ABM 402 Policy Book

Policy Book byKaley Silva and Leatha N. KingABM 402 Spring 2015 Verno Terra

Verno Terra Feasability Study

Verno Terra: Beautiful EarthTable of ContentsVerno Terra: Beautiful Earth

Welcome LetterBackgroundMission Statement/LocationOrganizational Chart/Facilities MapJob DescriptionsStandards of ConductAcknowledgment of Drug-Free PolicyConfidentiality & Nondisclosure AgreementDiscrimination PoliciesCompensation and IncentivesBenefitsState and Federal Mandatory BenefitsPerformance ImprovementDisciplinary GuidelinesSafety PoliciesAppendix

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Verno TerraWelcome LetterDear new employee,

Welcome aboard our team at Verno Terra! We are pleased to have you as a new team member for our cafe. We chose to hire you because of your amazing attributes and qualities that our store looks for in our employees. We cannot wait to see you grow into a caring, hard-working person who wants to help others. We hope that you will find great fulfillment in your daily duties at your new job. We expect you to come to work everyday with a willingness to learn and an optimistic attitude because your success at the job will extend to the companys success. Being co-owners of Verno Terra, we believe that the well-being of our employees is a top priority. If you ever have any questions or concerns, our door is always open. Please look over and review the rest of this policy book to educate yourself on the aspects of Verno Terra. We look forward to seeing you develop into a well-rounded employee that will enrich the lives of our restaurants customers.

Sincerely,

Leatha King and Kaley Silva

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Background Kaley Silva and Leatha King are college friends and sorority sisters who have a passion for food and the environment. Both are Agribusiness Management majors from the California State Polytechnic University, Pomona. The pair began their journey into the organic food world in 2013 when they opened up a seasonal food booth in a local farmers market in Diamond Bar, CA. They discovered that their passion for fresh, healthy, and environmentally conscious food was shared by many, and decided that their passions, products, and services should be taken to the next level. In 2015 they moved to San Francisco, CA and have since then begun the process of opening up Verno Terra Caf; with the intentions to share their love of organic foods while maintaining a eco-friendly environment.Verno Terra: Beautiful Earth

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Our Mission StatementLocationThe owners of Verno Terra will be both Leatha King and Kaley Silva. They have chosen a 3,000 sq./ft. cafe near Nob Hill in San Francisco. The address of the building is 1552 Polk Street, San Francisco, CA. To buy the store, it would cost them $149,000 and to lease, it would cost $5,150 per month. They will co-lease the building and co-manage their business. Leatha will be in charge of managing the employees and recruiting new employees, while Kaley will be in charge of the financials.

Verno Terra: Beautiful EarthWe are committed to providing our customers with top quality organic and locally grown food in an environmentally conscious restaurant that strives to give back to the community. We pride ourselves with excellent customer service and providing a warm and comfortable dining experience.

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Organizational ChartFacilities MapVerno Terra: Beautiful Earth

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Job DescriptionsApril 19, 2015Shift LeaderPart-time, Hourly, $15.00/hourJob summary: Shift leader will be responsible for overseeing the day to day operations within the cafe. They will be the ones making the weekly schedules, and handling the organization of inventory. Shift leader will also be in charge of handling customer service problems, and making sure that they report any and all internal and external problems to the co-owners. In addition to managerial duties, the shift leaders will be expected to contribute to the daily duties such as cashiering and taking food out to customers, and making sure that Verno Terra's standards of cleanliness are met. Detailed list of duties and responsibilities: inventoryproducing weekly schedulesdealing with customer service problemsover-looking employeeshelping cashiers with their duties, if needed disciplinary actions per employees recruitment activities The shift leaders will report to both co-owners, Leatha and Kaley. The staff that will be reporting to the shift leaders will be the following: cooks/prep, cashiers, bussers/dishwashers. Shift leaders will be in contact with all employees and upper management. They will also be expected to be the primary lesion between external delivery service and the co-owners. Shift leader will be the people who are in charge of contacting and communicating with emergency services if need be.

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Job DescriptionsThe shift-leaders will have weekly meetings with the co-owners. The shift leaders will also have bi-weekly meetings with all of the employees. In addition, the co-owners will have quarterly meetings with both the shift leaders and the employees. Some reports that need to filed will include daily inventory reports, as well as weekly inventory reports. They will additionally need to do a daily cash balance at the end of the day to make sure our financials are where they need to be. Shift leaders will also need to do the required write-ups of employees, if needed. They will also do a quarterly review of the employees that coincides with the quarterly meetings with the co-owners to discuss the cafes needs. Shift leaders have the possibility of becoming a general manager at new, proposed locations in the next 3-5 years.Requirements:Shift leaders must be able to handle money, be proficient in Word and Excel, work well with people, be a good team-player, be on feet for multiple hours at a time, keep employees motivated, be able to lift items of up to forty pounds at a time, positive attitude. High school diploma required.. Must have a minimum of one to two years in a managerial position. Busser/DishwasherPart-time, Hourly, $12.25/hourJob Summary: Our bussers will be expected to constantly make sure that Verno Terra's cleanliness standards are upheld. They will be in charge of cleaning and bussing tables before and after guest have eaten. They will also make sure that the general dining area and sidewalk eating areas are clean and presentable.Verno Terra: Beautiful Earth8

Job DescriptionsDetailed list of duties and responsibilities: Cleaning/ bussing tablesThey will be in charge of making sure that the restroom is stocked and cleaned at various times throughout the dayBussers will also be in charge of reporting all broken and lost dishes to the shift managers at the end of the week. Opening shift workers will be in charge of cleaning the floors, counters, and making sure that the bathroom is stocked before the store opens.Closing shift workers will be in charge of making sure all dishes are cleaned and washed at the end of the day.Making sure that the tables are stocked with napkins and condiments.Both shifts will take turns making sure that the store windows are cleaned weekly.Bussers/dishwashers will report to the shift leaders. No one reports to the bussers. The bussers/dishwashers will be in contact with the cashiers and the cooks to determine what needs to be cleaned. The bussers/dishwashers will also be in contact with the shift leaders if they ever have any problems or need to discuss their required duties for the day. The bussers will attend the bi-weekly meetings with the shift leaders and the quarterly meetings with the co-owners to make sure they are fulfilling their needed job duties. This position is one that offers lots of mobility. A busser will be able to have the option of moving to the cook or cashier positions within 6-9 months, pending employer review and passing of a certification test.Requirements:No education requirement. No prior experience. Mustbe able to stand on feet for multiple hours, must beable to lift up to fifty pounds at a time, be a good teamplayer, and be okay with working with cleaning products.


Standards of ConductTechnology Standards of ConductIn terms of technology usage for our employees, we are not allowing any use of cellphones during working hours. Verno Terra will have a couple of phones located throughout the cafe for work usage and for customer inquiries. Employees will be able to use those phones during their work shifts. No use of computers will be allowed for the cooks, bussers, or cashiers. The shift managers and the co-owners will be able to use the computers for only work usage, such as, recruiting new employees and making weekly schedules.Appearance Standards of ConductThe employees of Verno Terra will follow the strict uniform policy. Employees must wear black pants, a Verno Terra shirt, a black apron, a Verno Terra hat or visor, and black non-slip shoes. All employees must have hair tied up in a ponytail or bun if it goes past the ears. All cooks will need to wear a hair net while working. Tattoos and piercingsokay. Customer Service Standards of ConductVerno Terra prides itself on its excellent customer service. In order to make sure that our standards are upheld, each employee must understand and follow the guidelines that Verno Terra has set out. The three main parts that make up Verno Terra's customer service standards policy are Consistency, Details, and Personalized Service.Consistency: All Verno Terra employees are expected to uphold the company's standards of maintaining food and beverage presentation, quality, and portion sizes. Employees are also expected to have a knowledgeable base of all food and beverages in general.


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Standards of Conduct Employees are always expected to provide professional, polite, and warm and friendly service. Employees who are in contact with guests are also in encouraged to build a positive rapport with customers consistently. Details: Employees will be courteous, empathetic, and treat customers with respect and integrity regardless of race, religion, gender, appearance, social status etc.. Verno Terra employees are expected to always look after the needs of the guests that come into the establishment. Employees will try to give assistance when needed, and be able to give appropriate food and beverage suggestion to be ordered by guests. Employees are also expected to have a knowledgeable base of all food and beverages served at Verno Terra, and knowledge of all organic products origins and certifications. In addition Verno Terra Employees are required to have enough knowledge of the structure and content of the English language to be able to competently read, write, speak, and understand it proficiently. Personalized service: Employees are expected to consistently have a warm smile and greeting for guests regardless of the condition. Maintain a positive attitude and behave professionally. Learn guests names and preferences, and ask the names of new guests. Employees are also expected to provide guests with a warm exit greeting, and attempt to exceed the guests needs before they are even asked. Employees are also expected to keep the balance between being warm and friendly, and overbearing with customers as well, employees will need to be able to read guests appropriately and determine what they needs on a consistent basis.


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Acknowledgement of Drug-Free Policy Verno Terra intends to help provide a safe and drug-free work environment for our customers and our employees. With this goal in mind and because of the serious drug abuse problem in today's workplace, we are establishing the following policy for existing and future employees of Verno Terra.Verno Terra explicitly prohibits:-The use, possession, solicitation for, or sale of narcotics or other illegal drugs, alcohol, or prescription medication without a prescription on Company premises.-Being impaired or under the influence of legal or illegal drugs or alcohol away from company premise, if such impairment or influence adversely affects the employee's work performance, the safety of the employee or of others, or puts at risk Verno Terra's reputation. Possession, use, solicitation for, or sale of legal or illegal drugs or alcohol away from the Company premises, if such activity or involvement adversely affects the employee's work performance, the safety of the employee or of others, or puts at risk Verno Terra's reputation.-The presence of any detectable amount of prohibited substances in the employee's system while at work, while on the premises of the company or its customers, or while on company business. "Prohibited substances" include illegal drugs, alcohol, or prescription drugs not taken in accordance with a prescription given to the employee.


Acknowledgement of Drug-Free Policy-The Company will conduct drug and/or alcohol testing under any of the following circumstances:-RANDOM TESTING: Employees may be selected at random for drug and/or alcohol testing at any interval determined by the Company.-FOR-CAUSE TESTING: The Company may ask an employee to submit to a drug and/or alcohol test at any time it feels that the employee may be under the influence of drugs or alcohol, including, but not limited to, the following circumstances: evidence of drugs or alcohol on or about the employee's person or in the employee's vicinity, unusual conduct on the employee's part that suggests impairment or influence of drugs or alcohol, negative performance patterns, or excessive and unexplained absenteeism or tardiness.-POST-ACCIDENT TESTING: Any employee involved in an on-the-job accident or injury under circumstances that suggest possible use or influence of drugs or alcohol in the accident or injury event may be asked to submit to a drug and/or alcohol test. "Involved in an on-the-job accident or injury" means not only the one who was or could have been injured, but also any employee who potentially contributed to the accident or injury event in any way.-If an employee is tested for drugs or alcohol outside of the employment context and the results indicate a violation of this policy, or if an employee refuses a request to submit to testing under this policy, the employee may be subject to appropriate disciplinary action, up to and possibly including discharge from employment. In such a case, the employee will be given an opportunity to explain the circumstances prior to any final employment action becoming effective.Verno Terra: Beautiful Earth13

Confidentiality and Nondisclosure AgreementThis Nondisclosure Agreement is entered into by and between _______________ with its principal offices at _______________, ("Disclosing Party") and _______________, located at _______________ ("Receiving Party") for the purpose of preventing the unauthorized disclosure of Confidential Information as defined below. The parties agree to enter into a confidential relationship with respect to the disclosure of certain proprietary and confidential information ("Confidential Information").1. Definition of Confidential Information. For purposes of this Agreement, "Confidential Information" shall include all information or material that has or could have commercial value or other utility in the business in which Disclosing Party is engaged. If Confidential Information is in written form, the Disclosing Party shall label or stamp the materials with the word "Confidential" or some similar warning. If Confidential Information is transmitted orally, the Disclosing Party shall promptly provide a writing indicating that such oral communication constituted Confidential Information.2. Exclusions from Confidential Information. Receiving Party's obligations under this Agreement do not extend to information that is: (a) publicly known at the time of disclosure or subsequently becomes publicly known through no fault of the Receiving Party; (b) discovered or created by the Receiving Party before disclosure by Disclosing Party; (c) learned by the Receiving Party through legitimate means other than from the Disclosing Party or Disclosing Party's representatives; or (d) is disclosed by Receiving Party with Disclosing Party's prior written approval.


Confidentiality and Nondisclosure Agreement3. Obligations of Receiving Party. Receiving Party shall hold and maintain the Confidential Information in strictest confidence for the sole and exclusive benefit of the Disclosing Party. Receiving Party shall carefully restrict access to Confidential Information to employees, contractors and third parties as is reasonably required and shall require those persons to sign nondisclosure restrictions at least as protective as those in this Agreement. Receiving Party shall not, without prior written approval of Disclosing Party, use for Receiving Party's own benefit, publish, copy, or otherwise disclose to others, or permit the use by others for their benefit or to the detriment of Disclosing Party, any Confidential Information. Receiving Party shall return to Disclosing Party any and all records, notes, and other written, printed, or tangible materials in its possession pertaining to Confidential Information immediately if Disclosing Party requests it in writing.4. Time Periods. The nondisclosure provisions of this Agreement shall survive the termination of this Agreement and Receiving Party's duty to hold Confidential Information in confidence shall remain in effect until the Confidential Information no longer qualifies as a trade secret or until Disclosing Party sends Receiving Party written notice releasing Receiving Party from this Agreement, whichever occurs first.5. Relationships. Nothing contained in this Agreement shall be deemed to constitute either party a partner, joint venture or employee of the other party for any purpose.


Confidentiality and Nondisclosure Agreement6. Severability. If a court finds any provision of this Agreement invalid or unenforceable, the remainder of this Agreement shall be interpreted so as best to effect the intent of the parties.7. Integration. This Agreement expresses the complete understanding of the parties with respect to the subject matter and supersedes all prior proposals, agreements, representations and understandings. This Agreement may not be amended except in a writing signed by both parties.8. Waiver. The failure to exercise any right provided in this Agreement shall not be a waiver of prior or subsequent rights.This Agreement and each party's obligations shall be binding on the representatives, assigns and successors of such party. Each party has signed this Agreement through its authorized representative._____________________________________________________ (Signature)___________________________ (Typed or Printed Name)Date: ____________________________________________________________________ (Signature)___________________________ (Typed or Printed Name)Date: _______________


Discrimination PoliciesSexual Harassment At Verno Terra we believe that everyone should have the right to work in an environment where they feel safe and respected, and also feel comfortable speaking out if they do not. Harassment is a form of discrimination that is offensive, impairs morale, undermines the integrity of employment relationships and causes serious harm to the productivity, efficiency and stability of our organization. That is why Verno Terra employs a strict no tolerance harassment (Sexual and Otherwise) policy in our workplace by employees, employers, and non-employees alike. The Fair Employment and Housing Act defines harassment because of sex as including sexual harassment, gender harassment, and harassment based on pregnancy, childbirth, or related medical conditions. The Fair Employment and Housing Commission regulations define sexual harassment as unwanted sexual advances, or visual, verbal or physical conduct of a sexual nature. This definition includes many forms of offensive behavior and includes gender-based harassment of a person of the same sex as the harasser. All Verno Terra members are prohibited from harassing other members in the workplace. If harassment occurs, an employer may be liable even if management was not aware of the harassment. That is why we at Verno Terra encourage our members to report any and all harassment cases immediately, and to follow proper grievance procedures in doing so.


Discrimination PoliciesSexual HarassmentGrievance Procedure Any employee who believes he or she is being harassed, or any employee, who becomes aware of harassment, should promptly notify his or her supervisor. If the employee believes that the supervisor is the harasser, the supervisor's supervisor should be notified. If an employee is uncomfortable discussing harassment with his or her supervisor, the employee should contact the Civil Rights Center at 202-693-6500 within 45 days of the alleged discriminatory event in order to preserve your right to file an EEO complaint. Any questions on this guidance should also be addressed to the Department of Labor's Civil Rights Center. Information on your right to file a state or federal harassment complaint is also available from http://www.dol.gov/oasam/programs/crc/index.htm. Upon notification of a harassment complaint, a confidential and impartial investigation will be promptly commenced and will include separate direct interviews with all involved parties and where necessary with employees who may be witnesses or have knowledge of matters relating to the complaint. The parties of the complaint will be notified of the findings and their options. The Offending party, if found in violation of our Harassment Policies, will be dealt with swift disciplinary action, and be terminated immediately.


Discrimination PoliciesSexual Harassment Verno Terra respects the right of an employee to report their case to the proper authorities, and will guarantee the protection against retaliation for opposing the practices prohibited by law or for filing a complaint with, or otherwise participating in investigative activities conducted by, the Department or the Commission to all. All Verno Terra Employers are directly responsible for harassment by our managers. Therefore Verno Terra Employers guarantee that any and all preventive measure will be taken to prevent workplace harassment. Preventive measures will include (but are not limited to); at least two hours of Sexual Harassment Training to be completed by each employee before their orientation is complete. Mandatory Harassment attendance of a re-training seminar for all staff members every two years. As well as the posting of detailed visual posters and contact information concerning the Department of Fair Employment and Housing (DFEH) employment poster (DFEH-162) in the workplace.See more at: http://www.shrm.org/templatestools/hrqa/pages/californiasexualharassmentprevention.aspx#sthash.b5z9EcJI.dpuf A victim may be entitled to monetary damages even though no employment opportunity has been denied and there is no actual loss of pay or benefits.


Discrimination PoliciesTitle VII Title VII prohibits people from employment discrimination based on race, sex, national origin, and religion. An employer cannot deny someone a job based on their appearance or choice of religious beliefs. It also states that any use of racial slurs or jokes are prohibited, and that there should be equal compensation for any type of employee. Title VII only applies to businesses with 15 or more employees. If any discrimination is found in the workplace, an employee has a right to fight back. They can go through the EEOC by filing a charge, assistance, testifying, or participating with an agency proceeding.

Follow this link for the detailed act: http://www.eeoc.gov/laws/statutes/titlevii.cfm


Discrimination PoliciesEqual Pay Act The Equal Pay Act sets employees free from any discrimination. Both men and women are to get the same salary for jobs on the same level or with the similar duties. It states that the job content is based on their pay rather than their job titles. This job content involves the skills, effort, responsibilities, working conditions, and their establishment. If any employees are paid differently, it is not from discrimination, but it will be permitted because of seniority, quality or quantity, merit, or another factor. These are applied through the proof of the employer. If an employer is ever found to have pay differential, those who are paid more, will have the same salary, and those who are paid less, will get a pay-increase to equal those who are paid more.

Follow this link for a more detailed version of this act: http://www.shrm.org/legalissues/federalresources/federalstatutesregulationsandguidanc/pages/equalpayactof1963.aspx


Discrimination PoliciesAge Discrimination Act The Age Discrimination Act prohibits any discrimination against employees because of their age. The act only involves employees that are over 40 years of age. It is only in a few states where this act counts for people under the age of 40. This discrimination in the workplace, is not allowed during hiring, firing, promotions, job assignments, fringe benefits, training, and any other condition of employment. The Age Discrimination Act also doesnt allow any kind of harassment because of the employees age. Any offensive remarks that could cause a hostile environment in the workplace because of a persons age could also be found as a form of discrimination. This could eventually cause a persons termination of employment because of such an offensive work environment.

Follow this link for a more detailed version of this act: http://topics.hrhero.com/age-discrimination-in-employment-act-adea/


Discrimination PoliciesPregnancy Discrimination Act Prohibits people from being discriminated against due to pregnancy, childbirth, or any related medical condition. This act enables pregnancy related conditions to be treated the same as any other medical related employee or any temporary disabled persons. If an employee is pregnant, the employer may allow an unpaid leave, a disability leave, or some light duty assignments. Because of the impairments from pregnancy, the employer may need to provide reasonable accommodations for the employee. This act also does not allow for any harassment to the employee because of the pregnancy. If the employer allows unpaid leave for any employees on disability, then they must do the same for an employee who is pregnant. An employer may also not be allowed to single out an employee based on their pregnancy condition, unless a doctors note is stated.

Follow this link for a more detailed version of this act: http://www.eeoc.gov/laws/types/pregnancy.cfm


Discrimination PoliciesImmigration Reform and Control Act The Immigration Reform and Control Act states that employers must verify the identity and eligibility of employment for each person hired. These people must provide the I-9 Form when being hired, and they must not harass people in the workplace based on citizenship or national origin. This act also makes it illegal for employers to knowingly hire people who are illegal immigrants. The only exception to this would be for certain seasonal agriculture immigrants. The reason this law was enacted was because of the great need to the federal government to keep illegal immigrants from coming into the United States. If there is any failure from employers to provide documentation on their employees based on this act, they could face both civil and criminal liability with fines of $100 up to $1000 per employee and possibility of imprisonment. It will also cause the employee to lose their job if they dont have the necessary documents as well.

Follow this link for a more detailed version of this act: http://thomas.loc.gov/cgi-bin/bdquery/z?d099:SN01200:@@@L&summ2=m&%7CTOM:/bss/d099query.html


Discrimination PoliciesFamily and Medical Leave Act The Family and Medical Leave Act is administered by the Wage and Hour Division of the US Department of Labor. This act only applies to organizations with 50 or more employees. The act allows up to 12 weeks of job-protected, unpaid leave for employees eligible for the adoption or birth of a child, or for a serious illness of a spouse, parent, or child. These types of employees listed above are only covered if they have worked at that company for 12 months or more. Employees must give some notice ahead of time and medical certification for the need of leave, if possible. Once the employee returns to work, they are entitled to their former job, or an equivalent job with the same pay rate and the same job duties.

Follow this link for a more detailed version for this act: http://employment.findlaw.com/family-medical-leave/family-and-medical-leave-overview.html


Discrimination PoliciesFood Safety Modernization Act The Food Safety Modernization Act was signed into law in 2011 by Obama with two new rules on Produce Safety Standards and Preventive Controls for Human Food. The Produce Safety Standards includes any fruits and vegetables consumed for personal consumption or are to be used for commercial processing, and have concern from the public health for the high amount of microorganisms included in the food. This rule focuses on risk analysis of different categories such as, agricultural water, health and hygiene, domesticated and wild animals, buildings and equipment, and biological soil amendments. This rule is the result from the outreach of the FDA and will not be including organic farming in its analysis. The second part of the Food Safety Modernization Act is the Preventive Controls for Human Food. This rule includes places that manufacture, process, pack or hold human foods. Only facilities that are registered with the FDA will follow the new preventive control provisions. The proposal of this rule states that facilities need to have written plans that identify potential hazards and that these steps are currently working, and if any problems arise, the necessary steps will be used to deal with them. These written safety plans include hazard analysis, risk based preventive controls, monitoring procedures, corrective actions, verification, and recordkeeping.

A more detailed description can be found from this link: http://www.fda.gov/Food/GuidanceRegulation/FSMA/ucm334120.htm


Discrimination PoliciesOSHA OSHA stands for Occupational Safety and Health Act. It was enacted in 1970 by Congress to ensure employee and workplace safety. The goal of this act was to make sure employees felt safe in the workplace and that the employers had a facility that was free from any hazards to safety and health. Some of these hazards include excessive noise levels, heat or cold stress, exposure to toxic chemicals, mechanical dangers, and unsanitary conditions. OSHA oversees these guidelines by completing worksite inspections, and having safety and health management systems. The Occupational Safety and Health Act does not cover employers that are self-employed, federal agencies that have their own safety regulations, and immediate farm or family workers that dont have outside workers, and workers from state and local governments. Over the years, OSHA has successfully reduced the number of workplace deaths, illnesses, and injuries. This allows employers to have lower training costs, less overtime costs, and increased productivity.

A more detailed description can be found from this link: http://www.allaboutosha.com/what-is-osha


Discrimination PoliciesCalifornia Food Handler Law The California Food Handler Card Law was signed into law in 2010 and is a standard for safe food handling in all of Californias restaurants. The employees of these restaurants must take and pass a test that will explain basic food safety knowledge needed for employment. These food handlers must take this test and obtain a food handler card within the first 30 days of employment. The card is valid for three years and must be renewed after the time allotted. This law requires the food facility operators to keep each workers current food handlers card on file in the workplace. This is mandated during the inspection process from the local health departments. Although this law is followed throughout the state of California, the San Bernardino, Riverside, and San Diego counties are not affected by the law. Also, some foodservice employees are exempt, such as, workers in temporary facilities, volunteers, farmers market employees, licensed health care facilities, grocery stores, retail stores, commissaries, and school cafeterias.

A more detailed description can be found from this link: http://www.calrest.org/california-food-handler-card.html


Discrimination PoliciesSan Francisco Paid Sick Leave Ordinance 12W All current non-benefited employees who work within the city /county of San Francisco will accrue "Paid Sick Leave". All employees who perform work in San Francisco, including on a part-time or temporary basis, accrue paid sick leave for those hours worked in the city, regardless of where their employer is located. This law is in effect under the San Francisco Paid Sick Leave Ordinance 12W, qualified employees (i.e. those who worked for the company 90 days and more) are entitled to one hour of paid sick leave for each 30 hours worked. San Francisco Paid Sick Leave may be used for all San Francisco based employee's own illness, injury, medical condition, need for medical diagnosis or treatment as well as paid time off from work for the purpose of providing care or assistance to a family member or designated person with an illness, injury, medical condition, or need for medical diagnosis or treatment.

Depending on the size of employer, certain hour caps may apply. If the company employs less than 10 workers, the maximum number of paid sick leave hours an employee can earn is 40 hours. Employers with more than 10 employees are subject to a 72-hour cap. And all employees- whether or not they are legally authorized to work in the United States- are covered by the law.

A more detailed description can be found from this link: http://sfgsa.org/modules/ShowDocument.aspx?documentid=7530


Discrimination PoliciesIndustrial Commission Wage Order No. 5 Section 8 Cash shortage and breaker. No employer shall make any deduction from the wage or require any reimbursement from an employee for any cash shortage, breakage, or loss of equipment, unless it can be shown that the shortage, breakage, or loss is caused by a dishonest or willful act, or by the gross negligence of the employee. Mere allegations that an employee steals money from the register are not sufficient; employer needs to present clear evidence of dishonest conducts or gross negligence. If an employer believes that the employee owes them money, the best practice may be to file a small claims or other court proceeding to recover the amount, instead of deducting the amount from an employee's pay. If the employer is incorrect about the amount owed, or incorrect that there was gross negligence, willful misconduct, or dishonesty, the employer may owe the employee significant penalties for failing to pay all wages in a timely manner.

A more detailed description can be found from this link:http://www.dir.ca.gov/iwc/wageorder5_010102.html


Discrimination PoliciesSection 351 of California Labor Code Here at Verno Terra, we believe that you should get what you work for. Therefore we are big advocators of upholding laws that are designed to make sure our employees do. Section 351 of the California Labor Code prohibits employers and their agents from taking tips from employees serving customers. The law further states that gratuities are the sole property of the employee or employees to whom they are given. "Gratuity" is defined in the Labor Code as a tip, gratuity, or money that has been paid or given to or left for an employee by a patron of a business over and above the actual amount due for services rendered or for goods, food, drink, articles sold or served to patrons. It also includes any amount paid directly by a patron to a dancer covered by IWC Wage Order 5 or 10. Restaurant owners, managers, supervisors or their assistants are not allowed to collect or receive tips. However, California labor law does not prohibit employers from having a tip polling policy that requires employees to share tips with other workers who provide services to customers. Employers who allow tips to be paid by credit card may not deduct from the tips any fees or cost associated with the credit card transaction. All credit card tips must be paid not later than the next payday after the date the customer authorized the credit card payment.

A more detailed description can be found from this link:http://www.leginfo.ca.gov/cgi-bin/displaycode?section=lab&group=00001-01000&file=350-356


Compensation and IncentivesPay RangesEmployees will be paid every two weeks.

Pay Increase FormI [Employee Name] hereby state that I understand and consent to my current pay rate of $12.25 per hour. I understand and consent to a pay rate increase to $13.00 per hour effective July 1st 2016. I understand that the pay period affected will be the week immediately following the increase. I also understand that the pay rate increase is due to a raise in minimum wage by the city of San Francisco.Employee Signature: Employee ID number:


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Compensation and IncentivesIntrinsic Rewards1. Going out of our way to say please and thank you. 2. Giving a compliment to each employee.3. Smiling and being kind to your employees.4. Offering our help, even if it doesnt include our main job duties. 5. Taking time out of our day to have a conversation with an employee. Extrinsic Rewards1. Write a thank-you note to an employee who went above and beyond.2. Give out Employee of the Quarter and Employee of the Year plaques. 3. Have a rewards star chart and give employees stars when they get a good review. 4. Give an employee a free meal from the cafe. 5. Give out gift-cards for good performance. Incentives1. Employee of the quarter could get Giants baseball tickets2. Employee of the quarter could get Six Flags season passes3. Employee of the year will receive a free spa weekend for two4. Employee of the year will receive an all expense-paid cruise to MexicoVerno Terra: Beautiful Earth

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Compensation and Incentives Verno Terra will be using plans based on time saved for bonuses. Our plan is to have the customers enter the store and get their food within 12 minutes. This will be done by having the cooks prepare the food within 8 minutes, the cashiers getting the food out to the customers within 2 minutes, and having the bussers clean the tables within 3 minutes after the customer leaves. Our shift managers will be overseeing this process and choose an employee from each section that has the fastest times. Then, each month we will give out $25 bonuses to the fastest worker. Verno Terra will be using individual bonuses for our shift leaders. The shift leader with the most sales and the fastest times, including with the least complaints and the most compliments will get a $25 bonus at the end of the month. They will also receive a one day double lunch on the day of their choosing. Our store will have two anonymous suggestion boxes. There will be one located in the public area for customers where they can either leave a complaint or a compliment about our service and food. There will be another suggestion box located in the back area of the store for the employees. This will be for the employees to anonymously write their concerns or suggestions to make the store run better. At the end of two weeks, the shift managers will check the boxes and talk about the feedback in the biweekly meetings with employees. Verno Terra: Beautiful Earth

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Compensation and Incentives An incentive for our managerial personnel are our annual bonuses and long-term performance plans. The annual bonuses will be given to the two shift leaders at the end of the year and will consist of a flat-rate of $300. In addition, after five years of employment, the shift leaders will get a review form the co-owners of Verno Terra and based on their performance, they will receive a substantial raise, around $1.00. Two years after that, they will get another review and get a raise based on that review, and so on. Some group incentives Verno Terra has includes self-directed work teams. The employees will be divided into two groups, under the supervision of one of the two shift leaders. Every year, the two teams will be reviewed, and whichever team has the best overall sales, the fastest times, and the best customer service, will have the opportunity to spend a day either bowling, laser tagging, at the beach, or mini golfing. The co-owners of Verno Terra have decided to use mainly skill based pay and some competency based pay. The managers will get paid more because they have more experience and knowledge in the business and the other employees will be paid minimum wage because it requires someone who doesnt need as much experience background. Our competency based pay will be exceptional if an employee gets an extra certification for another job, for example if a cashier gets certified to become a cook.


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BenefitsVacation Time Verno Terra plans on giving their employees who have worked for the company for 2 years, up to two weeks off of paid vacation each year. After 5 years of employment, the paid days off will bump up to 20 days a year, and after 10 years of employment, the paid vacation will go up to 25 days. In addition, each employee will get paid holidays off. These holidays include Christmas, New Year's day, Thanksgiving, Independence Day, Labor Day, and Memorial Day. In addition, depending on an employees religion, they may be given up to two extra paid holiday days off.

Sick LeaveAny employee who has worked at Verno Terra for more than 30 days is allowed paid sick days for prescribed reasons. If an employee gives management a medical excuse before or within two days after the sick day, the employee will be given a paid day. If an employee does not give a medical note for being out sick, the person will not be paid. Each employee is given up to 10 paid sick days each year. If an employee does not use those 10 days for each year, the number will reset at the beginning of the next calendar year.


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BenefitsHealth BenefitsVerno Terra will provide the option to enroll in voluntary health plan through Covered California. The part-time employees will be offered the minimum coverage, which covers 0% until out-of-pocket is maximum is met. That maximum is $6,600 and only includes one individual, not family. It offers a $0 coverage for an annual wellness exam, and for things such as generic drugs, emergency visits, x-rays, and laboratory tests, the pay is negotiated per service until the out-of-pocket maximum is met. For our full-time management team, we will offer both minimum coverage or bronze coverage. The bronze includes coverage of up to 60% annual cost and has a $6,250 individual maximum or $12,000 maximum for a family. For a primary care visit, the plan offers $60 for the first 3 non-preventive visits. For a specialist visit, it offers $70 after deductible is met; for lab tests, the plan offers 30% after deductible is met; for preferred drugs, it offers $15 or less after deductible is met; and for preferred drugs, the plan offers $50 after deductible is met.

Dental Through Anthem Blue Cross, our employees will have the option to choose our Dental Select HMO plan. It costs $17.40 per month with a $0 deductible and there is no annual maximum. For basic check-ups, fillings, and surgeries, the employee will have to pay a copayment. Orthodontics, such as braces, will not be covered in this dental plan.


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BenefitsVisionWe will also offer an optional vision plan through Blue Shield California. The Ultimate Vision 15/25/150 is a plan that covers routine eye care, such as eye exams, glasses or contacts, and extra amenities for your eyewear. The plan offers a $15 copay for eye exams, an $150 allowance for glasses, and up to an $120 allowance for contacts. In addition, there is up to an $100 allowance for lens treatments and the plan offers a $0 deductible.

Retirement Benefits (401K)Verno Terra is dedicated to having a plan designed to help its employees save and build up for not only their short term but also long term financial needs and obligations. One of those needs we are dedicated to helping with is that of a retirement plan. Verno Terra employees has made a retirement plan with a Defined Contribution Profit Sharing Plan and 401(k) Plan for the benefit of our full-time and part-time employees who are eligible for participation in the plan. Those employees who are eligible receive company contributions made into the plan based on a percentage of their annual earnings. After one year of continuous service and meeting other eligibility criteria, Verno Terra's 401K plan allows employees to defer pre-tax earnings into our qualified plan. Vesting occurs after 3 years of service with the company.


BenefitsMeal BenefitsVerno Terra part-time employees will relieve the additional benefit of being able to receive one free meal a week and a 50% discount on meals every work period. Full-time employees will be eligible to receive a free meal every 8 hour work day, and a 50% discount on all other days worked or not. All part-time employees will be able to receive a 25% discount on meals any day, whether working or not.

Gym Membership BenefitHere at Verno Terra we believe that everyone should strive to live as healthy and stress free as possible. That is why we offer all of our qualifying Verno Terra employees will be given the option of having a three month free membership to 24 Hour Fitness. We think that a healthy employee will be a happy employee and we want all of our employees to be happy.


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State and Federal Mandatory BenefitsFamily and Medical Leave ActUnder federal law Verno Terra is required to comply with the Federal Family and Medical Leave (FMLA). The FMLA entitles eligible employees of covered employers to take unpaid, job-protected leave for specified family and medical reasons with continuation of group health insurance coverage under the same terms and conditions as if the employee had not taken leave. Eligible employees are entitled to twelve workweeks of leave in a 12-month period for:-the birth of a child and to care for the newborn child within one year of birth;-the placement with the employee of a child for adoption or foster care and to care for the newly placed child within one year of placement;-to care for the employees spouse, child, or parent who has a serious health condition;a serious health condition that makes the employee unable to perform the essential functions of his or her job;-any qualifying exigency arising out of the fact that the employees spouse, son, daughter, or parent is a covered military member on covered active duty; or-Twenty-six workweeks of leave during a single 12-month period to care for a covered service member with a serious injury or illness if the eligible employee is the service member's spouse, son, daughter, parent, or next of kin (military caregiver leave). Verno Terra: Beautiful Earth40

State and Federal Mandatory BenefitsSocial SecurityEmployees a at Verno Terra with wages equal to or larger than $118,500 would contribute $7,347.00 to the Social Security's Old-Age, Survivors, and Disability Insurance (OASDI) program. Verno Terra by law is obligated to contribute a matching equal amount to the employee's Social Security program. Verno Terra will withhold a 6.2 percent Social Security tax from our employees wages and pay an additional 6.2 percent as our employer share of the tax. We will also withhold a 1.45 percent Medicare tax from our employees wages and pay an additional 1.45 percent as our employer share. The total of all four portions is 15.3 percent to be contributed by employer and Verno Terra employee.Unemployment CompensationVerno Terra will allow their employees the option of unemployment compensation. If an employee wants to receive this benefit they will have to submit an application through state employment office and have been covered by social security for a minimum of 26 weeks, have been laid off, and be will to accept any suitable employment offered through the states commission. The unemployment compensation will be calculated based on the employees position and the individuals wages. The lower the pay rate, the lower the amount of funds given out for the unemployment compensation. We hope our unemployment compensation will encourage our employees at Verno Terra to stay with our business for the long haul


State and Federal Mandatory BenefitsWorkers CompensationVerno Terra will provide the utmost care for their employees and the possibility that they might become injured while at work or because of their job. Because of this possibility, we will have workers compensation insurance to cover this liability. Verno Terra will use their workers compensation insurance through the California Department of Insurance. The CDI provides a rate of $4.90 for each worker employed at Verno Terra. Per every $100 of payroll, we will generate a $4.90 premium that matches the insurance rate. California Disability InsuranceVerno Terra will provide disability insurance for those who are eligible. Based on the severity of the disability, our company will offer a weekly amount of $51 up to $1,104 with a maximum weekly allowance for up to 39 weeks. Individuals eligible are those unable to do their regular work for at least eight consecutive days, who are actively working when they become disabled, must have earned $300 from deductions through the State Disability Insurance, must submit a claim form within 49 days of the date they were disabled, and the individuals practitioner must complete a medical certification for their disability. Required Covered LeaveVerno Terra acknowledges and respects those who need time off to vote, serve jury duty, or go on military leave. Under Federal law we give adequate time off for those who need to serve or complete these actions and requirements.Verno Terra: Beautiful Earth42

Performance ImprovementPerformance Improvement FormEmployees Name:Job Title:Review Date:Supervisors Name:Major Accomplishments:

Areas for Improvement:

Training and Development Plan:

Employee Comments:

Employee Signature:Supervisor Signature:Owner Signature:


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Performance ImprovementSelf Performance Improvement FormName:Job Title:How long have you held this position?Rate this past year:1 2 3 4 5 6 7 8 9 10What are some thing you have achieved in this past year?

What were some of the drawbacks?

State some goals you had set:1.2.3.Rate you job satisfaction1 2 3 4 5 6 7 8 9 10Do you feel your achievements were recognized and rewarded?

What are some things Verno Terra can do to make your working environment better?


Performance ImprovementPerformance Improvement Schedule

With the performance appraisal schedule, the owners of Verno Terra believe that we can make the working environment at our business a successful one. By having the above schedule, Verno Terra ensures an easier communication system with its employees and a more competitive goal setting business. The owners will use this tool to identify the top performing employees to further help them develop into stronger, more successful workers.


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Disciplinary GuidelinesIntolerable OffensesSome acts that constitute as intolerable for Verno Terra would include sleeping on the job, fighting or and unruly violence, refusing to follow superiors orders, stealing, destroying company property, and sexual harassment. If an employee is found doing any of the above things, they will immediately be terminated from Verno Terra with no prior warnings or notices. Upon termination, the employee will have to fill out the employee incident report for filing at Verno Terra.Major OffensesSome acts that constitute as major offenses at Verno Terra would include breaking dress code, consistently being late to work, not notifying your superiors if you will be late or are not going to make it to your shift, being rude to the customers, and failing to cooperate with fellow co workers. If an employee is found doing any of the above things, they will receive a first-offense, written warning and they must fill out an employee incident report. If the act is committed a second time, the employee will be terminated from their job without any other warnings and they must fill our the employee incident report for explanation of dismissal.


Disciplinary GuidelinesMinor OffensesSome acts that would constitute as minor offenses at Verno Terra would include lying, using foul language, giving away free food or beverages to the customers, going on their phone during their shift, asking customers for a tip, or unsatisfactory work performance. If an employee is found doing any of the above things, they will receive a first-offense, verbal warning and they will be required to fill out an employee incident report. If they are caught doing the act a second time, they will receive a second-offense, written notice and they must fill out the employee incident report. If they are caught doing the act a third time, the employee will be terminated from their position at Verno Terra indefinitely and they will fill out the employee incident report before leaving.


Disciplinary GuidelinesEmployee Incident ReportDate:Employee Name: Supervisor Name:Incident Date, Time, and Location:

Description of Incident:

Employee Explanation:

Witnesses:

Action to be taken: Verbal warningWritten warningTerminationExplanation:

By signing this document, you acknowledge that you have read and understood the information aboveEmployee Signature: Supervisor Signature:Date: Date:Verno Terra: Beautiful Earth48

Safety PoliciesSafely Operate Equipment: Wear proper gear and follow manufacturer's instructionsWash Hands Frequently: Wash hands with warm water after contact with any food, dirty dishes, and equipment. Take Care to Avoid Falls: Clean up spills immediately and wear non-slip, black tennis shoesWear Proper Uniform: Includes a Verno Terra shirt, apron, and hat or visor. Employees must wear hair nets while handling food. Maintain Clean Personal Hygiene: All eating, drinking, smoking, sneezing, or coughing will be kept away from food-prep areas. Gloves will be used while handling food. Use Caution with Hot Surfaces and Sharp Edges: Take proper precautions and wear extra protection when around high temperatures areas or objects with sharp edges.Minimize Strains and Sprains: Employees will be trained with proper lifting techniques and how to eliminate workplace injuries. Handle Hazardous Chemicals with Care: Read the Material Safety Data Sheets specific for each product and read the labels.Prepare for Emergencies: Know all the action plans for all accidents, natural disasters, violent situations, etc. that may happen at the workplace


AppendixQuestions to Ask Before Hiring:What specific tasks will be involved with this job?What skills will the employee need in order to have these skills?What experience will be required in order to have these skills?Will a certain level of education be required?What personal characteristics will this person need? Will he or she deal with people in a customer service capacity, or will the job require attention to detail, as in bookkeeping or billing?What physical requirements will be needed? Will this person have to stand for long periods? Will he or she need to lift heavy objects? Will this person need to drive?What kinds of equipment of machines will this person need to operate?What amount of pay will you provide? Will the person be paid weekly? Monthly? Hourly?What are the hours for this position? What days will the person be required to work? Is evening or weekend work required?What benefits will you provide?


AppendixNew Hire Application:Verno Terra: Beautiful Earth

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AppendixEmployee Hiring Letter:DateNameAddressDear ________________________,It is my pleasure to extend the following offer of employment to you on behalf of Verno Terra. This offer is contingent upon your passing our mandatory drug screen, our mandatory background check, and any other contingencies you may wish to state.Title: ___________________________________Reporting Relationship: The position will report to:Employee Rejection Letter:DateNameAddressDear _______________________,Thank you for taking the time to come into Verno Terra to interview with our recruitment officers. We enjoyed meeting you and our conversations.You have not been selected for the position, at this time. We encourage you to apply for positions, for which you qualify, with Verno Terra in the future. While we anticipate that an individual with your qualifications will soon find employment, we want to emphasize that we would encourage your application in the future.Sincerely,Leatha King and Kaley SilvaVerno Terra: Beautiful Earth52

AppendixGeneral Employment Contract:This contract is made on ________, 20___, between _______________, Employer of Verno Terra, City of San Francisco, CA, and Employee of ____________, City of _____________, State of _______________.In order for both parties to work together as a team, the Employer and the Employee agree as follows:1.The Employee agrees to perform the following duties and job description of: (Circle One)Shift ManagerCook/PrepBusser/DishwasherCashierThis is considered full-time/part-time position (Circle One)2. The Employee will begin work on ______________, 20____. The position shall continue for a period of _____________. 3. The Employee will be paid the following:Hourly salary:The Employee will also be given the following benefits:Sick Pay:Vacation:Bonuses:Retirement Benefits:Insurance Benefits:4. The Employee agrees to abide by all rules and regulations of the Employer at all times while employed. In addition, they will read and agree to the companys business plan, vision statement, and value statement. Verno Terra: Beautiful Earth53

AppendixGeneral Employment Contract:5. This Contract may be terminated by:a. Breach of Contract by the Employeeb. The expiration of the Contract without renewalc. Death of the Employeed. Incapacitation of the Employee for more than _____ days in any one year. 6. Any dispute between the Employee and the Employer related to this Contract will be settled by voluntary mediation. If mediation is unsuccessful, the dispute will be settled by binding arbitration using an arbitrator of the American Arbitration Association. 7. Any additional terms of this Contract: ______________________________________8. No modification of this Contract will be effective unless it is in writing and is signed by both the Employer and the Employee. This Contract binds and benefits both parties and any successors. Time is of the essence of this Contract. This document is the entire agreement between the parties. This Contract is governed by the laws of the state of California. Dated: _______________Signature of Employer: ___________________ Printed Name of Employer:__________________Signature of Employee___________________ Printed Name of Employee:__________________Verno Terra: Beautiful Earth54

AppendixDirect Deposit Authorization Form:


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AppendixInitial Employee Information Sheet:Employee Name:Social Security Number:Beginning Date:Job Title:Pay Rate:Trained By:Date Training Completed:Notes:


AppendixEmployee Contact Sheet:


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AppendixSexual Harassment The Fair Employment and Housing Act defines harassment because of sex as including sexual harassment, gender harassment, and harassment based on pregnancy, childbirth, or related medical conditions. The Fair Employment and Housing Commission regulations define sexual harassment as unwanted sexual advances, or visual, verbal or physical conduct of a sexual nature. This definition includes many forms of offensive behavior and includes gender-based harassment of a person of the same sex as the harasser. The following is a partial list of violations:- Unwanted sexual advances- Offering employment benefits in exchange for sexual favors- Making or threatening reprisals after a negative response to sexual advances- Visual conduct: leering, making sexual gestures, displaying of suggestive objects or pictures, cartoon or posters- Verbal conduct: making or using derogatory comments, epithets, slurs, and jokes- Verbal sexual advances or propositions- Verbal abuse of a sexual nature, graphic verbal commentaries about an individual's body, sexually degrading words used to describe an individual, suggestive or obscene letters, notes or invitations- Physical conduct: touching, assault, impeding or blocking movementsVerno Terra: Beautiful Earth58

AppendixSexual Harassment All employers are prohibited from harassing employees in the workplace. If harassment occurs, an employer may be liable even if management was not aware of the harassment. An employer might avoid liability if the harasser is a non-management employee, the employer had no knowledge of the harassment, and there was a program to prevent harassment. If the harasser is a non-management employee, the employer may avoid liability if the employer takes immediate and appropriate corrective action to stop the harassment once the employer learns about it. Employers are strictly liable for harassment by their supervisors or agents. The harasser can be held personally liable for damages. Additionally, Government Code section 12940, subdivision (k), requires an entity to take "all reasonable steps to prevent harassment from occurring." If an employer has failed to take such preventative measures, that employer can be held liable for the harassment. A victim may be entitled to monetary damages even though no employment opportunity has been denied and there is no actual loss of pay or benefits.


AppendixSexual Harassment- All employers have a legal obligation to prevent sexual harassment.- Employers must take all reasonable steps to prevent discrimination and harassment from occurring.- Employers must help ensure a workplace free from sexual harassment by posting in the workplace a poster made available by the Department of Fair Employment and Housing.- Employers must help ensure a workplace free from sexual harassment by distributing to employees information on sexual harassment. An employer may either distribute a brochure that may be obtained from the Department of Fair Employment and Housing or develop an equivalent document, which must meet the following requirements:- The illegality of sexual harassment- The definition of sexual harassment under state and federal laws- A description of sexual harassment, utilizing examples- The internal complaint process of the employer available to the employee- Employers with 50 or more employees must provide at least two hours of classroom or other effective interactive training and education regarding sexual harassment to all supervisory employees who are employed as of July 1, 2005, and to all new supervisory employees within six months of assuming a supervisory position. There after, covered employers must provide sexual harassment training and education to each supervisory employee once every two years.Verno Terra: Beautiful Earth60

AppendixTitle VII Title VII of the Civil Rights Act of 1964 protects individuals against employment discrimination on the bases of race and color, as well as national origin, sex, and religion. Title VII applies to employers with 15 or more employees, including state and local governments. It also applies to employment agencies and to labor organizations, as well as to the federal government. Equal employment opportunity cannot be denied any person because of his/her racial group or perceived racial group, his/her race-linked characteristics (e.g., hair texture, color, facial features), or because of his/her marriage to or association with someone of a particular race or color. Title VII also prohibits employment decisions based on stereotypes and assumptions about abilities, traits, or the performance of individuals of certain racial groups. Title VII's prohibitions apply regardless of whether the discrimination is directed at Whites, Blacks, Asians, Latinos, Arabs, Native Americans, Native Hawaiians and Pacific Islanders, multi-racial individuals, or persons of any other race, color, or ethnicity. It is unlawful to discriminate against any individual in regard to recruiting, hiring and promotion, transfer, work assignments, performance measurements, the work environment, job training, discipline and discharge, wages and benefits, or any other term, condition, or privilege of employment. Title VII prohibits not only intentional discrimination, but also neutral job policies that disproportionately affect persons of a certain race or color and that are not related to the job and the needs of the business.Verno Terra: Beautiful Earth61

AppendixEqual Pay Act The right of employees to be free from discrimination in their compensation is protected under several federal laws, including the following enforced by the U.S. Equal Employment Opportunity Commission (EEOC): the Equal Pay Act of 1963, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 and Title I of the Americans with Disabilities Act of 1990. The Equal Pay Act requires that men and women be given equal pay for equal work in the same establishment. The jobs need not be identical, but they must be substantially equal. It is job content, not job titles, that determines whether jobs are substantially equal. Specifically, the EPA provides: Employers may not pay unequal wages to men and women who perform jobs that require substantially equal skill, effort and responsibility, and that are performed under similar working conditions within the same establishment. Pay differentials are permitted when they are based on seniority, merit, quantity or quality of production, or a factor other than sex. These are known as "affirmative defenses," and it is the employer's burden to prove that they apply. In correcting a pay differential, no employee's pay may be reduced. Instead, the pay of the lower-paid employee(s) must be increased. Title VII, the ADEA and the ADA prohibit compensation discrimination on the basis of race, color, religion, sex, national origin, age or disability. Unlike the EPA, there is no requirement under Title VII, the ADEA or the ADA that the claimant's job be substantially equal to that of a higher-paid person outside the claimant's protected class, nor do these statutes require the claimant to work in the same establishment as a comparator.Verno Terra: Beautiful Earth62

AppendixAge Discrimination Act The Age Discrimination Act of 1975 prohibits discrimination on the basis of age in programs and activities receiving federal financial assistance. The Act, which applies to all ages, permits the use of certain age distinctions and factors other than age that meet the Act's requirements. The Age Discrimination Act is enforced by the Civil Rights Center. The Age Discrimination in Employment Act of 1967 (ADEA) protects certain applicants and employees 40 years of age and older from discrimination on the basis of age in hiring, promotion, discharge, compensation, or terms, conditions or privileges of employment. The ADEA is enforced by the Equal Employment Opportunity Commission (EEOC). Section 188 of the Workforce Investment Act of 1998 (WIA) prohibits discrimination against applicants, employees and participants in WIA Title I-financially assisted programs and activities, and programs that are part of the One-Stop system, on the ground of age. In addition, WIA prohibits discrimination on the grounds of race, color, religion, sex, national origin, disability, political affiliation or belief, and for beneficiaries only, citizenship or participation in a WIA Title I-financially assisted program or activity. Section 188 of WIA is enforced by the Civil Rights Center.


AppendixPregnancy Discrimination Act The Pregnancy Discrimination Act amended Title VII of the Civil Rights Act of 1964. Discrimination on the basis of pregnancy, childbirth, or related medical conditions constitutes unlawful sex discrimination under Title VII, which covers employers with 15 or more employees, including state and local governments. Title VII also applies to employment agencies and to labor organizations, as well as to the federal government. Women who are pregnant or affected by pregnancy-related conditions must be treated in the same manner as other applicants or employees with similar abilities or limitations. An employer cannot refuse to hire a pregnant woman because of her pregnancy, because of a pregnancy-related condition, or because of the prejudices of co-workers, clients, or customers. An employer may not single out pregnancy-related conditions for special procedures to determine an employee's ability to work. However, if an employer requires its employees to submit a doctor's statement concerning their inability to work before granting leave or paying sick benefits, the employer may require employees affected by pregnancy-related conditions to submit such statements. Any health insurance provided by an employer must cover expenses for pregnancy-related conditions on the same basis as costs for other medical conditions. An employer need not provide health insurance for expenses arising from abortion, except where the life of the mother is endangered.


AppendixImmigration Reform and Control ActIn 1986, Congress reformed U.S. immigration laws and enacted the Immigration Reform and Control Act of 1986 (IRCA). This Act provided that all employers verify the identity and employment eligibility of each person hired, complete and retain a Form I-9 for each employee, and refrain from discriminating against individuals on the basis of national origin or citizenship.General ProvisionsIt is unlawful:To hire any individual without complying with the requirements described below regarding verification of status and production and examination of documents, or to hire an alien when the employer knows, or should know, that he is an unauthorized alien. An unauthorized alien is an alien who is neither lawfully admitted to the U.S. for permanent residence nor authorized by this Act or the Attorney General to be employed.To continue to employ an individual, even though he had been lawfully hired, when the employer knows, or should know, that he is or has become an unauthorized alien.


AppendixFamily Medical Leave Act Public and private sector employees who have been employed by the employer for one year and work at least 1,250 hours (25 hours a week) can take up to 12 weeks of unpaid leave* in any 12 month period for: the birth or adoption of a child; acquiring a foster child; the serious illness of a child, spouse, or parent; and, the serious illness of the employee. Companies with fewer than 50 employees are not required to provide Family and Medical Leave. The right to take leave applies equally to male and female workers who are employed at or within 75 miles of the work place by an employer of 50 or more workers. Leave can be taken intermittently, is subject to employer approval, and does not result in a reduction in the total amount of leave to which the employee is entitled. - When husband and wife work for the same employer, the total amount of leave that they may take is limited to 12 weeks if they are taking leave for the birth or adoption of a child or to care for a sick parent. An employee may elect or an employer may require the employee to substitute categories of paid leave, such as accrued time off or vacation time, for any part of the 12-week period. The employer maintains any pre-existing health insurance for the duration of the leave and at the level and under the same conditions coverage was provided prior to commencement of the leave. Employers can ask the employee to cover his/her share of the premiums. Employers are not required to continue benefits like life and disability insurance but cannot require employees to requalify for benefits. The employee must be restored to the original or an equivalent position with equivalent benefits, pay, and all other terms and conditions of employment. Verno Terra: Beautiful Earth66

ABM 402 Policy Book

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Transcript of ABM 402 Policy Book