HAVEN STAFFING SOLUTIONS CORP
In Case of Emergency
Contents
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1. Employment Agreement
2. Mutual Agreement to Arbitrate
3. Employee Benefits Program
4. Non-Harassment Policy
5. Equal Opportunity Employment Policy
6. Accommodation of Individuals with Disabilities
7. Time and Attendance Policy
8. Notice and Acknowledgement of Pay Rate
9. Direct Deposit Authorization
10. IRS Form W4
11. Employment Eligibility Verification Form I-9
12. Misconduct Complaint Form
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Employment Agreement
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This Employment Agreement (this “Agreement”), dated as of the date set forth above the signatures hereto (the “Effective Date”), is by and between Haven Staffing Solutions Corp. (the “Company”), and the undersigned individual or entity (the “Employee”). In consideration of the promises and mutual covenants contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:
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1. Services. In your capacity as a you will perform duties and responsibilities that are reasonable and consistent with such position as may be assigned to you from time to time.
2. Name and Likeness. Employee hereby authorizes the Company to use, reuse, and grant others the
right to use and reuse Employee’s name and likeness, voice and biographical information, and any reproduction or simulation thereof, in any media now known or hereafter developed (including but not limited to film, video, and digital, and other tangible and electronic media) for any purpose reasonably related to the Company’s business.
3. Confidential Information.
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(a) Employee acknowledges that Employee has acquired or may acquire Confidential Information
(as herein defined) of Company and that communication of such Confidential Information to third parties could irreparably injure the business of Company. Accordingly, Employee shall not, at any time either during or after the term of this Agreement, directly or indirectly, use or cause to be used any such Confidential Information in connection with any activity or business except the business of Company, and shall not disclose any such Confidential Information to any third party, unless such disclosure has been specifically authorized in writing by Company, or except as may be required by any applicable law or by order of a court of competent jurisdiction, or a regulatory or governmental body having jurisdiction over Employee, provided that Employee shall give Company notice of any such order so as to give them adequate opportunity to object to such order.
(b) Upon (i) termination of this Agreement for any reason, (ii) termination of Employee’s access
to Confidential Information, or (iii) the earlier request of Company, Employee shall return to Company all originals and copies of materials belonging to it, whether kept at the Employee’s business office, personal residence or otherwise, including all materials containing any Confidential Information, in any tangible and, to the extent practicable, intangible form, that Employee may have in Employee’s possession or control.
(c) “Confidential Information” shall mean all of Company’s proprietary information, technical
data, trade secrets, and know-how, including, without limitation, the terms of this Agreement, research, product development and marketing plans, actual or potential vendor and customer lists, distribution channels, computer programs, developments, inventions, discoveries, concepts, methods, processes, formulae, algorithms, technology, designs, drawings, studies, inventory and financial data and information, including without limitation the Work, whether or not marked as “Confidential.”
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4. Disparaging Statements. Company (through its officers or directors) and Employee, during the term
of this Agreement and thereafter without limitation of time, shall not make disparaging statements (including but not limited to communications using email, regular mail, express mail, telephone, fax, instant message, social media, or any other oral, written, or electronic transmission) concerning the other party or any of its officers, members, directors, shareholders or employees, products or services that could injure, impair or damage relationships between any of them and their employees, officers, members, directors, shareholders, customers or any lessor, lessee, vendor, supplier, distributor, contractor other business associate.
5. Indemnity. Employee agrees to defend at Employee’s own cost and expense any demand, claim or
action against Company or its affiliates, from and against any (a) loss or damage in connection with or arising out of the fault or negligence of Employee and (b) claims for personal injury or damage to property arising out of the furnishing, performance or use of Work.
6. Term and Termination
(a) Term. This Agreement will commence as of the Effective Date set forth above, and unless
terminated earlier in accordance with the terms of this Agreement, will remain in force and effect or as long as Employee is performing Services.
(b) At-Will Employment. Employee’s employment with the Company will be “at will” which
means that either Employee or the Company may terminate your employment at any time for any reason, with or without cause. Employee’s employment at-will status can only be modified in a written agreement signed by Employee and by an officer of the Company.
7. Severability. In the event any of the provisions of this Agreement shall be held by a court or other
tribunal of competent jurisdiction to be unenforceable, the other provisions of this Agreement shall remain in full force and effect.
8. Survival. All terms and conditions of this Agreement, which should by their nature survive the
termination of Services, shall so survive.
9. Successors and Assigns. This Agreement shall be binding upon and inure to the benefit of Employee,
Company, and their respective assigns, successors, heirs, and legal representatives; provided however, that neither this Agreement nor any rights hereunder may be assigned or delegated by Employee, Employee’s successors, heirs or legal representatives without the prior written consent of Company.
10. No Election of Remedies. Except as expressly set forth in this Agreement, the exercise by Company
of any of its remedies under this Agreement will not be deemed an election of remedies and will be without prejudice to its other remedies under this Agreement or available at law or in equity or otherwise.
11. Arbitration. All disputes between you and the Company shall be resolved by binding arbitration,
subject to the terms and conditions set forth in the Mutual Agreement to Arbitrate attached hereto.
12. Entire Agreement. This Agreement, along with the attachment Mutual Agreement to Arbitrate, is the
entire agreement between the parties with respect to the subject matter hereof and supersedes any and all prior agreements and communications (both written and oral) between Employee and Company relating generally to the same subject matter. This Agreement may be modified, or any rights under it waived, only in a writing signed by the party against whom enforcement of such modification or waiver is sought.
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13. No Waiver. No waiver of any right or option hereunder by either party shall operate as a waiver of
any other right or option, or of any subsequent occasion for its exercise, or of any legal remedy. All remedies provided by this Agreement are in addition to all other remedies by it or the law provided.
14. Notices. Any notice required or permitted under this Agreement shall be in writing and shall be
deemed given upon personal delivery, one day after deposit with a nationally recognized express courier assuring overnight delivery, upon confirmation of receipt of e-mail, or five days after deposit in first-class certified or registered mail, return receipt requested. Such notices shall be sent to the party for which intended at its address set forth below its signature hereto or at such other address as that party may specify in writing pursuant to this Section.
15. Governing Law. This Agreement will be governed by and construed in accordance with the
substantive laws of the State of New York, excluding its body of law controlling conflict of laws.
16. Counterparts. Execution and delivery of this Agreement may be in counterparts evidenced
by facsimile or electronic transmission.
In witness whereof, the parties have duly executed this Agreement as of the undersigned date
Haven Staffing Solutions Corp.
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Signature:
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Name:
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Title:
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Date:
EMPLOYEE:
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Signature:
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Name:
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Date:
Mutual Agreement to Arbitrate
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In recognition of the fact that differences may arise out of or relating to certain aspects of your employment
relationship with Haven Staffing Solutions Corp. (the “Company”) or the termination of that relationship, and in recognition of the fact that resolution of any differences in the courts is rarely timely or cost effective for either party, you and the Company have entered into this Agreement in order to establish and gain the benefits of a speedy, impartial and cost-effective dispute resolution procedure.
1. Claims Subject to Arbitration. You and the Company acknowledge that by agreeing to arbitration,
you are both WAIVING ANY RIGHTS TO A JURY TRIAL. Except for the claims set forth in Paragraph 2, below, you and the Company mutually agree to resolve by final and binding arbitration any and all disputes, claims, or controversies of any kind or nature (“Claims”) that could be brought in a court including but not limited to such matters arising from, related to, or in connection with your seeking employment with the Company, your employment relationship with the Company, the termination of your employment with the Company, or any Claims that the Company may have against you, including any claim that could have been brought before any court. For purposes of this Agreement, the term Company includes, but is not limited to, past and present parents, affiliates, and subsidiaries of the Company and each of their respective past and present employees, independent contractors, owners, agents, officers, directors, board members, shareholders, successors, assigns, benefit plans and sponsors, fiduciaries, administrators or insurers). The Claims subject to arbitration include, without limitation, (a) any Claims arising from, related to or in connection with: (i) any federal, state or local law or regulation prohibiting discrimination, harassment or retaliation based on race, color, religion, national origin, sex, age, disability or any other condition or characteristic protected by law; (ii) any alleged breach of contract or covenant, whether express or implied; (iii) any alleged violation of any federal, state, local or other constitution, statute, ordinance, regulation, common law, or public policy; (iv) any dispute regarding wages, hours, bonuses or other compensation or payment; and/or (v) any personal, emotional, physical, economic, property or any other injury, loss or harm; and (b) any Claims that the Company may have against you, including, without limitation, any alleged trade secret violations.
2. Claims Not Subject to Arbitration. Nothing in this Agreement shall prohibit you from filing a
charge, complaint or claim, or communicating or cooperating with, providing information to, or participating in an investigation by the U.S. Equal Employment Opportunity Commission, the National Labor Relations Board, the U.S. Department of Labor, the Occupational Safety and Health Commission, or any other federal, state or local administrative agency, provided however that, to the full extent permitted by law, any Claims seeking monetary relief must be asserted in arbitration pursuant to this Agreement. This Agreement expressly does not apply to Claims by you: (a) for state Workers’ Compensation benefits; (b) for unemployment insurance benefits filed with the appropriate government entity; (c) arising under a benefit plan where the plan expressly specifies a separate arbitration procedure; (d) arising under the National Labor Relations Act and filed through a charge with the National Labor Relations Board; or (e) which are otherwise expressly prohibited by law from being subject to arbitration under this Agreement.
3. Class, Collective and Representative Action Waivers. To the fullest extent permitted by law, and
notwithstanding anything else in this Agreement, you and the Company agree that any Claims brought by the Company, by you or on your behalf shall be decided by the arbitrator on an individual basis and not on a class, collective or representative basis. Accordingly, class, collective and representative actions are not permitted under this Agreement. The arbitrator shall not have the authority or jurisdiction to hear the arbitration as a class, collective or representative action or to join or consolidate causes of action of different parties into one proceeding. To the fullest extent permitted by law, you and the Company agree that they have waived, to the maximum extent possible, any of their rights to bring to participate in class, collective or representative actions with respect to any Claims. Notwithstanding the foregoing, if and to the extent applicable law precludes you or the Company from waiving any right to bring class, collective or representative claims, and provided that the applicable law is not preempted by the Federal Arbitration Act or other federal law, then the parties hereto agree that such class, collective or representative claims shall not be subject to the terms of this Agreement and shall be heard by a court of competent jurisdiction.
4. Procedure. Any arbitration will be filed with and conducted by JAMS. The arbitration shall be
held at the JAMS office located in Manhattan, New York, or at a location mutually agreed to by the parties, pursuant to the JAMS Employment Arbitration Rules and Procedures (“Rules”) in effect at the time the demand for arbitration is filed, except as modified by this Agreement (including, without limitation, as modified in Paragraph 12). You understand that you may obtain a copy of the most current Rules by visiting JAMS’ website, currently located at https://www.jamsadr.com/rules-employment-arbitration/. If JAMS is unable or unwilling to accept the matter for any reason, the parties will submit the matter to a comparable arbitration service, which will apply the then-current Rules unless otherwise agreed to by the parties to the arbitration and as modified by this Agreement. Arbitration shall be initiated and all Claims shall be decided by a single, neutral arbitrator.
5. Discovery and Motions. The parties to the arbitration shall be entitled to conduct reasonable
discovery and the arbitrator shall have the authority to determine what constitutes reasonable discovery. The arbitrator will have the authority to hear and grant motions, including but not limited with applicable state and federal law.
6. Remedies. The arbitrator may award any form of remedy or relief (including injunctive relief) that
would otherwise be available in court and any such form of remedy or relief awarded must comply with applicable state and federal law.
7. Decision. The arbitrator shall issue a written and signed decision within thirty (30) days of the
deadline for submission of post-hearing briefs. The arbitrator’s award shall be final and binding and shall contain the essential findings of fact and conclusions of law on which the decision is based. Judgment upon the award may be entered, and enforcement may be sought, only in a New York state court of competent jurisdiction.
8. Right of Appeal. The arbitrator shall not have the power to commit errors of law or legal reasoning.
The arbitrator’s final award is subject to review for legal error, confirmation, correction or vacatur only in a New York state court of competent jurisdiction. Solely in the event that a court should find that it does not have legal authority, or otherwise refuses, to review the arbitrator’s decision for legal error, then any party to the arbitration shall have a right to appeal the arbitrator’s final award pursuant to the rules and procedures set forth in the JAMS Optional Arbitration Appeal Procedure (“Appeal Rules”) in effect at the time the appeal is served, except as modified by this Agreement. Employee understands that they may obtain a copy of the most current Appeal Rules by visiting JAMS’ website, currently located at https://www.jamsadr.com/appeal/. The appeal must be filed with JAMS within thirty (30) days of the court’s decision to not review the arbitrator’s final award for legal error, provided that the deadline shall be tolled in the event a party seeks appellate review of the court’s decision.
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9. Arbitration Fees and Costs. To the extent required by law, Company shall bear all reasonable and
necessary fees and costs of the arbitration forum the Employee would not otherwise be required to bear, if the Claims were brought in court. In all other circumstances, Company and Employee will each pay fifty percent (50%) of the fees and costs of the arbitration forum. The parties shall be responsible for their own attorneys’ fees and costs, except that the arbitrator shall have the authority to award attorneys’ fees and costs to the prevailing party in accordance with the substantive law governing the Claims. Any controversy regarding the payment of fees and costs under this Agreement shall be decided by the arbitrator.
10. Law Governing Claims. The arbitrator shall apply New York and federal law, as applicable, to any
Claims and defenses asserted by the parties.
11. Law Governing This Agreement. Notwithstanding any other provision of this Agreement, the
Federal Arbitration Act shall govern the interpretation and enforcement of this Agreement, the procedures for the arbitration, and the substantive governing law for review for legal error, confirmation, correction or vacatur of the arbitrator’s final award.
12. Determination of Arbitability. A New York state court with jurisdiction over a party’s Claims, and
not the arbitrator, shall have the exclusive authority and jurisdiction to resolve any issue relating to the formation or enforceability of this Agreement, or any issue relating to whether Claims are subject to arbitration under this Agreement. Employee and Company agree that they are subject to the jurisdiction of New York state courts for these purposes.
13. At-Will Employment. This Agreement is not, and shall not be construed to create, any contract of
employment, express or implied. This Agreement shall not be construed in any way to change Employee’s employment states from at-will or to modify, nullify or otherwise affect the at-will agreement between you and the Company.
14. Revocation and Modification. This Agreement shall survive the termination of your employment
relationship with Company. The Agreement shall apply to any Claims whether they arise or are asserted during or after termination of that relationship. This Agreement can be modified or revoked only by a writing signed by you and an executive of the Company that references this Agreement and specifically states an intent or modify or revoke this Agreement.
15. Reformation and Severability. If any clause or provision of this Agreement is declared void or
unenforceable by any tribunal, then such clause or provision shall be modified or, if modification is not possible, stricken to the extent necessary to allow enforcement of this Agreement, and the remaining provisions shall remain in full force and effect. However, in no event shall the arbitrator hear any Claims as class, collective or representative actions, even if Paragraph 3 of this Agreement, or any clause or provision contained therein, is adjudged void or is otherwise unenforceable. In other words, if one or more of the class, collective and/or representative action waivers in Paragraph 3 are found to be unenforceable, the specific type of waiver(s) found to be unenforceable shall be stricken from the Agreement and the respective action(s) that were the subject of the stricken waiver(s) shall be heard and determined through an appropriate court proceeding, and not in arbitration. All remaining Claims shall proceed in individual arbitration.
16. Entire Agreement. This Agreement constitutes the entire understanding between the parties with
respect to the subject matter hereof, and it revokes and supersedes all prior or contemporaneous oral or written agreements or understanding on the subject of arbitration of the Claims. Neither party is relying or shall rely on any representations (whether oral or written) on thesubject of the effect, enforceability or meaning of this Agreement. A scanned, copied, or facsimile version of signatures on this Agreement is to be effective as original signatures.
PLEASE READ THIS AGREEMENT CAREFULLY. By entering into this Agreement, you agree to final and
binding arbitration of any and all disputes between you and the Company, including, without limitation, disputes related to your employment relationship and the termination thereof, and claims of discrimination and harassment. You also are agreeing to waive your right to a jury trial and to bring a claim on a class, collective or representative basis.
You acknowledge that you have read this Agreement, understand its terms and have been given the
opportunity to discuss this Agreement with an advisor of your choice, including your own legal counsel, and have taken advantage of that opportunity to the extent you wish to do so.
Employee Benefits Program
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Haven Staffing Solutions Corp. (the “Company”) currently provides the following benefit and leave programs
to its eligible employees. The Company reserves the right to amend, rescind or terminate discretionary benefits at any time.
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Safe and Sick Days
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All regular full-time and part-time employees accrue paid safe and sick days at a rate of one (1) hours for every thirty (30) hours worked, up to a maximum of forty (40) hours per fiscal year.
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Sick and safe days may be used in partial day increments of no less than four (4) hours.
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All employees are allowed to start using safe and sick days after 90 days of employment.
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Sick days may be used only for an employee’s own illness, injury, preventive care, or medical and dental appointments, or for the illness, injury, preventive care, or medical and dental appointments of members of an employee’s immediate family, including spouses, domestic partners, children of spouses or domestic partners, parents, parents-in law and parents of domestic partners, siblings (including half, step and adopted siblings), grandchildren or grandparents. Additionally, sick days may be used if the office is closed by order of a public official due to a public health emergency, or to care for a child whose school or childcare provider is closed by order of a public official due to a health emergency
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Safe days may be used only when needed by an employee seeking police, legal, and social services in connection with their own or a family member’s response to an incident of family or sexual offenses, stalking, domestic violence, or human trafficking.
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Family member means members of an employee’s immediate family, including spouses, domestic partners, children of spouses or domestic partners, parents, parents-in law and parents of domestic partners, siblings (including half, step and adopted siblings), grandchildren or grandparents, any blood relative, and any individual in the equivalent of a close family relationship.
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It is each employee’s responsibility to notify his or her direct supervisor by telephone or email immediately prior to the start of the employee’s workday when illness or any other cause prevents the employee from coming to work and to submit progress reports by telephone or email at least every three (3) days after the first three (3) successive days of absence. After three (3) successive days of absence for illness, the Company may request that the employee provide documentation from the employee’s medical provider confirming the medical need for absence from work and the expected duration of the absence, but not the diagnosis.
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When an employee fails to contact his or her supervisor and is absent from work for three (3) consecutive working days without notice or fails to return at the end of a leave of absence, the Company may consider the employee to have resigned.
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The Company will not pay employees for unused sick days upon termination or resignation or under any other circumstances. Employees may not carry over unused sick days into the next fiscal year.
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Employees who improperly abuse this paid sick leave policy may be subject to discipline up to and including termination. Examples of the abuse of sick leave include (1) the use of unscheduled sick time on or adjacent to weekends, regularly scheduled days off, holidays, vacation or pay days; (2) taking a scheduled sick day on days when other types of leave have already been denied; and (3) taking sick days on days when the employees is scheduled to work a shift or perform a duty perceived as undesirable. Under no circumstances will the Company retaliate against any employee for properly using legally-required sick leave or engaging in any other activity protect by law. Employees have the right to file claims for violation of the New York City Earned Sick Time Act with the Department of Consumer Affairs.
Non-Harassment Policy
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Haven Staffing Solutions Corp. (the “Company”) is committed to a workplace that is free from discrimination and harassment based on race, color, religion, age, gender, sexual orientation, national origin, disability or any other basis protected by federal, state or local laws. In an effort to prevent such illegal harassment or discrimination from occurring, we will communicate this policy to every employee. No employee of this Company is exempt from this Policy.
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Examples of Misconduct
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Discrimination or harassment based on race, color, religion, age, gender, sexual orientation, national origin, disability or any other legally protected status is considered a form of employee misconduct. Examples of such misconduct may include, but are not limited to:
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A request or demand for sexual contact;
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Unnecessary and unwelcome touching of an individual, for example, tripping, patting, hugging or repeatedly brushing against another individual’s body;
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Repeated inappropriate behavior, either direct or indirect, whether verbal, physical or otherwise, against a co-worker;
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Threats concerning an individual’s employment status or a promise of preferential treatment, unless in the context of the Company’s disciplinary procedures; or
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Offensive jokes, comments, slurs, email, messages, notes or gestures.
Disciplinary action, up to and including termination, may be taken against any employee engaging in this type of behavior. Disciplinary action may also be taken against any employee who in bad faith makes a false or dishonest claim of harassment or discrimination. Any supervisor or manager who has knowledge of such behavior yet fails to take appropriate action is also subject to discipline.
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Investigation of Misconduct
All complaints or information about harassment or discrimination will be investigated, whether that information was reported in verbal or written form.
While the process may vary from case to case, investigations undertaken in accordance with the following procedure:
1. Upon receipt of complaint, a designated human resources representative will conduct an immediate review of the complainant’s allegations, and take any interim actions, as appropriate. A complainant should provide their own version of the events in writing. If he or she refuses, the company should prepare a written statement, based on the verbal report.
2. If documents, emails or phone records are relevant to the investigation, the Company will take steps to obtain and preserve them.
3. Request and review all relevant documents, including all electronic communications.
4. Interview all parties involved, including any relevant witnesses.
5. Create a written documentation of the investigation (such as a letter, memo or email), which contains the following:
a. A list of all documents reviewed, along with a detailed summary of relevant documents;
b. A list of names of those interviewed, along with a detailed summary of their statements;
c. A timeline of events;
d. A summary of prior relevant incidents, reported or unreported; and
e. The basis for the decision and final resolution of the complaint, together with any corrective action(s).
6. Keep the written documentation and associated documents in a secure and confidential location.
7. Promptly notify the individual who reported and the individual(s) about whom the complaint was made of the final determination and implement any corrective actions identified in the written document. ​​​​​​
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Non-Retaliation
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Under no circumstances will an employee be penalized for reporting what they believe in good faith to be harassment under this policy. If you believe that you are being retaliated against for bringing a complaint of harassment or discrimination, you should report such conduct immediately. Any supervisor or manager who retaliates against an employee for making a complaint shall be subject to disciplinary action up to and including termination.
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If you have any questions about this policy, please contact your supervisor. The success of our policy depends, in significant part, upon the understanding and cooperation of all our employees. Therefore, we may ask you to sign the following acknowledgement:
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I, , have carefully read the above policy and understand and acknowledge that it applies to me both in my present capacity and in any future position I may hold with Haven Staffing Solutions Corp.
Equal Opportunity Employment Policy
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Haven Staffing Solutions Corp. (the “Company”) is firmly committed to providing equal employment
opportunity. In order to provide equal employment and advancement opportunities to all individuals, employment decisions will be based on merit, qualifications, and abilities. The Company does not discriminate in employment opportunities or practices on the basis of religion, race, creed, color, national origin, citizenship status, alienage, gender, sex, age, handicap, disability, genetic information, marital status, partnership status, familial status, caregiver status, sexual orientation, gender identity and expression, domestic violence victim status, military status, unemployed status, or any other characteristic protected by law.
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Simply stated, equal opportunity means that every individual is treated fairly and impartially and has an
equal chance for job opportunities within the Company, regardless of actual or perceived race, creed, color, national origin, age, sex or gender, gender identity, disability, marital status, sexual orientations or sexual preference, alienage or citizenship status, veteran status, or any other protected statues.
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We strongly encourage any employees with questions or concerns about any type of perceived
discrimination in the workplace to bring these issues to the attention of your supervisor. Retaliation against any employee for complaining in good faith about discrimination is strictly prohibited, and employees can raise concerns and make reports without fear of reprisal. Anyone found to be engaging in any type of discrimination or retaliation in violation of this policy will be subject to disciplinary action, up to and including termination
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The success of our policy depends, in significant part, upon the understanding and cooperation of all our
employees. Therefore, we may ask you to sign the following acknowledgement:
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I, , have carefully read the above policy and understand and acknowledge that it applies to me both in my present capacity and in any future position I may hold with Haven Staffing Solutions Corp.
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Employee Signature:
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Employee Name:
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Accommodation of Individuals with Disabilities
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Haven Staffing Solutions Corp. (the “Company”) is committed to complying with all provisions of the
Americans with Disabilities Act, as amended, and all applicable federal, state, and local laws prohibiting discrimination in employment against qualified individuals with disabilities. In addition, the Company will provide reasonable accommodation for disabled individuals in accordance with these laws. It is the Company’s policy to (i) ensure that qualified individuals with disabilities are treated in a nondiscriminatory manner in the pre-employment process and that employees with disabilities are treated in a nondiscriminatory manner in all terms, conditions, and privileges of employment; (ii) administer medical examinations to employees only when permitted by law and justified by business necessity; (iii) keep all medical-related information confidential and retain it in separate, secure files; and (iv) provide reasonable accommodation to qualified applicants and employees with disabilities, except where such accommodation would create an undue hardship for the Company or would cause a direct threat to the disabled individuals or others in the workplace.
Likewise, the Company will comply with the requirement under the New York State and City HumanRights
Laws to accommodate pregnancy, childbirth or a related medical condition in the workplace. The Company will provide reasonable accommodation to qualified pregnant employees or those recovering from childbirth to allow such employees to perform the essential functions of the job, except where such accommodation would create an undue hardship for the Company.
Procedure for Requesting Accommodation
Employees should make any requests for accommodations in the workplace to your supervisor. On receipt of an accommodation request, the Company will engage in a cooperative dialogue with the employee to discuss and identify the precise limitations resulting from the disability and the potential accommodation that the Company might make available.
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The Company will determine the feasibility of the requested accommodation in light of variousfactors,
including but not limited to (i) the nature and cost of the accommodation, (ii) the Company’s overall financial resources and organization, and (iii) the accommodations’ impact on The Company’s operations, including its impact on the ability of other employees to perform their duties and on the Company’s ability to conduct its business.
The Company will inform the employee of its decision on the accommodation request in a timely manner, in
writing, including how it plans to make the requested accommodation or a suitable alternative accommodation. If the accommodation request is denied, the employee will be advised in writing of the business reason for the denial and of their right to appeal the denial by submitting a written statement, explaining the basis for the appeal.
Please note that the Americans with Disabilities Act, as amended, does not require the Company to make the employee’s preferred accommodation, reallocate essential job functions, or provide personal-use items including, but not limited to, laptop computers, knives, notebooks, and others.
An employee or job applicant who has questions regarding this policy or believes that they have
experienced discrimination or retaliation related to a request for accommodation should notify the Company. All such inquiries or complaints will be treated as confidential to the extent permitted by law. The Company will not tolerate retaliation against any employee for requesting an accommodation.
The success of our policy depends, in significant part, upon the understanding and cooperation of all our
employees. Therefore, we may ask you to sign the following acknowledgement:
I, , have carefully read the above policy and understand and acknowledge that it applies to me both in my present capacity and in any future position I may hold with Haven Staffing Solutions Corp.
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Employee Signature:
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Employee Name:
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Date:
Time and Attendance Policy
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Overtime and Employee Classifications
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The purpose of this policy is to define the guidelines for calculations of overtime compensation to non-
exempt employees. Depending on the needs of the Company, employees will be required to work overtime when requested to do so.
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Employees are classified as either exempt or non-exempt, based on their job duties and other factors. Non-
exempt employees are compensated at their calculated overtime rate for the hours worked in excess of 40. Exempt employees are paid on a salary basis and do not receive overtime compensation for hours worked in excess of 40 in a week.
Prior approval of a supervisor is required before any non-exempt employee works overtime. Employees
working overtime without approval will be subject to disciplinary action. Hourly, non-exempt employees who work overtime as defined by federal or state law will be paid an hourly rate of pay equal to one and one-half times their hourly rate. Time for which an employee is paid for holidays, vacation days, or sick days, will not be counted as hours worked for the purpose of overtime calculations.
Clocking In/Out Procedures
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Employees will be required to accurately account for hours worked on a daily basis. You will use the clock-in
number given to you by your supervisor to establish a record of your attendance, which will be used to calculate your pay.
It is mandatory for all hourly employees to “clock-in” in uniform and ready to work and “clock-out” in uniform,
via the approved method of time keeping (POS). Employees should punch in no earlier than 5 minutes before the scheduled start of their shift and punch out no later than 5 minutes after the end of the shift. Non-exempt employees should not start work before the scheduled start of their shift. Failure to abide by this policy may result in disciplinary action. It is a violation of Company policy to “clock–in” or “clock-out” or “sign-in” or “sign-out” for another employee and is grounds for termination.
If you make an error when recording your time, you must notify your manager immediately and advise them
of your error so that your proper time worked can be recorded.
The success of our policy depends, in significant part, upon the understanding and cooperation of all our
employees. Therefore, we may ask you to sign the following acknowledgement:
I, , have carefully read the above policy and understand and acknowledge that it applies to me both in my present capacity and in any future position I may hold with Haven Staffing Solutions Corp.
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Employee Signature:
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Employee Name:
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Date:
Notice and Acknowledgement of Pay Rate
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Employer Information:
For Tipped Employees Only
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The tip credit taken will be $ per hour. If you do not receive enough tips over the course of a week to bring you up to the minimum hourly rates for the first 40 hours and 1½ times that amount per hour for hours over 40, you will be paid additional wages that week to make up the difference.
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Regular Payday
Employee Acknowledgement:
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On this day I have been notified of my pay rate, bonus pay rate and overtime rate (if eligible), allowances, and designated payday on the date given below. I told my employer what my primary language is.
Direct Deposit Authorization
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I hereby authorize Haven Staffing Solutions Corp. to deposit my check directly into my savings / checking account as listed below.
Employee’s Name:
Employee’s Social Security #:
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Employee’s Address:
Account Type:
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Deposit Type:
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Bank Account Info:
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