Transportation Resources, Inc.
PERSONNEL MANUAL
As revised 11/21/06
©1999, 2006 Transportation
Resources, Inc.
All Rights Reserved
Duplication is Prohibited
THIS MANUAL IS A PROPRIETARY AND CONFIDENTIAL
DOCUMENT
AND IS FOR THE SOLE USE OF THE EMPLOYEES
OF TRANSPORTATION RESOURCES, INC.
The policies described in this manual generally relate the personnel and office policies, practices and benefits of the company. In the event a situation or event is not specifically described or any wording of a policy or practice is subject to further interpretation based on any individual situation or an error is detected, the company reserves the right to interpret the applicable policy or practice whenever necessary. The company also reserves the right to establish any new policy or practice that is not currently described in this manual as the need arises.
Transportation Resources, Inc.
PERSONNEL MANUAL
Robert McKay Jones |
President and Director |
Jacqueline M. Jones |
Treasurer and Director |
Robert M. Jones Jr. |
VP & Lead Programmer |
Joseph E. Brochu |
Manager Network Operations |
TABLE OF CONTENTS CODE OF PROFESSIONAL ETHICS STATEMENT OF CONFIDENTIALITY SECTION II, OFFICE POLICIESTHE ORGANIZATION ABSENCES FROM THE OFFICE BUSINESS, PROFESSIONAL AND COMMUNITY ORGANIZATIONS BUSINESS DEVELOPMENT BUILDING HOURS CAR INSURANCE LIABILITY – TRAVELING ON COMPANY BUSINESSSECTION III. PERSONNEL POLICIES:Damage to Employee’s Vehicle Bodily Injury to Employees Bodily Injury and Property Damage to Another PartyCASUAL DRESS CORRESPONDENCENormal Correspondence Correspondence Rendering Advice or Other Assurances Oral: Letters EmailDRESS STANDARDS 800 PHONE NUMBER HOUSEKEEPING MEALS, REIMBURSEMENT FOR OFFICE HOURS OTHER ABSENCES PAYCHECKS PERSONAL EXPENSES REFERENCES SMOKING POLICY TIME AND EXPENSE REPORTING TRAINING TRAVEL REIMBURSEMENT EXPENSETelephone Calls Travel Time – Local Clients Travel Time – Attendance at Local Conferences and Seminars Not Requiring Air Travel Travel Time Requiring Air Travel to Clients, Attendance at Conferences and Seminars Mileage and Meals
CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT OF 1986 (COBRA) COURT APPEARANCES (PERSONAL) COURT WITNESS E-MAIL POLICYSECTION IV. EMPLOYEE BENEFITS:Business Use Only: Proper Identification and Unauthorized Use: Individual Privacy: Inappropriate Messages: Some Types of E-mail May Contain Viruses: Management and Utilization of E-mail Resources: Consequences of Violation:EMPLOYEE COMPENSATION FAMILY AND MEDICAL LEAVE ACT OF 1993: COMPANY PROPERTY FLEX TIME GRAND JURY DUTY:Federal: State:INTERNET SECURITY:ACCESS: BUSINESS USE: MONITORING: MANDATORY WORKSTATION STANDARDS:HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 JURY DUTY (State) NEWBORNS’ AND MOTHERS’ HEALTH PROTECTION ACT OF 1996 OUTSIDE EMPLOYMENT PERFORMANCE REVIEWS:Evaluation Program and Calendar:PERSONAL CONDUCT SEXUAL HARASSMENT:INTRODUCTION: DEFINITION OF SEXUAL HARASSMENT COMPLAINTS OF SEXUAL HARASSMENT SEXUAL HARASSMENT INVESTIGATION DISCIPLINARY ACTION STATE AND FEDERAL REMEDIESTERMINATION OF EMPLOYMENTCOFFEE, SOFT DRINKS: EMPLOYEE RETIREMENT SECURITY ACT OF 1974 (ERISA): FUNERALS: HOLIDAYS LIFE INSURANCE: MEDICAL INSURANCE: MEDICAL INSURANCE CONTRIBUTIONS: PART-TIME EMPLOYEES: PERSONAL DAYS SICK LEAVE: VACATIONSFull-Time Employees with six months but less than five years’ service: Full-Time Employees with five years’ but less than ten years’ service:WORKERS COMPENSATION INSURANCE
Professional employees of the company are expected to be fully familiar with the broad concepts of the code and to comply with the specific rules of conduct required. The concepts stated in the Code of Professional Ethics are:
The essence of our relationship with a client is the assurance that all information we obtain during the course of our involvement will be kept in complete confidence. Any breach of confidence seriously endangers the continuation of our relationship. Therefore, it is of the utmost importance that all employees take all possible precautions to avoid any violations of confidentiality.
Client’s affairs should never be discussed with third parties related to the client such as bankers, lawyers, investment counselors, etc., unless we have specific prior authorization to do so. If such authorization is not in writing, it is desirable to place a memorandum in our files describing the nature and extent of the authority granted.
Much of the information in a client’s organization is restricted as to distribution, particularly the financial data with which we are most often concerned. Never discuss confidential information with client employees who are not authorized to hear it and do not have a "need to know."
Care should be exercised in discussing client matters with other members of the company who are not involved in the engagement. Disclosure of confidential information to others in the company should be avoided if it serves no useful purpose.
Discussion of client matters with outsiders such as personal friends, family members, etc., should be avoided even though the information appears to be of a non-confidential nature. Most clients are sensitive about any aspect of their business being discussed by their accountants. The confidential nature of a client’s business should be respected.
Client affairs should not be discussed in public places such as restaurants, planes, trains, buses, elevators, etc. where the discussion may be overheard by others.
Care should be taken in discussing matters involving one client with another client, even if the matter is not confidential and the clients are not in competition. The client participating in the conversation may consider such comments indiscreet.
Any discussions with governmental agencies must result from specific client authorization or in compliance with valid subpoenas or summonses. The only information to be divulged is that covered by the authorization, subpoena or summons. A Director should be contacted before any information is released. When necessary, our counsel should be consulted to determine if the information is protected by a privileged relationship.
Transportation Resources, Inc. (TRI) was born in March of 1983.
It began in the dark ages of the motor carrier adaptation to the Motor Carrier Act of
1980. We brought flexibility and professionalism to small to mid-size companies with
innovative rating methods, low-cost software and a high-tech understanding of LTL
carriers, brokers, freight forwarders and air freight carriers.
Today, we clear through the mist in a world of operating systems, programming software, application software, computer hardware, communications equipment and interactive voice options. We continue to provide flexibility, ease of entry and application and innovation.
We make use of the latest technologies not available even 2 years ago. The Internet, Intranet, IVR, OCR, Imaging, Java, VB Script, Active Server Pages, SQL and ODBC all play a role in today's information technology opportunities.
If you have to leave early, expect to arrive late or will not be in the office for the day, you should call the office.
Records are maintained for sick leave, personal time and vacation time by the Payroll Accounting Department.
BUSINESS, PROFESSIONAL AND COMMUNITY ORGANIZATIONS
The professional staff is encouraged to participate in organizations, and periodically, TRI will review its representation in certain organizations and designate employees to participate therein. Involvement on various committees/organizations should promote individual skills development and/or professional recognition and should not be in conflict with the interests of TRI. Participation normally should occur outside of normal working hours.
The following factors should/will be used in selecting organizations for representation:
The company will pay or reimburse reasonable expenses of those sponsored for membership in professional and business organizations. Those not sponsored for association membership are eligible for reimbursement expenses if participation in the activity is approved in advance by the President. Continued reimbursement of expenses is contingent upon the participant demonstrating his/her intent or willingness to be an active member of said organization.
Reimbursable expenses should be provided in writing with receipts.
TRI supports and encourages the development of business associates, referral sources, clients and potential clients. Meals and other entertainment expenses associated with such activities will be reimbursed if pre-approved by the President.
Expenses not considered reasonable by the Marketing Director will be reimbursed for that one instance only. In such circumstances, the Marketing Director will inform the individual who incurred the expense. It is important to note, however, that special or unusual expenses should be approved by the Marketing Director before the expense is incurred to be eligible for reimbursement.
Reimbursable expenses should be listed on the Marketing Expense Form, which should be attached to (and referred to) on the primary expense report and accompanied by receipts.
Sterling:
The Offices at 50 Leominster Road are assessable 24 hours a day, 7 days a week.
CAR INSURANCE LIABILITY – TRAVELING ON COMPANY BUSINESS
Damage sustained to any vehicle owned by the employee or a member of his/her household while the employee is traveling on business for the company is the responsibility of the employee.
An employee’s own collision insurance would provide coverage as it would in a non-business situation. The employee is also responsible for payment of any deductible.
Bodily injury to an employee incurred in an auto accident while driving on company business is covered under the company’s Workers’ Compensation Insurance Policy.
Bodily Injury and Property Damage to Another Party:
In the event another party involved in any accident seeks payment for damages (bodily injury and/or property) in excess of the employee’s limits of liability, the company maintains a liability policy that includes coverage for amounts in excess of the employee’s limits.
Casual dress is permitted each day throughout the year. Employees who expect to meet with clients or are scheduled to work at a client’s place of business are expected to adhere to our casual dress standards. Employees are encouraged to wear TRI clothing if it is provided to employees.
Casual dress generally includes slacks, knit shirts and shoes. Sweatshirts, shorts, T-shirts and sandals are not acceptable as casual dress.
To build and maintain the reputation of the company, it is essential that all correspondence sent from our company be of the highest quality possible. To accomplish this, the company has a quality control process for all correspondence as follows:
Any correspondence prepared by a person below the level of Manager must be approved by a Manager, Officer or Director before the correspondence can be printed on letterhead. Such approval must be obtained by submitting a white draft copy to the person responsible for approving the correspondence.
Correspondence Rendering Advice or Other Assurances:
Same approvals as normal correspondence plus approval by a concurring Manager, Officer or Director.
A memorandum of oral advice should be prepared for, and acknowledged by a Manager.
No approval is needed.
Any correspondence, work papers, schedules, documents, etc., that are to be electronically transmitted to clients are subject to the same approval process as listed above. Therefore, any transfer of data by fax, computer generated fax, or electronic mail (transmitted by any means) prepared by a person below the level of Manager must be approved by a Manager, Officer or Director.
In addition, the approval process for rendering advice or other assurances must be adhered to when electronically transferring data. Approvals should be indicated on the hard copy printed for the client’s file.
The company is concerned about the impression we make on our clients and tries to maintain a professional atmosphere in our office and the client’s office. For this reason, employees are requested to dress professionally, neatly and be well groomed at all times.
The company has an "800" number. 800-414-3515. The number is intended only for the use of our employees to make long distance business calls to our office when they are at our clients’ offices. The number should not be given to any relatives, friends, etc.
Each employee is expected to maintain a clean, uncluttered, neat and orderly work area or office to which he or she is assigned. This also applies to the common areas of our office used by all employees (kitchen, copy rooms, library, etc.).
Decorating of personal work areas with pictures, art work, personal mementos, plants, etc., should be tastefully done in keeping with the professional atmosphere of our office.
Client matters and files must be safeguarded at all times, and such matters must be placed in file drawers out of the public view and not left on the floor.
The cost of a weekday evening meal will be reimbursed up to $8.00 for anyone working a minimum of ten (10) hours in any day. Saturday and Sunday lunches will be reimbursed up to $5.00 for anyone working after 1:30 p.m. and more than 5 hours on each of these days. For meal expense reimbursement, receipts must be attached to regular expense reports.
Our office hours are 8:30 a.m. to 5:30 p.m., Monday through Friday with one hour for lunch.
Unless otherwise permitted by management, all personnel are expected to be here at 8:30 a.m. to provide service to our clients and to be available when other staff members need assistance. This also applies when working in the field unless the client has requested an earlier or later arrival time.
Employees are expected to be available to both clients and our staff during our workday unless they will not be in the office. Wherever possible, the staff is free to choose any hour between Noon and 2:00 p.m. for lunch, consistent with the requirements of those for whom they are working
Occasionally, employees need to be away from work for reasons other than the absences listed in this manual. All such absences must be approved in advance by the President.
Employees are paid on a weekly basis on every Tuesday provided that their time entries have been posted. Paychecks are delivered to employees each payday. An employee absent on payday can obtain his/her paycheck from the Office.
Occasionally, employees may charge personal expenses (i.e., personal phone calls, Federal Express, stamps etc.) to the company. Any unpaid personal charges will be deducted from expense checks before the checks are issued.
Employees who do not submit monthly expense reports are expected to pay any outstanding balances by the end of each month.
All reference checks on present and former employees must be referred to the President. It is our policy to verbally verify factual information only, such as date of hire, date of termination and position held. Salary will be verified only upon receipt of written permission from the employee.
To protect the health of all employees, avoid conflicts between smoking and non-smoking workers, smoking in the workplace and restrooms is not allowed. Employees wishing to smoke must do so outside the building.
Clients are also asked not to smoke while visiting our office.
All employees are provided with a means to connect to the Internet. Time is to be entered using the www.trif.com web site. As such, time can be entered while at the office, while at home or while at most client locations.
Time must be submitted to the Payroll Accounting Department by 10:00 a.m. each morning following the day of work. This is an individual responsibility of each staff person.
Continued failure to timely comply with submitting time records will result in a downgrade of employment status to be decided by the President.
Expense reports should be submitted weekly as part of the time record entry. Receipts should be delivered to the office. Approved expenses will be paid once a week on the payroll date. Any unpaid personal charges (i.e., telephone, Federal Express, etc.) will be deducted from expense checks before they are issued. Employees not submitting expense reports are expected to pay any outstanding balances of personal charges by the end of each month.
Staff members should avoid making credit card calls and are encouraged to call home and have their spouses return the call to obtain the lower residential phone rates.
Phone expenses should be included on expense
reports. Copies of phone bills should be attached to the reports.
Requests for self-study courses and outside seminars and courses are submitted to the President for approval. Upon approval, the employee registers for the course. Upon successful completion of a course or attendance at a seminar, documentation of such completion should be submitted for input into the company’s records.
Employees will be required to travel to clients on a regular basis. The following information provides guidelines which will be helpful when submitting expense reports and time records.
NOTES:
- In all cases, the time actually spent working is charged as regular time. Travel time is charged in accordance with the above policy.
- If you should leave early from a client, the remainder of the day should not be charged to the client as either travel or regular time.
Travel Time – Attendance at Local Conferences and Seminars Not Requiring Air Travel
No travel time is paid for attendance at local conferences and seminars.
Travel Time Requiring Air Travel to Clients, Attendance at Conferences and Seminars
Travel time up to 4 hours each way will be compensated.
NOTE: When several employees are working on an out-of-city assignment, an effort should be made to meet at a common location and car-pool to the client’s office.
SECTION III. PERSONNEL POLICIES
CONSOLIDATED OMNIBUS BUDGET RECONCILIATION ACT OF 1986 (COBRA)
On April 7, 1986, a Federal law was enacted (Public Law 99-272, Title X) requiring that most employers sponsoring group health plans offer employees and their families the opportunity for a temporary extension of health coverage (called "continuation coverage") at group rates in certain instances where coverage under the plan would otherwise end. This notice is intended to inform the terminating employee, in a summary fashion, of his/her rights and obligations under the continuation coverage provisions of the law.
If, as an employee of Transportation Resources, Inc. (the Company) the terminating employee is covered by Fallon Community Health Plan, Blue Cross/Blue Shield of Massachusetts or Healthsource Massachusetts Health Care (hereafter referred to as the Group Health Plan) the terminating employee has the right to choose this continuation coverage if he/she loses his/her group health coverage because of a reduction in his/her hours of employment or the termination of employment (for reasons other than gross misconduct on the part of the terminating employee).
If the terminating employee’s spouse is covered under his/her Group Health Plan, he/she will also have the right to choose continuation coverage for himself/herself if the terminating employee loses group health coverage under the Group Health Plan for any of the following four reasons:
In the case of a dependent child of a terminating employee covered by the company, he or she has the right to continuation coverage if group health coverage under the Group Health Plan is lost for any of the following five reasons:
Under the law, the employee or a family member has the responsibility to inform the Company of a divorce, legal separation, or a child losing dependent status under the Group Health Plan within 60 days of the event. (See COBRA Qualifying Event Transmittal Form, Tab No. 4 in the Appendix.) The Company has the responsibility to notify the Plan Administrator of the employee’s death, termination of employment or reduction in hours, or Medicare entitled.
When the Company is notified that one of these events has happened, the Company will provide notice to the terminating employee, spouse or child that he/she has the right to choose continuation coverage. Under the law, the employee, spouse or child has at least 60 days from the date the coverage would be lost because of one of the events described above to inform the Company whether or not he/she is electing continuation coverage.
If continuation of coverage is not chosen, group health insurance coverage will end.
If the employee chooses continuation coverage, the Company is required to give coverage which, as of the time coverage is being provided, is identical to the coverage provided under the plan to similarly situated employees or family members. This law requires that the opportunity to maintain continuation coverage for 3 years be given unless group health coverage is lost because of a termination of employment or reduction in hours. In that case, the required continuation coverage period is 18 months. This 18 months may be extended if other events (for example, divorce, legal separation or death) occur during that 18-month period. In no event will coverage last beyond 3 years from the date of the event that originally made eligibility to elect coverage possible. However, this law also provides that continuation coverage may be cut short for any of the following four reasons:
The terminating employee does not have to show that he/she is insurable to choose continuation coverage. *However, under the law, the terminating employee may have to pay all or part of the premium for their continuation coverage. There is a grace period of at least 30 days for the regularly scheduled premium. (This law also says that, at the end of the 18-month or 3-year continuation coverage period, the covered person must be allowed to enroll in an individual conversion health plan provided under the Group Health Plan.)
Employees are expected to use personal or vacation time for personal court appearances.
Employees who are subpoenaed by any state court to appear as a witness in a criminal action are expected to use personal or vacation time for such court appearances.
The company provides electronic mail to employees at Company expense for their use in performing their duties for the Company. TRI employees who use the corporate E-mail system or send Public E-mail over the Internet should be familiar with and adhere to this E-mail policy and TRI’s Communications Policy.
Any TRI Employee who has E-mail capability can exchange E-mail over the Internet. Public E-mail is one of the Internet’s significant benefits for the company as it allows our employees to communicate directly with detached agents, clients, customers, vendors and other companies.
This policy is intended to serve as a guide for using Corporate E-mail and Public E-mail Services. Employees with any questions or comments or who would like a copy of the Public Electronic E-mail Guide, should contact the President.
Because TRI provides the electronic mail system to assist employees in the performance of their jobs, he/she should use it for official Company business. Incidental and occasional personal use of E-mail is permitted by the company, but these messages will be treated the same as other messages. TRI reserves the right to access and disclose as necessary all messages sent over its E-mail system, without regard to content.
Proper Identification and Unauthorized Use
Employees should only use their personal logon, password and mailbox when using the E-mail system. Employees are prohibited from unauthorized use of the logons and passwords of other employees to gain access to other employee’s E-mail messages or from attempting to hide their identity when sending e-mail.
All E-mail messages are Company records. The contents of E-mail messages may be disclosed within the Company without any employee’s permission. E-mail messages are NOT private or confidential.
Employees are expected to communicate in a professional manner. The use of foul, obscene, abusive, harassing or otherwise inappropriate language or images when sending messages is expressly prohibited. It is never appropriate to send a defamatory message, that is, to make a false statement of fact about a specific person that is sufficiently serious to damage his/her reputation. It is also inappropriate to disclose private or personal matters about an individual to persons other than those who have a business need to know.
Some Types of E-mail May Contain Viruses
Employees should be aware that viruses could be encountered with E-mail attachments. It is each employee’s responsibility to ensure that the corporate anti-virus software is properly installed and operational on his/her workstation. If this software is properly installed, employees will be warned if any viruses are encountered on their systems as a result of E-mail attachments. This software will ensure that employees are protecting the corporate network from becoming infected with a potentially destructive virus. If at any time a virus is suspected, or employees need more information on computer viruses, call our Network Administrator, Ext. 336. (Continued)
Public Forums and Appropriate Use
Internet E-mail users should be careful when considering subscribing to public mail lists or news groups. These forums can generate hundreds or even thousands of messages per day. It is each employee’s duty to act responsibly and not create large numbers of incoming messages that could jeopardize our corporate network and E-mail systems. Abuse may result in removal of an employee’s ability to use Public E-mail.
Management and Utilization of E-mail Resources
TRI reserves the right to monitor and manage all corporate E-mail traffic. All messages will be backed up on a daily basis for business and legal reasons. This listing will serve as documentation of employees’ use of Public E-mail and also provide the opportunity to regularly remind users of TRI’s business-use policy and the importance of anti-virus software.
Employees who use the Company-provided E-mail system in violation of the rules outlined in this policy may be subject to disciplinary action, up to and including termination of employment.
Employees are paid on a Weekly basis on Tuesdays through the prior Friday.
Staff is paid overtime at time and one-half for all time worked over forty (40) hours per week. In calculating the hours of work subject to payment at time and one-half, sick, personal and vacation time will be excluded. These hours will be paid at straight time.
FAMILY AND MEDICAL LEAVE ACT OF 1993
The Family and Medical Leave Act of 1993 (FMLA) became effective August 5, 1993. A complete copy of this act and Certification of Physician or Practitioner form as published by The Bureau of National Affairs, Inc., Washington, D.C. is located in the Appendix of this manual, Tab 1. The FMLA provides up to twelve weeks of unpaid leave to all employees with companies with 50 or more employees. It further requires employers to continue to pay their portion of the employee’s health care premiums during the leave and also requires employers to guarantee return to the employee’s old job or an equivalent position. The FMLA covers employees who have worked 1,250 hours during the twelve months immediately preceding the leave of absence.
Further, as provided by this new law the Company has elected to require employees requesting a leave of absence under the FMLA to take any accrued paid time (vacation, sick, personal and comp time) before taking time without pay.
The Company also elected to use its fiscal year (July 1 through June 30) in defining a "12-month period" under the provision of the FMLA. The Company further elected to change this designation to a "rolling 12-month period" effective August 4, 1994.
Any employee requesting leave of absence for personal or family health reasons will be required to furnish medical certification substantiating a serious health condition as defined under the FMLA. (See sample form in Appendix, Tab No. 3.)
Workstations assigned to employees are the property of Transportation Resources, Inc. and, as such, the company reserves the right to search employee workstations whenever necessary.
To assist our staff in achieving an improved career-life balance while preserving our commitment to quality client service, the company has a Flex Time policy as follows.
Our official office hours are from 8:30 a.m. to 5:30 p.m. Monday through Friday for a total of 40 hours per week. Provided that client service and administrative requirements are met, employees can customize their in-office schedules using the following guidelines:
Hours worked in excess of 8 hours per day can be accumulated as FLEX-time up to a maximum of 8 hours per week. This time can be used to take time off in the week it is accumulated. Employees should check with a Manager before planning to be out of the office for a full day.
Employees preferring to maintain office hours other than 8:30 a.m. to 5:00 p.m. must notify their Manager via e-mail their proposed schedule for the coming week.
The federal government pays grand jurors $40 per day. The company will pay full salary to any employee serving on federal grand jury duty and will require that the pay received from the federal government be turned over to the company
The company will pay full salary to any employee serving on state grand jury duty for the first three days of such duty. Beginning with the 4th day, jurors are paid $50 per day by the Commonwealth of Massachusetts. The company will continue to pay an employee’s full salary for the duration of jury duty and will require that the pay received from the Commonwealth be turned over to the company.
The purpose of this standard is to outline required security standards for authorized individuals to follow when accessing the Internet from their workstation for business purposes.
Management authorization is required for access to the Internet. Access to the Internet and/or Intranet is a privilege and not a right. Only TRI’s corporate connection to the Internet should be used by employees for access from their desktop. Any other type of connection to the Internet (e.g. America Online, Prodigy, CompuServe, etc.) will be considered illegal. Any unauthorized activity, including access without approval and without approved capabilities may be cause for immediate termination.
Use of company provided internet access is intended to be primarily for business related purposes. Internet access is monitored, and actual web-site connections are recorded. Excessive use of company provided Internet access for non-business-related purposes may result in loss of access privileges.
All use of the Internet will be monitored and reported to management on a regular basis.
Access to various Internet categories/topics of information is automatically restricted to ensure business use. The restricted categories are:
criminal skills, drugs, extreme material, gambling, games, hate speech, offensive humor, jobs, lifestyle, online sales, personal, sex and worthless information
The "censored" list will be updated regularly. Any attempt to access "censored" material will be automatically logged and excessive attempts will be reported to management.
MANDATORY WORKSTATION STANDARDS
Must be located in a place that can be controlled and observed by the person responsible for the internet connection and the workstation.
Workstations should be booted at the start of every business day.
HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) restricts the extent to which group health plans may impose pre-existing condition limitations. These rules are generally effective for plan years that began after June 30, 1997. HIPAA coordinates COBRA’s other coverage cut-off rules with these new limits as follows.
If an employee (or former employee) becomes covered by another group health plan and that plan contains a pre-existing condition limitation that affects the employee (or former employee), COBRA coverage cannot be terminated. However, if the other plan’s pre-existing rule does not apply to the employee (or former employee) by reason of HIPAA's restrictions on pre-existing condition clauses, the company may terminate the COBRA coverage.
The company will pay full salary to any employee serving on state jury duty for the first three days of such duty. Beginning with the 4th day, jurors are paid $50 per day by the Commonwealth of Massachusetts. The company will continue to pay an employee’s full salary for the duration of jury duty and will require that the pay received from the Commonwealth be turned over to the company.
NEWBORNS’ AND MOTHERS’ HEALTH PROTECTION ACT OF 1996
The Newborns’ and Mothers’ Health Protection Act of 1996 amended the Employee Retirement Income Security Act of 1974 (ERISA) and the Public Health Service Act to impose certain requirements on group health plans with respect to coverage of newborns and mothers, including a requirement that a group health plan cannot restrict benefits for a hospital stay in connection with childbirth for the mother or newborn to less than 48 hours following a normal vaginal delivery or less than 96 hours following a caesarian section. These provisions were effective with respect to plan years beginning on or after January 1, 1998.
Employment by this company is considered the primary responsibility of all personnel. Contemplated outside employment should be discussed with the employee’s supervisor or the President to avoid conflicts of interest or disclosure of confidential information.
Our company is committed to working with its employees toward the achievement of career goals and improved performance. Performance evaluations foster the exchange of ideas in areas such as job responsibilities, job proficiency, improved performance and future growth.
Evaluation Program and Calendar
General Reviews:
Each anniversary, all personnel will receive a formal evaluation from a Director, Officer or Manager.
Salary adjustments and promotions will be made once each year, effective on the anniversary as discussed in the performance review.
In any case where performance can be enhanced, the employee will be counseled and areas of improvement discussed.
All evaluations are based on merit and the general contribution an employee makes to overall service to our company and our clients.
Each individual is expected to maintain a professional, dignified and helpful attitude in the treatment of clients and visitors to the company. Consideration and respect for fellow employees is expected in the relationships among all personnel.
As an Equal Opportunity Employer, it is the company’s policy that no employee shall harass any other employee based on race, religion, sex, national origin, age or handicapped status. Any incident of this nature should be discussed with a Director. (See SEXUAL HARASSMENT)
It is the goal of Transportation Resources, Inc. to promote a workplace that is free of sexual harassment. Sexual harassment of employees occurring in the workplace or in other settings in which employees may find themselves in connection with their employment is unlawful and will not be tolerated by this company. Further, any retaliation against an individual who has complained about sexual harassment or retaliation against individuals for cooperating with an investigation or a sexual harassment complaint is similarly unlawful and will not be tolerated. To achieve our goal of providing a workplace free from sexual harassment, the conduct that is described in this policy will not be tolerated and we have provided a procedure by which inappropriate conduct will be dealt with, if encountered by employees.
Because Transportation Resources, Inc. takes allegations of sexual harassment seriously, we will respond promptly to complaints of sexual harassment and, where it is determined that such inappropriate conduct has occurred, we will act promptly to eliminate the conduct and impose such corrective action as is necessary, including disciplinary action where appropriate.
Please note that while this policy sets forth our goals of promoting a workplace that is free of sexual harassment, the policy is not designed or intended to limit our authority to discipline or take remedial action for workplace conduct which we deem unacceptable regardless of whether that conduct satisfies the definition of sexual harassment.
DEFINITION OF SEXUAL HARASSMENT
In Massachusetts, the legal definition of sexual harassment is:
"Sexual harassment" means sexual advances, requests for sexual favors, and verbal or physical conduct of a sexual nature when:
(a) submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or as a basis for employment decisions; or,
(b) such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual’s work performance by creating an intimidating, hostile, humiliating or sexually offensive work environment.
Under these definitions, direct or implied requests by a supervisor for sexual favors in exchange for actual or promised job benefits such as favorable reviews, salary increases, promotions, increased benefits, or continued employment constitutes sexual harassment.
The legal definition of sexual harassment is broad and, in addition to the above examples, other sexually oriented conduct, whether it is intended or not, that is unwelcome and has the effect of creating a work place environment that is hostile, offensive, intimidating or humiliating to male or female workers may also constitute sexual harassment.
While it is not possible to list all those additional circumstances that may constitute sexual harassment, the following are some examples of conduct which, if unwelcome, may constitute sexual harassment depending upon the totality of the circumstances including the severity of the conduct and its pervasiveness:
Unwelcome sexual advances - whether they involve physical touching or not;
Sexual epithets, jokes, written or oral references to sexual conduct, gossip regarding one’s sex life, comments on an individual’s body, comments about an individual’s sexual activity, deficiencies, or prowess;
Displaying sexually suggestive objects, pictures, cartoons.
Unwelcome leering, whistling, brushing against the body, sexual gestures, suggestive or insulting comments.
Inquiries into one’s sexual experiences; and,
Discussion of one’s sexual activities.
All employees should take special note that, as stated above, retaliation against an individual who has complained about sexual harassment, and retaliation against individuals for cooperating with an investigation of a sexual harassment complaint is unlawful and will not be tolerated by this company.
COMPLAINTS OF SEXUAL HARASSMENT
If any of our employees believes that he or she has been subjected to sexual harassment, the employee has the right to file a complaint with our company. This may be done in writing or orally.
Any employee who would like to file a complaint may do so by contacting either:
| Ms. Jacqueline M. Jones, Treasurer | Mr. Robert Jones, President |
| Transportation Resources, Inc. | Transportation Resources, Inc. |
| Post Office Box 452 | Post Office Box 452 |
| Sterling, MA 01564 | Sterling, MA 01564 |
| Phone: 978-422-7770 | Phone: 978-422-7770 |
| Home Phone: 978-422-8363 | Home Phone: 978-422-8363 |
Ms. Jones and Mr. Jones are available to discuss any concerns any employee may have and to provide information to our employees about our policy on sexual harassment and our complaint process.
SEXUAL HARASSMENT INVESTIGATION
When we receive a complaint, we will promptly investigate the allegation in a fair and expeditious manner. The investigation will be conducted in such a way as to maintain confidentiality to the extent practicable under the circumstances. Our investigation will include a private interview with the person filing the complaint and with witnesses. We will also interview the person alleged to have committed sexual harassment. When we have completed our investigation, we will, to the extent appropriate, inform the person filing the complaint and the person alleged to have committed the conduct of the results of that investigation.
If it is determined that inappropriate conduct has occurred, the company will act promptly to eliminate the offending conduct, and where it is appropriate, will also impose disciplinary action.
If it is determined that inappropriate conduct has been committed by one of TRI’s employees, the company will take such action as is appropriate under the circumstances. Such action may range from counseling to termination of employment, and may include such other forms of disciplinary action as is deemed appropriate under the circumstances.
In addition to the above, if any employee believes he or she has been subjected to sexual harassment, he or she may file a formal complaint with either or both of the government agencies listed below. Using our complaint process does not prohibit any employee from filing a complaint with these agencies. Each of the agencies has a short time period for filing a claim (EEOC - 180 days; MCAD - 6 months).
The United States Equal Employment Opportunity Commission ("EEOC")
1 Congress Street, 10th Floor
Boston, MA 02114
(617) 565-3200
The Massachusetts Commission Against Discrimination ("MCAD")
Boston Office: Springfield Office:
One Ashburton Place, Room 601
Boston, MA 02108
(617) 727-3990
Employees voluntarily resigning their positions from our company are expected to provide at least two weeks’ notice.
The employee is paid for any vacation recorded that has not been used by the date of termination.
Every effort will be made to pay a terminating employee for any unused recorded vacation time and final salary due on the date of termination. If this is not practical, payment will be made on the next regularly scheduled pay date following the date of termination.
The date of termination will be the last day the employee is actually at work. Unused recorded vacation time for which an employee is paid does not extend the termination date.
All reference checks on former employees must be referred to the President. It is our policy to verbally verify factual information only, such as date of hire, date of termination and position held at the time of termination. Salary will be verified only upon receipt of written permission from the terminated employee.
Terminating employees have the right to continue their medical insurance coverage after termination under the rules of the Consolidated Omnibus Budget Reconciliation Act (COBRA). Please refer to COBRA for full details.
On the employee’s last day at work (termination date), the following items will be reviewed, as applicable:
COBRA.
Vacation accrual payment.
Final time sheet and expense report.
Outstanding expenses due TRI or the employee.
Unemployment Compensation Insurance.
The employee will be requested to return:
Computer equipment, if applicable.
Any client data computer disks.
All Manuals and books.
Personnel Manual
Building key.
The company provides substantial benefits for eligible employees that are described in this section. Details of insurance benefits are described in the insurance policies and booklets distributed to eligible employees. The insurance policies are available for review by any interested employee. The employee booklets and this section of the manual are intended to summarize the features of these policies and all other employee benefits. In the case of any conflict with regard to insurance benefits between the booklets, the policy and this section, the policy will control. Any questions regarding benefits coverage should be directed to the Office Manager.
The company provides coffee, some soft drinks, tea and cocoa free of charge to all employees to be consumed on our premises. Employees are asked to assist in maintaining a clutter-free office by returning empty soft drink containers to the appropriate area in the kitchen.
EMPLOYEE RETIREMENT SECURITY ACT OF 1974 (ERISA)
Please refer to the separately published Employee Informational Booklet and Summary Plan Description for complete details of employee rights under ERISA.
The company provides time off with pay, as needed, to arrange and attend the funeral of family members as follows:
Member of the employee’s immediate family: 3 days
Relative other than a member of the Immediate family: 1 day
(1 additional day will be allowed if extensive travel time is required to attend the funeral.)
Immediate family includes husband, wife, mother, father, sister, brother, son, daughter, step-mother, step-father, step-brother, step-sister, step daughter and step-son or any relative who was a member of the employee’s household at the time death occurred.
The company is generally closed on the following ten holidays each year:
| New Year’s Day | Labor Day |
| Columbus Day | President's Day |
| Thanksgiving Day | Memorial Day |
| Day After Thanksgiving | Independence Day |
Christmas |
Employees who are required to work on any of the above holidays may take a day off in lieu of the holiday worked as long as the holiday occurred on a date as published in our holiday schedule. A new schedule is published each December for the following calendar year.
Part-time employees who work at least 30 hours per week will receive 75% pay for each holiday, or 5.6 hours.
Part-time employees who work less than 30 hours per week are not paid for holidays.
The company offers a choice of medical plans to all employees:
Fallon Community Health Plan
Any plan may be chosen and may be changed from one plan to another only during scheduled open enrollment periods (usually the month of April). Such changes are effective on May 1 of each year.
For complete details of the covered services, exclusions and limitations, please refer to the appropriate booklet for the medical plan.
MEDICAL INSURANCE CONTRIBUTIONS
Employer/Employee contributions to the cost of the medical plans offered are reviewed annually by each medical insurance provider. Any changes in contributions are effective April 1 each year. Transportation Resources will contribute 100% for health coverage.
Employees who work less than our normal full-time schedule are considered part-time employees. Benefits payable to part-time employees are based on the following:
Part-time employees who work 30 hours per week on average (Minimum of 1,560 hours per year) will receive 75% of all benefits.
Part-time employees who work between 30 and 37.5 hours per week will receive 75% of all benefits.
Any employee working less than 1,560 hours per year receives no benefits.
Recognizing that there will be times when an employee must attend to personal matters during normal working hours, each employee shall be entitled to two (2) days of paid leave in each calendar year for personal reasons. Personal time must be approved in advance by your immediate supervisor and should not be taken at a time that would jeopardize service to our clients. This time is credited to each employee on January 1st of each year.
Employees who began employment in the current year are given pro-rated personal time for the balance of the current calendar year.
Personal time is not accrued beyond the end of the calendar year and is not payable upon termination of employment.
One of the most important benefits offered by TRI is the continuation of compensation during absences due to illness. Absences necessary for medical and dental appointments are also charged to sick leave.
Each employee receives a total of 5 days each calendar year for sick leave. This sick leave allowance is added to each employee’s attendance record at the beginning of each calendar year.
Employees who begin employment in the current year are given a pro-rated sick leave for the balance of the current calendar year.
New employees must be with company for 90 days before time can be charged to sick leave. Prior to completing 90 days of service, such time off will be without pay.
Paid sick leave is provided for bona fide illness or necessary medical or dental appointments; it does not constitute extra vacation time to be used if an employee is not ill. Once accrued sick leave is exhausted, no compensation will be paid for days during which the employee is absent for medical and dental appointments or illness.
Under no circumstances, will compensation be paid for unused sick leave, nor will unused sick leave be added to accrued vacation time or carried forward to the next calendar year.
Not only is it important to save accrued sick leave for bona fide illness, it is equally important to minimize absences from work. Reliability and dependability are essential to the company and its professional obligations to its clients. Special circumstances should be discussed with a Director.
Vacations will be granted to employees in accordance with the schedules listed below.
Unless an employee’s vacation is delayed at the request of the company, the maximum unused vacation time that can be carried forward to the next calendar year is 150% of the amount an employee can earn in one year.
Full-Time Employees with six months but less than five years’ service
Upon completion of six months of full-time employment, 40 hours of vacation time will be credited to the employee’s accrued vacation time. Thereafter, 6.66 hours vacation time will be credited at the end of each calendar month. This is the equivalent of two weeks’ vacation per year.
One week of vacation may be taken after completion of six months of employment with the company.
Full-Time Employees with five years’ but less than ten years’ service
Will be credited with 10 hours vacation time for each month of employment completed. This is the equivalent of three weeks’ vacation per year.
Full-Time Employees with ten years’ or more of service
Will be credited with 13.34 hours vacation time for each month of employment completed. This is the equivalent of four weeks’ vacation per year.
All vacation plans must be submitted to the President as far in advance as possible to insure adequate staffing and satisfactory service to our clients. Employees should obtain approval of vacation requests prior to making travel plans and reservations.
Employees are expected to use vacation days in the year they are earned. This is intended to insure that every employee has a rest and relaxation period away from the office during any given year. Employees can only use vacation recorded in the current calendar year plus any vacation carried forward from the prior calendar year.
No vacation time accrues during a leave of absence without pay lasting for thirty or more days unless such leave of absence is taken under the terms of the Family and Medical Leave Act of 1993.
Payroll checks may be prepared in advance but must be requested ten days prior to the first day of vacation.
Employees who become ill while on a scheduled vacation cannot change their vacation time to sick time.
Vacations may be taken at any time during the year, except during the tax season, subject to the approval of your immediate supervisor and the Senior Vice President responsible for personnel. Please refer to the Appendix for a sample Vacation/Comp Time request form.
Upon termination of employment, any employee with at least six months of service will be paid for unused vacation time.
WORKERS COMPENSATION INSURANCE
Workers Compensation Insurance covers employees for accidents or injuries while on the job.
All accidents/injuries should be immediately reported to the Office Manager so that Workers’ Compensation forms can be completed and forwarded to the insurance carrier.
Sick leave payments are integrated with Workers’ Compensation benefits, so that the combination of pay from the company and Workers Compensation benefits will equal, but not exceed, an employee’s regular base pay. Payroll adjustments will begin upon notification from the insurance carrier.
Employees absent from work under a Workers’ Compensation claim cannot elect to use vacation time to supplement their income.
End