_____________________________________________ Employee Handbook Japan Village Inc. 934 3rd Avenue Brooklyn, NY, 11232 _____________________________________________ 1 Japan Village Employee Handbook Updated 4.2023
TABLE OF CONTENTS FOREWORD SECTION I. Introduction 1.1 Who Are We? 1.2 Employee Handbook 1.3 Policy Changes 1.4 No Guarantee of Employment 1.5 At-Will Employment 1.6 Dispute Arbitration SECTION II. Employment Policies 2.1 Employee Classification Categories 2.2 Confidentiality 2.3 Conflicts of Interest 2.4 Employment of Relatives and Personal Relationships 2.5 Introductory Period 2.6 Employee Files 2.7 Background and Reference Checks 2.8 Employment Eligibility 2.9 Political Neutrality 2.10 Termination and Change of Employment Status 2.11 Return of Japan Village Property 2.12 Rehire SECTION III. Payroll Practices 3.1 Payment of Wages 3.2 Overtime Pay 3.3 Rest and Meal Period 3.4 Time Cards and Time Reporting 3.5 Deductions 3.6 Outside Work 3.7 Attendance 3.8 Performance Reviews and Pay Increases 3.12 Payroll Policies 2 Japan Village Employee Handbook Updated 4.2023
SECTION IV. Standards of Conduct 4.1 Equal Employment Opportunity 4.2 Americans with Disabilities Act 4.3 Anti-harassment Policy 4.4 Harassment and Discrimination Complaint Procedure 4.5 Standards of Conduct and Discipline 4.6 Internal Promotions and Transfers 4.7 Dress Code 4.8 Safety 4.9 Workplace Bullying 4.10 Substance and Abuse 4.11 Searches 4.12 Smoke-Free Workplace 4.13 Computer and Electronic Communication Policy 4.14 Social Media 4.15 Personal Phone Calls and Cell Phone Use 4.16 Japan Village Equipment and Property 4.17 Solicitations in the Workplace 4.18 Policy on Employee Safety Measures SECTION V. Employee Benefits 5.1 Benefits 5.2 Social Security SECTION VI. Time Off and Leaves of Absence 6.1 Requesting Leave 6.2 Jury Duty, Crime Victim/Witness Leave 6.3 Domestic Violence Victim Leave 6.4 Voting Leave 6.5 Military Service Leave 6.6 Volunteer Emergency Responders Leave 3 Japan Village Employee Handbook Updated 4.2023
FOREWORD Dear Valued Employee: Congratulations and welcome to Japan Village. Whether you have recently joined our team or have worked with us for some time, we are excited to work with you. Your performance will be an integral part of Japan Village's future success. In order to help you perform at your full potential and create a safe and enjoyable work environment we are providing you this Employee Handbook to inform you of the many important aspects of your employment and guide you along the way. There are few things to keep in mind when reading this Employee Handbook. This document is not a comprehensive compilation of all company policies and procedures and does not cover all possible circumstances and exceptions that may arise. Many of the policies summarized in this Employee Handbook are covered in more detail in other official documentation. Consult such documentation for additional information regarding specific policies. Please address any specific questions regarding the interpretation or applicability of company policies and procedures to a manager or other qualified member of the company. Note that the terms of the official company insurance and benefits policies supersede any terms to the contrary stated herein. This Employee Handbook is not an employment contract, and nothing in this Employee Handbook gives you any right, express or implied, to continued employment. Furthermore, all terms, conditions, policies, and procedures as stated in this document are subject to change, and nothing stated herein guarantees a fixed term or condition of your employment. As Japan Village's employee you have an obligation to keep the information provided to you in this Employee Handbook. Do not discuss the contents of this document with persons who are not employees or otherwise privy to this information through an affiliation with Japan Village. Please take time to thoroughly review this Employee Handbook, noting how each section relates to your employment. Pass along any questions or concerns you may have to your immediate supervisor. We look forward to a harmonious and mutually fruitful relationship with you and are confident you will find your experience with us dually rewarding. Again, welcome! 4 Japan Village Employee Handbook Updated 4.2023
SECTION I- Introduction - 1.1 Welcome Welcome to Japan Village! Japan Village is a Japanese specialty food hall in Brooklyn, New York. Located inside of Industry City, Japan Village features a wide variety of ready-to-eat foods. 1.2 This Employee Handbook This Employee Handbook summarizes some of Japan Village's (hereinafter \"Company\") key expectations and employment policies. As such, it cannot provide guidance for every possible circumstance that may arise during employment and is not intended as an exhaustive resource for all Company policies. This Employee Handbook replaces all prior employment policies, Company rules and practices, express or implied, whether written or oral. In addition, this Employee Handbook is subject to the provisions of official Company policy documents, including insurance and benefits policies, plan documents, and applicable law. All Company employees are required to abide by the terms of this Employee Handbook as a condition of employment. The terms of individual employees' employment contracts may control over this Employee Handbook where applicable. 1.3 Policy Changes As circumstances warrant, Company may, in its sole discretion, deviate from the terms stated herein as it sees fit. Company has the express right to amend, modify, revoke, and add to the terms of this Employee Handbook as well as other official Company policy documentation. The terms of this Employee Handbook may only be altered through official Company written policy notices. No terms of this Employee Handbook may be altered via oral statements or other representations. Company's interpretation of the terms stated herein is absolute. Each employee is responsible for remaining informed of policy changes. 1.4 No Guarantee of Employment Nothing in this Employee Handbook creates a binding employment contract between Company and its employees or provides a guarantee of continued employment for any amount of time. At- will employment status may only be altered through an express, signed, written agreement between Company and an employee to that specific and intended effect. 1.5 At-Will Employment Unless expressly prohibited by statute, all employees without a written employment agreement to the contrary are employed on an \"at-will\" basis. Company may conclude the employment relationship with or without advance notice at any time and for any reason, and no term in this Employee Handbook will alter or restrict the right of Company to end the employment relationship accordingly. Nothing in this Employee Handbook impairs Company's right to make changes in employment status, including without limitation to promotions and demotions, reassignments, transfers, and wage and benefit changes. Company may only enter into an employment relationship that is not on an at-will basis through a written employment agreement signed by the President of the company. 5 Japan Village Employee Handbook Updated 4.2023
1.6 Dispute Arbitration In return for Company's promise to do the same, your continued employment, and other benefits conferred through the employment relationship, you the employee (hereinafter, \"you\", \"your\") promise to submit to binding arbitration all claims, disputes, or controversies with the Company and its officers, superiors, managers and employees arising out of or relating to your employment relationship with Company, including disputes related to your wages and benefits, your termination, intellectual property rights, confidentiality, and any breach of this agreement, to be decided by an independent, mutually agreed upon arbitrator and any Company arbitration policy or agreement. SECTION II- Employment Policies - 2.1 Employee Classification Categories Under state and federal wage and hour laws, including the Fair Labor Standards Act (\"FLSA\"), all Company employees are either classified as exempt or nonexempt. Exempt Employees - Employees exempted from the minimum wage and overtime provisions of the FLSA by holding positions that satisfy the criteria under the act. These employees are generally executives, managers, professionals, administrators, and technical staff who receive salaries or sales commissions. Nonexempt Employees - Employees who are NOT exempt under the criteria of the FLSA minimum wage and overtime provisions. Full-Time Employees - Employees who are not temporary employees, independent contractors, or independent consultants and who are regularly scheduled to work at least 40 hours per work week. These employees are generally eligible to receive Company benefits, if any, subject to the terms and conditions of each benefit plan. Part-Time Employees - Employees who are not temporary employees, independent contractors, or independent consultants and who are regularly scheduled to work less than 40 hours per work week or who only irregularly work 40 or more hours per week. These employees are NOT generally eligible to receive Company benefits. Independent Contractor or Consultant - These individuals are not employees of the Company and are self-employed. An independent contractor or consultant is engaged to perform a task according to his/her own methods and is subject to control and direction only as to the results to be accomplished. Independent contractors or consultants are not entitled to benefits. Regardless of the employee's status which may change of time, the employee is employed at- will. 6 Japan Village Employee Handbook Updated 4.2023
2.2 Confidentiality In the course of employment with the Company, employees may have access to \"Confidential Information\" regarding the Company, which may include its business strategy, future plans, financial information, trade secrets, costs, pricing, employee compensation, contracts, methods, recipes, suppliers, customers, personnel information or other information that the Company considers proprietary and confidential. Maintaining the confidentiality of this information is vital to the Company's competitive position in the industry and, ultimately, to its ability to achieve financial success and stability. Employees must protect this information by safeguarding it when in use, using it only for the business of the Company and disclosing it only when authorized to do so and to those who have a legitimate business need to know about it. This duty of confidentiality applies whether the employee is on or off the Company's premises, and during and continuing indefinitely after termination of the employee's employment with the Company. This duty of confidentiality also applies to communications transmitted by the Company's electronic communications. See also Internet, Email and Computer Use policy, herein. You can help Company safeguard its Confidential Information by adhering to the following guidelines: • Do not discuss Confidential Information in public places. • When discussing Confidential Information, or matters that are potentially Confidential Information, be aware of who is around you and consider whether they have a specific need to know such. • Keep electronically-stored Confidential Information password protected, and store hard copies out of sight in secure locations. 2.3 Conflicts of Interest Employees are required to avoid conflicts of interest. This means employees must avoid activities, relationships, and situations that may cause them to put their personal interests ahead of Company's. It is important that employees act in the best interests of Company at all times, and for this reason, employees must take measures to avoid even the appearance of having conflicts of interest. You must disclose any actual or potential conflicts of interest to a manager, including actual or potential conflicts of interest held by another employee that such employee fails to disclose. In general, you can avoid conflicts by not using or appearing to use Company's Confidential Information, property, or business opportunities for your own personal gain. The following are examples of situations which may create, or appear to create, a conflict of interest: • Situations that you may have a personal financial interest in transactions or business activities of Company or Company's competitors, clients, customers, or suppliers. • Situations where, although you do not have a personal financial interest, you may nonetheless obtain some other personal gain or advantage resulting from transactions or business activities of Company or Company's competitors, clients, customers, or suppliers. 7 Japan Village Employee Handbook Updated 4.2023
• Situations where you consult for or otherwise have a separate business relationship with a Company competitor, client, customer, or supplier outside of your normal employment role for Company. • Accepting any benefit, including gifts, services, entertainment, or favors, from a Company competitor, client, customer, supplier, government entity, or other organization in connection with your relationship with Company outside of regular employment benefits from Company. • Situations where you are responsible for hiring, managing, or otherwise working with your persons of close relation to you, whether such persons are other employees or have a different business relationship with Company, for instance as contractors, consultants, clients, customers, or suppliers. You are required to consult the manager if you are unsure about whether you a conflict of interest or the appearance of a conflict of interest. When a conflict of interest is found to exist, or appears to exist, you must work with a supervising manager to remove yourself from the situation as much as possible, including creating an effective screening plan, if necessary. 2.4 Employment of Relatives and Personal Relationships Nepotism and favoritism may jeopardize Company operations and success. \"Relatives\" include spouses, children, domestic partners, parents, siblings, grandparents, uncles, aunts, cousins, nieces, nephews, step relatives, in-laws, relatives of domestic partners, etc. \"Close personal relationships\" includes relationships with persons with whom you share a household, date, or have personally known for an extended period of time outside of your employment with Company. You should also disclose this fact if, during your employment, you become a relative or in a close personal relationship with another employee, contractor, consultant, client, customer, or supplier, for instance, through marriage or dating. A manager may approve your working with relatives or persons holding close personal relationships where such relationships do not create substantial conflicts of interest threatening the well-being of Company operations or activities. Where possible, Company will strive to neutralize such conflicts of interests. Company reserves the right to take any action necessary to remove conflicts of interest that threaten Company interests which may include reassignment of one relative (if feasible) or the resignation of one of the relatives. 2.5 Introductory Period. The first four weeks of employment are considered an introductory period for all newly hired employees. During this time, your manager will monitor your performance. Upon completion of the introductory period, your manager will review your performance. If the Company finds your performance satisfactory and decides to continue your employment, you will be advised of any improvements expected. Completion of the introductory period does not entitle you to remain employed by the Company for any definite period of time. Your status as an at-will employee does not change; the employment relationship may be terminated according to company employment policies. 2.6 Employee Files 8 Japan Village Employee Handbook Updated 4.2023
The Company maintains a personnel file and payroll records for each employee as required by law. Personnel files and payroll records are the property of the Company and may not be removed from Company premises without written authorization. By policy, the Company will provide only the former or present employee's dates of employment and position(s) held with the Company. You are required to notify a manager, should any information previously provided to Company should change, including information provided on an employment application or form, insurance form, or tax form. Misrepresenting information in your employee file, or failing to correct a known mistake in your file, is grounds for warning or discipline, (hereinafter warning, discipline, will be collectively referred to as discipline, disciplines, disciplined), possibly including immediate termination. 2.7 Background and Reference Checks Company may conduct various background and reference checks on potential or current employees. The information collected will become part of the employee's file and may include verification of information provided during the hiring process, resume, employment verification, criminal record, and driving records, depending upon the type of position sought. Any employment offer or offer for promotion or reassignment to another position made by Company is contingent on verification as to the accuracy of the information provided by the potential or current employee. As background and reference checks are part of each employee's file, such information is kept confidential and may only be reviewed by those involved with hiring and personnel decision processes or managers having a legitimate business need to know. Background and reference checks will be conducted on current employees in order to assess them for continued employment, promotion, or reassignment, as permitted by state and federal law. 2.8 Employment Eligibility In compliance with federal law, all new employees must complete the U.S. Citizenship and Immigration Services (USCIS) Form I-9 and Department of the Treasury Internal Revenue Service Form W-9 no later than the first day of hire in order to verify identity and employment authorization. Company will verify proper completion of Form I-9 and W-9. You will verify your identity and eligibility by providing documentation as specified on the forms. Company is not held responsible for any misrepresentation on the part of the employee on Form I-9 or W-9. Employee must properly disclose all information truthfully including in the event of any change(s) to citizenship, status, or exemptions, and any misrepresentation may lead to termination; the employee absolutely and unconditionally waives any and all rights to dispute, counterclaim, or file suit against Company for said termination. 2.9 Political Neutrality Employees have the right to express political views and otherwise engage in political activities and freedoms outside of their role for Company. Company will not discriminate against employees based on their engaging in legal political activities or their affiliation with a particular political view or group. However, if you are engaging in political activity, you should always 9 Japan Village Employee Handbook Updated 4.2023
make it clear that your actions and opinions are your own and not necessarily those of the Company, and that you are not representing the Company. 2.10 Termination and Change of Employment Status A change in your employment status may occur for different reasons, including termination by Company, resignation, abandonment, reassignment, or retirement. Should a change in employment status occur, wages will only accrue up to your effective date of separation with Company, unless contrary to a written employment contract or state law. • Termination by Company - Company may conclude the employment relationship with or without advance notice at any time and for any reason. • Resignation - If you are considering resignation, you are encouraged to consult your supervisor in order to discuss whether other options are available to accommodate your needs. If you do decide to resign, Company asks that you provide at least two weeks' advance written notice of your departure. Employees who fail to provide the full requested advance notice may be subject to forfeiture of accrued benefits according to state law. In addition, such employees who fail to provide the full requested advance notice may be deemed ineligible for future rehire, at the discretion of Company. At Company's sole discretion and business needs under the circumstances, Company may choose to require your immediate departure. At resignation, you agree to complete and sign a resignation form indicating your reason for departure. • Abandonment - Abandonment occurs where an employee fails to be present during scheduled work hours for three or more consecutive days without prior approval for the absence. When abandonment occurs, at Company's sole discretion and business, Company may choose to require your immediate departure. You will be required to complete and sign a resignation form upon your abandonment. • Reassignment - Based on Company needs, your employment status may occasionally change. Company may assign you to a different shift, department, or location, unless you have a written employment contract to the contrary. Company may choose to take into consideration your requests concerning reassignment. Should Company so require, you agree to complete and sign a resignation form prior to departure. • Retirement - Employees seeking to retire must provide at least four weeks' advance written notice to a human resources manager. This will allow Company sufficient time to finalize any payroll issues, determine and prepare for any hiring needs, and wrap up all other outstanding employment matters related to the planned retirement. At retirement, you agree to complete and sign a resignation form or interview prior to departure. 2.11 Return of Company Property Employees must return all Company property in their possession upon ending employment with Company. Unless otherwise notified, Company property includes ID cards, uniforms, laptops, electronics, office supplies, auto, and all other tangible items in your possession that Company owns. Company may deduct from the final paycheck the value of all unreturned Company 10 Japan Village Employee Handbook Updated 4.2023
property, in accordance with state law. Employee absolutely and unconditionally waives any and all rights to dispute, counterclaim, or file suit against employee for said deduction for any and all unreturned Company property. Company determines deduction at 70% of original retail value of said Company property. 2.12 Rehire To be rehired, former employees must have separated employment in good standing with Company. Employees lose good standing when the reason for separation is based on a policy violation. Former employees in good standing are still required to submit to Company's regular hiring process and screening, including submitting an employment application. Hiring managers seeking to hire former employees must submit a request for review and approval from a supervisor prior to hiring. Former employees that are rehired will begin accruing benefits at the same rate and in the same manner as new employees, and tenure for all purposes will be calculated starting from the date of rehire. SECTION III- Payroll Practices - 3.1 Payment of Wages Employees are paid on a weekly basis. All employees will be paid on Thursday of each week. All employees are paid by check unless otherwise indicated. You must submit a new W-4 Form to a manager if your marital status or the number of exemptions you claim changes according to standards of law as set forth in 2.9. 3.2 Overtime Pay Employees classified as nonexempt will be paid overtime according to the FLSA and state law. Your supervisor must approve all overtime in advance. For any overtime work not pre-approved, you must have a manager signature on your timecard in order to be paid appropriately. You are expected to comply with requests to work overtime during especially busy times and according to Company needs. New York state law sets the standard work week at 40 hours. You will earn overtime pay whenever you exceed the standard work week, which will be paid at one and one-half your normal pay rate. The workweek is calculated beginning at 12:00 a.m. on Sunday morning and ending at 11:59 p.m. on Saturday night. Only actual hours worked will be counted for overtime pay. Meal breaks and time off for holidays, vacation leave, personal leave, sick leave, and other leaves of absence will not be used to calculate overtime. Employee absolutely and unconditionally waives any and all rights to dispute overtime if not approved in advance or not signed by a manager. If employee is found to attempt or tamper with timecard machine or forge a manager signature or cause any misrepresentation on his/her part, may lead to discipline or termination. Employee absolutely and unconditionally waives any and all rights to dispute, counterclaim, or file suit against Company for discipline or termination. 3.3 Rest and Meal Periods All rest and meal periods will be in accordance with New York state law. To the extent that New York does not require rest breaks, employees will receive an unpaid 30- minute break every consecutive 8-hour shift worked, or major fraction thereof, as close to the 11 Japan Village Employee Handbook Updated 4.2023
middle of each work period as is practicable. Employees who work over 7 hours will be able to have a meal during their break period. All employees are expected to consume the meal provided by the company, which includes bentos or other meals from the previous day unless otherwise given permission for another meal by a manager. Employees who refuse to accept the meal provided by Company may purchase a meal of their own. Japan Village is not obligated to provide free meals. Supervisors may choose to stagger rest breaks as needed to manage operations. Rest breaks may not be accumulated or combined with other break periods into longer rest breaks, and employees may not use rest breaks to cover their late arrival or early departure from their shifts. Meal Policy At Japan Village, we believe that providing our employees with nutritious and delicious meals is important for maintaining a healthy and productive workforce. To ensure that everyone has access to meals during their shifts, we have established the following meal policy: If there is leftover food from the previous day, please eat that food for your meal. If there is no food from the previous day, please ask the kitchen staff for food. Break time will start at 3pm in order. Do not take breaks in the evenings. Please do not make your own meal. Instead, ask the kitchen staff for assistance. You may only do so after clocking out of your shift when you are on break. Only one meal is allowed per day, during your lunch break. If the kitchen is busy, only curry or onigiri is allowed. Allowed Meals: Vegetable Curry, Katsu Curry Oyako Don, Katsu Don Udon: Kake, Curry, Kitsune, Sansai, Tanuki Pork or Chicken Yakisoba Onigiri-Ajinori, Okaka, Konbu, Shio, Spicy Tuna, Tuna Mayo, Ume (2 pieces per) After Closing Bento, Sushi, etc.: From now on, employees will have to buy leftover food. When buying bento, be sure to buy it from the manager after closing time. Employee coffee is the only coffee that can be bought at employee price. All other drinks must be bought at regular price. Please tape the receipt to the drinks you buy. The prices are as follows: Japan Village Employee Handbook Updated 4.2023 Bento: $1 Sushi Roll: 50 cents Onigiri: 50 cents 12
Okonomiyaki: $1 Takoyaki: 50 cents Coffee: $1 Managers may check your meal to see if you are following these rules. If you do not follow any of the rules above, this will result in a warning. If the rules for meals are not abided by, Japan Village as an employer is legally entitled to deduct the cost of the meals from any employee's paycheck. 3.4 Time Cards and Time Reporting Nonexempt employees are required to keep an accurate and complete record of their attendance and hours worked. Time cards are official business records and may not be altered without the employee's supervisor's approval and may not be falsified in any way. If an employee for any reason forgets to use the time card, a manager may hand write and sign the appropriate time for the employee, which will be considered the accurate and official time recorded for work. Nonexempt employees are required to keep accurate and complete time records of daily hours worked through the timekeeping system provided or used by Company. Employees must not count any meal breaks or off-duty time toward hours worked. It is prohibited to falsify or alter time records, including those of a co-worker, without permission from a supervisor, and doing so may result in discipline or termination. Employee absolutely and unconditionally waives any and all rights to dispute, counterclaim, or file suit against Company for discipline or termination. Time worked is recorded for payroll purposes by rounding to the nearest 15-minute interval. One workday consists of 24 hours beginning at 12:00am and ending at 11:59pm. Each workweek begins on Sunday at 12:00am and ends on Saturday at 11:59pm. 3.5 Deductions Deductions from your pay will be made according to federal and state law. This may include deductions for Federal and State Income Tax Withholding, Social Security, Medicare, Disability, garnishments pursuant to valid court orders, and other deductions pursuant to law. 3.6 Outside Work Employees may hold other jobs or engage in work outside of their role with Company so long as such outside work does not have a negative impact on fulfilling their responsibilities to Company. Furthermore, any outside work must not conflict or compete with Company interests or be conducted during an employee's scheduled work time. Employees engaging in outside work must notify their supervisor or manager. All employees must obtain prior written approval from their supervisor before engaging in outside work. Failing to obtain prior permission is grounds for discipline, including termination. Employees are prohibited from using Confidential Information or Company tools, equipment, or other property for outside work. Employees may not use outside work as an excuse for failing to perform their responsibilities to Company, for poor job performance, or for failing to be present during scheduled work hours. Outside work includes any work outside of your obligations to Company for which you are compensated, monetarily or otherwise, including self-employment. 13 Japan Village Employee Handbook Updated 4.2023
3.7 Attendance Company's success relies on employees arriving on time and regularly attending work. You must notify your supervisor in advance of your scheduled starting time if you will not be able to attend work that day for any reason or will be arriving late. Failure to notify your supervisor in advance will result in an unexcused absence, which is a serious misconduct and you will be issued a warning. After three or more issued disciplines, you will be subject to disciplinary action including termination and will be required to sign a resignation form. Company may consider your job abandoned and your employment status voluntarily resigned for any unexcused absence lasting 2 or more consecutive days you are scheduled to work. You must also receive prior supervisor approval should you need to leave work early for any reason. Japan Village has introduced a time and attendance system. This system consists of employee points for various instances of attendance and/or lack thereof. Emergencies and Inclement Weather If bad weather or other conditions exist, you will be expected to arrive for work on time unless travel is suspended. Notify your supervisor as soon as you determine that you will not be able to arrive on time. If bad weather or other emergency causes Company to close its stores for the day, we will make every effort to notify you. When in doubt as to whether work will be canceled, contact a manager. 3.8 Performance Reviews and Pay Increases A formal performance review will be conducted after the trial period. At the start of the new year, performance reviews will take place with full-time employees that have been employed for more than one year. This will provide an opportunity to review your past performance in order to recognize your strengths, target weaknesses and areas for improvement, and identify specific goals going forward. Any written performance reviews will become part of the employee file. Employees receiving a performance review will not necessarily receive an increase in pay. Pay increases are based on several factors, including overall department and Company business performance, and will not always directly reflect an employee's performance. Employees are encouraged to regularly have informal discussions with their managers about their strengths, weaknesses, and goals, in order to monitor their performance. Pay increases may be implemented at other times but must always be pre-approved by the Office to ensure that the requested increase aligns with Company policy and is in Company's best interest. Periodic pay bonuses are not guaranteed to employees and are at the discretion of management. If paid by Company, these will be based on your individual performance and Company profitability. Bonuses are meant to incentivize employees to exceed expectations and constantly perform to the best of their abilities. 3.9 Payroll Policies Company reserves the right to change payroll policies and practices, including those stated above, after providing prior written notice to employees and in accordance with state law. 14 Japan Village Employee Handbook Updated 4.2023
SECTION IV- Standards of Conduct - 4.1 Equal Employment Opportunity Company provides equal employment opportunities (EEO) in all our employment practices to all employees and applicants for employment without regard to race, color, religion, national origin, gender, age, sexual orientation, gender identity, disability, genetic information, marital status, military status, or any other category protected by federal, state, or local laws. This includes prohibiting unlawful discrimination against those associated with or perceived to belong to a protected class, whether or not an employee actually falls into such class. Company's EEO practices are upheld in every location that it operates and in all aspects of the employment relationship, including hiring, recruiting, placement, transfer, promotion, compensation, discipline, termination, layoff, recall, training, and leaves of absence. EEO violations must be taken seriously, and all employees must make every effort to uphold and support Company's EEO policy. This includes reporting all instances of discrimination or harassment to a Company manager. It is Company's policy is to promptly investigate any reported instance in a thorough manner. Company forbids any retaliation against those who report or investigate discrimination or harassment. 4.2 Americans with Disabilities Act In compliance with the Americans with Disabilities Act (ADA), the Company provides reasonable accommodations for known physical or mental limitations of qualified individuals that bring their needs to Company's attention, unless it would cause Company undue hardship. Company reserves the right to require that you provide certification from your healthcare provider of your disability and your need for accommodation. 4.3 Anti-harassment Policy The Company is committed to providing a work environment free of sexual or any form of unlawful harassment or discrimination. Harassment or unlawful discrimination against individuals on the basis of race, religion, creed, color, national origin, sex, pregnancy, sexual orientation, gender identity, age, ancestry, physical or mental disability, genetic information, marital status or any other classification protected by local, state or federal laws is illegal and prohibited by Company policy. Such conduct by or towards any employee, contract worker, customer, vendor or anyone else who does business with the Company will not be tolerated. Any employee or contract worker who violates this policy will be subject to disciplinary action, up to and including termination of his or her employment or engagement. To the extent a customer, vendor or other person with whom the Company does business engages in unlawful harassment or discrimination, the Company will take appropriate corrective action. Prohibited Conduct: Prohibited harassment or discrimination includes any verbal, physical or visual conduct based on sex, race, age, national origin, disability or any other legally protected basis if: 15 Japan Village Employee Handbook Updated 4.2023
a. submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment or engagement; b. submission to or rejection of such conduct by an individual is used as a basis for decisions concerning that individual's employment or engagement; or c. it creates a hostile or offensive work environment. Prohibited harassment includes (but is not limited to) unwelcome sexual advances, requests for sexual favors and lewd, vulgar or obscene remarks, jokes, posters or cartoons, and any unwelcome touching, or physical contact. Other forms of unlawful harassment or discrimination may include racial epithets, slurs and derogatory remarks, stereotypes, jokes, posters or cartoons based on race, national origin, age, disability, marital status or other legally protected categories. Anti-Gossip Environment We value an inclusive, respectful, and positive work environment for all employees. In order to maintain such an environment, we have implemented the following anti-gossip policy: No Gossiping: Employees are expected to refrain from engaging in gossip, rumors, or spreading negative information about other employees, clients, or the company. Gossiping includes, but is not limited to, discussing someone's personal life, spreading rumors about someone's job performance, or making negative comments about someone's appearance or behavior. Report Concerns: If an employee becomes aware of any negative comments or rumors being spread, they should report their concerns to their supervisor or the HR Coordinator. We encourage open communication and transparency, and we take all concerns seriously. Confidentiality: Employees are expected to maintain the confidentiality of sensitive information related to the company, clients, or other employees. Any breach of confidentiality will be taken seriously and may result in disciplinary action. Consequences of Gossiping: Any employee found to be engaging in gossip or spreading rumors may face disciplinary action, up to and including termination. We take the maintenance of a positive work environment seriously, and negative behavior that disrupts the workplace will not be tolerated. We believe that this policy will help us maintain a positive and respectful work environment, where all employees feel valued and respected. By working together, we can create a workplace culture that is free from gossip and negativity, and we can focus on achieving our goals as a company. 4.4 Harassment and Discrimination Complaint Procedure In order to maintain a safe and enjoyable work environment, it is imperative that any employee who believes that he or she has been the victim or witness of harassment or discrimination, as prohibited by this policy or law, should immediately report such behavior to a manager. Discrimination or harassment should be reported whether engaged in by an employee, 16 Japan Village Employee Handbook Updated 4.2023
independent contractor, vendor, supplier, customer, or any other party that conducts business with Company. Do not allow an inappropriate situation to continue by not reporting it, regardless of who is creating the situation. No employee, contract worker, customer, vendor or other person who does business with this organization is exempt from the prohibitions in this policy. In response to every complaint, the Company will conduct an investigation which may involve interviewing witnesses if warranted and, if improper conduct is found, take appropriate corrective action. Company will make every effort to keep the investigation as confidential as possible under the circumstances while still being as thorough in its efforts as is necessary to do its due diligence. All employees are required to cooperate and be forthcoming in assisting with Company's investigations. Employees should not refrain from reporting harassment or discrimination or cooperating in investigations for fear of reprisal. Retaliation against those who report or cooperate in investigations is strictly prohibited in any form. 4.5 Standards of Conduct and Discipline All employees are responsible for knowing and abiding by Company rules and policies. Company prides itself on its ability to meet high standards of ethical and personal conduct throughout its operations. Therefore, you are expected to maintain the highest ethical standards and perform your duties in good faith and to the best of your abilities at all times when engaged in Company business. As an at-will employer, the Company may impose discipline whenever it determines it is necessary or appropriate. Discipline may take various forms, including verbal counseling, written warnings, suspension, demotion, transfer, reassignment or termination. The discipline imposed will depend on the circumstances of each case; therefore, discipline will not necessarily be imposed in any particular sequence. Manager or supervisor has the right to issue disciplines to an employee for misconduct, which employee will be expected to sign, if employee refuses to sign, manager or supervisor may sign in place of employee with statement “employee refused to sign” or employee may sign statement, “I refused to sign warning”. Moreover, at any time the Company determines it is appropriate, an employee may be terminated immediately for engaging in any conduct it deems inappropriate. Employee absolutely and unconditionally waives any and all rights to dispute, counterclaim, or file suit against Company for discipline or termination for failure to abide by Company rules, policies, and standards of conduct.. Misconduct can take many forms, and it is impossible for us to provide you with a comprehensive list of prohibited behaviors. Therefore, the list below is only illustrative and is intended to give you notice of some of Company's general expectations concerning standards of conduct. Keep in mind that these standards of conduct apply to all employees whenever they are on Company property and/or conducting Company business (on or off Company property). Examples of misconduct that may result in discipline or termination include, but are not limited to, the following: 17 Japan Village Employee Handbook Updated 4.2023
• Unsatisfactory job performance, including poor quality or quantity of work including but not limited to prolonged leaning/standing without engaging in any work activity, side chatter, impolite behavior, unwillingness and displeasure to work, engaging with customer, • Engaging in insubordination or disobedience to the legitimate orders of a supervisor, • Repeatedly arriving tardy or starting work late, • Repeated unexcused absences, • Falsifying time records or failure to accurately record time worked, including time records for another employee, • Dishonest behavior, • Illegal discrimination or harassment, • Disorderly conduct, such as violence or threats of violence or blackmail, • Violating Company procedures or instructions, • Failure to abide by health or safety regulations, • Intentionally falsifying Company documents, including Company records and documents provided by the employee during the hiring process, • Excessive use of obscene, profane, or abusive language, • Misusing Company property, including using property without authorization; using Company property improperly; or damaging, destroying, or stealing property, • Theft or stealing of food, retail products, or any other tangible object with value will not be tolerated; will be reported to appropriate law enforcement agency, • Possession or use of weapons or other dangerous items or materials on Company property, • Possession or use of illegal drugs, alcohol, or controlled substances without a valid prescription on Company property or while engaged in Company business, • Failure to disclose conflicts of interests, • Unauthorized use or disclosure of Company's confidential information, • Conviction of a crime that indicates you are unfit to work for Company or represent a potential threat to Company personnel or operations, • Violating applicable laws or regulations in performing your duties, and • Violating any other Company policy or rule. 4.6 Internal Promotions and Transfers Company may choose to initiate promotions or transfers of employees between different positions and locations in order to meet Company's various business needs. Employees that feel that they are well qualified are also encouraged to apply for job vacancies. Company will take into account the past performance, length of service, conduct, skill, potential, and qualifications for the position of all employee candidates for promotion or transfer. Therefore, employees will not become \"entitled\" to a promotion or transfer through length of service alone. At all times Company retains discretion to hire outside candidates and make exceptions to this promotions and transfers policy. 4.7 Dress Code Employees are expected to maintain a clean, orderly, and well-groomed appearance. Specific dress standards will vary depending on the position and responsibilities of each employee. If working as a cashier, you will be expected to wear a hat, fitted jeans or knee-length khaki shorts, and comfortable working shoes such as sneakers. If working in the kitchen, you will be expected 18 Japan Village Employee Handbook Updated 4.2023
to wear a hat or hairnet, apron, non-slip working shoes, and gloves when handling food at all times. Ask your supervisor if you are unsure as to what is appropriate for an occasion. Employees displaying improper dress or appearance will be notified. Repeated inappropriate appearance is grounds for discipline and on reasonable grounds, employee may be terminated for failure to abide by dress code after multiples disciplines. Management will determine what is considered \"appropriate\" dress and appearance. 4.8 Safety The Company is committed to providing a safe workplace. Accordingly, the Company emphasizes \"safety first.\" It is the employee's responsibility to take steps to promote safety in the workplace and work in a safe manner. By remaining safety conscious, employees can protect themselves and their coworkers. Employees are expected to promptly report all unsafe working conditions, injuries, accidents, illnesses, safety hazards, and health concerns that they experience or observe to a manager so potential hazards can be corrected. Failure to abide by Company safety policies or to report unsafe conditions may result in discipline. The Occupational Safety and Health Act (OSHA) is a federal law requiring that we maintain records of all work-related accidents and illnesses. You are required to submit an incident report to a manager for all accidents, illnesses, or unsafe working conditions that an employee suffers or witnesses while on the job, no matter how small. Failure to complete an incident report may result in discipline or prevent your ability to receive other benefits. Fire Safety Employees are required to know and observe OSHA regulations, including helping prevent fires and maintain safe practices for avoiding fires in the workplace. Do not block access to any fire exits, doorways, windows, or fire extinguishers. Please keep all flammable materials stored in covered metal containers. Security As valued members of our team, we strive to ensure your personal security at all time. With this aim, we maintain the following security measures: All stores have multiple surveillance cameras installed to ensure the safety of our employees and customers. 4.9 Workplace Bullying and Violence Company employees are to be treated with courtesy and respect at all times. Bullying or violent behavior through repeated inappropriate abuse of another will not be tolerated in the workplace, whether physical, verbal, or otherwise. Examples include pushing, physical assault, threats, insults, ridiculing, humiliating, slandering, intimidation, coercion, stalking, or otherwise. If you are a victim or witness of direct or indirect bullying or violence, report it to a manager immediately. Communications regarding bullying and violence and any resulting investigations will be kept as confidential as possible under the circumstances. Retaliation against those who report instances of bullying and violence is prohibited. Those suspected of bullying, violence, or dangerous behavior may be suspended during the investigation, without pay, in order to maintain safety in the workplace. If found guilty of violence or other dangerous behavior, including threats of violence, you may be disciplined and terminated at Company's discretion. 19 Japan Village Employee Handbook Updated 4.2023
4.10 Substance and Abuse Company's drug and alcohol policy applies to all employees and applicants for hire and is designed to identify and correct instances of substance abuse in the workplace. Drug and alcohol abuse are serious threats to Company operations and success, not to mention employee health and safety. In order to provide a safe and productive workplace, employees are prohibited from consuming, possessing, selling, or purchasing illegal drugs at any time on Company property or while engaged in Company business. Likewise, employees may not consume alcohol at any time on Company property. Additionally, employees may not have any detectable amount of alcohol or illegal drugs present in their bodily systems at work. The prohibitions in this policy apply whether employees are at a work facility, operating a company vehicle, or conducting off-site work. If an employee is determined to be at work under the influence of drugs or alcohol, the employee will be disciplined or may be terminated at Company’s discretion. A drug is considered illegal if it is illegal to possess or obtain or is legal to possess but has been obtained illegally, such as possessing prescription drugs without a valid prescription. This policy does not prohibit employees from lawfully possessing and using prescribed drugs. However, employees with valid prescription drugs are prohibited from abusing such drugs by consuming them in excess of the prescribed amounts or from consuming prescribed drugs that impair their ability to safely perform their duties. Company reserves the right to require employees taking prescribed drugs to produce proof that they possess valid prescriptions. You are responsible for notifying your supervisor if any prescribed drugs you take may impair your ability to work safely or perform your duties effectively. Any violation of this policy can result in disciplinary action and possible termination, even for an employee's first offense. 4.11 Searches Company reserves the right to conduct searches and inspections of Company property and any items on Company premises, including offices, desks, file drawers, cabinets, lockers, Company vehicles, and other Company equipment (including but not limited to computers, e-mail and voice mail) and facilities or any area on Company premises are the property of the Company (\"Company Property\"), and are intended for business use. Company may search or inspect any part if its premises or property, including items provided to employees for their use, such as lockers, desks, cabinets, and drawers. Employees should have no expectation of privacy with respect to Company property and/or items stored within Company Property or on Company premises. Inspection may be conducted at any time, without notice, at the discretion of the Company. Any illegal items confiscated will be turned over to the appropriate law enforcement agency. Employees must fully cooperate in all searches or inspections; failure to do so is insubordination and will result in disciplinary action, up to and including termination. 20 Japan Village Employee Handbook Updated 4.2023
4.12 Smoke-Free Workplace Except in designated smoking areas and in conformance with state law, Company prohibits smoking on all Company premises, including inside and outside on all areas on Company premises, and inside Company vehicles. Smoking is only allowed as follows: Smoking is prohibited indoors. Smoking is allowed outside of the property at least 20 feet away from the storefront. This policy applies to all employees, contractors, visitors, and other persons that are present on Company premises or any other place where smoking is prohibited by this policy. \"Smoking\" is defined as the \"act of lighting, smoking or carrying a lighted or smoldering cigar, cigarette or pipe of any kind including electronic smoking devices.\" 4.13 Computer and Electronic Communication Policy The Company uses various forms of electronic communication, any digitally- or electronically- stored or transferred information, using an electronic device, including, but not limited to: computers, email, telephones, voicemail, instant message, text message, fax machines, Internet, and cell phones (hereafter referred to as \"electronic communications\"). The electronic communications, including all software, databases, hardware, and digital files, remain the sole property of the Company and are to be used only for Company business and not for personal use. You have no right to privacy in your electronic communications created on behalf of Company or using Company property. Company has the right to override your personal passwords in order to gain access to digitally stored information owned by Company. Take care to not transmit or store your own sensitive personal information using or on Company property. Company routinely monitors your use of its electronic devices. We may access all Company-owned electronic communications, including emails, internet posts, text messages, voicemails, etc. You will be subject to discipline if found to be using or creating Company-owned electronic communications or devices in an inappropriate or illegal manner. Employees may only access Company's electronic communications and devices that they have been granted access to. This means you may not access electronic communications restricted to management, other employees, or third parties without prior authorization. Employees must use Company's electronic communications and devices in strict compliance with Company's confidentiality policy described herein. Take care not to disclose confidential information to inappropriate persons or without authorization via Company's electronic communications or devices, especially when sending emails to outside parties. Company's electronic communications and devices may not be used to create or display anything that might disparage or negatively impact Company's public image or reputation or that would otherwise be contrary to Company's best interests. In addition, employees using Company's electronic communications and devices are prohibited from the following: engaging in discriminatory, harassing, obscene, or illegal conduct; engaging in copyright, trademark, or other intellectual property infringement; accessing electronic communications that an employee is restricted or prohibited from accessing, or otherwise violating Company policy. 21 Japan Village Employee Handbook Updated 4.2023
Employee may only use Company's electronic communications or devices for business purposes, not personal use. This means accessing internet websites not for business purposes or accessing personal email during work is prohibited. Additionally, you may not install personal software on Company electronic devices or systems. You may only use your personal electronic devices while on break. Note that illegally duplicating Company software may result in copyright charges against you and Company. You must also take care to not use Company's electronic communications or devices in any way that disrupts the ability of others to use them. Be wary of suspicious emails, emails from unknown parties, and pop-ups and downloads from sites that are not trusted. Contact a supervisor if you become aware of any virus on a Company device or think you may have downloaded a virus accidentally. 4.14 Social Media Japan Village Inc. is committed to utilizing social media to enhance its profile and reputation, to listen and respond to customer opinions and feedback, and to drive revenue, loyalty and advocacy. We encourage employees to support our activities through their personal social networking channels while adhering to the guidelines outlined in this section. For the purpose of this section, social media and networking refers to the use of web-based and mobile applications for social interaction and the exchange of user-generated content. Social media channels can include, but are not limited to: Facebook, Twitter, LinkedIn, YouTube, blogs, review sites, forums, online communities and any similar online platforms. Employees are expected to conduct themselves in a professional manner and to respect the views and opinions of others. Remember that your statements reflect on Company's reputation and public image. Take care to distinguish any personal opinions you may have from Company's. Behavior and content that may be deemed disrespectful, dishonest, offensive, harassing or damaging to the company's interests or reputation are not permitted. The use of social media channels on company time for personal purposes is not allowed. While we encourage your support of Company through your use of social media, you must obtain authorization prior to making posts of Company-related content that are accessible to the public or any party outside the company. Any social media contacts, including \"followers\" or \"friends,\" that are acquired through accounts (including but not limited to email addresses, blogs, Twitter, Facebook, YouTube, LinkedIn, or other social media networks) created on behalf of the Company will be the property of the Company. Employees must not disclose private or confidential information about the Company, its employees, clients, suppliers or customers on social networks. Employees must respect trademarks, copyrights, intellectual property and proprietary information. No third-party content should be published without prior permission from the owner. 22 Japan Village Employee Handbook Updated 4.2023
Company may monitor your use of social media and may ask you to delete or change any Company-related content found to be inappropriate or not in Company's best interest. Violation of policy guidelines is grounds for discipline, up to and including termination. 4.15 Personal Phone Calls and Cell Phone Use Making personal phone calls or using your cell phone during work can be disruptive to others and interferes with employee productivity. Therefore, employees may not make personal phone calls or use their cell phones during work except during breaks. Company retains the right to outright prohibit all personal calls and cell phone use, except during emergencies, and managers may prohibit personal calls for individual employees that abuse the privilege. Managers may also confiscate cell phones and retain them until your shift ends. Keep your cell phones silenced at all times during. The Company may provide cell phone allowances to employees in certain positions in an effort to improve efficiency and effectiveness. Violation of policy guidelines is grounds for discipline, up to and including termination. Phone and Photography At Japan Village, we believe in providing exceptional service and a positive experience for all of our guests. To ensure that our servers are fully focused on serving our customers, we have implemented a strict policy prohibiting the use of personal cellphones while on duty. This means that our servers are not allowed to use their phones to make calls, send texts, check social media, or engage in any other activities that are not related to their job duties. We believe that this policy will improve the overall quality of service and help to create a more professional environment for our customers. Additionally, we understand that privacy is important to our customers, and we respect their right to enjoy their dining experience without interruption. Therefore, we also prohibit our servers from taking pictures of customers while on duty. This policy ensures that our customers can relax and enjoy their meals without feeling self-conscious or uncomfortable. 4.16 Company Equipment and Property Any equipment that Company issues to employees will remain Company's sole property and must be returned promptly at the end of employment. Company-issued equipment may include computers, vehicles, and other items. You are responsible for performing regular maintenance, follow all operating instructions and safety guidelines, and not damaging or destroying any Company equipment or property you receive or use during the course of your employment. Please notify your supervisor immediately if you discover any Company equipment or property that is damaged, defective, hazardous, or in need of repair. Ask your supervisor if you have questions or concerns regarding proper operation or maintenance of Company equipment or property. Employees that handle Company equipment or property improperly, negligently, or in an unsafe manner may be disciplined, and employees may be required to reimburse Company for damages they cause directly or indirectly to Company property. 23 Japan Village Employee Handbook Updated 4.2023
4.17 Solicitations in the Workplace Soliciting for causes and distributing non work-related materials in the workplace may cause disruptions and interfere with productivity. Employees and non-employees are prohibited from soliciting and distributing or posting literature or other materials in the workplace without prior authorization. This includes things such as requesting donations and funds, selling products or services, gathering signatures, promoting organizations, posting on bulletin boards, sending non- work-related emails, and posting solicitations on Company online spaces. 4.18 Policy on Employee Safety Measures The safety and well-being of our employees is of utmost importance to Japan Village. In order to ensure a safe working environment, we have developed the following policy to guide our employees on how to handle potentially dangerous individuals. Policy: 1. Risk Assessment: All employees must assess the risk associated with each customer interaction. If a customer is displaying aggressive or threatening behavior, employees must take steps to protect themselves and others in the vicinity. 2. De-escalation: Employees must attempt to de-escalate the situation by remaining calm and using appropriate communication techniques to diffuse the situation. Employees must avoid raising their voice, using offensive language or making any physical contact that may provoke the customer. 3. Communication: Employees must communicate with their supervisors or managers immediately if they feel threatened or unsafe. Employees must provide as much information as possible about the customer, including name, address, and any identifying information, in order to assist with any future action. 4. Security Measures: Our organization provides security measures such as CCTV cameras in certain locations. Employees should be aware of the location of such security measures and must use them if necessary. 5. Training: Employees will receive training on how to identify and manage potentially dangerous individuals, including techniques for “de-escalation”, communication, and identifying signs of aggression. 6. Reporting: All incidents involving potentially dangerous individuals must be reported to the appropriate authorities, including the police and the company's management. Employees must document the incident as accurately as possible, including any witness statements or evidence. 7. Support: Japan Village provides counseling and support services to employees who have experienced traumatic incidents involving dangerous individuals. Employees should feel comfortable in approaching the human resources department for help. 24 Japan Village Employee Handbook Updated 4.2023
Further more see Japan Village’s Policy on Employee Safety Measures when Dealing with Potentially Dangerous Individuals for more information. SECTION V- Employee Benefits - 5.1 Benefits Company reserves the right to alter, supplement, amend, or end employee benefits at any time. Official benefits plans and documentation contain many terms and conditions. Be sure to consult official documentation to specific benefits and/or a human resources manager if you have any related questions or concerns. Based upon job performance and length of employment as well as Company performance and profitability, a full-time employee may be eligible for a bonus at the end of the year. 5.2 Social Security Both you and Company contribute to the federal government's Social Security Program. This program is designed to provide you benefits when you retire, become disabled, or are unemployed. SECTION VI- Time Off and Leaves of Absence - 6.1 Requesting Leave Company's operations rely on having a dependable and consistent workforce. However, we understand that circumstances will sometimes require employees to take time off work. Unless a specific type of leave in this policy provides a different notice time or otherwise required by law, employees must provide at least 4 weeks advance notice prior to taking planned leave. Employees must properly submit all requests for leave within the notice period required and receive authorization prior to taking the time off work. Unless required to authorize the leave by law, Company will grant leave requests based upon Company needs and Company's ability to absorb the missed work. Company reserves the right to penalize, demote, transfer, or reassign employees that take extended leaves of absence, unless prohibited by law. Vacation Policy All full-time employees will receive one week (5 working days) of paid vacation time after their first year of employment. After completing two years of employment, employees will be entitled to two weeks (10 working days) of paid vacation time per year. After three (3) years, full-time employees are entitled a third unpaid week of vacation. (15 working days 10 paid 5 unpaid) Vacation time must be taken in the year it is earned and cannot be carried over into the following year. Employees may request vacation time in advance, but approval is subject to the needs of the business and availability of other employees to cover the workload. 25 Japan Village Employee Handbook Updated 4.2023
During vacation time, employees will continue to receive their regular pay and benefits. If an employee chooses not to take their vacation time, they will not receive additional compensation in lieu of the vacation time. This policy is subject to change at any time, at the discretion of the company. Medical Certification Company requires the need for leave for a serious health condition of the employee be supported by a certification issued by a healthcare provider. Company allows the employee at least 7 calendar days to obtain the medical certification. Sick Days Policy Purpose The purpose of this policy is to provide employees with paid time off when they are unable to work due to their own illness, injury, or health condition, as well as to care for their family members who are ill, injured, or have a health condition. Eligibility All full-time and part-time employees who work for Japan Village in New York City are eligible for sick leave under this policy. Accrual of Sick Leave Employees will accrue sick leave at a rate of one hour of sick leave for every 30 hours worked, up to a maximum of 40 hours of sick leave per calendar year. Use of Sick Leave Employees may use sick leave when they are unable to work due to their own illness, injury, or health condition, or to care for a family member who is ill, injured, or has a health condition. Employees may also use sick leave when their place of business or their child's school or daycare is closed due to a public health emergency. Notification and Documentation Employees must notify their supervisor or manager as soon as possible, but no later than one hour before their scheduled start time, if they will be absent due to illness or to care for a family member. Employees may be required to provide documentation from a healthcare provider if they are absent for more than three consecutive days. Carryover and Payout of Unused Sick Leave Employees may carry over up to 40 hours of unused sick leave from one calendar year to the next. However, employers are not required to pay out unused sick leave upon separation from employment. Prohibited Acts Employers are prohibited from retaliating against employees for using sick leave or for exercising their rights under this policy. 26 Japan Village Employee Handbook Updated 4.2023
Enforcement Employees may file a complaint with the New York City Department of Consumer and Worker Protection if they believe their employer has violated this policy. Posting and Distribution Employers must post this policy in a conspicuous location and provide a copy to all employees at the time of hire, and annually thereafter. This policy is intended to comply with the requirements of the New York City Earned Sick Time Act. Employers should consult with legal counsel to ensure compliance with all applicable laws and regulations. 6.2 Jury Duty In accordance with state and federal law, employees receive unpaid time off to serve on jury duty. Employees must present their jury summons notice as soon as possible so that Company may make arrangements to cover their shift. Employees must promptly report to work whenever their jury duty schedule does not conflict with their work schedule. Employers that terminate or penalize employees for jury duty may be charged with criminal contempt. New York allows employees to take time off to respond to a jury summons or to comply with a subpoena related to a crime of which the employee is a victim or witness 6.3 Domestic Violence Victim Leave In accordance with state law, as of Nov. 18 2019, as per amendments to the state Human Rights Law designed to protect domestic violence victims, New York enacted a requirement that employers grant leave as a reasonable accommodation to employee victims of domestic violence. Under the new provision, employees whom are victims of domestic violence are allowed leave for a reasonable amount of time to: Seek medical attention for injuries caused by domestic violence (including for a child victim); Obtain services from a domestic violence shelter, program or rape crisis center as a result of domestic violence; Obtain psychological counseling related to an incident of domestic violence (including for a child victim); Participate in safety planning and take other actions to increase safety from future incidents of domestic violence, including temporary or permanent relocation; or Obtain legal services, assist in the prosecution of the offense, or appear in court in relation to the incident of domestic violence. 6.4 Voting Leave As per Section 3-110 of the New York State Election Law, employees in New York State are allotted time off to vote. New York State employees are eligible for up to two hours of paid time off to vote if they do not have “sufficient time to vote.” An employee is deemed to have “sufficient time to vote” if an employee has four consecutive hours to vote either from 27 Japan Village Employee Handbook Updated 4.2023
the opening of the polls to the beginning of their work shift, or four consecutive hours between the end of a working shift and the closing of the polls. You may take time off at the beginning or end of your working shift, as your employer may designate, unless otherwise mutually agreed. YOU MUST NOTIFY YOUR EMPLOYER Not less than 2 days, but not MORE THAN 10 days, before THE DAY OF THE ELECTION THAT YOU WILL TAKE TIME off to vote. 6.5 Military Service Leave New York employees are entitled to military leave. Employees may be reinstated after leaving a job, other than a temporary one, in order to perform military service. However, the employee must receive a certificate of completion, still be qualified for the job, and apply for re- employment in the specified time period: within 90 days of release from active military duty, within ten (10) days of release from temporary service such as drill or annual training, within 60 days of release from full time or active duty training. 6.6 Volunteer Emergency Responders Leave New York employees may take leave to serve as a volunteer firefighter or a member of a volunteer ambulance service in response to an emergency. However, if an employee’s absence would cause an undue hardship, the employer can deny the request for leave. The leave may be unpaid. Afterward, the employer may require that the employee provide documentation confirming they were providing emergency services. 28 Japan Village Employee Handbook Updated 4.2023
Acknowledgement of Receipt I acknowledge that I have received the Japan Village Employee Handbook which contains vital information on the Company’s policies, procedures and benefits. I understand that the handbook’s policies are intended only as guidelines, not as a contract of employment. I understand that my employment is on “at-will” terms and therefore subject to termination with or without notice or obvious reason, by myself or the Company. Changes to my “at-will” status may only take the form of a written agreement signed by an authorized member of the Company as well as myself. This agreement supersedes all prior/contemporaneous inconsistent agreements. I understand that the Company may change its policies, procedures and benefits at any time at it’s discretion, as well as interpret or vary them however it deems appropriate. I have read and agree to bide by all policies and procedures contained therein. Employee Signature Date Authorized Member Signature Date 29 Japan Village Employee Handbook Updated 4.2023
Search
Read the Text Version
- 1 - 29
Pages: