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Employee Manual Approved by the Board: 02/26/2020 Approved by USDA 04/07/2020

HAB Employee Manual V3 (01475822) - Hass Avocado Board · 2014. 10. 1. · HAB reserves the right to make changes to this handbook and to any employment policy, rules or benefits,

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Page 1: HAB Employee Manual V3 (01475822) - Hass Avocado Board · 2014. 10. 1. · HAB reserves the right to make changes to this handbook and to any employment policy, rules or benefits,

Employee Manual

Approved by the Board: 02/26/2020 Approved by USDA 04/07/2020

Page 2: HAB Employee Manual V3 (01475822) - Hass Avocado Board · 2014. 10. 1. · HAB reserves the right to make changes to this handbook and to any employment policy, rules or benefits,

TABLE OF CONTENTS Policy Approved by Board 02/26/2020

Policy Approved by USDA 04/07/2020

Welcome to HAB.............................................................................................................................................................. 1

I. ADMINISTRATIVE POLICIES................................................................................................................................. 3

Personal Information ................................................................................................................................................. 3

Personnel Files ............................................................................................................................................................ 3

Employee Classifications........................................................................................................................................... 3

Full-time ................................................................................................................................................................ 3

Part-time ............................................................................................................................................................... 3

Temporary............................................................................................................................................................ 3

Non-Exempt......................................................................................................................................................... 3

Exempt .................................................................................................................................................................. 3

Office Hours and Schedules .................................................................................................................................... 3

Telecommuting ........................................................................................................................................................... 4

Timekeeping Requirements ..................................................................................................................................... 4

Overtime Pay .............................................................................................................................................................. 4

Pay Periods/Pay Days/Paychecks ............................................................................................................................ 4

Advances ...................................................................................................................................................................... 4

Payroll Deductions..................................................................................................................................................... 5

Attendance and Punctuality ..................................................................................................................................... 5

Meal Periods/Rest Breaks......................................................................................................................................... 5

Lactation Accommodation....................................................................................................................................... 5

Driving for Board Business ...................................................................................................................................... 5

Housekeeping.............................................................................................................................................................. 5

Office Facilities............................................................................................................................................................ 5

Use of Equipment ....................................................................................................................................................... 5

Appearance/Grooming Standard ............................................................................................................................ 6

Page 3: HAB Employee Manual V3 (01475822) - Hass Avocado Board · 2014. 10. 1. · HAB reserves the right to make changes to this handbook and to any employment policy, rules or benefits,

Telephone/Cellular Use ............................................................................................................................................ 6

Personal Mail ............................................................................................................................................................... 6

Travel & Expense Reimbursement......................................................................................................................... 6

Complaints................................................................................................................................................................... 6

News Media Contacts............................................................................................................................................... 6

Visitors.......................................................................................................................................................................... 7

Suggestions................................................................................................................................................................... 6 II. EMPLOYEE BENEFITS .......................................................................................................... 7

Social Security ............................................................................................................................................................. 7

Workers’ Compensation Insurance ...................................................................................................................... 7

State Disability Insurance ......................................................................................................................................... 7

Leaves of Absence...................................................................................................................................................... 7

Jury Duty............................................................................................................................................................... 7

Witness Duty....................................................................................................................................................... 7

Disability Leave Due to Pregnancy, Childbirth or Related Medical Condition.................................... 7

Military Leave....................................................................................................................................................... 7

School Leave ........................................................................................................................................................ 7

Religious Accommodations .............................................................................................................................. 7

Bereavement Leave ............................................................................................................................................ 8

Voting .................................................................................................................................................................... 8

Domestic Violence or Sexual Assault Victim Leave................................................................................... 8

Parental Leave...................................................................................................................................................... 8

Abuse Resulting in Victimization ..................................................................................................................... 9

Victim of Crime Leave....................................................................................................................................... 9

Personal Leave..................................................................................................................................................... 9

Unemployment Insurance ........................................................................................................................................ 9

Medical, Dental & Vision Insurance ....................................................................................................................... 9

COBRA....................................................................................................................................................................... 10

Page 4: HAB Employee Manual V3 (01475822) - Hass Avocado Board · 2014. 10. 1. · HAB reserves the right to make changes to this handbook and to any employment policy, rules or benefits,

Long Term Disability Insurance ............................................................................................................................ 10

Life/Accidental Death & Dismemberment Insurance ...................................................................................... 10

Profit Sharing Plan/Defined Contribution........................................................................................................... 10

Vacation ...................................................................................................................................................................... 10

Sick Leave................................................................................................................................................................... 11

Holidays ...................................................................................................................................................................... 11 II1. GENERAL POLICIES AND COMMITMENTS................................................................... 11

Equal Employment Opportunity Commitment ................................................................................................. 11

Americans with Disabilities Act/Fair Employment & Housing Act............................................................... 11

Policy Against Harassment..................................................................................................................................... 12

Employment At-Will................................................................................................................................................ 13

Communications and Problem Resolution......................................................................................................... 13

Mandatory Arbitration ............................................................................................................................................ 13

Eligibility to Work .................................................................................................................................................... 13

New Employees Introductory Period ................................................................................................................. 14

Pay for Mandatory Meetings/Training.................................................................................................................. 14

Use of Electronic Media.......................................................................................................................................... 14

Social Media Policy ................................................................................................................................................... 15

Gift Policy/Tips.......................................................................................................................................................... 16

Conflict of Interest................................................................................................................................................... 16

Confidentiality and Proprietary Information ..................................................................................................... 16

Outside Employment............................................................................................................................................... 17

Prohibited Conduct/Work Rules ......................................................................................................................... 17

IV. SAFETY.................................................................................................................................. 17

Injury and Illness Prevention Program/Workplace Security Program ......................................................... 17

Drug-Free Workplace Policy ................................................................................................................................ 17

Smoking ...................................................................................................................................................................... 17

Firearms/Weapons................................................................................................................................................... 18

Page 5: HAB Employee Manual V3 (01475822) - Hass Avocado Board · 2014. 10. 1. · HAB reserves the right to make changes to this handbook and to any employment policy, rules or benefits,

Equipment Operation.............................................................................................................................................. 18

Unsafe Condition ..................................................................................................................................................... 18

Accidents.................................................................................................................................................................... 18

Emergency.................................................................................................................................................................. 18

Evacuation .................................................................................................................................................................. 18

Termination ............................................................................................................................................................... 18 V. EMPLOYEE ACKNOWLGEMENT ......................................................................................... 19

Page 6: HAB Employee Manual V3 (01475822) - Hass Avocado Board · 2014. 10. 1. · HAB reserves the right to make changes to this handbook and to any employment policy, rules or benefits,

Welcome to Hass Avocado Board Welcome to the Hass Avocado Board (“HAB” or the “Board”). The Hass Avocado Board is the avocado category leader in the United States and the Hass Avocado Industry leader around the world. Our efforts support avocado growers in producing countries around the world and importers in the United States. Their success is our success. Their dedication is matched by ours through the services of a 12-member board representing domestic producers and importers of Hass Avocados that directs the HAB’s promotion, research and information programs developed to drive demand.

This handbook lays out the basic principles of our organization’s culture and provides the details of HAB’s employee policies. It also describes the basic terms and conditions of your at-will employment with HAB. I encourage you to read it carefully so that you are aware of your rights and know how to address many work related questions. Unless otherwise indicated in this Employee Manual, all references to the “Act” refer to the Hass Avocado Promotion, Research, and Information Act of 2000, Public Law 106-387, codified at 7 U.S.C. 7801-7813 and all references to the “Order” refer to the Hass Avocado Promotion, Research, and Information Order, 7 C.F.R. Part 1219.

HAB reserves the right to make changes to this handbook and to any employment policy, rules or benefits, without prior notice. However, any such change will be effective only if it is in writing from the Board of Directors of HAB. Except as provided in this handbook, no one has the authority to make any promise or commitment different from what is in this handbook.

Keep in mind that this version of the handbook supersedes all previous versions. If you have any questions about its contents, please let me know.

ON A PERSONAL NOTE, we operate under USDA oversight and we are encouraged to have detailed policies such as the ones included in this book, we also have a 3 word rule on just about everything:

USE GOOD JUDGMENT

This applies to social media, travel, sick days, schedules, communications, appearance/attire code, meal periods, breaks, use of equipment, and many other things, etc. What does “Good Judgment” mean? Favor your team over yourself and favor the Board over your team. Remember that acting in our stakeholder’s interest is our long-term interest too.

Sincerely,

Emiliano Escobedo Executive Director Hass Avocado Board

Page 7: HAB Employee Manual V3 (01475822) - Hass Avocado Board · 2014. 10. 1. · HAB reserves the right to make changes to this handbook and to any employment policy, rules or benefits,

A NOTE ABOUT CULTURE We are obsessed about avocados. We eat them every day, we photograph them, we look for them while on vacation, we talk about them with our friends and family and our friends talk to us about them. In our personal lives, people get to know us as the avocado guy, lady, neighbor, hero, expert, etc.

A great culture helps people deliver their best work. With great people comes great responsibility and success is defined when our group achieves our collective potential. We are a small team, and we care about having great colleagues rather than having “a good boss”. As a team:

• We believe in our mission and work hard for it!

• We humbly serve our industry and we acknowledge that our success is our stakeholders’

success

• For every decision we ask ourselves: What’s in it for the stakeholder? We always solve for the stakeholder

• We are transparent, because we are stronger by sharing knowledge, not hoarding it

• We are approachable

• We speak the truth and face the facts

• We always listen, and constantly learn

• We are proud of our past successes and we look forward to the challenges ahead

• When we speak about the avocado category, we provide a global vision for our industry and we do so

with confidence and leadership Finally, we all share a common purpose and vision:

• To be the premier organization leading the way towards the industry’s long term vision.

• To be committed to developing first-class marketing, research and information programs that

contribute to growing sustainable demand for our stakeholders and industry members worldwide. Avocados generate jobs and help the economy; avocados are also a wholesome source of nutrients that can help people live better lives. If we try our best, and enjoy the ride while doing so, we will accomplish things that will lead us to celebrate success. If we fail, then we will reflect on the following quote by Tim O’Reilly, a supporter of the free software and open source movements:

“Pursue something so important that even if you fail, the world is better off with you having tried”–Tim O’Reilly

Page 8: HAB Employee Manual V3 (01475822) - Hass Avocado Board · 2014. 10. 1. · HAB reserves the right to make changes to this handbook and to any employment policy, rules or benefits,

ADMINISTRATIVE POLICIES Personal Information As a condition of employment, all Employees of HAB must provide HAB with the following information and update this information whenever necessary:

• Current home address and phone number;

• Social Security number and W-4 withholding information;

• Date of birth;

• Name, address and phone number of person(s) to be reached in case of an emergency;

• Any change in marital status where that change will affect W-4 withholding;

• Changes in status affecting Eligibility for Employment (I-9)

• Changes affecting driver’s license and insurance status (for Employees members driving on

Board business).

Personnel Files: Personnel files of HAB Employees are the property of the Board but will be made available to Employees for review upon request. Certain documents may be excluded or redacted from your personnel file by law, and there may be legal limitations on the nature of the disclosure that can be made. Disclosure of personnel information to outside sources, other than your designated representative, will not be allowed. However, HAB will cooperate with request from authorized law enforcement or local, state, or federal agencies conducting official investigations and as otherwise legally required.

Employee Classifications: HAB employees are classified according to the following:

Full-time: Employees who are regularly scheduled to work at least forty (40) hours per week and are eligible for all benefits identified in this manual.

Part-time: Employees who are regularly scheduled to work less than forty (40) hours per week. Such Employees earn benefits, pro-rated, based on the number of hours they work, compared to Full-time employees.

Temporary: Those employed for short-term assignments. Short-term assignments will generally be periods of three (3) months or less, however, such assignments may be extended. Temporary employees are not eligible for employee benefits except where mandated by applicable law. In addition to the above, employees will also be classified as one of the following:

Non-Exempt: Employees who do not meet the criteria for exemption from overtime under state or federal laws. These individuals must be paid overtime according to specific regulations which are outlined in the following sections.

Exempt: Employees who are bona fide executive, administrative or professional persons, as defined by state and federal law and are exempt from overtime pay. These individuals do not qualify for overtime pay.

Classifications will be assigned at the time of hire and cannot be changed except by written authorization of HAB.

Office Hours and Schedules: HAB's office is normally open for business between the hours of 8:00 a.m. to 5:00 p.m., Monday – Friday. The Executive Director will assign individual work schedules if necessary.

Page 9: HAB Employee Manual V3 (01475822) - Hass Avocado Board · 2014. 10. 1. · HAB reserves the right to make changes to this handbook and to any employment policy, rules or benefits,

If a Staff member needs to change their schedule, they must discuss it with the Executive Director and receive authorization before the change will occur. Work schedule changes will be approved in only special circumstances that do not create an undue burden on the Board or if the change results in additional wage and/or overtime liability for the Board.

Telecommuting: Telecommuting is the practice of working away from the office instead of physically traveling to a central workplace. Telecommuting is an alternative method for an employee to meet the needs of the organization in those specific circumstances when their duties can be completed while working away from the office. Telecommuting is s not a universal employee benefit. As such, HAB has the right to refuse to make telecommuting available to an employee and to terminate a telecommuting arrangement at any time. Generally, to qualify for this arrangement, it must be shown that the employee’s compensation, benefits, work status, work responsibilities, performance standards, and the typical amount of time the employee generally works per day or per pay period will not change due to the telecommuting arrangement. The decision to approve a telecommuting arrangement will be based on factors such as position and job duties, performance history, related work skills, and the impact on the organization. If approved, an employee must enter into a telecommuting agreement with HAB. Employees working away from the office work and project deadlines will conform to a schedule agreed upon by the employee and his/her supervisor. During working hours, an employee's away from the office workspace will be considered an extension of HAB’s workspace. Employees allowed to telecommute agree to maintain safe conditions in the away from the office workspace and to practice safety habits. In the case of an injury while working away from the office, employees must immediately seek medical treatment and report the injury to the or to the Executive Director as soon as is practicable.. Employees who telecommute are expected to follow all appropriate rules and regulations of the Employer regarding security and confidentiality of information, including computer data and files security. The Employee will apply approved safeguards to protect records from unauthorized disclosure or damage. All records, papers, and correspondence must be safeguarded for their return to the office.

Taking time off and keeping track of time: Exempt employees must indicate any time they are absent from work for one or more full days, or partial days when applicable. Use corresponding forms for reporting time off and submit them to the Executive Director. Non-exempt staff must accurately record their own time at the start and at the end of each work day, along with the beginning and end of the meal period. Non-exempt employees are required to submit timesheets to the Executive Director on or about the 10th and 25th of each month (at least 3 business days prior to each pay day).

Overtime Pay: This applies only to persons who are non-exempt. Only overtime work assigned and approved in advance by the Executive Director will be allowed. Overtime pay applies to all hours worked in excess of eight (8) hours per day and/or forty (40) hours per week, and will be paid at the rate of one and one-half (1½) times the Employee’s regular rate of pay.

Pay Periods/Pay Days/Paychecks: Pay periods for non-exempt employees run from the 11th – 25th and the 26th – 10th of the month. Pay periods for exempt employees run from the 1st to the 15th and the 16th through the end of the month. Pay days are on the 15th and 30th of the month. Each pay day includes payment for all hours worked since the prior pay day. The workweek begins at 12:01 a.m. on Sunday and ends at 12:00 Midnight on the following Saturday. Paychecks will be distributed to employees at the office on designated paydays. Staff may also elect to have their checks deposited directly into a financial institution of their choosing. Employees who elect direct deposit may obtain forms for this option from the Senior Director of Finance and Administration. Employees may also stop direct deposit by providing written notice at least ten (10) work days in advance of the pay day. If an Employee believes there is an error on their check or pay stub, they should report it immediately to the Senior Director of Finance and Administration.

Page 10: HAB Employee Manual V3 (01475822) - Hass Avocado Board · 2014. 10. 1. · HAB reserves the right to make changes to this handbook and to any employment policy, rules or benefits,

If a regular payday falls on a Saturday, Sunday or holiday, employees will be paid on the immediately preceding workday.

Advances: HAB does not permit advances against paychecks or against any paid benefit. Payroll Deductions: Employee’s pay is subject to the following payroll deductions:

• Federal, State Social and Security income taxes;

• State Disability Insurance

• Garnishments

• Health benefits premium co-payments

No other deduction will be made unless specifically authorized in writing by the Employee. Questions regarding payroll deductions should be directed to the Senior Director of Finance and Administration.

Attendance and Well-being of the Group: Staff is expected to work as scheduled. We also encourage staff to:

• Maintain reasonable health standards and take precautions against illness; In other words, if ill, don’t

bring your germs to the office – follow the three word policy (use good judgment).

• Schedule personal matters outside of working hours when possible. If an Employee expects to be late or absent from work, he/she should personally notify the Executive Director and/or Senior Director of Finance and Administration as soon as practicable. In any case of an extended absence, the Executive Director may require a physician’s statement verifying the employee’s ability to return to work.

Rest Breaks/Meal Periods: Staff is allowed to take one ten-minute break for each four hours of work. Rest periods are counted as time worked, and no deduction from an Employee’s pay will be made. It is your responsibility to make sure that you are relieved of all duty during your rest break periods. You are free to come and go as you please and are free to leave the premises. You are expected to return to work promptly at the end of any rest break

Staff is likewise required to take a one-hour meal period before the end of the fifth hour of work. Meal breaks are not considered working time and are not paid. Meal periods are not considered working time and are not paid. It is your responsibility to make sure that you are relieved of all duty during your rest break periods. You are free to come and go as you please and are free to leave the premises. You are expected to return to work promptly at the end of any rest break. If you have any issues in taking your rest or meal periods, it is your responsibility to contact the Senior Director of Finance and Administration or Executive Director.

Lactation Accommodation: HAB will accommodate mothers who would like to express milk after returning to work. In order to do so, HAB will provide the use of a private room, close to the Employee’s work area and allow sufficient break time to express milk at work.

Driving for Board Business: From time to time you will drive on board business (excluding driving to and from, home to work). While driving for company business and/or on company time, attention to the road and safety should always take precedence over using the phone or work duties. Keep in mind that any traffic and/or parking violations are your responsibility. HAB will not be responsible for any violations.

Housekeeping: Staff should take responsibility for his/her own work space and maintain its overall general

Page 11: HAB Employee Manual V3 (01475822) - Hass Avocado Board · 2014. 10. 1. · HAB reserves the right to make changes to this handbook and to any employment policy, rules or benefits,

appearance at all times. Office Facilities: A kitchen has been provided for use by staff. Please clean up whenever you are finished using the kitchen.

Use of Equipment: When using HAB property and equipment, Staff is expected to exercise care, perform required maintenance and follow all operating instructions, safety standards and guidelines. Please notify the Senior Director of Finance and Administration if any equipment appears to be damaged, defective or needs repair. Board equipment other than employee laptops, tablets and cellphones is not to be removed from the premises except with written authorization from the Executive Director. Personal use of Board equipment is not permitted. If you damage or lose the equipment due to negligence you will be responsible for repairing or replacing it. Appearance/Grooming Standard: Use good judgment. Acceptable clothing for office staff include: jeans, dress slacks, dresses and skirts, shirts and tops that fit comfortably. Footwear should also be appropriate. If you are uncertain about what is appropriate, ask other employees.

Telephone/Cellular Use: Follow the three word policy. Restrict personal use of office Board telephones to urgent matters. Incoming phone calls of a personal nature should not become excessive or distracting. Personal calls and or text messaging should be limited, please don’t abuse and don’t be disrespectful.

When answering Board telephones please use a cordial greeting that includes “Hass Avocado Board” in it and speak in a friendly and professional manner. If you take a message, please make sure it gets passed to the proper individual in a timely manner.

Personal Mail: Employees may not use HAB to receive personal mail or packages unless you don’t mind others opening the mail or package sent to you upon arrival.

Travel & Expense Reimbursement: Employees will be reimbursed for reasonable, out-of-pocket expenses incurred pursuant to HAB policies in carrying out assigned job responsibilities. Expenses must be submitted for reimbursement on a monthly basis to the Senior Director of Finance and Administration for processing. Employees must follow the reimbursement policy and failure to submit expenses timely may result in discipline, up to and including termination. Mileage will be reimbursed at the rate identified by the IRS, as appropriate for business travel. Expense reports are approved by the Executive Director.

Complaints: In the event that a Staff member receives a complaint from a member, grower, importer, etc. they should immediately notify the Executive Director. Don’t attempt to handle the complaint

unless it is obviously a simple and minor matter that is easily and immediately correctible. If the Executive Director is not present, you should take the person’s name, address and telephone number and assure him or her that it will be addressed promptly. If the person is not satisfied with leaving their phone number, schedule a time for the Executive Director to speak with the person. Do not ignore a complaint, remember that many times prompt and courteous attention can help avoid problems. News Media Contacts: Anyone approached by members of the media should refer them immediately to the office of the Executive Director without comment. If the media calls or contacts you and the Executive Director is not available then,

I. Take the reporter’s name

II. Note the media outlet

III. Ask what they are calling about

IV. Ask when is their deadline

Page 12: HAB Employee Manual V3 (01475822) - Hass Avocado Board · 2014. 10. 1. · HAB reserves the right to make changes to this handbook and to any employment policy, rules or benefits,

Unless previously authorized to speak to the media. Please don’t answer any questions. If asked by a reporter, please say “I can’t comment, you will need to speak with the Executive Director”, then follow the steps above. It’s encouraged that you review the Crisis Manual and become familiar with it.

Visitors: Employees may invite guests to visit the Board premises. While on the Board property, the guests or visitors shall follow all Board rules. Please allow guests and visitors to wait in the main lobby until they are greeted by you. Please don’t leave guests alone during their visit. This allows the Board to ensure a safe and secure work environment, while protecting its Employees and Board assets. Suggestions: We are always interested in any ideas or suggestions. Anyone who has a suggestion that would save costs, improve office environment, address stakeholders’ interest should let the team and/or the Executive Director know.

EMPLOYEE BENEFITS

Social Security: Employees are covered under the U. S. Social Security law, and the Board is required to withhold from the Employee's wages each pay period a prescribed amount for retirement benefits.

Workers' Compensation Insurance: HAB provides Workers' Compensation Insurance at no cost to Employees for any job-related injury or illness that prevents an Employee from working. You can request for an Employee Claim Form by contacting the Executive Director/Senior Director of Finance and Administration.

State Disability Insurance: Each employee contributes to the State of California to provide disability insurance pursuant to the California Unemployment Insurance Code. Contributions are made through a payroll deduction. Disability insurance is payable when you cannot work because of illness or injury not caused by employment at HAB or when you are entitled to temporary workers' compensation at a rate less than the daily disability benefit amount. Specific rules and regulations governing disability are available from the Supervisor.

Leaves of Absence: Generally speaking, employees on leaves of absences are covered under the group medical insurance plan remain eligible for coverage only through the last day of the month that they are actively at work (unless required otherwise by law). While Employees are on a leave of absence they earn no pay and are not eligible for vacation accrual, except where required by law as indicated below.

Jury Duty: After their introductory period, HAB will grant paid time off up to ten (10) days to Full-time Employees to serve jury duty upon presentation of the jury summons to their Supervisor. Part-time and Temporary Employees will be granted time off without pay. Any Employee released from jury duty during their regularly scheduled shift shall return to work.

Witness Duty: HAB will grant Employees time off to act as a witness upon presentation of a copy of the subpoena to their Supervisor. Such time off will not be paid.

Disability Leave Due to Pregnancy, Childbirth or Related Medical Condition: Employees disabled due to pregnancy, childbirth or related medical condition may qualify for leave of absence for the duration of their disability, up to a maximum of four (4) months. Any Employee who believes they may qualify for such disability leave must present the Executive Director with a physician's statement of disability and must return to work upon release by their physician following the disability. A pregnant employee may use accrued vacation time or other accrued paid leave during the period of time which she takes pregnancy leave Any disability lasting in excess of four (4) months will be granted, but the Employee will not be guaranteed a return to work after four (4) months of leave. Please feel free to speak to the Executive Director about possible accommodations due to pregnancy and childbirth or related conditions.

Military Leave: HAB provides military leaves of absence to all full-time Employees in compliance with

Page 13: HAB Employee Manual V3 (01475822) - Hass Avocado Board · 2014. 10. 1. · HAB reserves the right to make changes to this handbook and to any employment policy, rules or benefits,

applicable state and federal laws. Any Employee requesting military leave should submit such request promptly and accompany any such request with a copy of their orders indicating the beginning and ending dates of their active duty period. Such time off will not be paid.

School Leave: HAB will also grant unpaid time off to an Employee whose child is facing suspension from school to attend a meeting at the school to discuss the matter. The Employee must give reasonable notice to the Executive Director before leaving work.

Religious Accommodations: HAB will accommodate Employee religious needs so long as the Employee can establish the nature of the accommodation and provide advance notice of the need for the accommodation. Requests for accommodation must be made in writing and must include the requested accommodation and the religious faith requiring the accommodation.

Bereavement Leave: Employees who have completed their introductory period will be provided up to five (5) consecutive working days off to arrange and/or attend the funeral of an immediate family member. For purposes of this policy, an Employee’s immediate family member is defined to include the Employee’s current spouse, children, registered domestic partner, parent, sibling, current parent-in-law, current child-in-law, grandparents, and grandchildren. Full-time employees will be paid their regular pay for each day of absence. Part-time and Temporary Employees are not eligible for pay of bereavement leave.

Voting: HAB encourages Employees to act on their right to vote. Therefore, any Employee who cannot cast their ballot outside their normal working hours may request and be granted up to two (2) hours off in order to vote. Such a request should be made to their Supervisor or manager at least one (1) day before the election date, and all requests must be made in writing. Such time off shall be granted with pay and the Employee shall bring the voter's receipt to their Supervisor or manager on the next regular workday.

Domestic Violence or Sexual Assault Victim Leave: Employees who are victims of domestic violence or sexual assault may request unpaid leave if involved in a judicial action, such as obtaining restraining orders, or appearing in court to obtain relief to ensure their own health, safety, or welfare, or that of their child. The Employee will be required to provide notice and certification of need to take leave under this policy. Certification may be sufficiently provided by any of the following:

• A police report indicating that the Employee was a victim of domestic violence or sexual assault;

• A court order protecting or separating the Employee from the perpetrator of an act of

domestic violence, or other evidence from the court or prosecuting attorney that the Employee appeared in court; or

• Documentation from a medical professional, domestic violence advocate, health-care provider, or

counselor that the Employee was undergoing treatment for physical or mental injuries or Parental Leave:

• HAB believes that all parents should be able to spend time with new members of a family such as newborn newly adopted children. Therefore, HAB has elected to provide paid Parental Leave to eligible employees who have or adopt a new child. Parental leave is not charged against the employee’s sick, personal and/or vacation time.

• Full-time employees who have completed one (1) year of continuous service at the time of birth or

adoption may apply for Parental Leave. The employee should be the child’s primary caregiver to qualify for Parental Leave. HAB will provide eligible employees up to sixteen (16) weeks of paid time annually

Page 14: HAB Employee Manual V3 (01475822) - Hass Avocado Board · 2014. 10. 1. · HAB reserves the right to make changes to this handbook and to any employment policy, rules or benefits,

for new births or adoptions. This time may be taken in large blocks or smaller increments, but must be taken in full days within 6 months of the event.

• Employees wishing to apply for Parental Leave should give at least 30 days written notice (or as much

notice as possible if the leave is not foreseeable) to their supervisor. The leave must be approved in writing by management before it is taken (except in emergency situations). During the leave, the employee will not earn additional sick leave or vacation, but HAB will continue to provide health insurance on the same basis as if the employee were continuing to work.

• This leave will run concurrent in cases where the employee also qualifies for Disability Leave due to Pregnancy, Childbirth or Related Medical Conditions under California law.

Abuse resulting in victimization from an act of domestic violence or sexual assault: HAB will, to the extent allowed by law, maintain the confidentiality of an Employee requesting leave under this provision.

The Employee may be eligible to seek medical attention or obtain services from a domestic violence shelter, program or rape crisis center.

Victim of Crime Leave: An Employee who is a victim of a violent crime, or whose immediate family member is a victim, may be eligible to take unpaid time off to attend judicial proceedings related to that crime. The Employee will be required to provide notice and certification of need to take leave under this policy. Certification may be sufficient if documentation evidencing the judicial proceeding from any of the following entities is provided:

• The court of government Board setting the hearing;

• The district attorney or prosecuting attorney; or

• The victim/office that is advocating on behalf of the victim.

HAB will, to the extent allowed by law, maintain the confidentiality of any records regarding the Employee’s absence from work.

Personal Leave: The Board reserves the right to grant additional unpaid leaves of absence for compelling reasons not already subject to the leaves of absence noted under this section. Requests for personal leave will be evaluated based on a number of factors, including amount of time requested, amount of time already taken, anticipated workload requirements and staffing considerations during the proposed period of absence. Any such leave shall be in the sole and absolute discretion of the Executive Director and shall not be subject to grievance or review. Any Employee wishing a personal leave of absence under this section should take a written request to the Employee’s Supervisor as soon as the need is known. While on personal leaves of absence, Employees may not work at other employment or on business for HAB unless specifically authorized in advance. If a Personal Leave of less than 30 days is approved by the Executive Director, HAB will reinstate the Employee to their position on their return date. However, when a Personal Leave exceeding thirty (30) days ends, HAB cannot guarantee reinstatement, but every reasonable effort will be made by HAB to return you to the same position, if it is available, or to a similar available position for which you are qualified. Personal leaves of absence shall be granted for a maximum of thirty (30) days but may be subject to an additional extension of thirty (30) days for additional compelling reasons. HAB will maintain benefits during the course of any Personal Leave that does not exceed thirty (30) days. During the course of any Personal Leave that exceeds thirty (30) days, you will become responsible for the full costs of these benefits if it qualifies for continuing COBRA coverage. If HAB is able to offer you a position after a Personal Leave exceeding thirty (30) days ends, benefits will again be provided by HAB according to the applicable plans.

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Unemployment Insurance: HAB employees are covered under the Federal Unemployment Compensation for Federal Employees Program (UFCE). Should your employment with HAB end, you may be eligible for Unemployment Insurance under the UFCE. Information about program requirements and claim forms are available from the Senior Director of Finance and Administration or from the USDA, AMS Commodity program.

PROVIDED BY HAB

Medical, Dental & Vision Insurance: HAB offers Full-time Employees health insurance beginning on the first (1st) day of the month following thirty (30) continuous days of employment. The Board pays the monthly premium for the Employee. Qualified Employees may also enroll their eligible dependents in the plan at their own expense. Information about the group medical, dental and vision insurance plans, including the cost of coverage, enrollment cards, payroll deduction forms, claim forms and information concerning rights to continue coverage is available from the Senior Director of Finance and Administration.

For group insurance, HAB reserves the right to change plans or benefits, discontinue or reduce coverage, and to change the Employee deductible at any time without prior notice. HAB will notify Staff of any such change and the effective date for the change. Please notify the Senior Director of Finance and Administration immediately whenever there is a change in dependent status or whenever a dependent is no longer eligible for insurance coverage.

COBRA: In compliance with law, HAB provides continuation coverage of health benefits for any Employee who qualifies under the COBRA program. Continuation is triggered by a “qualifying event” which usually includes the end of employment or a reduction in hours, among other events. Any Employee interested in continuation coverage should consult the Executive Director/Senior Director of Finance and Administration.

Long Term Disability Insurance: HAB provides long-term disability insurance to Full-time Employees on the first of the month following 30 days of employment. Part-time and temporary Employees are not eligible for this benefit.

Life/Accidental Death & Dismemberment Insurance: HAB provides life insurance to Full-time Employees on the first of the month following 30 days of employment. Part-time and temporary Employees are not eligible for this benefit.

Profit Sharing Plan/Defined Contribution: HAB maintains a Profit Sharing/Defined Contribution Plan for full-time Employees who have completed 1,500 hours of employment on the first available entry date. The Board contributes 10% of the employee’s gross salary to the plan on an annual basis.

Vacation: Full time Employees earn paid vacation beginning the first pay period. Vacation is earned on the following schedule:

Years of Continuous Employment

Vacation Earned Cap on Accrual

Date of Hire - 36 months 8.67 hours earned per full month of work (approximately 13 days per year)

240 hours

37 months – 180 months 13.33 hours earned per full month of work (approximately 20 days per year)

240 hours

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181 months and thereafter 17.33 hours earned per full month of work (approximately 26 days per year)

312 hours

Part-time Employees regularly scheduled to work at least twenty (20) hours per week qualify for vacation on a pro-rated basis. Vacation will be available for use only after it is first accrued but no advance on vacation time or earnings will be available. Exempt Employees, Part-time Employees regularly scheduled to work less than twenty (20) hours per week and Temporary Employees do not earn vacation. No advances on vacation will be allowed as well. Employees may carry over vacation into the following year up to the cap listed on the table above. Once an employee has accrued up to the cap, they will cease to earn vacation until time off is taken to bring down the accrual cap, at which time the employee may begin to accrue vacation again. Any earned but unused vacation existing at the time of termination will be paid.

Vacation requests should be made to the Executive Director in advance allowing as much time as is practicable for the Executive Director to respond and plan for the absence of the employee. We are a small team so follow the three word policy and try to schedule vacation as far in advance as possible. When requests for vacation conflict with staffing requirements, HAB reserves the right to maintain adequate staffing. If a holiday falls during an eligible Employee’s vacation, the day shall be paid as a holiday and not as vacation.

Sick Leave: Employees will earn sick leave at a rate of 8.67 hours per month worked (approximately

13 days per year) with no cap on accrual from the date of hire. Any additional full days taken off related to injury or sickness will be unpaid time off unless accrued vacation is used. Sick leave is not cashed out at the end of employment. Any Employee who is absent on an extended basis may be required to provide a physician’s statement approving the employee’s return to work. The entire accrued sick time balance may be used to care for an ill parent, child, and spouse or registered domestic partner. Sick Leave may also be used for any medical/personal appointment related to health issues.

Holidays: Full-time Employees of HAB shall be granted paid time off for following holidays:

New Year’s Day Labor Day Martin Luther King’s Birthday Columbus Day Memorial Day Christmas Day

President’s Day Thanksgiving Day

Veteran’s Day Independence Day

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Eligibility: Unless otherwise provided in this policy, all full-time employees will receive time off with pay at their normal base rate of pay for each company-observed holiday. Part-time employees are not eligible for paid holiday benefits. Moreover, all employees are ineligible for paid holidays that take place while on leave of absence.

Weekends and Vacations: Holidays falling on Saturdays will normally be observed on the preceding Friday. Holidays falling on Sundays will normally be observed on the following Monday. Holidays that occur during an eligible employee’s vacation will not be counted as vacation days taken.

GENERAL POLICIES AND COMMITMENTS

Equal Employment Opportunity Commitment: HAB is committed to the concept and practice of equal employment opportunity in hiring, employment and promotional decisions. HAB seeks to employ and advance the best qualified applicant and Employee without regard to sex (including pregnancy, childbirth and related conditions), race, color, ancestry, religious creed, national origin, disability - physical and mental (including HIV and AIDS), medical condition, age, marital status, military or veteran status, sexual orientation (including gender identity and expression), genetic characteristic or any legally protected characteristic HAB has established policies and procedures, approved by AMS, to prohibit unlawful discrimination and retaliation. In doing so, HAB is committed to complying with applicable Federal, State, and local laws regarding civil rights and equal employment opportunity.

In accordance with HAB’s civil rights policies, the board is committed to maintaining an environment where:

•Employees are treated with respect and in a professional manner. •Conflicts and complaints are resolved quickly. •Employees and supervisors are able to discuss concerns openly without reprisal, or retaliation. •Employees, at every level, demonstrate a commitment to civil rights and equal opportunity for everyone through their work and actions.

Policy Against Harassment: In accordance with state and federal law, HAB has adopted and maintains strict enforcement of this policy against harassment. Harassment is any behavior which creates a work environment that is hostile, offensive or intimidating to the Employee and is made that way on the basis of their sex (including pregnancy, childbirth and related conditions), race, color, ancestry, religious creed, national origin, disability - physical and mental (including HIV and AIDS), medical condition, age, marital status, military or veteran status, sexual orientation (including gender identity and expression),genetic characteristic or any legally protected characteristic.

The intent of this policy is to eliminate harassment from occurring at work. All Employees are encouraged to cooperate and abide by this policy and must be aware that the Board will not condone or tolerate any such harassment.

Prohibited harassment, disrespectful or unprofessional conduct includes, but is not limited to, the following behavior:

• Verbal conduct such as epithets, derogatory jokes or comments, slurs or unwanted sexual advances, invitations, comments, posts or messages;

• Visual displays such as derogatory and/or sexually-oriented posters, photography, cartoons, drawings or gestures;

• Physical conduct including assault, unwanted touching, intentionally blocking normal movement or interfering with work because of sex, race or any other protected basis;

• Threats and demands to submit to sexual requests or sexual advances as a condition of continued employment, or to avoid some other loss and offers of employment benefits in return for sexual favors;

• Retaliation for reporting or threatening to report harassment; and

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• Communication via electronic media of any type that includes any conduct that is prohibited by state and/or federal law or by company policy.

Any Employee observing or subjected to harassment by another Employee, manager, customer, member or agent of the Board must promptly and fully report the facts of the incident and the names of the individuals involved to the Executive Director or Senior Director of Finance and Administration, or, if not comfortable with discussing it with those persons, the Employee may contact the Chairperson of the Board directly. Employees are also requested to put any complaints or concerns regarding these problems in writing, and are asked, but not required, to do so within a reasonable period of time. All reports will be promptly investigated in a confidential manner, and corrective action will be taken when appropriate. The Board will not retaliate against Employees making management aware of a complaint, and the Board will make every effort to deter and correct harassment from occurring at work. Complaint Procedure If you believe that you have suffered discrimination, harassment or any other misconduct, HAB wants to know about it, since such activity will not be tolerated. Employees should notify the Executive Director of any violation of this policy, or if the Executive Director is unavailable or the Employee is not comfortable with notifying the Executive Director, the Employee may contact the Senior Director of Finance and Administration. Employees are also requested to put any complaints or concerns regarding these problems in writing, and are asked, but not required, to do so within a reasonable period of time. This will allow HAB to promptly investigate and provide a response in a reasonable period of time. Any Employee who files a written complaint with the Executive Director/Senior Director of Finance and Administration and is not satisfied with the response or resolution may bring the matter to the attention of the Chairperson of the Board directly. All reports will be promptly investigated in a confidential manner, and corrective action will be taken when appropriate. HAB will not retaliate against Employees that file a complaint, and the Board will make every effort to deter and correct discrimination from occurring at work. HAB encourages all employees to report any instances of harassment forbidden by this policy immediately so that complaints can be resolved. In addition to the HAB's internal complaint procedure, employees should also be aware that the federal Equal Employment Opportunity Commission (EEOC) and the California Department of Fair Employment & Housing (DFEH) investigate and prosecute complaints of unlawful discrimination and harassment in employment. Employees who believe that they have been harassed may file a complaint with either of these agencies; using NHI's internal complaint procedure does not extend the time period for filing a claim with these agencies. The nearest office can be found by visiting the agency websites at www.dfeh.ca.gov and www.eeoc.gov. An Employee also has the right to bring a complaint against a board member for discrimination, harassment or any other misconduct. If the allegation involves a board member, the Executive Director or Senior Director of Finance and Administration will immediately report the allegations to AMS for investigation and handling. AMS has the primary responsibility to investigate and address all allegations of civil rights or equal opportunity violations, sexual harassment, violence, and other misconduct perpetrated by a board member. However, AMS’ responsibility to investigate does not confer any rights to board employees under the federal Equal Employment Opportunity statutes. Under certain limited circumstances an employee also has the right to assert a complaint for program discrimination with AMS under Title VI of the of the Civil Rights Act of1964. Board employees should contact AMS Civil Rights at 202-690-3640 for more information on filing a program discrimination complaint under Title VI of the Civil Rights Act of 1964.

Americans with Disabilities Act/Fair Employment & Housing Act: The Americans with Disabilities

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Act (ADA) and the Fair Employment & Housing Act (FEHA) prohibit discrimination in any terms or conditions of employment for qualified individuals with a disability. Both California and federal law require that employment decisions be based on the ability of a person to perform the essential functions of a job, and not the person’s disability or limitations. Further, it requires management to reasonably accommodate individuals with disabilities when necessary.

Any job applicant or employee who requires an accommodation in order to perform the essential functions of the job should contact the Executive Director of Vice President Finance and discuss the need for an accommodation. HAB will engage in an interactive process with the employee to identify possible accommodations, if any, that will help the applicant or employee perform the job. If the accommodation is reasonable and will not impose an undue hardship, the Company will make the accommodation.

HAB will not retaliate against you for requesting a reasonable accommodation and will not knowingly tolerate or permit retaliation by management, employees or co-workers. To comply with the ADA and FEHA, HAB will:

• Identify the essential functions of a job;

• Determine what impediments may exist to the person performing the job;

• Discuss with the Employee what options or accommodations may exist to permit the individual to fill

the position;

• Determine which accommodation will be granted;

• Notify the individual of the decision and explain the choice;

• Base the decision upon the facts as presented; and

• Document the process. Employment At-Will: California’s Labor Code specifies that an employment relationship with no specified duration is presumed to be employment “at-will”, which means that employment may be terminated at any time, without cause or reason, by either the employee or the employer. In addition, the Employer may also demote, layoff, transfer or reassign employees at any time without cause or reason. For scheduling purposes only, it is hoped that Employees who choose to leave HAB will give as much advance notice as possible.

No manager, supervisor, individual board member, or employee of the HAB has any authority to enter into an agreement for employment for any specified period of time or to make an agreement for employment on other than at-will terms. Only the Executive Director has the authority to make any such agreement, which is binding only if it is in writing.

Eligibility to Work: In order to comply with Federal Immigration Reform and Control Act (IRCA) of 1986, each Employee must complete an Employment Eligibility Verification Form (Form I-9) and present proper documents to establish their identity and employment eligibility at the time of employment.

Communications and Problem Resolution: HAB is committed to positive and genuine relations among colleagues. Part of this commitment requires good communications in both directions. We encourage open and frank discussion of problems, complaints, suggestions, or questions so that the work environment can be excellent, communications can be clear, and attitudes can be positive. HAB amply demonstrates its commitment to Employees by responding effectively to express concerns.

Employee’s suggestions and comments on any subject are important and are encouraged. Employees will not in

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any way adversely affect their job because they have brought a problem or concern to the attention of the Executive Director.

If Employees disagree with established rules of conduct, policies, or practices, they can express their concern through the problem resolution procedure. No Employee will be penalized, formally or informally, for filing a complaint in a reasonable, businesslike manner, or for using the following problem resolution procedure:

Step One: Notify the Executive Director or Senior Director of Finance and Administration of any issue and/or concern, in writing, within a week of the problem occurring. The Executive Director or Senior Director of Finance and Administration shall respond in writing within a week thereafter.

Step Two: If the response from the Executive Director or Senior Director of Finance and Administration is not satisfactory, then the Employee shall notify the Chairperson of the Board, in writing, within a week of receiving the Executive Director or Senior Director of Finance and Administration’s response or the matter shall be considered dropped. Upon receipt, the Chairperson of the Board shall respond to the Employee’s concern within a week. The Chairperson of the Board has full authority to make any adjustment deemed appropriate to resolve the problem.

Although not every problem can be resolved to all parties’ satisfaction, HAB will make every reasonable attempt to respond to Employee’s concerns, and to address legitimate and serious issues.

New Employees Introductory Period: HAB attempts to hire the most qualified for each position. HAB provides an introductory period of employment for the Employee to become acquainted with the job and for HAB to evaluate the new Employee, provide training and assess his/her job performance. This period varies depending on the position for which they were hired, but generally it will last for ninety (90) days of continuous employment. Note that, completion of the introductory period does not alter the “at-will” nature of the employment relationship nor guarantee continued employment, or a change in compensation.

Pay for Mandatory Meetings/Training: HAB will pay non-exempt employees for their attendance at meetings, lectures, and training programs under the following conditions:

• Attendance is mandatory;

• The meeting or training is not offered during normal work hours;

• The meeting, course, or lecture is directly related to the Employee’s job;

• The Employee will be paid at their regular rate of pay for time spent at meetings, lectures, and training

programs;

• Any hours in excess of eight (8) in a day or forty (40) in a week will be paid at the appropriate overtime rate.

Use of Electronic Media, Passwords and Content:

This policy is intended to protect the Board’s computer systems and electronic information.

For purposes of these policies, the following definitions apply: "Computers" are defined as desktop computers, laptops, handheld devices (including but not limited to iPhones, Black Berries, smart phones, iPads, and other electronic tablets and cell phones), computer software/hardware and servers, and .

HAB also uses various forms of "electronic communication." "Electronic communications" includes e-mail, text messages, telephones, cell phones and other handheld devices (such as cell phones, Blackberries or smart phones or writing tablets or iPads), fax machines, and online services including the Internet.

"Electronic information" is any information created by an employee using computers or any means of electronic

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communication, including but not limited to, data, messages, multimedia data, and files.

The following general policies apply:

• Computers and all data transmitted through HAB servers are Company property owned by the Company for the purpose of conducting Company business. These items must be maintained according to HAB rules and regulations. Computers must be kept clean and employees must exercise care to prevent loss and damage. Prior authorization must be obtained before any Company property may be removed from the premises.

• All electronic communications also remain the sole property of HAB and are to be used for Company business. For example, email messages are considered Company records.

• Electronic information created by an employee using any computer or any means of electronic communication is also the property of HAB and remains the property of HAB.

• Information stored in HAB computers and file servers, including without limitation is the property of the Company and may not be distributed outside the Company in any form whatsoever without the written permission of the Executive Director.

• Violation of any of the provisions of this policy, whether intentional or not, will subject HAB employees to disciplinary action, up to and including termination.

Monitoring of Company Property

HAB reserves the right to inspect all Company property to ensure compliance with its rules and regulations, without notice to the employee and at any time, not necessarily in the employee's presence. HAB computers and all electronic communications and electronic information are subject to monitoring and no one should expect privacy regarding such use. The Company reserves the right to access, review and monitor electronic files, information, messages, text messages, e-mail, Internet history, browser-based webmail systems and other digital archives and to access, review and monitor the use of computers, software, and electronic communications to ensure that no misuse or violation of Company policy or any law occurs. E-mail may be monitored by the Company and there is no expectation of privacy. Assume that e-mail may be accessed, forwarded, read or heard by someone other than the intended recipient, even if marked as "private."

Employee passwords may be used for purposes of security but the use of a password does not affect the Company's ownership of the electronic information or ability to monitor the information. Any personal password will be required to be provided to the Executive Director upon request and the Board reserves the right to override all personal passwords if necessary for any reason.

Employees are not permitted to access the electronic communications of other employees or third parties unless directed to do so by HAB management.

Prohibited Use

All existing Company policies apply to employee use of computers, electronic communications, electronic information, and the Internet. This includes policies that deal with misuse of Company assets or resources. It is a violation of HAB policy to use computers, electronic communications, electronic information, or the Internet, in a manner that: is discriminatory harassing or obscene; constitutes copyright or trademark infringement; violates software licensing rules; is illegal; or is against HAB policy. The display of any kind of sexually explicit multimedia content, message, or document on any Company computer is a violation of the Company's policy against sexual harassment. This description of prohibited usage is not exhaustive, and it is within the discretion of HAB to determine if there has been a violation of this policy. Employees that engage in prohibited use will be subject to discipline and/or immediate termination.

This policy is not intended to limit the ability of employees to discuss with other employees the terms and conditions of their employment, including such topics as wages, job performance, workload, supervisors, or staffing.

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Computer and Internet Use

HAB provides computers, electronic communications, electronic information and information technology resources, including the Internet, to its employees to help them do their job. Company provided computers; electronic communications, electronic information and the Internet are only to be used only for work-related purposes. No personal use of this Company property is permitted at any time. However, this policy is not intended to limit the ability of employees to use Company email systems to communicate with other employees regarding the terms and conditions of their employment, including such topics as wages, job performance, workload, supervisors or staffing. The trade secrets and confidential communication policy established by the Board under its code of conduct and ethics must be strictly adhered to, and Employees will follow all applicable state and federal laws, particularly related to confidentiality and the Health Insurance Portability and Accountability Act (HIPAA). Questions about access to electronic communications or issues relating to security should be addressed to the Executive Director or Senior Director of Finance and Administration.

Social Media Policy: Only authorized individuals are allowed to speak/write in the name of HAB using any social media tools such as LinkedIn, Twitter, Facebook or Instagram. Each employee is personally responsible for anything they do, say and post on online, even if they do not use their real name. For this reason:

- Don’t claim or leave the impression that you are speaking on behalf of HAB.

-

Your authorization is limited to business purposes and personal use of these social media tools or programs is prohibited and can result in discipline up to and including termination. Since posts and Internet communications can be easily attributed to HAB as your employer, Employees of HAB are encouraged to follow these social media standards at all times:

Don’t post or text any of the following:

• Videos or photos of the Board or anything that happens in the Board;

• Videos, photos or sound recordings that violate workplace policies;

• Inappropriate videos or photos that reflect poorly on the Employee, their job, the Board or could

harm another person’s reputation;

• Brand information, including operational standards, job aids, training materials, workplace policies and product specifications; and

• Personal information of HAB, its employees or others, such as name, phone number, address and

Social Security number. Employees should keep in mind that they are more likely to resolve work related complaints by speaking directly with co-workers, managers or by utilizing the Board Communication and Problem Resolution Procedure, than by posting complaints to a social media outlet. Nevertheless, if an employee decides to post complaints or criticism; avoid using statements, photographs, video or audio that reasonably could be viewed as malicious, obscene, threatening or intimidating, that disparage anyone, including board members, contractor’s associates, or that might constitute harassment or bullying. Examples of such conduct might include offensive posts meant to intentionally harm someone’s reputation or posts that could contribute to a hostile work environment on the basis of race,

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sex, disability, religion or any other status protected by law or Firm policy Do make it clear that what you are saying on Social Media is your own opinion.

Do think about the possible effects of the post before creating or publishing it.

Do keep in mind that HAB could monitor online postings and will report ANY crimes, including theft, vandalism, health code violations, food tampering/safety issues, to the proper authorities.

Note: This does not apply to recognition activities and other approved business uses. Likewise, HAB does not intend and will not apply this policy in any manner which will prohibit protected concerted activity as defined by the National Labor Relations Board. Things to remember:

• Use good judgment • Don’t violate these standards

• Even when a post is deleted, it can be stored online forever Gift Policy/Tips: As an Employee of HAB, it is required that you not ask for or accept “gifts” or “tips” from vendors or Members. The term “gift” includes any service or merchandise of any kind, discounts on merchandise or services, or any other items of value. This policy does not prohibit the occasional receipt of a genuine gift, so long as the amount received is nominal.

Any Employee having questions regarding the meaning or application of this policy should discuss the matter with the Executive Director.

Conflict of Interest: According to Sections 7804(l) of the Act and 1219.42(a) of the Order, the Board must prohibit employees of the Board from engaging in any action that would be a conflict of interest. Sections 7802 (2) of the Act and 1219.3 of the Order define a “conflict of interest” as a situation in which an employee of the Board has a direct or indirect financial interest in a person who performs a service for, or enters into a contract with, the Board for anything of economic value. Section 1219.42(a) of the Order further requires employees to disclose any relationship with any organization or company that has a contract with the Board or operates a State promotion program. Employees of HAB are expected to work full time for the best interests of this Board. Each Employee of HAB has an obligation to avoid any activity, agreement, business investment or interest, or any other situation which could be viewed as creating a conflict of interest with the Board. In addition, Employees must avoid giving the appearance of such a conflict by accepting money, merchandise, gifts, or services from any grower, importer, Member, or vendor for their personal gain.

Good judgment will generally prevent the possibility of a conflict of interest arising. However, if an Employee is engaging in an activity or transaction wherein they are unsure if it will create a conflict of interest between their personal interests and those of the Board, information regarding the potential conflict must be disclosed in advance to the Executive Director.

Confidentiality and Proprietary Information: Regardless of position, Employees of HAB will undoubtedly come into contact with and have access to “confidential information” about the Board and/or our Employees, visitors, or vendors. Employees must remember that this information is not to be discussed with anyone not employed by HAB or shared in casual conversation within the Board. Also, confidential information is not to be accessed unless needed for performance of one’s job duties.

This information is to remain confidential both while the Employee works for HAB and afterward, if employment should end. Confidential information could include, but is not limited to:

• Non-public information concerning HAB, such as its performance, assets, competitive positions, trade

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secrets, future plans and services and research findings;

• Information which might impact the investment value or future value of any business enterprise;

• Information concerning salary or other personnel matters;

• Any information contained in any hard copy or electronic version, including databases or servers such as lists of all Board Employees, growers, importers, volume; assessments paid, owed, pending, or waived due to exemptions and any other non-public information;

• As provided for in Section 7804(m)(2) of the Act and Section 1219.63 of the Order, staff must keep

confidential any information obtained from first handler, producer, and importer books, records or reports;

• As provided for in Sections7809 of the Act and 1219.63(c) of the Order, no employee of the Board may publicize information regarding names of voters or how a person voted in a referendum.

• Cash handling, training and alarm codes

• Operation manuals, including vendor and/or Employee or vendor information, names, addresses and

other contact documentation. Violation of these guidelines, or the more specific requirements that may apply to any Employee or position, will result in appropriate disciplinary action which may include termination of employment and legal action. Section 1219.63 of the Order states that any disclosure of any confidential information by an employee of the Board shall be considered willful misconduct. Moreover, Section 7809 of the Act imposes a penalty on any employee who violates the prohibition on release of voter information and the confidentiality terms related to information obtained from first handler, producer, and importer books, records or reports. That employee shall be removed from office and shall be subject to a fine of not less than $1,000 nor more than $10,000 or to imprisonment for not more than 1 year, or both.

Outside Employment: Employees may hold outside jobs as long as they meet the performance standards of their job with the Board or create a conflict of interest.

If the Board determines that an Employee’s outside work interferes with performance or the ability to meet the requirements of the job (as they are modified from time to time) the Employee may be asked to terminate outside employment if he or she wishes to remain with HAB.

Outside employment that constitutes a conflict of interest is prohibited. If an Employee enters into business in competition with or that creates a conflict of interest with HAB, the Employee may be required to choose which employment they wish to pursue. Employees may not receive any income or material gain from individuals outside HAB for services rendered while performing their jobs with the Board.

Prohibited Conduct/Work Rules: The conduct listed below is prohibited and will not be tolerated by HAB. This list is illustrative only and not meant to be exhaustive or all inclusive; other types of conduct that threaten security, personal safety, Employee welfare and Board operations also may be prohibited.

• Violating clear professional boundaries with any HAB stakeholder.

• Falsifying employment records, employment information, or other Board records.

• Any fraudulent documentation of work performed, under any circumstances.

• Theft and deliberate or careless damage or destruction of any Board property, or the property of any

Employee.

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• Removing Board property without prior authorization.

• Unauthorized use of Board equipment, time, materials, or facilities.

• Carrying firearms or any other dangerous weapons on Board premises at any time.

• Using abusive language or an act of violence at any time on Board premises or involving Board employees or board members.

• Unreported absence. • Failing to obtain permission to leave work for any reason during normal working hours.

• Violating any safety, health, security or Board policy, rule, or procedure.

• Breach of confidentiality.

• Drugs and alcohol on Board premises, or in the body in any measurable amount.

• Committing a fraudulent act or a breach of trust under any circumstances.

• Committing of or involvement in any act of harassment or discrimination of another individual. This

statement of prohibited conduct does not alter the Board’s policy of at-will employment. Either the employee or HAB remains free to terminate the employment relationship without cause or reason.

Other Prohibited Activities: Section 1219.42 of the Order provides that the Board must prohibit its employees from engaging in the following activities:

• Using assessment funds for the purpose of influencing legislation or governmental action or policy,

by local, national, and foreign governments, except to develop and make recommendations to the Secretary regarding changes to the Order;

• In any program, plan, or project:

o Making any reference to private brand names;

o making false, misleading, disparaging, or unwarranted claims on behalf of Hass avocados;

or

Making any false, misleading, or disparaging statements with respect to the attributes or use of any agricultural product.

Personal Liability. Section 1219.74 of the Order provides that no employee of the Board shall be held personally responsible, either individually or jointly with others, in any way whatsoever, to any person for errors in judgment, mistakes, or other acts, either of association or omission, as such employee, except for acts of dishonesty or willful misconduct.

SAFETY & HEALTH

Injury and Illness Prevention Program/Workplace Security Program: The Board has established an Injury-Illness Prevention; Workplace Security and Hazard Communication Program in compliance with regulations established by Cal-OSHA. These programs are available for review in the Senior Director of Finance and Administration’s office and in electronic form in the company server. Employees should direct all questions to the Executive Director or Senior Director of Finance and Administration.

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Drug-Free Workplace Policy: The possession and/or use of illegal drugs and alcohol is prohibited during working hours and before or after work while on duty, even when away from Board property. Furthermore, Employees are prohibited from being under the influence of, or impaired by, an illegal or controlled substance, alcohol or marijuana while on the job. Smoking: In accordance with state law, and in order to promote a healthy lifestyle for Employees, the Board prohibits smoking in:

• All work areas and offices

• In addition, the Board prohibits smoking in any enclosed or other area where there is Board sponsored off-site meetings.

Further, this policy shall apply to all Employees, visitors, contractors, temporary staff vendors and members. Employees are responsible for communication of this policy to any persons they are assigned to and for its enforcement with visitors and guests.

Firearms/Weapons: Firearms or other weapons may not be brought onto Board premises.

Equipment Operation:

Unsafe Condition: Please report immediately any unsafe condition or practice which might cause injury to your, visitors, guests or cause damage to property.

Accidents: Please report any accident that results in personal injury or damage to property.

Emergency: In an actual emergency, dial 9-1-1.

Evacuation: In the event of an emergency in which the building must be evacuated (fire, earthquake, etc.) you should immediately assist any visitors or guests to leave the building along with yourself using the nearest exit.

Resignation or Termination of HAB Employees: In the event an employee is terminated either voluntary or involuntary, HAB management will remove the terminated employee from all financial and business related accounts. Passwords on all accounts which the employee had access to will be changed. Any Codes and/or keys used for physical entry to the premises will be changed even if keys are collected. All HAB property, including, but not limited to, any computers, information and HAB documents in the possession of the employee will be returned to the HAB office and documented.

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HAB

EMPLOYEE POLICY MANUAL ACKNOWLEDGMENT

I have received my copy of the HAB Employee Handbook. I understand and agree that it is my responsibility to read and familiarize myself with the policies and procedures contained in the handbook.

I understand and agree that nothing in the employee handbook creates or is intended to create a promise or representation of continued employment and that employment at HAB is employment at-will; employment may be terminated at the will of either by HAB or myself. My signature certifies that I understand that the foregoing agreement on at-will status is the sole and entire agreement between HAB and myself concerning the duration of my employment and the circumstances under which my employment may be terminated. It supersedes all prior agreements, understandings, and representations concerning my employment with HAB.

I understand that except for employment at-will status, any and all policies or practices can be changed at any time by HAB. HAB reserves the right to change my hours, wages, and working conditions at any time. I understand and agree that other than the Executive Director of HAB no manager, supervisor, or representative of HAB has authority to enter into any agreement, express or implied, for employment for any specific period of time, or to make any agreement for employment other than at-will; only the Executive Director has the authority to make any such agreement and then only in writing, signed by the Executive Director

I further acknowledge that I have received and read the State of California pamphlet entitled “Sexual Harassment”.

Dated:

Printed Name

Employee Signature