FourKites Employee Handbook
FourKites Employee Handbook
FourKites Employee Handbook
Employee Handbook
FourKites, Inc.
Employee Handbook
Last updated: March 7, 2017
Table of Contents
Section 1 - Introduction
1. Welcome
2. Employee Handbook
3. Changes in Policy
Employment-At-Will
4.
5. Arbitration Policy
1. Employee Classifications
3.Confidentiality
4.Employment of Minors
5.Employment of Relatives
6.Personnel Records and Employee References
7. Privacy
8. Immigration Law Compliance
9. Political Neutrality
2. Overtime
3. Rest and Meal Periods
4. Time Cards
5. Payroll Deductions
6. Wage Garnishment
7. Direct Deposit
2. Attendance
3. Discipline and Standards of Conduct
4. Dress Code
5. Safety
6. Substance and Abuse
7. Workplace Searches
8. Internet, Email and Computer Use Policy
9. Social Media Policy
10. Cell Phone Policy
1. Generally
2. Worker's Compensation
3. Social Security Benefits (FICA)
4. Unemployment Insurance
Section 6 - Employee Leaves of Absence and Time Off
1. Generally
2.Paid Time Off Days
3. Holidays
4. Family and Medical Leave
5. Workers' Compensation Leave
6. Bereavement Leave
7. Jury Duty
8. Voting Time
Section 1
Introduction
1.1 Welcome to FourKites, Inc.
Since our business is constantly changing, the Company expressly reserves the
right to revise, modify, delete, or add to any and all policies, procedures, work rules,
or benefits stated in this handbook or in any other document, except for the policy of
at-will employment as described below. No oral statements or representations can in
any way alter the provisions of this Handbook. Nothing in this employee handbook or
in any other document, including benefit plan descriptions, creates or is intended to
create a promise or representation of continued employment for any employee. Any
changes to your at-will employment status, described below, must be in writing and
must be signed by the Company.
If you are uncertain about any policy or procedure, please check with your
manager or Human Resources.
1.4 Employment-At-Will
Employment with the Company is on an at-will basis, unless otherwise specified in a written
employment agreement. You are free to resign at any time, for any reason, with or without
notice. Similarly, the Company is free to conclude the employment relationship at any time for
any lawful reason, with or without cause, and with or without notice.
Nothing in this Handbook will limit the right of either party to terminate an at-will
employment. No section of this Handbook is meant to be construed, nor should be
construed, as establishing anything other than an employment-at-will relationship.
This Handbook does not limit management's discretion to make personnel decisions
such as reassignment, change of wages and benefits, demotion, etc. No person
other than the CEO, President, or COO has the authority to enter into an agreement
for employment for any specified period of time or to make an agreement for
employment other than at-will terms. Only the CEO, President, or COO of the
Company has the authority to make any such agreement, which is only binding if it is
in writing and signed by the President of the Company.
Section 2
Employment Policies
2.1 Employee Classifications
The following terms are used to describe employees and their employment status:
Each employee will be advised of his or her status at the time of hire and any change
in status. Regardless of the employee's status, the employee is employed at-will and
the employment relationship can be terminated by the Company or the employee at
any time, with or without cause and with or without notice.
The Company expects all employees to support our equal employment opportunity
policy, and to take all steps necessary to maintain a workplace free from unlawful
discrimination and harassment and to accommodate others in line with this policy to
the fullest extent required by law. For example, the Company will make reasonable
accommodations for employees' observance of religious holidays and practices
unless the accommodation would cause an undue hardship on the Company's
operations. If you desire a religious accommodation, you are required to make the
request in writing to your manager as far in advance as possible. You are expected
to strive to find co-workers who can assist in the accommodation (e.g. trade shifts)
and cooperate with the Company in seeking and evaluating alternatives.
Moreover, in compliance with the Americans with Disabilities Act (ADA), the
Company provides reasonable accommodations to qualified individuals with
disabilities to the fullest extent required by law. The Company may require medical
certification of both the disability and the need for accommodation. Keep in mind that
the Company can only seek to accommodate the known physical or mental
limitations of an otherwise qualified individual. Therefore, it is your responsibility to
come forward if you are in need of an accommodation. The Company will engage in
an interactive process with the employee to identify possible accommodations, if any
will help the applicant or employee perform the job.
2.3 Confidentiality.
In the course of employment with the Company, employees may have access to
"Confidential Information" regarding the Company, which may include its business
strategy, future plans, financial information, contracts, suppliers, customers,
personnel information or other information that the Company considers proprietary
and confidential. Maintaining the confidentiality of this information is vital to the
Company's
competitive position in the industry and, ultimately, to its ability to achieve financial success
and stability. Employees must protect this information by safeguarding it when in use, using it
only for the business of the Company and disclosing it only when authorized to do so and to
those who have a legitimate business need to know about it. This duty of confidentiality
applies whether the employee is on or off the Company's premises, and during and even after
the end of the employee's employment with the Company. This duty of confidentiality also
applies to communications transmitted by the Company's electronic communications. See
also Internet, Email and Computer Use policy, herein.
The FLSA's child labor provisions, which the Company strictly adheres to, are
designed to protect the educational opportunities of youth and prohibit their
employment in jobs that are detrimental to their health and safety. Generally
speaking, the FLSA sets the minimum age for employment (14 years for non-
agricultural jobs), restricts the hours youth under the age of 16 may work, and
prohibits youth under the age of 18 from being employed in hazardous occupations.
In addition, the FLSA establishes subminimum wage standards for certain employees
who are less than 20 years of age, full-time students, student learners, apprentices,
and workers with disabilities. Employers generally must have authorization from the
U.S. Department of Labor's Wage and Hour Division (WHD) in order to pay sub-
minimum wage rates.
The Company maintains a personnel file and payroll records for each employee as
required by law. Personnel files and payroll records are the property of the Company
and may not be removed from Company premises without written authorization.
Because personnel files and payroll records are confidential, access to the records
is restricted. Generally, only those who have a legitimate reason to review
information in an employee's file are allowed to do so. Disclosure of personnel
information to outside sources will be limited. However, the Company will cooperate
with requests from authorized law enforcement or local, state, or federal agencies
conducting official investigations and as otherwise legally required.
By policy, the Company will provide only the former or present employee's dates of
employment and position(s) held with the Company. Compensation information may
also be verified if written authorization is provided by the employee.
2.7 Privacy.
The Company is respectful of employee privacy. All employee demographic and personal
information will be shared only as required in the normal course of business. Healthcare
enrollment information is kept in a separate folder from other human resources forms.
Workers' Compensation information is not considered private healthcare information;
however, this information will be released only on a need-to-know basis.
The Company does not make or receive any private healthcare information
through the course of normal work. If any employee voluntarily shares private
healthcare information with a member of management, this information will be
kept confidential. If applicable, the Company will set up guidelines for
employees and management to follow to ensure that company employees
conform to the requirements of the Health Insurance Portability and
Accountability Act (HIPAA).
with the Company within the past three years, or if their previous I-9 form is
no longer retained or valid. You may raise questions or complaints about
immigration law compliance without fear of reprisal.
Section 3
Hours of Work and Payroll Practices
3.1 Pay Periods and Paydays.
3.2 Overtime.
Nonexempt employees will be paid in accordance with federal and Illinois state law.
In Illinois, with some exceptions, the standard work week for nonexempt employees
should not exceed 40 hours per week. Should the Company find it necessary to
employ an employee in excess of this standard, overtime hours shall be
compensated at the rate of one and one-half times the regular rate of pay.
All rest and meal periods will be in accordance with Illinois state law.
Employees scheduled to work more than a 7.5 hour period will be provided a 30-minute
unpaid meal period, no later than five hours after the beginning of the shift. Reasonable
unpaid break time will also be provided to breast-feed an infant or express breast milk.
with your Wage and Tax Statement (W-2) form for the prior year. This
statement summarizes your income and deductions for the year.
All employees are encouraged, but not required, to use direct deposit and
have their paychecks deposited into a bank account of an accredited
participating bank or credit union.
Section 4
Standards of Conduct and Employee Performance
4.1 Anti- Harassment and Discrimination.
Prohibited Conduct:
Prohibited harassment or discrimination includes any verbal, physical or visual conduct
based on sex, race, age, national origin, disability or any other legally protected basis if:
Prohibited harassment includes (but is not limited to) unwelcome sexual advances,
requests for sexual favors and lewd, vulgar or obscene remarks, jokes, posters or
cartoons, and any unwelcome touching, pinching or other physical contact. Other
forms of unlawful harassment or discrimination may include racial epithets, slurs and
derogatory remarks, stereotypes, jokes, posters or cartoons based on race, national
origin, age, disability, marital status or other legally protected categories. Prohibited
harassment might also be transmitted using the Company's electronic
communications system, or through other on-line conduct.
Complaint Procedure:
Employees or contract workers who feel that they have been harassed or discriminated
against, or who witness any harassment or discrimination by an employee, contract worker,
customer, vendor or anyone else who does business with the Company, should immediately
report such conduct to their supervisor or any other member of management.
Do not allow an inappropriate situation to continue by not reporting it, regardless of who is
creating the situation. No employee, contract worker, customer, vendor or other person who
does business with this organization is exempt from the prohibitions in this policy.
In response to every complaint, the Company will conduct an investigation
which may involve interviewing witnesses if warranted and, if improper
conduct is found, take appropriate corrective action.
To the extent that an employee or contract worker is not satisfied with the
Company's handling of a harassment or discrimination complaint, he or she may
also contact the appropriate state or federal enforcement agency for legal relief.
4.2 Attendance.
Punctuality and regular attendance are essential to the successful operation of the
Company's business. If an employee is unable to report to work (or to report to work
on time) for any reason, the employee must notify his or her supervisor before his or
her starting time. If an employee desires to leave work for any reason during the
workday, the employee must obtain the approval of his or her supervisor prior to
leaving. In the event that the employee fails to call his or her supervisor or report for
work for 10 consecutive workdays, the employee will be deemed to have voluntarily
resigned from his or her employment with the Company and will be removed from the
payroll. Excessive absenteeism or tardiness may subject the employee to disciplinary
action, up to and including termination.
Every organization must have certain standards of conduct to guide the behavior of
employees. Although there is no possible way to identify every rule of conduct, the
following is an illustrative list (not intended to be comprehensive or to limit the
Company's right to impose discipline for any other conduct it deems inappropriate).
Keep in mind that these standards of conduct apply to all employees whenever they
are on Company property and/or conducting Company business (on or off Company
property). Engaging in any conduct the Company deems inappropriate may result in
disciplinary action, up to and including termination.
a. Dishonesty;
1. Dress Code.
4.5 Safety.
The Company is committed to providing a safe workplace. Accordingly, the
Company emphasizes "safety first." It is the employee's responsibility to take steps
to promote safety in the workplace and work in a safe manner. By remaining safety
conscious, employees can protect themselves and their coworkers. Employees are
expected to promptly report all unsafe working conditions, accidents and injuries,
regardless of how minor so that any potential hazards can be corrected.
The Company is committed to providing its employees with a safe and productive
work environment. In keeping with this commitment, it maintains a strict policy
against the unlawful use of drugs in the workplace. Consequently, no employee may
possess, use, or sell, purchase or transfer illegal drugs at any time while on the
Company's premises or while using the Company vehicles or equipment, or at any
location during work time.
No employee may report to work with illegal drugs (or their metabolites) in
his or her bodily system. "Illegal drug" means any drug that is not legally
obtainable or that is legally obtainable but has not been legally obtained. It
includes prescription drugs not being used for prescribed purposes or by
the person to whom it is prescribed or in prescribed amounts. It also
includes any substance a person holds out to another as an illegal drug.
All offices, desks, file drawers, cabinets, lockers, Company vehicles, and
other Company equipment (including but not limited to computers, e-mail and
voice mail) and facilities or any area on Company premises are the property
of the Company ("Company Property"), and are intended for business use.
Employees should have no expectation of privacy with respect to Company
property and/or items stored within Company Property or on Company
premises. Inspection may be conducted at any time, without notice, at the
discretion of the Company.
In addition, when the Company deems appropriate, employees may be required to submit to
searches of their personal vehicles, parcels, purses, handbags, backpacks, brief cases, lunch
boxes or any other possessions or articles brought on to the Company's premises.
The Company uses various forms of electronic communication including, but not
limited to: computers, email, telephones, voicemail, instant message, text message,
Internet, cell phones and smart phones (hereafter referred to as "electronic
communications"). The electronic communications, including all software,
databases, hardware, and digital files, remain the sole property of the Company and
are to be used only for Company business and not for unreasonable personal use.
The following rules apply to all forms of electronic communications and media that
are:
(1) accessed on or from Company premises; (2) accessed using the Company
computer or telecommunications equipment, or via Company-paid access methods;
and/or (3) used in a manner which identifies the Company. The following list is not
exhaustive and the Company may implement additional rules from time to time.
a. Electronic communication and media may not be used in any manner that
would be discriminatory, harassing, or obscene, or for any other purpose that
is illegal, against Company policy, or not in the best interest of the Company.
Employees who misuse electronic communications and engage in
defamation, copyright or trademark infringement, misappropriation of trade
secrets, discrimination, harassment, or related actions will be subject to
discipline, up to and including termination. Employees may not install
personal software on Company computer systems.
b. Employee's own electronic media may only be used during breaks. All
other company policies, including the Company's no tolerance for
discrimination, harassment, or retaliation in the workplace apply.
d. The Company reserves the right to access and review electronic files,
messages, internet use, blogs, "tweets", instant messages, text messages,
email, voice mail, and other digital archives, and to monitor the use of electronic
communications as necessary to ensure that no misuse or violation of Company
policy or any law occurs. All such information may be used and/or disclosed to
others, in accordance with business needs and the law. The Company reserves
the right to keep a record of all passwords and codes used and/or may be able
to override any such password system
FourKites, Inc. is committed to utilizing social media to enhance its profile and
reputation, to listen and respond to customer opinions and feedback, and to
drive revenue, loyalty and advocacy. We encourage employees to support our
activities through their personal social networking channels while adhering to
the guidelines outlined in this section.
For the purpose of this section, social media and networking refers to the
use of web-based and mobile applications for social interaction and the
exchange of user-generated content. Social media channels can include,
but are not limited to: Facebook, Twitter, LinkedIn, YouTube, blogs, review
sites, forums, online communities and any similar online platforms.
The Company may provide cell phone allowances to employees in certain positions in an
effort to improve efficiency and effectiveness. When cell phones are used for Company
business, employees must comply with all Company policies governing conduct, including
our policies prohibiting discrimination, harassment, and violence in the workplace. When
using the cell phone in a public place, please remember to maintain the confidentiality of any
private or confidential business information. As a courtesy to others, please shut cell phones
off or place on vibrate mode during meetings.
Section 5
Employee Benefits and Services
5.1 Generally.
This Handbook does not contain the complete terms and/or conditions of any
of the Company's current benefit plans. It is intended only to provide general
explanations. For information regarding employee benefits and services,
employees should contact Human Resources.
All states have Workers' Compensation laws whose purpose is to promote the
general welfare of people by providing compensation for accidental injuries or death
suffered in the course of employment. These laws are designed to provide protection
to workers suffering occupational disabilities through accidents arising out of, and in
the course of employment. FourKites, Inc. carries Workers' Compensation Insurance
for all employees and pays the entire cost of the insurance program. An employee
who suffers an injury or illness in connection with the job is usually eligible to receive
payment through the insurance company for lost wages. In addition to disability
payments, necessary hospital, medical and surgical expenses are covered under
Workers' Compensation, with payments being made directly to the hospital or
physician. Workers' Compensation benefits to injured workers also include
assistance to help qualified injured employees return to suitable employment.
5.3 Social Security Benefits (FICA).
During your employment, you and the Company both contribute funds to the
Federal government to support the Social Security Program. This program is
intended to provide you with retirement benefit payments and medical
coverage once you reach retirement age.
The company pays a state and federal tax to provide employees with
unemployment insurance coverage in the event they become unemployed
through no fault of their own or due to circumstances described by law. This
insurance is administered by applicable state agencies, who determine
eligibility for benefits, the amount of benefits (if any), and duration of benefits.
Section 6
Employee Leaves of Absence and Time Off
6.1 Generally.
All requests for a leave of absence will be considered in light of their effect on the Company
and its work requirements, as determined by Company management, which reserves the
right to approve or deny such requests in its sole discretion, unless otherwise required by
law. For disability-related leave requests, the Company will engage in an interactive process
with the employee to determine if a leave is the most appropriate accommodation. The
employee must provide a certification from his or her health care provider to the Company to
support a leave for medical reasons. Failure to provide the required certification to the
Company in a timely manner will result in delay or denial of leave. If an employee requires an
extension of leave, the employee must request such extension and have it approved before
the expiration of the currently approved leave.
While the Company will make a reasonable effort to return the employee to
his or her former position or a comparable position following an approved
leave of absence, there is no guarantee that the employee will be reinstated
to his or her position, or any position, except as required by law.
Eligible employees are entitled to a maximum of 16 paid time off ("PTO") days per
year. A PTO day’s pay for regular full-time employees will be calculated based on
the employee's base pay rate times the number of hours the employee would
otherwise have worked on that day. Regular part-time employees will be paid on a
pro-rata basis. Employees are entitled to carryover a maximum of 4 PTO days per
year. Any days not taken at the end of the calendar year in excess of this amount
will be forfeited. Upon termination, employees will be paid for any unused time off as
wages.
6.3 Holidays.
Memorial Day
Independence
Day Labor Day
Thanksgiving
Day
Day After
Thanksgiving
Christmas Eve
Christmas Day
New Year's
Eve 1 floating
holiday
The Company will grant paid holiday time off to all eligible employees. Holiday pay
for regular full-time employees will be calculated based on the employee's base pay
rate (as of the date of the holiday) times the number of hours the employee would
otherwise have worked on that day. Regular part-time employees will be paid on a
pro-rata basis.
The annual floating holiday is accrued on January 1 each year, and there is a 3
month waiting period for new hires. Employees starting on September 1 or after will
not be eligible for the floating holiday until the first of January after their start date.
The holiday schedule is subject to change, depending on which business days each
holiday falls on. Please check Zenefits for the most up-to-date holiday schedule for
this year and next year. Floating holidays are accrued as personal leave in Zenefits.
Because of the Company's small size, we are not required to comply with the
federal Family and Medical Leave Act ("FMLA"). However, we recognize that
our employees may occasionally need to take unpaid leave to care for a new
child, to care for a seriously ill family member, to handle an employee's own
medical issues, or to handle issues relating to a family member's military
service, possibly including caring for a family member who is injured while
serving in the military. We will honor the guidelines set out under FMLA.
Paid Parental Leave
Birth parent: We offer paid leave to the birth parent according to the following
schedule:
Non-birth parent: We offer 2 weeks of paid leave at 100% of salary for non-birth
parents.
If you anticipate that you might need time off to deal with family and
medical issues, please speak with your supervisor as early as possible.
Any employee who is unable to work due to a work related injury or illness
and who is eligible for Workers' Compensation benefits will be provided an
unpaid leave for the period required. The first 12 weeks will be treated
concurrently as a family and medical leave under the federal Family Medical
Leave Act ("FMLA") for employees eligible for FMLA leave.
U.S. citizens have a civic obligation to provide jury duty service when called.
Employees are entitled up to 3 working days, with pay, at their regular straight
time or base salary for jury duty.
By state law, a regular night shift employee will not be required to work if
he or she is serving on a jury during the day. The employee should also,
by law, not lose any seniority or benefits for serving jury duty.
The employee must bring in the jury duty notice as soon as it is received so
that appropriate arrangements can be made to cover his or her duties.
Employees are required to call in or report for work on those days or parts of
days when their presence in court is not required.
Employees who are registered voters and whose working hours begin less
than two hours after the opening of the polls and end less than two hours
before the closing of the polls may take up to two hours off work with pay to
vote in any local, state, and national election at a time decided by the
employer. Employees should provide notice when time off is required.