EMPLOYEE
HANDBOOK
March 2016 Edition
The purpose of this handbook is to inform all of our
employees of our Company's procedures, policies, benefits,
rules and regulations. There is no intention on the
Company's part by the publication of this handbook to
create a contract of employment, to create an employment
relationship of any definite duration, or to cover every
circumstance that could possibly arise. You should know
that while the Company believes in the benefits, rules,
procedures and policies contained in the handbook, it may
be necessary from time to time, when, in the Company's
opinion, circumstances warrant to interpret, modify, delete,
change, or make exceptions to the policies and procedures
set forth.
Earp Distribution feels its responsibility to you as an
individual and recognizes the importance of your
contribution to achieve Company objectives.
With this in mind, this handbook will provide you with some
of the answers about your job and a better understanding of
the ground rules which apply to you and your work.
You are encouraged to contact your immediate supervisor
for any assistance or information you may require to
perform your job successfully. They are ready and willing to
assist you with any problem that may arise in connection
with your responsibilities.
It is our sincere desire that your association with Earp
Distribution be a long, pleasant and productive one.
Cliff Earp
ALPHABETICAL INDEX BY TOPIC
Access Control Policy ........................................................................................... 24-25
AFLAC Plans ............................................................................................................... 41
Anti-Docking Policy ..................................................................................................... 30
Attendance and Punctuality .................................................................................. 20-23
Change of Status......................................................................................................... 11
Company Vehicles ...................................................................................................... 34
Conduct and Dress ............................................................................................... 31-32
Credit Unions ............................................................................................................... 56
Dental Benefits ............................................................................................................ 40
Disability Accommodation .................................................................................... 18-19
Discrimination-Free Workplace .................................................................................. 15
Drug and Alcohol Abuse, Statement of Policy ..................................................... 35-38
Education Assistance.................................................................................................. 55
Employee Assistance Program (EAP) ................................................................ 38, 41
Employee Benefits ................................................................................................ 40-56
Employee Relations Policy ......................................................................................... 10
Environmental Compliance......................................................................................... 10
Family & Medical Leave of Absence (FMLA) ...................................................... 47-52
Flexible Spending Account ......................................................................................... 41
Foreword........................................................................................................................ 1
Freedom of Association .............................................................................................. 11
Funeral Leave.............................................................................................................. 46
Garnishment & Personal Debts .................................................................................. 12
Gifts .............................................................................................................................. 11
Gifts and Awards ......................................................................................................... 30
Harassment-Free Workplace................................................................................ 16-17
Health Benefits ............................................................................................................ 40
Highlights of Earp Distribution Growth ......................................................................5-8
Holidays ....................................................................................................................... 44
Hours of Work.............................................................................................................. 20
How We Work ....................................................................................................... 20-23
Identity Theft Protection .............................................................................................. 42
Internet Use Policy ................................................................................................ 26-28
Introductory Period ...................................................................................................... 20
Jury Duty...................................................................................................................... 46
Keeping You Informed ................................................................................................ 13
Life & Accidental Death Insurance ............................................................................. 42
Loans ........................................................................................................................... 12
Lunch and Breaks ....................................................................................................... 33
Military Leave .............................................................................................................. 47
McDonald’s Code of Conduct .................................................................................... 64
Mission Statement......................................................................................................... 4
Non-Family & Medical Leave of Absence (non-FMLA) ....................................... 52-53
Ombudsman .................................................................................................................. 1
Overtime ...................................................................................................................... 30
Pension Plan ............................................................................................................... 54
401k Plan ..................................................................................................................... 54
Personal Days ............................................................................................................. 46
Principle Centered Earp Culture .................................................................................. 2
Product Safety and Quality………………………………………………………… ..... 39
Quality Policy ................................................................................................................. 4
Rules of Conduct ................................................................................................... 13-14
Safety, Declaration of Company Policy….. … ……………………………………… 39
Salary Administration ............................................................................................ 29-30
Searches...................................................................................................................... 38
Section 125 .................................................................................................................. 40
Seniority ....................................................................................................................... 34
Service Recognition .................................................................................................... 56
Short Term Disability………………………………………………………………........ 42
Sick Leave ................................................................................................................... 45
Smoke-Free Campus Policy ....................................................................................... 39
Social Compliance ...................................................................................................... 10
Solicitation ................................................................................................................... 12
Some Things We Believe In ....................................................................................... 10
Support Your Organization ......................................................................................... 11
Telephone Use ............................................................................................................ 33
Termination, Courtesy Notice of ................................................................................. 11
Time and Attendance Record Keeping ...................................................................... 29
Travel Expenses-Reporting Policy……………………………………………..….57-62
Uniforms ...................................................................................................................... 33
Vacation ....................................................................................................................... 43
Value, and Vision Statements ...................................................................................... 3
Voluntary Life Insurance ............................................................................................. 42
Voluntary Vision Insurance ......................................................................................... 40
Weapons-Free Workplace .......................................................................................... 15
Who We Are and What We Do..................................................................................... 9
Worker's Compensation.............................................................................................. 53
FOREWORD
You are now a part of the Earp Distribution family and we take this opportunity to welcome
you as a fellow employee.
We would like your association with us to be of mutual benefit. You have been selected
and asked to work with us, because it is felt that you can make a real contribution to our
operations. We hope that you will find satisfaction in your work and the opportunities that
Earp Distribution provides.
One of the most important factors in good employee/employer relationships is
COMMUNICATION. It is our wish that employee/supervisor relationships are as frank and
open as possible, bearing in mind that this relationship must be a two-way street to be
effective. Everyone needs to talk. Everyone needs to listen.
It is important in our relationship that the employees speak up and that the Company
hears them. Many of the most productive ideas or improvements have come from our
employees and we do not intend that this rich source of suggestions or comments will be
allowed to dry up because "no one listens."
Those of us who manage the Company intend to see that you are kept informed
concerning the Company's progress and plans. We want you to know what is expected,
your duties and responsibilities. We want you to know when you do something wrong and
when you do something especially well.
We want to know when we do something that may offend you or please you.
We are pleased to have you with us and wish you a pleasant and rewarding
relationship.
Your Management Team
OMBUDSMAN
The role of Ombudsman is to investigate complaints, address inquiries, and resolve fair
settlements between parties. The person in this role with Earp Distribution is our Human
Resources Manager. Our Human Resources Manager is a knowledgeable source who is
available to help as needed. Please feel free to stop by, call, e-mail, or leave a note for the
Human Resources Manager to get in touch with you. Confidentiality will be preserved to
the extent reasonably possible and consistent with an appropriate and fair investigation
into the facts and/or resolution of the matter.
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Principled Centered Earp Culture:
TRUST
Do what you say you will do (DWYSYWD) “If you want to be trusted, you have to be trustworthy”
RESPECT
Special consideration one holds for another: to admire the talents of others. “Give it to get it”
KINDNESS
Benevolence: thoughtfulness, helpful, friendly-gentle, pleasant or beneficial in action, “anonymous
service-doing things for others without needing to be recognized for doing, small things”
PATIENCE
Possessing the ability to persevere, to conquer irritation, capacity to put up with troubles, hardships,
failure, or difficulty without complaint or losing heart
HUMILITY
Balance pride with one’s character
INTEGRITY
Moral soundness: strong virtues/values (PRINCIPLE DRIVEN), keeping promises (TRUST),
continual growth and learning, by accepting feedback (CONSTRUCTIVE CRITICISM) as opportunity
to grow
LOYALTY
Faithful to others personally devoted to being good to others. “Individual commitment to a person or
a group”
FORGIVENESS
To excuse, to pardon, to have a genuine concern for learning from mistakes philosophy
ENCOURAGEMENT
Showing belief and faithful support in fellow co-workers, assisting in the maintenance of others’
esteem
COURAGE
Having the ability to express one’s opinion while portraying consideration for others’ opinions and
convictions. “Courage is being scared to death and still going for it.”
QUALITY
Continuous Improvement, Pride in Work
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EARP DISTRIBUTION
Our Values:
Honesty and trust between ourselves, our customers, and all those with
whom we come into contact.
We believe that our personal integrity, our adherence to high ideals, and
our unity of purpose will provide the foundation for our achievement.
We believe in a balanced life between our family and our profession and
that this balance provides the incentive and the opportunity for success
both personally and professionally.
We believe that teamwork is a basic work principle that enables us to go
farther together than any one of us could achieve alone.
We believe that each of us has the right to expect a high degree of
competence from our co-workers, thereby trusting that jobs and tasks
will be completed as expected, without excuses.
We believe that persistence and determination will be our
driving force.
Our Vision:
We will be the benchmark of the McDonald's distribution community.
Because of the quality of our people, we will be recognized for our
excellence and will be offered new opportunities to share with all employees.
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EARP DISTRIBUTION
Our Mission:
To be better at what we do than anyone else.
To never accept less from ourselves than our customers expect.
To satisfy 100% of our customers 100% of the time.
Our Quality Policy:
We will meet and exceed the expectations of McDonald’s, our suppliers and each other.
We do exist and will grow because of your dedication to 100% Total Customer
Satisfaction.
We must be McDonald’s most valuable asset.
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EARP DISTRIBUTION’s GROWTH
Earp Distribution, whose official name is Earp Meat Company, was founded by Don and
Marie Earp and originated as a partnership in 1954 that sold quality fresh meat to
restaurants, hotels, and institutions in the Greater Kansas City area. The company was
incorporated in 1967, with all stock being owned by the Earp Family. The company is in
its third generation of ownership; currently being led by Cliff Earp.
In 1962, the Company began selling fresh hamburger to two McDonald’s restaurants in
Kansas City. Eight years later, at McDonald’s request, the Company became a
distributor to McDonald’s restaurants, selling various food products, in addition to fresh
hamburger. In 1972, the Company started servicing McDonald’s restaurants in Wichita,
Kansas, the first area expansion outside Kansas City. By 1975, the Company also
serviced the Joplin and Springfield, Missouri markets and most of Nebraska.
On October 1, 1974, Earp Distribution sold its fresh meat business and building at 1615
E. 8th Street and moved to 5510 Kansas Ave, Kansas City, Kansas/ In February, 1979,
the Company began to deliver fresh buns every other day to 37 McDonald’s restaurants
in greater Kansas City in addition to once weekly deliveries of frozen, refrigerated and
dry food products, including produce and dairy products, twice weekly to restaurants in
Wichita. Gradually, this program was expanded to 57 restaurant locations.
In 1998 the company began delivering to Chipotle restaurants in the Kansas City
market. By 2008 the company had expanded its deliveries to include 50 Chipotle
restaurants located in the Greater Kansas City, St. Louis & Springfield, Missouri, Iowa,
Oklahoma, Nebraska, and Wichita markets.
In October, 1984 our distribution center at 6550 Kansas Ave, Kansas City, Kansas,
became operational. It was expanded to meet customer needs thru the years, but in
2008 it was determined we would need a larger facility. Through 2008, the company
serviced 420 McDonald’s and 50 Chipotle’s from this location.
In August of 2011, we completed our move to our new 184,000+ square foot facility
located at 2730 South 98th St, Edwardsville, KS. There are future expansion capabilities
in our new center. The center has a flow thru design to increase productivity, an energy
efficient design with an energy management system, an ammonia refrigeration system,
and an onsite emergency generator backup. Our physical plant consists of a 20,000 sq
ft freezer, a 17,000 sq ft cooler, a 26,000 sq ft cold dock, 67,000 sq ft of dry storage,
18,000 sq ft office area, and a 14,000 sq ft truck maintenance garage.
Earp Distribution continues to look forward to the challenges of expansion, is proud and
appreciative of its association with McDonald’s and its growing relationship with
Chipotle. The purpose of the company is to deliver frozen, refrigerated, dry and
promotional products to our restaurants as well as provide added value services to ease
the burden of the restaurant managers.
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History
Earp Distribution had its beginning as Earp Meat Company, which was founded by Jim’s
mother Marie Earp in 1956. Jim’s brother Don joined the company out of high school
when the company was started in 1956 as A&E Meat Company. The “A” stood for
Arlund; Chuck Arlund was the original partner with Marie Earp. In 1959, Chuck Arlund
and Marie Earp decided to separate their company and Earp Meat was founded. Don
Earp had worked alongside his mother Marie at A&E and continued his career with Earp
Meat Company. At that time, Earp Meat Company was wholly owned by Marie Earp. As
with any startup company, those were challenging years and it took many members of
the Earp family, working long hours alongside loyal employees to survive and succeed
in a very competitive business. In 1959, Jim married his wife of nearly 50 years, Marilyn.
About 1960 Jim moved to Kansas City with his family and began working at Earp Meat
Company. Marie, Jim, and his brother Don worked 12-14 hour days, usually seven
days a week, dedicated to the success of the company.
The company sold and
delivered fresh meat products to restaurants, schools, and other food service
companies.
Our McDonald’s Start
For the record, next is a written quote from Jim Earp. It is his narration on how our
relationship with McDonald’s began. We would like to share it with you.
1962- Jim Earp, “I was out one night calling on a customer and met a coffee salesman.
We became acquainted and I guess he must have felt sorry for us because he offered
to introduce me to the owner of a McDonald’s restaurant that had just opened in Kansas
City. At that time there were just two McDonald’s restaurants in the city (Kansas City). I
went over to 49th and Swope Parkway and met the owner and was able to start selling
him part of his fresh hamburger. Frankly, the reason we got some of his business was
because we were cheaper. As McDonald’s grew in the area, we expanded and
eventually were selling all the fresh meat to the 21 restaurants in greater Kansas City.
During the next 7-8 year period, we lost the McDonald’s account three times but always
managed to get it back because our service and price was better.
In 1970, McDonald’s Corporation decided the whole system would go on frozen
hamburger patties and we were faced with losing the McDonald’s business again.
Fortunately for us, because of our reputation for good service and integrity, the
McDonald’s owners in Kansas City asked us if we would like to handle their food
products and we agreed. At that time, there weren’t many items, just French fries,
ketchup, pickles, mustard, cheese, Coca-Cola and some other items, about 50 in all. In
1974, we sold our fresh meat business because we thought the food distribution
business with McDonald’s offered the most potential and long term business stability.
Our reputation for dependability and honesty spread and we were able to pick up
several markets outside the Kansas City area.”
1984- The Company received permission to go into “Total Distribution” and the facility at
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6550 Kansas Ave, Kansas City, Kansas was built. At the time, we were servicing 197
McDonald’s restaurants. Today we are privileged to service 416 McDonald’s locations.
Today, we feel much gratitude to those who came before us and are inspired by the
core values of honesty and integrity that have always part of our company culture.
Jim’s chance meeting with a coffee salesman while he was out making business calls
one evening had a profound effect on the future direction of the company and all the
customers, friends, and partners that have been part of our lives and careers. It
reminds us of the little book, 212 F. If Jim had decided to go home and watch TV that
night in 1962, instead of calling on a customer, the chance meeting with the coffee
salesman that lead to the business opportunity with McDonald’s may have never
happened.
Taking that extra step; moving the needle one degree can make a huge
difference in what we can accomplish.
Earp Distribution
Historical Timeline
1956 – A & E Meat Company 1615 E. 8th Street
Marie Earp & Chuck Arlund Partners
Don Earp joins after High School graduation
A & E Meat Company sold quality fresh meat to restaurants, hotels, and institutions in
the Greater Kansas City area
1959 – Marie Earp & Chuck Arlund dissolve A&E and Earp Meat Company is founded.
During those challenging years and it took many members of the Earp family, working
long hours alongside loyal employees to survive and succeed in a very competitive
business. In 1959, Jim married his wife of nearly 50 years, Marilyn. About 1960 Jim
moved to Kansas City with his family and began working at Earp Meat Company.
Marie, Jim, and his brother Don worked 12-14 hour days, usually seven days a week,
dedicated to the success of the company. The company sold and delivered fresh meat
products to restaurants, schools, and other food service companies.
1960 – Jim Earp joins the company.
Marie, Jim, and his brother Don worked 12-14 hour days, usually seven days a week,
dedicated to the success of the company. The company sold and delivered fresh meat
products to restaurants, schools, and other food service companies.
1962 – We begin selling Fresh Meat Patties to McDonald’s @ 49th and Swope Parkway
As McDonald’s grew in the area, we expanded and eventually were selling all the fresh
meat to the 21 restaurants in greater Kansas City.
1970 - At McDonald’s request, the Company became a distributor to McDonald’s
restaurants, selling various food products (French fries, ketchup, pickles, mustard,
cheese, Coca-Cola and some other items, about 50 in all) , in addition to fresh
hamburger.
1972 - The Company started servicing McDonald’s restaurants in Wichita, Kansas, the
first area expansion outside Kansas City.
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1974 - We sold our fresh meat business because we thought the food distribution
business with McDonald’s offered the most potential and long term business stability.
Our reputation for dependability and honesty spread and we were able to pick up
several markets outside the Kansas City area.
On October 1, 1974, Earp Distribution sold its fresh meat business and building at 1615
E. 8th Street and moved to 5510 Kansas Ave, Kansas City, Kansas
1975 - Our service area expands to the Joplin and Springfield, Missouri markets and
most of Nebraska.
1979, the Company began to deliver fresh buns every other day to 37 McDonald’s
restaurants in greater Kansas City, in addition to the once weekly deliveries of frozen,
refrigerated and dry food products, including produce and dairy products, twice weekly
to restaurants in Wichita. Gradually, this program was expanded to 57 restaurant
locations.
1984- The Company received permission to go into “Total Distribution” and the facility
@ 6550 Kansas Ave was built. At the time, we were servicing 197 McDonald’s
restaurants.
1998 - The company began delivering to Chipotle restaurants in the Kansas City market
2009 – Our Customer base consisted of:
417 McDonald’s in Kansas, Missouri, Oklahoma, Iowa, and Nebraska
56 Chipotles in Kansas, Missouri, Oklahoma, Iowa, and Nebraska
2010 – On May 5, 2010, we broke ground for our new 184,000+ square foot facility
located in Edwardsville, KS.
2011 – We moved into our new facility in two stages: (1) Administration personnel
moved on July, 29; (2) Warehouse, Transportation, and Truck Maintenance moved on
August 5th
2011 – Our Customer base consisted of:
421 McDonald’s in Kansas, Missouri, Oklahoma, Iowa, and Nebraska
60 Chipotles in Kansas, Missouri, Oklahoma, Iowa, Nebraska, and Arkansas
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WHO WE ARE AND WHAT WE DO
We are fortunate to be a distributor to McDonald's franchised and Company-owned
restaurants located in western Missouri, Kansas, certain locations in Nebraska, Iowa, and
Oklahoma.
McDonald's is the largest restaurant chain in the world, both in number of restaurants and
in volume of sales. McDonald's competes with other restaurants not only in price, but also
in terms of efficiently offering quality food products with speed and courtesy in a
contemporary restaurant building where cleanliness is emphasized and by seeking to
establish and maintain a high level of public awareness through advertising.
Millions of times each day, McDonald's crew-people please McDonald's customers with
hot, delicious products with a thank you and a smile and in a spirit that says: "We do it all
for you". These men and women in crisp, fresh uniforms working in the hustle-bustle
atmosphere of a McDonald's restaurant represent their Company's high standards of
Quality, Service, Cleanliness, and Value.
McDonald's is our most important customer. We do not have a contract with McDonald's
and our services can be terminated at any time. For this reason, we expect that this
Company, through you, will do a better, more professional job, than any other distributor.
Prompt, accurate, and courteous service to McDonald's personnel, at every level, is of the
highest priority to this Company.
Our operating principle is that we must earn our business every day.
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SOME THINGS WE BELIEVE IN
Social and Environmental Compliance
Earp Distribution is dedicated to being a leader in food service distribution, achieving
unmatched value for our customers and creating an outstanding work environment for our
employees. We strive for the highest standards utilizing the best industry practices and
integrating social and environmental considerations into our business decision-making.
We have an overriding commitment to our customer and are sensitive to the needs and
concerns of the communities in which we operate. We have in place proper procedures to
ensure social and environmental considerations are carried out consistently across all its
activities and processes
Employee Relations Policy
Earp Distribution's Employee Relations Policy is to promote cooperative teamwork toward
a harmonious relationship among employees. We pay wages and provide benefits to our
employees that compare favorably in our area. As a part of this policy, it is Earp
Distribution's intention to continue improving wages and working conditions for employees
whenever and wherever possible and to otherwise provide for their security and future
welfare.
We believe that by working together we can solve any problem and continue to grow
successfully. We do not believe that union representation of our workforce is either
necessary or helpful in serving the best interests of our employees or our customer’s,
McDonald’s and Chipotle. We also understand and recognize employee freedom of
choice. Our employees have not felt the need for a union in their quest for job satisfaction
and well-being. The Company shall use every proper and legal means to maintain a
union-free work environment.
Our experience has been that when problems arise in the course of employment, free
discussion and exchange of ideas among members of the Company team can usually
resolve differences of opinion. It is for this reason that we firmly believe in and are proud
to maintain our "Open Door Policy.”
We pledge every effort to continue personnel policies and practices conducive to
cooperative teamwork and a harmonious, satisfying relationship.
Frequently during the course of the year, the Company will hold informal meetings at
which time your suggestions or comments are encouraged and appreciated toward
making this a better workplace. Additionally, we conduct periodic surveys.
Your comments, questions and concerns are always welcome and can be directed to
Steve Hewlett, the General Manager, the Human Resources Manager, your immediate
supervisor, or manager at any time.
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Freedom of Association
Earp Distribution recognizes the right of all of its employees to freely join and participate in
organizations outside the workplace, as long as membership with the organization does
not interfere with the employee’s ability to perform his or her job. Our lives are enriched
when opportunities to associate with all people of our choosing are unrestricted.
Support Your Organization
The jobs we hold and the pay we receive depends on the continued movement of
products to McDonald’s and Chipotle restaurants. We ask you to support your own
organization by patronizing McDonald’s and Chipotle restaurants, where you are always
guaranteed quality, service and courtesy at a competitive price.
Courtesy Notice of Termination
Two weeks notice is considered a minimum notice of your intention to terminate.
The orderly transition of duties from one employee to another can only come about if
properly planned. Considerable care and time went into your selection for this job. Should
you decide sometime in the future to terminate your employment with Earp Distribution, it
is important and will be appreciated if you give us sufficient time to locate a replacement
for you.
Upon receipt of a notice of voluntary resignation, Earp Distribution reserves the right to
terminate employment effective immediately or to accelerate the termination date if Earp
Distribution believes this would be in Earp Distribution’s best interest to do so. In such a
case, Earp Distribution will have no obligation to pay you for any time not actually worked,
but may do so at its sole discretion.
Change of Status
Your status from time to time may change from that given at initial employment. Such
items would include change of name, address, telephone number, dependents, and
beneficiary. Additionally, your Emergency Contact sheet should also be kept up to date.
It is important to you and the Company that we have correct personal data on each
employee. You should report any such changes in your status to your supervisor, payroll,
Sharon Mattocks, or Human Resources at your earliest convenience.
Updates can be requested online at www.Paycor.com/HR&Benefits/Myself or via a
Blank form available upon request from Sharon.
Gifts
No employee shall accept any gift or gifts except those of limited value from any party
engaged in dealings of any kind with Earp Distribution.
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Loans
The company does not extend loans to employees.
Solicitation
Solicitations during work time made by employees or by any outside individuals not
associated with Earp Distribution are prohibited except as outlined below:
Guidelines:
1.
Company time is to be used only for Company business. Unrestricted solicitation
by employees on Company premises interferes with the normal operation of the
organization and distracts employees.
2.
Solicitation by employees is prohibited during the working time of the employee
soliciting and any employee being solicited. However, at non-working times like
lunch or rest breaks, solicitation is allowed.
3.
Distribution of literature by employees in work areas is not permitted at any time.
4.
No non-employee solicitation or distribution of literature is allowed on Company
property at any time.
5.
No bumper stickers, non-Company decals or signs will be permitted on Company
vehicles.
Garnishment & Personal Debts
The Company charges you an administration fee for the processing of
garnishments. The fee is $2.75 per garnishment per pay period, not to exceed $10
per month per garnishment or such higher amounts as State Law may permit from
time to time.
Earp Distribution does not wish to become involved in any action that may be taken
against the Company or you for the collection of personal debts or accounts. Therefore,
we expect that you will manage your personal financial affairs accordingly.
Failure to pay or make satisfactory arrangements for payment of valid contractual
commitments or purchases may result in harassment by creditors of the employee
involved during working hours and distraction from attention to regular duties of
management and other Company employees. For this reason, you are expected to avoid
situations such as garnishment, that would force the Company to become involved or
which would have an unfavorable public relations impact.
The $2.75 per garnishment fee is intended to offset costs of administration, postage and
office supplies, and not to penalize the employee. We are doing this in an effort to
encourage you to be more responsible for your own obligations.
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KEEPING YOU INFORMED
The Earp Distribution management team maintains a policy of keeping employees
informed about conditions in our industry and within our Company that have an effect on
our operations.
Bulletins are posted on boards located in convenient places in our building. They contain
official announcements that often have a direct bearing on your job, as well as
announcements of activities at Earp Distribution.
Frequently important information is displayed on TV Monitors in the Break room, Dispatch,
Warehouse or Shop. It is important that you read these announcements and understand
upcoming events at Earp Distribution.
Periodically, you may receive mailing from Earp Distribution to your home or distributed by
your manager. It is important that you read this information promptly. Often, there are
statements concerning employee benefits that require immediate action.
RULES OF CONDUCT
Earp Distribution does not believe in and has always avoided a long list of rules on what
an employee must or must not do. We believe each person is entitled to individual
consideration, and in the event discipline is indicated, it should only come after careful
weighing of the facts concerning a particular case.
However, the safety and protection of the Company and all of its employees are so
dependent upon observance of some very basic rules that violation of any of them will be
considered extremely serious and may subject an employee to suspension or immediate
discharge. To permit their violation would, in fact, be an injustice to all employees of the
Company as these rules are clearly for the protection of all of us.
The violations include:
Theft or misappropriation of Company property
Harassment or discrimination of any type
Willful violation of an established safety rule or safety practice
Insubordination
Disregard of duty
Unauthorized or unreported absence from work
Use of alcohol or harmful drugs on Company premises or Company time, or
reporting to work under their influence
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Falsification of Company documents
Conduct which may cause damage or embarrassment to the Company including
rude, threatening, or profane language or actions, in the presence of customers, or
on customer property including but not limited to any other communication platform
or social network.
Unreported work related injury or damage to Company property or to the property
of others
Deliberate destruction or misappropriation of Company inventory, equipment or
property
Smoking or chewing tobacco in any building or area other your personal vehicle.
In cases of less serious misconduct the Company will generally endeavor to provide an
employee with one or more verbal or written warnings or disciplinary layoffs prior to
termination. Such misconduct may include:
Repeated tardiness
Excessive absence
Unjustified failure to follow instructions regarding safety practices
Failure to report within five days all traffic convictions involving a Company
commercial vehicle
Such other causes where indicated in this handbook or in any other Company
rules, policies, or procedures
Failure to comply with the above may result in disciplinary action as follows:
Verbal Warning
Written Warning
Suspension from duties
Depending on the nature, severity, and frequency of the infraction, disciplinary action of
one or all of the above disciplinary actions can be bypassed to allow for termination of
employment.
The above lists are not exhaustive and the Company may impose such disciplinary action
as it deems appropriate, up to and including discharge, for violations of the above rules as
well as for any other conduct which it believes may be inappropriate or is unacceptable to
it.
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WEAPONS-FREE WORKPLACE
Our organization prohibits the possession (concealed or unconcealed) and use of
weapons on our property and/or in connection with our business, even if the individual
has a permit, endorsement, or license to carry a concealed weapon or firearm. This
policy applies to every individual on our premises, all of our property (including
premises, vehicles used for company business, and parking lots).
We reserve the right, without advance notice and without reasonable suspicion, to
conduct searches at any time for weapons on our property or in connection with our
business. Any employee who violates this policy is subject to disciplinary action, up to
and including discharge. Any non-employee who violates this policy is subject to
termination of its business relationship with us, to be determined in our sole discretion.
DISCRIMINATION-FREE WORKPLACE
Earp Distribution is an equal opportunity employer. Therefore, it is the policy of the
Company:
●
To provide equal opportunity in employment for all qualified individuals
regardless of race, color, religion, national origin/ancestry, sex/gender, sexual
orientation, pregnancy, disability, genetic information (as that term is defined in
the Genetic Information Non-Discrimination Act), age, military status and any
other characteristic protected by law;
●
To prohibit discrimination and harassment in employment because of the
protected characteristics mentioned above; and
●
To prohibit retaliation, intimidation, harassment, threats, coercion and
discrimination towards any individual who files a complaint under this policy or
the law, opposes any act or practice which is a violation of this policy or the law,
exercises his/her rights under this policy or the law, or participates in any
company or government investigation of any complaint filed under this policy or
the law; and
This policy applies to all categories of employees and to all types of employment
actions, including, without limitation, hiring, promotion, demotion, transfer, recruitment,
advertising, layoff, terminations, compensation, selection for training, and other terms,
conditions or privileges of employment.
Reasonable efforts will be made to accommodate the impairments of qualified
individuals with disabilities and individuals’ religious practices and observances to the
extent required by law, unless undue hardship to the Company would result.
Any individual who in good faith believes that he/she has been treated in a manner
which violates this policy is encouraged to immediately contact the Human Resources
Manager or General Manager. Such complaints will be promptly addressed and
appropriate action taken if warranted.
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HARASSMENT-FREE WORKPLACE
Earp Distribution is committed to maintaining as enjoyable a workplace as reasonably
possible. Therefore, employees and non-employees are prohibited from engaging in
any form of unlawful harassment in the workplace as well as any other behavior that
would be inconsistent with the spirit and intent of this policy.
Harassment is unlawful when it: (1) is based on race, color, religion, sex/gender,
national origin, ancestry, disability, age and any other characteristic protected by law;
(2) is unwelcome; (3) is severe or pervasive in nature; and (4) is made a condition of
employment, unreasonably interferes with an employee’s work performance, or creates
an intimidating, hostile, or offensive work environment.
In addition, this policy prohibits retaliation against any employee because he/she files a
complaint under this policy, cooperates with any internal or government investigation, or
otherwise pursues his/her legal rights.
It is not possible to define every action or words that could be interpreted as
harassment. Harassment may encompass a wide range of verbal, physical and visual
behaviors and may be sexual or non-sexual in nature. Each situation depends on a
number of factors. In some cases, one incident will be sufficient to constitute
harassment. In other cases, a pattern or series of incidents may be necessary. In
addition, even if the behavior in question may not constitute harassment under this
policy, it may still be inappropriate in our workplace and subject to disciplinary action.
Following are examples of the types of behaviors that might constitute sexual
harassment and employees are not to engage in these types of behaviors in any event
because they are inappropriate in a workplace:
●
Sexual advances, propositions, or flirtations, as well as sexual innuendo or
conduct that has sexual overtones;
●
Requests or pressure of any kind for sexual favors, activities, or contact;
●
Sexually explicit, graphic, abusive, degrading, intimidating, or offensive
jokes, comments, remarks, gestures, or body language;
●
Physical contact or touching of a sexual nature;
●
Display, circulation or communication of any sexually suggestive, explicit,
graphic, or offensive objects, pictures or materials of any kind; and
●
Other similar types of unwelcome sexually-related or offensive conduct.
Following are examples of the types of behaviors that might constitute harassment
based on the other protected characteristics (i.e., race, color, religion, sex/gender,
national origin, age, and disability), and employees are not to engage in these types of
behaviors in any event because they are inappropriate in a workplace:
●
Epithets, slurs, negative labels or stereotyping, jokes, derogatory comments
or actions, or threatening, intimidating or hostile acts that relate to any one or
- 16 -
more of the protected characteristics mentioned above, and regardless of
whether oral or written or exhibited in any other manner;
●
Written or graphic material that denigrates or shows hostility or aversion
toward an individual or group because of any of the protected characteristics
mentioned above, and that is placed on walls, bulletin boards, computer
screens, or elsewhere on Company premises or that is circulated or
displayed in any manner.
●
Other similar types of offensive or discriminatory conduct.
If any employee feels in good faith that he/she has been subjected to harassment by a
co-worker, supervisor, manager, officer or non-employee (including vendors, customers,
and visitors), the employee has an obligation to take reasonable steps to ensure that
the situation is addressed. This includes: (a) promptly and politely confronting the
harasser, making it clear that the harassment is unwelcome, and asking that it stop;
and/or (b) immediately reporting the harassment to one of the following individuals:
1.
Employee’s immediate supervisor; or
2.
Any member of management in the employee’s department or facility; or
3.
The Human Resources Manager.
If a situation that might involve harassment comes to the attention of any supervisor or
member of management by any means (reported to him/her, observed by him/her, or
learned of through another individual), the supervisor or manager is to immediately
report the matter to the Human Resources Manager or the General Manager. Failure of
a supervisor or manager to immediately report the matter as provided in this paragraph
will be grounds for disciplinary action, up to and including termination.
Such complaints will be promptly addressed (including an adequate investigation if
necessary) and appropriate action taken if warranted. Confidentiality will be maintained
to the extent reasonably possible under the circumstances. If the Company believes
that a violation of this policy may have occurred, or that the behavior in question was
inappropriate for any reason, or that the conduct was inconsistent with the spirit and
intent of this policy, then it will take appropriate action, which may include disciplinary
action, up to and including termination.
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DISABILITY ACCOMMODATION
Earp Distribution will make reasonable accommodation of the impairments of qualified
individuals with disabilities to the extent required by law, unless undue hardship to the
Company would result.
If any employee believes in good faith that he/she needs a reasonable accommodation
because of a disability, he/she must contact the Human Resources Manager and
request an accommodation. Requests for accommodations are not to be made directly
to any supervisor or manager. If any supervisor or manager receives what he/she
believes may be a request for an accommodation, he/she should contact or refer the
employee to the Human Resources Manager.
The Company is committed to participating in an interactive accommodation process
with any employee who requests an accommodation. The employee will normally be
required to meet with the Human Resources Manager to discuss the need for
accommodation and to complete a request for accommodation form. This form includes
information regarding the nature of the disability, how it affects the employee’s ability to
perform all essential job duties, information regarding medical treatment of the disability
or impairment, information regarding the health care provider who has provided such
treatment, the employee’s suggestions for reasonable accommodation, and other
relevant information.
The Company may contact an applicant’s or employee’s health care provider or other
third parties (such as rehabilitation counselors) to verify the existence of the disability or
impairment; obtain relevant medical information and/or records, and suggestions for
accommodation. The individual requesting an accommodation is expected to fully
cooperate in the process.
Requests for accommodation will be processed as quickly as reasonably practicable
under the circumstances. Any employee who requests an accommodation is required
to fully cooperate in the process, including providing relevant information and providing
any required HIPAA consent in order for the Company to contact and obtain information
from the employee’s health care provider. If the employee fails or refuses to provide
any needed HIPAA consent, the Company will terminate its processing of the
employee’s request for accommodation and the employee will be expected to fully
perform all essential functions of his/her job without accommodation. If the employee is
unable to perform all essential job functions, he/she may be subject to disciplinary or
performance-related actions, up to and including termination.
While a request for accommodation is being processed, an employee may be placed on
paid or unpaid leave of absence, assigned to a different job, or provided with light or
modified duty, as determined by the Company. An employee’s base rate of pay will not
normally be changed while the employee’s request for accommodation is being
processed.
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Although it is not possible to make a comprehensive list of all possible accommodations
that might be reasonable, the following are among the accommodations that might be
reasonable (depending on the circumstances): modifications to the work environment,
modifications to the methods by which a job is performed, providing special equipment
or devices to perform a job, reassignment to an open job for which an employee is
qualified and for which the employee can perform the essential job duties, providing a
part-time or modified work schedule for a reasonable but temporary period of time,
and/or placing an employee on short-term leave of absence.
Employees should understand that not all possible accommodations are reasonable in
nature. For example, an employer is not required to lower its performance or behavior
standards or expectations, eliminate essential job duties, bump another employee from
a job, maintain an employee’s compensation rate if the employee is placed in a lower
job, promote an employee, or permit unscheduled (or erratic, unpredictable, intermittent)
non-FMLA absences or tardiness as a reasonable accommodation. In addition, working
from home, obtaining regular assistance from another employee to perform essential
job duties, and eliminating certain duties in a job rotation are generally not reasonable
accommodations except in extraordinary circumstances.
The ability of an employee to perform essential duties with the use of mitigating
measures or devices (such as medication or special equipment) may be taken into
account in determining if an accommodation is needed or reasonable. For example, if
an employee can control impairment with medication or assistive devices and thereby
perform essential job duties, no reasonable accommodation would normally be needed
or reasonable.
The Company will determine if a reasonable accommodation is available. If more than
one reasonable accommodation is available, the Company may take into account the
employee’s preference of accommodation, but the Company has the right to make the
final selection of the accommodation to offer to the employee. Any employee has the
right to refuse any accommodation that is offered by the Company under this policy. If a
reasonable accommodation is offered and rejected, the employee will be expected to
fully perform all essential functions of the job without accommodation and may be
subject to disciplinary and/or performance-related actions, up to and including
termination, if the employee is not able to perform all essential functions in a manner
acceptable to the Company and as expected from other employees who hold the same
job.
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HOW WE WORK
Introductory Period
The first 90 days of employment shall be considered an introductory period for all
new personnel. During this period, your performance will be monitored closely. If you or
the Company concludes that a wrong decision was made when you came to work for Earp
Distribution, your employment may be terminated.
Those passing the introductory period will be considered regular employees, and will be
eligible for many of the benefits set forth in this booklet. However, passing the introductory
period does not guarantee that your employment will be continued indefinitely. Upon
successful completion of the introductory period, you or the Company may still terminate
your employment at any time for any reason.
Hours of Work
The normal work schedule varies and hours are posted for transportation, maintenance,
and distribution center employees.
Transportation personnel's work days and hours vary with each person and are
determined on an individual basis.
Administration personnel's work days may vary and will be determined on the basis of job
function.
Attendance and Punctuality
Each of us has been employed to fulfill a specific assignment in the distribution center,
maintenance facility, or transportation section. Any absence creates the necessity to
transfer workloads to others. For this reason, it is essential for each of us to be regular in
attendance, at our work assignment and ready to begin promptly at starting time. It is
expected that everyone will continue to work until quitting time. Regular and reliable
attendance is an essential job function.
If you must be absent, you should notify your supervisor as far in advance as possible so
that they can arrange workloads. If you are detained at home by illness or some other
unexpected emergency, it is your responsibility to notify your supervisor by telephone,
giving the cause of your absence and, if possible, the time of your return.
Warehouse and maintenance shop personnel are expected to call at least 2 hours ahead
of shift start time in the event of an illness, or inability to work for whatever reason.
Drivers are expected to arrive at work prior to their departure time, leaving enough time to
perform a comprehensive pre-trip inspection so they can pull out of the gate on their route
at their scheduled departure time. Transportation personnel are expected to call at least 6
hours ahead of departure time in the event of an illness, or inability to work for whatever
reason. With the exception of the first stop on the delivery schedule, provided the delivery
will be made on time, each driver must phone ahead to each restaurant to indicate the
- 20 -
approximate arrival time even if running on schedule.
1.
Chronic Absenteeism
"Chronic absenteeism" occurs when an employee has four occurrences of absence
during any 12-month period, voluntarily or involuntarily (excluding pre-approved and
scheduled paid vacation, holiday time, pre-approved and scheduled paid personal days,
Workers' Compensation leave, jury duty, approved funeral leave, approved FMLA/family
and medical leave or approved Non-FMLA leave for which an employee has complied with
all leave requirements).
For the purposes of this policy, a year means a rolling 12-month period, measured
backward from each occurrence. Also for purposes of this policy, absence from work
for more than 2 hours (e.g., arriving late by more than 2 hours, leaving early by more than
2 hours, or an absence in the middle of the work day for more than 2 work hours will be
treated as an “absence” rather than as tardiness.
Action for Improvement in Absenteeism: The following measures will be taken in order
to improve an employee's attendance.
a.
Should an employee have four occurrences of absenteeism during any 12month period, the appropriate supervisor will meet and discuss with the
employee the negative impact poor attendance can have on his/her fellow
workers and the Company.
b.
Should an employee have five occurrences of absenteeism during any 12month period, a written warning from the appropriate supervisor will be
issued.
c.
Should an employee have six occurrences of absenteeism during any 12month period, the department manager and the appropriate supervisor will
meet with the employee and issue a final written warning.
d.
Should an employee have seven occurrences of absenteeism during any
12-month period, that person's employment with the company will be
terminated.
Each day of absence is normally equal to one occurrence. However, consecutive
days of absence due to the same illness, up to a maximum of five consecutive work days
of absence, will only be counted as one occurrence if the following requirement is met. If
an absence is more than one day, satisfactory medical evidence from a doctor will be
required to avoid an additional occurrence being charged for additional absences running
consecutively. For example: If you miss work for 3 days, it will be counted as 3
occurrences. If you provide medical evidence from a doctor, you will only be
charged with one occurrence. If you will be absent for more than five (5) consecutive
work days, you must apply for and be approved for a Non-FMLA leave of absence;
otherwise, each day of absence will count as one occurrence.
- 21 -
2.
Chronic Lateness
"Chronic lateness" occurs when the employee has four occurrences, during any 12-month
period, of failing to report at the specified starting time of a scheduled shift or scheduled
departure time, or leaving work early prior to the end of a scheduled shift, or failing to work
his/her entire scheduled shift (excluding pre-approved and scheduled paid vacation,
holiday time, pre-approved and scheduled paid personal days, Workers' Compensation
leave, jury duty, approved funeral leave, and approved FMLA/family and medical leave or
approved Non-FMLA leave for which an employee has complied with all leave
requirements).
In other words, if an employee works part of a work day, but not all of it, the time not
worked will count as one occurrence. However, if an employee works part of a scheduled
work day and is absent for more than 2 work hours, it will count as an occurrence of
“absenteeism” rather than “lateness.” For the purposes of this policy, a year means a
rolling 12-month period, measured backward from each occurrence.
Action for Improvement in Lateness: The following measures will be taken in order to
improve an employee's on-time performance.
a.
Should an employee have four occurrences of lateness, the appropriate
supervisor will meet and discuss with the employee the negative impact to
his/her fellow workers and the Company.
b. Should an employee have five occurrences of lateness, written notification
from the appropriate supervisor will be received indicating the extreme
seriousness of the chronic lateness.
c.
Should an employee have six occurrences of lateness, the individual's
situation will be reviewed by the appropriate supervisor and management to
determine whether the employee should be suspended or terminated.
- 22 -
3.
Failure to Notify Supervisor of Inability to Report to Work
One work day absent without notifying your supervisor and/or without explanation
acceptable to the Company is considered as a voluntary resignation
If you are unable to report for work, you should notify your supervisor as far in advance as
possible.
Warehouse and maintenance shop personnel are expected to call at least 2 hours ahead
of shift start time in the event of an illness, or inability to work for whatever reason.
Transportation personnel are expected to call at least 6 hours ahead of departure time in
the event of an illness, or inability to work for whatever reason.
Overall Record of Attendance and Punctuality
The above provisions are guidelines and are intended to apply to employees who
occasionally have an attendance or punctuality problem. In most cases, we believe that
an employee who faces disciplinary action for a chronic absenteeism or tardiness
problem will correct his/her behavior going forward.
If an employee has an overall pattern of chronic absenteeism or chronic lateness or
combined chronic absenteeism and lateness (e.g., from year to year) and cannot
sustain an acceptable level of attendance and/or punctuality over time without repeated
disciplinary action, it may rise to the level of an “excessive” attendance and punctuality
problem. In addition, an employee may engage in a pattern of behavior suggesting that
the employee may be misusing time off and/or manipulating our attendance and
punctuality policy.
Therefore, the Company reserves the right, in its sole discretion, to terminate an
employee’s employment at any time for excessive absenteeism, a pattern of unreliable
attendance, and/or misuse/manipulation of time off policies. Employees need to realize
that employment is “at will” and can be terminated at any time, by either party,
regardless of the guidelines set out in this policy.
- 23 -
ACCESS CONTROL POLICY
Purpose
The purpose of the Access Control Policy is to establish the rules for the granting,
control, monitoring, and removal of physical access to Earp Distribution facilities.
This policy may change at anytime to reflect new requirements pertinent to the safety of
employees and property.
Employees

All employees are required to have their electronic picture ID cards on their
person while on Earp Distribution’s premises. Each employee is expected to
scan their card when entering through the front, side or dispatch entrance.

Each department must determine the most effective and safest method of
displaying the ID cards.

If the employee does not have their electronic picture ID card when entering the
building area, they must sign the visitor registration book and get a temporary
card. Upon completion of the work day, the employee is required to return the
temporary card and sign out of the visitor registration book.

Access cards may not be shared, borrowed or loaned.

If the card is lost or stolen, it is the employee’s responsibility to report it
immediately to their supervisor. The supervisor is responsible for reporting it to
the security system administrator.

If the employee requires a replacement card for a lost card, they will be required
to pay a $5.00 replacement fee. Excessive loss of cards may result in
disciplinary action.

The electronic ID card will be deactivated immediately upon termination of
employment and the card must be returned to the immediate supervisor or
security system administrator.
- 24 -
Visitors

A visitor is defined as a person who does not currently have a permanent
electronic picture ID card. This includes, but is not limited to, outside drivers
McDonald’s and Chipotle or other restaurants, shop visitors, vendors,
McDonald’s and Chipotle employees, temporary employees.


All visitors must show a government issued Identification Card and sign in and
receive a visitor badge that must be displayed at all times while on the premises.
Visitors must sign out and return the visitor badge when leaving.

All Visitors must comply will all security policies while at Earp Distribution.

Visitors will not be allowed access to restricted areas of the building.

The Earp employee whom the visitor is meeting with is responsible for ensuring
that the visitor complies with all security and other Earp policies.
Camera system

Earp Distribution monitors and records activity on the Earp Distribution premises.
This activity may be used for reviewing breaches to the stated security policy and
action may be taken based on the recorded activity.
Breach of Access Control Policy

A violation of any of these policies will result in disciplinary action as outlined
below:
o 1st violation: Verbal written warning
o 2nd violation: Written warning
o 3rd violation: Immediate termination
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INTERNET USE POLICY
The goals of this policy are to outline appropriate and inappropriate use of Earp’s
Internet resources, including the World Wide Web, electronic mail, the intranet, FTP (file
transfer protocol), and USENET. Your account provides you with access to networks
around the world through these services. Use of these services is subject to the
following conditions.
Your Account
Internet access at Earp Distribution is controlled through individual accounts and
passwords. Department managers are responsible for defining appropriate Internet
access levels for the persons in their department and conveying that information to the
network administrator.
Each user of or those with access to the Earp system is required to read the Internet
policy and sign an Internet use agreement prior to receiving an Internet access account
and password.
All e-mail and internet access is company property and should not be considered as
personal or private in nature. Periodic monitoring will be in place and the company may
at anytime randomly or specifically review usage by any individual for using the internet
in any way that does not comply with company policies or intent.
Appropriate Use
Individuals at Earp Distribution are encouraged to use the Internet to further the goals
and objectives of Earp Distribution. The types of activities that are encouraged include:
1. Communicating with fellow employees, business partners of Earp Distribution,
and customers within the context of an individual’s assigned responsibilities.
2. Acquiring or sharing information necessary or related to the performance of an
individual’s assigned responsibilities.
3. Participating in educational or professional development activities that are job
related and has been approved by your supervisor.
Inappropriate Use
Individual Internet use will not interfere with others’ use of the Internet. Users will not
violate the network policies of any network accessed through their account. Internet use
at Earp Distribution will comply with all Federal and State laws, all Earp policies, and all
Earp Distribution contracts. This includes, but is not limited to, the following:
- 26 -
1. The Internet may not be used for illegal or unlawful or inappropriate purposes,
including, but not limited to, copyright infringement, obscenity, pornography,
immoral activities, libel, slander, fraud, defamation, plagiarism, harassment,
intimidation, forgery, impersonation, illegal gambling, soliciting for illegal pyramid
schemes, and computer tampering (e.g. spreading computer viruses).
2. The Internet may not be used in any way that violates Earp Distribution’s policies,
rules, or administrative orders. Use of the Internet in a manner that is not
consistent with the mission of Earp Distribution, misrepresents or violates any
Earp Distribution policy is strictly prohibited.
3. Earp prohibits use of the Internet for mass unsolicited mailings, access for nonemployees to Earp resources or network facilities, competitive commercial
activity or the dissemination of chain letters.
4. Individuals may not view, copy, alter, or destroy data, software, documentation,
or data communications belonging to Earp or another individual without
authorized permission.
5. In the interest of maintaining network performance, users should not send
unreasonably large electronic mail attachments.
Security
For security purposes, users may not share account or password information with
another person. Internet accounts are to be used only by the assigned user of the
account for authorized purposes. Attempting to obtain another user’s account password
is strictly prohibited. Users are required to obtain a new password if they have reason
to believe that any unauthorized person has learned their password. Users are required
to take all necessary precautions to prevent unauthorized access to Internet services
provided by Earp Distribution.
Failure to Comply
Violations of this policy will be treated like other allegations of wrongdoing at Earp.
Allegations of misconduct will be adjudicated according to established procedures.
Sanctions for inappropriate use of the Internet may include, but are not limited to, one or
more of the following:
1. Temporary or permanent revocation of access to some or all computing and
networking resources and facilities;
2. Disciplinary action up to and including termination.
3. Legal action according to applicable laws and contractual agreements;
- 27 -
Monitoring and Filtering
No employee should have any expectation of privacy regarding his or her use of
Earp computers, systems, email, software and hardware, and Internet access.
Earp Distribution members of management may randomly or specifically monitor
and/or review any Internet activity occurring on Earp equipment or accounts. This
includes any e-mail and other Internet activities that take place on Earp
Distribution equipment or through usage of Earp Distribution’s network access.
Earp currently does employ filtering software to limit access to sites on the
Internet. If Earp discovers activities, which do not comply with applicable law or
departmental policy, records retrieved may be used to document the wrongful
content or usage that is inconsistent with the policies described in this
document.
Disclaimer
Earp Distribution assumes no liability for any direct or indirect damages arising from the
user’s connection to the Internet. Earp is not responsible for the accuracy of information
found on the Internet and only facilitates the accessing and dissemination of information
through its systems. Users are solely responsible for any material that they access and
disseminate through the Internet.
We encourage you to use your Internet access responsibly. Should you have any
questions regarding this Internet Acceptable Use Policy, feel free to contact Steve
Hewlett for clarification.
- 28 -
TIME AND ATTENDANCE RECORD KEEPING
The Federal Wage and Hour Law requires employers to keep accurate records of the
hours worked by their employees. It is a big job to keep track of the hours worked each
day by each employee; therefore, time clocks are used in the distribution center,
maintenance shop, and office to make it easier to comply with the law. They also help
insure that you receive your proper pay.

Clock in no earlier than 6 minutes before the start of the shift, unless pre-shift
overtime has been authorized in advance, and

Clock out no later than 6 minutes after the end of the shift, unless post-shift
overtime has been authorized in advance.
Regardless of when you clock in or out, you will only be paid for time worked between your
scheduled start time and scheduled stop time, unless overtime has been authorized in
advance.
YOU MUST...

Clock in if you arrive late for work or if you are returning to work after being away
from the Company premises.

Clock out if you leave Company premises any time before the end of the shift.
If for any reason the time clock does not work properly, you should notify your supervisor
at once. Your supervisor will make arrangements for your time and attendance to be
recorded and for the time clock to be adjusted.
SALARY ADMINISTRATION
For the purpose of salary administration, we use the following guidelines or rules. We are
on a seven day work week. Our week starts on a Saturday and ends on Friday. Payday
is scheduled for every other Thursday following the end of the work week on the second
Friday.
We operate our business under interstate commerce rules and pay time and one-half after
40 hours worked in a work week for distribution center personnel, administrative
personnel, maintenance personnel, and "city" or hourly drivers.
We are required by law to deduct from your pay Federal and State Income Tax, Social
Security tax, and Medicare tax. We also deduct the Kansas City, Missouri local tax for
those employees who live in the city. Any other deductions, (such as 401(k) programs or
benefit premiums) must be authorized by you in writing.
We do not hold back the first week's paycheck.
- 29 -
Overtime
At times, production requirements will make it necessary for some overtime work.
Whenever overtime is required and you are needed to work, your supervisor will notify you
as far in advance as possible. No warehouse or admin associate will be required to work
more than 14 hours per day or 60 hours per scheduled work week. Drivers will follow DOT
guidelines. It is very important to the continued success of our business that you realize
that we must consistently fill and deliver our customers' orders which, in turn, may require
overtime.
Anti-Docking of Exempt Salary
Some employees are paid on a salaried basis and do not receive additional pay for
working more than 40 hours per week. These employees are commonly referred to as
“exempt.” For these exempt employees, the Company will not make any deductions
from salary for any weeks in which the employee works, except as expressly permitted
by applicable law. For example, the Company will not make any deductions for
absences of less than one day (except as permitted for Family and Medical Leave).
In addition, and except as otherwise permitted by law, the Company will make
deductions for absences of one or more full days only where
(1) The employee is absent for personal reasons not related to sickness or disability;
(2) The employee is absent due to sickness or disability and has no available paid sick
time;
(3) The absence is related to a disciplinary suspension; or
(4) The employee works less than a full week in his/her first or last week of
employment.
Any exempt employee who believes that improper salary deductions have been made
should immediately contact the Human Resources Department.
Gifts and Awards
Gifts and/or awards issued by the company may be recorded as part of your
taxable income if designated by the Internal Revenue Service.
We ask that you advise the payroll department of any changes in name, marital
status, address, telephone or dependents for tax purposes and to keep our records
as accurate as possible.
Updates can be requested online at
www.Paycor.com/HR&Benefits/Myself or via a Blank form available upon request
from Sharon.
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CONDUCT AND DRESS
To outsiders, you represent Earp Distribution, a proud member of the McDonald's family.
You are part of the image others have of our Company. Remember, many of the people
visiting our distribution center are employees and/or owners/operators of the McDonald's
and Chipotle restaurants we serve. They represent a big factor in the success of our
business. Your personal neatness and grooming, appropriate dress and conduct,
courteous manner in which you conduct business, and the cleanliness and orderliness of
your work area will greatly influence their opinion of our Company.
Each person will, with the exception of administrative personnel, wear Company provided
uniforms whenever reporting for duty. Dress for administrative personnel will be business
casual and must be neat in appearance. In order for the Company to have a more
professional atmosphere between ourselves and to visiting guests, the following is a guide
to appropriate business casual attire.
A good rule of thumb when selecting attire to comply with the Earp Distribution policy is
to wear clothing that is comfortable, and also looks neat and professional. In general,
Earp Distribution’s business casual standards are higher than a typical casual Friday
policy. For example, jeans are not allowed except when designated by
Management.
Any questions or concerns about the policy should be directed to your department head.
The following examples provide tips for selecting appropriate business casual attire.
These tips are not all-inclusive and are designed to provide you with a sense of the type
of business casual attire that projects and maintains a positive, professional corporate
image.

Aim for a classic and understated look. Select clothing that is comfortable, yet
communicates a professional attitude.

Business Casual does not mean weekend casual — or sloppy. Obviously,
clothing should be clean, and without holes or fraying. Faded or worn clothing is
never appropriate.

Keep the focus on the quality of your work, not on your attire. Leave at home
anything you might wear to the beach, the gym, a picnic or after hours.

Shoes matter. Open toe and/or open heel professional sandals are allowed;
however, flip-flops should be left at the beach. Tennis and athletic shoes are not
appropriate for the office.

When in doubt, leave it out. Business casual clothing should make you and
everyone you work with feel more comfortable. If you are unsure about a
particular clothing item, check with your manager or err on the side of being more
formal. If in doubt, ask yourself, "Am I successfully representing myself and Earp
Distribution?"
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The following items are never appropriate for Business Casual:



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Tank tops, halter-tops, midriff top
T-shirts, sweatshirts
Leggings, sweat pants, shorts, mini skirts
Flip Flop sandals/beachwear shoes
This policy is to be in effect during “regular” office hours, Monday thru Friday,
7:00am – 5:00 pm. The key to success of this Policy is each individual's
continued common sense about what attire is appropriate for the office.
Violations of this policy will result in the following steps:
1. First offense, a verbal warning.
2. Second, employee will be sent home to dress appropriately and will receive a
written warning. This time will be unpaid and cannot be substituted with personal,
sick or vacation time.
3. Third, final written warning and potential suspension of one day.
4. The fourth violation will result in termination.
All employees are expected to maintain an appropriate, business-like appearance that is
neat and clean, does not create a safety or sanitary hazard, is consistent with
community standards, is not offensive to customers and does not create the possibility of
an unfavorable impact on the business. Hair must be appropriately secured or tied back if
it would create a safety hazard. Any mustache or beard must be kept clean and neatly
trimmed, or the employee should be clean shaven upon arrival for his shift.
The visual impact of one’s appearance cannot be minimized in the eye of the beholder.
Your professional appearance carries over into the professionalism you feel for your
position here at Earp Distribution, something we hope we all take pride in and are serious
about.
During periods of travel for business we would also expect that you adhere to this policy,
as you are always a representative of Earp Distribution and the McDonald’s family.
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UNIFORMS
Earp Distribution provides uniforms for personnel in the Distribution Center, Transportation
and Maintenance Departments. See your department manager for care and upkeep
instructions for all Company uniforms provided by the Company.
It is required that all personnel provided with work clothes will report for duty properly
dressed. Failure to do so may prevent you from starting to work at the appointed time.
The Company will have no financial obligation to pay for work missed because of a failure
to properly dress in uniform.
Although recommended, we do not require that Distribution Center, Maintenance, and
Transportation personnel wear steel-toe safety shoes while working. The Company does
require wearing an approved work shoe. This excludes athletic shoes and cowboy boots.
The Company pays a portion of this expense as long as the shoes are purchased from the
approved supplier. The Company limits Company contributions to purchasing work shoes
or boots to no more than one pair per year.
TELEPHONE USE
Telephones in our distribution center and office should be limited to business use.
Personal calls should be limited so they don’t interfere with your job performance.
Unauthorized use of phones or credit cards for long distance personal calls will not be
tolerated under any circumstances.
LUNCH TIME AND BREAKS
Time is provided for distribution center, maintenance, and administrative employees to
enjoy lunch on or off the premises. You are also allowed time for mid-morning and midafternoon breaks. Distribution center personnel (warehouse) and maintenance are
allowed forty-five minutes (unpaid) for lunch and 2 - ten minute (paid) breaks.
Administrative personnel are allowed 30 minutes (unpaid) for lunch breaks and 2 ten minute (paid) breaks.
Transportation personnel will use their own discretion for meals and breaks with proper
allowance for safety and schedules. Meals and breaks should be scheduled so they do
not interfere with customer service.
Since lunch breaks are unpaid, an employee is not permitted to perform any work
during a meal period. Therefore, any non-exempt employee (that is, an employee
who must be paid overtime when overtime is worked) is not permitted to take lunch
breaks at his/her desk.
All employees are expected to clock in and out for scheduled lunch breaks.
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COMPANY VEHICLES
Those employees in positions requiring Company vehicles will be expected to exercise
good judgment at all times in the operation of those vehicles. Good judgment means
observance and compliance with all local and state laws and strict adherence to the rules
and regulations of the Department of Transportation.
Non-employee passengers are not allowed in Company Tractors without the
express approval of the Transportation Manager. No one except Company approved
drivers may operate Company vehicles at any time.
All vehicles should be kept clean.
Smoking is not allowed in the trailers or company car.
Unsafe or illegal use of cell phones while operating company vehicles is prohibited.
A Drivers’ Handbook will be standard issue for all Class A CDL drivers employed by Earp
Distribution. This handbook is available in the Dispatch Office, or with the Safety Director,
SENIORITY
The Company endeavors to recognize seniority when appropriate and if all other things
including skill, ability, reliability, performance, and other relevant factors are equal, we will
try to accommodate the interest of the employee with the longest service.
- 34 -
STATEMENT OF POLICY ON DRUG AND ALCOHOL ABUSE
The safety and well-being of our employees, as well as the public, requires that all of our
personnel perform their duties free of the effects of drugs and alcohol.
A drug-free workplace is especially important in the fast food industry because of our
responsibility to serve the public safely and without interruption. An employee who uses
controlled substances and/or abuses alcohol represents a hazard to himself, his fellow
workers, and in the case of drivers, to the public.
In order to ensure a safe, efficient and drug-free and alcohol-free workplace and to comply
with federal requirements, the following policy has been adopted and will apply to all
individuals hereafter applying for positions with Earp Distribution as well as all incumbent
employees.
Use Prohibited
No employee shall use any Schedule 1 drug included in the Schedule of Controlled
Substances of the Drug Enforcement Agency or any narcotic or habit-forming drug except
as permitted by Federal Motor Carrier Safety Regulations.
The schedule of controlled substances includes the following drugs and classes of drugs:
opiates and opium derivatives such as heroin, cocaine, stimulants, depressants, marijuana
or THC, and hallucinogenic substances. No employee may use any of these drugs
whether on duty or off duty. Any violation of this policy will result in disciplinary action
which may include discharge.
Impairment Prohibited
No employee will report for duty, work or drive while impaired by the use of or under the
influence of any drug, controlled substance or alcohol. An employee may use a drug or
controlled substance if it has been prescribed or administered by a physician, if it is used
in accordance with the prescribed instructions for its use, and if the physician has advised
the employee that the drug or substance will not affect the employee's ability to safely work
or operate a motor vehicle. The term "impairment" means to be under the influence
of a drug, controlled substance or alcohol or means that the employee's motor
senses (sight, hearing, balance, reflex or reaction) are adversely affected or may be
presumed to be so affected. Any violation of this policy will result in summary discipline
which may include discharge.
An employee will also be deemed to be impaired if he operates a Company motor vehicle
at any time while his blood alcohol level is in excess of that prescribed by any applicable
federal, state or local statute, ordinance or regulation.
- 35 -
Possession, Sale and Transfer Prohibited
No employee at any work site will possess any quantity of any drug, controlled substance
or alcohol, lawful or unlawful, with the exception of substances prescribed by a licensed
physician and properly used. No employee shall sell or transfer, or attempt to sell or
transfer, to any other person any drug or controlled substance at any work site. The term
"work site" means any motor vehicle, office, building, terminal, yard, parking lot, or other
property owned or operated by the Company, or any other location at which the employee
is to perform work. The term "possess" means to have on or be in the possession of the
employee, the employee's motor vehicle, personal effects or areas trusted substantially to
the control of the employee. The term "sell or transfer" means to deliver to any person for
consideration, for free, or for any other reason. Any violation of this policy will result in
discipline which may include discharge.
Drug, Controlled Substance and Alcohol Screening
In order to ensure a drug-free and alcohol-free environment and to comply with federal
regulations, all employees and applicants for employment will be subject to postconditional offer screening for the use of drugs, controlled substances and alcohol. The
term "screening" means the testing of urine, blood, hair, and/or any other bodily fluid for
evidence of the use of drugs, controlled substances or alcohol.
Any applicant for employment by the Company will be subject to post-conditional offer
screening during the employment screening process. Refusal of the applicant to submit to
such screening will cause the applicant to be found not qualified and the applicant will not
be hired.
Any incumbent employees will also be subject to drug, controlled substance and alcohol
screening as follows:
Random Testing: All employees, including management, will be subject to
unannounced drug and controlled substance screening and all employees covered
by DOT requirements will be subject to unannounced alcohol screening at any time
on a random basis as a condition of their continued employment.
Reasonable Suspicion Testing: When, in the Company's judgment, there is a
reasonable suspicion that any employee has reported to work or is working
impaired by or under the influence of drugs, controlled substances or alcohol, the
employee may be required to submit to screening.
Post-Accident Testing: Any employee who is involved in a significant accident
will be required to submit to screening. Example: If a fork-lift operator hits and
injures another employee, both the injured person and the fork-lift operator will be
screened. All involved personnel are required to submit to screening as soon as
possible following an accident. DOT licensed drivers are subject to submit an
alcohol screen within eight (8) hours of the occurrence of an accident. A drug
screen must be submitted in less than 72 hours from the time of the occurrence of
the accident. Non DOT drivers must submit to drug and alcohol testing within 12
hours after an accident. The term "significant accident" means an accident which
- 36 -
results in one or more of the following conditions:
1.
Death of an individual, or
2.
Injury to a person requiring medical treatment at or away from the scene of an
accident, or
3.
One or more motor vehicles incurring disabling damage as a result of the
accident, requiring the motor vehicle to be transported away from the scene by
a tow truck or other motor vehicle, or
4.
Any other accident, the cause of which cannot be reasonably explained to the
Company's satisfaction or when the circumstances suggest that drug and/or
alcohol use may have been a factor.
Periodic Testing: Drivers are required to submit to a scheduled drug, controlled
substance and alcohol screening during the course of their medical examination at
least once every two years. Other employees may be required to undergo drug
and controlled substance testing during any required physical examination.
The refusal or failure to submit to or to fully cooperate in random, reasonable suspicion,
post-accident and periodic drug, controlled substance or alcohol screening will result in
discipline which may include discharge.
Screening Results
The screening of all urine and blood samples submitted in accordance with this policy will
be performed by qualified and certified testing laboratories. The test results will be
reviewed to determine if there is evidence of the use of drugs, controlled substances or
alcohol. The test results will be treated in strict confidence. The Company's Medical
Review Officer will be the sole custodian of the individual test results. The Medical Review
Officer, in turn, will normally advise the Company only whether the test results were
positive (indicative of the presence of drugs, controlled substances or alcohol) or negative,
but may provide the Company with such additional information as may be permitted by
law. No test results will normally be released to any other party without the written
authorization of the employee who was screened, except for good reason and unless
applicable law permits or does not prohibit such disclosure. The test results will be used to
determine whether an employee is qualified to work. A positive test will be a presumption
that the employee has been working under the influence, is currently using a substance
prohibited by this policy and has impaired performance as a result of such substance use.
A negative test will be among the factors taken into consideration in determining if
disciplinary action (including discharge) is appropriate. A negative test does not preclude
disciplinary action or discharge.
- 37 -
Employee Assistance Program
Earp Distribution has contracted with Aetna Resources For Living to provide 24 Hour
confidential employee assistance on a variety of subjects, including drug and alcohol
abuse. They can be contacted toll-free at 800-221-0945; or via the web at
www.mylifevalues.com. The user id is Earp Distribution; and password is eap. Employees
who seek assistance through the Employee Assistance Program will not be disciplined for
doing so. However, it is the employee's responsibility to seek assistance before becoming
subject to discipline for a violation of the drug and alcohol abuse policy or random testing
or after an accident resulting in injury or property damage to themselves or others.
Any employee who voluntarily admits a problem and requests assistance with a drug or
alcohol rehabilitation program prior to the Company identifying a drug or alcohol problem
on the job may apply for a leave of absence and will normally be granted a reasonable
leave of absence to participate in such a program. Such leave of absence will be available
to an employee only one time and will be conditioned upon the employee's full compliance
with the terms of the rehabilitation program. No disciplinary action will be taken when the
employee comes forward prior to the Company identifying a drug or alcohol problem on
the job.
Thanks to everyone here, we have achieved a drug-free and alcohol-free workplace. We
would like to keep it that way.
Searches
The Company may, without advance notice and without reasonable suspicion, conduct
reasonable searches at any time for illegal drugs or alcohol on/in Company property and
vehicles, including work stations, desks and lockers. If reasonable suspicion exists that an
employee is or may be in violation of this policy, the Company also reserves the right to
conduct reasonable searches of employees' personal property, including lunchboxes,
bags, purses, toolboxes, briefcases, vehicles and other personal property. Employees are
expected to fully cooperate in such searches.
- 38 -
DECLARATION OF COMPANY POLICY ON SAFETY
Employees of Earp Distribution have the right to expect a well maintained place to work,
free from recognized hazards. Earp Distribution is committed to maintaining and
improving our strong safety culture and loss control program so that it serves as an
example of excellence for others to follow. All employees are expected to adhere to
prescribed safe work practices and to abide by all loss control guidelines issued by the
Company.
To be successful, our program must include the proper attitudes toward injury and
property damage on the part of all employees, supervisors, and top management of this
Company. It also requires cooperation in all safety matters, not only between supervision
and employees, but also between each employee and his or her fellow workers. Only
through such a cooperative effort can a successful safety culture and program be
preserved and improved upon.
Violation of company safety standards may result in disciplinary action such as a citation,
suspension or termination.
PRODUCT SAFETY AND QUALITY
Earp Distribution believes in the highest of quality and food Safety standards.
Together, McDonald’s, Chipotle and Earp Distribution believe that food safety and quality
are of paramount importance. From the time we receive all food products in our
warehouse, during storage, and on to the delivery of the products into the restaurants we
service, Earp Distribution follows the McDonald’s Distributor Quality Management
Process, (D.Q.M.P.) and Good Manufacturing Practices (G.M.P.s).
All of these programs can be found in greater detail by consulting with the Company’s
Safety Director.
SMOKING
Smoking and Tobacco Use will not be permitted inside Company buildings, in the trailers,
or on Company property.
Smoking should be limited to private vehicles,
and scheduled break periods.
- 39 -
EMPLOYEE BENEFITS
Regular, full-time employees (those scheduled to work at least 40 hours per week) are
eligible for employer-paid benefits, and to elect voluntary employee-paid benefits,
generally on the first day of the month following 60 days of employment. The benefits
available other than after 60 days are noted as such. Following are brief descriptions of
the benefits available. More detailed information regarding price and actual coverage can
be found in Earp Distribution’s Employee Benefit Guide. In the case where any
discrepancy is found between the following descriptions and plan documents, the plan
document language prevails.
SECTION 125
Section 125 of the Internal Revenue Code has authorized the establishment of an
employer plan which permits participants to choose between cash and non-taxable
benefits. Earp Distribution has established this type of plan for deducting premiums for
employee contributory benefits. This means that any qualified benefit elected by the
employee that requires the employee to pay a portion of the premiums will be deducted
from the employee’s pay on a pre-tax basis.
HEALTH & DENTAL BENEFITS PROGRAM
Coverage is effective the first day of the month after 60 days of employment. For
example, a new employee with a hire date of July 14 would fulfill the 60 day service
requirement on September 12th; the effective date of the insurance would be October 1.
Employees electing employee only, employee plus one or employee plus family
coverage are asked to pay a small portion of the total cost. The employee’s portion of
the cost will be deducted from each two-week (bi-weekly) paycheck. See the latest
Earp Distribution Employee Benefit Guide for up-to-date coverage costs. .
Medical provided by Blue Cross and Blue Shield of Kansas City:
Blue Care (HMO)
Preferred Care Blue (PPO)
Comprehensive Dental Plan provided by Delta Dental of Kansas
Delta Dental (PPO) – Utilizing the Delta PPO and Delta Premier Networks
VOLUNTARY VISION BENEFIT PROGRAM
Earp offers a full-scale vision plan through EyeMed Vision Care’s Select Network.
Coverage is effective the first day of the month after 60 days of employment. For
example, a new employee with a hire date of July 14 would fulfill the 60 day service
requirement on September 12th; the effective date of the insurance would be October 1.
- 40 -
EMPLOYEE ASSISTANCE PROGRAM (EAP)
Earp Distribution has contracted with Aetna Resource for Living to provide 24 hour
confidential services to our employees and their families. Aetna Resource for Living offers
a variety of services, including substance abuse and mental health counseling, financial
aid guidance, and legal services. Their toll-free number is 800-221-0945.
Or via the web at www.mylifevalues.com. The user id is Earp Distribution; and password is
eap. Further information is available from Human Resources. This benefit is available
immediately upon employment.
FLEXIBLE SPENDING ACCOUNT – MEDICAL
Flexible spending for medical services not covered by the medical or dental plan (co-pays,
deductibles, and co-insurance) is available annually during open enrollment assuming the
employee has completed 60 days of employment. Maximum annual election available per
plan year is $2,550. The amount you elect to contribute to the flexible spending account
will be deducted from your paycheck in equal amounts over the course of the year (on a
pre-tax basis). Due to Internal Revenue Code rules, your election generally cannot be
changed during the plan year absent certain circumstances. Any amount remaining in
your flexible spending account at the end of the plan year will be forfeited.
FLEXIBLE SPENDING ACCOUNT – DEPENDENT CARE
Flexible spending for dependent care is available annually during open enrollment
assuming the employee has completed 60 days of employment. Maximum annual
election available per plan year is $5,000 per family, or $2,500 per spouse when married &
filing separate tax returns. The dependent care must be necessary to enable you to be
gainfully employed. The amount you elect to contribute to the flexible spending account
will be deducted from your paycheck in equal amounts over the course of the year (on a
pre-tax basis). Due to Internal Revenue Code rules, your election generally cannot be
changed during the plan year absent certain circumstances. Any amount remaining in
your flexible spending account at the end of the plan year will be forfeited.
AFLAC PLANS
AFLAC indemnity plans are available for purchase on the first day of the month following
60 days of employment. At this time, employees may purchase the Cancer Protection
Plan, Personal Accident Protection, Specified Health Event Plan, Vision Protection Plan,
Hospital Protection Plan, Personal Disability Income Protector Plan, and Personal Longterm Care Plan. These are voluntary, individual policies that may be elected and paid for
with pre-tax or after-tax dollars deducted from bi-weekly payroll, with payment being
remitted to AFLAC on your behalf. If you terminate employment, this coverage is yours to
take with you and continue payments to AFLAC individually.
- 41 -
GROUP LIFE AND ACCIDENTAL DEATH & DISMEMBERMENT INSURANCE
The group life insurance coverage is provided to you by the Company. When a full time
employee becomes eligible for the Comprehensive Medical Plan after 60 days of
employment, he automatically qualifies for the life insurance coverage without a medical
exam in the amount of $25,000. Coverage for accidental death is in the same amount and
available at the same time. Conversion privileges are available for this coverage upon
termination of employment.
VOLUNTARY LIFE INSURANCE
Voluntary life insurance for yourself, your spouse and/or your children is available the first
of the month after 60 days of employment. This group term life is available through
MetLife. If you terminate employment, these policies are convertible to individual policies
that you can keep.
SHORT TERM DISABILITY
All regular full time personnel (those scheduled to work at least 38 hours per week) are
provided Short Term Disability Insurance; you will be eligible to participate on the first day
of the month following 180 days after your employment date. This program is designed to
supplement the Sick Leave program.
Short Term Disability Insurance provides benefits for employees disabled from nonoccupational sickness and injuries for a period from 15 calendar days after disability, up to
a maximum of 26 weeks after disability. The benefit is 66 ⅔% of the weekly wages with a
maximum of $500.00 per week. Benefits are paid weekly by our third party administrator
and included in your Earp Distribution W-2.
Receipt of Short Term Disability benefits does not guarantee that your job will be held for
you while you are on leave of absence. The company reserves the right to replace or
terminate you while on leave, unless otherwise prohibited by law.
VOLUNTARY IDENTITY THEFT PROTECTION
Voluntary Identity Theft Protection is offered through LifeLock. Participants can choose
from either LifeLock Standard, LifeLock Advantage, or LifeLock Ultimate Plus.
- 42 -
VACATION
Earp Distribution believes every full-time employee is entitled to and should have a period
of time away from work each year for rest and relaxation. To permit this, the Company
provides the following vacation program. As a general rule, vacation time not used within
the year available to the employee will be lost and may not be carried over to the following
year.
Vacations will be scheduled in weekly increments. A paid week of vacation will consist of
seven consecutive days beginning with the first day of scheduled work that will be missed.
Employees will be paid for normal days missed during the seven day period of the
vacation week.
All regular full time employees those scheduled to work at least 38 hours per week who
have completed one year of continuous service shall be eligible for vacation credit, as
follows:
SCHEDULE OF VACATION CREDIT
CONTINUOUS SERVICE
ANNUAL ACCRUAL OF VACATION
Completion 12 months
1 week
After 24 months
2 weeks
After 84 months
3 weeks
After 180 months
4 weeks
For example, if you were hired on June 1, 2010, you would have from June 1, 2017,
to May 31, 2018, to use your three (3) weeks of vacation.
The months of service definition means that the employee gets credit for a full month of
service if he was at work on the first working day of the month. Vacation days earned
must be taken within 12 months after they are earned.
The usual Company policy is to post and request employee preferences for vacation time by March
31 for vacations during that calendar year.
Your preference and work requirements will be considered in the scheduling of your
vacation. All scheduled vacation times must be approved by your supervisors before
posting the vacation schedule. Your supervisor will resolve conflicts in vacation
preferences, with those employees with the longest service receiving priority, in normal
circumstances.
Should you terminate or retire, you will be paid for all earned but unused vacation credit as
of the date of termination. While on an authorized leave of absence, your earned but
unused vacation credits will be used to pay you while you are absent if the leave would
otherwise be unpaid. Vacation will not accrue during unpaid absences of more than one
week, such as during disability or FMLA. For the purposes of this policy, an absence is
considered “unpaid” even if an employee receives short-term disability benefits, worker’s
compensation benefits, or any payments that are paid under a benefit or insurance policy
or otherwise required by law.
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HOLIDAYS
The Company observes the following seven paid holidays during the year:







New Year's Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
Employee's birthday
When a holiday falls on a Saturday or Sunday, the holiday will be observed on Friday or
Monday, respectively, for employees whose days off are Saturdays and Sundays. The
Company may require employees to work on holidays which are observed on a Friday or
Monday in lieu of giving the day off. The employee will observe his birthday on the actual
date of the birthday. When a birthday falls on the employee's day off, the birthday will be
observed on the next scheduled workday, with supervisor's approval.
All employees receive a normal day's straight time pay for each Company approved
holiday. In addition, distribution center personnel, administrative, maintenance and "city"
or hourly drivers who do work on a Company approved holiday shall receive time and a
half for all hours worked on a holiday (other than the employee’s birthday). Drivers on a
mileage/hourly route will be paid premium time for Company approved holidays (other
than the employee’s birthday) if they are required to work.
To qualify for holiday allowance, you must work your regularly scheduled workday
preceding and following the holiday.
Employees must complete their 90 day introductory period before receiving a paid holiday.
If a holiday or scheduled time off as a result of a holiday occurs while you are on a
scheduled vacation, you shall be entitled to a holiday allowance and the time for the
holiday shall not be charged against your vacation accrual.
You will not be entitled to holiday allowances for any holiday occurring during an unpaid
leave of absence.
You will not be entitled to holiday allowances for any holiday occurring during a paid leave
using earned sick days.
You will be entitled to holiday allowances for any holiday occurring during a paid leave
using earned vacation days.
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SICK LEAVE
Regular full-time employees (those scheduled to work at least 38 hours per week) are
eligible to participate in Earp Distribution's sick leave plan. After six (6) months of service,
regular fulltime employees begin to accrue sick leave at the rate of four (4) hours per
month, beginning on the first day of the month following completion of six months of
service. In other words, in one full 12 month year, 6 days will have been accrued.
Sick leave days are to be used only for an employee's own illness or medical emergency,
or an immediate family member’s illness or medical emergency. Sick leave will not accrue
during paid or unpaid leaves of absences of more than five consecutive work days (except
for military leaves of 30 days or less).
Three days of accrued sick leave earned during a year could be used during that year as
personal days. Please see the policy regarding Personal Days for further details.
Employees who miss a regular work day due to an illness may use up to 12 hours of
accrued sick leave if the work day missed is greater than eight (8) hours, as is the norm for
drivers. Sick leave may be used in as little as four (4) hour increments. Sick days are
paid at the employee’s straight-time base pay rate.
You may accumulate an unlimited number of sick leave credits to be used in the event of
serious illness, which is tied in with the Company’s Short Term Disability (STD) Insurance,
described earlier in the benefits section. Sick days may be used during the STD waiting
period; however, they cannot be used to supplement STD or worker’s compensation
payments to 100%.
After an employee has accumulated 240 hours of sick leave, the employee may, at his
option, elect to be paid for the number of days (up to a maximum of 6 days) in excess of
240 hours on a calendar year basis. All requests for such payment must be made in
writing in January to be considered for payment.
Our sick leave plan is similar to an insurance plan; it is available when you need it due to
illness or injury. To be eligible to receive sick pay, you must be employed and must be ill
or medically disabled, or have an illness or medical emergency in your immediate family or
be eligible for a personal day under this policy. By the same token, you will not be paid for
accrued unused sick leave when your employment ends, regardless of reason
No sick leave benefits will be allowed for absences due to misconduct, intentional selfinflicted injury, gross negligence, or absence occurring in connection with or resulting from
employment with another employer. The Company may, at its option, require a
physician's statement when considering claims for sick leave. In addition, the Company
reserves the right to require an employee to be examined by the Company's physician.
No sick leave benefits will be paid for absences the scheduled work day before or
the scheduled work day after a holiday unless accompanied by a medical statement
from the attending physician.
- 45 -
PERSONAL DAYS
An Employee may use up to three accrued Sick Days per year as Personal Days. A year
would be the twelve-month period following the person's anniversary date. Personal Days
will be recorded as excused time off and will not count against the person's attendance
record.
Following are requirements that must be met for a person to use a sick day as a personal
day.
1.
2.
3.
4.
5.
The person must have a minimum 8 hrs of earned sick time available.
The day must be requested at least seven days in advance.
The day must be approved by your immediate supervisor.
Adequate coverage must be available during your absence.
A personal day will not be allowed to extend a vacation or be taken in
conjunction with a paid holiday.
6. Personal days cannot be taken on two consecutive scheduled workdays.
Personal days are paid at the employee’s straight-time base pay rate.
FUNERAL LEAVE
Regular full-time employees (those scheduled to work at least 38 hours per week) will be
allowed paid time off away from work to attend the funeral of an immediate family.
Immediate family shall mean spouse, child, mother, father, brother, sister, mother-in-law,
father-in-law. Should a death occur in the immediate family and time is required to attend
the funeral, upon request, a regular employee who attends the funeral shall be allowed up
to three consecutive work days of leave, consisting of the day before, the day of, and the
day following the funeral, provided they fall on a regularly scheduled workday.
JURY DUTY
During a calendar year, any regular, full-time employee (those scheduled to work at least
38 hours per week) who is summoned for jury duty will be paid at his/her straight-time
base pay rate for hours served on jury duty that the employee would otherwise be
scheduled to work (up to a maximum of 8 hours per work day and a maximum of 3 work
days). To claim this benefit, you must produce a copy of your jury summons to Human
Resources and a statement from the Court identifying the days and specific hours during
each day that you served on jury duty.
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MILITARY LEAVE
Existing statutes applicable to military leave, reemployment, and other rights related to
military duty will be followed by the Company.
Should you enter the Armed Forces, either voluntarily or through the Selective Service
System, you should notify your supervisor at your earliest opportunity of your plans or
pending induction.
If you are a member of a military reserve unit or a National Guard unit and need time off to
fulfill your military obligations, you should coordinate your plans with your supervisor as far
in advance as possible. You may apply your accrued vacation to annual training or
encampment absence. If you do not wish to use your accrued vacation, you may take
time off without pay.
FMLA LEAVE OF ABSENCE
The Family and Medical Leave Act of 1993 (FMLA), as amended thereafter, requires
covered employers to provide FMLA leave to eligible employees. Following is a
summary of the leave requirements under the FMLA.
Eligibility Requirements
In order to be eligible for an FMLA leave, an employee must have worked for Earp
Distribution for at least 1 year prior to commencement of the leave, worked at least
1,250 hours during the 12 months prior to commencement of the leave, and must be
employed at a worksite where 50 or more employees are employed by the Company
within 75 miles of that site at the time notice is given of the need for leave.
Reasons for Leave
Eligible employees may take FMLA leave for the following purposes:
1.
For incapacity due to the employee’s pregnancy, prenatal medical care, or
childbirth;
2.
To care for the employee’s child after birth, or placement for adoption or foster
care;
3.
To care for the employee’s spouse, child, or parent, who has a serious health
condition;
4.
For a serious health condition that makes the employee unable to perform the
employee’s job (including conditions covered by worker’s compensation
benefits);
5.
To address certain qualifying exigencies related to a covered family member’s
(the employee’s spouse, son, daughter, or parent) active duty or call to active
duty status in a foreign country (and if the family member is in the National Guard
or Reserves and is on or called to active duty in a foreign country, the duty must
also be in support of a contingency operation); and/or
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6.
To care for a covered military servicemember (if the employee is the spouse,
parent, son, daughter, or next of kin of said servicemember) who: (a) is a current
member or veteran of the military (Armed Forces, National Guard, or Reserves);
(b) incurred a serious injury or illness (or aggravation of a pre-existing injury or
illness) in the line of duty on active duty that renders the servicemember
medically unfit to perform his or her duties or manifests itself within five years
after the individual becomes a veteran; and (c) is undergoing medical treatment,
recuperation or therapy while in the military or within five years after becoming a
veteran, or is in out-patient status while in the military, or is on the military’s
temporary disability retired list.
Definitions
All definitions of the FMLA apply, but two key definitions are:
1.
Serious Health Condition. This means an illness, injury, impairment, or physical
or mental condition that involves either an overnight stay in a medical care facility, or
continuing treatment by a health care provider for a condition that either prevents the
employee from performing the functions of the employee’s job, or prevents the qualified
family member from participating in school or other daily activities. Subject to certain
conditions, the continuing treatment requirement may be met by a period of incapacity
of more than 3 full consecutive calendar days combined with at least two in-person
visits to a health care provider (the first within 7 days and the second within 30 days of
the onset of incapacity) or one in-person visit (within 7 days of the onset of incapacity)
and a regimen of continuing treatment prescribed at that visit, or incapacity due to
pregnancy, or incapacity due to a chronic condition. Other conditions may meet the
definition of continuing treatment.
2.
Qualifying Exigency. This may include attending certain military events,
arranging for alternative childcare, addressing certain financial and legal arrangements,
attending certain counseling sessions, and attending post-deployment reintegration
briefings.
Amount of Leave
Eligible employees are entitled to a maximum of 12 weeks of unpaid FMLA leave during
a rolling 12-month period, measured backwards from each date that leave is used. If
the leave is to care for a covered military service member who incurred a serious
injury/illness in the line of duty on active duty, an eligible employee is entitled to a
maximum of 26 weeks of unpaid leave for such purpose during a single rolling forward
12-month period. During that single 12-month period, FMLA leave taken for other
reasons is also counted, and an employee may not exceed the 26-week maximum for
all FMLA leave taken regardless of the reason.
If an employee and his/her spouse both work for the Company, they are collectively
entitled to take no more than 12 weeks of leave to care for a parent with a serious
health condition and/or to care for a newborn, adopted or foster child. A leave to care
for a newborn or newly adopted or newly placed foster child must be taken during the
12-month period beginning on the date of the birth or placement, and such leave may
not be taken on an intermittent or reduced schedule basis.
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Use of Leave
An employee does not need to use FMLA leave in one block. Leave can be taken
intermittently or on a reduced leave schedule when medically necessary.
Employees must make reasonable efforts to schedule leave for planned medical
treatment so as not to unduly disrupt the employer’s operations and are to consult with
the Company’s Human Resources Manager before scheduling planned medical
treatment to discuss this issue. Leave due to qualifying exigencies may also be taken
on an intermittent basis. If an employee requests intermittent or reduced schedule
leave for planned medical treatment, the employee may be required to temporarily
transfer to an alternative position which better accommodates recurring periods of leave
than does the employee’s regular position.
Substitution of Paid Time Off Benefits for Unpaid Leave
Employees are required to use paid time off benefits while on FMLA leave (such as
vacation, and if applicable, sick days). If an absence qualifies as an FMLA absence, the
Company has the right to treat it as one, even if the employee is receiving pay of any
kind for the absence and even if the employee would prefer not to have the absence
counted as an FMLA absence.
If the leave is for the employee’s own serious health condition, the employee must first
use his/her sick days while on leave (including during any waiting period prior to
eligibility for worker’s compensation or short-term disability benefits), then his/her
vacation days, after which the remainder of the leave will be unpaid (unless the
employee is eligible for worker’s compensation or short-term disability benefits). If the
leave is for any other reason, the employee must first use such portion of his/her sick
days that qualify as personal days, then his/her vacation days, after which the
remainder of the leave will be unpaid.
While on paid or unpaid FMLA leave, an employee will not be entitled to holiday pay if a
holiday falls during any portion of the leave. Sick days will not continue to accrue while
an employee is on a continuous FMLA leave that exceeds five (5) scheduled work days
(whether paid and/or unpaid), but accruals will begin again upon return to work from
FMLA leave. For purposes of determining an employee’s annual vacation credit, the
Company will take into account the amount of time the employee was on unpaid FMLA
leave (that is, not paid by use of sick days or vacation days) during the 12 months prior
to his/her anniversary date and will pro-rate the employee’s vacation credit on his/her
next anniversary date accordingly.
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Employee Notice of Need for Leave and Other Responsibilities
If the need for leave is foreseeable (which includes leave for needed medical treatment
and recovery therefrom, as well as time off needed for doctors’ appointments, lab tests,
and other medical appointments), an employee must provide 30 days advance notice if
practicable. If not practicable to give at least 30 days advance notice of the need for
foreseeable leave, then the employee must give as much notice as reasonably possible.
This normally means providing notice on the same day as or next business day
after the date on which the employee learns that he/she will need time off. Notice
of the need for foreseeable leave is to be given to the Human Resources Manager.
If the need for leave is unforeseeable, an employee must provide as much notice as
practicable. This means the employee must: (1) comply with all requirements of the
Company’s absence notification and call-in procedures as set forth in the Company’s
Attendance and Punctuality policy; and (2) also notify the Human Resources Manager
of the absence within the time frame established in the Company’s Attendance and
Punctuality policy. These procedures are required so that the employee’s supervisor
can ensure that the employee’s job duties are covered and so that the Human
Resources Manager can accurately calculate an employee’s use of FMLA leave.
When notifying the Company of the need for FMLA leave or an FMLA absence, an
employee must provide sufficient information for the Company to determine if the leave
might qualify as FMLA leave or an FMLA absence. The employee must also provide
the anticipated timing and duration of the leave or absence. Calling in “ill” or “sick” is
not enough. Sufficient information may include that the employee needs to be
hospitalized or needs continuing treatment by a health care provider, or has a medical
condition that will incapacitate the employee for more than three full calendar days, etc.
If the employee needs leave for a reason for which FMLA leave was previously taken by
the employee, the employee must specifically mention the “FMLA” or state the specific
medical condition or qualifying reason FMLA leave or the absence is needed.
Certification of Need for Leave
Employees may be required to provide a certification and periodic recertification
supporting the need for leave. Any certification and recertification that is submitted
must be complete and sufficient and returned within 15 calendar days. The Company
may also request authentication and clarification of any medical certification or
recertification that is submitted by contacting the health care provider.
A certification will remain in effect only for the period of incapacity certified on it by the
health care provider, or for a maximum period of one year if the condition in question is
permanent, of indefinite duration, or expected to last more than one year. After
receiving a certification, the Company may also require second and third opinions from
health care providers if the leave is for the serious health condition of the employee or a
family member.
After receiving a certification, the Company may require a recertification of the serious
health condition: (1) every six months if the condition is permanent, of indefinite
duration, or expected to last more than one year; and (2) at any time if the condition
changes in nature or severity, or the employee’s absences for a chronic condition, over
a period of two or more consecutive or cumulative months, exceed the number of
- 50 -
absences certified by the health care provider, or if the Company has reasonable cause
to doubt the employee’s stated reason for an absence or need for leave. If the
Company requests a recertification, it may also require that the health care provider
review the employee’s attendance record to determine if the absences are consistent
with the medical condition in question and the employee’s need for leave.
If an employee fails to timely provide a certification or recertification, the absences will
normally be counted as non-FMLA absences under the Company’s Attendance and
Punctuality Policy, even if the absences were pre-approved, scheduled in advance,
and/or covered by paid sick days or paid vacation. In other words, failure to timely
provide a certification or recertification can result in the absences being counted as
occurrences under the Attendance and Punctuality Policy, for which disciplinary action
could be imposed.
Employer Notices and Other Responsibilities
If an employee requests FMLA leave, the Company will notify the employee whether
he/she is eligible for such leave the first time during the Company’s FMLA leave year
that the employee requests leave for that particular reason or that specific medical
condition. If the employee is eligible, the notice will specify any additional information
required (such as a certification of a health care provider) as well as the employee’s
rights and responsibilities. If the employee is not eligible, the notice will provide a
reason for the ineligibility.
Once the Company has received a complete and sufficient certification (if one is
required), the employee will receive a designation notice. The notice will either
designate the leave as FMLA-protected leave and the amount of leave counted against
the employee’s FMLA leave entitlement (if it can be calculated), or will advise the
employee that the leave is not FMLA-protected.
Benefits and Protections While on Leave
While on FMLA leave, the employee’s health insurance will continue with same
coverage and cost to the employee as would have been in place had the employee
continued to work. Payroll deduction will be used to collect the employee’s share of the
premium if the employee is receiving pay. If the employee is not receiving pay, the
employee must contact the Human Resources Manager and arrange to make the
appropriate payments. An employee’s failure to pay the employee’s share of a premium
within 30 days after it becomes due may result in the cancellation of coverage.
Permissible and Prohibited Activities While on Leave. As a general rule, an employee
who is on an approved leave of absence is expected to engage in only those activities
that are necessary for, consistent with, and appropriate for the purpose of the leave,
and the employee is not permitted to engage in any other activities. An employee is
also prohibited from working elsewhere or engaging in self-employment while on leave
(including working any additional job the employee was working while also working for
the Company prior to taking leave), without the Company’s advance written consent.
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Return to Work
If an employee was on leave for his/her own serious health condition, he/she must
provide a company approved fitness-for-duty certification upon return to work, or he/she
will not be permitted to work. Upon return from FMLA leave, an employee will normally
be restored to his/her original or an equivalent (meaning “virtually identical”) position
with equivalent pay, benefits, and other employment terms. However, an employee has
no greater right to reinstatement or to other benefits and conditions of employment than
the employee would have had if he/she had been continuously employed during the
leave period.
If an employee fails to return to work at the end of the leave period, or if the employee is
unable to return to work at the end of his/her leave period and fails to provide a new
certification on or before his/her originally projected return to work date, the employee’s
employment will be terminated.
NON-FMLA LEAVE OF ABSENCE
When an employee is not eligible for an FMLA leave and the employee needs a
continuous leave of absence, Earp Distribution may provide a Non-FMLA leave for
family, medical, or personal leaves in some circumstances or if a leave is otherwise
required by law (e.g., leave that would be a reasonable accommodation under the
Americans with Disabilities Act or state disability discrimination laws; leave that may be
required under federal or state pregnancy discrimination laws, leave that may be
required under the state worker’s compensation laws; etc.).
In order to be eligible for a Non-FMLA leave, and as a general rule, an employee must
be a regular full-time or regular part-time employee and have continuously worked for
the Company at least one year prior to leave commencing, except where a shorter
length of service is required by applicable federal or state law (e.g., under state
pregnancy or worker’s compensation laws). An employee must provide the same
amount of notice of the need for leave and comply with the other notification
requirements that are included in the Company’s FMLA Leave Policy.
The maximum amount of leave will be determined on a case-by-case basis, may vary
depending on the reason for the leave or any applicable law, and is subject to the
Company’s discretion and such terms and conditions as the Company may impose.
The Company may take into account prior leaves that the employee has taken
(including FMLA leave), the amount of leave needed, the reason for the leave, and
other factors. As a general rule, such leave will normally be granted in increments of
one month up to a maximum of 26 weeks (including any FMLA leave taken during the
preceding 12 months).
Employees will be required to use paid time off benefits while on Non-FMLA leave until
exhausted, after which the leave will be unpaid (unless covered by short-term disability
or worker’s compensation benefits). The same rules regarding accrual and non-accrual
of vacation, sick days, and holiday pay that apply to FMLA leaves will apply to NonFMLA leaves.
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Employees on Non-FMLA leave may be permitted to continue health insurance
coverage provided they make arrangements to pay the employee and dependent
coverage premiums. The Company may require the employee to pay COBRA rates for
continuation of the coverage rather than the active employee rate, depending on the
length of the leave, whether the employee has taken any other leave during the past 12
months, and applicable law. An employee’s failure to pay a premium within 30 days
after it becomes due may result in cancellation of coverage.
As a general rule, an employee who is on an approved leave of absence is expected to
engage in only those activities that are necessary for, consistent with, and appropriate
for the purpose of the leave, and the employee is not permitted to engage in any other
activities. An employee is also prohibited from working elsewhere or engaging in selfemployment while on leave (including working any additional job the employee was
working while also working for the Company prior to taking leave), without the
Company’s advance written consent.
Except as may be required by law, there is no guarantee of job reinstatement into any
position upon return from a Non-FMLA leave. If the employee is on leave for his/her
own health condition and is released to work without restrictions, or is returning from a
Non-FMLA leave for any other reason, the employee may be placed in the same or an
equivalent job if required by law or otherwise in any open position for which he/she is
qualified. If an employee is on leave for his/her own health condition and is released to
return to work with restrictions, the Company will determine if any reasonable
accommodation is required by law and can be made. If an employee fails to return to
work on the agreed upon return date, the Company will assume that the employee has
resigned.
WORKMAN’S COMPENSATION INSURANCE
Earp Distribution has a self-funded workman’s compensation insurance program, to
provide benefits when illness or injury is directly caused by one’s work for the Company.
For full details of this program, please see the Safety Director.
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COMPANY-FUNDED PENSION
The Earp Meat Company, Inc. Money Purchase Pension Plan was adopted to provide you
with additional income for retirement. Generally you will not be taxed on the amounts we
contribute to the plan on your behalf until you withdraw these amounts from the plan.
Employees who have completed one-year of service with Earp Distribution, during which a
minimum of 1000 hours were worked will be automatically enrolled in the plan during the
next April or October enrollment period. Annual contribution by your Company to the plan
is equal to 4.5% of your annual income, plus 4.3% of annual income above $35,000.
The pension plan funds are managed by the Trustee of the Plan, Benefit Trust Company,
through Meritage Investment Management, a Registered Investment Advisor. All fees
connected with these services are paid by the Company. More information can be found
in the Summary Plan Description.
You become fully vested in the pension plan according to the following schedule:
"6 Year" Graduated Vesting Schedule
Vested
Percentage
Years of Service
Completed
0%
20%
40%
60%
80%
100%
One
Two
Three
Four
Five
Six
401(k) PLAN
The Earp Meat Company, Inc. 401(k) Plan with a Roth provision was adopted to provide
you with the opportunity to save for retirement on a tax-advantaged basis. Eligible
employees may elect to have money withdrawn from his or her paycheck on a pre-tax or
post-tax basis and deposited to the designated 401(k) plan investment fund(s). This plan
allows each employee to vary their contribution in proportion to retirement requirements.
Eligible employees who have completed Two-months of service with Earp Distribution, will
be automatically enrolled in the plan at 2% pre-tax basis on the first day of the plan month
following completion of the eligibility requirements. You can elect to change the amount
you contribute, or elect to contribute nothing at all, at the beginning of each plan month
only.
You are always 100% vested in the contributions you make to the 401(k) plan. The
Custodian of the Plan is by Empower Retirement with Financial Advise provided by Bukaty
Companies, Financial Services. Please refer to the summary plan description for full
details of the 401(k) plan.
Website: https://participant.empower-retirement.com/participant/#/login
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EDUCATIONAL ASSISTANCE
Earp Distribution recognizes the value of continuing education, both from a personal as
well as professional perspective. For this reason, we are pleased to offer educational
assistance to our employees who qualify.
Employees must be regular full-time (those scheduled to work at least 38 hours per
week) and employed for six (6) months in order to be eligible for assistance. Classes or
programs beginning prior to this six month waiting period do not qualify for
reimbursement. Classes completed after employment is terminated will not be
reimbursed, except in extraordinary circumstances and to be determined by Earp
Distribution Management. You must be an active employee as of the date you apply for
reimbursement for educational assistance. Requests for reimbursement made after
separation of employment will not be considered.
The education must be offered by an accredited institution and be related to the
employee’s current job or a potential future opening within the company. This
determination will be made by Earp Distribution Management.
Two levels of approval are required: the employee’s direct supervisor and the
General Manager. The employee will be required to fill out the Educational
Assistance Request Form and submit it to his or her supervisor for approval.
If a degree is being pursued, all required general education courses will be eligible for
reimbursement. Books and registration fees are included for reimbursement, however,
late and payment deferral fees are not.
Annual maximum reimbursement is $3000.
For undergraduate courses, a grade of A will be reimbursed at 100%; grade of B 90%; grade of C - 50%; lower than a C will not be reimbursed. For graduate level
courses, the employee must receive a grade of A or B to be eligible for
reimbursement of 80%; grades lower than a B will not be reimbursed at the
graduate level.
If an employee leaves the company within one year of completion of course(s) or
degree, a pro-rated portion of the reimbursements will be due back to the company. For
example, if the employee leaves 2 months after completion, 11/12 is due to the
company. If the employee leaves 8 months after completion, the refund due is 5/12. If
the employee leaves in the 12th month, 1/12 is due.
To be reimbursed after completion of course(s), the employee must submit a copy of
the grade(s) received, receipts for tuition, books and/or registration fees to Human
Resources. Processing of reimbursement will take place on the next check run.
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SERVICE RECOGNITION
As a token of our appreciation for continued service, Earp Distribution presents special
awards to employees annually in December, in observance of selected employment
anniversaries and periods of service without absences.
CREDIT UNIONS
This Company is pleased to offer all personnel the benefit of credit union services at no
charge to you. Participation in this program is entirely voluntary on the part of the
employee.
Credit unions available to employees of Earp Distribution are the Wyandotte Credit Union
in Kansas City, KS, and Mid American Credit Union in the Wichita area.
Wyandotte Credit Union is located at 8200 State Avenue; their phone number is 913-7887942.
Mid American Credit Union is located at 8404 W. Kellogg Drive in Wichita; their phone
number is 316-722-3921.
THE COMPANY IS NOT IN ANYWAY RESPONSIBLE FOR THE ADMINISTRATION OF
THIS PROGRAM. ANY DISPUTE, QUESTION OR CLAIM REGARDING THE
PROGRAM WILL BE ENTIRELY BETWEEN A PARTICIPATING EMPLOYEE AND THE
CREDIT UNION.
THIS ANNOUNCEMENT IS NEITHER AN OFFER TO SELL NOR A SOLICITATION OF
AN OFFER TO BUY THESE SECURITIES. THE OFFER IS MADE ONLY BY THE
PROSPECTUS.
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TRAVEL, ENTERTAINMENT AND EXPENSE REPORTING
The following policy applies to all employees of Earp Distribution and affiliated
companies (Earp). It is Earp policy to reimburse employees for actual expenses
incurred on the company’s behalf while employees are engaged in authorized business.
Expenses must be reasonable in the circumstances. It is always important that every
employee exert his/her best efforts to minimize company expenses and to use
discretion and good judgment in expenditures that are necessary to conduct our
business.
General Policy






This policy statement should be followed unless changes are made and
announced by the company. The company may, at its discretion, establish more
rigid guidelines to suit the specific needs or economic conditions of the company.
Earp Distribution employees will be reimbursed for actual allowable expenses
upon submission of a properly completed and approved Employee Expense
Report, accompanied by required supporting documents.
All travel or entertainment with an anticipated cost of $200 or more will require
pre-approval by the appropriate manager.
Expense reports must be submitted to accounting on a timely basis. Expense
reports will be considered timely if they are submitted in the accounting period in
which the expense occurred, but in no case later than 45 days from the date of
occurrence.
Travel should be well planned in advance, in order to minimize the number of
trips and increase the results accomplished from each trip. Eliminate marginally
necessary trips or combine them with essential travel.
Earp reserves the right to designate specific or preferred vendors and/or related
travel agencies, car rental agencies, airlines, etc.
Corporate Credit Cards




All reimbursable business expenses must be purchased using your corporate
credit card, for those staff members that have been assigned one.
A personal card may only be used where corporate credit cards have not been
issued or are not accepted. If a corporate card has been issued, expenses
placed on a personal credit card may not be reimbursable. An explanation for
the use of a personal card must accompany any expense report from persons
who have been issued a corporate credit card.
Earp will not reimburse employees for any annual fees associated with a
personal card.
Corporate credit cards are not to be used for personal expenses. Violations of
this policy will result in disciplinary action including, but not limited to, cancellation
of the corporate credit card.
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Certification and Approval



An expense report will be processed for payment when it has been reviewed,
approved, and signed by the manager that the employee reports to, or the
general manager, or his designate. For certain types of expenditures, additional
approvals are required. For example, any travel with an anticipated total cost of
$200 or more requires pre-approval.
All employees are required to certify and sign their expense reports verifying that
they have incurred the expenses set forth on the report on behalf of the
company, that expenses are reasonable and are directly related to the conduct of
Earp Distribution business. Purposeful or negligent violations of the reporting
and documentation requirements shall be the basis for disciplinary action (which
may include termination). Intentional misrepresentation is a violation of Earp
Distribution business conduct policy.
Any expense report found to have deficiencies will be returned to the employee
for correction.
Supporting Documentation and Retention





Unless otherwise specified in this policy, a receipt indicating the date, purpose,
vendor, names of people involved, must support all expenses in excess of $10.
Only original copies of receipts are acceptable. In general, it is good business
practice to obtain and attach receipts for ALL expenditures, regardless of
amount.
All lodging expenses must be supported by a receipt regardless of amount. Such
receipt must include the name, location, dates and the separate charges for
lodging, meals, telephone, and other items.
All gifts must be supported by a receipt. No gift may be purchased or presented
to any customer, vendor, etc., without prior written approval of the General
Manager or his designate.
All receipts and other required supporting documentation must be attached to the
expense report and retained in files designated and approved by the accounting
manager, or his designate. Before such records are destroyed, the accounting
manager will consult with the company designated tax accountant.
Periodic audits of expense reports may be conducted at the discretion of the
accounting manager or his designate. Such audits will normally be used as a
management tool where questionable expenses or excessive costs are
observed, but the company reserves the right to take other appropriate action in
its discretion, if warranted.
Airline Expense

An employee is expected to accept the lowest coach fare if:
- The airline makes one stop, but no change of airlines is required.
- The total time does not add more than one hour to an employee’s air travel
time.
- The next most costly alternative is more than $150 higher at time of booking.

Employees may use airline coupons or frequent flyer miles to upgrade fare class
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



at their own expense.
Airlines may assess penalty fees to a traveler making a change to a scheduled
flight. If you make a change to a scheduled flight, you must attach both the
original receipt and the change receipt to your expense report and provide an
explanation for the change.
Airlines offer substantial discounts for early booking of flights. Every effort should
be given to booking flights at least three weeks in advance when possible.
Any “cash back” promotions from airlines or other vendors must be returned to
the company. Frequent flyer miles or other credits earned while traveling on
company business may be retained for personal use. Employees may not
decline the lowest fare offered in order to earn frequent flyer program credits,
receive free companion tickets by using full fare ticket or otherwise arrange their
travel to maximize such personal benefits to the detriment of the company.
Employees may enroll in frequent flyer or other travel award programs.
However, any fees associated with such programs will not be reimbursed.
Travel Insurance

The company provides accidental death and dismemberment insurance; the cost
of additional travel insurance will not be reimbursed.
Airport Transportation

Ground transportation to and from airports is a reimbursable expense.
Employees should use the least expensive and most practical transportation
whenever possible. Circumstances such as the number of persons in a party or
the urgency of arrival at the employee’s destination should be evaluated in
choosing the appropriate transportation. Always check for the availability of
shuttles.
Auto Rental

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

An automobile may be rented when other public transportation is not practical.
Employees should use the least expensive and most practical transportation
whenever possible. Unless authorized in advance, a small or mid-size car must
be rented.
If there is more than one person traveling in the same area, employees should
share the same rental car.
Whenever possible, refill the gas tank before returning the car to avoid excessive
refueling charges by the rental company.
Employees renting a car for business purposes are covered under the company’s
insurance program. When signing a contract for rental, the employee must
identify themselves as employees of Earp Meat Company, Inc. For example,
John Smith, Earp Meat Co. Earp will not reimburse employees for additional
coverage.
Earp will not reimburse for the rental of a car for personal use. The rental of a
car must be for business use only.
Car phones and navigational devices offered by car rental companies at
additional cost should be declined.
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Automobile Expenses

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
Reimbursable Miles – Employees are reimbursed for use of their personal car for
business purposes on a mileage basis. Use of personal vehicle for a
reimbursable expense must have prior approval from the person’s direct
manager who is responsible for reporting the instance to the General Manager.
Reimbursable expense driving to the airport only applies to the mileage traveled
that exceeds that which an employee would normally incur during his or her
normal commute to work.
Company gas credit cards will not be issued.
Reimbursement Rates – The reimbursable rates for personally owned cars shall
be set by the General Manager and shall be changed when circumstances
warrant. However, in any case, these reimbursement rates cannot exceed those
allowed under Internal Revenue Service guidelines.
Liability Insurance Certification – If an employee’s auto is used for business
purposes, the employee is required to have a minimum dollar amount of
$100,000/$300,000 bodily injury and $25,000 property damage in insurance
coverage. A copy of proof of such insurance must be submitted for files if an
employee’s auto is used for business purposes. The company will not authorize
business use of a personal vehicle unless a copy of proof of insurance has been
submitted in advance.
Parking tickets due to employee carelessness or negligence are not allowable
expenses.
Company cars are maintained by company staff. Therefore, any repair or
maintenance work completed, other than emergency repairs, must be approved
in advance by the Service Shop Manager or General Manager.
Telephone Expense
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
An employee will be reimbursed for the actual charges incurred on a business
related telephone call. Calls must be documented on the Expense Report by
attaching the original telephone bill with the itemized calls highlighted.
Reasonable charges for personal telephone calls are allowed when an employee
is away from home or when business or transportation problems make them
necessary.
If an employee has a company-issued cell phone, all calls while traveling are
normally to be made from the cell phone, rather than from a hotel or other phone,
in order to avoid unnecessary charges that may already be covered by the cell
phone calling plan.
Lodging

The company will reimburse employees for the actual amount spent for a single
room in moderate class accommodations. Facilities with negotiated corporate
rates shall be deemed moderate and should be selected over alternative options
in any destination.
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
Reimbursement for the use of higher priced rooms or suites is limited to those
situations where it is necessary to hold business conferences or meetings in the
hotel room or suite. The employee is responsible for asking the hotel if any
meetings rooms are available at no additional cost.
A receipt regardless of amount must support all lodging expenses. Such receipt
must include the name, location, date and the separate charges for lodging,
meals, telephone and other items. All charges must be listed separately, by day,
and by type of charge on the expense report. For example, if the hotel lodging is
$150, and the total bill is $195, the additional $45 must be accurately identified.
Only business related expenses are allowed.
Meals
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While on travel, employees should attempt to eat on site whenever possible.
The actual amount spent for meals (including reasonable gratuities) when the
employee is away from home on company business will be reimbursed. The cost
of these meals is to be reasonable. The employee’s manager, or other
management employee, will evaluate whether a specific expenditure is
reasonable. The company’s total per day (per diem) allowance for meals is $30.
No reimbursement will be made for meals that included free with lodging or as
part of registration fees paid by the company for conferences or seminars (e.g.,
Continental breakfast provided free by the hotel/motel; lunch included as part of a
conference registration fee).
Receipts for all meals must be obtained as a matter of proper business practice.
A receipt must be submitted for expenditures over $10. The name, location,
date, persons involved and the business purpose of the meal must be
documented on the expense report form.
Gratuity given should not exceed 15% of the total bill. Excessive gratuities are
not to be given at the company expense and exceptions must be documented, or
they will be disallowed.
Other Travel Expenses

The employee will also be reimbursed for the actual amount spent for any of the
following travel expenses when away from home on company business.
Highway and bridge tolls and parking fees (but not parking fines). Taxi and
airport shuttle fares, reasonable gratuities (porters and skycaps), essential
laundry and dry cleaning when on travel more than three days, airport parking.
Long-term parking should be used in lieu of expensive terminal parking,
wherever practicable.
Normal Commuting Expense

Normal commuting expense, including the cost of fuel and mileage are not
reimbursable.
Expense of Spouse
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
Expenses incurred by an employee’s spouse while traveling on business trips are
not reimbursable, unless it is deemed essential or beneficial to the company.
Such a determination is an exception to the general rule and requires the
advance written approval of the General Manager, or his designate.
Entertainment
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
The reasonable cost of entertaining customers will be reimbursed provided it is
“directly related to the active conduct of business”, or is “associated with the
active conduct of business”, a company representative is present, and provided it
is properly reported and substantiated. Lavish or extravagant expenditures are
not allowed. All entertainment expenses must involve non-Earp persons and
must conform to the guidelines set forth in this policy manual.
The company only considers as reimbursable, entertainment expenses that
occur due to entertaining customers. Questions about what is acceptable should
be address to the company General Manager.
A detailed explanation of allowable entertainment shall be set forth on the
Expense Report. This explanation shall include: Date and place of
entertainment, name and business affiliation of persons entertained, description
of entertainment, business purpose.
Other
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Employees attending any meetings where competitors are present must strictly
adhere to company policy that pricing is not to be discussed with competitors.
Membership dues in organizations, associations, and other clubs that are
primarily of a social nature, such as athletic, yacht, or country clubs, will not by
paid by the company. The General Manager must first approve all membership
dues of any nature. He will determine if it is a prudent business expense.
Occasional meals with employees for the purpose of business discussions or
morale building are permissible. The most senior manager present at such an
occasion should pay for these expenses. Such meals should not be in lieu of a
meeting if the meeting can be conveniently and mutually arranged without such
expense. “Parties” for employees at company expense are not permitted, unless
approved in advance by the General Manager. Entertainment of another
employee where there is no significant and necessary business purpose is not
reimbursable. Reimbursement for entertainment of employees at one’s home will
not be allowed unless approved in advance by the General Manager.
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Earp Distribution Phone List
Main # (913)287-3311 or (800) 866-3277
For all local calls, dial (913) 906 and the appropriate extension.
For long distance calls, dial (800) 866-3277 then request the extension of the person you are calling
Earp Website: www.earpdistribution.com
Earp Email: https://mail.earpdistribution.com
Name
Position
Extension
Cliff Earp
Owner/Operator
2712
Steve Hewlett
CEO & GM
2722
Thom Bear
COO & Assistant GM
2751
Mike Hoyle
VP of Operations
2723
Jo Crisswell
VP of Support Services
2710
Angelo Mino
HR & Training Manager
2762
Sharon Mattocks
Benefits & Payroll Administrator
2770
Scott Dreiling
Project & Hiring Manager
2703
Doug Redman
Safety Director
2735
Dispatch Office
2709 & 2734
Tim Gallion
Transportation Manager
2701
Vince Meighen
Transportation Trainer
2755
Billie Rayl
Transportation Payroll/Administrative Assistant
2726
Bill Reeves
Fleet Manager
2718
Ernie Adams
Facility Manager
2744
Doug Hudson
Warehouse Manager
2725
Samantha Ivy
Warehouse Payroll/Administrative Assistant
2717
Warehouse Supervisor's Office
2745
Greg Lambert
Accounting Manager
2733
Paula Lowe
IT Director
2727
Cathy Smith
Computer Operations Manager
2739
Shelly Watson
Inventory Control Manager
2746
Stevi Garvey
Customer Service Manager
2732
Kristie Sullivan
Promotions/Limited Supply Specialist
2724
Cleora Bayless
Customer Service Rep
2719
Jerry Manakul
Customer Service Rep
2716
Corey LaBounty
Field Service Rep
Betsy Thormam
SSI Coordinator
2752
Josh Shultz
ROP Coordinator
2742
Brooke Rayl
ROP Coordinator
2748
Vanessa Dunn
ROP Coordinator
2705
(816) 810-0460
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