Peery v. Nixon Engineering,llc

Western District of Texas, txwd-6:2018-cv-00358

Exhibit B - Nixon Engineering Employee Handbook

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EXHIBIT B PAYROLL POLICY Employees will be paid weekly. Your paycheck is payment from the Company to you for services you have rendered. It is exactly equal to the amount of work you performed. Employees will receive a draft paystub on the Monday before payday. Employees must review the draft paystub and if an error is discovered, employees must prepare and submit a payroll ticket no later than 8:00am the Wednesday before payday in order to receive the benefit of the correction on that week's payday. If you do not comply, your paycheck will be corrected on the next regular scheduled pay date of the week you submitted the proposed error on or before 8:00am the Wednesday before the scheduled pay date. Pay periods are from Sunday to Saturday and pay date is the following Friday. If you do not understand how to calculate your pay or how to read your check, seek help from Human Resources Department so that it can be explained to you by submitting a payroll ticket. Hourly-paid employees who work more than forty (40) hours in one workweek will be paid for such overtime hours at one and one-half (1-1/2) of their regular straight time hourly rate. Overtime is only permitted when authorized by your supervisor and/or the Human Resources Department. Employees shall be required to work overtime when directed by their supervisors. Failure of an employee to work assigned overtime when requested will be grounds for disciplinary action, up to and including termination. Your paycheck indicates that there are three (3) automatic deductions from your "gross pay," all of which are required by law. These are: Social Security (F.I.C.A.), Federal Income Tax Withholding and Medicare. The Federal Income Tax Withholding varies with the number of exemptions that you have claimed. Consult your tax advisor or the Internal Revenue Service as to how many exemptions you should claim. Under Texas law, the Company cannot garnish your wages for the collection of unpaid debts. There are some instances, however, where your paycheck may be subject to deductions other than Social Security, income tax and Medicare. For example, child support payments, unpaid student loans and unpaid income taxes may be deducted from an employee's paycheck pursuant to a Court order or tax lien filed by the Internal Revenue Service. Also, deductions that are authorized by the employee may be made for items such as insurance premiums. No such deduction will be made, however, unless it is authorized in writing by you. Unless authorized by a signed statement from the affected employee, the Company will not distribute paychecks to anyone other than the employee to whom the paycheck is issued. Employees must complete a "Payment Instruction/Authorization Form" attached hereto. Employees must complete the "Job Classification & Pay Policy" attached hereto. Employees must complete the "Self-Identity Form" attached hereto. 743 22. Operation of Company vehicles without possession of a valid and/or proper operator's license or failure to maintain a satisfactory driving record. 23. Misappropriating Company funds, property, or assets. 24. Failure to cooperate with the Company or authorized law enforcement agencies engaged in a Company related investigation. An employee who receives a written warning will be required to acknowledge receipt of the warning immediately by signing the warning. The employee's signature on a warning does not mean that the employee admits to any wrongdoing -- it only indicates that he or she has been notified. It is not possible to list all rules of conduct. As far as possible, the Company tries to avoid unnecessary restrictions on your personal conduct because we feel certain that you will follow the generally accepted customs of good taste. In the event of a violation of a rule, fair and just consideration will be given to all of the circumstances. SMALL EQUIPMENT INVENTORY Drivers and all employees are required to complete this inventory form every month on the first day of the month and provide it to their supervisor. Supervisors are required to confirm and provide a copy of the inventory form to the Fleet Manager. If there are additions or deletions, then an edit form must be completed. NO SOLICITATION For the protection of employees and to avoid disruption of employees' work schedules, solicitation of employees by non-employees for any charitable or commercial purpose, and the promotion, distribution, or circulation of pamphlets, literature, or any other material, on Company premises is prohibited. Similarly, solicitation of employees by other employees and the distribution of literature or other materials is strictly prohibited during either employee's working time or in working areas. NOTICE TO EMPLOYEES 1.You are required to accept all dispatches assigned to you, absent a reason acceptable to Nixon Engineering. 2.All SMART 1257s must be completed as prescribed and returned to the office every day after each job closes, before leaving the jobsite by accessing the company 2543 software. The only exception is if there is no internet service in that area, then the employee may enter the data at a later time on the same day. Failure to submit SMART 1257 on time will result in at least a two (2)-week delay in payment of the reported period. The SMART 1257 may be sent by the Crew Leader, but each employee is responsible for insuring the data is submitted and timely and that their signature is on the SMART 1257. 3.You must review your payroll data on or before the Monday before payday. If you do not submit a Ticket stating there is a problem, then it is deemed that you approved the payroll data. In the event there is a mistake after the paycheck is cut, you have five (5) days following each pay date to dispute your pay. All disputes must be in writing and signed by the Employee and sent on a payroll ticket on the company software. Any matter not resolved to your satisfaction bay be submitted according to the grievance procedure. Any telephone calls about a payroll dispute will be considered insubordination and handled accordingly. 4.You will be assigned a Supervisor and all other matters relating to your job shall be communicated to the supervisor. Failure to abide by this or any Company policy shall be considered insubordination. 5. Change of payment method (i.e. mail, direct deposit or Net Spend) will take two (2) weeks from the date received for the change to be effective. Any change must be submitted in writing on a payroll ticket via the company software and by completing a new direct deposit authorization form. 6.You are required to participate as described in this section in order for your payroll to be processed timely and accurately. 7.Supplementary documents (Form 1257) must be attached to the SMART 1257 entry. Failure to supply the supplementary documents may result in delay of your timely and accurate payroll. 8.There is no travel time for anyone. You are either a driver or a rider. However, if you perform a service for Nixon Engineering immediately prior to obtaining your courtesy ride you may be eligible for ride time; however, you must obtain prior approval, signed by your supervisor and you must describe the service performed, before such ride time will be considered for approval 2643 and/or payment. The Company policy is no ride time and such provisions if required will be edited to eliminate the circumstance for payment of any ride time. 9.Drivers may claim drive time only if there is a preapproved driving assignment, and such pay shall be paid according to the Fair Labor Standards Act. 10.Drivers are only eligible for drive time, if they have obtained prior approval from the supervisor in the form of a Drive Order and Dispatch. 11. There is no pay for "waiting". 12. Every Form 1257 (Daily Hours) and SMART 1257 must state the name of driver and all flaggers. No Driver or Flagger will be paid if their name fails to appear on the Form 1257 or SMART 1257. Only Flaggers who have received prior authorization may place their name on the Form 1257 or SMART 1257, enter any work zone, and/or drive/ride in any Nixon Engineering vehicle, as appropriate. 13.Drive Time Rules A. When lodging out of town: i. Driver may to claim drive time from the start location to the end location. ii.There is no other drive time to and from the job once driver arrives at the lodging facility. If the job moves from that lodging area to another lodging area due to a change in projects, then drive time is allowed from one lodge to another lodge or job site, whichever is first (i.e. one district to another district). If the job ends and the drive is back home, there is no drive time for drive home. * Driver shall provide a Diving Record as provided in "Weekly Timesheets", regardless of whether driver is allowed to claim drive time. All drivers shall provide details as indicated on the Driver Record of the Weekly Timesheets and such data is required to be submitted timely each week. B. When not lodging out of town: 2743 i. If the truck is kept at the driver's home, there is no drive time. ii. If the truck is picked up from Nixon Engineering's yard, the drive time is from the yard to the job. There is no drive time for driving back to the yard. * There is no pay for "ride time". Riding in Nixon Engineering's vehicle to the work site or lodging facility is considered a courtesy ride. 14.Accounting for fuel funds will be processed according to two analyses: a. The number of miles on the Vehicle; and b. The receipts returned which include the number of gallons and the price per gallon of fuel. 15. Any and all Customer Complaints received by any Employee must be communicated to the Company by notifying the Supervisor, Call Center and then at the end of the day, added to SMART 1257, in the "Notes" section. 16. Any and all Citizen Complaint received by any Employee must be communicated to the Company by notifying the Supervisor, Call Center, and completing the "Citizen Complaint Form", which is attached hereto and made a part hereof for all purposes and provided on the Company Website under "Information Center". All employees must let the Citizen know they are also encouraged and welcome to call 844-ON-ROADS (844-667-6237) to report any matter they deem appropriate and/or necessary. COMPANY VEHICLES Company vehicles are to be used for Company business only. Only persons specifically authorized to use Company vehicles may do so. Any violation of this policy will constitute "Unauthorized us of a Company Vehicle" and will be dealt with according to all applicable rules and laws. Employee may be subject to Disciplinary Action for improper use of a Company Vehicle. Depending on the circumstances, the disciplinary actions may be ignored and Company may use any remedy at law to protect itself and/or others against any Unauthorized Use of a Company Vehicle. 2843 EXHIBIT T STATEMENT OF EMPLOYEE NOTE TO EMPLOYEE: Please read this Employee Handbook and keep it handy for future reference. You are required to sign this sheet and return it to your supervisor within ten (10) days after receipt of this Handbook. I acknowledge that I have access to all of the rules and information contained in the Nixon Engineering's Employee Handbook dated December 20, 2016 and The Accident Prevention Plan on Nixon Engineering's Intranet Portal/website located at (do not type in "www" or "http"). I acknowledge and agree that the terms and conditions of my employment with Nixon Engineering are governed, in large part (but not exclusively), by the policies, procedures and description of benefits provided in the is Handbook, and I agree to abide by these policies and procedures. I understand that Nixon Engineering reserves the right to modify, delete or add to the information contained in this Handbook, and that I will be notified of any such changes by the Company. I understand that this Handbook supersedes all previously dated Handbooks and/or materials. I understand that nothing contained in this Handbook shall be construed as a contract of employment and that I am employed by the Company at-will, with either me or the Company having the right to terminate the employment relationship at any time and for any reason, with or without notice. I understand that Nixon Engineering enforces its policy prohibiting harassment, including sexual harassment. I agree that if I witness an act of harassment, or if I am subject to an act of harassment, I will immediately report that conduct as required by the Company's policy. I specifically agree to the Company's Confidentiality, Nondisclosure, Non-Solicitation, Non-Competition and Inventions Agreement contained in the Company Employee's Handbook dated December 20, 2016. I understand that I am either a Flagger or a Driver or a Lead Crew Member or one or a combination of two or combination of all three. I agree to comply with the applicable description of Flagger, Lead Crew Member and/or Driver. In the event I have a valid Driver's License and be pre-approved to be a Company Driver. If I am designated at any time and am the Lead Crew Member, then I agree to comply with all the descriptions of a Lead Crew Member. At all times, I agree to the descriptions of Flagger. The Flagger, Lead Crew member and driver descriptions, along with their respective duties, policies and procedures which are found in the Forms Sections of this Employee Handbook. I understand that my Company email can be used only for Company purposes and no other purpose. All uses of my Company email must be appropriate and proper. Employee Name (Printed) Employee Signature Date EXHIBIT U Uniform Deposit Agreement Employee Handbook Revised 12/20/2018 Page 67 of 73