HANDBOOK OF POLICIES AND PROCEDURES 2015 1 Welcome to Nebraskaland! Dear Employee, Welcome to Nebraskaland - one of the top distributors in the New York Metropolitan market and regularly listed by Crain’s Business Weekly as a top 200 privately held company. Nebraskaland is a privately owned business that has been serving within the meat industry for five generations. During this span, the Company’s operations have included packing houses in Nebraska, upstate New York and Iowa; retail stores; butcher shops; a smokehouse; a farming operation in Nebraska and several wholesale operations. Over time, our business has developed with major supermarket chains, wholesalers, independently owned supermarkets and food service customers. Our main distribution warehouse is a state of the art temperature controlled facility centrally located in the Hunts Point Market in the Bronx, New York. Our product lines include chicken, beef, pork, veal, lamb, processed foods, frozen foods, and seafood. Our procurement team is always on the lookout for the freshest product available. Over the years, Nebraskaland has built its business and reputation by our commitment to our customers, including excellent service, competitive pricing and weekly and monthly sales programs. You have been chosen to join our staff because it is our belief that you can contribute to our growth and profitability. We know you will be an important member of the team. We wish you continued success in your position and hope that your employment relationship with Nebraskaland will be a long lasting & rewarding experience. Sincerely, Richard Romanoff Chief Executive Officer 2 355 Food Center Drive, Bronx, New York 10474 TABLE OF CONTENTS Page # SECTION 1: INTRODUCTION Purpose of Handbook 6 Employment is “At Will” 6 SECTION 2: EMPLOYMENT POLICIES Equal Employment Opportunity Policy 7 Nondiscrimination Against & Accommodation of 7 Individuals with Disabilities Policy Against Workplace Harassment 8 Complaint Procedure – Harassment & Discrimination 9 Complaint & Grievance Policies and Procedures 9 Workplace Violence 10 Open Door Policy 10 Employment of Relatives 10 SECTION 3: COMPENSATION POLICIES Classifications of Employment 11 Regular Pay Procedures 12 Notice and Cure for Paycheck Errors 12 Overtime 13 Scheduled Shifts 13 SECTION 4: TIME-OFF BENEFITS Probationary Period 14 Holidays 14 Bereavement Leave 14 Vacation 15 Sick/Personal Time 15 - 16 Jury Duty 16 Workers Compensation 17 Non Compensated Leave 18 Part A – FMLA 18 - 20 Part B- Other Non-Compensated Leave 21 3 SECTION 5: GROUP HEALTH AND RELATED BENEFITS Medical Insurance 22 COBRA 23 AFLAC 23 Life and AD&D Insurance 23 Dental & Vision Policies 23 SECTION 6: NON MEDICAL BENEFITS 401(k) Plan 24 Transit Check 24 SECTION 7: POLICIES REGARDING EMPLOYEE CONDUCT Attendance & Punctuality 25 Children at Work 25 Confidential Information 25 Conflict of Interest and Business Ethics 26 Dress Code 26 Drugs & Alcohol 27 “It’s Not My Job” 27 Lunch 27 Parking Lot 27 Personal Belongings 28 Personal Calls/Texting 28 Personnel Files 28 Privacy 28 Property Inspection 29 Radios/Music 29 Smoking 29 Solicitation 30 Staff Purchases 30 Visitors 30 SECTION 8: GUIDELINES FOR APPROPRIATE CONDUCT 31 SECTION 9: ELECTRONIC COMMUNICATIONS & INTERNET USAGE 32 SECTION 10: TERMINATION OF EMPLOYMENT 33 4 OUR MISSION STATEMENT To guarantee that our customers receive quality products, excellent customer service and the correct quantity and price for all items. To have a personalized relationship with all our customers, helping them to develop their business along with ours with mutual benefits. Our customers must see us not only as a vendor, but also as a partner. To operate our company with quality personnel in all departments resulting in the highest efficiency and to always put the needs and goals of the team before the needs of the individual. To communicate efficiently and effectively between departments and employees. 5 SECTION 1 – INTRODUCTION PURPOSE OF THIS HANDBOOK Nebraskaland, like every organization, has standards to guide employees in their work. While Nebraskaland believes in the policies and procedures described herein, they are not terms or conditions of employment and are presented only as a matter of information. The policies stated in this Handbook do not constitute a contract, are guidelines only, and are subject to change at the sole discretion of the Company. From time to time, you may receive updated information concerning changes in policies, procedures or benefits. The Company reserves the right to modify, revoke, suspend, terminate or change any and all policies and procedures in whole or in part and at any time, with or without notice as it deems appropriate. This Handbook is designed to acquaint you with Nebraskaland and provide you with information about working conditions, employee benefits, employee responsibilities and some of the policies affecting your employment. All employees are expected to be familiar with and to abide by the policies and procedures in this Handbook. While this booklet is not meant to be all inclusive, it should provide answers to most of your questions and help make you aware of what you can expect from the Company and what the Company expects of you. If anything is unclear, please discuss the matter with your manage/supervisor or Human Resources. EMPLOYMENT IS AT WILL This Handbook contains guidelines only. It is not a contract of employment. Nor does this Handbook or any other Company policy or procedure, whether verbal or written, guarantee employment for a definite period of time. The employment relationship between Nebraskaland and its employees is terminable at the will of either party. Either party can terminate the employment relationship with or without cause, without prior notice, and without any procedural requirements. Where the information contained in this Handbook is in conflict with the terms of any collective bargaining agreement (“CBA”), the terms of the CBA shall govern policies and benefits that may be modified by existing CBAs. For those employees covered by a CBA, all CBA provisions remain in effect. 6 SECTION 2 – EMPLOYMENT POLICIES EQUAL EMPLOYMENT OPPORTUNITY POLICY Nebraskaland is an equal employment opportunity employer. Employment decisions are based on merit and business needs, without regard to race, color, gender, age, national origin, sexual orientation, religion, military or veteran status, disability, or genetic predisposition, in accordance with applicable federal, state and local laws. Anyone found to be engaging in any type of unlawful discrimination will be subject to disciplinary action, up to and including termination of employment. Employees who believe they have been discriminated against or otherwise treated unfairly in violation of this policy should promptly use the complaint procedure set forth in this section. NONDISCRIMINATION AGAINST AND ACCOMMODATION OF INDIVIDUALS WITH DISABILITIES Nebraskaland complies with applicable federal, state and local laws providing for nondiscrimination in employment against qualified individuals with disabilities, including pregnancy. Nebraskaland also provides reasonable accommodation for such individuals in accordance with these laws. It is the Company’s policy to, without limitation: 1. Ensure that qualified individuals with disabilities are treated in a nondiscriminatory manner in the pre-employment process and that employees with disabilities are treated in a nondiscriminatory manner in all terms, conditions, and privileges of employment. 2. Keep all medical-related information confidential in accordance with the requirements of applicable laws and retain such information in separate confidential files. 3. Provide applicants and employees with disabilities with reasonable accommodation, except where such an accommodation would create an undue hardship on the Company. 4. Notify individuals with disabilities that Nebraskaland provides reasonable accommodation to qualified individuals with disabilities, by including this policy in the Company’s employee Handbook and by posting the Equal Employment Opportunity Commission’s poster conspicuously throughout Company facilities. 7 PROCEDURE FOR REQUESTING AN ACCOMODATION Qualified individuals with disabilities may make requests for reasonable accommodation to their manager and the Company’s Human Resources Department. On receipt of an accommodation request, the Human Resources Manager will meet with the requesting individual to discuss and identify the precise limitations resulting from the disability and the potential accommodation that Nebraskaland might make to help overcome those limitations. The Human Resources Manager, in conjunction with appropriate representatives of Nebraskaland’s management, will determine the feasibility of the requested accommodation(s), considering various factors. POLICY AGAINST WORKPLACE HARASSMENT It is Nebraskaland’s policy to provide employees with a workplace free from unlawful harassment. Such harassment is defined as conduct of a sexual nature or related to race, color, gender, age, national origin, sexual orientation, religion, military or veteran status, disability, or genetic, for which submission is made a term and condition of employment or the basis for employment decisions, which has the purpose or effect of unreasonable interfering with an individual’s work performance, or which otherwise creates an intimidating, hostile or offensive working environment. Harassment may take different forms, and may involve, but is not limited to, visual displays, suggestive remarks or jokes, gestures, sexual demands, e-mails, propositions, or unwanted physical contact. Whatever form it takes, the Company will not permit any employee to unlawfully harass others with whom he or she has business interactions, including but not limited to other employees, visitors and vendors, or permit any outsider to harass its employees. This is true, not only in the workplace, but during business trips and business-related social events. All employees must comply with this policy and take appropriate measures to ensure that such conduct does not occur. Violations of this policy may result in disciplinary action up to and including termination or other appropriate remedial action. 8 COMPLAINT PROCEDURE – Harassment & Discrimination Employees who believe that they have been subjected to discrimination or harassment are urged to immediately report their concerns to Human Resources, his/her manager or any member of management. No retaliatory measures will be taken against any employee who makes a complaint of harassment or to any employee who participates in the investigation of a harassment complaint. Managers who become aware of a harassment situation must report the conduct to Human Resources. Under no circumstances need an employee report the harassment to a person whom he or she is accusing of inappropriate behavior. The Company will promptly investigate any complaint of harassment, and such investigation will, to the maximum extent feasible, remain confidential, on a strict need-to-know basis. However, investigation of such complaints will generally require disclosure to the accused individual and to other witnesses in order to gather pertinent facts. At the conclusion of its investigation, the Company will take whatever action it believes appropriate, including but not limited to training, referral to counseling, warning, reassignment, demotion, compensation adjustment or termination of employment COMPLAINT AND GRIEVANCE POLICIES & PROCEDURES It is Company policy to ensure that there are effective means for employees to bring problems and complaints concerning their well-being to the management’s attention. A formal grievance procedure has been established for the benefit of and use by employees. The Company will not acknowledge anonymous letters, e-mail, or voice messages as legitimate complaints. An employee who has a complaint/grievance should take the following steps to begin the process of resolving it: 1. Grievances should be presented verbally to the employee’s immediate supervisor or Human Resources within one week of the “triggering” event. 2. The grievance should be presented so that it does not interfere with the normal work day. 3. If the complaint concerns the employee’s supervisor, the employee should present the complaint to the next level supervisor, department head or Human Resources 4. The employee should present the grievance personally but may elect to have a coworker accompany him/her when lodging the complaint. The Manager/Supervisor may: 1. Consult with Human Resources on the appropriate course of action 2. Make every attempt to resolve the matter at this initial step within one to two weeks following the meeting with the employee. At this point, it may be appropriate to document the grievance and maintain documentation throughout the process 3. If the supervisor cannot settle the grievance, he/she should take the grievance/complaint to the department head and Human Resources who will find a solution. The decision of the senior management team will be the Company’s final position on the matter. No retaliatory measures will be taken against any employee who voices a complaint through the grievance procedure. 9 WORKPLACE VIOLENCE Workplace violence will not be tolerated. Any employee who commits an act of violence at work against a person or property is subject to instant dismissal. Where appropriate, the matter will be referred to the legal authorities for prosecution. Workplace violence involves: Physical acts against persons or Company property Verbal threats or malicious statements meant to cause harm or to case a hostile environment Written threats, vicious cartoons or other drawings or notes Visual acts that are threatening or intended to convey injury or hostility All employees are expected to report any act of violence directly and immediately to the attention of management. If there is the slightest threat of physical violence, managers/supervisors are to call the policy immediately and to move themselves and others out of harm’s way. THE OPEN DOOR POLICY Our success as a Company is founded on our policy to deal with our employees fairly and honestly, as well as to respect and recognize each one of our employees as an individual. The Open Door Policy supports our Company philosophy by encouraging employees to raise their work-related concerns informally with their manager/supervisor and/or the Human Resources Department. Employees are encouraged to pursue discussion with management until the matter is fully resolved. It may not always be possible to achieve the result the employee wishes, but if not, the company will explain why. Nebraskaland believes that employee concerns are best addressed through informal and open communication. No employee will be disciplined or otherwise penalized for raising a good faith concern. EMPLOYMENT OF RELATIVES Nebraskaland discourages the employment of close relatives because it is not considered sound business practice. However, under certain conditions, management may waive this policy in favor of employing close relatives within the organization. Close relatives are defined as: spouse, mother, father, sons, daughters, brothers, sisters, grandparents and in-laws. It is the responsibility of new employees to state in writing any relationship he/she might have to any current existing employee. Any employee who does not disclose this information may be subject to termination. 10 SECTION 3 - COMPENSATION POLICIES CLASSIFICATIONS OF EMPLOYMENT For purposes of salary administration and eligibility for overtime payments and employee benefits, Nebraskaland classifies its employees as follows: Introductory Employees: All employees, during the first 90 days of employment – the probationary period. Introductory employees are not eligible for company benefits except for those required by state and/or federal law. Full-Time Regular Employees: Employees who successfully complete the introductory period and are hired to work 40 hours per week. Regular full-time employees are eligible for all company benefits subject to the terms, conditions and limitations of each benefit program. Part-Time Regular Employees: Employees hired to work fewer than 40 hours per week on a regular basis. While receiving all legally mandated benefits (i.e., workers compensation insurance and Social Security), they are ineligible for other Company benefit programs. Part time regular employees are not eligible for paid holidays unless otherwise specified. Additionally, such employees may be “exempt” or “non-exempt” as defined below. Seasonal/temporary employees: Seasonal/temporary employees are hired to perform specific assignments for a specified season, and whose employment will be terminated at the completion of that season or period of time. Such employees may be “exempt” or “nonexempt” as defined below. While seasonal employees receive all legally mandated benefits (i.e., workers compensation insurance and Social Security), they are ineligible for other Company benefit programs. Persons placed with the Company by temporary employment agencies or leasing agencies for specific assignments for specific periods of time are employees of the respective agency, and not of Nebraskaland. Non-Exempt Employees: “Non-exempt” employees are not exempt from the provisions of the Fair Labor Standards Act (also known as the FLSA or Wage and Hour Act). All non-exempt employees are to punch in and out and complete accurate weekly time reports showing all time actually worked. These records are used to calculate paychecks. Non-exempt employees who are covered by the overtime provisions of the FLSA are entitled to an overtime premium in accordance with State and Federal law. Exempt Employees: Employees who are not required to be paid overtime, in accordance with applicable federal, state or local law. Executives, professional employees, outside sales representatives, and employees in certain administrative or computer-related positions are typically exempt from the overtime provisions of the Federal Fair Labor Standards Act and the New York wage and hours laws. 11 REGULAR PAY PROCEDURES All Nebraskaland employees are paid on a weekly basis on Fridays for work performed from Wednesday through Tuesday. All required deductions, such as for federal, state, and local taxes, and all authorized voluntary deductions, such as for health insurance contributions, will be withheld automatically from your paychecks. Please review your paycheck for errors. If you find a mistake, report it to your manager/supervisor immediately. Your manager/supervisor will assist you in taking the steps necessary to correct the error. Misrepresentation of actual hours worked may lead to disciplinary procedures, up to and including termination of employment Nebraskaland is unable to provide pay advances or employee loans. The Company offers direct deposits of payroll to an employee bank account and encourages all personnel to use this feature. Nebraskaland employees who wish to open an account with HSBC Bank and set up direct deposit, will not be charged fees by the bank (subject to an agreement between HSBC and the individual employee). If you are interested in more information, please talk to Human Resources. ADP i-Pay – Nebraskaland employees (those with direct deposit and those without) are encouraged to register with ADP i-Pay. This benefit enables employees to view, save and print images of their paychecks and W-2s; view their paystubs up to 24 hours prior to paydate; access their payroll history for loans, mortgages and other financial needs; perform “what if” scenarios with the Paycheck Modeling feature; and receive email notification whenever new documents are ready for viewing. i-Pay also enables those with direct deposit to go paperless. See Human resources for registration information NOTICE AND CURE PROCEDURE FOR PAYCHECK ERRORS All employees are required to review their paychecks and/or paystubs to make sure that wages paid and deductions are accurate before cashing the check, or in the case of direct deposit, immediately upon receipt of the paystub. If an employee finds a mistake, or has a question concerning the number of hours worked, the applicable rate of pay, the amount of wages paid, or any other aspect of compensation, the employee is required to report it IMMEDIATELY to their manager/supervisor and the human resources/payroll department, so the Company may correct any error prior to the end of the next pay period. Inquiries must be made within 7 days. If the Company has made an underpayment, a proper adjustment will be made. 12 Any overpayment must also be promptly reported so the Company may correct the error in accordance with applicable law. Should an employee fail to report an overpayment in time for the Company to correct it in the next paycheck (except where prohibited by applicable law), the employee will be required to return the overpayment in cash or by check. Failure to promptly report an overpayment may subject an employee to disciplinary action, up to and including termination of employment. OVERTIME The nature of Nebraskaland’s business sometimes requires an employee to work overtime. Your manager will notify you when you are required to work overtime. Nebraskaland expects and appreciates your cooperation. Every effort will be made to provide you with advance notice of any overtime that will be required of you. If you are classified as a non-exempt employee (see the classifications of employment policy section for the definition of non-exempt employee), you will receive compensation for approved overtime. For all hours worked in excess of 40 hours in one week, non-exempt employees will be paid at one and one-half times their regular pay. Time off for sick leave, vacation, as well as leave of absences will not be considered hours worked for purposes of performing overtime calculations. Weekly summaries of hours worked, vacation days, etc. must be approved by your manager and submitted to payroll. Failure to work scheduled overtime or overtime worked without prior authorization from the manager may result in disciplinary action, up to and including termination of employment. * Please note that employees covered by a Collective Bargaining Agreement should refer to the CBA for terms and conditions of employment regarding wage and hours as these may differ from the Personnel Handbook. SCHEDULED SHIFTS Some of the Company’s hourly employees operate on scheduled shifts. Scheduled start times are necessary to ensure adequate coverage for each shift. As a matter of policy, Nebraskaland will not pay employees who choose to arrive prior to the start of their shift, unless the schedule change has been approved by management. If an employee arrives too early, they will be asked to wait in the break room until their scheduled shift begins. Additionally, it is expected that an employee will arrive to work on time for their scheduled shifts. Employees who are going to be late are expected to call their manager. Employees who fail to call in and/or display a pattern of tardiness will be subject to disciplinary action, up to and including termination. 13 SECTION 4 – TIME OFF BENEFITS PROBATIONARY PERIOD The first 90 days of your employment is a probationary period. It gives the employee and Nebraskaland a chance to determine whether we meet each other’s initial expectations. You are not eligible for employee benefits during this period. Please understand that at all times during and after the probationary period, all employees are employees at will unless stated otherwise in an applicable CBA. HOLIDAYS The Company provides paid holidays so employees will be able to celebrate these occasions with their family and friends. When you have completed 45 calendar days of employment you will become eligible for the following paid holidays: New Years Day Memorial Day Independence Day Labor Day Thanksgiving Christmas Day It is possible that some of the holidays above may be celebrated on days other than when they fall. If the Company is going to celebrate on another day, your immediate supervisor will notify you in advance. If you are required to work on one of the holidays enumerated above, you will be given an additional day off. However, if that is not possible, you will receive pay at one and a half times your regular day off. To be eligible to receive holiday pay, you are required to work your regularly-scheduled hours on the workday preceding and the workday following the holiday. In accordance with Nebraskaland policy, an authorized and approved vacation day or any other excused and paid day off is considered a day worked for purposes of holiday pay eligibility. 14 VACATION Requests for vacation should be submitted in writing to your supervisor. Vacation periods must be scheduled as far in advance as possible to give adequate time for scheduling. Vacation is granted by the company in recognition of service and is primarily intended to provide eligible employees with an opportunity to rest and relax away from the job without loss of income. The amount of vacation to which a full-time employee is entitled depends on your length of service, as of your anniversary date, as follows: After completion of (1) one year of service (5) five days After completion of two (2) years of service through completion of ten (10) years of service (10) ten days After completion of ten (10) years of service and every year thereafter (15) fifteen days Employees must take all earned vacation days during the calendar year and any days not taken will be forfeited. No one will receive pay in lieu of vacation unless requested by the company.. Vacations are to be scheduled according to the work needs of the company and seniority. Nebraskaland has a “blackout” period that extends from November 1 through December 31, and January 1 - 15, during which vacation time cannot be taken in this critically busy time of the year for the Company. Upon termination and /or resignation all unused vacation days will be forfeited. Please note that employees covered by a Collective Bargaining Agreement should refer to the CBA for terms and conditions of vacation pay which may differ from the Personnel Handbook. 15 SICK/PERSONAL TIME The Company recognizes that inability to work because of illness or injury may cause economic hardship. For these reasons, the Company provides paid sick/personal time to employees, as described below. The Company’s sick leave policy is in keeping with the NYC Paid Sick Leave Law. Sick/Personal Time Eligibility, Accrual and Use Employees who work for the Company for at least 80 hours per calendar year are eligible for paid sick time under this policy. All eligible employees accrue sick time at the rate of one (1) hour of sick time for every thirty (30) hours worked, up to a maximum of forty (40) hours of paid sick leave per calendar year. Non-exempt employees accrue sick leave based on the number of actual hours worked (including overtime hours) in each work week. Full-time exempt employees accrue sick leave based on a forty (40) hour work week and part-time exempt employees accrue sick leave based on the number of regularly scheduled hours per workweek. Employees are permitted to begin using sick time after completing their ninety (90) day probationary period of employment, unless subject to a CBA with different terms. Employees may use sick time in increments of four (4) hours (either four (4) hours or a full eight (8) hour day Unused sick time may not be carried over to the following calendar year. However, on January 1st of each year, all eligible employees, who have passed the probationary period, will have 40 hours of sick time available to them. Upon separation of employment for any reason there is no entitlement to be paid for accrued unused sick time * Please note that employees covered by a Collective Bargaining Agreement should refer to the CBA for terms and conditions of sick days which may differ from the Personnel Handbook. Sick Leave Protocol If an employee is unable to work and requesting sick/personal time, he or she must notify his or her supervisor as soon as practicable, preferably at least one (1) hour before the start of the applicable shift on each day of the absence, unless the employee has been granted an authorized medical leave. For leave that is foreseeable, such as a doctor’s appointment, employees must notify their supervisor at least seven (7) days prior to the date the sick/personal time is to be used. Failure to properly notify the Company using these procedures will result in an unexcused absence. 16 BEREAVEMENT LEAVE If you are a full-time regular employee and a death occurs in your immediate family, you will be compensated for time lost from your regular work schedule, in accordance with the following guidelines: You will be granted up to 3 days off from work with pay in the event of the death of your spouse, child, parent or sibling. You will be granted 1 day off from work with pay in the event of the death of a grandparent. In the event of the death of a friend or relative who is not a member of your immediate family as defined above, or if you require additional days for a family member’s funeral, an employee may request unpaid bereavement leave OR the employee can request to use paid time off if he/she has accrued personal or vacation time. Requests for bereavement leave should be made to your manager or immediate supervisor with as much notice as possible. JURY DUTY The Company will grant employees time off for mandatory jury duty when an employee is required to serve. Upon receipt, a copy of the jury notice must be supplied to the employee’s supervisor and to Human Resources to request time off. The Company will permit the employee to take the necessary time off. The company will pay Jury Duty leave consistent with all Federal and State laws. It is expected that an employee will report to work on any part or full day you do not have to be in court. If scheduled on the second or third shift, the employee will not be expected to report to work and serve full days in court during the same time period. . 17 WORKERS’ COMPENSATION The Company provides workers’ compensation insurance covering injuries or illnesses occurring in the course of your employment. Workers compensation law requires the Company to report to its insurance carrier all work-related illnesses of, or injuries to, its employees. Employees are to report all work-related injuries or illnesses to their manager/supervisor immediately. It is most important that the employee furnish his/her supervisor with complete and immediate information about any accident that occurs on the company premises and in which he/she is involved. An injury report must be completed and submitted to the Human Resources and Accounting departments as well. In the event of a work-related injury or illness, an employee must do the following: 1. Report the accident to his/her manager immediately. Failure to report an accident or injury right away will result in disciplinary action. 2. If it is necessary to see a physician, the department manager/supervisor may direct an employee to go to a Company designated workers’ compensation physician doctor or hospital for treatment. 3. Call his/her manager and the human resources department immediately after seeing a physician to let the Company know work status and when a return to work is expected. 4. The Company may offer an interim assignment of “light” or modified duty to an employee who has been temporarily incapacitated by industrial injury or illness in order to expedite a successful return to productive work and rehabilitation to full-duty status. Each case is handled individually, depending upon the availability of such work and the capabilities of the employee involved, consistent with medical recommendation. 5. The Company has a zero-tolerance for worker’s compensation fraud. It is against the law to commit claimant fraud. In the event the Company has proof that a claim is fraudulent, the Company will contest the claim and, in appropriate cases, refer the matter to the appropriate authorities for prosecution AND is grounds for immediate termination. 18 NON COMPENSATED LEAVE Part A. Leave Under the Family and Medical Leave Act (FMLA) of 1993 Nebraskaland will grant an unpaid leave of absence to regular full-time and regular part-time employees (who meet the requirements described below) for the following reasons: Birth of a son or daughter and to care for the newborn child; Placement with the employee of a son or daughter for adoption or foster care and care for the child after placement; To care for a covered family member (spouse, child, or parent) with a serious health condition; The employee’s own serious health condition which makes the employee unable to perform the essential functions of his/her position; or The following reasons related to military service: o While the employee's spouse, son, daughter, or parent is on covered active duty (or has been notified of an impending call or order to covered active duty) in the Armed Forces including the National Guard and Reserves, (provided the covered active duty or call to active duty requires deployment to a foreign country) for the following reasons: 1. Short-notice deployment (seven or fewer calendar days); 2. Military events and related activities; 3. Childcare and school activities; 4. Parental care (provided a military member’s parent is incapable of self-care and the need for parental care arises from the covered active duty or call to active duty status of a military member); 5. Financial and legal arrangements (i.e., preparing powers of attorney, obtaining military identification cards, preparing or updating a will or trust); 6. Counseling (provided that the need for counseling arises from the covered active duty or call to active duty status of a military member) 7. Rest and recuperation (up to fifteen calendar days of leave to spend time with a military member who is on temporary leave during the period of deployment); 8. Post-deployment activities; and 9. To address other similar events, as may be agreed upon between the employee and the Company; or 10. Service member Family Leave - an employee’s care of a covered service member with a serious illness or injury in accordance with federal, state and local laws. 19 Eligibility - To be eligible for unpaid leave, an employee must have completed at least one full year of service with Nebraskaland and have worked a minimum of 1,250 hours in the twelve month period preceding the requested leave. Leaves will be granted for a period of up to twelve weeks (or in case of Service member Family Leave, for up to 26 weeks) in any twelve-month period (or longer if required by applicable state or local law). Leave for Employee’s Serious Health Condition OR Child/Family Care Leave If you request a leave of absence for your own serious health condition; to care for a child after birth, adoption or placement in your home for foster care; or to care for a covered family member (including a service member) with a serious health condition, you will be granted unpaid leave under the following conditions: If the leave is planned in advance, you must provide the Company with at least thirty days notice prior to the anticipated leave date, using a Leave of Absence Request Form If the leave is unexpected, you should notify your supervisor and the Human Resources Department by filing a Leave of Absence Request Form as far in advance of the anticipated leave date as is practicable. (Normally, this should be the same day or the next business day after you become aware of your need for the leave.) Any time that you expect to be or are absent for more than three consecutive work days as a result of your own serious health condition (including pregnancy), you will be required to submit appropriate medical certification from your physician. Such certification must include, at a minimum, the date the disability began, a diagnosis, and the probable date of your return to work. All Company benefits that operate on an accrual basis (e.g., vacation, sick, and personal days) will cease to accrue during any period of FMLA leave. All group health benefits will continue during the leave provided you continue regular employee contributions to these plans. Other benefits, such as 401(k), life insurance, and long-term disability will be governed in accordance with the terms of each benefit plan. If you elect not to return to work at the end of the leave (and the failure to return is not due to a continuation of the circumstances necessitating the leave or other matters outside of your control), the Company may require you to reimburse it for the amount the Company paid for your health insurance premiums during the leave. If you have requested leave for your own serious health condition, during your leave, you may be required to provide the Company with additional physician’s statements on request attesting to your continued disability and inability to work. You may also be required to submit to medical examinations by physicians designated by Nebraskaland at its discretion and at the Company’s expense, at the beginning of, during, or at the end of your leave period, and to provide the Company with access to your medical records as required. Before you will be permitted to return from medical leave, you may be required to present the Company with a note from your physician indicating that you are capable of returning to work and performing the essential functions of your position, with or without reasonable accommodation. Where required, Nebraskaland will consider making reasonable accommodation for any disability you may have in accordance with applicable laws. 20 Employees requesting a leave to care for a covered family member (including a service member) with a serious health condition may be required to provide medical certification from the family member’s physician attesting to the nature of the serious health condition, probable length of time treatment will be required, and the reasons that the employee is required to care for this family member. Similarly, eligible employees who take FMLA leave for reasons related to military service will be required to provide a copy of the covered military member’s covered active duty orders or other relevant documentation. Leave Entitlement Eligible employees are entitled to a leave for up to twelve weeks in any twelve-month period (or longer if (i) the leave constitutes qualifying service member leave; (ii) if required by applicable state or local law; or (iii) in the case of a leave for an employee’s serious health condition, where a leave extension is requested and approved). The applicable “rolling” twelve-month period is determined by measuring backward from the date any FMLA leave would begin. For example, if an employee has taken eight weeks of leave during the past 12 months, an additional four weeks of leave may be taken. With respect to service member leave only, however, the 12-month period is calculated on a going-forward basis, beginning on the first day of the leave. Leave taken to care for a child after birth, adoption, or placement in your home for foster care must be taken in consecutive work weeks. Leave taken for the employee’s, or a covered family member’s serious health condition, or for reasons related to military service may be taken consecutively, intermittently, or on a reduced work/leave schedule based on certified medical (or other applicable) necessity. In such instances, Nebraskaland will follow applicable federal and state laws in reviewing and approving such leave requests. Employees should contact the Human Resources Department for further information about entitlement to leave and the required procedures. Reinstatement Rights Eligible employees are entitled on return from leave to be reinstated to their former position or an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment. Exceptions to this provision may apply if business circumstances have changed (e.g., if the employee’s position is no longer available due to a job elimination). Exceptions may also apply for certain highly compensated employees under certain conditions. In addition, employees on a leave extension are not guaranteed reinstatement. These employees will be handled in accordance with the reinstatement provisions in Part B of this policy. 21 PART B. Leaves for Employees Who Do Not Meet the Minimum Service Requirements Full-time regular and part-time regular employees who have less than one year of service and/or who have not worked a minimum of 1,250 hours during the twelve-month period prior to their leave or who work at a facility that employs fewer than fifty employees at or within seventy-five miles of the facility may request leaves of absence for the reasons set forth above in Part A, subject to the following terms and conditions: Leave requests must be made at least thirty days in advance of the date the employee would like the leave to begin or, in emergency situations, with as much advance notice as is practicable. The certification requirements and the conditions for required use of accrued time off, benefits accrual, and continuation of group health insurance during leave set forth in Part A apply to all leave requests. Unless applicable state or local law requires otherwise, leaves will be limited to a thirtyday maximum duration, except leaves for the employee’s own serious health condition, which may be granted for up to a twelve-week period and which may be taken intermittently. Unless applicable state or local law requires otherwise, reinstatement will not be guaranteed to any employee requesting a leave under this Part B. However, the Company, in its sole discretion, and based on business needs, budgetary and other considerations, will endeavor to place employees returning from leave in their former position or a position comparable in status and pay. Military Leaves of Absence Leaves of absence without pay for military or Reserve duty are granted to full-time and part-time employees. If you are called to active military duty or to Reserve or National Guard training, or if you volunteer for the same, you should notify your supervisor and submit copies of your military orders to him or her as soon as is practicable. You will be granted a military leave of absence without pay for the period of military service, in accordance with applicable federal and state laws. If you are a reservist or a member of the National Guard, you are granted time off without pay for required military training. Your eligibility for reinstatement after your military duty or training is completed is determined in accordance with applicable federal and state laws. In addition, spouses or registered domestic partners of deployed members of the uniformed services may be eligible for up to ten (10) days of unpaid leave in accordance with applicable laws. 22 SECTION 5 – GROUP HEALTH AND RELATED BENEFITS Nebraskaland has established a variety of employee benefit programs designed to assist you and your eligible dependents in meeting the financial burdens that can result from illness, disability, and death, and to help you plan for retirement, deal with job-related or personal problems, and enhance your job-related skills. Nebraskaland’s group health and life insurance along with our retirement-related programs, are described more fully in summary plan description booklets, with which you will be provided once you are eligible to participate in these programs. Nebraskaland reserves the right to amend or terminate any of its benefit programs or to require or increase employee co-pays, deductibles and/or premium contributions with or without advance notice, and at its discretion. This reserved right may be exercised in the absence of financial necessity. The respective plan administrator will notify plan participants of all approved amendments or plan terminations, in accordance with the requirements of applicable law. For more complete information regarding any of our benefits programs, please contact our Human Resources Department. MEDICAL INSURANCE THROUGH THE GROUP HEALTH PLAN The company’s Medical Plan is designed to help protect employees and their families against financial hardship caused by illness. Per the requirements of the Affordable Care Act, coverage will be offered to eligible employees to begin no later than 90 days after employment, provided the enrollment paperwork is completed. Please note: any employee who does not elect to take the health insurance coverage when he/she first becomes eligible may not be able to enroll until the following open enrollment period unless the employee experiences a “qualifying event” which is approved by the insurance company. Contact the Human Resources Department about such changes. Due to the increasing cost of health care, Nebraskaland requires employees who opt to participate in our Medical Program to contribute towards the cost of this coverage. The contribution that is required by the employee may change according to Nebraskaland policy and what is allowed within federal, state and local laws. If an eligible employee chooses not to participate in the healthcare coverage, the Company will require you to sign a waiver of coverage for our records. Please note that employees who work in a department covered by a Collective Bargaining Agreement should refer to the CBA for terms and conditions of medical benefits which may differ from the Personnel Handbook. 23 AFLAC Full time employees who have been employed for 90 days are eligible to enroll in various coverages offered by AFLAC. Coverage will begin on the first of the month following the 90 day probationary period, provided the enrollment paperwork is completed. Participating in AFLAC is entirely voluntary. Although Nebraskaland does not supplement the cost of the AFLAC policies, the company offers this benefit as a payroll deduction. Some of the policies offered by AFLAC are paid for on a pre-tax basis – another benefit. Please see Human Resources for more information. LIFE AND AD&D INSURANCE As a benefit of being employed as a full time employee of Nebraskaland, the Company provides you with a $60,000 life insurance policy and $60,000 AD&D insurance. This plan is subsidized by Nebraskaland with no cost to you. The plan will stay in effect as long as you are a full-time employee of the company. Employees who have completed the 90 day probationary period are eligible for this benefit. Please note that with this policy, $10,000, is subject to tax based on a formula required for “imputed income.” If you do not wish to receive the $60,000 core life insurance policy, you have the right to waive the insurance. Additionally, employees have the opportunity to purchase additional supplemental Life and AD&D insurance for themselves and if applicable, their spouse. This supplemental insurance is voluntary, but offered at a group rate and as a convenient payroll deduction. Please note that employees who are covered by a Collective Bargaining Agreement should refer to the CBA for terms and conditions of benefits which may differ from the Personnel Handbook. DENTAL AND VISION Full time employees who have been employed for 90 days are eligible to enroll in the voluntary dental and/or vision plans. Nebraskaland offers a choice of two dental plans (a DHMO and a PPO) along with a vision plan through MetLife. Payment for the dental and/or vision voluntary plans is handled as a pre-tax payroll deduction. For more information on these voluntary plans, please see Human Resources. COBRA Under the federal Consolidated Omnibus Budget Reconciliated Act (COBRA) of 1985, in the event of termination of employment with the Company or loss of eligibility to remain covered under our group health insurance program, an employee and his/her eligible dependents may have the right to continued coverage under our health insurance program for a limited period of time at the employee’s own expense. 24 SECTION 6 - NON-MEDICAL BENEFITS 401(k) EMPLOYEE RETIREMENT PLAN The 401(k) Retirement Plan allows employees to set aside and invest a percentage of their annual salary on a pre-taxed basis, through the convenience of payroll deductions. Under the 401(k) Retirement Plan, employees may elect to defer a portion of their salary. The deferred monies are placed into the investments that are elected by the employee. Our 401(k) is currently managed by Fidelity Investments. By putting money away through automatic payroll deductions on a pre-tax basis, you will be able to: Lower your taxable income Reduce your current taxes Build savings for your future retirement Nebraskaland employees, who have completed the 90 day probationary period, are eligible to participate in the 40(1)k Retirement Plan. The plan is “paperless” and enrollment is handled directly by the employee via the Fidelity website. For more information, visit the Fidelity Investments website at www.401k.com or call Fidelity at 1-800-835-5097. The Company annually determines if a matching contribution will be made to plan participants. In previous years, this contribution was 100% of a participant’s yearly 401(k) contribution, up to a maximum of 3% of the participant’s compensation. To be eligible for the match, the participant must be actively employed by Nebraskaland as of December 31st. TRANSIT CHECK Nebraskaland offers another tax saving program - the Transit Check. This program is a benefit to those employees who use daily public transportation. Employees who opt to participate can purchase a 7-day unlimited Metro Card as a pre-taxed payroll deduction. Nebraskaland will deduct the appropriate amount from your weekly earnings ($31.00 effective March 2015) on a pre-taxed basis. The Metro Card will then be distributed along with your weekly paycheck. By enrolling in the Transit Check program, an employee may save at least $200.00 a year in federal, state and local taxes. Should you have any questions regarding this program or want to participate, please contact the Human Resources Manager. 25 SECTION 7 - POLICIES REGARDING EMPLOYEE CONDUCT ATTENDANCE AND PUNCTUALITY In order to run our company efficiently, all employees must report to work on their scheduled days and be on time. Excessive absenteeism and tardiness adversely affects productivity, disrupts normal operating effectiveness, and overburdens other employees who must cover for absent employees. Our policies are designed to define a reasonable and acceptable level of absenteeism while providing fairness and consistency in disciplining all employees whose absenteeism exceeds the maximum acceptable level. If for some unavoidable reason, you are not able to report to work as scheduled or be on time, you must notify your supervisor at least one (1) hour prior to your scheduled start time. You must call in each day of an illness, unless you are hospitalized or if on your first absence you explained to your supervisor’s satisfaction, why you will be absent more than one day. Failure to call in can be grounds for immediate dismissal. If an employee is absent on more than two occasions within a three-month period, such a trend is considered unsatisfactory. An occasion might be a one-day absence or two or more consecutive days. If an employee is late more than once a month, this is also considered an unsatisfactory trend. If attendance or punctuality becomes unsatisfactory, your manager will counsel you so that the problem can be corrected. Failure to do so may lead to further disciplinary action up to and including termination. Written affirmation of the reason for an absence may be required by Management at their discretion. CHILDREN AT WORK In order to maintain appropriate efficiencies as well as to prevent any unfortunate accidents that can easily occur in an office or warehouse environment, children under the age of 15 are not permitted in any of our work areas, unless approved by management CONFIDENTIAL INFORMATION The protection of confidential business information and trade secrets is vital to the interest and the success of Nebraskaland. Such confidential information includes, but is not limited to, the following: customer lists, customer preferences, customer/vendor contracts, financial information, marketing strategies, pending projects & proposals, email communication & correspondence. Employees who improperly use or disclose trade secrets or confidential business information will be subject to disciplinary action, up to and including termination of employment and legal action, even if they do not actually benefit from the disclosed information. 26 CONFLICT OF INTEREST AND BUSINESS ETHICS Nebraskaland recognizes and respects the employee’s individual right to engage in activities outside of her or his employment, which are private in nature and do not in any way conflict with or reflect poorly on the company. A conflict of interest can arise when an employee is involved in activity for personal gain, which for any reason is in conflict with Nebraskaland’s business interest. Managers reserve the right, however, to determine when an employee’s activities represent a conflict with the company’s interest and to take whatever action is necessary to resolve the situation. Generally, a conflict of interest would be any outside interest, which might possibly interfere with or influence the discretion, judgment, conduct and behavior of an employee in the conduct of company business or in connection with any transaction of business in which the company is involved. It is the obligation of each employee to avoid any conflict of interest. Examples of this conflict include but are not limited to the following: An employee or relative of an employee having financial interest in any supplier, customer or competition of the company. An employee, or any member of her or his immediate family, accepting payments, services, gifts, tips, entertainment or other favors for more than a token value, from any supplier, customer or competitor of the company. Disclosing or using confidential company information whether for personal advantage of the employee or otherwise. Any employee or any member of her or his family competing with the company in any of its lines of business. Performing outside work on company time or using Nebraskaland equipment, materials, resources or confidential information for outside work or personal gain. DRESS CODE All office/sales/clerical employees are expected to dress neatly and professionally and to wear clothing that is fitting for an office environment. Company policy requires that employees refrain from wearing sneakers, flip flops, sweatshirts, shorts, t-shirts, spandex pants, leggings, sweat pants and caps/hats/bandanas. Employees are expected to wear collared shirts, turtleneck shirts, blouses or sweaters. Jeans are only acceptable for “dress down Fridays.” The following denim is not permitted: jeans with holes, cut-off jeans, dirty jeans, wrinkled jeans. 27 DRUGS AND ALCOHOL It is the policy of Nebraskaland to provide a safe and productive work environment that is free from the effects of drug and alcohol abuse. No employee shall report to work while under the influence of drugs and or alcohol. Likewise, the use, sale, transfer or possession of alcohol, illegal drugs, or controlled substances on the job, company property, or in company vehicles is prohibited. Management reserves the right to require and conduct tests to determine the influence of drugs or alcohol at any time. A positive test result will constitute a violation of this policy. Employees under the Department of Transportation regulations shall be tested as outlined in the D.O.T regulations. Violators may be subject to disciplinary action up to and including dismissal. “IT’S NOT MY JOB” WILL NOT BE TOLERATED The managers and the owners of Nebraskaland realize that the company’s success is attributable to having a well-trained and versatile staff. Every employee is hired to work for the needs of the Company and each employee is expected to contribute to all Company tasks required of him or her. Every employee must realize that individual job functions may change from time to time, either temporarily or permanently. LUNCH The lunch room is the common area for breaks and lunches.. Everyone is responsible for maintaining the lunch room by cleaning up after themselves. Employees in each department are expected to work out a rotating lunch schedule so that phones are covered at all times. Hourly office staff members are entitled to a 30-minute or 60minute unpaid lunch, dependent upon your department. Hourly warehouse and delivery associates are entitled to 30 minutes unpaid lunch. 28 PARKING LOT Employees may park in any space that is within the designated parking area (beyond the orange drums) and is not marked reserved . Reserved spots are to be used exclusively by those people whom they are assigned to. Employees cannot park in handicap spots unless authorized by Human Resources. Please cooperate by not blocking any gate, door, driveway, or the dock of the shipping and receiving area. Cars cannot be brought up to any entrances to pick up employees. The company assumes no responsibility for an employee’s vehicle or the contents of the vehicle while parked in the Hunts Point Co-Op Market. The diagram below depicts the parking lanes that have been implemented to help navigation throughout Nebraskaland’s parking area. Please note that parking rows are as follows: a. Lane 1 against and along the fences – one row of cars b. Lanes 2 and 3 - In the middle of the parking area. Please leave enough space for cars to back out and enough space in front so that cars are able to drive between parked cars and the orange barriers. Lane 2 and 3 ↓ ← Lane 1 along Fence Please help us keep the parking lot clean by disposing of trash in the garbage cans that are located throughout the parking lot. 29 PERSONAL BELONGINGS The Company cannot be held responsible for theft or damage to personal property. In addition, the Company takes no responsibility for loss or damage to items stored in company provided lockers. PERSONAL CALLS AND TEXTING Employees must limit the use of company telephones for personal calls except for emergencies. Cell phone usage is restricted to approved breaks. Cell phones should be set to “silent” during working hours unless used for company business. Text messaging is restricted to approved breaks. Text messaging or talking on a cell phone without a headset while driving on company business is strictly prohibited. PERSONNEL FILES The Company maintains personnel files for each employee. These files contain documentation regarding all aspects of the employee’s tenure with the Company, including emergency contact information, performance appraisals, salary, history, attendance records, disciplinary warning notices, and letters of commendation. To ensure that your personnel and other employee files are up to date at all times, notify your manager/supervisor or the Human Resources Department of any changes in your name, telephone number, home address, marital status, number of dependents, beneficiary designations, and emergency contact information PRIVACY Tape recording conversations or video-taping without permission may lead to disciplinary action up to and including dismissal. 30 PROPERTY To safeguard the property of our employees, our customers, and Nebraskaland, and to help prevent the possession, sale, and use of illegal drugs on Company premises, in keeping with the spirit and intent of the Company’s Drug-Free Workplace policy, Nebraskaland reserves the right to question employees and all other persons entering and leaving our premises, and to inspect any packages, parcels, purses, handbags, briefcases, lunchboxes, or any other possessions or articles carried to and from Company property. In addition, Nebraskaland reserves the right to search any employee’s office, desk, files, locker, or any other area or article on our premises. In this connection, it should be noted that all offices, desks, files, lockers, and so forth, are the property of Nebraskaland, and are issued for the use of employees only during their employment with the Company. Inspections may be conducted at any time at the discretion of the Company. Persons entering the premises who refuse to cooperate in an inspection conducted pursuant to this policy will not be permitted to enter the premises. Employees working on or entering or leaving the premises who refuse to cooperate in an inspection, as well as employees who after the inspection are believed to be in possession of stolen property or illegal drugs, will be subject to disciplinary action, up to and including termination of employment. Further, pursuant to the Electronic Communications and Internet Use Policy outlined in the Handbook, Nebraskaland reserves the right to search and/or monitor your computer and other electronic devices from which you access Company files, emails and so on. Therefore, employees should have no expectation of privacy in any message, file, data, document, communication or facsimile, or any other form of information, whether Company-provided or personal, that is accessed, transmitted to, received from, or stored on any Systems made available by the Company. RADIOS/MUSIC Radios or recorders are permitted to be played on Company premises as long as the volume is low enough so it does not interfere with anyone’s work. Employees may not use any type of headphones or ear buds to listen to music while on duty. SMOKING To maintain a safe and comfortable working environment and to ensure compliance with applicable laws, smoking in Company offices and facilities is prohibited. Additionally, employees may not smoke in any of the doorways of the Company facilities. Because the Company may be subject to criminal and civil penalties for violations of applicable smoking laws, we must insist on strict adherence to this policy. Please contact the Human Resources Department if you have any questions about the smoking policy. Complaints about violations of this policy should be addressed or filed with the Human Resources Department. No employee will be retaliated against for attempting to enforce this policy. Employees who believe they may have been retaliated against in violation of this policy should contact the Human Resources Department. 31 SOLICITATION There shall be no solicitation and no distribution by any employee during work time. Distribution in work areas is strictly prohibited at all times. Solicitation includes, but is not limited to, requests for support or money for any purpose (e.g., showers, gifts, funerals, charities, religious organizations). Distribution includes, but is not limited to flyers, leaflets, advertisements or cards for any purpose (e.g., personal items, automobiles, political causes, community organizations). Working time refers to both the time of the person doing the soliciting and the time of the person being solicited. It does not include time before or after work or during meal breaks. Work areas include all areas in which work is performed by any employee such as offices, reception areas, storage rooms, etc. Work areas do not include employee lunchrooms and restrooms. STAFF PURCHASES No Staff purchases are permitted at the present time. VISITORS All visitors are required to check-in at the reception area. For security reasons, visitors should be given access to the elevators only by the reception area. Once checked in, the receptionist should advise our employee(s) that their visitor has arrived. Visitors should be escorted to the office or conference room in which they will be meeting. Visitors are not allowed to roam through our office unattended. 32 SECTION 8 - GUIDELINES FOR APPROPRIATE CONDUCT As an integral member of the Nebraskaland team, you are expected to accept certain responsibilities, adhere to acceptable business principles in matters of personal conduct, and exhibit a high degree of personal integrity at all times. This not only involves sincere respect for the rights and feelings of others but also demands that both in your business and in your personal life you refrain from any behavior that might be harmful to you, your coworkers, and/or Nebraskaland. Listed below are some of the rules and regulations of Nebraskaland. This list should not be viewed as being all-inclusive. Types of behavior and conduct that the Company considers inappropriate and which could lead to disciplinary action up to and including immediate termination of employment without prior warning, at the sole discretion of the Company, include but are not limited to: 1. Falsifying employment or other Nebraskaland records 2. Violating Nebraskaland’s nondiscrimination, sexual harassment or other Company policy, whether in-person or via electronic equipment 3. Soliciting or accepting gratuities from customers or clients. You should not accept gifts, gratuities, favors, discounts, property, or other benefits without prior written authorization from Management. 4. Establishing a pattern of excessive absenteeism or tardiness 5. Performing your job in a manner considered unsafe 6. Reporting to work intoxicated or under the influence of non prescribed drugs 7. Illegally manufacturing, possessing, using, selling, distributing, or transporting drugs 8. Bringing or using alcoholic beverages on Company property or working while under the influence of alcoholic beverages. 9. Fighting or using obscene, abusive, or threatening language or gestures 10. Gambling on company premises 11. Sleeping on the job during regularly scheduled work hours 12. Stealing property from coworkers, customers, or clients. Theft or attempted removal of merchandise, cash funds or equipment from company premises without written approval by Management are among the offenses which are considered theft. 13. Having weapons of any type including firearms on company premises 14. Engaging in insubordination 15. Failing to maintain the confidentiality of Nebraskaland, customer or business information 33 SECTION 9 – ELECTRONIC COMMUNICATIONS & INTERNET USE POLICY To assist employees in performing their jobs, Nebraskaland provides access to the Internet and e-mail. These communication systems are made available to employees solely for appropriate business-related purposes. Unauthorized personal use or other abuse is strictly prohibited. The Company reserves the right to access, monitor, inspect, review, copy, remove, change or disclose that which is sent, received or stored through the use of its communication systems. Accordingly, employees should not expect privacy in their communications through these systems. The following guidelines, which are not all-inclusive, have been established to ensure that employees understand the Company’s expectations with regard to use of the Internet and e-mail systems. Improper use of these communications systems will result in disciplinary action, up to and including termination of employment. 1. Internet and e-mail use is limited to Nebraskaland business only. 2. Downloading of any programs, data, or other material, unless expressly approved by management, is prohibited 3. Since confidentiality cannot be assured when using the Internet or e-mail, transmission of confidential or proprietary information is discouraged. 4. The Company’s harassment policy applies fully to the use of the Internet and e-mail. Accordingly, acquisition and/or dissemination of inappropriate materials, including but not limited to those which contain sexual innuendo, pornographic material, improper jokes, harassing or threatening statements, or any statement which could be negatively perceived by others or considered hostile or offensive based on any protected classification, including but not limited to gender, age, race, color, national origin, sexual orientation, age, religion, disability, or other classifications, is strictly prohibited. 5. No abusive, profane or offensive language is to be transmitted through the Internet or e-mail. 6. Solicitation of non-Company business or any use of the Internet or e-mail for personal gain is prohibited. 7. Employees should not share their passwords or review other employees’ files without permission. Additionally, no unauthorized encryptions or passwords. 8. Visiting game sites is prohibited. 9. The sending of “chain letters” or “broadcast” messages to lists of individuals, or any other use, which may cause congestion of the network, is prohibited. 10. All messages transmitted on the Internet and via e-mail should have your name attached and no messages should be transmitted under an assumed name. 11. Employees should be aware that e-mails are Company records and can be used as evidence in a court of law. Do not send communications by e-mail, which you would not send via a written memo. 34 SECTION 10 - TERMINATION OF EMPLOYMENT Employees desiring to terminate their employment relationship with the Company are urged to notify the Company at least two weeks in advance of their intended termination. Such notice should preferably be given in writing to your manager/supervisor. Proper notice generally allows Nebraskaland sufficient time to transition your responsibilities, as well as to calculate monies to which you may be entitled to and to include such monies in your final paycheck. During any period of notice, employees will remain employed with the Company, and will continue to be entitled to receive base salary (but not a bonus, if the employee would otherwise be eligible for such a bonus). The employee’s fiduciary duties and other obligations as an employee of the Company will continue, and the employee will cooperate in the transition of his or her responsibilities. The Company shall, however, have the right, in its sole discretion, to direct that the employee no longer come in to work or to shorten the notice period. If the Company shortens the required notice period the employee has provided, it reserves the right, in its sole discretion, to not pay the employee for any remaining period of notice. As mentioned elsewhere in this Handbook, all employment relationships with Nebraskaland are on an at-will basis. Thus, although the Company hopes that our relationships with employees are long term and mutually rewarding, we reserve the right to terminate the employment relationship at any time, with or without cause or notice. Upon resignation/termination, you may be asked to complete an exit interview. Additionally, you will be required to return all Nebraskaland property including computers, other company equipment, uniforms, keys, Hunts Point market pass, cell phones, and any other items you may have that are the property of Nebraskaland. 35 NEBRASKALAND 2015 PERSONNEL HANDBOOK EMPLOYEE ACKNOWLEDGEMENT FORM I understand that the information in Nebraskaland’s Handbook represents guidelines only and that the Company reserves the right to modify this Handbook or amend or terminate any policies, procedures, or employee benefit programs whether or not described in this Handbook at any time, or to require and/or increase co-pays, deductibles, and/or contributions toward these benefit programs. I understand that I am responsible for reading this Handbook, familiarizing myself with its contents, and adhering to all of the policies and procedures of Nebraskaland, whether set forth in this Handbook or elsewhere. I understand that this Handbook is not a contract or guarantee of employment, expressed or implied, between me and Nebraskaland for any specific duration, and that I should not view it as such. ____________________________ (Print Name of Employee) _____________________________ Employee’s Signature 36 ________ Date