contact the Human Resources Manager with any questions related to the Arbitration Agreement.
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 730DBE4B909C Section 3
WORK CLASSIFICATIONS AND
COMPENSATION
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3. 1 Employment Categories
Employment classifications established by PCI determine eligibility for certain employee benefits.
Such classifications have been established in accordance with state and federal law, where applicable.
Nothing herein shall be construed to abrogate PCI' s policy of at -will employment. All employment with PCI is for an unspecified term and is subject to the mutual consent of the employee and PCI. The right to terminate the employment relationship at will, at any time, with or without cause and with or without notice, is retained by both the employee and PCI.
Every employee is designated as either exempt or non- exempt.
Exempt employees are employees who are not eligible for overtime compensation based upon their job duties and salary level. Exempt employees are compensated on a salary basis and are not subject to daily timekeeping requirements. PCI determines whether an employee is exempt based on applicable federal and state laws. Exempt employees are informed of their exempt status at the time of hire or whenever they are reclassified to an exempt position.
Non- exempt employees are those who are paid by the hour. They are entitled to overtime pay in accordance with applicable federal and state overtime laws. Paid time off, including vacation, holidays, and paid sick leave, are not considered hours worked when calculating overtime.
Every PCI employee is further classified as regular part- time, regular full- time or temporary.
Regular part-time employees are those who are not in a temporary status and who are regularly scheduled to work less than 40 hours per week. Regular part- time employees receive all legally mandated benefits ( such as employer -paid social security contributions and workers' compensation insurance). Regular part- time employees who are regularly scheduled to work at least 30 hours per week may participate in group medical insurance plans offered by the Company subject to the terms, conditions, and limitation of the applicable plan and the Affordable Care Act. Regular part- time employees are not eligible for most other Company - provided benefits.
Regular full-time employees are those who are not in a temporary status and who are regularly scheduled to work at least 40 hours per week. Regular full- time employees are eligible for PCI' s benefits subject to the terms, conditions, and limitations of each benefit program.
Temporary/ Intern employees are those who are hired by PCI for a temporary period to supplement the work force or to assist in the completion of a specific project. Employment beyond any initially stated period does not in any way constitute or imply a change in employment classification. Temporary/ Intern employees retain that status unless and until notified of a change. Temporary/ Intern employees are paid directly by PCI and receive all legally mandated benefits ( such as employer - paid social security contributions, workers' compensation insurance, and in some cases paid sick leave). Temporary/ Intern employees are not eligible for most other Company -provided benefits.
Employees who are enrolled members of a Collective Bargaining Unit are subject to policies and procedures contained in this Handbook unless an applicable Collective Bargaining Agreement provides otherwise, in which case the terms of the Collective Bargaining Agreement control.
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3. 2 Introductory Period
The Introductory Period is intended to give new employees an opportunity to demonstrate their ability to achieve a satisfactory level of performance and to determine whether the new position meets their expectations. PCI uses this period to evaluate employee capabilities, work habits, and overall performance. Either the employee or PCI may end the employment relationship at will at any time during or after the Introductory Period, with or without cause and with or without notice.
All new and rehired employees work on an introductory basis for the first sixty ( 60) days after their date of hire. Any significant absence will automatically extend an Introductory Period by the length of the absence. Upon satisfactory completion of the Introductory Period, employees enter the " regular" employment status.
During the Introductory Period, new employees are eligible for those benefits that are required by law, such as workers' compensation insurance, social security contributions and paid sick leave ( after completion of 30 days of employment). After becoming regular employees, they may become eligible for other PCI - provided benefits, subject to the terms and conditions of each benefits program. Employees should read the description for each specific benefits program for details on eligibility requirements.
An employee who completes the Introductory Period and becomes a regular employee is not guaranteed continued employment. Employment with PCI is at -will and may be terminated by the employee or the Company at any time, with or without cause and with or without notice.
3. 3 Rest Periods
PCI provides all employees with the opportunity to take a net 10 -minute, paid rest period for every four hours worked ( or major fraction thereof), which must be taken in one consecutive 10 -minute block and, so far as practicable, in the middle of each work period. PCI considers anything more than two hours to be a " major fraction" of four. PCI generally will not authorize a rest period for an employee whose total daily work time is less than three and one- half hours.
The following chart summarizes the number of net 10 -minute rest periods that each employee is provided based on the number of hours worked.
Hours of Work Number of 10 -Minute Rest Periods
Provided
0 up to 3. 4 ( less than 3. 5) 0
3. 5 up to 6.0 1
More than 6. 0 up to 10. 0 2
More than 10.0 up to 14. 0 3
More than 14. 0 up to 18. 0 4
Employees are expected to schedule their rest periods at their own discretion under these guidelines unless instructed otherwise by a supervisor. Rest periods may not be combined with meal periods. Rest periods are counted as hours worked. For this reason, non- exempt employees do not clock in or out for their rest periods. Rest periods may not be waived or accumulated for any purpose.
Employees are relieved of all job duties during their rest periods. Except in a case of extreme emergency, no manager or supervisor may instruct an employee to forego a rest period or approve an employee' s request to forego a rest period. Employees should immediately report a manager' s or supervisor' s instruction to forego a rest period to the District Manager or Human Resources Manager. Any employee who is required to work during or through a rest period will be compensated for the time worked and will receive an additional hour of pay for each day that he/ she does not receive a required rest period.
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C Employees may be required to sign a certification providing, among other things, that the Company provided and the employee took all required rest periods during a pay period or listing the days the employee was not provided or was unable to take a rest period and the reason for such occurrence.
PCI will not retaliate or discriminate against any employee for making a complaint regarding rest periods and it prohibits retaliation and discrimination by managers, supervisors, and co- workers. No employee will be subject to, and PCI prohibits, any form of discipline or retaliation for reporting perceived violations of this policy, pursuing any such claim, or cooperating in any way in the investigation of such claims.
3. 4 Meal Periods
Non- exempt employees who work more than five hours in a workday are required to take at least one uninterrupted, net 30 -minute, unpaid meal period, which must begin before the end of the fifth hour of work.
Employees who work more than 10 hours in a workday are required to take a second uninterrupted, net 30 -minute, unpaid meal period unless they elect to waive the second meal period by mutual consent of the Company and the employee as provided below. If an employee is eligible for a second meal period, it must begin before the end of the tenth hour of work.
Employees are completely relieved of all job responsibilities during their meal periods. For this reason, non- exempt employees must clock out for their meal periods, or record the actual beginning and ending times of their meal periods on their timesheets every day.
The length of a meal period may not be rounded up or down, and meal periods must not be less than 30 minutes in duration. Meal periods may not be combined with rest periods.
The following chart clarifies how many hours an employee has worked and, correspondingly, when the employee must begin his/ her uninterrupted, 30 -minute, unpaid meal period(s) using as an example an employee whose workday begins at 8: 00 a. m.
Time Worked Hours Worked
8: 00 a. m. to 8: 59 a. m. 1 st Hour
9: 00 a. m. to 9: 59 a. m. 2nd Hour
10: 00 a. m. to 10: 59 a. m. 3rd Hour
11: 00 a. m. to 11: 59 a. m. 4th Hour
12: 00 p. m. to 12: 59 p. m. 5th Hour ( first meal period must begin before the end of the fifth hour, i. e., by no later than 12: 59 p. m. in this example) 1: 00 p. m. to 1: 59 p. m. 6th Hour
2: 00 p. m. to 2: 59 p. m. 7th Hour
3: 00 p. m. to 3: 59 p. m. 8th Hour
4:00 p. m. to 4: 59 p. m. 9th Hour
5: 00 p. m. to 5: 59 p. m. 10th Hour ( second meal period must begin before the end of the tenth hour, i. e., by no later than 5: 59 p. m. in this example) 6:00 p. m. to 6: 59 p. m. 1 1 th Hour
An employee may waive his/ her meal period only under the following circumstances:
If an employee will complete his/ her workday in six hours or less, the employee may waive his/ her meal period by mutual consent of both PCI and the employee. Employees may not waive their first meal period for any workday in which they work more than six hours.
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C An employee who works more than 10 hours in a workday may waive his/ her second meal period only if all of the following conditions are satisfied: ( 1) the employee has taken his/ her first meal period; ( 2) the employee does not work more than 12 hours in the workday; and ( 3) both PCI and the employee mutually consent to waive the second meal period.
Whenever an employee elects to waive a meal period, he/ she must submit a written request and receive prior written authorization from the Human Resources Manager. Employees may not waive any meal period in any circumstances other than those circumstances described in this Meal Period policy. An employee may not waive a meal period to shorten his/ her workday or to accumulate meal periods for any other purpose.
Employees are relieved of all job duties during their meal periods. Except in a case of extreme emergency, no manager or supervisor may instruct an employee to forego a meal period or approve an employee' s request to forego a meal period. Employees should immediately report a manager' s or supervisor' s instruction to skip a meal period to the District Manager or Human Resources Manager. Any employee who is required to work during or through a meal period will be compensated for the time worked and will receive an additional hour of pay for each day that he/ she does not receive a required meal period.
Employees may be required to sign a certification providing, among other things, that the Company provided and the employee took all required meal periods during a payroll period or listing the days the employee was unable to take a meal period and the reason for such occurrence.
PCI will not retaliate or discriminate against any employee for making a complaint regarding meal periods and it prohibits retaliation and discrimination by managers, supervisors, and co- workers. No employee will be subject to, and PCI prohibits, any form of discipline or retaliation for reporting perceived violations of this policy, pursuing any such claim, or cooperating in any way in the investigation of such claims.
3. 5 Recovery Periods
PCI allows and encourages all employees who work outdoors to take a preventative cool - down rest period in the shade for a period of no less than five minutes when the employee feels the need to do so for protection from overheating. An employee' s access to shade is permitted at all times. Whenever an employee takes a preventative cool - down rest break, the employee' s supervisor will: ( 1) monitor the employee and ask if he/ she is experiencing symptoms of heat illness; ( 2) encourage the employee to remain in the shade; and ( 3) allow the an employee continue his/ her recovery period for no less than five minutes in addition to the time needed to access the shade. A supervisor will not, under any circumstances, order an employee back to work until all signs and symptoms of heat illness have abated.
Shade" means blockage of direct sunlight. Shade is sufficient when objects do not cast a shadow in the area of blocked sunlight. Shade is not adequate when heat in the area of shade defeats the purpose of shade, which is to allow the body to cool. For example, a car sitting in the sun does not provide acceptable shade to a person inside it, unless the car is running with air conditioning. Shade may be provided by any natural or artificial means that does not expose employees to unsafe or unhealthy conditions and that does not deter or discourage access or use.
If an employee exhibits signs or reports symptoms of heat illness while taking a cool -down rest break or during a preventative cool -down rest period, the employee' s supervisor will provide appropriate first aid or emergency response. Signs and symptoms of heat illness may include, but are not limited to, altered coordination and speech, mental confusion, unusual behavior, nausea, vomiting, hot dry skin, unusually profuse sweating, seizures, decreased level or loss of consciousness, staggering, disorientation, irrational behavior, or convulsions.
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C PCI encourages its employees to frequently drink water and provides employees access to fresh, pure, and suitably cool drinking water, free of charge. Supervisors locate water as close as practicable to the areas where employees are working, and ensure there is a sufficient quantity of water at the beginning of the work shift to provide one quart per employee per hour for drinking for the entire shift.
Supervisors may begin a shift with smaller quantities of water if they have effective procedures for replenishment during the shift as needed to allow employees to drink one quart or more per hour.
Employees may be required to sign a certification providing among other things that they have taken all qualifying Recovery Periods requested during a pay period or listing the days they were unable to take a Recovery Period requested and the reason for such occurrence. A non- exempt employee who is denied a Recovery Period required by law will be compensated for the time worked and will receive an additional hour of supplemental pay.
3. 6 Lactation Breaks
PCI will provide a reasonable amount of break time to accommodate a female employee' s need to express breast milk for the employee' s infant child each time the employee has need to express milk.
The break time should, if possible, be taken concurrently with other break periods already provided. Nonexempt employees should clock out for any time taken that does not run concurrently with normal rest periods. Generally, time taken to accommodate an employee' s need to express breast milk for the employee' s infant child that does not run concurrently with normal rest periods will be unpaid.
The Company will provide the use of a room or other location for the employee to express milk in private. The lactation room or location will not be a bathroom and will be in close proximity to the employee' s work area, shielded from view, free from intrusion while the employee is expressing milk, safe, clean, free of hazardous materials ( as that term is defined in Labor Code section 6382), contain a surface to place a breast pump and personal items, contain a place to sit, and have access to electricity or alternative devices, including, but not limited to, extension cords or charging stations, needed to operate an electric or battery -powered breast pump. Additionally, the Company will provide access to a sink with running water and a refrigerator suitable for storing milk in close proximity to the employee' s workspace.
If a refrigerator cannot be provided, an employer may provide another cooling device suitable for storing milk, such as an employer- provided cooler.
Where a multi- purpose room is used for lactation, among other uses, use of the room for lactation shall take precedence over the other uses, but only for the time it is in use for lactation purposes.
Given the nature of PCI' s work, there may be situations in which the room used for lactation will be a space shared among multiple companies within a building or worksite.
Generally, PCI will provide a permanent location for lactation. However, when a permanent location cannot be provided due to operational, financial, or space limitations, PCI will provide a lactation location, other than a bathroom, that is in close proximity to the employee' s work area, shielded from view, free from intrusion while the employee is expressing milk, and otherwise complies with this policy and applicable law.
Employees have the right to request a lactation accommodation. An employee requiring a lactation break should notify her immediate supervisor or the Human Resources Manager. PCI has an obligation to and will respond to any such request. Although unlikely, if PCI cannot provide break time or a location that complies with this policy, PCI will provide the requesting employee with a written response indicating such inability.
Employees have a right to file a complaint with the Labor Commissioner for any violation of any rights they have under Chapter 3. 8 ( sections 1030 through 1034 as of January 1, 2020) of Part 3 of Division 2 of the California Labor Code. PCI will not retaliate or discriminate against any employee for making a complaint regarding lactation breaks and it prohibits retaliation and discrimination by Parking Concepts, Inc. Employee Handbook
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C managers, supervisors, and co- workers. No employee will discipline or retaliation for reporting perceived violation cooperating in any way in the investigation of such claims.
3. 7 Work Schedules
be subject to, and PCI prohibits, any form of
s of this policy, pursuing any such claim, or
PCI' s standard workweek runs seven consecutive days beginning at 12: 00 a. m. ( midnight) on Monday and ending at 11: 59 p. m. on the following Sunday. A workday is the 24- hour period beginning at 12: 00 a. m. each calendar day. Work schedules for individual employees are generally established within this framework.
Work hours may vary at each PCI facility. Your department' s needs will determine your daily schedule and your supervisor or manager will discuss any schedule changes with you. Staffing needs and operational demands may necessitate variances in starting and ending times, as well as variances in the total hours that may be scheduled each day and week.
PCI reserves the right to alter the workweek, workday and work schedule of any employee upon reasonable notice to an employee. Due to the changing needs of our customers, your actual work schedule may vary from time -to -time. If this happens, you will be notified by your supervisor or manager, or the Human Resources Manager.
3. 8 Pay Periods and Pay Days
PCI pays employees twice during each calendar month, with the first pay period beginning on the 1 st of the month and ending on the 15th of the month ( the " first pay period"), and the second pay period beginning on the 16th of the month and ending on the last calendar day of the month ( the " second pay period"). PCI issues pay checks on the 7th of each calendar month for work performed during the second pay period, and on the 22nd of each calendar month for work performed during the first pay period.
When a payday falls on a weekend or holiday, pay checks are issued on the last business day immediately preceding the regular payday.
3. 9 Time -Keeping System
Accurately recording of time worked is the responsibility of every non- exempt employee. Federal and state laws require PCI to keep accurate time records in order to calculate employee wages and benefits. Time worked is all the time actually spent on the job performing assigned duties. Employees are strictly prohibited from working " off the clock" under any circumstances.
PCI uses the Paycom Time and Attendance System to accurately record hours worked by its nonexempt employees. Such employees are required to use Paycom to record regular and overtime hours worked, including clocking in at the beginning of a shift, clocking out at the end of a shift, clocking in and out for their 30 -minute ( minimum) meal periods, and clocking in and out for any other reason.
Time records for non- exempt employees must never be falsified by the employee, his/ her supervisor or any other personnel. An employee who makes a mistake when clocking in or out using the Paycom system, must immediately notify his/ her supervisor who will make the necessary correction. Both the employee and the supervisor must verify any corrections made to the employee' s time record.
At the end of each pay period, non- exempt employees are required to verify and confirm: ( 1) the accuracy of their time records, including the total number of regular hours worked, the total number of overtime hours worked, clocking in times at the beginning of each shift, clocking out times at the end of each shift, and clocking in and out times for each 30 -minute ( minimum) meal period; ( 2) that the Company provided and the employee took all required meal periods during a payroll period or listing the days the employee was unable to take a meal period and the reason for such occurrence; and ( 3) that the Company provided and the employee took all required rest breaks and recovery periods during a payroll Parking Concepts, Inc. Employee Handbook
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C period or listing the days the employee was unable to take a rest break and the reason for such occurrence.
Employees must record their own time at the start and end of each work period, including before and after meal periods. The information must be recorded accurately and contemporaneously via the Paycom system. A non- exempt employee' s failure to record time accurately may result in disciplinary action, up to and including termination of employment.
It is strictly prohibited for an employee to record the time of another employee. It is also strictly prohibited for an employee to share password information that would permit or enable another employee to access the employee' s Paycom account. Altering or falsifying time records, or recording time on another employee' s Paycom account, may result in disciplinary action, up to and including termination of employment.
The Paycom App is a software application that either comes pre- installed on Company -issued electronic devices. PCI trains each employee on how to properly use the Paycom App.
When an employee uses the Paycom App to clock in or clock out, the Paycom App contemporaneously captures the employee' s location using the smart device' s GPS functionality. PCI reserves the right to, and will, access all such geographic location information and employees have no expectation of privacy with respect to such information. PCI will not monitor, nor will it receive or have access to information regarding, employees' geographic location through the Paycom App other than on those occasions when employees use the Paycom App to clock in and clock out. The geographic location information collected by the Paycom App will reveal no details about employees other than their geographic location at the time they use the application to clock in and/ or clock out. Access to such geographic location information will be limited to PCI management, employees whose job responsibilities include human resources and payroll responsibilities, and any non- exempt employee' s supervisor( s).
Disabling the GPS functionality on a smart phone device or the Paycom App to interfere with the geolocation feature of the Paycom App may result in disciplinary action, up to and including termination of employment.
ALL EMPLOYEES ARE NOTIFIED THAT THE PAYCOM APP WILL TRANSMIT TO THE COMPANY
INFORMATION REGARDING AN EMPLOYEE' S GEOGRAPHIC LOCATION FOR EACH OCCASION ON WHICH THE EMPLOYEE CLOCKS IN OR CLOCKS OUT USING THE PAYCOM APP.
An employee who experiences a malfunction of the Paycom App, should notify his/ her supervisor immediately so that PCI can contact a Paycom representative to timely correct the malfunction. In addition, the employee should report his/ her clock - in and clock - out times directly to his/ her supervisor, who will enter the employee' s time in the Paycom system on the employee' s behalf.
3. 10 Overtime
When operating requirements or other needs cannot be met during regular working hours, nonexempt employees may be scheduled to work overtime hours. Whenever possible, advance notification of these mandatory assignments will be provided.
Overtime compensation is paid to all non- exempt employees in accordance with federal and state wage and hour laws. Employees who qualify as administrative, executive, or professional employees within the meaning of the state and federal wage and hour laws are exempt from overtime pay and are not subject to this policy. Overtime pay is calculated based on actual hours worked. Time off for vacation, paid sick leave, holidays, or any leave of absence will not be considered hours worked for purposes of overtime pay calculations.
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C All overtime worked by a non- exempt employee must be approved in advance by a supervisor or manager. Because unauthorized overtime is against Company policy, employees who work unauthorized overtime are subject to disciplinary action.
Time worked. Non- exempt employees are required to record all time worked, including time worked beyond the employee' s normal schedule, using the Paycom system. b. Off -the -Clock Work Prohibited. Non- exempt employees must accurately record their time worked and may NOT work " off the clock." Any non- exempt employee who fails to records his/ her actual time worked, and any manager or supervisor who requests or orders a non- exempt employee to work off the clock and without accurately recording his/ her time worked, will be subject to disciplinary action, up to and including termination of employment.
C. Overtime. Overtime pay premiums are calculated in accordance with applicable state and federal law. For California employees, overtime pay is calculated at one and onehalf times the employee' s regular rate for all hours over eight hours in a workday, over forty hours in a workweek, or the first eight hours on the seventh consecutive day of work in a workweek. Overtime hours worked in excess of twelve hours in a workday and all hours worked in excess of eight on the seventh consecutive day of work in a workweek are paid at double- time.
d. Qualifying Hours Worked. Overtime is calculated based on the non- exempt employee' s total hours worked in a workday and a workweek. Hours paid for time not worked, e. g., holidays, paid sick leave, and vacation, do not count as hours worked for overtime purposes..
e. Holidays Worked. Non- exempt employees who work on a Company - recognized holiday will be paid for hours actually worked on the holiday, plus regular holiday pay for the day.
Failure to work scheduled overtime or overtime worked without prior authorization from a supervisor or manager may result in disciplinary action, up to and including termination of employment.
Please contact the Human Resources Manager with any questions.
3. 11 Exempt Employees
Exempt employees are paid on a salary basis and are not entitled to overtime pay. Being paid on a " salary basis" means that the employee receives a predetermined amount of compensation for each workweek, which amount is not reduced because of variations in the quality or quantity of work. Subject to the exceptions listed below, an exempt employee will receive his/ her full salary for any workweek in which the employee performs any work, regardless of the number of days or hours worked. Exempt employees are not paid for any workweek in which they perform no work, unless appropriate sick leave or accrued vacation is utilized.
Deductions from an exempt employee' s regular salary are permissible only under the following circumstances:
When an exempt employee is absent from work for one or more full days for personal reasons, other than sickness or disability, and the employee does not have accrued vacation time to cover the absence;
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C When an exempt employee is absent from work for one or more full days due to illness and the employee has exhausted all of his/ her available paid sick leave and does not have accrued vacation time to cover the absence; or
To account for amounts received by an employee as jury or witness fees.
In addition, PCI is not required to pay an employee' s full salary in the initial or final week of employment. During those weeks, PCI will pay a pro -rated amount based upon the number of days worked during such workweeks.
PCI complies with the " salary basis" requirement for overtime exemption under federal and state law, and managers preparing paychecks are prohibited from making any improper deductions from the salaries of exempt employees. If you believe that an improper deduction has been made from your salary, you should immediately report this information to the Human Resources Manager.
3. 12 Direct Deposit
Although not required, employees may have their paychecks directly deposited into their bank accounts by providing advance written authorization the Human Resources Manager. When an employee chooses to use direct deposit, his/ her wages are deposited into the employee' s account at a financial institution of the employee' s choosing. Direct deposit is limited to one account per employee. Wages are not discounted in any amount when an employee elects direct deposit. Employees electing direct deposit receive an itemized statement of wages whenever PCI makes a direct deposit.
Employees may begin or stop using direct deposit at any time. To begin direct deposit, an employee must complete a form ( available from the employee' s supervisor) and return it to the Human Resources at least 10 business days prior to the pay period that the service is to begin. Employees should monitor their payroll deposits for the first two pay periods after direct deposit service begins to verify that timely and accurate payments have been made into the account at the financial institution chosen by the employee. Any discrepancies should be reported immediately to the Human Resources Manager.
An employee may stop direct deposit at any time by completing a form ( available from the employee' s supervisor) and returning it to the Human Resources Manager at least 10 business days prior to the pay period that direct deposit service is to end. An employee cancelling direct deposit will receive a regular payroll check on the first pay period after the Company receives the direct deposit cancellation form from the employee, provided it was received at least 10 business days prior to the end of the pay period. An employee should never close a receiving bank account until the employee verifies with the Human Resources Manager that the cancelation of direct deposit has taken effect in the Company' s payroll system.
3. 13 Pay Advances
PCI does not provide pay advances on unearned wages.
3. 14 Administrative Pay Corrections
PCI takes all reasonable steps to ensure that employees receive the correct amount of pay in each paycheck and that employees are paid promptly on the scheduled payday. In the unlikely event there is an error in the amount of pay provided, an employee should promptly bring the discrepancy to the attention of his/ her supervisor or manager and the Human Resources Manager so that a correction can be made as quickly as possible.
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3. 15 Personnel Data Changes
It is the responsibility of each employee to promptly notify PCI of any changes in personnel data.
Personal mailing addresses, telephone numbers, number and names of dependents, emergency contacts, educational accomplishments, and other such information should remain accurate and current at all times. If any personnel data has changed, please notify the Human Resources Manager.
3. 16 Payroll Deductions
PCI is required by law to make payroll deductions for federal and state income tax withholding, Social Security tax withholding, Medicare and State Disability Insurance. Amounts deducted, including those described below, are passed on to federal and state agencies, such as the Internal Revenue Service, the Franchise Tax Board, and the Employment Development Department. The applicable rates of such deductions are subject to change as mandated by federal and state agencies.
Federal and State Income Taxes ( FWT/ SWT). Deductions are withheld from each employee' s gross wages every payroll period in accordance with the federal and state Tax Schedules. The amounts withheld are based on an employee' s gross wages, marital status, and the number of allowances claimed on the employee' s W- 4 form. Employees may use a DE -4 form to designate the number of State allowances claimed; otherwise the number designated on the employee' s W- 4 form will be used to calculate State deductions. An employee may change the number of allowances on his/ her W-4 form or request a DE -4 form at any time from the Payroll Department. b. Social Security ( FICA). A percentage of your gross wages is withheld every payroll period, up to a maximum amount, and contributed to your Social Security Account. In addition to the amount withheld from your wages, PCI contributes an equal amount to your account. The Social Security Administration revises the maximum contribution periodically.
State Disability Insurance and Paid Family Leave. A percentage of your gross wages is withheld every payroll period up to a maximum amount, and remitted to the State for State Disability Insurance ( SDI) and Paid Family Leave ( PFL). SDI provides short- term benefits to eligible workers who experience loss of wages when they are unable to work due to a non -work- related illness or injury, or disability related to pregnancy, childbirth or related medical conditions. PFL provides benefits to individuals who experience loss of wages when they must take time off to care for a seriously ill child, parent, parent -in- law, grandparent, grandchild, sibling, spouse, or registered domestic partner. PFL benefits are also available to new parents who need time to bond with a new child entering their life through birth, adoption, or foster care placement.
d. Medicare Taxes. The Medicare tax rate is set by the federal government and both the employee and the employer pay a matching amount. There is no wage base for the Medicare portion of the FICA tax. Both the employer and the employee continue to pay Medicare taxes, no matter how much is earned.
e. Miscellaneous Deductions. Other deductions may be taken from your paycheck upon your written authorization for insurance contributions, dependent insurance, and union dues if applicable).
3. 17 Garnishment of Wages
Under normal circumstances, PCI will not assist creditors in the collection of personal debts from employees. However, creditors may resort to certain legal procedures, such as garnishments or wage withholding orders, which require the Company to withhold part of an employee' s earnings.
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C Earnings withholding orders, also called " garnishments," require considerable paperwork and expense for PCI. Although PCI understands that a wage garnishment can happen to anyone, the Company strongly encourages employees to work out financial problems before this situation occurs.
PCI is required by law to withhold the required amounts of earnings subject to an earnings withholding order, make a return to the levying officer, and pay the funds withheld. Earnings subject to earnings withholding orders include wages, salary, commissions, bonuses, sick pay, vacation pay, and any other compensation payable by PCI to an employee. PCI will not defer or accelerate payment of an employee' s earnings to defeat or diminish a judgment creditor' s rights.
PCI will provide an employee subject to an earnings withholding order with a copy of the order and any form instructions or notices to the employee that are served with the earnings withholding order.
PCI may deduct from employees' wages the sum of $ 1. 50 for each payment made in accordance with an earnings withholding order to offset the administrative cost of complying with the order. Repeated wage garnishments for two or more separate judgments may result in disciplinary action, up to and including termination of employment.
3. 18 Tips and Taxes
Whenever an employee receives $ 20. 00 or more in tips in any one month, the employee must report all tips to the employer. Employees are required to report ALL tips ( regardless of amount received) as taxable income on their tax returns. Federal law states that an employee who fails to report tipped income becomes liable for the taxes due, penalties and interest.
3. 19 Reimbursement of Expenses and Mileage
PCI promptly reimburses employees for reasonable business expenses following the employee' s submission of an expense report. All expense reports must include a description of the particular expense for which reimbursement is sought, copies of any receipts, the date on which the expense was incurred, and a description of the business purpose for the expense.
Employees who are required to use their personal vehicles in the course and scope of their employment ( i. e., for travel other than their normal commute) are reimbursed for actual mileage at the IRS rate.
Employees who are required to use a cellular telephone to carry out their job duties will receive a Company -provided phone. PCI does not pay for an employee' s personal cellular telephone costs and employees should not use personal cellular telephones to conduct PCI business.
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BENEFITS
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4. 1 Overview of Employee Benefits
The following provisions of the Handbook describe the fringe benefits currently offered to qualifying PCI employees. Employees who are enrolled members of a Collective Bargaining Unit are subject to policies and procedures contained in this Handbook unless an applicable Collective Bargaining Agreement provides otherwise, in which case the terms of the Collective Bargaining Agreement control.
4. 2 Vacation
PCI recognizes the value of uninterrupted periods of rest and relaxation and encourages all employees to use all accrued vacation benefits. Our vacation program is based upon your continuous service. Vacation benefits do not begin to accrue until after a regular employee has completed his/ her Introductory Period. Although regular employees begin to accrue vacation after completing their Introductory Period, employees are not eligible to take vacation until they have completed six ( 6) months of continuous service with PCI.
After completing their Introductory Period, regular full- time employees earn vacation time in accordance with the following schedule.
Years of Service Accrual Amt./ Month Total Annual Accrual Maximum Accrual 0- 3 Years . 417 days/ 3. 336 hours 5 days/ 40 hours 10 days/ 80 hours 4- 9 Years . 833 days/ 6. 667 hours 10 days/ 80 hours 20 days/ 160 hours 10 Years and over 1. 25 days/ 10 hours 15 days/ 1 20 hours 30 days/ 240 hours After completing their Introductory Period, regular part- time employees earn vacation time on a prorated basis based upon the ratio of their regularly scheduled weekly hours and 40 hours. For example, a regular employee scheduled to work 20 hours per week would accrue vacation benefits at one- half the rate of a full- time employee, and his/ her maximum accrual cap would be proportionately lower.
Temporary Employees and Interns do not earn or accrue paid vacation time. Employees who are on a leave of absence do not earn or accrue paid vacation time.
PCI encourages employees to take vacations annually. An employee who reaches his/ her maximum accrual will not accrue any additional vacation until he/ she takes time off and draws down his/ her accrual bank. For example, if an employee who has accrued a maximum of 20 days takes 4 days off, he/ she may only accrue an additional 4 days, bringing him/ her back to the maximum. At that point, no further vacation time will accrue unless and until vacation is taken. At the end of the calendar year, an employee' s accrued but unused vacation will be carried over into the following year.
Employees may not take vacation before it is earned, i. e., on credit.
Except in an emergency situation, an employee must submit a written request to use accrued vacation time at least four weeks in advance of the requested time off. Every effort will be made to grant an employee his/ her vacation preference, consistent with the efficient operation of our business. When PCI cannot grant a vacation preference because of the needs of the business, a mutually agreeable alternate date will be scheduled.
Employees are paid all accrued, but unused vacation upon termination of employment.
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4. 3 Holidays
Regular employees who have completed their Introductory Period are entitled to the following paid holidays:
New Year' s Day
Memorial Day
Fourth of July
Labor Day
Thanksgiving Day
Christmas Day
To be eligible for holiday pay, a non- exempt employee must work his/ her regularly scheduled work day before and after the holiday and work the holiday, if required. The only exception is when the holiday is at the end or the beginning of a scheduled vacation. Full- time and part-time regular employees receive their regular compensation for a paid holiday, i. e., regular full time employees receive up to eight hours of compensation at their regular rate and regular part- time employees receive compensation at their regular rate for the hours they were otherwise scheduled to work on the holiday. Holidays that fall on a Saturday will be observed the previous Friday; and holidays that fall on a Sunday will be observed the following Monday.
When a non- exempt employee is required to work on a paid holiday, the employee will receive pay for hours actually worked in addition to holiday pay.
Temporary employees, Interns, and employees on leave of absence or layoff are not eligible for holiday pay.
4. 4 Paid Sick Leave
The Company provides employees with paid sick leave in accordance with the California Healthy Families Heathy Workplaces Act of 2014, as follows:
a. Eligible Employees. PCI provides paid sick leave to all employees who have completed at least 30 days of employment.
b. Calendar Year Allotment. Paid sick leave is provided on a calendar year basis. In each calendar year, employees who have been employed for at least 30 days by January 1 st will receive twenty- four ( 24) hours of paid sick leave as of January 1 st for use during the remainder of the calendar year. Employees who have not been employed for at least 30 days by January 1 st will receive twentyfour ( 24) hours of paid sick leave after completion of 30 days of employment for use during the remainder of the calendar year. New employees may begin using available paid sick leave after completing 90 days of employment.
C. Sick Leave Benefit. An employee taking available paid sick leave will be compensated at the same wage rate as the employee normally earns during the work hours missed on the day of his/ her absence. Although paid sick leave may be taken for partial days of absence, it must be taken in increments of not less than two ( 2) hours.
d. Proper Use. Paid sick leave may be used ( a) for diagnosis, care, or treatment of an existing health condition of, or preventive care for, an employee or an employee' s " family member"; or b) by employee who is a victim of domestic violence, sexual assault or stalking. A " family member" includes a biological, adopted, or foster child, stepchild, legal ward, or a child to whom the employee stands in loco parentis, regardless of dependent status; a biological, adoptive or foster parent, Parking Concepts, Inc. Employee Handbook
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e. Improper Use. Paid sick leave may not be used to augment vacation or as a " personal day." Misuse of paid sick leave will result in disciplinary action, up to and including termination of employment.
f. Paystubs. Available paid sick leave is set forth on each employee' s paystub after the employee has completed 30 days of employment. If you disagree with the amount of available paid sick leave listed on your paystub, you should contact the Human Resources Manager for clarification. g. No Carry -Over. Paid sick leave does not accrue, cannot be carried over from one calendar year to the next, and is not paid out upon termination of employment. Unused paid sick leave automatically expires on December 31 of each calendar year. h. Notification of Absence. An employee who is unable to report to work for any reason, including illness, must call his/ her supervisor or manager at least two hours prior to his/ her scheduled start time and speak directly with his/ her supervisor or manager. If calling in two hours in advance is not possible, the employee must call in as soon as practicable, and provide his/ her supervisor with an honest reason or explanation for the absence. An eligible employee who is absent for a reason that qualifies for paid sick leave will be credited with paid sick leave benefits on his/ her timecard. i. Additional Time Off Following Exhaustion of Paid Sick Leave. When a non- exempt employee is absent from work due to illness following exhaustion of paid sick leave benefits, the work time missed is unpaid. When an exempt employee is absent for a full workday after exhaustion of paid sick leave benefits, and performs no work during the workday, PCI may deduct compensation for the workday from the exempt employee' s normal weekly salary. PCI reserves the right to request medical verification when an employee' s absences due to illness exceed the number of paid sick days provided for the year.
4. 5. Medical Insurance Coverage
a. Employee Coverage. PCI employees may participate in a variety of insurance programs.
Employees who regularly work 30 hours or more per week become eligible for medical insurance coverage on the first of the month following completion of the 60 -day Introductory Period. Employees wishing to be covered under the PCI medical plan( s) must complete enrollment forms within 31 days after eligibility. If coverage is not elected within 31 days after becoming eligible, the next opportunity to enroll is during the annual open enrollment held each December. b. Dependent Coverage. An eligible employee may also provide similar coverage for his/ her spouse and eligible dependents, at the employee' s expense, through payroll deductions. Additional information regarding family medical insurance plan(s) offered and the monthly cost to insure an employee' s spouse and eligible dependents is available from the Human Resources Manager.
C. Registered Domestic Partner Coverage. Eligible employees may enroll their registered domestic partner and the eligible dependent children of their registered domestic partner, at the employee' s expense, through payroll deductions. Additional information regarding family medical insurance plan(s) offered and the monthly cost to insure an employee' s registered domestic partner and eligible dependents is available from the Human Resources Manager. Employees are required to notify management if the registered domestic partnership no longer meets all of the qualifying criteria. d. How to Enroll. The Human Resources Department will provide an employee with an enrollment packet the month prior to his/ her eligibility. The employee must complete the appropriate forms before his/ her coverage goes into effect. Details regarding enrollment, payroll deductions, coverage and termination of coverage of employees and dependents are described in the group insurance pamphlet.
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 730DBE4B909C e. Continuation Coverage. Under the Consolidated Omnibus Budget Reconciliation Act COBRA), employees and/ or their eligible dependents who experience a qualifying event may continue to receive group medical insurance coverage, at their own expense, after the date coverage would normally end. A COBRA enrollment/ coverage notice will be mailed to the employee upon termination of employment or other qualifying event. The notice provides information on enrollment in the COBRA program. Please contact the Human Resources Manager for additional information on COBRA. f. Changes in Coverage and Eligibility. PCI reserves the right to change and/ or modify any and all benefits including cost, coverage, benefits and PCI' s contribution to the benefit plan( s). If you have questions concerning a Company -provided benefit, please contact the Human Resources Manager.
4. 6 Workers' Compensation Insurance
PCI provides workers' compensation insurance at no cost to its employees. This program covers industrial injuries or illnesses sustained in the course of employment that require medical, surgical, or hospital treatment. Subject to applicable legal requirements, workers' compensation insurance provides benefits after a short waiting period or, if the employee is hospitalized, immediately.
An employee who sustains a work- related injury or illness must inform his/ her supervisor or manager immediately. No matter how minor an on- the- job injury may appear, it is important that it be reported immediately. This will enable an eligible employee to qualify for coverage as quickly as possible.
Neither PCI nor its workers' compensation insurance carrier will be liable for the payment of workers' compensation benefits for injuries that occur during an employee' s voluntary participation in any off- duty recreational, social, or athletic activities sponsored by PCI. Participation in such activities is completely voluntary.
4. 7 Literacy Assistance
PCI attempts to reasonably accommodate and assist employees who reveal a problem with illiteracy. When an employee reveals such a problem and requests the Company' s assistance in enrolling in an adult literacy education program, the Company will attempt to assist the employee if the accommodation requested would not result in an undue hardship. The type of assistance available from the Company may include, for example, providing the employee with the locations of local literacy education programs or arranging the employee' s work schedule to allow attendance at a program. The Company does not, however, provide paid time off for participation in an adult literacy education program.
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CIVIC RESPONSIBILITY
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5. 1 Jury Duty
PCI encourages employees to fulfill their civic responsibilities by serving jury duty when required.
An employee summoned for jury duty must show the jury summons to the employee' s supervisor as soon as possible after it is received so that arrangements can be made to accommodate the employee' s absence.
Either PCI or the employee may request that the employee be excused from jury service if, in the Company' s judgment, the employee' s absence would create serious operational difficulties.
For non- exempt employees, time off for jury duty is not compensated. If desired, employees may use any available paid time off ( e. g., accrued vacation).
In accordance with state and federal law, an exempt employee will receive his/ her regular salary if the employee has worked any part of a workweek in which jury duty is served. When an exempt employee does not work at all during a workweek due to jury service, the workweek is not compensated.
PCI will continue to provide medical insurance benefits to eligible employees under the terms and conditions that existed at the outset of the jury duty absence, for the full term of the jury duty absence.
5. 2 Witness Duty
PCI encourages employees to fulfill their civic responsibilities by appearing as a witness when subpoenaed to do so.
An employee subpoenaed or otherwise required to appear as a witnesses by PCI will receive his/ her normal pay for the entire period of witness duty. When a non- exempt employee is subpoenaed or otherwise required to appear as a witness by someone other than PCI, the time off to appear is not compensated. If desired, employees may use any available paid time off (e. g., accrued vacation).
In accordance with state and federal law, when an exempt employee is subpoenaed or otherwise required to appear as a witness by someone other than PCI, the employee will receive his/ her regular salary if the employee has worked any part of the workweek in which witness duty is served.
A subpoena or other request for an employee to appear as a witness should be shown to the employee' s supervisor as soon as possible after it is received so that operating requirements can be adjusted, where necessary, to accommodate the employee' s absence.
Employees are expected to report for work whenever the court' s schedule permits and as soon as service as a witness is completed.
The Company reserves the right to request written confirmation of an employee' s service as a witness.
5. 3 Voting
PCI encourages employees to fulfill their civic responsibilities by voting in state and federal elections. Generally, employees are able to find time to vote either before or after their regular work shifts. When employees are unable to vote in an election during their nonworking hours, PCI will grant up to two ( 2) hours of paid time off to vote.
To receive time off to vote, an employee must provide reasonable advance notice ( generally at least two ( 2) working days) and obtain approval from the employee' s supervisor. Advance notice is required so that time off can be scheduled with the least disruption to PCI' s normal work schedule, and time off must be taken at either the beginning or the end of the employee' s work shift.
When an employee receives time off to vote, PCI reserves the right to request a copy of the Parking Concepts, Inc. Employee Handbook
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 730DBE4B909C employee' s voters receipt. Time off to vote is not be included as time worked for overtime calculation purposes.
5. 4 Election Officers
PCI will provide unpaid time off for an employee to serve as an election officer on Election Day.
To qualify as an election officer, an employee must be an election official who is charged with conducting a local, special, or statewide election.
To receive time off to serve as an election officer on Election Day, an employee must provide reasonable notice ( generally at least two working days), and obtain advance approval from his/ her supervisor. PCI will not retaliate against an employee for taking time off from work under this policy.
5. 5 Time Off for Volunteer Service and Training
Employees may take unpaid time off to perform emergency duty as a volunteer firefighter, peace officer, or emergency rescue worker. Employees are also eligible for unpaid leave, not to exceed 14 days per calendar year, for required training for volunteer service as a firefighter, peace officer, or emergency rescue worker. An employee must personally notify his/ her supervisor and the Human Resources Manager as soon as the employee learns of the need for leave. Documentation of an employee' s need for time off under this policy is required.
An employee requesting otherwise unpaid leave under this policy may choose to use accrued vacation, if available. PCI will not discriminate or retaliate against the employee for taking time off from work under this policy.
5. 6 Time Off for Civil Air Patrol Service
Employees who have been employed PCI for at least ninety ( 90) days may take a leave of absence of up to ten days per year to respond to emergency operational missions of the California Wing of the Civil Air Patrol. Leave is limited to three days for any one operational mission, unless an extension of time is requested by the governmental entity that authorized the emergency operational mission and the extension is approved by PCI.
An employee requesting leave under this policy must provide PCI with as much notice as possible of the intended dates upon which the leave will begin and end. PCI may require certification of the need for leave from the Civil Air Patrol Authority.
Civil Air Patrol leave is unpaid. Employees requesting leave may choose to use accrued vacation but are not required to do so.
Employees returning to work after taking Civil Air Patrol Service Leave will be reinstated to the same position the employee held prior to the leave. However employees returning from Civil Air Patrol Service Leave have no greater right to reinstatement than if the employee had been actively employed during the period of leave.
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LEAVES OF ABSENCE
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6. 1 Bereavement Leave
Employees who wish to take time off due to the death of an immediate family member should notify their supervisor or manager immediately. Up to three days of unpaid bereavement leave will be provided to regular full- time employees.
For purposes of bereavement leave, an " immediate family" is defined as the employee' s grandparent, parent, spouse, registered domestic partner, significant other, child, or sibling; and the employee' s spouse' s or registered domestic partner' s grandparent, parent, child, grandchild or sibling.
Special consideration will also be given to any other person whose association with the employee was similar to any of the above relationships.
Employees who are not regular full- time employees may also request up to three days of unpaid bereavement leave.
6. 2 Pregnancy Disability Leave
Female employees may take up to four months of unpaid leave for disabilities caused by pregnancy, childbirth or related medical conditions. Upon advice of her health care provider, an employee may also be entitled to reasonable accommodation for conditions caused by pregnancy, childbirth or related medical conditions. Such accommodation may include transfer to a less strenuous or hazardous position or to less strenuous or hazardous duties. An employee whose work is affected by pregnancy or a related medical condition should notify her supervisor and the Human Resources Manager as soon as possible. PCI cannot provide an accommodation unless it knows of the need for such accommodation. a. Procedure. An employee should notify her supervisor and the Human Resources Manager of her intent to take pregnancy disability leave as soon as possible, within the following guidelines:
i. An employee must provide at least verbal notice sufficient to notify PCI that the employee needs to take a pregnancy disability leave and/ or transfer to an alternate position or schedule due to her pregnancy. The verbal notice should include the anticipated timing and duration of the leave or transfer.
ii. If the need for the leave or transfer is foreseeable, the employee must provide at least 30 days advance notice before the pregnancy disability leave or transfer is to begin. If 30 days' advance notice is not possible, notice must be given as soon as practicable. The employee must consult with the Human Resources Manager and schedule any planned medical treatment to minimize disruption to the operations of PCI. Any such scheduling is subject to the approval of the employee' s health care provider. iii. If requested by the employee and recommended by the employee' s health care provider, the employee' s work assignment may be changed as reasonably required to protect the health and safety of the employee and her child, or other reasonable accommodations may be granted, provided the change in work assignment or other reasonable accommodation does not create an undue hardship for PCI. b. Certification. Pregnancy disability leave usually will begin when ordered by the employee' s health care provider. The employee must provide PCI with written certification from a health care provider, stating:
i. The date on which the employee became disabled due to pregnancy, child birth, or related medical condition;
ii. The probable duration of the period or periods of disability, and Parking Concepts, Inc. Employee Handbook
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In the event the employee' s leave exceeds the anticipated date of return, it is the employee' s responsibility to provide further verification from her health care provider that she is unable to perform her job duties and the revised anticipated date of return.
C. Duration. The duration of a pregnancy disability leave will be determined by the advice of the employee' s health care provider, but disabled employees may take up to four months of pregnancy disability leave. The four months of leave includes any period of leave taken for actual disability caused by the employee' s pregnancy, childbirth or related medical condition, and includes leave taken for severe morning sickness or prenatal care, as well as any intermittent leave taken by the employee. d. Intermittent Leave. Pregnancy disability leave may be taken in one continuous period of time or intermittently, as needed.
e. Medical Insurance Continuation. Employees on pregnancy disability leave may continue to participate in group health insurance coverage for up to four months of pregnancy disability leave, at the level and under the same conditions that coverage would have been provided if the employee had continued in active status for the duration of the leave. PCI will continue to pay its portion of the employee' s usual health insurance premium during an approved pregnancy disability leave, and by the 1 5} of each month, the employee must pay the employee' s regular portion of the health insurance premium, including the cost of any applicable dependent coverage. If an employee fails to pay the employee' s regular portion of the premium, coverage will lapse.
f. Use of Other Benefits. An employee may use paid sick leave ( if otherwise available) and accrued vacation time ( if otherwise available) during a pregnancy disability leave. However, employees do not earn additional paid sick leave or accrue additional vacation time while on leave. g. Fitness for Duty Certification. An employee returning from pregnancy disability leave must provide medical certification of fitness for duty before returning to work. h. Return to Work. Under most circumstances, upon submission of medical certification that an employee is able to return to work from a pregnancy disability leave, PCI will reinstate the employee to the same position held at the time the leave began. However, an employee returning from pregnancy disability leave has no greater right to reinstatement than if the employee had been continuously in active employment rather than on leave. For example, if an employee on pregnancy disability leave would have been laid off had she not gone on leave, or if the employee' s position has been eliminated and there is no equivalent or comparable position available, the employee would not be entitled to reinstatement.
6. 3 Family and Medical Leave Act / California Family Rights Act Eligible employees may take unpaid leave under the Family and Medical Leave Act and the California Family Rights Act (" FMLA/ CFRA") for specified family and medical reasons. a. Employee Eligibility. To be eligible for FMLA/ CFRA leave, an employee must meet each of the following conditions:
The employee must have worked for the Company for at least 12 months; and The employee must have worked at least 1, 250 hours during thel2 months immediately preceding the request for leave.
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C b. Reasons for Leave. FMLA/ CFRA leave may be taken for the following reasons:
Birth of a child of the employee or the employee' s registered domestic partner, or to care for a newborn child;
Placement of a child with the employee and/ or the employee' s registered domestic partner for adoption or foster care;
To care for an immediate family member ( employee' s spouse, domestic partner, child, or parent) with a serious health condition;
To care for a spouse, child, parent or next of kin who is a member of the United States Armed Forces and incurs a serious injury or illness in the line of duty while on active military duty;
Because of a " qualifying exigency" arising out the fact that a spouse, child or parent of the employee, who is a military member in the National Guard or Reserves, is on active duty or has been called to active duty in the United States Armed Forces in support of a contingency operation; or
Because of the employee' s serious health condition which makes the employee unable to perform the functions of his or her job.
A " qualifying exigency" arising out the fact that a spouse, child or parent of the employee is on active duty or has been called to active duty in the United States Armed Forces in support of a contingency operation, includes: ( a) short - notice deployments; ( b) military events and related activities; ( c) childcare and school activities; ( d) financial and legal arrangements; ( e) counseling; ( f) rest and recuperation; ( g) post -deployment activities; and ( h) additional activities not encompassed in the foregoing categories but agreed to between the Company and the employee.
A " serious health condition" is an illness, injury ( including on- the- job injuries), impairment, or physical or mental condition of the employee or a child, parent or spouse of the employee that involves either in- patient care ( i. e., an overnight stay) in a hospital, hospice, or residential health care facility, or continuing treatment or supervision by a health care provider. Please contact the Human Resources Manager for clarification regarding any specific situation.
When an employee who sustains an industrial injury and is eligible for FMLA/ CFRA leave, the first 12 weeks of workers' compensation leave will run concurrently with the employee' s FMLA/ CFRA leave entitlement.
C. Duration of Leave. For most triggering events listed above, eligible employees may receive up to 12 workweeks of unpaid leave during any " rolling" 12 -month period, measured backward from the date the requested leave would commence. When leave is taken to care for a member of the United States Armed Forces who incurs a serious injury or illness in the line of duty ( see above), an eligible employee may receive up to 26 workweeks of unpaid leave during any " rolling" 12 - month period measured backward from the date the requested leave would commence. FMLA/ CFRA leave for the birth of a child or placement of a child for adoption or foster care must be concluded within 12 months of the birth or placement.
FMLA leave runs concurrently with Pregnancy Disability Leave ( described above), but CFRA leave does not. Therefore, an employee who takes Pregnancy Disability Leave for a pregnancy - related disability may still take up to 12 weeks of CFRA leave after the birth of her child. We encourage employees to contact the Human Resources Manager regarding FMLA/ CFRA leave related to pregnancy or childbirth, as special rules apply.
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 730DBE4B909C Employees may take FMLA/ CFRA leave intermittently, or by reducing their normal weekly or daily work schedules, when medically necessary due to their own, an immediate family member' s, or service member' s serious health condition. When FMLA/ CFRA leave is taken for the serious health condition of a parent, child, or spouse or for the serious health condition of the employee, the smallest increment of time that may be used is one hour. Employees who require intermittent leave or a reduced - schedule leave must attempt to schedule their leaves of absence at times that will not disrupt PCI' s operations. In addition, PCI may temporarily transfer an employee on intermittent leave to an available alternative position that better accommodates the leave and has equivalent pay and benefits.
Intermittent leave for the birth of a child, to care for a newborn child, or for placement of a child through adoption or foster care is generally available, but may be subject to additional restrictions. d. Use of Vacation during FMLA/ CFRA Leave. FMLA/ CFRA leave is unpaid and employees do not accrue seniority or benefits, including paid sick leave, vacation and holiday pay, during any period of FMLA/ CFRA leave.
An employee may elect to use, or PCI may require that the employee use, accrued vacation when the leave is taken due to the birth or placement of a child, to care for a family member with a serious health condition, to care for an injured service member, or because of a qualifying exigency arising from a service member' s call to active duty. An employee may elect to use, or PCI may require that an employee use, available paid sick leave and accrued vacation when a leave is taken due to the employee' s own serious health condition.
e. Maintenance of Medical Insurance Benefits. Employees on FMLA/ CFRA leave may continue to participate in group health insurance coverage for up to 12 weeks at the level and under the same terms and conditions that coverage would have been provided if the employee had continued in active status for the duration of the leave. PCI will continue to pay its portion of the employee' s usual health insurance premium during an approved FMLA/ CFRA leave, and the employee must pay the employee' s regular portion of the health insurance premium, including the cost of any applicable dependent coverage.
If available paid sick leave or accrued vacation is substituted for unpaid FMLA/ CFRA leave, the employee' s portion of the applicable premium will be deducted as a regular payroll deduction.
Otherwise, the employee must make arrangements to pay his/ her share of the applicable premium while on FMLA/ CFRA leave. Medical insurance coverage will lapse if an employee' s premium payment is more than 30 days delinquent.
If an employee does not return from a FMLA/ CFRA leave, PCI reserves the right to recover premiums it paid to maintain medical insurance coverage or other benefits. f. Job Restoration. Upon returning from FMLA/ CFRA leave, an employee will normally be restored to his or her original job or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions. However, such employee has no greater right to job retention or restoration than if the employee had been actively working.
The FMLA contains specific guidelines for reinstatement of " key employees." " Key employees" are employees who are among the highest paid 10 percent of employees at the worksite or within a 75 -mile radius. Such employees may be denied reinstatement under certain circumstances, i. e., when their reinstatement would cause substantial and grievous economic injury to the operations of PCI. provide:
g. Notice and Medical Certification. An employee requesting FMLA/ CFRA leave must 30 days' advance notice of the need to take FMLA/ CFRA leave, if the need is foreseeable, or notice as soon as practicable if the need is unforeseeable.
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C Medical certification supporting the need for leave due to a serious health condition affecting the employee, a service member, or an immediate family member. The certification must be returned before the leave begins, or if that is not possible, within 15 days after the PCI' s request that the employee provide medical certification. Failure to provide required medical certification may delay the commencement of leave or result in PCI withdrawing any designation of FMLA/ CFRA leave, in which case the employee would be considered away without leave and subject to disciplinary action. Additional medical opinions and periodic recertification may also be required.
Periodic reports, as deemed appropriate during the leave, regarding the employee' s status and intent to return to work.
Medical certification of fitness for duty before returning to work, if the leave was taken due to the employee' s own serious health condition.
Failure to comply with the foregoing requirements may result in delay or denial of leave. Request for FMLA/ CFRA forms, medical certification forms, and return to work medical certification forms are available from an employee' s supervisor or the Human Resources Manager. An employee who fails to submit a required return to work medical certification form will not be permitted to resume work until it is provided.
h. Failure to Return after FMLA/ CFRA Leave. An employee who fails to return to work as scheduled after FMLA/ CFRA leave or exceeds the 12 - week FMLA/ CFRA entitlement ( 26 - weeks when taken to care for an injured service member) may be subject to termination of employment, unless the employee qualifies for other available leave.
i. Limited Nature of This Policy. This policy is intended to provide only those leave benefits and protections required by the FMLA/ CFRA. Additional information about entitlement to FMLA leave is contained in " Fact Sheet # 28: The Family and Medical Leave Act of 1993," and " Fact Sheet # 28A: The Family and Medical Leave Act Military Family Leave Entitlements," which are attached appendices to this Handbook.
6. 4 Discretionary Personal Leave
Employees who do not qualify for Pregnancy Disability Leave, Family and Medical Leave and/ or California Family Right Act, or other statutory leave, may apply for up to four weeks of unpaid discretionary leave. Requests for such leave will be approved or denied at the discretion of PCI management.
To apply for discretionary leave, an employee must ( a) provide at least 30 days advance notice to the Human Resources Manager or, when unforeseen circumstances make 30 days advance notice impossible, as much advance notice as possible; and ( b) if the leave is requested for medical reasons, submit a statement from his/ her physician stating that the employee is unable to perform his/ her job duties and the anticipated date of the employee' s return. If a request for discretionary leave is approved by PCI, the employee will receive written notification of the approval and the date upon which the employee is expected to return to work (the " Return Date").
Generally, PCI does not grant discretionary leave in intervals greater than four weeks. When an employee will be unable to return to work on or before the Return Date, the employee must timely notify the Human Resources Manager, and if the leave was requested for medical reasons, provide further verification from his/ her physician. Extensions of the Return Date will be granted or denied by PCI management, in its discretion. An employee who does not return to work by the Return Date, or an approved extension of the Return Date, will be deemed to have abandoned his/ her position and voluntarily resigned his/ her employment.
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 730DBE4B909C An employee may continue his/ her medical insurance coverage during a discretionary leave, at his/ her expense, in accordance with the applicable plan documents and COBRA.
If a holiday falls within the period an employee is on discretionary leave, the employee will not receive holiday pay.
An employee granted a discretionary leave of absence may not accept other work during the leave without prior written approval of the Human Resources Manager.
An employee who returns to work on or before the Return Date, or an approved extension of the Return Date, may return to his/ her regular job, if it is available. If it is not available, PCI will generally attempt to place the employee in a similar job for which he/ she is deemed by management to be qualified, if such a job is available. If no such job is available as of the Return Date, PCI will generally give the employee consideration for any position for which he/ she applies and is deemed by management to be qualified during the 60 -day period following the Return Date. If the employee does not return to work in an available position by the end of the 60 day period, his/ her employment will be terminated.
6. 5 Alcohol and Drug Rehabilitation Leave
PCI provides reasonable accommodation to employees who recognize they have a problem with alcohol or drug dependency. Employees who enroll voluntarily in a drug or alcohol rehabilitation program will be given unpaid time off to participate in the program, unless the time off would result in an undue hardship to PCI.
When an employee requests time off to participate in a rehabilitation program, PCI makes reasonable efforts to keep the fact that the employee enrolled in the program confidential.
An employee may use accrued paid sick leave and accrued vacation benefits while on rehabilitation leave.
A request for rehabilitation leave under this policy must occur before the employee' s dependency has resulted in disciplinary action. When disciplinary action, including but not limited to termination from employment, has been implemented by PCI in response to an employee' s violation of the Company' s policy against use or possession of drugs or alcohol at work, an employee' s request for rehabilitation leave will not be a defense to such disciplinary action.
6. 6 Job -Related Illness or Injury
Employees are entitled to a leave of absence for the duration of any disability due to an occupational illness or injury. To qualify for on occupational disability leave, an employee must be examined by a health care provider and certified to be disabled from returning to employment. During such leave, an employee receives workers' compensation insurance benefits in accordance with California law.
Following an occupational disability leave, an employee will be reinstated to his/ her former position when a health care provider certifies that the employee can safely perform the essential functions of the job, with or without reasonable accommodation. The exceptions to this rule are as follows:
When an employee directly or indirectly indicates to the Company that he/ she does not intend to return to the Company' s employ;
When the employee' s former position no longer exists;
When the Company had to replace the employee due to business necessity; and When the employee cannot return to his/ her former job without posing a direct threat to his/ her own health or safety or to the health and safety of another employee or customer.
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 730DBE4B909C PCI will engage in a good faith, interactive dialogue with employees on industrial disability leave who are cleared to return to some, but not all, of the employee' s normal job duties. PCI will provide reasonable accommodation to allow such employees to return to work, unless the accommodation would result in undue hardship.
During a leave of absence for occupational disability, an employee may, at his/ her option, integrate unused paid sick leave and accrued vacation time with his/ her disability benefits through workers' compensation.
During a leave of absence for occupational disability, employees will not continue to accrue vacation. Group medical insurance benefits will continue uninterrupted during the leave of absence under the same terms and conditions as before the leave of absence began, for up to 12 weeks. After 12 weeks, an employee may continue his/ her group medical insurance coverage while on leave at the employee' s expense under COBRA.
6. 7 Leave for Victims of Felony Crimes
An employee who is the victim of one of several specified felonies, or who is an immediate family member of a victim ( spouse, child, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother, father or stepfather), a registered domestic partner of a victim, or the child of a registered domestic partner of a victim, may receive unpaid time off from work to attend judicial proceedings related to the crime, including but not limited to, proceedings involving post - arrest release decisions, pleas, sentencing, post -conviction release decisions, or any other proceeding in which the rights of the victim are at issue.
Generally, an employee must provide his/ her supervisor and the Human Resources Manager with a copy of the notice of the proceeding in advance of taking time off to attend. If advance notice is not possible, the employee must provide his/ her supervisor and the Human Resources Manager with appropriate verification of the employee' s attendance at the judicial proceeding upon returning to work.
An employee requesting otherwise unpaid leave under this policy may choose to use accrued vacation and/ or paid sick leave, if available. PCI will not discriminate or retaliate against the employee for taking time off from work under this policy.
6. 8 Leave and/ or Reasonable Accommodation for Victims of Domestic Violence, Sexual Assault and Stalking
An employees who is the victim of domestic violence, sexual assault or stalking, may receive unpaid leave to obtain or attempt to obtain relief, including but not limited to a restraining order or other injunctive relief to help ensure the safety of the employee or his/ her child. Generally, an employee must provide PCI with advance notice of the need for such leave. If advance notice is not possible, the employee must provide PCI with the following verification upon returning to work: ( 1) a police report showing that the employee was a victim of domestic violence, sexual assault or stalking; ( 2) a court order protecting the employee from the perpetrator or other evidence from the court or prosecuting attorney that the employee appeared in court; or ( 3) documentation from a licensed medical professional, domestic violence counselor, sexual assault counselor, health care provider, or other counselor showing that the employee was undergoing treatment for injuries or abuse resulting from an act of domestic violence, sexual assault or stalking. To the extent it is consistent with PCI' s obligation to provide a safe work environment, PCI will maintain the confidentiality of an employee requesting leave under this policy.
An employee requesting otherwise unpaid leave under this policy may choose to use accrued vacation and/ or paid sick leave, if available.
PCI will provide reasonable accommodation to an employee who is the victim of domestic violence, sexual assault, or stalking and who requests an accommodation for his/ her safety while at work. Any such request should be directed to the Human Resources Manager. Upon receipt, PCI will engage in a good faith, interactive dialogue with the employee to determine whether a reasonable accommodation is available for the safety of the employee while at work, given the exigent circumstances and danger Parking Concepts, Inc. Employee Handbook
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C facing the employee. PCI may request certification from the employee as provided above. PCI will consider and provide a reasonable accommodation to protect the employee' s safety while at work, unless the accommodation would result in undue hardship to PCI' s business operations.
PCI will not discriminate or retaliate against an employee because of his/ her status as a victim of domestic violence, sexual assault or stalking, or for requesting leave and/ or reasonable accommodation for his/ her safety while at work under this policy.
6. 9 Family School Partnership Leave
Parents, guardians, stepparents, foster parents, grandparents, and other persons standing in loco parentis to a child attending preschool, kindergarten or grades 1 through 12, may take up to 40 hours of unpaid leave each year for the following activities:
To find, enroll, or reenroll his/ her child in a school or with a licensed child care provider; To participate in activities of the school or licensed child care provider of his/ her child; or To address a school or child care provider emergency, e. g., when the school or licensed child care provider requests that the child not attend or be picked up for reasons other than planned holidays, such as behavioral or disciplinary problems, unexpected facility closures, or natural disasters.
To request family school partnership leave, an employee must personally notify his/ her supervisor and the Human Resources Manager as soon as the employee learns of the need for leave. When leave is necessary to find, enroll, or reenroll a child in school or with a licensed child care provider, or to participate in activities of the school or licensed child care provider, the employee must provide reasonable advance notice and the leave may not exceed eight hours in any calendar month.
An employee taking family school partnership leave is required to use accrued vacation time. If no accrued vacation time is available, leave taken by a non- exempt employee is unpaid.
PCI may require verification from the school or licensed child care provider that the employee was engaged in qualifying child -related activities as discussed above.
6. 10 School Suspension Leave
An employee may take time off to attend a meeting with administrators at his/ her child' s school regarding a possible suspension. The employee should alert his/ her supervisor and the Human Resources Manager as soon as possible so that arrangements may be made to avoid disruption of work. For nonexempt employees, the time off is unpaid.
An employee requesting otherwise unpaid leave under this policy may choose to use accrued vacation, if available. PCI will not discriminate or retaliate against the employee for taking time off from work under this policy.
6. 11 Military Service Leave
PCI provides a leave of absence to employees who are absent from work because of military service in accordance with the Uniformed Services Employment and Reemployment Rights Act ( USERRA) and applicable state laws. Employees participating in a variety of military duties are eligible for benefits under this policy. Such benefits include leaves of absence taken by members of the uniformed services, including Reservists and National Guard members, for training, periods of active military service, funeral honors duty, and examination to determine fitness to perform such service. Subject to certain exceptions, benefits are generally limited to five years of leave of absence.
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 730DBE4B909C a. Procedures. An employee requesting military leave should provide PCI with notice of the need for such leave as far in advance as is reasonable under the circumstances, unless military necessity prevents it. To request a temporary or extended military leave, an employee should generally obtain a Request for Leave of Absence form from the Human Resources Manager, although written notice is not required. When an employee intends to return to work following a military leave, he/ she must submit an application for reinstatement to the Human Resources Manager within the application period set forth below. Upon an employee' s application for reemployment following a military leave, the Human Resources Manager will request that the employee provide military discharge documentation to establish the timeliness of the application for reemployment, the duration of the military service, and an honorable discharge from the military service.
benefits:
Benefits. An employee on temporary or extended military leave receives the following Military leave is unpaid. However, employees on military leave may, at their option, use any accrued vacation or personal leave during their absence.
An employee on military leave may elect to continue group health insurance coverage for the employee and his or her covered dependents, under the same terms and conditions as before the leave, for a period not to exceed 31 days from the date that military leave began. The employee must pay the portion of the insurance premium normally paid by the employee. After the initial 31 day period, the employee and his or her covered dependents must continue group health insurance for up to 24 months by paying the monthly premium under COBRA.
iii. Group life insurance, AD& D insurance, and long term disability insurance ( if any) will terminate the day the employee begins active military duty. iv. Employees do not accrue vacation, personal leave or paid sick leave while on military leave.
C. Reemployment following Military Leave. Upon an employee' s prompt application for reemployment ( as defined below) following a period of military leave, the employee will be reinstated to employment as follows:
Less Than 91 Days of Military Service. An employee returning from a military leave of less than 91 days will be reinstated to a position the employee would have attained if employment had not been interrupted by military service. If the employee is found not qualified for such position after reasonable efforts PCI, the employee will be reemployed in the position in which the employee had been employed prior to military service. ii. More Than 90 Days and Less than 5 Years of Military Service. An employee returning from a military leave of more than 90 days but less than 5 years will be reinstated to a position the employee would have attained if employment had not been interrupted by military service, or a position of like seniority, status and pay, the duties of which the employee is qualified to perform. If the employee if found not qualified for such position after reasonable efforts by PCI, the employee will be reemployed in the position in which the employee had been employed prior to military service, or a position of like seniority, status and pay, the duties of which the employee is qualified to perform. iii. Employees with Service - Connected Disabilities. If after reasonable accommodation efforts by the Company, an employee with a service -connected disability in not qualified for employment in the position he or she would have attained or in the position that he or she left, the employee will be reemployed in ( i) any other position of similar seniority, status and pay for which the employee is qualified or could become qualified with reasonable Parking Concepts, Inc. Employee Handbook
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C efforts by PCI, or ( ii) if no such position exists, in the nearest approximation consistent with the circumstances of the employee' s situation.
d. Application for Reemployment. An employee retuning from military leave must submit an application for reemployment in compliance with the following schedule:
i. Service of Less Than 31 Days. If the period of military service was less than 31 days, the employee must report for reemployment at the beginning of the first full regularly scheduled working period on the first calendar day following completion of service and the expiration of eight hours after a time for safe transportation back to the employee' s residence.
ii. Service of at Least 31 Days but Less Than 181 Days. If the period of military service was at least 31 days but less than 181 days, the employee must submit an application for reemployment to the Human Resources Manager no later than 14 days following the completion of service.
iii. Service of More Than 180 Days. If the period of military service was more than 180 days, the employee must submit an application for reemployment to the Human Resources Manager no later than 90 days following the completion of service. iv. Employee Hospitalized or Convalescing From a Service -Connected Injury. An employee who is hospitalized or convalescing from a service -connected injury must submit an application for reemployment to the Human Resources Manager no later than two years following completion of service.
e. Seniority Following Military Service. Employees reemployed following military leave will receive seniority and other benefits determined by the seniority that the employee had at the beginning of the military leave, plus any additional seniority and benefits the employee would have attained, with reasonable certainty, had the employee remained continuously employed. An employee' s time spent on active military duty will be counted toward his or her eligibility for FMLA/ CFRA leave once the employee returns to PCI. Notwithstanding PCI' s policy of at -will employment, an employee returning from military leave will not be discharged except for cause for a period of one year following reemployment.
Upon receipt of a timely request for reemployment, PCI will reinstate an employee as provided in section 3, above, unless reinstatement would impose an undue hardship for PCI, the employee' s employment prior to military service was merely for a brief period with no reasonable expectation that the employment would continue, or the employee did not receive an honorable discharge from the military service.
6. 12 Military Spouse Leave
PCI provides up to 10 days of job -protected, unpaid leave to employees who are spouses or registered domestic partners of military personnel who are home on leave from a period of military deployment.
a. Eligibility. An eligible employee must work an average of at least 20 hours per week and have a spouse or registered domestic partner who is a member of the armed forces of the United States, National Guard or Reserves who has been deployed during a period of military conflict. b. Procedure. To request leave under this policy, an employee must:
Provide notice to the employee' s supervisor and the Human Resources Manager within two business days of receiving official notice that the employee' s spouse or registered domestic partner will be on leave from deployment; and
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 730DBE4B909C ii. Submit appropriate written documentation to the Human Resources Manager certifying that the employee' s spouse or registered domestic partner will be on leave from deployment during the time the leave is requested.
Employees requesting leave under this policy may choose to use accrued paid time off ( e. g., vacation) concurrently with some or all of the leave provided under this policy. To receive paid leave, eligible employees must comply with the Company' s normal procedures for the applicable leave.
6. 13 Bone Marrow Donation Leave
Employees who have been employed for at least 90 days may request a leave of absence of up to five business days in any one- year period to undergo a medical procedure to donate bone marrow.
Such employees must provide certification from a physician regarding the purpose and duration of any leave requested.
During a leave taken for bone marrow donation, employees must use up to five days of available paid sick leave and accrued vacation time, but the use of available paid sick leave and accrued vacation time off does not extend the duration of the leave. If paid sick leave and/ or accrued vacation time are not available or insufficient, the additional time off will be paid by the Company, but the paid time off shall not exceed five days.
Employees receive group health benefits for the duration of a leave taken for bone marrow donation under the same terms and conditions as before the leave. Leave taken under this policy is not considered a break in an employee' s continuous service for the purpose of salary adjustments, paid sick leave, vacation, or seniority. Leave taken under this policy does not run concurrently with FMLA/ CFRA leave. Upon returning from such leave, employees will be reinstated to the same or an equivalent position.
6. 14 Organ Donation Leave
Employee who have been employed for at least 90 days may request a leave of absence of up to 60 days in any one- year period to undergo a medical procedure to donate an organ. Such employees must provide certification from a physician regarding the purpose and duration of any leave requested.
During a leave taken for organ donation, employees must use up to two weeks of available paid sick leave and accrued vacation time, but the use of available paid sick leave and accrued vacation time does not extend the duration of the leave. If paid sick leave and/ or accrued vacation time are not available or insufficient, the additional time off for such procedure shall be paid by the Company, but the paid time off shall not exceed 30 days.
Employees receive group health benefits for the duration of a leave taken for organ donation under the same terms and conditions as before the leave. Leave taken under this policy is not considered a break in an employee' s continuous service for the purpose of salary adjustments, paid sick leave, vacation, or seniority. Leave taken under this policy does not run concurrently with FMLA/ CFRA leave. Upon returning from such leave, employees will be reinstated to the same or an equivalent position.
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C Section 7
HEALTH AND SAFETY
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7. 1 Safety
PCI promotes and requires safe work practices and safety on the job. The health and well- being of our employees and customers is foremost among our concerns. For this reason, all employees are required to follow common sense safety practices and correct or report any unsafe conditions to a supervisor or manager and the Human Resources Manager. Each employee receives training regarding PCI' s injury prevention program. Each employee is expected to assist in maintaining safe working conditions. Safety is a state of mind and requires constant vigilance and common sense. Safety is everyone' s responsibility.
All accidents, including those which do not involve serious injury and those involving customers, must be reported immediately to an employee' s supervisor or manager, and to the Human Resources Manager.
There are no exceptions.
7. 2 Work Environment
Each PCI employee has the responsibility to contribute to a safe, cooperative and pleasant work environment. The following rules and guidelines provide a basis for that responsibility.
PCI strives to provide a safe work environment and to take practical steps to prevent injuries to employees in accordance with PCI' s Injury and Illness Prevention Program ( IIPP) and all other safety policies.
Every supervisor is required to seek out, record and correct all unsafe conditions and/ or actions by employees. In addition, each employee is required to report any unsafe working conditions and/ or procedures to a supervisor or manager. Each employee and his/ her supervisor or manager is required to correct any unsafe working condition expeditiously and as soon as possible. Improper and unsafe working performance and/ or allowing unsafe work conditions to persist is grounds for disciplinary action, up to and including termination of employment.
Be alert to and aware of hazards at PCI worksites that could lead to injury to you, your fellow employees, PCI' s customers, or other members of the public.
7. 3. Safety Rules
The following Safety Rules are applicable to all PCI employees:
a. Report all injuries and accidents immediately to your supervisor or manager, and to the Human Resources Manager. This applies to injuries and accidents on PCI property or while on PCI business at another assigned location. Supervisors and managers must provide a timely, written report to the Human Resources Manager, including date, time, location, a description of the accident, and possible cause of accident. b. Running, jumping, shoving, hitting, fighting, speeding or careless driving of a motor vehicle, or any other activity that potentially could have an adverse effect on the well- being of employees or members of the public, is prohibited.
C. Do not use or operate any machines, vehicles or equipment on which you have not been properly trained.
d. Employees should not handle or tamper with electrical equipment, machinery or tools that are not within the scope of their job duties.
e. Employees should never disable or attempt to disable the safety guards or devices on any equipment, machinery, tool or vehicle.
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C Correct lifting techniques, using the legs not the back, should be applied at all times. Do not attempt to lift any object that may strain your muscles or that is awkward to lift. Ask for assistance whenever needed.
g. Each employee is required to maintain cleanliness and good housekeeping in his/ her work area and in public areas such as aisles, hallways and restrooms. Do not create or contribute to unsafe or unsanitary conditions. General cleaning is done regularly, i. e., vacuuming, cleaning of the work area, emptying wastebaskets, etc. However, employees are responsible for picking up and cleaning after themselves. Please be mindful of this fact and considerate of your coworkers.
7. 4 Lockers
Lockers and combination locks are provided at certain locations for the convenience and use of the employees. Although lockers are made available for the convenience of employees while at work, employees should remember that all lockers and locks remain the sole property of PCI and employees have no expectation of privacy in the contents of their locker. Employees should not place any other lock on a locker. Lockers or combination locks should not be shared with other employees.
PCI reserves the right to open and inspect lockers, as well as any contents, effects or articles that are in lockers. Such inspections may occur at any time, with or without advance notice or consent. Further, such inspections may be conducted during, before or after working hours by any supervisor, manager, or security staff designated by the Company. Employees who, when asked, fail to cooperate in any inspection will be subject to disciplinary action, up to and including termination of employment.
Prohibited materials, including weapons, explosives, alcohol, and non - prescribed drugs or medications, may not be placed in a locker. Perishable items should not be stored in lockers or left for prolonged periods. Valuable items such as jewelry, money, etc. also should not be stored in the lockers. PCI is not responsible for any articles that are brought to the workplace and/ or placed in a locker that are lost, damaged, stolen or destroyed. Please do not bring valuable items to work.
7. 5 Security Inspections
To protect PCI and its employees from theft and to enforce Company policies prohibiting other misconduct, including the possession or use of drugs, alcohol, weapons, and stolen property, the Company reserves the right to search employees and their personal property ( e. g., vehicles, clothing, packages, purses, brief cases, lunch boxes, or other containers brought onto PCI property or PCI administered facilities) at any time. Employees are expected to cooperate in the conduct of such searches.
PCI provides vehicles, desks, file cabinets, lockers, and other equipment and property for employees to use while on the job ( the " Company - Provided Property"). Searches of Company - Provided Property in the possession or use of an employee may be conducted at any time, whether or not there is reason to believe Company policy has been violated. Employees have no expectation of privacy in the contents of Company - Provided Property and may not refuse to allow the Company to search Company - Provided Property.
7. 6 Workers' Compensation
Under California law, PCI provides employees with workers' compensation insurance. An employee who is injured on the job, is entitled to certain benefits. It is each employee' s duty to promptly notify his/ her supervisor or manager of any such injury. A supervisor or manager who is informed of an injury on the job will assist the injured employee in securing treatment and will provide the injured employee with the forms necessary to apply for workers' compensation benefits.
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C PCI is concerned with worker and public safety and it is important that each employee work to avoid accidents during his/ her employment with the Company. To insure each employee' s physical wellbeing and the correct processing of claims, it is extremely important that each employee notify his/ her supervisor or manager immediately when an injury occurs during or as a result of employment, no matter how slight.
PCI and its insurance carrier are not liable for the payment of workers' compensation benefits for any injury that arises out of an employee' s voluntary participation in any off- duty, recreational, social or athletic activity which is not part of the employee' s work- related duties. An employee' s participation in such activities is completely voluntary and not part his his/ her job duties.
Workers' compensation fraud is illegal. Anyone who makes or causes to be made any knowingly false or fraudulent material statements for the purpose of obtaining or denying workers' compensation benefits is guilty of a felony.
If you have any questions regarding workers' compensation benefits, please contact the Human Resources Manager.
7. 7 Drug and Alcohol Use
PCI strives to maintain a workplace free of illegal drugs and alcohol and to discourage drug and alcohol abuse by its employees. Misuse of alcohol or drugs can impair the ability of employees to perform their duties, as well as adversely affect customers' and the public' s confidence in the Company. a. Alcohol. Employees are prohibited from using or being under the influence of alcohol while conducting business for PCI, operating a motor vehicle for any job- related purpose, or while on the premises of any PCI worksite. The only exception to this policy is when PCI hosts a Company -sponsored event where alcohol is served, in which case employees are expected and required to observe proper limits and avoid excessive consumption of alcohol.
b. Illegal Drugs. PCI employees are prohibited from using or being under the influence of illegal drugs at any time. In addition, employees are prohibited from using, manufacturing, distributing, purchasing, transferring or possessing illegal drugs. This policy does not prohibit the proper use of prescribed medication under the direction of a physician; however, misuse of such medication is prohibited.
C. Prescription Drugs. The proper use of medication prescribed by the employee' s physician is not prohibited; however, misuse of prescribed medication is strictly prohibited. Employees who are required to submit to drug testing ( see below) may disclose such prescriptions on the disclosure form at the drug testing facility. Each employee is responsible to determine from his/ her physician whether a prescribed medication may impair job performance. Any employee who is prescribed a medication that may create a risk to the safety of the employee or others must disclose such risk to the Human Resources Manager.
d. Marijuana. Although medical and recreational use of marijuana is now permitted by some states, including California, marijuana possession, cultivation or use remains a federal crime, subjecting a defendant to fines, incarceration or both under federal law. Therefore, marijuana is an illegal drug under this policy, and employees are prohibited from possessing marijuana in the workplace, coming to work under the influence of marijuana, or coming to work with marijuana in their systems. Employees who are in possession of or under the influence of marijuana, or who test positive for marijuana use, are subject to disciplinary action, up to and including termination from employment. e. Disciplinary Action. Employees who violate this policy are subject to disciplinary action, up to and including termination of employment, even for a first offense. Violations include refusal to consent to and comply with testing and search procedures as described below.
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C f. Searches. PCI may conduct searches for illegal drugs or alcohol at Company facilities or worksites without prior notice to employees. PCI reserves the right to search desks, lockers, file cabinets, and other property provided by PCI at any time, and employees have no expectation of privacy with respect to such areas, even if they are locked. Employees are expected to cooperate fully when PCI conducts a search. Failure to cooperate will result in disciplinary action, up to and including termination of employment.
Searches of employees and their personal property may be conducted when there is reasonable suspicion to believe that the employee has violated this policy or when circumstances or workplace conditions justify such a search. Personal property may include, but is not limited to, purses, boxes, briefcases, and automobiles parked on PCI property. An employee' s consent to a search is required as a condition of employment and an employee' s refusal to consent may result in disciplinary action, up to and including termination of employment.
g. Drug and Alcohol Testing — All Employees. PCI may require a blood test, urinalysis, hair test or other drug or alcohol screening of employees suspected of using or being under the influence of illegal drugs or alcohol, or when other circumstances or workplace conditions justify such testing, or when such testing is required by law. An employee' s refusal to consent to testing may result in disciplinary action, up to and including termination of employment.
PCI will require testing for illegal drugs and/ or alcohol when:
A reasonable suspicion exists that any employee has alcohol, illegal drugs, or intoxicants within his or her system. A reasonable suspicion may arise from, among other things, odor on the breath, slurred speech, imbalance when walking, or other indicia of drug or alcohol use;
An accident occurs under circumstances which give rise to a reasonable suspicion that that illegal drugs and/ or alcohol were a contributing cause; or When required by state or federal law.
In instances where a drug and alcohol test is needed, the employee in question will not be allowed to drive himself or herself to or from the testing facility. A Company representative will be designated for this purpose.
PCI may also test for alcohol and/ or illegal drugs as part of a post -offer, pre- employment drug and alcohol screen of applicants for employment.
h. Drug and Alcohol Testing — Employees Holding Safety Sensitive Positions. In addition to the drug and alcohol testing procedures discussed in Section 7.7(c), above, federal regulations Department of Transportation 49 CFR Part 40 and Federal Transit Administration CFR Part 655) require PCI and its Transportation Concepts division conduct drug and alcohol testing of vehicle operators, maintenance workers, and dispatchers who are identified as safety sensitive employees. In accordance with these regulations, such employees holding safety sensitive positions are required to submit to a drug and/ or alcohol testing in accordance with federal law, including:
Pre- employment testing;
Post accident testing;
Random testing; and
Reasonable Suspicion based testing.
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7. 8 Workplace Violence Prevention
PCI is committed to preventing workplace violence and maintaining a safe work environment. PCI has adopted the following guidelines to address intimidation, harassment, or other threats of ( or actual) violence in the workplace.
All employees, including managers, regular employees, temporary employees and contractors, must be treated with courtesy and respect at all times. Employees must refrain from fighting, horseplay, or other conduct that may be dangerous to others. Firearms, weapons, and other dangerous or hazardous devices or substances are strictly prohibited and may not be brought to Company premises, including Company parking lots.
Conduct that threatens, intimidates, or coerces another employee or a contractor, customer, or member of the public at any time will not be tolerated. This prohibition includes all acts of harassment, including harassment that is based on an individual' s sex, race, age, or any other characteristic protected by federal, state, or local law.
All threats of ( or actual) violence, both direct and indirect, should be reported as soon as possible to an employee' s supervisor or manager, the Human Resources Manager, or any other member of PCI management. This includes threats by employees, as well as threats by customers, contractors, vendors, solicitors, family members, or other members of the public. When reporting a threat of violence, an employee should be as specific and detailed as possible.
All suspicious individuals or activities should also be reported as soon as possible to a supervisor or manager. Do not place yourself in peril. If you see or hear a commotion or disturbance near your workstation, do not try to intercede or see what is happening. Find a supervisor or manager and report what you saw or heard. If no supervisor or manager is present, an employee who sees or hears a commotion or disturbance in the workplace should call 911.
PCI will promptly and thoroughly investigate all reports of threats of ( or actual) violence and suspicious individuals or activities. The identity of the individual making a report will be protected to the extent practicable and consistent with PCI investigating the report and providing a safe workplace.
Anyone determined to be responsible for threats of ( or actual) violence or other conduct that is in violation of these guidelines will be subject to disciplinary action, up to and including termination of employment.
PCI encourages employees to bring their disputes or differences with other employees to the attention of their supervisor or manager, or the Human Resources Manager, before the situation escalates.
PCI is eager to assist in resolving employee disputes.
7. 9 Emergency Closings
At times, emergencies such as severe weather, fires, power failures, or earthquakes, can disrupt PCI' s operations. In extreme cases, these circumstances may require the temporary closing of a work facility.
When the decision to close a facility is made AFTER the workday has begun, employees will receive official notification from their supervisor or manager. In these situations, time off from scheduled work will be unpaid for all non- exempt employees. Employees in essential operations may be asked to work on a day when operations are officially closed.
Exempt employees who are scheduled to work will be paid for their entire shift, whether they are on site when the facility closes or the facility closes before their shift begins.
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7. 10 Transportation Concepts Workplace Safety
Each Transportation Concepts employee has the responsibility to contribute to a safe, cooperative and pleasant work environment. The following rules and guidelines provide a basis for that responsibility and they are applicable to all employees of PCI' s Transportation Concepts division. a. Safety Policy. The Company seeks to provide the safest possible work environment and takes practical steps to prevent injury to employees in accordance with the Company' s Safety Program.
Consistent with this policy, every supervisor is required to look for, record and correct all unsafe conditions and/ or actions by employees. In addition, each employee has the responsibility to report any unsafe working conditions and/ or procedures to his/ her supervisor and correct them whenever possible. Each employee must be alert and aware of hazards that could lead to injury to the employee, a co- worker, a pedestrian, or the riding public. Improper and unsafe working habits may be cause for disciplinary action, up to and including termination of employment.
b. Safety Rules. Employees must comply at all time with the following safety rules and procedures:
Report all vehicle accidents or personal injuries immediately to the employee' s supervisor.
This applies to accidents on Company property or while on Company business at another assigned location. An employee' s supervisor will assist in preparing a written report including date, time, location, and possible cause of accident.
Running, jumping, shoving, hitting, fighting or any activity that has an adverse influence on the well- being of employees is prohibited. Employees are to walk, not run, at all times.
Employees may not use any machines or equipment for which they have not been trained.
Employees should not handle or tamper with electrical equipment, machinery or tools that are not within their scope of duties.
Correct lifting techniques ( using the legs not the back) should be used at all times. An employee must not attempt to lift any object that may strain his/ her muscles or that is light but awkward, and should ask for assistance whenever needed.
Each employee is required to maintain habits of cleanliness in his/ her own work area and in public areas such as restrooms. Do not create or contribute to unsanitary conditions in any way. Although general cleaning maintenance is done regularly, i. e., vacuuming, cleaning of the work area, emptying wastebaskets, etc., all employees are responsible for picking up and cleaning after themselves. Please be mindful of this fact and considerate to co- workers.
C. Accident Definition. All occurrences involving bodily injury, or suspected or potential bodily injury to another person, contact with another person, contact with another person' s property, or contact with Company- owned or operated vehicles, whether or not there is damage, are considered accidents.
d. Accident Reporting. All accidents or incidents while on duty must be reported immediately to a Company supervisor either over the two- way radio, telephone or in person. An accident report must be completed and submitted to the on -duty supervisor no later than the end of a work shift on the date of occurrence.
e. Passenger Injuries and Incidents. Passenger on -board injuries ( falling on -board, while boarding, or de -boarding) are treated under the same procedures as vehicle accidents, and must be reported immediately by two- way radio or telephone. An accident report must be filed in every case, even if the suspected injured party says that he/ she is not injured or does not wish to make a report.
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PREVENTABLE: An accident will be considered preventable when the employee failed to do everything reasonable to prevent the accident.
NON - PREVENTABLE: An accident will be considered non - preventable when the employee did nothing that contributed to the cause of the accident. g. Evaluating Accidents. An employee' s manager and/ or safety committee will review all accidents, determine preventability, and assign a point value. In addition, when necessary, the Company' s Director of Safety will review accident investigations to ensure that they have been evaluated in compliance with the National Safety Council Guidelines. An employee who is involved in an accident may be suspended pending the outcome of the investigation.
h. Re -Training. The Company will provide remedial training after a preventable accident, failed ride check, or failed unobserved road check. Depending on the circumstances, a vehicle operator may not be scheduled into regular service until the retraining is complete. i. Safety Point System. The point system described below applies to all Transportation Concepts division employees who operate a Company vehicle on public roadways, Company property, or private property. Point assessments shall be applied whether incurred in a Company or private vehicle.
Examples of One ( 1) Point Assessment
Preventable accident with no damage to property or other vehicles involved.
Passenger - related preventable accident for which there is no claim for medical treatment or monetary award.
An accumulation of two ( 2) preventable accidents during a 6 -month period. ( This is a one ( 1) - point assessment in addition to the other points assessed.) Examples of Two ( 2) Point Assessment
Preventable accident with vehicle or property damage.
Passenger -related preventable accident with claim for medical treatment or monetary award.
Conviction of a minor traffic violation. A minor violation is any moving traffic citation that does not qualify as a " major violation" ( as defined below).
Examples of Five ( 5) Point Assessment
Preventable accident as a result of failure to properly secure wheelchair.
Preventable accident as a result of driver negligence resulting in serious injury, death and/ or high property damage.
Failure to immediately report a citation or accident.
Failure to immediately report a citation received for a Major Violation.
Conviction of a Major Violation. A Major Violation is any citation that involves:
1) driving while intoxicated or under the influence of alcohol or drugs; ( 2) failure to stop and report an accident in which the employee was involved; ( 3) homicide, manslaughter, or assault arising out of the operation of a motor vehicle; ( 4) driving while license is suspended or revoked; ( 5) reckless driving; ( 6) possession of open container of alcoholic beverages; and/ or ( 7) speed contests, drag racing, or attempts to elude an officer of the law.
j. Safety Points Accumulation. The accumulation of points within a floating 1 8 - month period will result in the following action:
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3 — 4 points 3 day Suspension ( without pay)
5 points Discharge
In situations involving more than one point assessment, for instance, an accident with a citation, only the highest point assessment will be used.
k. On -the -Road Supervision. Each vehicle operator will be reviewed by his supervisor/ manager or trainer on a regular basis. These reviews will include a ride check or unobserved road check.
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WORKPLACE CONDUCT
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8. 1 PCI Standards of Integrity and Personal Conduct
PCI' s standard is to treat employees, customers and vendors with honesty and integrity and to maintain appropriate confidentiality in every aspect of our business. In turn, employees are expected to maintain these same high standards of honesty, integrity and appropriate confidentiality with the Company, each other, and with customers and vendors.
Employees who engage in dishonest business practices with customers or vendors, or who use customer information outside of Company procedures, will be subject to disciplinary action, up to and including termination of employment. Employees who engage in theft or willful misuse of Company property or funds, or who intentionally harm another employee, will be subject to disciplinary action, up to and including termination of employment.
Standards of integrity are necessary to maintain an atmosphere of mutual trust and cooperation.
We expect that you will assist us in maintaining our standards of integrity and report activities of others that appear to be dishonest.
PCI is very sensitive to the issue of protection of trade secrets and other confidential and proprietary information of both the Company and third parties. Therefore, employees are expected to use good judgment and to adhere to the highest ethical standards when using or transmitting confidential information.
Confidential information should never be accessed in the presence of unauthorized individuals.
Similarly, confidential information should never be left unattended.
8. 2 Attendance and Punctuality
To maintain a productive work environment, it is important that employees attend work as scheduled, unless they are excused. Employees who are absent from their positions or tardy for work place an additional burden on their co- workers and PCI. Unless they are excused, all employees are expected to work on all scheduled workdays and to report to work on time.
Regular attendance is a vital factor in each employee' s job performance and is weighed heavily at evaluation time. Excessive, unexcused absenteeism and/ or tardiness may result in a lower performance rating and may lead to disciplinary action, up to and including termination.
It is each employee' s responsibility to arrive at work on time, prepared to work, and in full uniform as established by local management). Punctuality also applies to meal periods and rest breaks. When you return promptly from your breaks, it shows concern for your fellow employees and the job you perform.
Some departments have tightly scheduled meal periods which require everyone' s cooperation.
Whenever an employee cannot avoid being late for work or is unable to report for work, he/ she must personally call in at least two ( 2) hours prior to his/ her scheduled start time and speak directly to the his/ her supervisor or manager. If the employee' s supervisor or manager is not available, the employee must leave a message and a call back number where he/ she can be reached. An employee is required to follow this procedure each day that he/ she will be late for work or are unable to come to work, unless otherwise instructed by his/ her supervisor or manager. An employee' s failure to follow this procedure may result in disciplinary action, up to and including termination of employment. Emergency situations may be considered as an exception to this two- hour call in requirement. However, a " no call, no show" incident is never justified or acceptable.
An employee who is absent or late are expected to provide his/ her supervisor or manager with an honest explanation, and with the expected length of absence. PCI will comply with all applicable laws mandating time off from work, but an absent employee is expected to provide PCI with the appropriate Parking Concepts, Inc. Employee Handbook
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Moreover, and employee who is absent from work must notify his/ her supervisor or manager of any change in condition or work status as soon as possible.
An employee who is absent from work for three consecutive days without notifying his/ her supervisor or manager will be considered to have abandoned his/ her job and voluntarily terminated employment with PCI.
This policy pertains to unexcused absences and tardiness. PCI provides reasonable accommodation to individuals with disabilities in compliance with state and federal law, up to the point of undue hardship.
8. 3 Business Ethics
The success of PCI and its reputation in the community are built upon the ethical conduct of its employees. PCI' s reputation for integrity and excellence requires careful observance of the spirit and letter of all applicable laws and regulations, as well as a scrupulous regard for the highest standards of conduct and personal integrity. The continued success of PCI depends upon its customers' trust and PCI is dedicated to preserving that trust. All employees owe a duty to PCI and its customers to act in a way that will merit the continued trust and confidence of the public.
PCI complies with all applicable laws and regulations and expects its directors, officers, managers, supervisors and employees to conduct business in accordance with the letter, spirit, and intent of all applicable laws and to refrain from any illegal, dishonest or unethical conduct. In general, the use of good judgment, based on high ethical principles, will guide each employee with respect to lines of acceptable conduct. If a situation arises in which it is difficult to determine the proper course of action, the matter should be discussed openly with the employee' s supervisor or manager and, if necessary, with the Human Resources Manager, District Manager, Executive Vice President, or President.
Compliance with this policy of ethical conduct is the responsibility of every PCI employee. Failure to comply with this standard of business ethics and conduct will result in disciplinary action, up to and including termination of employment.
8. 4 Conflicts of Interest
PCI' s strives to provide a high level of service to its customers, i. e., parking facility owners and transportation providers. PCI conducts business in accordance with contractual arrangements entered into by PCI with various third parties and organizations. These relationships are often the product of longstanding relationships and/ or substantial investments of PCI' s resources, energies, money and efforts.
PCI' s reputation and relationships with outside organizations and individuals are of utmost importance.
As discussed above in the Business Ethics policy, PCI expects its employees to conduct business according to the highest ethical standards of conduct. Employees are also expected to dedicate their best efforts to the interests of PCI. Business dealings that create or appear to create a conflict of interest between PCI and an employee are unacceptable.
A potential conflict of interest occurs whenever an employee is in a position to influence a decision that may result in a personal gain for the employee, an immediate family member, or other third party in a relationship with the employee, as a result of PCI' s business dealings.
PCI recognizes the right of employees to engage in activities outside of their employment which are of a private nature and unrelated to PCI. However, employees must disclose any possible conflicts of interest, so that the Company may address the potential conflict and prevent damage to its business and reputation in the community.
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 730DBE4B909C Employees must avoid any interest, influence or relationship which might conflict or appear to conflict with the best interests of PCI. Although it is not possible to specify every action that might create a conflict of interest, listed below are examples of potential conflicts of interest that may arise during your employment with PCI:
Accepting gifts, entertainment or other benefits of more than a nominal value from a PCI competitor, customer, supplier, or potential supplier.
Receiving any income or material gain from individuals or organizations outside PCI for services rendered while performing job duties for PCI ( other than normal tips and gratuities).
Working for a competitor, supplier, or customer while employed by PCI ( without notifying and obtaining the approval of PCI management).
Engaging in self- employment in competition with PCI.
Having a financial interest in any business transaction with PCI.
Using proprietary or confidential PCI information for personal gain or to PCI' s detriment.
Having a direct or indirect financial interest in or relationship with a competitor, customer or supplier.
Acquiring any interest in property or assets of any kind for the purpose of selling or leasing the property or asset to the Company.
Committing PCI to give its financial or other support to any outside activity or organization without appropriate written authorization.
PCI insists upon the undivided loyalty of its employees throughout their employment. Every employee has a legal and ethical responsibility to promote the Company' s best interests. No employee is authorized to engage in any work- related conduct that is inconsistent with the Company' s best interests or that disrupts, undermines, or impairs the Company' s relationships with its customers, prospective customers or any outside organization, person or entity with which PCI does business.
PCI reserves the right to determine whether an employee' s outside activities or relationships present an actual or potential conflict of interest. If PCI determines, within its sole discretion, that a relationship between an employee, on one hand, and a non- employee or outside organization, on the other, presents an actual or potential conflict of interest, PCI will take whatever action it determines to be appropriate to avoid or resolve the actual or potential conflict of interest. Such action may include, without limitation, transfer, reassignment, shift change, or termination of employment.
An employee who is unsure of whether a particular situation creates a conflict of interest must ask for clarification from his/ her supervisor or manager, or the Human Resources Manager. An employee' s failure to adhere to this policy, including but not limited to, an employee' s failure to disclose any conflict or seek an exception to this policy when an actual or potential conflict arises, may result in disciplinary action up to and including termination of employment.
8. 5 Outside Employment
During employment with PCI, employees may hold outside jobs, provided that the supplemental employment is disclosed to and approved by PCI management, the outside employment does not create a conflict of interest, and the employee continues to meet the performance standards of his/ her position with PCI. An employee may not engage in any outside activity or other employment that interferes with the employee' s work schedule for PCI, or raises a conflict of interest with the employee' s duties and obligations to PCI.
By way of example, PCI does not object to a cashier, valet or driver providing similar work for another employer, as long as the outside employment does not interfere with the employee' s work schedule for PCI. All employees will be judged by the same performance standards and will be subject to PCI' s scheduling demands, regardless of any existing outside work requirements.
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C PCI reserves the right to determine whether an employee' s outside employment creates an actual or potential conflict of interest. If PCI determines, within its sole discretion, that an employee' s outside work creates a conflict of interest or interferes with performance or the ability to meet the requirements of PCI, the employee may be asked to terminate the outside employment if he/ she wishes to remain employed by PCI.
8. 6 Confidential Information/ Non- Disclosure
The protection of confidential information and trade secrets is essential to PCI and its customers. To protect such information, no employee is authorized to disclose any confidential, proprietary or trade secret information of PCI or its customers, except as necessary and required to carry out the employee' s job duties on behalf of PCI. Employees who are exposed to confidential, proprietary and/ or trade secret information about PCI, its customers, or its business plans and activities, may be required to sign a standalone confidentiality agreement as a condition of employment. Employees who improperly disclose confidential, proprietary or trade secret information in breach of this policy are subject to disciplinary action, up to and including termination of employment, regardless of whether they have signed a standalone confidentiality agreement.
All PCI records and all information about PCI, its employees, customers, suppliers and vendors, is to be kept confidential and divulged only to individuals within the Company with both a need to receive and authorization to receive the information. All records and files maintained by PCI are confidential and remain the property of the Company. No PCI records, files or related information may be removed from Company premises or disclosed to any outside party without express authorization from PCI management.
Confidential information regarding PCI includes, but is not limited to, financial records; business, marketing, and strategic plans; personnel and payroll records regarding current and former employees; the identity of, contact information for, and any other account information on customers, vendors and suppliers; inventions, programs, trade secrets, formulas, techniques and processes; and any other documents or information regarding PCI' s operations, procedures or practices. Such confidential information also includes, without limitation, the following examples:
computer processes
computer programs and codes
customer lists
customer preferences
financial information
personnel information
labor relations strategies
marketing strategies
pending projects and proposals
research and development strategies
technological data
Employees must not disclose confidential information to any unauthorized person inside or outside the Company. An employee who is unsure about the confidential nature of specific information must ask for clarification from his/ her supervisor or manager, or the Human Resources Manager.
Employees who improperly use or disclose confidential, proprietary or trade secret information will be subject to disciplinary action, up to and including termination of employment. Improper use or disclosure includes both revealing confidential information or using such information for purposes other than carrying out the employee' s job duties for PCI. Former employees are also prohibited from using or disclosing PCI' s confidential information, proprietary or trade secret information without the express written approval of PCI' s President. PCI reserves the right to avail itself of all legal or equitable remedies to prevent impermissible use or disclosure of confidential, proprietary or trade secrets information or to Parking Concepts, Inc. Employee Handbook
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Whistleblower Immunity Provision. Title 18, Section 1833( b) of the United States Code provides:
An individual shall not be held criminally or civilly liable under any Federal or State trade secret law for the disclosure of a trade secret that — ( A) is made — (i) in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney; and ( ii) solely for the purpose of reporting or investigating a suspected violation of law; or ( B) is made in a complaint or other documents filed in a lawsuit or other proceeding, if such filing is made under seal."
In compliance with this law, PCI will not seek to hold any employee or individual performing work for the Company as a contractor or consultant criminally or civilly liable under any Federal or State trade secret law for ( 1) disclosing a trade secret of the Company in confidence to any Federal, State or local government official, or to an attorney, for the sole purpose of reporting or investigating a suspected violation of law; or ( 2) disclosing a trade secret of the Company in a complaint or other document that is filed under seal in a lawsuit or other proceeding. All agreements, contracts, and personnel policies of the Company are to be drafted and interpreted in accordance with this policy.
8. 7 Personal Relationships in the Workplace
The employment of relatives or individuals involved in a dating relationship in the same area of an organization can cause serious conflicts and problems with favoritism and employee morale. In addition to claims of partiality in treatment at work, personal conflicts from outside the work environment can be carried over into day- to- day working relationships.
For purposes of this policy, a " relative" is any person who is related by blood or marriage, or whose relationship with the employee is similar to that of persons who are related by blood or marriage.
A " dating relationship" is defined as a relationship that may reasonably be expected to lead to the formation of a consensual " romantic" or sexual relationship. This policy applies to all employees without regard to the gender or sexual orientation of the individuals involved.
An employee may not occupy a position that involves working directly for or supervising a relative. When a relationship in violation of this policy occurs, it is the responsibility and obligation of the supervisor or manager to disclose the existence of the relationship to the Human Resources Manager. The individuals concerned will be given the opportunity to decide who is to be transferred to another available position, if any. If that decision is not made within 30 calendar days, PCI will decide who is to be transferred or, if necessary, terminated from employment.
Management desires to avoid misunderstandings, complaints of favoritism and the morale and dissension problems that can potentially result from dating relationships between supervisory employees and co- workers. Therefore, supervisors and managers are prohibited from dating or pursuing romantic relationships with employees they supervise, directly or indirectly, or with any other employee where the relationship creates a potential conflict of interest or presents significant business concerns regarding supervision, safety, security or morale. PCI expects that all supervisors and managers will exercise their best judgment and not engage in any relationship that would be detrimental to their ability to perform their managerial duties in a professional and competent manner. Violation of this policy will result in transfer, reassignment and/ or disciplinary action, up to and including termination of employment.
8. 8 Customer Service
Clients and customers are among our organization' s most valuable assets. Every employee represents PCI to our clients and customers and to the general public. The way we do our jobs affects the public image of our entire organization. Customers judge all of us by how they are treated with each Parking Concepts, Inc. Employee Handbook
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 730DBE4B909C employee contact. Therefore, one of our first business priorities is to assist any customer or potential customer. Nothing is more important than being courteous, friendly, helpful, and prompt in the attention you give to customers.
Our personal contact with the public, our manners on the telephone, and the communications we send to customers are a reflection not only of ourselves, but also of the professionalism of PCI. Positive customer relations not only enhance the public' s perception and image of PCI, but also result in greater customer loyalty and increased sales and profits.
8. 9. No Solicitation during Work Time or in Work Areas Employees may not solicit ( or be solicited by others) for any purpose during work time. For purposes of this policy, work time does not include rest breaks or meal periods. Employees may not solicit in work areas at any time. A single exception to the foregoing is charitable solicitation approved by PCI in advance and conducted under conditions specified.
Employees may not distribute any form of advertising materials, handbills, or other literature in work areas at any time, or in non -work areas while on work time. Non -employees are prohibited from distributing any form of literature on Company property or Company -managed property, including but not limited to buildings and parking lots, at any time.
Nothing in this Employee Handbook is intended to restrict or prohibit an employee from engaging in protected, concerted, protected activity under the National Labor Relations Act or other applicable law during non -work time and in non -work areas.
8. 10 Bulletin Boards
PCI maintains bulletin boards as sources of information. The bulletin boards are to be used solely to post information approved by PCI management regarding Company policies, governmental regulations, and other matters of concern to all employees and related to employment with the Company. No information may be placed on these bulletin boards without the prior approval of the Human Resources Manager. All notices or other materials must be approved by PCI management before posting on bulletin boards.
8. 11 Use of Company Telephones and Mail
PCI' s telephone system is a lifeline to its customers and vendors. Proper use of PCI telephone system is critical to providing the best service to PCI' s customers.
Incoming personal calls are not permitted during working hours, except in cases of emergency.
Outgoing personal calls may be made on an employee' s personal cellular phone during rest breaks and meal periods, but not during worktime when an employee is performing his/ her job duties.
Unauthorized use of Company telephones for personal reasons is considered misuse of Company assets and will require reimbursement of any long distance or other charges. Continued abuse will result in disciplinary action, up to and including termination of employment.
The mail system is reserved for business purposes only. Employees should refrain from sending or receiving personal mail at the workplace. All mail delivered to a PCI office or PCI - managed facility is presumed to be related to Company business. Mail sent to an employee at a PCI address will be opened by the office and routed to the employee' s department. An employee who does not wish to have his/ her correspondence handled in this manner should not have personal mail sent to a PCI office or PCI - managed facility.
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C To ensure effective telephone communications, employees should always use the approved greeting and speak in a courteous and professional manner. Please confirm information received from the caller, and hang up only after the caller has done so.
8. 12 Cell Phones and PDA Usage While Driving; Driver Safety California Vehicle Code section 23123. 5 prohibits all drivers from operating a motor vehicle while holding and operating a handheld wireless telephone or an electronic wireless communications device unless [ the device is] designed and configured to allow voice - operated and hands- free operation, and it is used in that manner while driving." A cell phone or PDA may be operated with the driver' s hand only if the device is mounted to the vehicle' s windshield, dashboard or center console, and "[ t] he driver' s hand is used to activate or deactivate a feature or function [ of the device] with the motion of a single swipe or tap of the driver' s finger."
PCI employees are prohibited from using cellular phones or PDAs while driving motor vehicles of any kind, unless the vehicle is equipped with a compliant, voice- activated, hands- free device. Texting, sending or reading email or text messages, watching videos, or using any other personal digital device app while driving a motor vehicle is strictly prohibited. ( See Section 8. 12, below, regarding additional restrictions on use of use of cellular phones and PDAs by bus or shuttle drivers.) If an employee does not have a compliant hands- free device in the vehicle and needs to answer or place a call or otherwise use a cell phone or PDA, the employee must pull over to a safe place before doing so. Moreover, even when a compliant hands- free device is available, employees should pull off the road to a safe location before answering or placing a call whenever driving conditions are difficult, such as when driving in bad weather, heavy traffic, or an unfamiliar area. When a telephone conversation is or becomes long, complex or distracting, an employee should pull over to a safe place before continuing the conversation.
The sole exception to this policy is when a legitimate emergency requires immediate communication with 91 1 operators, law enforcement or other emergency personnel.
Proper cellular telephone and PDA use is one part of safe driving. While traveling on PCI business, employees are also expected to obey posted speed limits and other traffic laws, wear seat belts, and remain alert at all times. Employees who drive a motor vehicle to carry out their job duties must be properly licensed and must provide PCI with a copy of their drivers' license and proof of insurance.
Violations of this policy will result in disciplinary action, up to and including termination of employment.
8. 13 Cell Phone, PDA and PTT Usage by Bus and Shuttle Drivers Additional restrictions on usage of cellular phones, PDAs and PTT devices are applicable to bus and shuttle drivers, including those employed by the Transportation Concepts division. California Vehicle Code section 23125( a) generally prohibits bus and shuttle drivers from using a wireless telephone while driving. Section 23125( b) creates an exception which allows a bus or shuttle driver to use a wireless telephone only for work- related purposes, or for emergency calls to a law enforcement agency, health care provider, fire department, or other emergency service agency.
Bus and shuttle drivers are issued PTT phones (" PTTs") for communications with dispatch and their supervisors. PTTs must be turned on at all times, from the time the driver clocks in until to the time he/ she clocks out. Turning off a PTT during the workday will result in disciplinary action. Although the PTT must continue to be on during a driver' s rest breaks and meal periods, drivers are excused from all job duties during such times, including monitoring of PTTs.
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C Drivers must refrain from using PTTs or any other type of wireless phone or PDA while driving the bus or shuttle. This includes placing and receiving calls or PTT messages while driving. When a driver must place or receive a call or PTT message, he/ she must first bring the vehicle to a complete stop in a safe location, such as a service stop. Stopping at a red light, stop sign or other unsafe location to place or receive a call or PTT message is prohibited and will result in disciplinary action, up to and including termination of employment.
Drivers are expected to focus their undivided attention on safe driving and service to the riding public. Driver may not wear headphones or earbuds. Drivers may not listen to music apps or downloaded music on any portable device while driving.
When communicating with dispatch using a PTT, drivers must always wait for dispatch to acknowledge the communication before ending the conversation. When a driver receives a busy signal from dispatch, he/ she should wait a short time and try again. A busy signal is never a valid excuse for a driver' s failure to report in.
PTTs are linked to a GPS tracking system, which allows the Company to monitor the location, time points and speed of the vehicle. Drivers have no expectation of privacy with respect to such information.
Employees who violate this policy are subject to disciplinary action up to and including termination from employment.
8. 14 Personal Belongings
PCI is not responsible or liable for personal property that is lost, stolen or damaged. The responsibility for safeguarding, replacing, or repairing personal property that is lost, stolen or damaged is that of the individual employee. Consequently, PCI discourages employees from bringing any valuable personal property to work.
8. 15 Use of PCI Tools and Equipment
Tools and equipment essential to accomplishing job duties are often expensive and may be difficult to replace. When using PCI property, employees are expected to exercise care, perform required maintenance, and follow all operating instructions, safety standards, and guidelines.
Please notify your supervisor if any equipment or machinery appears to be damaged, defective, or in need of repair. Prompt reporting of damage, defects, and the need for repair can prevent deterioration of equipment and possible injury. Please ask your supervisor or manager if you have any questions about your responsibility for maintenance or care of equipment used on the job.
The Company' s letterhead, supplies, copiers, and postage meters are provided for conducting Company business only and are not for personal use.
8. 16 Personal Appearance and Grooming
Dress, grooming, and personal cleanliness standards contribute to the morale of all employees and affect the business image PCI presents to customers and visitors. Each employee' s job responsibilities determine the applicable dress code, but all employees are expected to be in proper attire or uniform while on duty at all times.
During business hours or when representing PCI, employee must present a neat and tasteful appearance. Employees are expected to dress according to the requirements of their position and accepted business standards. Natural and protective hairstyle, such as braids, twists and locks, are acceptable under this policy.
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 730DBE4B909C Some employees, such as drivers, are required to wear uniforms that are mandated by the client.
All such employees are expected to be neat and clean and in proper uniform while on the job:
Drivers must wear shoes that are appropriate for safe driving and safe work activity. Shoes must be dark in color, preferably black, and not have open toes or heals.
Uniform shirts are to be buttoned and tucked in.
Company provided patches/ name tags are to be worn on uniform shirts and jackets.
Employees who are not required to wear a uniform should dress in accordance with business casual standards:
Acceptable dress includes:
Shirts with collars.
Slacks.
Casual dress shoes or sneakers that are clean and in good condition.
Women' s slacks, capris, professional length skirts and dresses.
Unacceptable dress includes:
T- shirts.
Sweatshirts and sweatpants.
Overalls and leggings.
Backless, strapless, halter or off the shoulder dresses or blouses.
Shorts ( unless part of required apparel for position).
Sandals.
Any clothing that is too casual for a professional business environment.
Cosmetics may be worn provided they are not of such a nature as to be considered unusual or excessive. A conservative appearance should be maintained.
Notwithstanding this policy, the Company will reasonably accommodate an employee' s religious dress and grooming practices to the extent that such accommodation does not result in undue hardship. Any request for such accommodation should be made to your supervisor or manager and/ or the Human Resources Manager.
Your supervisor or manager is responsible for establishing a reasonable dress code appropriate to the job you perform. If your supervisor or manager feels your personal appearance is inappropriate, you may be asked to leave the workplace until you are properly dressed or groomed. Under such circumstance, you will not be compensated for the time away from work. Consult your supervisor or manager if you have questions as to what constitutes appropriate appearance.
8. 17 Uniform Policy
Some PCI employees are required to wear coordinated clothing or a uniform while a work. When coordinated apparel or a uniform is required at the location, it is the employee' s responsibility to be in complete and proper apparel at all times while on the job.
Due to client requests, uniform policies may vary from location to location. When the required apparel items are part of a basic wardrobe usable in the occupation, such as dark pants, black shoes and black belts, they are the responsibility of the employee. However, when the required apparel items are not part of a basic wardrobe usable in the occupation, PCI will issue the employee a complete set of uniforms for the location assigned.
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C When an employee is required to wear apparel that is not part of a basic wardrobe usable in the occupation ( as discussed above), the employee will be provided with uniform sets by his/ her supervisor and instructed on the procedures for cleaning, maintenance, and replacements. When a uniform requires care other than normal washing and tumble drying, PCI will either provide a uniform laundering service or pay the employee a weekly maintenance allowance.
Whenever PCI issues an employee a uniform set, it may charge the employee a uniform deposit, not to exceed the cost of the uniforms issued. Whenever a uniform deposit is required, PCI will:
Provide the employee with a receipt for the deposit;
Provide the employee with a written agreement that sets forth any conditions under which the deposit is given; and
Maintain the uniform deposit in a separate account that is not combined with other types of PCI funds.
Uniform deposits will be refunded in full upon termination of employment provided that all uniform sets issued to the employee are returned, with normal wear and tear.
8. 18 Driver' s License/ PCI and Personal Vehicles
When an employee' s job requires that the employee drive vehicles owned or operated by the Company or its customers, PCI will request a copy of the employee' s past driving record from the Department of Motor Vehicles to determine suitability for the position.
In addition, an employee maintain personal automobile insurance, in accordance with the applicable state law, when the employee' s position requires that the employee use his/ her personal vehicle for Company business. In such cases, PCI reimburses its employees for mileage at the IRS rate, which is intended to provide full reimbursement for insurance, fuel, maintenance, and vehicle wear and tear.
8. 19 Driver' s License/ Bus and Shuttle Drivers
Bus and shuttle drivers, including those who work for the Transportation Concepts division, must obtain and possess all required licenses and permits required by the state. Such employees must at all times keep their licenses, endorsements, certificates, and permits current and valid. A bus or shuttle driver who does not have a current and valid license will be removed from service, without pay, until such time as the license is renewed and it subject to disciplinary action, up to and including termination of employment.
Department of Motor Vehicle checks are performed throughout the term of employment. All employees with any driving responsibilities must be insurable under the insurance policies the Company has or may obtain.
8. 20 Pull Notice Program
PCI enrolls all employees who drive a vehicle as part of their normal job duties and are covered by PCI automobile insurance plan, in the Department of Motor Vehicles Pull Notice Program ( EPN). The EPN Program provides PCI with a means of promoting driver safety through the ongoing review of driver records, including information obtained from an individual' s driver license application, abstracts of convictions and accidents, which are open to public inspection.
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8. 21 Smoking Policy
In compliance with California law, smoking is prohibited throughout the workplace at all times. All PCI offices and PCI -administered properties, including production areas, common areas, lobbies, restrooms, break rooms and other workspaces, are smoke- free areas. Smoking is also prohibited while riding in or driving a PCI vehicle. Smoking is permitted only during an employee' s break times in outdoor areas designated by management.
This policy applies to all employees, customers, and visitors, and it applies to tobacco products as well as e -cigarettes and vaping devices. Employees are also subject to smoking policies as determined and implemented by client or building requirements at the location level. Any employee who violates smoking policies will be subject to disciplinary action, up to and including termination of employment.
8. 22 Visitors
Generally, employees are not permitted to have friends or relatives visit during working hours.
Please check with the Human Resources Manager before inviting friends or relatives to a PCI worksite, e. g., regarding an emergency situation.
8. 23 Computer, Voicemail and Email Usage
PCI uses various forms of electronic communication systems, including but not limited to, computers, email, telephones, voicemail, fax machines, personal digital assistants, and other online services paid for by the Company ( collectively, the " Electronic Communications Systems"). All Electronic Communications Systems, including all software and hardware, are the property solely of the Company. All messages or other information stored on the Electronic Communication Systems are the property solely of the Company and may be accessed at any time by the Company. EMPLOYEES HAVE NO EXPECTATION OF PRIVACY IN
ANY COMMUNICATIONS OR INFORMATION STORED ON THE ELECTRONIC COMMUNICATIONS SYSTEMS.
Each employee is responsible for the content of all electronic communications he/ she places or sends over the Electronic Communications Systems. Electronic communications consist of all electronically transmitted correspondence, voicemail, email, instant messages, or communications between an employee and another employee, customer, representative, vendor, or other third party. PCI reserves and intends to exercise the right to review, audit, intercept, access and disclose any and all electronic communications received or sent using its Electronic Communications Systems. The contents of email, voicemail and text messages stored on such electronic devices may be disclosed without the permission of the employee. The confidentiality of any electronic communication should not be assumed. Even when a message is erased, it is still possible to retrieve the message. Further, the use of passwords for security does not guarantee confidentiality or restrict PCI' s access to electronic communications. All passwords must be disclosed to the Company.
Employees are provided with access to the Electronic Communication Systems to facilitate Company business. While employees may occasionally use the Electronic Communications Systems for personal reasons during non -work time, including the exercise of Section 7 rights under the National Labor Relations Act, employees must refrain from sending or receiving large audio or video files that would impair the efficiency of the Electronic Communications Systems. Email may not be used to solicit others for commercial ventures, religious causes or political causes. Moreover, like all other messages and information stored on the Electronic Communications Systems, the Company reserves the right to access and monitor such personal communications and employees have no expectation of privacy with respect to them.
Users of the Electronic Communications Systems must comply with the following guidelines:
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 730DBE4B909C Email to a customer should follow the same formality as a business letter. It should be treated as a formal document with proper business standards being followed. Spelling, grammar and punctuation should be checked.
Use professional language. Never send abusive, harassing, or threatening messages, even in jest.
Review your message before you send it. A sentence that might be clear to someone talking to you face to face might come across quite differently without the tone of your voice or your facial expressions.
Use professional courtesy and business etiquette.
The Electronic Communications Systems and their contents are not private and their contents may be subject to discovery in litigation. Employees should exercise the same restraint and caution in drafting and transmitting messages over the Electronic Communications Systems as they would when writing a memorandum or sending a letter. Employees should assume that their messages will be saved and reviewed by someone other than the intended recipient.
Information contained on the Electronic Communications Systems is backed up periodically and even deleted messages and documents may be retrieved at the discretion of the Company.
All electronic information created by any employee using the Electronic Communications Systems is the property of the Company and remains the property of the Company. Personal passwords may be used for purposes of security, but the use of a personal password does not affect the Company' s ownership of the electronic information and should create no expectation of privacy on the part of an employee. The Company reserves the right to access and disclose all information stored in its Electronic Communications Systems.
Notwithstanding PCI' s right to retrieve and read any text, voicemail or email message stored on the Electronic Communications Systems, such messages should be treated as confidential by other employees and accessed only by the intended recipient. Employees should not use a password, access a file, or retrieve any stored communication without prior authorization from a supervisor or manager.
The Company' s policies against sexual and other harassment apply fully to an employee' s use of the Electronic Communications Systems and any violation of those policies is grounds for disciplinary action, up to and including termination of employment. PCI prohibits the use of its Electronic Communications Systems in ways that are disruptive, offensive to others, or harmful to morale. For example, the display or transmission of sexually explicit images, messages, and cartoons is prohibited. Other such misuse includes, but is not limited to, ethnic slurs, racial comments, off- color jokes, or anything that may be construed as harassment or showing disrespect for others.
PCI purchases and licenses the use of various computer software for business purposes and does not own the copyright to this software or its related documentation. Unless authorized by the software developer, PCI does not have the right to reproduce such software for use on more than one computer.
Employees may only use software on local area networks or on multiple machines according to the applicable software license agreement. PCI prohibits the illegal duplication of software and its related documentation. Employees may not download or use unlicensed software from any source. Employees may not install personal software on the Electronic Communications Systems.
All Company employees are expected to be knowledgeable of this policy and to comply with it.
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C system use privileges. An employees should notify his/ her supervisor or manager, the Human Resources Manager, or another member of management upon learning of any violation of this policy. Employees who misuse the Electronic Communications Systems ( e. g., to engage in defamation, copyright or trademark infringement, misappropriation of trade secrets, discrimination, harassment or related actions) will be subject to disciplinary action, up to and including termination of employment.
8. 24 Internet Usage
The Company provides Internet access to some of its employees as a business tool. While employees may occasionally access the Internet for non -business purposes, personal use will be monitored, should be kept to a minimum, and should not interfere with an employee' s performance of job duties. We expect our employees to use good judgment in all aspects of their jobs including how they use the Internet.
Under no circumstances may the Company' s Electronic Communications Systems be used in connection with work for another employer or in connection with self- employment. Employees are responsible for ensuring that Internet access is used in an effective, ethical and lawful manner. a. Downloading of Software. To prevent computer viruses from being transmitted through the system, employees are strictly prohibited from downloading software from the Internet. Use of Internet - based email and Instant Messaging programs such as those offered by Gmail, Yahoo, and iCloud Mail is also prohibited. Downloading games from the Internet is prohibited. Downloading executable files or programs that change the configuration of the system by anyone other than Information Technology personnel is prohibited. Employees may not install other on- line services to access the Internet on Companyowned computers. Employees may not install additional email clients, or modify Company email clients to access email accounts that are not Company -provided email accounts. Any questions should be directed to an employee' s supervisor or manager, or to the Human Resources Manager. Violations of this policy may result in disciplinary action, up to and including termination of employment. b. Security. All Internet data that is composed, transmitted, or received via the Electronic Communications Systems, including the Internet, is considered to be part of the official records of PCI. At any time and without prior notice, the Company reserves the right to examine email, voicemail, personal file directories, Internet usage, and other information stored on the Company' s computer hardware and software. This examination helps to ensure compliance with internal policies, supports the performance of internal investigations, and assists the management of information systems. As such, the Company or its agents may monitor access to the Internet. Employees have no expectation of privacy with respect to such records and employees should always ensure that the business information contained in Internet email messages and other transmissions is accurate, appropriate, ethical, and lawful, and that Internet access is used for legitimate business purposes. Use of the Internet constitutes acceptance of such monitoring. In addition, all communications including text and images can be disclosed to law enforcement or other third parties without prior consent of the sender or the receiver.
Employees are prohibited from sharing their email accounts, network log -ins, passwords or network access information with anyone. This includes, but is not limited to, friends, family members or other employees. Employees will be held responsible for any unauthorized use of or access to their accounts.
Employees are further responsible to enhance and maintain the security of Company networks and software by immediately reporting any known problems, bugs, viruses, security holes, and unauthorized or improper usage to their supervisor or manager.
C. Harassment and Ethics. This policy regarding Internet use should be read and interpreted in conjunction with all other Company policies, including but not limited to, policies prohibiting harassment, discrimination, retaliation, offensive conduct or inappropriate behavior. Data that is composed, transmitted, accessed, or received via the Internet must not contain content that could be considered discriminatory, offensive, obscene, pornographic, threatening, harassing, intimidating, or disruptive to any employee or other person. Employees are prohibited from accessing the Internet for any unethical purposes, including pornography, violence, gambling, racism, harassment, or any illegal activity. Employees are forbidden Parking Concepts, Inc. Employee Handbook
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C from using profanity or vulgarity when posting electronic mail via the Internet or posting to public forums i. e., newsgroups). No messages with derogatory or inflammatory remarks about an individual' s race, religion, national origin, physical attributes, or sexual preference may be transmitted. Violation of this policy will result in disciplinary action, up to and including termination of employment.
Employees must abide by all federal and state laws with regard to information sent through the Internet. Unauthorized release or disclosure of Company trade secrets and confidential information should never be made over the Internet or otherwise. Unauthorized use or disclosure of the Company' s or its customers' trade secrets or confidential information may result in disciplinary action, up to and including termination of employment.
The unauthorized use, installation, copying, or distribution of copyrighted, trademarked, or patented material on the Internet is expressly prohibited. As a general rule, if an employee did not create material, does not own the rights to it, or has not obtained authorization for its use, it should not be put on the Internet. Employees are also responsible for ensuring that the person sending any material over the Internet has the appropriate distribution rights.
All software located on Company owned computers has been licensed for Company use only.
Employees are not permitted to copy or install any Company- owned and licensed software without express permission from the Company to ensure compliance with copyright and licensure laws. Failure to observe copyright or license agreements may result in disciplinary action, up to and including termination of employment.
d. Improper Use. The following behaviors are examples of activities that are prohibited and may result in disciplinary action:
Sending or posting discriminatory, harassing, or threatening messages or images Using the organization' s time and resources for personal gain Stealing, using, or disclosing someone else' s log -in code or password Copying or downloading software and electronic files without proper authorization Sending or posting confidential material, trade secrets, or proprietary information outside of the organization
Violating copyright laws
Engaging in unauthorized transactions that may incur a cost to the organization or initiate unwanted Internet services and transmissions
Sending or posting messages or material that could damage PCI' s image or reputation Participating in the viewing or exchange of pornography or obscene materials Sending or posting messages that defame or slander other individuals Refusing to cooperate with a security investigation
Sending or posting chain letters, solicitations, or advertisements not related to business purposes or activities
Using the Internet for political causes or activities, religious activities, or any sort of gambling Jeopardizing the security of PCI' s electronic communications systems Sending or posting messages that disparage another organization' s products or services Passing off personal views as representing those of PCI Sending anonymous email messages
Engaging in any illegal activity.
Nothing in this policy is intended to restrict or prohibit employees from truthfully engaging in protected, concerted activity under the National Labor Relations Act.
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 730DBE4B909C e. Violations. Abuse of the Internet access provided by PCI in violation of law or PCI' s policies is strictly prohibited. Employees found to be using the Company' s computers or networks to destroy or alter files, software, hardware, or email, voicemail and/ or Internet accounts, or found in violation of any guidelines listed above, will be subject to disciplinary action, up to and including termination of employment. If necessary, the Company will notify appropriate law enforcement of any illegal violations.
Employees may also be held personally liable for any violations of this policy.
8. 25 Use of Social Media
PCI understands that social media can be a rewarding way to share your life with family and friends around the world. However, the use of social media also presents certain risks and carries with it certain responsibilities. PCI has substantial legal responsibilities that must be observed when posting online.
These responsibilities include obligations to protect the privacy, confidentiality, and legal interests of the Company and its customers. PCI expects all employees to use good judgment at all times while dealing with social media. To assist you in making responsible decisions, we have established these guidelines for appropriate use of social media.
This policy applies to all managers, supervisors, and employees of PCI. Nothing in this policy is intended to restrict or prohibit an employee from truthfully engaging in protected, concerted activity under the National Labor Relations Act.
In the rapidly expanding world of electronic communications, social media can mean many things.
Social media includes all means of communicating or posting information or content of any sort on the Internet, including to an employee' s own or someone else' s web log or blog, journal or diary, personal website, social or affinity web site, web bulletin board or a chat room, whether or not associated or affiliated with PCI, as well as any other form of electronic communication. Social media sites may include, but are not limited to, sites such as Facebook, Twitter, Linkedln, Instagram, and YouTube, as well as web blog sites.
The same principles and guidelines found in other PCI policies apply to an employee' s activities online, including, but not limited to, the following PCI policies found in this Handbook:
Policy on Sexual and Other Unlawful Harassment;
Policy on Internet Use;
Policy on Computer, Voicemail and Email Usage;
Policy on Confidentiality; and
Policy on Workplace Violence Prevention.
In addition to these other Company policies, the guidelines below apply to each employee' s activities on line. Ultimately, each employee is solely responsible for what he/ she posts online. Before creating online content, an employee should consider some of the risks and rewards that are involved.
Keep in mind that conduct that adversely affects an employee' s job performance, the performance of fellow managers, supervisors, and/ or employees, or otherwise adversely affects customers, vendors, suppliers, independent contractors, or others doing business with the Company, may result in disciplinary action, up to and including termination of employment.
a. Know and Follow the Rules. Carefully read these guidelines, as well as the related PCI policies listed above, to ensure that postings are consistent with these policies. Inappropriate postings that include discriminatory remarks, unlawful harassment, and threats of violence or similar inappropriate or unlawful conduct will not be tolerated and may subject the posting employee to disciplinary action, up to and including termination of employment.
b. Protect Customer and Company Confidences. All employees have a duty to protect PCI' s confidential information, including but not limited to, financial records; business, marketing, and strategic Parking Concepts, Inc. Employee Handbook
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 730DBE4B909C plans; personnel and payroll records regarding current and former employees; the identity of, contact information for, and any other account information on customers, vendors and suppliers; trade secrets, formulas, techniques and processes; and any other confidential documents or information regarding the Company' s operations, procedures or practices. Under no circumstances should an employee use or disclose, directly or indirectly, any such information online.
Contact information for PCI' s customers and business associates is important confidential information. Such information should not be posted or shared online. By example, PCI' s contact lists should not be uploaded to social network sites because this may expose the Company' s contacts to outside review.
C. Be Respectful. Always be fair and courteous to fellow managers, supervisors, and/ or employees of the Company, as well as the Company' s customers, vendors, suppliers, independent contractors, or others doing business with the Company. Also, keep in mind that you are more likely to resolve work- related complaints by speaking directly with your co- workers, managers and/ or supervisors, than by posting complaints to a social media outlet. Nevertheless, if you decide to post complaints or criticism, avoid using statements, photographs, video or audio that reasonably could be viewed as malicious, obscene, threatening or intimidating, that disparage fellow managers, supervisors, and/ or employees, that disparage the Company' s customers, vendors, suppliers, independent contractors, or others doing business with the Company, or that might constitute unlawful harassment or bullying. Examples of such conduct include offensive posts meant to intentionally harm someone' s reputation or posts that could contribute to a hostile work environment on the basis of gender, race, religion, color, gender identity, sexual orientation, national origin, ancestry, citizenship status, uniform service member status, veteran status, marital status, pregnancy, age, medical condition, disability or any other category protected by applicable federal, state or local laws.
d. Be Honest and Accurate. Make sure that you are always honest and accurate when posting information or news, and if you make a mistake, correct it quickly. Be open about any previous posts you have altered. Remember that the Internet archives almost everything; therefore, even deleted postings can be searched. Never post any information or rumors that you know to be false about the Company, the Company' s, managers, supervisors, or employees, and/ or the Company' s clients, vendors, suppliers, independent contractors, or others doing business with the Company. e. Post Only Appropriate and Respectful Content. In using social media, it is important that you comply with each of the following:
Maintain the privacy, confidentiality, and legal interests of PCI and its customers. Do not post internal reports, policies, customer communications, procedures or other internal businessrelated confidential communications.
Respect financial disclosure laws. It is illegal to communicate or give a " tip" on inside information to others so that they may buy or sell stocks or securities.
Do not create a link from your blog, website or other social networking site to a PCI website without identifying yourself and your title at the Company.
Express only your personal opinions. Never represent yourself as a spokesperson for PCI. If PCI is a subject of the content you are creating, be clear and open about the fact that you are a manager, supervisor, or an employee of PCI, and make it clear that your views do not represent those of PCI, its managers, supervisors, and/ or employees, and/ or PCI' s customers, vendors, suppliers, independent contractors, or others doing business with PCI. If you publish a blog or post online related to the work that you do, or other subjects associated with PCI, make it clear that you are not speaking on behalf of PCI. It is best to include a disclaimer such Parking Concepts, Inc. Employee Handbook
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f. Using Social Media at Work. Refrain from using social media while on work time or on equipment PCI provides, unless it is work- related, authorized by your supervisor or manager, and consistent with PCI' s policies on Internet Usage and Computer, Voicemail and Email Usage. Do not use PCI' s email addresses to register on social networks, blogs or other online tools utilized for personal use. g. Retaliation is Prohibited. PCI prohibits retaliating against any of its managers, supervisors, and/ or employees for reporting any actual or suspected deviations from this policy or for cooperating in an investigation of any such report. Any manager, supervisor, and/ or employee who retaliates against another manager, supervisor, and/ or employee for reporting a possible deviation from this policy or for cooperating in an investigation will be subject to disciplinary action, up to and including termination of employment.
8. 26 Media Contacts
All media inquiries regarding PCI must be referred immediately to the Executive Vice President or President of PCI. Only the Executive Vice President and President are authorized to make or approve public statements on behalf of PCI.
None of PCI' s managers, supervisors, or employees are authorized to speak to the media on behalf of PCI or its customers, vendors, suppliers, independent contractors, or others doing business with the Company, without first contacting and obtaining the approval of the Executive Vice President or President.
Moreover, any employee wishing to write and/ or publish an article, paper, or other publication on behalf of PCI must first obtain approval from the Executive Vice President or President.
8. 27 Workplace Conduct
Although there is no way to identify every possible violation of standards of conduct, the following is a partial list of infractions which may result in corrective action or discipline up to and including termination of employment:
ATTENDANCE AND PERFORMANCE
Failure to perform job duties or work assignments to management' s satisfaction.
Excessive, unexcused absenteeism or tardiness as defined in this Employee Handbook.
Failure to work a shift as scheduled, or arranging your own replacement on a shift without permission from a supervisor or manager.
Job abandonment; leaving a department or work area during work time without permission from a supervisor or manager.
Failure to report to a mandatory meeting or training session without prior authorization from a supervisor or manager.
Refusing to work split shifts, split weeks, or overtime without reasons acceptable to a supervisor or manager.
Failure to report to work on the date scheduled for return from leaves of absence.
Working at another job, without prior authorization from a supervisor or manager, while on a leave of absence from PCI.
VIOLATING POLICY
Violation of any PCI policy, procedure or practice.
Violation of PCI' s safety policies and procedures.
Violation of the PCI' s dress code.
Improper uniform; unkempt appearance.
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Violation of policies regarding employee use of PCI facilities.
Violation of security or safety regulations including unsafe acts, such as improper bending, lifting, twisting etc.
Traffic citations while operating PCI vehicles or conducting PCI work.
Violation of PCI' s Drug and Alcohol Use policy; refusal to take a drug and alcohol test.
Failure to produce a prescription in the employee' s name for a controlled substance.
Conviction of driving under the influence, reckless driving, or hit- and- run driving whether on or off the job, in a Company or personal vehicle.
OFFENSIVE CONDUCT
Violation of PCI' s Equal Employment Opportunity and/ or Harassment Prevention policies.
Displaying any immoral, indecent or degenerate conduct, or soliciting any person for immoral purposes.
Discourteous attitude or behavior to passengers or fellow employees.
Threatening, harassing, disorderly conduct, or physical violence directed toward customers, visitors, vendors or any co- worker, including but not limited to, fighting, taunting, horseplay, throwing objects, possession or use of a weapon, or any other conduct that could cause injury or interfere with the safe operation of the business.
Unprofessional, inappropriate or indecent conduct including the use of profane or abusive language.
Solicitation of gratuities from customers or commenting in any way on the amount of gratuity given.
INSUBORDINATION, FIGHTING, VIOLENCE
Insubordination; refusing to obey a reasonable order of a supervisor or manager.
Possession of any weapons or explosives on PCI owned or managed property, or while in the performance of job duties.
Gambling.
Fighting.
Coercion, intimidation or threats of any kind against any individual.
Sleeping on the job.
THEFT, MISAPPROPRIATION
Theft ( unauthorized removal) or misappropriation ( unauthorized possession, storage, transfer, or utilization) of customer, employee or PCI property.
Failure to maintain accurate and proper accountability and control of cash banks.
Cash shortages or other cash -handling irregularities.
Failing to maintain accurate and proper accountability and control of system funds that come into an employee' s possession.
Excessive or continuous fare variances or other irregularities.
Displaying or counting cash or fares in public view, without prior authorization.
Leaving keys within reach of unauthorized persons.
Taking any work keys, radios or pagers home after work, without prior approval from a supervisor or manager.
BREACH OF CONFIDENTIALITY
Unauthorized disclosure of PCI' s or its customers' confidential business information.
Discussing confidential PCI and/ or customer matters with unauthorized persons.
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MISREPRESENTATION
Supplying false or misleading information regarding qualifications or employment history when applying for employment, or at any time during employment.
Failure to cooperate with any management investigation; providing false information or failing to provide information when accidents are investigated.
Alteration or falsification of work, payroll or time records.
Providing false or misleading information at any time during employment.
MISUSE OR DESTRUCTION OF PROPERTY
Abuse, defacement or destruction of PCI property or the property of any customers or others.
Entering or leaving a work location through any entrance other than the employee entrance, if applicable.
Unauthorized use of PCI vehicles.
Unauthorized parking in customer area.
Unauthorized use of PCI telephones.
Improper use of PCI' s two- way radio system.
Posting written or printed material on Company bulletin boards without authorization from a supervisor or manager.
Taking any work keys, radios or pagers home after work, without a supervisor' s approval.
ADDITIONAL INFRACTIONS APPLICABLE TOBUS AND SHUTTLE DRIVERS Uninsurability as a Vehicle Operator.
Violation of company vehicle operation regulations.
Failure to operate vehicle according to assigned route/ ti meta b le.
Failure of vehicle operator to have in his possession valid, appropriate driver' s license and required endorsement and medical certificate when operating a Company vehicle.
Failure to immediately report any conviction of a moving traffic violation incurred while driving a Company vehicle or personal vehicle.
Failure to immediately report by two-way radio or telephone an accident resulting in property damage or potential bodily injury.
Allowing family, spouse, or friends to ride free as passengers or inappropriately as fare paying passengers.
Two failed ride/ unobserved road checks within a floating 1 2 -month period.
Failure to properly secure a wheelchair or other mobility assistance device.
This list is intended to provide examples only — it is not exhaustive. Nothing in this policy affects an employee' s status as an at -will employee of PCI. Employment with PCI is at -will and may be terminated by the employee or the Company at any time, with or without cause and with or without notice.
Nothing in this policy is intended to restrict or prohibit employees from engaging in protected, concerted activity or conduct under the National Labor Relations Act or Labor Code.
8. 28 Cash Shortages and Overages
PCI expects its employees to exercise great care in receiving money from customers and protecting PCI' s assets. All monetary transactions should be checked and double checked to ensure that the correct amount is charged and that correct change is given to each customer. An employee must report Parking Concepts, Inc. Employee Handbook
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Absent evidence of dishonesty or gross negligence, cash shortages are not recovered back from the employee. However, cash shortages or overages may result in disciplinary action, up to and including termination of employment. When cash shortages or overages occur, PCI generally adheres to the following guideline for disciplinary action:
The first offense may result in verbal counseling or a verbal warning documented in the employee' s personnel file.
The second offense may result in a formal written warning.
The third offense may result in a formal written warning and an unpaid suspension for one or more workdays.
Further offenses may result in immediate termination.
The above levels of discipline are provided as a guideline only and PCI reserves the right to impose a lesser or greater degree of disciplinary action, up to and including termination of employment, for any cash shortage or overage. Repeat offenses within a short period of time may also result in more severe disciplinary action.
Nothing in this policy affects an employee' s status as an at -will employee of PCI. Employment with PCI is at -will and may be terminated by the employee or the Company at any time, with or without cause and with or without notice.
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END OF EMPLOYMENT
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9. 1 Employment Termination
Termination of employment is an inevitable part of personnel activity within any organization and many of the reasons for termination are routine. Below are examples of some of the most common circumstances under which employment is terminated:
Resignation — voluntary employment termination initiated by an employee.
Discharge — involuntary employment termination initiated by the Company.
Layoff — involuntary employment termination initiated by the Company for economic reasons.
Exit interviews are encouraged upon termination of employment. The employee or his/ her supervisor may arrange an appointment with the Human Resources Manager for an interview. At that time, the employee may make any comments regarding his/ her department or the Company. Comments, based on an employee' s firsthand experience can be extremely helpful. The exit interview also affords an opportunity to discuss such issues as employee benefits, insurance conversion privileges, repayment of outstanding debts to the Company, and return of Company- owned property.
Since employment with PCI is at -will and based on mutual consent, both the employee and PCI retain the right to terminate employment at any time, with or without cause and with or without notice.
Employees will receive their final paychecks in accordance with applicable state law.
Employee benefits will be affected by employment termination in the following manner. All accrued but unused vacation will be paid to the employee at the time of separation from employment.
Some benefits may be continued at the employee' s expense if the employee so chooses. The employee will be notified in writing of the benefits that may be continued and of the terms, conditions, and limitations of such continuance.
9. 2 Involuntary Termination and Progressive Discipline Violation of PCI policies and rules may warrant disciplinary action. PCI has established a system of progressive discipline that includes verbal warnings, written warnings and suspensions. The system provides a guideline only and PCI may, in its sole discretion, utilize whatever form of discipline is deemed appropriate under the circumstances, up to and including termination of employment. PCI' s policy of progressive discipline in no way limits or alters the at -will employment relationship.
9. 3 Voluntary Termination
If you find it necessary to resign from employment, you are requested to give advance notice in writing to your supervisor or manager specifying the last day you will be at work. This date will be considered the effective date of your resignation. All employees are asked to give at least two ( 2) weeks' advance notice of the effective date of a resignation, whenever practicable. PCI reserves the right to advance the effective date of resignation up to and including the date notice is given. PCI does not provide pay in lieu of notice.
An employee who fails to report to work for three consecutively scheduled workdays without notice to, or approval by his/ her supervisor or manager, will be deemed to have abandoned his/ her position and voluntarily resigned his/ her employment.
9. 4 Return of Company Property
Upon termination of employment, employees are responsible for returning all Company- owned property and equipment. This obligation applies to all Company- owned property in an employee' s possession or under his/ her control, including but not limited to:
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Signage Mobile Phones
Tickets Walkie Talkies
Identification Badge Uniforms
Keys/ Keycards Company Paperwork and Documents
All Company- owned property must be returned by employees on or before their last day of work.
PCI will take all legal and appropriate actions to recover or protect its property.
9. 5 Employment References
All employment related reference requests should be directed to the Human Resource Department.
Other PCI employees should not provide any information regarding current or former employees to any outside agency, organization, institution or person who is not employed by PCI. Any employee who receives a request for any information concerning a past or present employee of PCI should refer the person making the request to the Human Resources Department:
Parking Concepts, Inc.
Human Resources Department
12 Mauchly, Building I
Irvine, California 92618
Tel.: ( 949) 753- 7525
Fax: ( 949) 450- 2536
PCI' s policy as to references for employees and former employees is to disclose only dates of employment and title of the last position held, unless PCI is required by law to disclose additional information. If an employee authorizes disclosure of wage information in writing, PCI will also provide information regarding an employee' s last salary or wage rate.
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EMPLOYEE ACKNOWLEDGMENT AND
AT -WILL EMPLOYMENT AGREEMENT
Employer Copy]
1. Acknowledgment of Receipt of Employee Handbook.
a) My signature below acknowledges that I have received a copy of the Parking Concepts, Inc. / Transportation Concepts Employee Handbook dated November 2019 ( the " Handbook"). I understand that Transportation Concepts is a division of PCI, that employees of Transportation Concepts are employees of PCI, and that the Handbook applies to all PCI employees. I understand and agree that it is my responsibility as a PCI employee to read and familiarize myself with the policies and procedures contained in the Handbook.
b) I understand that the Handbook summarizes PCI' s current policies, practices and benefits, and that PCI retains the right to add, change, or delete the provisions of the Handbook at any time, with or without notice. The only provisions of the Handbook that cannot be changed by PCI, in its discretion, are the At -Will Employment policy, the At -Will Employment Agreement ( set forth below) and the Mutual Agreement to Arbitrate Claims.
2. At -Will Employment Agreement
a) I understand and agree that my employment with PCI ( including, as applicable, my employment with PCI' s Transportation Concepts division) is strictly at -will and that nothing in the Handbook creates or is intended to create an express or implied contract of continued employment, termination " for cause," or any other guarantee of employment or continued benefits. I understand that I have the right to terminate my employment with PCI at any time, with or without cause and with or without notice. I further understand and agree that PCI has the right to transfer, reassign, suspend, demote or terminate me from employment at any time, with or without cause and with or without notice. b) I understand that except for this At -Will Employment Agreement, the At -Will Employment policy, and the Mutual Agreement to Arbitrate Claims, any and all of PCI' s policies or practices can be changed at any time by PCI, in its sole discretion. PCI reserves the right to change my hours, wages and working conditions at any time. I understand and agree that other than the President of PCI, no manager, supervisor or representative of PCI has authority to enter into any agreement, express or implied, guaranteeing me employment for any specific period of time, or to make any agreement for employment other than at -will employment. Only the President has the authority to make any such agreement and then only in an express, written agreement signed by the President of PCI.
C) My signature below certifies that I understand that the foregoing agreement as to at -will status is the sole and entire agreement between PCI and me concerning the duration of my employment and the circumstances under which my employment may be terminated. It supersedes all prior agreements, understandings and representations concerning my employment with PCI.
Employee' s Signature
Print Name
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EMPLOYEE ACKNOWLEDGMENT AND
AT - WILL EMPLOYMENT AGREEMENT
Employee Copy]
3. Acknowledgment of Receipt of Employee Handbook.
d) My signature below acknowledges that I have received a copy of the Parking Concepts, Inc. / Transportation Concepts Employee Handbook dated November 2019 ( the " Handbook"). I understand that Transportation Concepts is a division of PCI, that employees of Transportation Concepts are employees of PCI, and that the Handbook applies to all PCI employees. I understand and agree that it is my responsibility as a PCI employee to read and familiarize myself with the policies and procedures contained in the Handbook.
e) I understand that the Handbook summarizes PCI' s current policies, practices and benefits, and that PCI retains the right to add, change, or delete the provisions of the Handbook at any time, with or without notice. The only provisions of the Handbook that cannot be changed by PCI, in its discretion, are the At -Will Employment policy, the At -Will Employment Agreement ( set forth below) and the Mutual Agreement to Arbitrate Claims.
4. At -Will Employment Agreement
a) I understand and agree that my employment with PCI ( including, as applicable, my employment with PCI' s Transportation Concepts division) is strictly at -will and that nothing in the Handbook creates or is intended to create an express or implied contract of continued employment, termination " for cause," or any other guarantee of employment or continued benefits. I understand that I have the right to terminate my employment with PCI at any time, with or without cause and with or without notice. I further understand and agree that PCI has the right to transfer, reassign, suspend, demote or terminate me from employment at any time, with or without cause and with or without notice. b) I understand that except for this At -Will Employment Agreement, the At -Will Employment policy, and the Mutual Agreement to Arbitrate Claims, any and all of PCI' s policies or practices can be changed at any time by PCI, in its sole discretion. PCI reserves the right to change my hours, wages and working conditions at any time. I understand and agree that other than the President of PCI, no manager, supervisor or representative of PCI has authority to enter into any agreement, express or implied, guaranteeing me employment for any specific period of time, or to make any agreement for employment other than at -will employment. Only the President has the authority to make any such agreement and then only in an express, written agreement signed by the President of PCI. f) My signature below certifies that I understand that the foregoing agreement as to at -will status is the sole and entire agreement between PCI and me concerning the duration of my employment and the circumstances under which my employment may be terminated. It supersedes all prior agreements, understandings and representations concerning my employment with PCI.
Employee' s Signature
Print Name
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MUTUAL AGREEMENT TO ARBITRATE CLAIMS
I recognize that disputes may arise between Parking Concepts, Inc. ( including but not limited to its Transportation Concepts division) ( collectively, the " Company"), and me both during or following my employment with the Company, and that those differences may or may not be related to my employment. I understand and agree that by entering into this Mutual Agreement to Arbitrate Claims Agreement"), I anticipate gaining the benefits of a speedy, impartial, final and binding dispute resolution procedure.
Except as provided in this Agreement, the Federal Arbitration Act shall govern the interpretation, enforcement and all proceedings pursuant to this Agreement. To the extent that the Federal Arbitration Act is inapplicable, or held not to require arbitration of a particular claim or claims, the arbitration law of the state in which I work or last worked for the Company shall apply.
Claims Covered by the Agreement
The Company and I mutually consent to the resolution by final and binding arbitration of all claims or controversies (" claims"), past, present or future, whether or not arising out of my employment or its termination), that the Company may have against me or that I may have against any of the following: ( 1) the Company, ( 2) its officers, directors, employees or agents in their capacity as such or otherwise, ( 3) the Company' s parent, subsidiary and affiliated entities, ( 4) the Company' s benefit plans or the plans' sponsors, fiduciaries, administrators, affiliates and agents, and/ or ( 5) all successors and assigns of any of them.
The only claims that are arbitrable are those that are justiciable under applicable state or federal law (" Arbitrable Claims"). Arbitrable Claims include, but are not limited to, claims for wages or other compensation due; claims for breach of any contract or covenant ( express or implied); tort claims; common law claims; claims for discrimination, harassment and/ or retaliation ( including, but not limited to, on the basis of race, sex, sexual orientation, religion, national origin, age, marital status, physical or mental disability, or medical condition); claims for benefits ( except claims under an employee benefit or pension plan that either ( 1) specifies that its claims procedure shall culminate in an arbitration procedure different from this one, or ( 2) is underwritten by a commercial insurer which decides claims); and claims for violation of any federal, state, or local law, statute, regulation, or ordinance, including but not limited to, Title VII of the Civil Rights Act of 1964, as amended; the Americans with Disabilities Act; the Family and Medical Leave Act; the Age Discrimination in Employment Act; the Equal Pay Act; the Fair Labor Standards Act; the California Fair Employment and Housing Act, the California Family Rights Act, the California Labor Code, and the California Business and Professions Code. The arbitrator also has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this Agreement.
The Company and I agree that neither of us shall initiate or prosecute any lawsuit or administrative action in any way related to any Arbitrable Claims. Arbitrable Claims do not include the claims discussed in the section of this Agreement entitled " Claims Not Covered by the Agreement." Claims Not Covered by the Agreement
This Agreement does not prohibit the filing of the following: ( 1) a court action for temporary equitable relief in aid of arbitration, where such an action is otherwise available by law; ( 2) an administrative charge to any state or local equal employment opportunity or fair employment practices agency; ( 3) an administrative charge to the National Labor Relations Board; ( 4) an agency charge or complaint to exhaust an administrative remedy; ( 5) a claim covered by the arbitration clause of any applicable collective bargaining agreement; ( 6) a claim brought pursuant to the California Private Attorney' s General Act (" PAGA"); or ( 7) any other charge filed with or communication to a federal, state or local government office, official or agency. This Agreement also does not prohibit the filing of an Parking Concepts, Inc. Employee Handbook
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Claims for workers' compensation or unemployment compensation benefits are not covered by this Agreement.
Class Action Waiver
Under this Agreement, I retain the right to bring Arbitrable Claims for myself as an individual and only for myself. To the maximum extent permitted by law, I hereby waive any right to bring on behalf of persons other than myself, or to otherwise participate with other persons, in any class, collective, or representative action. Notwithstanding the foregoing, I understand that I retain the right to bring claims in court under the California Private Attorney' s General Act (" PAGA"), on behalf of myself and other current or former employees, to recover civil penalties available under PAGA for certain Labor Code violations, and that I retain the right to engage in concerted activity protected by Section 7 of the National Labor Relations Act.
Time Limits for Commencing Arbitration and Required Notice of All Claims Written notice to the Company, or its officers, directors, employees or agents, shall be sent to the Company' s President at the Company' s corporate headquarters in Irvine, California. I will be given written notice at the last address recorded in my personnel file.
The written notice shall identify and describe the nature of all claims asserted, the facts upon which such claims are based and the relief or remedy sought. The notice shall be sent to the other party by certified or registered mail, return receipt requested.
The time limit for serving notice of a claim shall be the statute of limitations under state or federal law, as applicable.
Representation
Any party may be represented by an attorney or other representative selected by the party.
Discovery
Each party shall have the right to take depositions of three fact witnesses and any expert witness designated by another party. Each party also shall have the right to make requests for production of documents to any party and to subpoena documents from third parties. Requests for additional depositions or discovery may be made to the Arbitrator selected pursuant to this Agreement. The Arbitrator may grant such additional discovery if the Arbitrator finds that the party has demonstrated that it needs that discovery to adequately arbitrate the claim, taking into account the parties' mutual desire to have a fast, costeffective dispute - resolution mechanism.
Designation of Witnesses
At least 30 days before the arbitration, the parties must exchange lists of witnesses, including any experts, and copies of all exhibits intended to be used at the arbitration.
Subpoenas
Each party shall have the right to subpoena witnesses ( including third party witnesses) and documents. The Arbitrator shall have the authority to compel discovery from the parties and from third Parking Concepts, Inc. Employee Handbook
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Place of Arbitration
The arbitration shall take place in the county in which I am or was last employed by the Company and no dispute regarding any Arbitrable Claims shall be adjudicated in any other venue or forum.
Arbitration Procedures
The arbitration will be held under the auspices of Judicial Arbitration & Mediation Services JAMS"). The arbitration shall be in accordance with JAMS' Employment Arbitration Rules & Procedures and no other JAMS rules), which are currently available at:
https:// www. jamsadr. com/ rules- employment- arbitration I understand that the Company will supply me with a copy of those rules upon my request. The Arbitrator shall be either a retired judge, or an attorney who is experienced in employment law and licensed to practice law in the state in which the arbitration is convened ( the " Arbitrator"), selected pursuant to JAMS rules or by mutual agreement of the parties.
The Arbitrator shall apply the substantive law (and the law of remedies, if applicable) of the state in which the claim arose, or federal law, or both, as applicable to the claim( s) asserted. The Arbitrator is without jurisdiction to apply any different substantive law or law of remedies. The Federal Rules of Evidence shall apply. The arbitration shall be final and binding upon the parties, except as provided in this Agreement.
The Arbitrator shall have jurisdiction to hear and rule on pre -hearing disputes and is authorized to hold pre -hearing conferences by telephone or in person, as the Arbitrator deems advisable. The Arbitrator shall have the authority to entertain a motion to dismiss and/ or a motion for summary judgment by any party and shall apply the standards governing such motions under the Federal Rules of Civil Procedure.
Either party, at its expense, may arrange for and pay the cost of a court reporter to provide a stenographic record of proceedings.
Should any party refuse or neglect to appear for, or participate in, the arbitration hearing, the Arbitrator shall have the authority to decide the dispute based upon whatever evidence is presented.
Either party upon its request shall be given leave to file a post -hearing brief. The time for filing such a brief shall be set by the Arbitrator.
The Arbitrator shall render an award and written opinion in the form typically rendered in labor arbitrations no later than thirty ( 30) days from the date the arbitration hearing concludes or the post - hearing briefs ( if requested) are received, whichever is later. The opinion shall include the factual and legal basis for the award.
Arbitration Fees and Costs
The Company will be responsible for paying any filing fee and the fees and costs of the Parking Concepts, Inc. Employee Handbook
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DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C Arbitrator; provided, however, that if I am the party initiating the claim, I will contribute an amount equal to the filing fee to initiate a claim in the court of general jurisdiction in the state in which I am ( or was last) employed by the Company. Each party shall pay in the first instance its own litigation costs and attorneys' fees, if any. However, if any party prevails on a statutory claim which affords the prevailing party attorneys' fees and litigation costs, or if there is a written agreement providing for attorneys' fees and/ or litigation costs, the Arbitrator shall rule upon a motion for attorneys' fees and/ or litigation costs under the same standards a court would apply under the law applicable to the claim( s) at issue.
Reconsideration and Review
The Arbitrator shall issue his/ her decision in writing. Either party shall have the right, within twenty 20) days of issuance of the Arbitrator' s decision, to file with the Arbitrator ( and the Arbitrator shall have jurisdiction to consider and rule upon) a motion to reconsider ( accompanied by a supporting brief), and the other party shall have twenty ( 20) days from the date of the motion to respond. The Arbitrator thereupon shall reconsider the issues raised by the motion and, promptly, either confirm or change the decision, which except as provided by law) shall then be final and conclusive upon the parties.
Either party may bring an action in any court of competent jurisdiction to compel arbitration under this Agreement and to enforce an arbitration award.
Interstate Commerce
I understand and agree that the Company is engaged in transactions involving interstate commerce.
Requirements for Revocation
This Agreement to arbitrate shall survive the termination of my employment and the expiration of any benefit plan. It can only be revoked by a writing signed by both the Company' s President ( or, if none, its highest- ranking official) and me, specifically stating an intent to revoke this Agreement.
Sole and Entire Agreement
This is the complete agreement of the parties on the subject of arbitration of disputes, except for any arbitration agreement in connection with any pension or benefit plan. This Agreement supersedes any prior or contemporaneous oral or written understandings on the subject. No party is relying on any representations, oral or written, on the subject or the effect, enforceability or meaning of this Agreement, except as specifically set forth in this Agreement.
Construction and Severability
If any provision of this Agreement is adjudged to be void or otherwise unenforceable, in whole or in part, such adjudication shall not affect the validity of the remainder of the Agreement. All other provisions shall remain in full force and effect based on the parties' mutual intent to create a binding agreement to arbitrate their disputes.
Consideration
The promises by the Company and by me to arbitrate any claims asserted against each other, rather than litigate them before courts or other bodies, provide consideration for our agreement to Parking Concepts, Inc. Employee Handbook
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At -Will Emplovment
This Agreement is not, and shall not be construed to create, a contract of employment for any specified term, express or implied. This Agreement does not in any way alter the stat will" status of my employment.
Voluntary Agreement
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS AGREEMENT, THAT I UNDERSTAND ITS
TERMS, THAT ALL UNDERSTANDINGS AND AGREEMENTS BETWEEN THE COMPANY AND ME RELATING
TO THE SUBJECTS COVERED IN THE AGREEMENT ARE CONTAINED IN IT, AND THAT I HAVE ENTERED
INTO THE AGREEMENT VOLUNTARILY AND NOT IN RELIANCE ON ANY PROMISES OR REPRESENTATIONS BY THE COMPANY OTHER THAN THOSE CONTAINED IN THIS AGREEMENT ITSELF.
I UNDERSTAND THAT BY SIGNING THIS AGREEMENT I AM GIVING UP MY RIGHT TO A JURY TRIAL WITH RESPECT TO ARBITRABLE CLAIMS.
I FURTHER ACKNOWLEDGE THAT I HAVE BEEN GIVEN THE OPPORTUNITY TO DISCUSS THIS
AGREEMENT WITH MY PRIVATE LEGAL COUNSEL AND HAVE AVAILED MYSELF OF THAT OPPORTUNITY TO THE EXTENT I WISH TO DO SO.
EMPLOYEE
Signature of Employee
Printed Name of Employee
Date
ACKNOWLEDGED AND AGREED:
PARKING CONCEPTS, INC.
Signature of Authorized
Company Representative
Print Name of Representative
Date
Parking Concepts, Inc. Employee Handbook
Rev. 12/ 19) 87
DocuSign Envelope ID: FOAE48A4- 0155- 43D2- AOD2- 73ODBE4B909C r
TRANSPORTATION CONCEPTS
Proposal to the City ofRedondo Beach ; eno da
N Training Programs
Vehicle Operator Training
Training, at Transportation Concepts, is a comprehensive program that encompasses new driver training, orientation to the safety policy of the company, and regular, ongoing in-service training for all existing employees. Using the company' s proprietary Driver Training program, which has been developed using the TAPTCO Transit and Paratransit driver training program, along with additional Transit materials from the Transportation Safety Institute (TSI), APTA, and the National Safety Council.
TAPTCOM
The key elements in our operating procedures are the concern our professional bus operators demonstrate for the safety and comfort of their passengers, and the drivers effective technical performance in operating the equipment, coupled with orientation to the safety policy of our company, and regular, ongoing in-service training for all existing employees. Our training program will continue to be conducted by TSI Certified Trainer Richard Gwin. Richard will ensure that all training requirements, including all company policies and procedures, contractual requirements, and those required by regulatory agencies governing transit in the State of California are carried out
The following is a breakdown of the Driver Training program:
Driver Classroom Train
We begin our classroom training with 8 hours of company orientation. This is followed by an additional 40 hours for employees without previous transit training. This is an intense technical training program using the TAPTCO Training System however it has been enhanced and customized for the BCT operations. If the new hire driver is already an experienced transit driver, we will reduce the classroom training time down, depending upon the Trainers assessment of the individual, however a minimum of 32 hours are required for all experienced vehicle operators that we hire.
Behind the Wheel Training
Behind the Wheel Training also follows the TAPTCO driver training program. We have enhanced the program to include specific elements specific to the BCT operation. For new drivers, we require that they complete the 40 hour program. Experienced drivers will complete a minimum of 8 hours of BTW however, depending on the assessment of our trainer, the behind the wheel instruction may continue up through the entire 40 hour program.
In -Service Training
In service training is conducted with one of our certified behind the wheel drivers. A new driver without experience will be required to complete 40 hours of operating the bus in service with an experienced evaluator. For those new hire drivers with previous certifications / experience, we require a minimum of 32 hours of in-service training with an experienced BTW evaluator.
Operation and Maintenance ofBeach Cities Transit