CORPORATE EMPLOYEE HANDBOOK 2016 - … Corporate Employee...JOB PERFORMANCE Probationary Period ......

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1 CORPORATE EMPLOYEE HANDBOOK 2016

Transcript of CORPORATE EMPLOYEE HANDBOOK 2016 - … Corporate Employee...JOB PERFORMANCE Probationary Period ......

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CORPORATE EMPLOYEE HANDBOOK

2016

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WELCOME TO LANDMARK INDUSTRIES

Dear Employee:

Landmark Industries welcomes you to our rapidly growing company. The more we grow and

diversify, the more we need dedicated, hardworking employees to grow with us.

Our reputation as an industry leader, second to none, is well reflected by our enthusiastic and

successful employee team. Our commitment to you is a great career with ongoing opportunities.

Thank you and welcome aboard.

Stephen Dujka

Comptroller

Publication Date: August 2016

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TABLE OF CONTENTS

WELCOME TO LANDMARK INDUSTRIES …………………………………………2

PURPOSE OF EMPLOYEE HANDBOOK ................................................................3

ABOUT LANDMARK INDUSTRIES ............................................................................7

COMPANY STRUCTURE ....................................................................................................7

OUR PLEDGE TO YOU ....................................................................................................7

CULTURE & VALUES ....................................................................................................8

LANDMARK’S EXPECTATIONS OF THE EMPLOYEE ……………....................8

EMPLOYMENT HIRING PRACTICES

Equal Opportunity Employer ....................................................................................................9

Business Ethics …………………………………………………………………………9

Sexual Or Other Unlawful Harassment ..……………………………………….……9,10

Anti-Retaliation ……………………………………………………………………..…10

At-Will Employment ..............................................................................................................10

Americans With Disabilities Act ………………………………………………………..10

Lactation Breaks ………………………………………………………………………..11

Employee Information Changes ......................................................................................11

Hiring of Relatives & Relationships Between Employees ..................................................11

Rehires ..........................................................................................................................11

Full-Time / Part-Time Status ……………………………………………………………......12

Outside Employment ..............................................................................................................12

TERMINATION PRACTICES

Resignation ...........................................................................................................................12

Termination ...........................................................................................................................12

Final Pay / W-2 ...............................................................................................................12

COMMUNICATIONS

Open Door Policy ...............................................................................................................13

JOB PERFORMANCE

Probationary Period ...............................................................................................................14

Employee Training ………………………………………………………………………...14

Performance Review / Pay Increases .......................................................................................14

Progressive Discipline & Standards of Conduct ..........................................................14,15

Promotion From Within ...................................................................................................15

PAYROLL PRACTICES

Work Schedule ...............................................................................................................16

Attendance / Absenteeism / Calling In Sick ...........................................................................16

Time Off During Working Hours ………………………………………………………...16

Overtime ...........................................................................................................................16

Payday .......................................................................................................................................16

Payroll Deduction ………………………………………………………………………...17

Check Cashing Policy ...............................................................................................................17

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WORKPLACE PRACTICES

Parking ...........................................................................................................................18

Smoking Policy ...............................................................................................................18

Lunch / Breaks ...............................................................................................................18

Visitors & Telephone Calls ...................................................................................................18

Cell Phones ………………………………………………………………………………...18

Telephone Courtesy ...............................................................................................................18

Personal Appearance ...............................................................................................................18

Dress Code ………………………………………………………………………………...19

Attire for Women ...............................................................................................................19

Attire for Men ...............................................................................................................19

Prohibited Attire For All Employees ………………………………………………………...19

Caps & Hats ...........................................................................................................................19

Jewelry Standards ...............................................................................................................20

Tattoos ………………………………………………………………………………...20

Firearms & Weapons …...........................................................................................................20

Emergency Situation & Closings .......................................................................................20

Social Media …………………………………………………………………………..…20,21

Release of Information………..................................................................................................21

Media ………………………………………………………………………………………...21

Confidentiality ………………………...........................................................................21

Solicitation & Distribution ………………………………………………………………...22

Substance Abuse .....................................................................................................22,23,24

Personal Property ...............................................................................................................24

Company Equipment / Property .......................................................................................24

Employee Theft ...............................................................................................................24

Failure To Follow Company Policies & Procedures ………………………………………...24

STATEMENT OF HONESTY & INTEGRITY ………………………………………...25

BENEFITS

Group Health Insurance ………………………………...................................................26

Flexible Spending Account ...................................................................................................26

401(k) Plan ...........................................................................................................................26

Accrued Personal Days Off ..............................................................................................26,27

Bereavement Pay ...............................................................................................................27

Jury Duty ………………………………………………………………………………...28

Voting ………………………………………………………………………………………...28

Family & Medical Leave Act …………………………………………………………..…28,29

Additional Military Leave ……………………………………………………………..….30

Personal Leave ………………………………………………………………..…….…30

Workers Compensation …………………………………………………………..…30,31

SAFETY

Safety & Health Policy Statement ………………………………………………………...32

On-The-Job Injuries …………………………………………………………………..…32,33

Safety Manual ………………………………………………………………………………...33

No Heroes Policy ………………………………………………………………………...33

Clean & Safe Floors ………………………………………………………………………...33

Emergency Action Plan ...................................................................................................34

Evacuation Route ...............................................................................................................34

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Refuge or Safe Areas ...............................................................................................................34

Emergency Warden ...............................................................................................................34

Declaring An Emergency ...................................................................................................34

Fire Safety ...........................................................................................................................34

First Aid ...........................................................................................................................35

Avoid Back Injury - Lifting ...................................................................................................35

Handling Trash ...............................................................................................................35

Avoiding Electrical Shock ...................................................................................................35

A GENERAL STATEMENT ………………………………………………………...36

FINAL COMMENT ...............................................................................................................36

EMPLOYEE HANDBOOK RECEIPT & ACKNOWLEDGMENT ...........................37

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PURPOSE OF EMPLOYEE HANDBOOK

This handbook is intended for use by employees of Landmark Industries. It provides information

on many of the company’s benefits, policies and procedures and is to be used as a helpful guide.

If you have any questions after you have read this handbook, make sure you ask your supervisor.

Sometimes our economy or business conditions will change. We, as a company must be able to

respond to these situations to remain successful. Therefore, new policies and procedures may be

added and existing ones modified or deleted. You will be notified if a change affects you. It is

your responsibility to follow any changes in policy or procedure. Changes to policy may only be

made at the corporate level. If any part of this handbook is found to be unenforceable and

invalid, the rest of our policies and procedures will still remain valid.

To help you get to know us, it is important that you read this handbook carefully. It will explain

how we do things, what you can expect from us and what we expect from you. The information

in this handbook is not a promise or contract between Landmark Industries and you, and does not

change your status as an at-will employee. At-will employment is explained later in this

handbook. Employment with Landmark Industries is based on mutual consent. Both you and

Landmark Industries have the right to end your employment at-will, with or without cause, at any

time. If you have any questions after reading the handbook, please contact your supervisor for

clarification.

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ABOUT LANDMARK INDUSTRIES

Landmark Industries (hereafter referred to as “The Company”) consists of several retail and

wholesale interests. The Company’s primary business is Timewise Food Stores, a chain of

convenience stores/gasoline outlets. Many of our stores offer a fast food full service deli. As a

gasoline wholesaler, the Company sells Chevron, Exxon/Mobil and Shell branded gasoline to

many independent operators. We have an agreement with McDonald’s to co-brand facilities

throughout Texas. We are an industry recognized leader in convenience store design and

construction, and we often do consulting and new store construction for others.

COMPANY STRUCTURE

The corporate offices of the Company and its various entities are located in Houston, Texas.

There are four senior executives who supervise and guide the direction of the company:

Kent Brotherton Marshall Dujka Steve Dujka Bob Duff

The Operations Manager oversees all areas regarding operations in our company managed stores.

Reporting to the Operations Manager is a Zone Manager, along with District Managers and

Territory Managers who are responsible for multiple locations. A Food Service Category

Manager oversees our fast food Deli program. The individual stores have Location Managers

who are responsible for the successful operation of their stores and the supervision of store

employees.

Corporate employees provide support for our stores in accounting, auditing, management

information systems, marketing, merchandising, training and loss prevention, as well as other

departments dedicated to making our company successful.

Everyone on our management team has the same mission, and that is to help our stores be the

best in the business. They depend on you “the employee” to get the job done. The success of the

Company is built around employees who care and have pride in themselves and their work. As a

member of our company, you can give your talents, energy and positive attitude to help us as we

grow. In return, we will give you the chance to learn, move ahead and grow with us.

OUR PLEDGE TO YOU

To treat every employee fairly and without discrimination as to race, color, national origin,

religion, gender, age, disability, pregnancy, genetic information, veteran status or any other

protected class in accordance with all applicable federal, state or local laws governing non-

discrimination in employment in every company location.

To give employees the opportunity to train and learn job skills, to appraise their job

performance in a fair, concise and timely manner, to let them know where they have succeeded

and where they must improve, and to administer discipline only when warranted.

To promote from within the company, whenever qualified persons are available, and to award

excellence with advancement.

To provide a clean, safe workplace.

To comply with all applicable federal, state and local laws affecting employees.

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CULTURE AND VALUES

The Company has certain beliefs and values that create a culture that touches every part of our

business. As a member of our team, you need to act in a manner that represents our culture. In

doing so, you help build trust and respect between you and your coworkers, our suppliers and the

communities we serve.

Our values determine our actions and decisions as we work together with others. The following

points are values of the Company.

LEADERSHIP - We want to be a leader in everything we set out to do. We want our team

members to feel the same desire. The use of imagination and ingenuity to solve problems or find

better ways to do our job is always encouraged and appreciated. We are not afraid of change, as

it often keeps us fresh and on our toes.

INTEGRITY - Integrity should always be the basis for our choices and actions. We should

support each other, our vendors and our customers, treating their needs and requests with respect

and a sense of urgency.

HAVE FUN - To be successful, you must enjoy what you are doing and do what you enjoy.

Enthusiasm and a positive attitude are contagious.

MAKE A PROFIT - We must never lose sight of the fact that the Company’s growth and ability

to make a profit are the key measurements of our success.

LANDMARK INDUSTRIES EXPECTATIONS OF THE EMPLOYEE

You represent the Company. To be a successful representative of the Company, there are certain

expectations that you must fulfill which include the following:

ACCOUNTABILITY – Accept responsibility for everything you do and for which you are

accountable.

RELIABILITY - We rely on you as an employee. You must be reliable in your attendance and

in the performance of your duties.

DEPENDABILITY - Your fellow employees depend on you to work your assigned hours and to

show up on time. When you are absent or late, someone else must do your job. Employees

depend on one another to make the team successful.

FLEXIBILITY - The Company is a rapidly changing company. We need you to be flexible to

changes in your job description. Your flexibility to change with the needs of the Company will

enhance your opportunities for success.

HONESTY - Honesty is the best policy. Do not compromise yourself or your job by being

dishonest.

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EMPLOYMENT HIRING PRACTICES

EQUAL OPPORTUNITY EMPLOYER – The Company provides equal opportunities (EEO)

to all employees and applicants for employment without regard to race, color, religion, national

origin, age, disability, pregnancy, genetic information, veteran status or any other protected class,

in accordance with all applicable federal, state, and local laws governing non-discrimination in

employment in every company location. This policy applies to all terms and conditions of

employment, including, but not limited to hiring, placement, promotion, termination, layoff,

recall, transfers, leaves of absence, compensation and training. The success of our organization

requires that we attract and develop all available talent to the fullest possible extent. Every

member of management has the responsibility of assuring equal employment opportunity for

everyone, regardless of position, and we ask all employees to support this policy.

The Company expressly prohibits any form of unlawful employee harassment based on any

protected class, as described above. Improper interference with the ability of our employees to

perform their expected job duties is absolutely not tolerated.

BUSINESS ETHICS - The Company is committed to maintaining a high standard of business

ethics. Business ethics means that all of the Company’s business dealings are conducted with

honesty, integrity and fairness. As an employee of the Company, it is your obligation to

safeguard the Company’s reputation.

Business ethics include:

Following the highest ethical and legal standards;

Keeping accurate company records using accepted accounting principles and practices and

other internal controls;

Asking that all employees avoid activities and situations that may create, or even appear to

create, conflict of interests with that of the Company

Keeping all company records and employee information confidential (such as medical,

disciplinary or pay)

Failure to uphold the Company’s business ethics may be grounds for disciplinary action, up to

and including termination.

SEXUAL OR OTHER UNLAWFUL HARASSMENT – The Company, consistent with its

commitment to Equal Employment Opportunity Laws, will not tolerate nor condone in any

manner the harassment of any employee. The objective of this policy is to provide a work

environment that fosters mutual respect and working relationships free of harassment. The

Company specifically prohibits any form of harassment by or toward employees, vendors,

contractors or customers.

For purposes of this policy, sexual harassment is defined as unwelcome sexual advances,

requests for sexual favors, other verbal or physical conduct of a sexual nature (including jokes),

and displaying sexually explicit photographs or objects; and harassment is defined as any

inappropriate conduct, which has the purpose or effect of:

Creating and intimidating, hostile, or offensive work environment;

Unreasonably interfering with an individual’s work performance; or

Affecting an individual’s employment opportunity

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Forms of harassment include, but are not limited to, unwelcome verbal or physical advances and

sexually, racially, or otherwise derogatory or discriminatory materials, statements or remarks.

It is the company policy that any employee possessing knowledge of harassment to or by an

employee(s) of the company shall immediately report this information to your supervisor. If the

supervisor is unavailable or you believe it would be inappropriate to contact that person; you

should immediately contact the Human Resources Department or a member of Senior

Management. Failure to report harassment will result in disciplinary action up to and including

the immediate termination of the employee.

All allegations of harassment will be promptly and thoroughly investigated in a timely and

confidential manner. Any employee found to be engaging in sexual or other unlawful harassment

will be subject to disciplinary action, up to and including termination of employment.

ANTI-RETALIATION – The Company also absolutely prohibits retaliation, which includes:

threatening an individual or taking any adverse action against an individual for (1) reporting a

possible violation of this policy, or (2) participating in an investigation conducted under this

policy.

Our supervisors and managers are covered by this policy and are prohibited from engaging in any

form of harassing, discriminatory, or retaliatory conduct. No supervisor or other member of

management has the authority to suggest to any applicant or employee that employment or

advancement will be affected by the individual tolerating (or refusing to tolerate) conduct or

communication that might violate this policy. Such conduct is a direct violation of this policy.

Any employee who experiences or observes retaliation should report it using the steps listed in

this policy.

AT-WILL EMPLOYMENT - The Company is an at-will employer. This means that regardless

of any provision in this Handbook, either you or the company may terminate the employment

relationship at any time, for any reason, with or without cause or notice. The company will have

total flexibility to increase or decrease the work force to accommodate business conditions.

Employment with the Company is based on mutual agreement and each party has the right to end

employment at-will, with or without cause, at any time. No manager, supervisor or employee has

any authority to enter into an agreement for employment for any specified period of time or to

make any agreement for employment other than at-will.

AMERICAN WITH DISABILITIES ACT – Our Company is committed to providing equal

employment opportunities to qualified individuals with disabilities. This may include providing

reasonable accommodation where appropriate in order for an otherwise qualified individual to

perform the essential functions of the job. It is your responsibility to notify your supervisor of

the need for accommodation. Upon doing so, your supervisor may ask you for your input or the

type of accommodation you believe may be necessary or the functions limitations caused by your

disability. Also, when appropriate, the Company may need your permission to obtain additional

information from your physician or other medical or rehabilitation professionals. The Company

will not seek genetic information in connection with requests for accommodation. All medical

information received by the Company in connection with a request for accommodation will be

treated as confidential.

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LACTATION BREAKS – The Company 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 up

to one year of age; unless additional time is required by law. The break time should, if possible,

be taken concurrently with other break periods already provided. Non-exempt employees should

clock out for any time taken that does not run concurrently with normally scheduled rest periods,

and such time generally will be unpaid in accordance with the law. The company will also make

a reasonable effort to provide the employee with the use of a room or other location in close

proximity to the employee’s work area, for the employee to express milk in private.

Employees should notify their supervisor to request time to express breast milk under this policy.

No provision of this policy applies or is enforced if it conflicts with or is superseded by any

requirement or prohibition contained in a state of local law, or regulation. Anyone with

knowledge of such a conflict or potential conflict should contact Human Resources.

EMPLOYEE INFORMATION CHANGES – It is extremely important that we keep all of our

employee records current. Inform you supervisor of any changes that need to be made to any of

the following personal information: name, home address, contact phone number, marital status,

status affecting your right to work in the United States, emergency contact name and contact

information, number of dependents, military status, or beneficiary designee. It is your

responsibility to make sure that Human Resources has the most current and reliable

information concerning you.

HIRING OF RELATIVES AND RELATIONSHIPS BETWEEN EMPLOYEES - The

Company’s goal is to hire the best person for the job and that may be the relative of an employee.

If you and members of your immediate family (any person related by blood or marriage) are

working for the Company, you may not supervise one another, nor may you both work in a

situation where one of you can affect the employment status of the other.

Employees who are related to each other may not work for the same manager or in the same

department. Management must approve exceptions due to business needs. Anticipating these

types of situations prevents conflicts and problems in areas, such as favoritism, employee morale,

etc.

Employees must keep their business relationships with coworkers professional, so that their

ability to do their work will not be compromised. The Company strongly discourages close

personal relationships between employees. If you have, or develop a familial or intimate

personal relationship with another employee who has immediate or higher supervisory authority

over you, or whom you have immediate or higher supervisory authority over, you must

immediately bring your relationship to the attention of the Human Resources Department.

Failure to follow this policy may result in disciplinary action up to and including termination of

employment. Dating is strictly prohibited between employees in the same department.

REHIRES – Some previous Company employees may be rehired. It is required that all previous

employed applicants be approved for employment prior to beginning work. Approval will

require verification of prior discharge, reason for discharge and authorization by management.

Rehires must go through the pre-employment process including criminal background check.

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FULL-TIME/PART-TIME STATUS - The Company policy defines a full time employee as

any individual who works and average of thirty (30) or more hours per week. For policies and

benefits requiring full-time employee status, an employee’s weekly average will be computed

based on hours worked during the previous twelve (12) month period to determine eligibility.

OUTSIDE EMPLOYMENT – Employees are not permitted to work for any company that is a

competitor of the Company’s convenience stores. Any kind of involvement with a business

similar to the Company must have prior written approval by management. Full time employees

are discouraged from holding another full time position. If an employee has other employment,

they must notify the Company of the other employer, their duties with the other employer and the

time of their employment. Violation of this policy could result in disciplinary action, up to and

including termination. Students who are attending school full time are also discouraged from

holding full time positions as well.

Other work that affects your job performance, conflicts with your regular working hours,

interferes with your responsibilities at work, or involve the use of the company’s resources is not

permitted.

TERMINATION PRACTICES

RESIGNATION - Employees who want to resign are asked to give their supervisor a written

two (2) week notice of resignation.

TERMINATION - You can be terminated for violation of company policies and procedures,

insubordination, excessive absenteeism, etc.

FINAL PAY / W-2 - Whether you resign or are terminated, your final paycheck will be paid in

accordance with state and/or federal laws. The Company is required by law to deduct from your

pay your federal withholding tax, social security tax and any amount for which the Company

receives a writ of garnishment, which may include child support you owe. Your year-end tax

statement (W-2) will be sent to your last known address. Please contact the payroll department

of any changes to your address.

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COMMUNICATIONS

We place a great deal of emphasis on open communication. We rely on your close relationship

with your supervisor to help us accomplish this. In addition, we recognize the need to keep

everyone informed about developments within the Company, changes that may affect work

requirements and expectations for the future.

Our Company wants us to stay in touch with each other and with Company information, so a

number of programs have been developed which help us meet our communication objectives.

OPEN DOOR POLICY - We believe our work conditions, benefits and wages, are competitive

with other employers in our market and industry. If you are ever unhappy about work conditions

or pay, you are strongly encouraged to talk about these openly with your direct supervisor.

We truly want our employees to be happy, and will try to solve any problems or answer any

questions you may have. The Company encourages open communication and believes that any

issues that arise can best be resolved within the Company. Open and direct communication

between you and your management will build both trust and respect.

To best address your concerns or comments you should meet with your immediate supervisor. In

those instances where your supervisor is unable to satisfy your concerns or where the issue

involves your supervisor, you should notify the person to whom your supervisor reports. Again,

if you are dissatisfied with the outcome of this discussion, you may follow the communication

chain as outlined.

1. Supervisor

2. Request meeting with your Supervisor and their Supervisor

Although the Company encourages employees to follow the above communication chain,

employees may also discuss issues relating to work conditions with the Human Resources

Department at any time. The Company recognizes that not every problem can be resolved to

everyone’s total satisfaction, but through understanding and open discussion, you and your

supervisor can develop trust and confidence in each other.

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JOB PERFORMANCE

PROBATIONARY PERIOD - As a new employee, you will be required to complete a

probationary period of ninety (90) calendar days. This time allows you to adjust to your new job

and provides an opportunity for your supervisor to evaluate your progress. During this ninety

(90) day probationary period, the Company may terminate your employment at any time if it is

determined that you are not suited for this work environment or due to lack of ability to do the

work. However, even after the probationary period, all employment is at-will and may be

terminated by either party at any time for any or no reason. Employment beyond the

probationary period should not be deemed a contract of employment or result in any heightened

expectation of continued employment.

The Company is only as good as the team that runs it. So learn to make good, efficient use of

your time. Some of these duties include but are not limited to:

Being courteous and professional with fellow employees

Respecting supervisors and following their work directives

Completing daily paperwork

Following company policy and procedures

EMPLOYEE TRAINING – All Company employees will receive detailed and thorough

training in order to better perform their job duties and to be successful.

PERFORMANCE REVIEW / PAY INCREASES - You will have employee evaluations

during which you and your supervisor can discuss your work performance, job satisfaction and

any job related areas needing improvement. We believe these reviews give you feedback,

coaching and clear expectations that will help you be successful. Your performance is evaluated

on important factors such as Productivity, Quality of Work, and Work Habits. You will be

provided a copy of your review at your evaluation that will tell you what we expect from you.

The performance reviews will normally be conducted on an annual basis or until pay scale

benchmarks are met.

THE EVALUATION PROCESS DOES NOT NECESSARILY ENTITLE AN EMPLOYEE

TO A PAY INCREASE. EVALUATIONS ARE MANDATORY. PAY INCREASES ARE

DISCRETIONARY. SOME EVALUATIONS WILL NOT OCCUR SIMULTANEOUSLY

WITH PAY INCREASES.

PROGRESSIVE DISCIPLINE AND STANDARDS OF CONDUCT – The purpose of this

policy is to outline what the Company expects from its employees in terms of appropriate

behavior and work performance. Employees who violate the work rules are subject to

disciplinary action, up to and including termination.

Types of behavior and conduct that the Company considers inappropriate include, but are not

limited to, the following:

Violating state, federal or local laws and regulations;

Failure to perform your job duties to the best of your ability and to the standards as set forth

in the job description, or as otherwise established;

Insubordination and/or refusal to do assigned work;

Violating company cell phone policy by using personal cell phone during working hours;

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Falsifying of Company documents and/or records, or documents required by law;

Providing false information to the Company regarding job applications, injuries, accidents or

incidents in the workplace;

Being under the influence of alcohol or drugs in violation of Company policy;

Negligence, indifference or willful misconduct resulting in loss, damage or destruction of

Company property;

Working in an unsafe or dangerous manner, violating security or safety rules, or failing to

observe safety rules or the Company safety practices;

Excessive absenteeism or tardiness;

Soliciting gratuities from vendors or customers

Engaging in gambling, disorderly or immoral conduct while on Company premises or

business;

Verbal or physical altercations, intimidating behavior or threats of violence;

Unauthorized use of Company equipment, supplies, funds or time;

Violating fiduciary duties owed to the Company, misappropriating or disclosing proprietary

information/trade secrets in violation of applicable law or engaging in unfair competition

under applicable law;

Theft of Company food, property or funds

To help employees improve their performance, a three-step process is typically followed:

1. First Counseling (verbal)

2. Second Counseling (written)

3. Final Action or Resolution

Should an employee’s performance or work habits, become unsatisfactory based on violations of

the above or for other reasons, the employee will be subject to disciplinary action, up to and

including termination. The Company is not obligated to follow the above progressive discipline

process. Depending on the nature and the severity of an employee’s offense or violation of

Company policy or rule, the Company, in its sole and absolute discretion, may take whatever

action it may deem appropriate under the circumstances, including immediate suspension or

termination and/or bypassing one of the above steps.

Employee understands that if written counseling is required for any reason the employee is

required to acknowledge and sign said counseling report; a signature is a representation of your

acknowledgement of receipt of the counseling, the time and place of the counseling and the

reason for the counseling. Failure to sign the counseling form may result in further disciplinary

action up to and including termination of employment.

PROMOTION FROM WITHIN - The Company believes in promoting from within and

provides employees with the opportunity to advance as far as their skills and abilities take them.

Promotions are based upon proven ability, not seniority. Promotions occur at all levels of

operation. Opportunities also exist in other support areas of the Company. If you are interested

in advancement opportunities, speak to your immediate supervisor. MAKE YOUR

INTENTIONS KNOWN.

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PAYROLL PRACTICES

WORK SCHEDULES - Your supervisor will inform you of the schedule you will be expected

to work. Instances may occur where you will be expected to work different hours than originally

scheduled. Regular business hours are Monday through Friday from 7:30 a.m. until 4:30 p.m.

It is company policy that if you are unable to work your scheduled hours, you must call and speak

to your supervisor personally by 7:30 a.m. or by your scheduled work hours, in case there are

some business matters pertaining to your job that need to be handled. Any violation of this

policy is subject to disciplinary action, up to and including termination.

ATTENDANCE AND ABSENTEEISM - Your attendance is important to the efficiency of

Company business.

It is extremely important that you report to work as scheduled. Being on time is mandatory.

You should always have another source of transportation lined up if your first method of

transportation fails. We need you here on time.

Frequent tardiness, leaving work early and/or absences may be grounds for disciplinary

action, up to and including termination.

If you miss work without properly notifying your supervisor, or leave work without

permission, it will be understood that you have voluntarily resigned.

If you are sick and cannot work, you must call and personally speak to your manager by 7:30

a.m. or by your scheduled work hours. You may be asked to provide a doctor’s statement of

absence.

TIME OFF DURING WORKING HOURS - The Company policy and procedure for making

up time lost for going to doctor appointments, school meetings, family related appointments, etc.,

is that you exhaust your accrued personal time off first, then we will consider compensatory time.

Any requests for time off, need to be given to your supervisor for approval prior to you taking the

time off.

OVERTIME - Sometimes we may need you to work overtime. All overtime must be pre-

approved for non-exempt employees by your supervisor. Our overtime pay is time and one-half

of an employee’s regular rate of pay for hours worked in excess of 40 hours in a work week, and

is paid to all non-exempt employees following federal and state wage and hour restrictions.

Overtime pay is based on actual time worked. Personal time off or any leave of absence will not

be counted as hours worked when calculating overtime. If you have any questions concerning

overtime pay, contact Human Resources.

You will face disciplinary action if working overtime has not been pre-approved by your

supervisor in advance.

PAYDAYS – Corporate Company employees are paid semi-monthly, with the following pay day

schedule of:

Work days from the 1st through the 14th of each month – Pay day is the 15th

of the month

Work days from the 15th through the 30th of each month – Pay day is the 1st of each month

If the 1st or the 15th falls on a weekend, you will be paid on Friday

Employees may choose direct deposit or payroll card in order to receive their pay

17

PAYROLL DEDUCTIONS – The Company is required by law to make certain deductions

from your paycheck each pay period. Such deductions typically include federal, state and local

taxes and Social Security (FICA) taxes. Depending on the state in which you are employed and

the benefits you choose; there may be additional deductions. All deductions and the amount of

the deductions are listed on your pay stub. These deductions are totaled each year for you on

your Form W-2, Wage and Tax Statement.

CHECK CASHING POLICY - Employees are not allowed to cash payroll or personal checks

for any reason at any of the Company convenience stores.

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WORKPLACE PRACTICES

PARKING - Follow the building management parking rules and do not park illegally. There

may be a possibility that your car will be towed at your expense.

SMOKING POLICY - The city ordinance prohibits smoking in the office building.

Smoking is permitted outside of the building in designated areas. Designated smoking areas

are a minimum of 25 feet from the building entrance.

Building management requires you to dispose of your cigarette butts in the provided trash

containers.

E-cigarettes are treated as cigarettes and subject to the same policies.

Smoking is only allowed during designated break times.

LUNCH & BREAKS - The following is Company policy for lunch and breaks:

Lunch: You get (1) one hour for lunch that is designated by your supervisor. There is to be no

eating at your desk.

Breaks: The provision of breaks is not mandated by either State or Federal Labor laws. The

Company, however, allows (2) two ten minute breaks per day.

VISITORS & TELEPHONE CALLS - The telephone is for business and emergency use only.

Limit your personal phone calls to a minimum. Personal visits by friends and family members

are not allowed.

CELL PHONES/ELECTRONIC DEVICES – Cell phones/Electronic Devices are not

allowed to be used while working unless applicable to your job. That includes cell phones,

tablets, Bluetooth devices, MP3 players, IPod or another type of electronic devices.

TELEPHONE COURTESY - Telephone courtesy is very important and represents part of our

commitment to providing the best experience available in the retail industry. The image of the

Company and the franchisers we represent are reflected by the manner in which we conduct our

telephone transactions.

PERSONAL APPEARANCE - You should always be aware of how you appear while you

work. A professional and polished look will inspire confidence in our business and in you.

Proper grooming includes:

Hair – Hair should be neat, clean and professional. No extreme styles or unnatural color.

Nails - Finger nails should be neatly trimmed, clean and manicured.

Beards & Mustaches –. Facial hair should be shaved daily unless an employee is growing a

beard or mustache. Mustaches and beards must be clean, neatly trimmed and of reasonable

length.

Oral Hygiene - Teeth should be brushed daily. The use of mouthwash is encouraged.

Body - Showers/Baths should be taken daily and the use of deodorant / antiperspirant is

encouraged.

Makeup - Light, natural looking makeup allowed for female employees

Extremes in any area of appearance are not allowed.

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EXPRESS YOURSELF OFF THE CLOCK.

DRESS CODE – Company employees should reflect an appropriate business image at all times. All

clothing is not suitable for the office, and the following guidelines reflect what is generally acceptable

and not acceptable work attire. However, this list is not all-inclusive, as no dress code can cover all

contingencies. Furthermore, all clothing should be clean and in good condition. If you have any

question on the appropriateness of your attire, consult with your supervisor before wearing it.

All attire is subject to the discretion, judgment and/or opinion of management as to the appropriateness

and/or compliance with the following rules. Management may exercise discretion to determine

appropriateness in appearance. Employees who do not meet a professional standard may be sent home to

change and employees will not be paid for that time off. For that reason, it is imperative that you take

time and pride when preparing for your workday. Continued abuse or disregard of the dress code will

not be tolerated and may result in disciplinary action.

ATTIRE FOR WOMEN

Monday through Thursday Acceptable “Business” Attire

Attractive well-coordinated suits, Jackets, Blazers, Scarves

Slack, Pants, Khakis or Capri’s (mid-calf or longer),

Blouses, Shirts, Sweaters (shirts and blouses must have strap over the shoulder)

Dresses & Skirts (hems no more than 2 inches above knee)

Dress shoes, Dress Sandals, Dress Boots

When deviation from the footwear is required, medical certification to support the need for such

must be submitted

Friday Acceptable “Business Casual” Attire –

Blue Jeans, Khaki Pants with coordinated Tops and Blouses

Casual heels, sandals and tennis shoes. (No flip-flops).

ATTIRE FOR MEN

Monday through Thursday Acceptable “Business” Attire –

Collared shirts

Slacks or khaki pants

Belts are to be worn and shirts are to be tucked in your pants.

Dress shoes, Dress Boots, Dress Sandals

When deviation from the footwear is required, medical certification to support the need for such

must be submitted

Friday Acceptable “Business Casual” Attire

Blue jeans, khaki pants

Casual sport shirts

Casual slip on shoes, men’s dress sandals and tennis shoes. (No flip-flops).

PROHIBITED ATTIRE FOR ALL EMPLOYEES

Clothing items displaying art, symbols graphic material, and language dealing with national

origin ethnicity, religion, politics, and cartoons might be offensive to others and are strictly

prohibited.

Under no circumstances will the appearance of undergarments be accepted.

Pants and shirts with holes, oversized clothing, coveralls/overalls, and/or dragging hems

Dress Shorts, Shorts, Skorts

Sweat Pants, Yoga Pants, Exercise Pants, Leggings, Cargo Pants

Spaghetti Strap Dresses & Blouses, Crop Tops, Midriff Tops, Halter Tops, Tank Tops

Flip Flops (no rubber soles), Crocs, Slippers

20

CAPS AND HATS - Caps and hats are not allowed.

JEWELRY STANDARDS - The following Company policy has been designed to promote a

professional appearance:

Earrings - Earrings must be worn in pairs. No other rings or studs are allowed on any part of

the face or visible body. Tongue rings/studs are discouraged.

Rings, Neck Chains, Watches are acceptable

TATTOOS – Reasonable efforts should be made to cover tattoos. Visible tattoos should not be

excessive or inappropriate in content, and should be consistent with maintaining a professional

image. Tattoos that are deemed inappropriate by management must be covered.

FIREARMS & WEAPONS - The Company wishes to provide a safe workplace for its

employees. Firearms, weapons, explosives or other dangerous materials (guns, knives, mace,

blackjacks, etc.) are not allowed on the premises of the corporate office or on any Company

property. It is extremely important that you follow this policy. A license to carry the weapon on

company property does not supersede the company policy, unless applicable law provides

otherwise. Any employee in violation of this policy will be subject to disciplinary action, up to

and including termination.

Unless applicable law provides otherwise, this policy does not apply to firearms stored in the

employee’s locked motor vehicle.

The Company reserves the right at any time and at its discretion to search all containers, purses,

desks, enclosures and person entering its property, for the purpose of determining whether any

weapon is being, or has been, brought onto its property or premises in violation of this policy.

Employees who fail or refuse to promptly permit a search under this policy will be subject to

discipline up to and including termination.

EMERGENCY SITUATIONS AND CLOSINGS - At times, emergencies such as severe

weather, natural disasters, fires, power failures, bomb threats, robberies or burglaries can

interrupt business. These types of situations may call for temporary closing of business. The

Company has the sole discretion in determining if it will be closed in the event of inclement

weather, power or other utility failure, fire, flood, earthquake or some other emergency. Unless

you are notified by management that the office will be closed, you are expected to show up for

work at your regular scheduled time. If you have problems arriving to work at your regularly

scheduled time in the event of an emergency situation, contact your supervisor as soon as

possible.

In case of a mandatory evacuation by emergency or law enforcement personnel, the office should

be made secure and management notified immediately.

SOCIAL MEDIA – The Company has in place policies that govern use of its own electronic

communication systems, equipment and resources which employees must follow. Inappropriate

communications, even if made on your own time using your own resources, may be grounds for

discipline up to and including immediate termination. We encourage you to use good judgment

when communicating via blogs, online chat rooms, networking internet sites, social internet sites,

and other electronic and non-electronic forms (collectively “social media). The following is a

general and non-exhaustive list of guidelines you should keep in mind:

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Make it clear that the views expressed in social media are yours alone. Do not purport to

represent the views of the Company in any fashion.

Do not disclose confidential or proprietary information regarding the Company, your co-

workers or the Company’s vendors and suppliers. Use of copyrighted or trademarked

company information, trade secrets, or other sensitive information may subject you to legal

action. If you have any doubt about whether it is proper to disclose information, please

discuss it with your supervisor.

Be respectful of the privacy and dignity of your co-workers. Do not use or post photos of co-

workers without their express consent.

Harassing or discriminatory comments particularly if made on the basis of gender, race,

color, religion, age, national origin, pregnancy, sexual orientation, or other protected

characteristic, may be deemed inappropriate even if the company name is not mentioned. If

social media communications in any way violate company policy, you may be subject to

discipline up to and including immediate termination under various company policies.

Ensure that engaging in social media does not interfere with your work commitments.

Social media and similar communications have the potential to reflect on both you and the

Company. We hope that you will show respect for our employees, customers, affiliates and

competitors.

Nothing contained herein shall preclude an employee from engaging in conduct protected by

Section 7 of the National Labor Relations Act.

RELEASE OF INFORMATION – There may be times when you are asked for information or

to make a statement about another employee or a Company policy and procedure. UNDER NO

CIRCUMSTANCE SHOULD AN EMPLOYEE GIVE OUT ANY PERSONAL

INFORMATION ABOUT ANY FELLOW OR FORMER EMPLOYEE INCLUDING BUT

NOT LIMITED TO WORK SCHEDULE, PHONE NUMBER, MEDICAL CONDITION OR

RESIDENTIAL ADDRESS TO ANYONE. The Company subscribes to both Federal and State

privacy laws and will enforce them. A violation of individual privacy may result in immediate

termination.

MEDIA – All media inquiries regarding the Company and its operations must be referred to a

Company representative. Only a Company corporate representative is authorized to make or

approve public statements on behalf of the Company. No employees, unless specifically

designated by the Company are authorized to make statements on behalf of or as a representative

of the Company. Direct all media inquiries about the Company to the Company representative.

CONFIDENTIALITY - During the normal performance of your job, you will be exposed to

certain information that is considered by the Company to be confidential and/or a trade secret and

should not be disclosed. This information includes but is not limited to customer or employee

telephone numbers, addressed, medical information or other personal data of employees,

company advertising plans, sales information, financial records or productivity records.

All employees are responsible for the protection and proper use of confidential

material/information or trade secrets of the Company in their custody, regardless of how this

information is obtained. Employees, who misuse or disclose confidential or trade secret

information of the company will be subject to discipline, up to and including termination.

Further, employees who alter or misuse the Company’s property, such as access devices (keys,

passwords, etc.) or information systems, including computer based systems, will be subject to

disciplinary action that may include termination.

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SOLICITATION & DISTRIBUTION – When we are at work, we are here to do business.

Employees may not hand out any non-work-related literature or solicit money for non-work

charities or activities at work at any time, unless approved by management. Other people may

not loiter, solicit or distribute materials on Company property for purposes other than Company

business.

This policy does not limit, and is not intended to limit an employee’s rights under Section 7 of

the National Labor Relations Act.

SUBSTANCE ABUSE: ALCOHOL & DRUGS - It is the purpose of the Company to help

provide a safe and drug-free work environment for our employees and our customers. With this

goal in mind we are establishing the following policy for existing and future employees of the

Company.

The Company is committed to providing a drug-free environment. Not only can the use and/or

abuse of drugs and alcohol jeopardize the health, safety and well-being of the individual user and

other co-workers, but it also results in absenteeism and productivity concerns, higher

health/disability premiums and endangers the safety of the general public and invitees to our

company.

Since our employees are our most valuable resources, and the safety of our employees and the

public are important to us, we have developed and published this substance abuse policy to help

us contribute to the solution of this very difficult health and social problem. Our policy is

intended to accurately detect and deter the use and abuse of drugs and alcohol in our workplace,

while respecting the dignity and privacy of all of our employees.

Although this Company is not required to comply with the Drug Free Workplace Act of 1988, or

the drug testing guidelines published by the U.S. Department of Health and Human Services

and/or the U.S. Department of Transportation, our policy takes into account those requirements.

The Company explicitly prohibits:

The use, possession, solicitation for, or sale of narcotics or other illegal drugs, alcohol or

prescription medication without a prescription on Company premises or while in the course

and scope of your employment.

Being impaired or under the influence of legal or illegal drugs or alcohol on company

premises or while in the course and scope of your employment.

The presence of any detectable amount of prohibited substances in the employee’s system

while at work, or while in the course and scope of your employment. “Prohibited

substances” include illegal drugs, alcohol or prescription drugs not taken in accordance with

a prescription given to the employee

The Company will conduct drug testing under any of the following circumstances:

RANDOM TESTING: Employees may be selected at random for drug testing at any interval

determined by the Company.

FOR CAUSE TESTING: The Company may ask an employee to submit to a drug test at any

time it feels that the employee may be under the influence of drugs or alcohol, including, but

23

not limited to, the following circumstances: evidence of drugs or alcohol on or about the

employee’s person or in the employee’s vicinity, unusual conduct on the employee’s part that

suggests impairment or influence of drugs or alcohol, negative performance patterns or

excessive and unexplained absenteeism or tardiness.

POST-ACCIDENT TESTING: Any employee involved in an on-the-job accident or injury

will be required to submit to a drug test. “Involved in an on-the-job accident or injury”

means not only the one who was injured, but also any employee who potentially contributed

to the accident or injury event in any way.

If an employee is tested for drugs or alcohol outside of the employment context and the results

indicate a violation of this policy, the employee may be subject to appropriate disciplinary action,

up to and possibly including discharge from employment. In such a case, the employee will be

given an opportunity to explain the circumstance prior to any final employment action becoming

effective.

Refusal to submit to drug or alcohol testing, or adulteration of a specimen for testing, shall

subject the employee to termination, or in the case of an applicant, the elimination from

consideration for the position for which the individual has applied.

Any employee who is convicted of a crime involving the violation of any Federal or non-federal

statute prohibiting the manufacture, sale, distribution, possession or use of any controlled

substance in the work place must notify the Company within five (5) days after such conviction.

Employees are also prohibited from bringing prescription drugs on Company property, unless

they have been prescribed by a licensed physician. Such drugs can only be utilized by employees

receiving such prescriptions in the manner, combination and quantity prescribed. In instances

where any employee holds a position which the Company considers to be safety sensitive, we

must be notified by the employee that the use of prescription drugs on the job will not impair the

individual’s working abilities by a suitable statement from the prescribing physician.

Employees are also prohibited from using alcoholic beverages during working hours and/or being

under the influence of alcohol while at work or on Company time. Nor may any employee use or

possess alcohol on Company property in any unauthorized manner, or bring alcohol onto the

Company’s property for the purpose of such use.

The elements of this Substance Abuse Policy are intended to achieve the overall goal of fostering

a drug-free workplace and a healthy, safe environment for our employees. Although this policy

has been carefully written to address all of the concerns in this sensitive area, the Company

reserves the right to modify or amend it. Employees will be notified if any changes are made.

The Company will not discriminate against any employee who is covered by the Americans with

Disabilities Act.

A copy of this Substance Abuse Policy will be provided to every person hired by the Company,

to any person offered conditional employment, and upon request, to any job applicant. Its receipt

and acknowledgment by each employee or conditional employee is required on the Company’s

Employee Agreement and Consent to Drug and/or Alcohol Testing. An employee who has

questions or concerns about this policy should contact the Human Resource Department.

The Company wants to provide you with a drug-free, healthy and safe workplace. Our

employees need to come to work free from alcohol or illegal drugs in order to do their duties

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well. We are a team, and one member not able to do his or her part will affect the entire

business.

No employee may use, possess, distribute, sell or be under the influence of alcohol or illegal

drugs while on Company property or while doing business for the Company off the property.

You may use legally prescribed drugs if they do not hurt your ability to do your job safely or

effectively. If your performance or behavior is affected by prescription medication, you may be

asked to leave work and not return until you are off the medication. We cannot pay you for this

time off, unless you have available accrued time off. For your safety, please tell your supervisor

if you are taking prescription medication that could affect your work.

If you appear to be under the influence of illegal drugs or alcohol, you will not be allowed to

work. You may be required to take a drug or alcohol test; failing this test could cause you to face

disciplinary action or to lose your job.

PERSONAL PROPERTY - In an effort to reduce the risk of tempting theft and to protect the

safety of all employees, employees should not bring or wear personal valuables to work. The

Company will not reimburse employees for any loss of personal cash, property or vehicles

resulting from theft or vandalism

COMPANY EQUIPMENT / PROPERTY - You are responsible for all of the Company’s

property, materials and written information given to you as your work with our Company.

It is important that you are careful with any equipment you use on the job. We want you to be

safe. You will need to follow all operating instructions and safety rules and keep our equipment

in good working order as much of the equipment is expensive. If any equipment, machine or tool

seems to be broken or damaged, please tell your supervisor right away so repairs can be made.

No employee may remove or use the Company’s equipment or property for personal use. No

Company paperwork shall leave the Company premises unless approved by a supervisor. If your

job entails use of Company equipment or property off the premises, you must return any and all

Company property once you terminate employment with the Company. We may, where

permitted by law, take out of your paycheck any costs for the Company, for property or monies

you have not returned.

EMPLOYEE THEFT - Any employee found to be guilty of theft, will lose their job. The

Company believes in prosecuting and restitution. Never let anyone pressure you into stealing or

let someone else steal. Always inform your supervisor or management if you know or even

suspect that another employee is stealing. Theft hurts you and the Company.

FAILURE TO FOLLOW COMPANY POLICIES & PROCEDURES – Everything we do,

we do for a reason. Every policy and procedure has a purpose. It is your responsibility to follow

all company policies and procedures carefully and exactly. Failure to follow company policies

and procedures can lead to disciplinary action up to and including termination.

25

STATEMENT OF HONESTY AND INTEGRITY

We strive to ensure our work environment is one of honesty and integrity among all Company

employees. We value our employees as our most important asset. For this reason, it is our

responsibility to protect this asset by providing understanding, direction and support of high

standards of business conduct. It is the employee’s responsibility to view his or her conduct on

the job according to the principles outlined in the following policy:

We represent our Company fairly to our employees and expect them to be honest with us in

return. We entrust our employees in their performance of their jobs with valuable assets and

require our employees to protect these assets from loss or damage. We accept that mistakes

will be made occasionally, but we expect that they will never be ignored or covered up.

We believe that our employees want to conduct themselves with honesty and integrity. In this

regard, we provide the following information concerning Company assets so you can make

informed decisions about their use and prevent dishonest acts from occurring:

ALL OF THE COMPANY’S ASSETS (PROPERTY, PRODUCT, EQUIPMENT AND

SERVICES) ARE TO BE USED IN A MANNER THAT CONTRIBUTES TO SALES

PROFIT AND CUSTOMER SATISFACTION. USING, DIVERTING, DAMAGING

OR TAKING OF A COMPANY ASSET BY AN EMPLOYEE FOR PERSONAL

BENEFIT, IS MISUSE OF THAT ASSET. ACCURACY OF PAPERWORK IS AN

ASSET; THEREFORE, THE INTENTIONAL FALSIFICATION OF PAPERWORK

ALSO IS MISUSE OF THAT ASSET.

Violation of this policy will result in appropriate disciplinary action. Specific offenses for which

an employee may be terminated (and possibly prosecuted) include, but are not limited to the

following:

Theft of asset from the Company or property from another employee

Committing a dishonest act or complicity in a dishonest act

Willful damage of Company property or property of another employee

Falsification of Company paperwork

Removal of Company records or release of confidential information

Our employees are proud of their personal integrity and the Company’s reputation for high

standards. To maintain these standards for all, we expect and encourage our employees to report

dishonest acts, and we will take steps to investigate and administer appropriate disciplinary

actions including suspension, dismissal and prosecution to the full extent of the law.

Through the honest efforts and conduct of Company employees, we will succeed in our

business goals.

26

BENEFITS

The Company provides a competitive package of benefits for all employees. Although benefits

are not generally considered part of your income, they bring considerable value to your overall

compensation package.

The following is a brief overview of the benefits available to you and your family. Specific

information is available through your supervisor and the plan administrator. Please note that we

constantly strive to improve our benefit offerings and the benefits listed below may change at any

time. Updated descriptions of your benefits will be provided to you either at your time of hire or

distributed when changes are made during your career.

GROUP HEALTH INSURANCE - Following completion of a length of employment

requirement, all full time employees and their dependents are eligible to participate in the

Company’s sponsored health plan. The cost of the plan for the employee’s coverage is currently

shared between the Company and the employee (which is subject to change). The cost of

dependent coverage is the responsibility of the employee. Both the employee and dependent

insurance premiums are pretax and payroll deducted.

Health insurance enrollment information and instructions will be sent to eligible employees prior

to their eligibility date by the plan administrator. If you choose not to enroll at the time of your

eligibility, the policy has an annual period and under some “life events” you may qualify for early

enrollment. Your supervisor can tell you when your enrollment period is. Employees are

eligible upon completion of the following requirements.

Corporate Office Personnel - 1 month of consecutive full time employment

FLEXIBLE SPENDING ACCOUNT - The Company is pleased to sponsor an employee

benefit program known as a “Flexible Benefits Plan”. Under federal tax laws, it is also known as

a 125 Cafeteria Plan. This plan lets you choose from several different insurance and fringe

benefit programs according to your individual needs. The Company provides you with the

opportunity to use pretax dollars to pay for them by using a salary redirection arrangement.

Employees and their eligible dependents will be eligible to participate, the 1st of the month

following completion of (1) one month of employment. The Human Resources Dept. will send

out a notification letter with instructions on how to contact a benefit counselor to enroll or

decline supplemental coverage. The following insurance policies offered are life, dental,

accident, cancer and critical illness. The cost of supplemental insurance policies is the

responsibility of the employee and they are payroll deducted. If the employee is interested in the

Flexible Benefit Plan for Dependent Care Reimbursement and Health Care Reimbursement, they

need to contact the Office Manager for enrollment forms at time of enrollment.

401(K) PLAN – The Company is pleased to offer a 401(k) plan for all full time employees aged

21 years and continuously employed by the Company for one full year. You will be sent an

enrollment and information packet prior to your eligibility date. Employee matched funds are

available. See plan for details.

ACCRUED PERSONAL DAYS OFF - The Company will administer accrued personal days

off for full time employees under the following guidelines. Those eligible employees may earn

accrued personal days off as follows:

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All new employees become eligible to take personal days off beginning January 1st of the

calendar year following the date they were hired. During the first calendar year, they will be

eligible to take one personal day for each full calendar month they were employed by the

company the year they were hired.

Each year thereafter an employee is eligible for thirteen (13) personal days each calendar

year.

The first day of January following an employee’s fifth anniversary of their date of hire, is

then eligible for eighteen (18) personal days each calendar year.

The first day of January following an employee’s tenth anniversary of their date of hire, is

then eligible for twenty (20) personal days per calendar year.

Years of Service Accrued Personal Days

1 - 5 13 Days

6 - 10 18 Days

11 (+) 20 Days

Earned accrued personal days off may be taken any time prior to December 20th of each year.

However, no accrued personal days off may be taken from December 20th until January 10th

each year.

There will be no carry-over of accrued personal days off into the following year(s).

Eligible employees must actually take time off for their accrued personal days and cannot be

paid to work during those personal days off.

Any employee, who is discharged for cause, voluntarily quits or separates from employment

with the Company for any reason prior to receiving accrued personal days off, will not be

eligible to receive pay for those accrued personal days off.

It is the responsibility of the employee to schedule all accrued personal days off with their

supervisor. The employee must have approval by the supervisor prior to the requested dates off.

Accrued personal days off will be scheduled on the basis of who submits their request first. If

employees submit requests at the same time, the senior employee will receive the requested time

off. This accrued personal day off policy is subject to alteration or cancellation without notice.

BEREAVEMENT PAY - The Company provides bereavement pay for eligible full time

employees who have worked at least 1 year of continuous employment in the event of a death in

their immediate family. One paid day for funerals in town and 2 paid days for funerals requiring

overnight travel out of town will be given. Absences without pay will be allowed in the event of

a death of an immediate family member of an employee not otherwise eligible under this policy.

Immediate family, for the purpose of this policy, is defined as:

Spouse * Parent * Brother * Sister *

Mother-in-law * Father-in-law * Brother-in-law * Sister-in-law *

Child * Grandchild * Grandparent *

Relative residing with the employee *

Additional time off without pay will be at the discretion of your supervisor. Your supervisor will

take into consideration necessary travel time, etc. You must provide notice of bereavement leave

under this policy to your supervisor as soon as reasonably possible, and failure to do so may

result in denial of time off or other benefits under this policy.

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JURY DUTY - It is your civic duty as a United States citizen to report for jury duty whenever

called. The Company will pay to you your regular earnings based on the total regularly

scheduled hours for the workdays involved. A copy of the Jury Notice must be given to your

direct supervisor when asking for this time off.

You will not be paid for time off for court appearances as a party to any civil or criminal

litigation. You must arrange for time off without pay or use accrued personal days for these

types of appearances.

VOTING - We encourage you to vote during our local, state and federal elections. You should

try to vote either before or after your scheduled work hours.

FAMILY & MEDICAL LEAVE ACT – Pursuant to the Family Medical Leave Act (“FMLA”),

employees may be eligible for an unpaid leave of absence. This policy is intended to briefly

summarize the provisions of the FMLA. Employees who have been employed with the company

for at least 12 months and have worked a total of at least 1,250 hours in the preceding year are

eligible for up to 12 weeks of unpaid leave within a 12 month period for the following purposes:

Because of a serious health condition; or

Because of the birth of a child of the employee and in order to care for the child; or

Because of the placement of a child with the employee for adoption or foster care; or

In order to care for a family member of the employee (such as a child, parent or spouse), if

the family member has a serious health condition; or

Because of any qualifying exigency (i.e. attending military events) arising out of the fact that

an employee’s spouse, son, daughter or parent is a covered military member on active duty or

called to active duty status.

The 12 month period in which 12 weeks of leave may be taken is a rolling backward 12 month

period from the date an employee uses any FMLA leave. Eligible employees may take FMLA

leave in a single block of time, intermittently (in separate blocks of time), or by reducing the

normal work schedule. Employees who require intermittent or reduced-schedule leave must try

to schedule their leave so that it will not unduly disrupt the company’s operations. Depending on

the purpose of your leave request, you may choose to use, or the company may require you to

use, accrued paid leave (such as Paid Time Off), concurrently with some or all of your FMLA

leave.

If your need for Family and Medical Leave is foreseeable, you must give 30 days’ prior written

notice. If this is not possible, you must give notice to Human Resources as soon as practical, but

at least within one working day of the event.

Employees must provide a medical certification from a healthcare provider to support a request

for leave because of a serious health condition. If you fail to provide certification as required,

you may lose your right to take leave under this policy.

For the duration of FMLA leave, the Company will maintain the employee’s health coverage

under any “group health plan” at the same level and under the same financial arrangements just

as if the employee was still working full time. The employee is responsible to pay any of the

29

employee’s share of the cost of the plan. Furthermore, the employee must continue to pay for

any elected benefit or they will lose the benefit. Failure to maintain the employee’s portion of

elected benefits, if chosen, could result in the immediate termination of those benefits.

Prior to your return to work, you must notify your supervisor that the need for leave has ended

and provide a medical certification from your treating physician that you are released to return to

work, with or without restrictions. Failure to notify your supervisor in advance may delay your

return to work.

Upon return from FMLA leave, most employees can be restored to their original or equivalent

positions with equivalent pay, benefits, and other employment terms provided there are no

restrictions upon their ability to perform their original job duties. Employees must return to their

original place of employment upon return from FMLA leave. If returning from FMLA leave

with medical or other restrictions you may be asked to complete a “Fitness for Duty” report and

be asked to participate in company sponsored independent medical evaluation. .

Certain highly compensated employees or “key employees” may be denied restoration to their

prior or equivalent position. Key employees are those employees who are among the highest

paid 10% of employees or up to 10% of the workforce designated as key personnel.

Any additional questions regarding taking leave under this policy can be answered by the Human

Resource Department.

ADDITIONAL MILITARY LEAVE – In addition to the basic Family Medical Leave Act

benefits described in the policy above, an eligible employee who is the spouse, domestic partner,

son, daughter, parent or next of kin of a covered service member is eligible to take up to 26

weeks of leave during a 12 month period to care for the service member with a serious injury or

illness. Leave to care for a service member may not exceed 26 weeks during a single 12 month

period.

PERSONAL LEAVE - The Company complies with all federal and state leave laws. However,

when these laws do not apply or an employee does not meet the eligibility requirements, the

Company will consider an employee’s request for a personal leave. This leave may provide up to

3 weeks unpaid in a 12 month period. Each leave request will be considered on an individual

basis. An eligible employee who has completed at least 6 months of service and who is in good

standing may request personal leave. (See Personal Leave Request Form for more detail).

WORKERS’ COMPENSATION – The Company has elected not to obtain workers’

compensation insurance coverage. As an employee of a non-subscribing employer, you are not

eligible to receive workers’ compensation benefits under the Texas Workers’ Compensation Act.

However, the Company has established and adopted an employee welfare benefit plan, (the

“Plan”) as defined under the Employee Retirement Income Security Act of 1974 (“ERISA”).

The Plan is designed to provide benefits for eligible employees who sustain certain accidental

injuries in connection with their employment.

Some of the more important provisions of the Plan are:

Reporting Injuries/Accidents: Any injury you sustain while directly performing your job

duties must be reported immediately to your supervisor, not simply to another employee. Do

not wait until the end of your shift, the end of the day or tomorrow to report the incident.

Immediately means directly following the incident.

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Drug Testing: The Company will require you to take a drug test after any injury covered

under the Plan.

Release of Medical Information: The Company will require you to release all medical

information to review any claim for benefits.

Approved Physicians: You may only receive medical care from a doctor or hospital that has

been approved by the Company. The approved physician will assume control of medical care

and management of your injury problems. He/she may refer you to a specialist, if deemed

advisable. Medical care and treatment by doctors not approved is only acceptable under the

Company injury benefit plan for emergency treatment immediately following an injury.

Check with your Plan Administrator for al list of Company approved providers.

Amount of Benefits Available: The Company will only pay certain amounts for injured.

Please see the Plan for details.

Injuries that are NOT Covered: Certain injuries are not covered by the Plan, and Plan

benefits may be denied if your injury is the result of misconduct or failure to follow Company

rules.

Arbitration & Mediation: Any dispute over the Plan or any injury will be resolved through

mediation or binding arbitration.

A copy of the Summary Plan Description (the “SPD”) is included in your New Hire Packet.

The SPD contains a description of your rights and duties under the Plan. Please read the SPD

carefully. You may also have a copy of the entire Plan upon request. You may also examine

the Plan documents, without charge at our Corporate Office with advance request.

Additional Notice to New Employees:

You may elect to retain your common law right of action if, no later than five days after you

begin employment or within five days after receiving written notice from the employer that the

employer has obtained coverage, you notify your employer in writing that you wish to retain your

common law right to recover damages for personal injury. If you elect to retain your common

law right of action, you cannot obtain worker’s compensation income or medical benefits if you

are injured.

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SAFETY & SECURITY

SAFETY AND HEALTH POLICY STATEMENT - Landmark Industries recognizes its

responsibility to manage the business in a manner which conserves and effectively utilizes

human, physical and financial resources. Accordingly, it is the policy of Landmark Industries to:

Provide working conditions and workplaces which are protected against recognized hazards

which may cause injury, illness or death;

Recognize that employee safety and health are primary factors to consider in the workplace;

Hold supervisors and management accountable for safety performance of employees and

maintenance of a safe environment;

Evaluate safety programs and management/supervisor performance in controlling accidents,

injuries and losses;

Complete employee training required by standards and regulations;

Train employees in regard to safe work procedures;

Require compliance with safety rules and procedures by employees, supervision and

management;

Fully comply with safety and health laws and regulations; and

Monitor the effectiveness of all safety programs.

ON THE JOB INJURIES - REPORT ALL ON THE JOB INJURIES IMMEDIATELY

IF YOU HAVE ANY TYPE OF INCIDENT WHILE YOU ARE ON THE JOB, IT MUST

BE DOCUMENTED WITH YOUR MANAGER IMMEDIATELY. THIS MEANS YOU

MUST CONTACT YOUR MANAGER OR THE LANDMARK INDUSTRIES SAFETY

OFFICER, BOB DUFF, IMMEDIATELY AFTER THE INCIDENT AND BEFORE YOU

LEAVE THE OFFICE. All injuries must be reported, even if you do not believe the injury is

of any significance at the time. If you fail to report an incident immediately, you may be subject

to discipline, up to and including termination of your employment.

You signed and acknowledged the following statement contained in your employment package.

Please take time to review this statement again:

“I have been informed and fully understand that any injury claimed by me while working must be

documented in an Incident Report, signed and filed IMMEDIATELY by me after my injury. I

must sign a medical records release for my employer to obtain medical reports to determine any

benefits for which I might be eligible. I understand that unless an Incident Report is completed

immediately, and signed by me, the Company may not consider a voluntary payment of any

medical bills or other benefits to which I may be entitled.”

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Fraud Warning:

You will be terminated for providing false or misleading information regarding an on the

job injury. Any eligible benefits will also be suspended. Furthermore you could incur legal

consequences.

“It is a crime to provide false or misleading information to any insurer for the purpose of

defrauding the insurer or any other person. Penalties include imprisonment and/or fines.

In addition, an insurer may deny an insurance benefit if false information materially

related to a claim was provided by the applicant.”

SAFETY MANUAL – It is the responsibility of every employee to READ THE SAFETY

MANUAL. A Safety Manual is maintained in each department. The safety manual provides

more detail on safe work practices that may not be covered in as much detail in the Employee

Handbook. Please notify the Company Safety Officer if you are not able to locate the Safety

Manual in your department.

NO HEROS POLICY – The Company strictly endorses a NO HEROS POLICY as it relates to

any form of theft or violence. This means do not take any aggressive action toward anyone

which places you, other employees, or customers in a potentially dangerous situation. Co-

operate fully and make no attempt to restrain or subdue the robber. Any employee leaving the

interior of the location to pursue a thief will be immediately terminated regardless of their good

intentions. You are urged and expected to make your safety and that of your co-workers and our

customers your primary consideration at all times.

LOITERING – No person who is not transacting business and not an employee of the

Company, such as customers, friends or family members of employees or third parties will be

allowed to remain on the premises for any unreasonable length of time. Politely ask the

person(s) to leave the premises if you feel it is safe and prudent to do so. If you do not feel a

verbal request is safe then contact your supervisor immediately. If you feel the actions of the

unwelcome person(s) are or could be dangerous to yourself, our employees and customers call

911 immediately.

CLEAN & SAFE FLOORS – Clean and safe floors are always important to make a safer

workplace.

Floors are important because a wet floor is always an accident waiting to happen. Slip-and-fall

accidents, whether they involve employees or customers, are very serious matters that are

carefully scrutinized to insure that safety policies were followed. Any tripping hazard must be

similarly dealt with.

ALWAYS: Stay alert for spills, wet floors or tripping hazards and clean all spills immediately.

Remove tripping hazards immediately.

As an employee, follow these guidelines to avoid slipping and falling and insist others do the

same:

Watch where you are going

Walk, don’t run. EVER

Don’t engage in horseplay.

Don’t carry loads that block your vision

Take deliberate steps that are always sure-footed.

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EMERGENCY ACTION PLAN - In the event of an emergency, follow these instructions:

Immediate Evacuation - such as fire, explosion, bomb or bomb threat, chemical leak and acts

of violence

Delayed Evacuation - such as weather related

EVACUATION ROUTE

The front door is always the primary evacuation route, or the closest exit.

Should all door exits be blocked, the alternative would be to break a window and step

through to safety. (Try to cover the area of the window where the glass has been broken with

a towel or some type of protection to keep from cutting yourself.)

Use the fire extinguisher to clear a path through fire if necessary.

REFUGE OR SAFE AREAS

Outside the workplace, in front of the building

Corporate Office employee’s refuge or safe area is the Maintenance Dept.

Far enough away from the affected area to ensure employee safety

EMERGENCY WARDEN

Senior employee in the absence of a supervisor

Warden shall sound verbal warning to all employees “Emergency, get out immediately”.

Warden shall attempt to insure all personnel and visitors are out of the building.

Warden or Designate will attempt to determine:

- If a 911 call can or should be made from inside the building

- If emergency can be handled with the fire extinguisher

- If a cell phone is available for use at a safe area

- If anyone is still in the building for purpose of notifying emergency personnel

- That Company management is notified of emergency as soon as all matters regarding

personal safety appear to be handled

- That no one inadvertently enters/reenters the building

- Secure all information possible in the event of an act of violence (i.e., description, etc.)

DECLARING AN EMERGENCY

Any employee may declare an emergency if it is obvious one exists.

The emergency warden shall then attempt to deal with the emergency at the proper level.

Example: There would not appear to be a need to call 911 on a small fire in a trash can unless

it cannot be quickly extinguished.

The Emergency Action Plan is developed to deal with those emergencies that can be

anticipated. Good judgment must always be a part of a proper emergency response.

FIRE SAFETY

Know the locations and operating instructions of the fire extinguisher on the premises.

Make sure all entrances, passageways, aisles and fire escapes remain open and clear of any

obstruction at all times.

Never stack items to a height where they block fire extinguishers, sprinkler systems, alarm

boxes, electrical or power panels.

In case of a fire:

Call 911

Notify a member of management

Immediately exit the building.

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FIRST AID - If an accident happens:

Notify a member of management

Assist with emergency first aid, but only do those things that you have been trained in.

Only attempt to rescue if there is no danger of you getting injured.

Move the injured person only if it is absolutely necessary for safety reasons.

Control bleeding with direct pressure to the wound using a clean cloth.

For choking, perform the Heimlich maneuver if necessary.

Apply cool water to burns.

AVOIDING BACK INJURY - Lifting - Incorrect posture during lifting can cause a number of injuries.

Safe lifting is always pre-planned lifting. Avoid injury when lifting by following these guidelines:

When using a dolly or cart, keep a stable, balanced load. Push from behind (not from the side) to avoid

smashing fingers. Push slowly and keep the load low in order to see ahead of you. Get help with a heavy

or large load.

When moving an item to or from a high place, break the load into smaller pieces if possible. When the

shelf is above your shoulder height, use the proper ladder or stool. Make sure tall stored items have a

firm base for support and will not topple or fall.

HANDLING TRASH - Standing in a trash container to trample down or push down trash, can cause

injury. Broken glass, staples and other sharp objects can be found in waste containers, handle with care.

AVOID ELECTRICAL SHOCK - Follow these safety guidelines when working with electrical

equipment:

Visually inspect the equipment before your start to use it each and every time. If you see anything

loose, cracked, broken, bent or exposed...DO NOT USE THE ITEM. Notify your supervisor

immediately. Repairs must be performed by trained technicians.

All equipment should have a three pronged plug. If the third prong is missing, notify your supervisor

immediately. (The third prong protects you from electrical shock.)

Be sure the power switch of any equipment is in the off position before plugging or unplugging it

into an outlet.

Connect and disconnect powered equipment by holding the plug firm and straight when inserting or

removing it from the wall outlet. “Whipping” or jerking the plug from the outlet by pulling on the cord

will damage both the outlet and the plug.

If you are not trained on a piece of equipment, do not attempt to operate it.

Be sure you understand the function of all controls, knobs and switches before equipment is turned

on.

Keep hands dry and keep areas surrounding electrical equipment as dry as possible.

When plugging in a piece of equipment, make sure you are not standing in water.

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A GENERAL SAFETY STATEMENT – Safety must always involve a degree of common sense. Do

not do or attempt to do any job that you believe is unsafe. Similarly, always exercise special caution

when working with a box cutter, ladder, lifting an object or emptying trash. Do not run or do any job so

hurriedly that an accident is likely to occur. Always take sure footed steps, especially around corners.

Please read the Safety Manual for more detailed information regarding safety procedures, policies and

practices. If you will conduct yourself in a safe manner at all times you will help ensure the safety of you

and your co-workers.

A FINAL COMMENT - Now that you have read your Handbook, we hope that you feel more a

part of our Landmark Industries family of employees. Our purpose was to familiarize you with

Landmark Industries, and answer many of the questions that arise when entering a new work

environment. We hope that we have accomplished this goal. However, if you have not been able

to find an answer to a question or wish to obtain a more detailed explanation, then please do not

hesitate to contact your supervisor. We hope that you find your job interesting and rewarding

now and throughout your time of service.

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EMPLOYEE HANDBOOK RECEIPT AND ACKNOWLEDGMENT

Please read the following statements and sign below to record that you have received Landmark

Industries Employee Handbook. This original receipt and acknowledgment must be given to

your supervisor for placement in your employee personnel file.

I know that it is my responsibility to read the Employee Handbook and to ask questions if I need

further explanation. I understand that the policies, procedures, rules and benefits described in the

Handbook may change at the sole discretion of Landmark Industries at any time. I understand

my employment is at-will and no contractual representations have been made to me either in the

Employee Handbook or elsewhere. I understand I must follow all Landmark Industries policies

and procedures as well as those prescribed by state and federal laws governing my employment

activities.

I understand that my signature below indicates that I have received and read a copy of the

Landmark Industries Employee Handbook and that I have read and understood its contents.

____________________________________________ _____________________________

Employee’s Printed Name Position

____________________________________________ _____________________________

Employee’s Signature Date

____________________________________________ _____________________________

Supervisor’s Printed Name Position

____________________________________________ _____________________________

Supervisor’s Signature Date

Publication Date: August 2016