A Handbook for Champagne Logistics Employees
This Employee Handbook is intended to be a valuable resource in understanding the company’s standards, personnel policies and practices.
As a Champagne Logistics employee, it is your responsibility to read this handbook and become familiar with its contents, as it is a valuable reference for understanding your job and the company. You, as an employee, are required to acknowledge receipt of this handbook by signing the Employee Acknowledgement for included in this handbook and providing it to your supervisor, or the Human Resource Manager.
The policies outlined in this handbook should be regarded as management guidelines only, which in a developing business will require changes from time to time. Because circumstances and situations change, the company reserves the right to revise, amend, add, and delete personnel policies and procedures. All such revisions, deletions or additions must be in writing and must be signed by the Human Resource Manger or President of the company. No oral statements or representations can change the provisions of this Employee Handbook. As policies are developed and updated to deal with new situations, conditions, or laws, the company will inform you of these changes.
The provisions of this Employee Handbook are not intended to create contractual obligations with respect to any matters it covers. Nor is this Employee Handbook intended to create a contact guaranteeing that you will be employed for any specific time period.
Champagne Logistics is an at-will employer. This means that regardless of any provision in this Employee Handbook, either you or the company may terminate the employee relationship at any time, for any reason, with or without cause or notice. Nothing in the Employee Handbook or in any document or statement, written or oral, shall limit the right to terminate employment at-will. No officer, employee, or representative of the company is authorized to enter into an agreement, expressed or implied, with any employee for employment other than at-will, unless those agreements are in a written contract signed by the Human Resource Manager or President of the company.
A Word About Our Employee Relations Philosophy
Champagne Logistics is committed to providing the best possible climate for maximum development and goal achievement for all employees. Our practice is to treat each employee as an individual. We seek to develop a spirit of teamwork; individuals working together to attain a common goal. In order to maintain an atmosphere where these goals can be accomplished, we provide a comfortable and progressive workplace. Most importantly, we have a workplace where communication is open and problems can be discussed and resolved in a mutually respectful atmosphere. We take into account individual circumstances and the individual employee. We firmly believe that with direct communication, we can continue to resolve any difficulties that may arise and develop a mutually beneficial relationship.
Equal Opportunity Employer/ Affirmative Action
It is Champagne Logistics’ policy to be an Equal Opportunity Employer, and to comply with all Affirmative Action regulations. It is our objective to guarantee that all employment decisions will not discriminate against an employee or applicant for employment on any legally-recognized basis including, but not limited to: veteran status, race, color, religion, sex, sexual orientation, national origin, age, pregnancy, ancestry, genetic information, request for genetic testing, genetic counseling services, sickle cell trait and hemoglobin C trait information, handicap and physical or mental disability.
Champagne Logistics ensures that all circumstances pertaining to employment, including recruitment, hiring, evaluation, transfer, promotion, discipline, determination of compensation and benefits, and termination of employment, for all classifications, are based on qualifications for work and as directed by state law.
It is the policy of the Company that all employees be able to enjoy a work environment that is free of discrimination. It is the Company’s policy to prohibit discrimination of an employee by another employee, supervisor, manager or officer and the Company will not unlawfully consider any of the following factors: veteran status, race, color, religion, sex, sexual orientation, national origin, age, pregnancy, ancestry, genetic information, request for genetic testing, genetic counseling services, sickle cell trait and hemoglobin C trait information, handicap and physical or mental disability. Such discrimination will not be tolerated by the Company and all incidents of alleged discrimination will be thoroughly and promptly investigated.
In cooperation with our suppliers and customers, Champagne Logistics is committed to adhering to the 2010 California Transparency in Supply Chains Act of 2010 (SB 657) (the “Act”) effective January 1st, 2012. It is the policy of the company that it will not unlawfully engage in any such acts as outlined in the Act. Additionally, it is the responsibility of management and employees alike to report any incident of alleged slavery and human trafficking which will be investigated immediately and thoroughly.
Americans with Disabilities Act
Our company is committed to providing equal employment opportunities to otherwise qualified individuals with disabilities, which may include providing reasonable accommodation where appropriate. It is each employee’s responsibility to notify their Manager or Human Resources of the need for an accommodation. Upon doing so, the Manager or Human Resources may ask the employee for guidance as to the type of accommodation believed to be necessary, or the functional limitations caused by the disability. Also, when appropriate, Champagne Logistics may need permission to obtain additional information from the attending physician or other medication rehabilitation professionals.
We prohibit harassment of one employee by another employee, supervisor or third party for any reason including, but not limited to: veteran status, race, color, religion, sex, sexual orientation, national origin, age, handicap and physical or mental disability. Harassment of third parties by our employees is also prohibited.
In addition race, color, religion, sex, age, disability, national origin and genetic test results are protected classes in Arizona.
Race, color, religious creed, national origin, sex, pregnancy, sexual orientation, ancestry, age, genetic information and handicap are protected classes in Massachusetts. Disability, sickle cell trait, hemoglobin C trait and genetic information or on account of having requested genetic testing or genetic counseling services are protected classes in North Carolina.
The purpose of this policy is not to regulate the personal morality of employees. It is to assure that in the workplace, no employee harasses another for any reason. While it is not easy to define precisely what harassment is, it includes: slurs, epithets, threats, derogatory comments or visual depictions, unwelcome jokes and teasing. Any employee who feels that (s)he is a victim of such harassment should immediately report the matter to the General Manager or any other member of Management. The company will investigate all such reports as confidentially as possible. Adverse action will not be taken against an employee because he or she, in good faith, reports or participates in the investigation of a violation of this policy. Violations of this policy are not permitted and may result in disciplinary action, up to and including discharge.
Sexual harassment of one employee by another employee, supervisor or third party is against company policy and is unlawful under state and federal law. Harassment of third parties by our employees is also prohibited.
Sexual Harassment of any kind will not be tolerated. Violations of this policy may result in disciplinary action, up to and including termination. Retaliations against an individual who has reported or complained about sexual harassment and retaliation against individuals who cooperate in an investigation of a sexual harassment complaint is unlawful and will not be tolerated by this company.
In Massachusetts, the legal definition for sexual harassment is this: “sexual harassment” means sexual advances, requests for sexual favors and verbal or physical conduct of a sexual nature when:
- submission to or rejection of such advances, requests or conduct is made either explicitly or implicitly a term or condition of employment or as basis for employment decisions; or
- such advances, requests or conduct have the purpose or effect of unreasonably interfering with an individual’s work performance by creating an intimidating, hostile, humiliating or sexually offensive work environment.
Under these definitions, direct or implied requests by a supervisor for sexual favors in exchange for actual or promised job benefits such as favorable reviews, salary increase, promotions, increased benefits or continued employment constitutes sexual harassment. The legal definition of sexual harassment is broad and in addition to the above examples, other sexually oriented conduct, whether intended or not, that is unwelcome and has the effect of creating a work place environment that is hostile, offensive, intimidating or humiliating to male or female workers may also constitute sexual harassment. This may include the dissemination of sexually explicit voice mail, e-mail, graphics, downloaded material or websites in the workplace. While it is not easy to define precisely what sexual harassment is, it includes:
- Unwelcome sexual advances.
- Requests for sexual favors.
- Verbal or physical conduct of a sexual nature, when submission to that conduct is made either explicitly or implicitly as a condition of employment.
- Verbal or physical conduct of a sexual nature, when submission to or rejection of such conduct by an individual is used as a component of the basis for employment decisions affecting that individual.
- Verbal or physical conduct of a sexual nature that has the effect of interfering with an individual’s work performance or creating an intimidating, hostile or offensive work environment.
Examples of sexual harassment include, but are not limited to: sexually-related drawings, pictures, joked, teasing, uninvited touching or other sexually-related comments. Any employee who feels that (s)he is a victim of sexual harassment should immediately report such actions in accordance with the following procedure. All complaints will be promptly and thoroughly investigated.
- Any employee who believes (s)he has been sexually harassed or retaliated against for complaining of sexual harassment should report the situation immediately to either Dan Duplessis at 15 Liberty Way, Franklin, MA 02038 (508) 520-8557 (who has been designated to receive such complaints), or to his/her supervisor, or to Chris Bozer at 9025 South Kyrene Road, Suite 107, Tempe, AZ 85284 (480)736-8987. If an employee prefers not to discuss the matter with these individuals, (s)he may go directly to any other member of management.
- The company will investigate every reported incident immediately. Any employee, supervisor or agent of the company who has been found to have violated this policy may be subject to disciplinary action, up to and including immediate discharge.
- The company with conduct all investigations in a discreet manner. Our company recognizes that every investigation requires a determination based on all the facts in the matter. We also recognize the serious impact a false accusation may have. We trust that all employees will continue to act responsibly.
- The reporting employee and any employee participating in any investigation under this policy have the company’s assurance that no reprisals will be taken as a result of a sexual harassment complaint made in good faith. It is our policy to encourage discussion of the matter, to help protect others from being subjected to similar inappropriate behavior.
We strongly encourage employees to file a complaint of sexual harassment using our company’s complaint procedure. However, using our internal complaint process does not prohibit you from contacting one of the following agencies:
Massachusetts Commission Against Discrimination Boston Office: One Ashburton Place Room 601 Boston, MA 02108-1518 (617) 994-6000 (voice), (617) 994-6196 (TTY), Springfield Office: 436 Dwight Street Room 220 Springfield, MA 01103 (413) 739-2145.
Equal Employment Opportunity Commission: John F. Kennedy Federal Building, Government Center, 4th Floor, Room 475, Boston, MA 02203 (617) 565-3200 (voice), (617) 565-3204 (TTY). Complaints must be files within 300 days of the adverse action.
Nothing in this handbook is intended to create a contract of employment either expressed or implied. Any employee who does not have a written contract of employment is an at-will employee. At-will employment means that either party can terminate the employment relationship at any time for any reason or no reason. This at-will employment policy cannot be modified by any statement in this handbook or other policy or any statement, oral or written, by any management personnel.
Categories of Employees
It is the company’s policy that you be assigned to one of the following employee status categories to determine eligibility for benefits and employment requirements.
Full-time employees are regularly scheduled (non-temporary) employees who work a minimum of thirty (30) hours per week or as defined per company business line, entity and/or collective bargaining unit. You are eligible for the company’s benefit programs, subject to the actual terms, conditions and limitations of the company’s programs, policies and provisions.
Part-time employees are regularly scheduled (non-temporary) employees who work less than thirty (30) hours per week or as defined per company business line, entity and/or collective bargaining unit. Part-time employees receive all legally mandated benefits (such as social security and workers? compensation insurance); however, you are generally not eligible for company benefit programs, subject to the actual terms, conditions and limitations of the company’s programs, policies and provisions.
Per Diem employees work on an “as needed” (PRN) basis or on a temporary basis with no regularly scheduled hours. While you receive all legally mandated benefits( such as social security and workers’ compensation insurance), you are generally ineligible for all the company’s other benefit programs.
Nonexempt employees must be paid at least the applicable minimum wage and receive overtime pay at the rate of time and one-half for all hours over 40 worked in a workweek (vacation, holiday and bereavement time inclusive in the calculation of overtime if paid but not worked. e.g. sick time.) or, when required by applicable state law, you may receive overtime pay based on the number of hours worked in a day or pay period. Any position that does not qualify under a specific exemption (see below) is considered nonexempt.
Exempt employees are excluded from specific provisions for the Fair Labor Standards Act (FLSA) and/or state wages and hour laws, including payment of overtime. You must be paid on salary or fee basis and satisfy the requirements of an exempt executive, professional or administrative employee or outside sales employee under the applicable federal and state laws.
Contract labor are employees hired in relation to an outsourced labor agreement with a specific customer. Within this category, employees may be classified as full time, exempt, non-exempt, per diem, part time, seasonal, or temporary help.
Sales Representatives are full time commission based employees who are eligible for the Company’s Health and Welfare benefits as well as 401k. In addition, you receive all legally mandated benefits( such as social security and workers’ compensation insurance), but are ineligible for accrued vacation or sick time as well as any other paid benefits.
Talk to Us
We encourage you to bring your questions, suggestions and complaints to our attention. We will consider each of these in our continuing effort to improve operations. If you feel you have a problem, present the situation to your supervisor so that the problem can be settled by examination and discussion of the facts. We hope that your supervisor is able to satisfactorily resolve most matters.
If you still have questions after meeting with your supervisor or if you would like further clarification on the matter, request a meeting with the General Manager. S(he) will review the issues and meet with you to discuss possible solutions. Finally, if you still believe that your problem has not been fairly or fully addressed, request a meeting with an officer of the Company.
Your suggestions and comments on any subject are important, and we encourage you to take every opportunity to discuss them with us. Your job will not be adversely affected in any way because you chose to use this procedure.
If at any time you do not feel comfortable speaking with your supervisor or the next level of management, discuss your concern with any other member of management with whom you feel comfortable.