Employee Manual

EXECUTIVE PROCESS, LLC

DBA EZ Messenger

Version 3.6

Updated: 1/05/2022

Version History

INTRODUCTION

The purpose of this Employee Handbook is to bring together in a convenient place a summary of some of the policies and procedures that affect employees. Employees should read this Handbook and become familiar with its content. Employees should be comfortable referring to the Handbook whenever a question regarding employment with the Company arises. However, this Handbook is not an employee’s only source of information on employment-related issues. If the Handbook does not answer the question, employees should contact the Company’s Chief Executive Officer or the Chief Executive Officer’s designee (collectively, the “Designated Manager”) for clarification. Any purported clarification or supplement to this Handbook is effective only if issued by the Chief Executive Officer.

While this Handbook is designed to provide Employees with guidance of general Company policies and expectations, it is not a contract. Nothing herein is intended to create any contractual rights or obligations.

The Company expects to revise and update this Handbook from time to time and reserves the right to do so at its sole and absolute discretion. The Company will advise employees of changes, additions, or deletions in policies and procedures covered in this Handbook by circulating such changes, additions, or deletions in writing. Any such changes will supersede information on the same topic contained in this Handbook, just as this Handbook supersedes prior Company statements of policy or prior statements of policy issued by the Company.

The Company has a positive, service-oriented view of our organization and its future. We hope you will always share in our commitment to service and quality, and that this Handbook will make you more comfortable in your employment with the Company.

SECTION 100 - EMPLOYMENT

Policy 100 - Employment At-Will

This Handbook is not a contract of employment. Except as otherwise set forth in a written contract, all employment with the Company is “at-will,” which means the Company or employee may terminate the employment relationship at any time, without cause, and without notice. In addition, employees may be demoted, their job duties may be changed, or their benefits altered at any time, without cause, and without notice. No individuals authorized to bind Company.

Policy No. 101 - Equal Employment Opportunity

Every employee has the right to work in surroundings free from all forms of unlawful discrimination. Specifically, no employee will be discriminated against on any basis that is prohibited by applicable federal, state or local law, including without limitation to race, color, ancestry, national origin, gender, sexual orientation, marital status, religion, age, disability, gender identity, results of genetic testing, service in the military, or on the basis of any other protected characteristic. Equal employment opportunity applies to all terms and conditions of employment, including hiring, placement, promotion, termination, layoff, recall, transfer, leave of absence, compensation, and training.

EZ Messenger expressly prohibits any form of unlawful employee harassment or discrimination based on any of the characteristics mentioned above. Improper interference with the ability of other employees to perform their expected job duties is not tolerated.

Any employee who witnesses or experiences any discriminatory act should report his or her concerns as specified in Policy No. 404.

Policy No. 101.1 - Disability Accommodation

The Company is committed to complying with all applicable provisions of the Americans with Disabilities Act (“ADA”), the ADA Amendments Act, and all applicable state and local laws that address disability in the workplace. It is the Company’s policy not to discriminate against a qualified employee with regard to any terms or conditions of employment because of such individual’s actual or perceived disability.

If you have a disability and believe you need a reasonable accommodation to perform the essential functions of your job, you are responsible for contacting the HR representative to request a reasonable accommodation. You may make your request orally or in writing, but the Company encourages you to make a request in writing and include relevant information, such as a description of the accommodation you are requesting, the reason you need an accommodation, and how the accommodation will help you perform the essential functions of your job. It is the Company’s policy to work with you, through an interactive process, to try to find a reasonable accommodation to enable you to perform your job, as long as the accommodation does not cause the Company, or your fellow employees, undue hardship. So that the Company may best understand your disability and the accommodation you may need, the Company may request medical documentation and information about your disability, as well as information about the accommodation you are requesting. If the information you provide is not sufficient, the Company may ask you to see a health care professional of the Company’s choosing, at the Company’s expense. In those cases, if you fail to provide the requested information or see the designated health care professional, your request for an accommodation may be denied. The Company will keep any medical information it receives in connection with your request for accommodation confidential and will not disclose it except on a need-to-know basis with medical personnel and supervisory management, where necessary to structure the accommodation or to address direct threats to health or safety.

Policy No. 101.2 - Genetic Information

It is the Company’s policy not to request or consider an individual’s genetic background or information in rendering employment decisions. The Company’s policy is consistent with the following notice:

The Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers and other entities covered by GINA Title II from requesting or requiring genetic information of an individual or family member of the individual, except as specifically allowed by this law. To comply with this law, we are asking that you not provide any genetic information when responding to any request for medical information. “Genetic Information” as defined by GINA includes an individual’s family medical history, the results of an individual’s or family member’s genetic tests, the fact that an individual or an individual’s family member sought or received genetic services, and genetic information of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by an individual or family member receiving assistive reproductive services.

Policy No. 102 - Employment Classifications

Wage rates or salary, benefits, and job duties are affected, in part, by the employee’s classification. The following are the most common employee classifications used by the Company. An employee may fall into more than one of these categories:

1. Regular, Full-Time Employee: An employee who is regularly scheduled to work an average of 40 hours per week. These employees are eligible for the full-time benefits package and are subject to the terms, conditions, and limitations of each benefits program.

2. Part-time: An employee who is regularly scheduled to work less than full-time but more than 30 hours a week is eligible for the part-time company benefits package and are subject to the terms, conditions, and limitations of each benefits program.

3. Part-time without medical benefits: An employee who is scheduled to work less than 30 hours per week is eligible for the part-time benefits package and are subject to the terms, conditions, and limitations of each benefits program. They are not eligible for any of the items offered thru the group insurance programs.

4. Casual Employee: An employee who is hired to work on an intermittent or as-needed basis is only eligible for part-time company PTO.

5. Temporary Employee: An employee who is hired with the expectation that he/she will be needed for a limited period of time for a particular project, and who is not generally entitled to any Company benefits, unless otherwise required by law.

6. Non-exempt Employee: An hourly employee who is eligible for overtime pay for all hours actually worked in excess of forty (40) hours in a work week in accordance with applicable federal and state wage and hour laws.

7. Exempt Employee: An employee who is paid a fixed salary on a weekly, monthly, or annual basis and who otherwise meets the criteria for exclusion under the applicable federal and state wage and hour laws, including but not limited to, executive, administrative, or professional employees. An exempt employee is not eligible to receive overtime pay.

The Company strives to properly classify workers as full-time, part-time, exempt, or non-exempt, based on their compensation and duties, consistent with law. In the event that you believe that you have been misclassified, or that the Company has made any deductions from your pay that you believe are inconsistent with your classification, the Company encourages you to bring this to the attention of your supervisor as soon as possible. The Company will promptly investigate such matters and, if an error has been made, will promptly correct it. In the event of any mistaken deductions which are inconsistent with the salary basis requirement for any exemptions, the Company will return the funds deducted from your pay.

Policy No. 103 - Personnel Records

It is the policy of the Company to maintain personnel records for current and past employees in accordance with applicable law and considers all such records to be the exclusive property of the Company. Access to personnel records will be limited in accordance with applicable law, although under some circumstances, the Company may be required to provide personnel records under federal or state law, or in response to a subpoena or court order.

Employees may inspect their own personnel records consistent with state law but may not remove documents contained in the file. Any such inspection must be requested in writing and will be scheduled at a mutually convenient time. An employee may receive copies of any documents that he/she has signed by request but may not copy any other documents in the file. The Company reserves the right, at its sole discretion, to apply a charge per copy fee. In addition, the Company reserves the right to exclude from inspection records deemed to contain sensitive or confidential corporate plans, materials, or other information that may violate the privacy rights of third parties.

All inspections must be conducted in the presence of the Designated Manager. Any concerns regarding the completeness or accuracy of the information contained in the personnel file should be discussed with the employee’s Designated Manager.

When a current employee needs the Company to verify employment (such as for a loan approval), the employee should advise the Human Resource Manager of the need at the earliest opportunity, so the Human Resource Manager can verify, in writing, the authorization to release employment information.

The Company also reserves the right to provide references regarding former employees, in writing. Generally, such references will only include verification of dates of employment, job title, and duties, unless the former employee provides a written release of additional information.

Inquiries for references, credit checks, and loan verifications on current and past employees should be directed to the Human Resource Manager. No one other than the Human Resource Manager is authorized to provide a reference on behalf of the Company regarding former or current employees.

Policy No. 104 - Personal Information

Employees have a responsibility to make sure their personnel records are up to date. Employees are responsible to notify the Designated Manager of any personal changes, including but not limited to name, addresses, telephone numbers, number of dependents, change in marital status, emergency contacts, and other personal information. This will enable the Company to keep personnel records accurate and updated, so the Company can communicate with employees as needed. In addition, employees who have a change in the number of dependents or marital status must complete a new Form W-4 and A-4 for income tax withholding purposes within ten (10) days of the change.

Policy No. 105 -Confidentiality/ Non-Solicitation Agreement

The protection of confidential business information and trade secrets is vital to the interests and success of the Company. Confidential information is any and all information disclosed to or known by you because of employment with the Company that is not generally known to people outside the Company about its business.

An employee who improperly uses or discloses trade secrets or confidential business information will be subject to disciplinary action up to and including termination of employment and legal action, even if he or she does not actually benefit from the disclosed information.

All inquiries from the media must be referred to the Company President.

This provision is not intended to, and should not be interpreted to, prohibit employees from discussing wages and other terms and conditions of employment if they so choose.

As a requirement of employment with the Company, each Company employee must sign a Confidentiality/ Non-Solicitation Agreement. The current version of the Company’s standard Confidentiality/ Non-Solicitation Agreement is available upon request from the Designated Manager.

Policy No. 106 - Employee Referral Program

The purpose of an employee referral program is to encourage and reward current employees for referring candidates who are subsequently hired and retained by the Company. Under certain circumstances, and from time to time, the Company may pay a discretionary bonus to an employee (below Executive level) when the Company hires an individual based upon that employee’s referral. Please refer to the HR Manager regarding processes and various referral rewards.

In order for the referring employee to be considered for the referral bonus, the referring employee must submit the candidate to HR using our referral form prior to the referred candidate receiving an offer and must be an employee in good standing at the time of submittal and upon payout of the incentives. Furthermore, a referring employee will not be considered eligible (1) for the sign on bonus of this program until he/she has been hired by EZ Messenger and begins working on his/her scheduled start date; (2) for the 90 day bonus until the referral has completed ninety (90) days of continued employment, and he/she is not on a final written warning, has given notice of resignation, or is scheduled to be the new hire’s direct or indirect Manager; (3) for the 1 year bonus until the referral has completed one (1) year of continued employment. Anyone involved in the hiring process, including all Executive employees, or are the direct or indirect supervisor of the referral are not eligible for any employee referral program incentives.

The candidate referred and the employee who referred the candidate must both be employed on the day the payout is made.

Policy No. 107 - Background Checks

The Company will conduct background checks on applicants being considered for employment. Employees being considered for promotion may also be requested to have a background check preformed. Checks may also be conducted on current employees periodically. The background check can include any of the following. Internal background check, drug testing, FBI fingerprint and previous employment verification.

Policy No. 108 - Employee Invention Agreement

As a requirement of employment with the Company, each employee must sign an Employee Invention Agreement. The current version of the Company’s standard Employee Invention Agreement is attached for your reference.

Policy No. 109 - Arbitration Agreement

As a requirement of employment with the Company, each employee must sign an Arbitration Agreement. The current version of the Company’s standard Arbitration Agreement is attached for your reference.

Policy No. 110 - Work Authorization

It is the Company’s policy to employ only those individuals who are legally eligible to work in the United States. Appropriate, genuine, and original documentation will be required from all new hires on the date of employment. This documentation must prove both identity and the right to work in the United States. Documents to be provided include an individual’s birth certificate, social security card, driver’s license, or, if available, a passport. The employee will be submitted to E-Verify for authentication. Copies will be made for the personnel file. New drivers are to supply a current copy of their DMV report to ensure eligibility to drive.

Policy No. 111 - Employment Rehire

If an employee terminates in good standing and has issued his/her notice of resignation to the Company at least two (2) weeks in advance, he/she potentially may be eligible for re-hire. The Company is not required to rehire any individual and will do so only at its discretion. If the Employee has been gone from the Company for forty-five (45) or more calendar days, the rehire will be treated the same as a new hire. All benefits available to the rehired Employee will fall under the same guidelines as a new hire.

Policy No. 112 - Performance Appraisals

It is the policy of the Company that the employee’s Manager will evaluate the job performance of each employee for the purposes of providing feedback and discussing career development activities. Managers will communicate expectations and evaluate employee performance in accordance with the Company’s performance evaluation procedures as modified from time to time by the Company. Information derived from performance appraisals may be considered when making decisions affecting an employee, including, but not limited to, decisions concerning training needs and opportunities, pay, promotion, transfer, or continued employment. The procedures discussed in this policy are only guidelines. The Company may unilaterally modify or revoke in whole or in part from time to time. Accordingly, these procedures are not a promise or contract, express or implied, that they will be used in every instance (see Policy No. 100 “Employment-At-Will”).

SECTION 200 – HOURS OF WORK, ATTENDANCE AND PAYROLL PRACTICES

Policy No. 200 - Work Week and Scheduling

For payroll and accounting purposes, the regular workweek begins each Monday at 12:00 a.m. and ends Sunday at 11:59 p.m. The Company’s normal business hours are from 8:00 a.m. to 5:00 p.m. Monday through Friday, although due to the nature of the Company’s business, some employees may begin prior to 8:00 a.m. or work later than 5:00 p.m.

The normal workday for a full-time non-exempt employee is eight (8) hours plus an unpaid meal period of thirty (30) minutes to one (1) hour depending on local management designated format. The employee’s Manager establishes the normal workday hours for non-exempt employees. Non-exempt employees should be available to begin work no earlier than five (5) minutes before their shift starts and end work no later than five (5) minutes after their shift ends.

Exempt employees are generally expected to work during the Company’s normal business hours. In addition, they may be expected to work additional hours in order to complete duties and assignments.

The Company reserves the right to change the regular work week, the normal business hours, or the normal workday with prior notice to employees.

Individual work schedules may be established by Managers and communicated in advance. Employees are expected to work all assigned hours and days. Requests for scheduling changes or for particular days off must be made ahead of time and approved by the employee’s Manager.

Policy No. 201 - Rest and Meal Periods

All non-exempt employees receive a ten-minute paid rest break for each four hours of working time, unless the nature and circumstances of the non-exempt employees work allows for the equivalent of ten (10) minutes rest taken intermittently or prevents the Company from establishing and maintaining the regularly scheduled rest period.

Non-exempt employees working more than five (5) hours in a day are required to take a meal break two (2) to five (5) hours into their shift. The normal meal break is a thirty-minute to one (1) hour unpaid period. Any non-exempt employee who works at least ten (10) hours in a day is required to take a second thirty-minute unpaid meal period around the middle of the second five-hour period. Rest and Meal breaks may be assigned by Company Managers.

Any non-exempt employee who is unable to take his/her rest or meal period must notify his/her Manager promptly so that the Company can reschedule the break/meal period or otherwise ensure that the employee receives proper compensation.

Policy No. 202 - Attendance and Punctuality

Timely and regular attendance is an expectation of performance for all EZ Messenger employees. To ensure adequate staffing, positive employee morale, and to meet expected productivity standards throughout the organization, employees will be held accountable for adhering to their workplace schedule. In the event an employee is unable to meet this expectation, he/she must obtain approval from their supervisor in advance of any requested schedule changes. This approval includes requests to use appropriate accruals, as well as late arrivals to or early departures from work. Departments have discretion to evaluate extraordinary circumstances of a tardy, absence or failure to clock-in or clock-out and determine whether or not to count the incident as an occurrence. HR Team members are available to advise supervisors regarding the evaluation of extenuating circumstances.

Absent

An employee is deemed absent when he/she is unavailable for work as assigned/scheduled and such time off was not scheduled/approved in advance as required by department notification procedure.

Tardy

An employee is deemed to be tardy when he/she:

• Fails to report for work at the assigned/scheduled work time. In these instances, managers may replace the tardy employee for the full shift.

• Leaves work prior to the end of assigned/scheduled work time without prior supervisory approval.

• Takes an extended meal or break period without approval.

• Arrives to work past his/her scheduled start time may be replaced for the full shift at the discretion of his/her supervisor.

Time Clocks and Failure to Clock in/out

Hourly employees are required to follow established guidelines for recording their actual hours worked. A missed time clock punch is a violation of this policy and includes:

• Failure to clock in/out on their designated time clock (i.e. PAYCOM) at the beginning and/or end of their assigned shift.

• Failure to clock in/out on their designated time clock for the meal break.

• Failure to accurately and timely report time worked.

• Clocking in/out early (or late) of assigned shift without prior approval.

Remote Working or Access

Some Employees may be hired to work remotely on a permanent or temporary basis. Permanent remote work employees should indicate their primary working address in a remote working agreement. This contract will also outline their responsibilities as remote employees. Our remote employees must follow our company’s policies like their office-based colleagues. Ex: attendance, social media, confidentiality, data protection, employee code of conduct, anti-discrimination/equal opportunity, and dress code when meeting with clients or team members.

• A remote employee is expected to follow the same guidelines and policies enforced as an EZ Messenger employee, by clocking in and out for scheduled shifts, including lunch breaks.

• If an employee is authorized to have remote/mobile Time-Clock access for various job positions at EZ Messenger, such as EFAP employees and delivery driver, they are required to clock in for their shift and out from their shift using a worksite Time-Clock. Remote access through mobile use should only be used if the employee is out in the field and taking a lunch break.

• If an hourly employee has a need to travel, they should contract HR to have their Time-Clock converted to mobile access. In this case they should clock in when they start work and clock out when they conclude their workday using their mobile devise.

Departmental Notification Procedure

Employees are expected to follow departmental notification procedures if they will be late for work, will not be at work, or are requesting planned time away from work. Employees must request, in advance to their supervisor or designee and in accordance with departmental procedure if they wish to arrive early or leave early from an assigned shift.

At the time of notification/call, the employee must notify their supervisor when an absence is due to a documented/approved leave of absence (e.g. Military Leave, FMLA) in order to ensure appropriate tracking of leave utilization and absenteeism.

An employee who fails to call in and report to work as scheduled for three consecutively scheduled workdays will be viewed as having abandoned their position and employment will be terminated. The supervisor should consult with Human Resources if this situation occurs.

Incidents of not following the departmental notification procedures, including No-Call/No-Show, will be addressed in accordance with the Progressive Discipline policy.

Progressive Discipline Process

Supervisors should monitor their employees' attendance on a regular basis and address unsatisfactory attendance in a timely and consistent manner. If supervisors notice a pattern of unscheduled usage of accrued time off, they should discuss this concern with the employee.

When an employee has been previously counseled under the Progressive Discipline Policy and/or the Performance Accountability and Commitment Policy, the totality of the circumstances will be assessed when determining further action. For situations involving suspension or termination of employment, the supervisor should consult with Human Resources prior to implementing disciplinary action.

Timely and regular attendance is a performance expectation of all EZ Messenger employees. Consequently, those employees who have exhibited unsatisfactory attendance which resulted in disciplinary action (written or final) during the previous twelve (12) months may have the behavior documented in their annual evaluation.

Occurrences

An occurrence is documented as an absence, tardy or missed time clock in/out. While an absence refers to a single failure to be at work, an occurrence may cover consecutive absent days when an employee is out for the same reason.

The following grid is designed to provide guidelines when addressing the total number of occurrences in a rolling twelve (12) month period, provided that the reason for an occurrence is not protected under FMLA.

Policy No. 203 - Pay Periods and Paydays

The Company’s pay periods are semi-monthly. Pay periods vary depending on if the employee’s status is hourly or salary. Consult Paycom for your pay period schedule. Paydays are the 15th and the last day of the month for all employees. If pay day falls on a holiday or weekend payday will be the preceding workday.

All pay related changes must be submitted no later than the last day of the hourly pay period end cycle. Employees should verify all paychecks as soon as possible after receiving them to ensure that all time has been properly recorded and compensated. If you notice any pay discrepancies, please notify the office manager immediately so that they can be corrected by your next paycheck.

Policy No. 204 - Overtime

Occasionally some overtime may be required. Working assigned overtime is an important part of each non-exempt employee’s job responsibilities. All overtime work must be authorized in writing in advance, unless an employee’s Manager determines that an emergency exists. The overtime rate is one- and one-half (1.5) times the regular rate of pay for all hours actually worked over forty (40) hours in one (1) workweek. Paid leave, such as holiday, PTO/sick, vacation, bereavement time, maternity leave and jury duty does not apply toward time worked.0

Exempt employees are expected to work whatever hours are necessary to complete their work. They do not receive overtime compensation.

Employees who are not exempt from overtime pursuant to federal and/or state laws are expected to properly report all hours worked, including overtime hours. Working “off the clock” is strictly prohibited. Any employees who do so, or any supervisor or manager who instructs an employee to do so, will face disciplinary action, up to and including termination.

Policy No. 205 - Advances

The Company’s policy is to make available a maximum of one (1) advance per year to provide aid and assistance to employees that have unforeseen financial emergencies. Additional advances may be granted after one (1) year from repayment of the preceding advance. Employees that work a minimum of thirty (30) hours a week and have been employed for a minimum of six (6) months are eligible for an advance.

To request an advance, an employee must fill out the appropriate form and receive the approval of the Designated Manager and the Controller. The maximum single advance amount is three hundred dollars ($300) unless special permission is granted jointly by the Controller and the President. Repayment terms must be in writing and agreed to by the requesting employee. All advance repayments will be deducted from the employee’s paycheck. Employees have up to ninety (90) days to payback the advance. In addition to both Designated Manager and the Controller the President must approve any advance requests over three hundred dollars ($300). All advances are at the discretion of the Controller and the President.

If an employee is terminated prior to completing the advance repayment, the outstanding balance will be deducted from their final check.

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SECTION 300 - HOLIDAYS / PAID TIME OFF (PTO) / BENEFITS / LEAVES

Policy No. 300 - Holidays

Full-time hourly and salaried employees are eligible for holiday pay. Part-time (average minimum 24 hours weekly) hourly employees will receive part-time holiday pay. These full-time hourly, part-time hourly, and salaried employees become eligible after they have been actively employed with the company for three (3) months. Casual and temporary employees, including summer employees, are not eligible for holiday pay.

New Year’s Day Labor Day

Presidents’ Day Thanksgiving

Memorial Day Friday after Thanksgiving

Independence Day Christmas Day

If a holiday falls on a Saturday, the preceding Friday will be recognized as the holiday. If a holiday falls on a Sunday, the following Monday will be recognized as the holiday. If a holiday falls during an employee’s vacation, the holiday will not count as a vacation day. To receive holiday pay, an employee must have worked the last scheduled workday before and after the holiday, unless on prior approved PTO day. If an employee is absent immediately preceding or following a holiday, they must present valid documentation for the absence to be eligible for holiday pay.

If your work schedule is compressed and a holiday falls on a 10-hour workday, you will receive 8 hours pay. You may choose to make up the 2 additional hours throughout the week in which the holiday falls. If the holiday falls on a day you are not scheduled to work, then you will be given the preceding workday off instead. This is true even if the replacement holiday is in a different pay period.

Part-time hourly employees are paid 4 hours per holiday day.

The Company recognizes that some employees may wish to observe, as periods of worship or commemoration, certain days, which are not included in the Company's regular holiday schedule. Accordingly, employees may use accrued PTO for such reasons with their Manager’s approval. An employee who terminates his/her employment or commences an unpaid leave of absence on the last scheduled workday preceding a holiday is not eligible to receive holiday pay. Non-exempt employees required to work on a scheduled holiday will be paid their regular rate for hours worked in addition to holiday pay. Holiday pay will not count as hours worked in overtime calculations.

EZ Messenger reserves the right to modify work hours throughout the Thanksgiving/ December/ New Year’s holiday season.

Policy No. 301 - PTO

Purpose/Objective

EZ Messenger provides a flexible bank of paid time off (PTO) to eligible employees to enable employees to meet both their work and personal needs. The company believes that PTO is valuable for employees not only to make their work experience with the company personally satisfying but also to enhance their productivity.

Eligibility

All regular full time and part time employees are eligible to accrue PTO. PTO is accrued upon hire but is only available to be used after a 90-day introductory period.

Procedures

PTO may be used for any reason, including vacation, illness, medical appointments, family care and personal business. Employees may not take PTO until they have earned or accrued the time. After completion of the introductory period, full-time employees accrue PTO based on their regularly scheduled work week and continuous years of service and according to the following schedule:

Once an employee has reached his or her maximum PTO accrual cap amount, the employee will not become eligible to accrue any additional PTO until the employee’s PTO balance falls below the maximum accrual cap. In other words, employees with less than 1 year of service may not accrue more than 10 days of PTO. In addition, employees taking an unpaid leave of absence or who are on leave receiving disability payments do not accrue PTO while they are on leave.

PTO is provided to employees so that they are better able to perform their job duties. For this reason, the company requires employees to take PTO and does not permit employees to take pay in lieu of PTO. The company also reserves the right to direct employees to take PTO when business conditions make that necessary or appropriate.

Scheduling PTO

PTO must be scheduled through Paycom and approved by the employee’s supervisor at least two weeks in advance. The company has the right to refuse an employee’s application for PTO if, at the company’s sole discretion, scheduling PTO at the time requested would be inconsistent with the smooth operation of the company’s business.

Unscheduled PTO

In some instances, it may not be possible for an employee to schedule PTO. Unscheduled PTO is only permitted in cases of medical emergencies or illness, or where otherwise legally required. Employees who need to take unscheduled PTO must comply with the following:

1. Notify their supervisors or other available management as soon as possible. Employees must personally contact their supervisors as far in advance as possible, so that proper arrangements can be made to handle the employees’ work in their absence. Texting or emailing is not sufficient. Leaving a message with another employee does not satisfy this responsibility. Employees are also responsible for informing their supervisors of the anticipated date of their return to work.

2. Provide daily updates. Employees who are using unscheduled PTO are responsible for personally contacting their supervisors each workday and providing updates on their anticipated dates of return.

3. Supply medical certification. The company may require employees who are absent due to their own illnesses, or to care for an ill parent, child, spouse, or domestic partner, to provide appropriate medical documentation from a health care provider. The company may also, in certain instances, require a second certification from another health care provider.

Employees’ failure to contact their supervisors or to provide appropriate medical certification when requested may result in denial of PTO benefits and discipline, including termination. Leave under this policy may run concurrently with leave taken under other applicable policies as well as under local, state, or federal law.

When PTO is used, an employee is required to request payment of PTO hours according to his/her regularly scheduled workday. For example, if an employee works a six-hour day, he/she would request six hours of PTO when taking that day off. PTO can be used in increments of one (1) hour or more. PTO is paid at the employee’s straight time rate. PTO is not part of any overtime calculation.

Payment Upon Termination

Accrued and unused PTO time is not earned until it is used and, thus, it expires and is not paid out on separation, except where legally required. However, certain employees who have completed their probationary period (90 days of employment) are eligible for PTO payout under the following circumstances.

Voluntary Resignation or Retirement

An employee who provides two weeks’ notice and fully and actively works for the final two weeks of his or her employment will be paid his or her earned and unused PTO upon resignation. If an employee does not provide two weeks’ notice and/or does not fully and actively work during his or her final two weeks of employment without using leave time during that period, the Company will not be held responsible for paying out any accrued and unused PTO.

Involuntary Termination

When an employee is involuntarily terminated for any reason, including without limitation during a reduction in force, the Company will not pay out any accrued and unused PTO, unless applicable law requires the payment of PTO upon termination.

Advanced/Borrowed PTO

If an employee resigns or is terminated, any advanced or borrowed PTO hours will be returned to the Company through the employee’s final check. By borrowing or otherwise accepting an advance of PTO, the employee thereby consents to the withholding of funds from his or her paycheck to offset the cost of the advanced PTO.

Policy No. 302 - Group Insurance Programs

Employees are eligible to participate in employer-sponsored insurance programs, such as medical, dental, life, and disability insurance. New hires are eligible on the first day of the month following sixty (60) days of employment. The employee must work at least 30 hours a week to qualify for any and all insurance programs.

The Company reserves the right to add to, amend, and discontinue all or some of the insurance programs at any time, subject to applicable laws and regulations. The actual benefits provided, as well as eligibility requirements, are determined by the plan documents. For information about the Company’s group insurance programs, consult the applicable benefits booklet or contact the Human Resource Manager.

Policy No. 303 - Maternity Leave

It is the policy of the Company to grant paid maternity leave to all full-time employees that qualify. Pregnant employees may continue to work until they are certified as unable to work by their physician. At that point, pregnant employees are entitled to receive benefits in accordance with EZ Messenger policy.

EZ Messenger will provide one (1) week of paid maternity leave per year of employee’s full-time employment with EZ Messenger, up to a maximum of four (4) weeks. Employees with less than one (1) full year of service will not receive paid maternity leave.

Policy No. 304 - Family and Medical Leave

The Family and Medical Leave Act of 1993 as amended (FMLA) provides eligible employees the opportunity to take unpaid job-protected leave for certain specific reasons. The maximum amount of leave an employee may use is either twelve (12) or twenty-six (26) workweeks within a twelve (12) month period, depending on the reasons for the leave.

Employee Eligibility: To be eligible for FMLA leave, you must:

• have worked for the Company for 12 months. The 12 months of employment are not required to be consecutive to qualify for FMLA leave. In general, however, only employment within 7 years is counted unless the break in service is (1) due to an employee’s fulfillment of military obligations, or (2) governed by a collective bargaining agreement or other written agreement;

• have worked at least 1,250 hours for the Company over the preceding 12 months; and,

• currently work at a location where the Company has 50 or more employees within 75 miles.

All periods of absence from work due to or necessitated by service in the uniformed services are counted in determining FMLA eligibility.

Conditions Triggering Leave: FMLA leave may be taken for the following reasons:

• birth of a child, or to bond with a newborn child (up to 12 workweeks);

• placement of a child with the employee for adoption or foster care and to bond with that child (up to 12 workweeks);

• to care for an immediate family member (employee’s spouse, child, or parent) with a serious health condition (up to 12 workweeks);

• the employee is unable to work because of a serious health condition (up to 12 workweeks);

• to handle certain qualifying exigencies arising out of the fact that the employee’s spouse, child, or parent is on covered active duty or call to covered active duty status as a member of the National Guard, Reserves, or Regular Armed Forces (up to 12 workweeks) (see Military-Related FMLA Leave for more details); and

• FMLA also allows eligible employees to take up to 26 workweeks of unpaid, job-protected leave in a “single 12-month period” to care for a Covered Servicemember with a serious injury or illness (see Military-Related FMLA Leave for more details).

The maximum amount of leave that may be taken in a 12-month period for all reasons combined is 12 workweeks, with one exception. For leave to care for a Covered Servicemember, the maximum combined leave entitlement is 26 workweeks, with leaves for all other reasons constituting no more than 12 of those 26 workweeks.

Serious Health Condition

The most common serious health conditions that qualify for FMLA leave are:

• conditions requiring an overnight stay in a hospital or other medical care facility;

• conditions that incapacitate you or your family member (for example, unable to work or attend school) for more than three consecutive days and have ongoing medical treatment (either multiple appointments with a health care provider, or a single appointment and follow-up care such as prescription medication);

• chronic conditions that cause occasional periods when you or your family member are incapacitated and require treatment by a health care provider at least twice a year; and

• pregnancy (including prenatal medical appointments, incapacity due to morning sickness, and medically required bed rest).

Other situations may meet the definition of a serious health condition.

Identifying the 12-Month Period

The 12-month period in which 12 workweeks of leave may be taken is the 12-month period measured forward from the date FMLA leave begins. For leave to care for a Covered Servicemember, the Company calculates the 12-month period beginning on the first day the eligible employee takes FMLA leave to care for a Covered Servicemember and ends 12 months after that date. FMLA leave for the birth or placement of a child for adoption or foster care must be concluded within 12 months of the birth or placement.

Using Leave

Eligible employees may take FMLA leave in a single block of time, intermittently (in separate blocks of time), or by reducing the normal work schedule when medically necessary for the serious health condition of the employee or immediate family member, or in the case of a Covered Servicemember, his/her injury or illness. Eligible employees may also take intermittent or reduced-scheduled leave for military qualifying exigencies. Intermittent leave may be used for birth of a child, to care for a newly-born child, or for placement of a child for adoption or foster care only with your supervisor’s prior approval. Employees who require intermittent or reduced-schedule leave must try to schedule their leave so that it will not unduly disrupt the Company’s operations.

Use of Accrued Paid Leave

Depending on the purpose of your leave request, you may choose (or the Company may require you) to use accrued paid leave (such as sick leave, vacation, or PTO), concurrently with some or all of your FMLA leave. To substitute paid leave for FMLA leave, an eligible employee must comply with the Company’s normal procedures for the applicable paid-leave policy (e.g., call-in procedures, advance notice, etc.).

Maintenance of Health Benefits

If you and/or your family participate in our group health plan, the Company will maintain coverage during your FMLA leave on the same terms as if you had continued to work. If applicable, you must make arrangements to pay your share of health plan premiums while on leave. In some instances, the Company may recover premiums it paid to maintain health coverage or other benefits for you and your family. Use of FMLA leave will not result in the loss of any employment benefit that accrued prior to the start of your leave.

Notice and Medical Certification

When seeking FMLA leave, you are required to provide:

• Sufficient information for us to determine if the requested leave may qualify for FMLA protection and the anticipated timing and duration of the leave. Sufficient information may include that you are unable to perform job functions, a family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. You must also inform the Company if the requested leave is for a reason for which FMLA leave was previously taken or certified.

• If the need for leave is foreseeable, this information must be provided 30 days in advance of the anticipated beginning date of the leave. If the need for leave is not foreseeable, this information must be provided as soon as is practicable and in compliance with the Company normal call-in procedures, absent unusual circumstances.

• Medical certification supporting the need for leave due to a serious health condition affecting you or an immediate family member within 15 calendar days of the Company’s request to provide the certification (additional time may be permitted in some circumstances). If you fail to do so, we may delay the commencement of your leave, withdraw any designation of FMLA leave or deny the leave, in which case your leave of absence would be treated in accordance with our standard leave of absence and attendance policies, subjecting you to discipline up to and including termination. Second or third medical opinions and periodic re-certifications may also be required;

• Periodic reports as deemed appropriate during the leave regarding your status and intent to return to work; and

• Medical certification of fitness for duty before returning to work, if the leave was due to your serious health condition. The Company will require this certification to address whether you can perform the essential functions of your position.

Failure to comply with the foregoing requirements may result in delay or denial of leave, or disciplinary action, up to and including termination.

Employer Responsibilities

To the extent required by law, the Company will inform employees whether they are eligible under the FMLA. Should an employee be eligible for FMLA leave, the Company will provide him/her with a notice that specifies any additional information required as well as the employee’s rights and responsibilities. If employees are not eligible, the Company will provide a reason for the ineligibility. The Company will also inform employees if leave will be designated as FMLA-protected and, to the extent possible, note the amount of leave counted against the employee’s leave entitlement. If the Company determines that the leave is not FMLA-protected, the Company will notify the employee.

Job Restoration

An employee who takes FMLA leave generally has the right to be restored to his or her original position or to an equivalent position with equivalent pay, benefits, and other employment terms and conditions upon returning from FMLA leave. There are, however, certain exceptions that may apply.

Failure to Return After FMLA Leave

Any employee who fails to return to work as scheduled after FMLA leave or exceeds the FMLA entitlement, will be subject to the Company’s standard leave of absence and attendance policies. This may result in termination if you have no other Company-provided leave available to you that applies to your continued absence. Likewise, following the conclusion of your FMLA leave, the Company’s obligation to maintain your group health plan benefits ends (subject to any applicable COBRA rights).

Other Employment

The Company generally prohibits employees from holding other employment. This policy remains in force during all leaves of absence including FMLA leave, and violation of this policy may result in disciplinary action, up to and including immediate termination of employment.

Fraud

Providing false or misleading information or omitting material information in connection with an FMLA leave will result in disciplinary action, up to and including immediate termination.

Employer’s Compliance with FMLA and Employee’s Enforcement Rights

FMLA makes it unlawful for any employer to interfere with, restrain, or deny the exercise of any right provided under FMLA, or discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA.

While the Company encourages employees to bring any concerns or complaints about compliance with FMLA to the attention of your supervisor, FMLA regulations require employers to advise employees that they may file a complaint with the U.S. Department of Labor or bring a private lawsuit against an employer.

Further, FMLA does not affect any federal or state law prohibiting discrimination or supersede any state or local law or collective bargaining agreement which provides greater family or medical leave rights.

Military-Related Federal FMLA Leave

FMLA leave may also be available to eligible employees in connection with certain service-related medical and non-medical needs of family members. There are two forms of such leave. The first is Military Caregiver Leave, and the second is Qualifying Exigency Leave. Each of these leaves is detailed below.

Definitions

A “Covered Servicemember” is either: (1) a current member of the Armed Forces (including a member of the National Guard or Reserves) who is undergoing medical treatment, recuperation, or therapy, is in outpatient status, or is on the temporary disability retired list, for a serious injury or illness; or (2) a “covered veteran” who is undergoing medical treatment, recuperation, or therapy for a qualifying serious injury or illness.

The FMLA definitions of “serious injury or illness” for current servicemembers and veterans are distinct from the FMLA definition of “serious health condition.” For current servicemembers, the term “serious injury or illness” means an injury or illness that was incurred by the member in the line of duty while on active duty in the Armed Forces or that existed before the beginning of active duty and was aggravated by such service, that may render them medically unfit to perform the duties of their office, grade, rank or rating.

“Qualifying exigencies” include activities such as short-notice deployment, military events, arranging alternative childcare, making financial and legal arrangements related to the deployment, rest and recuperation, counseling, parental care, and post-deployment debriefings.

Military Caregiver Leave

Unpaid Military Caregiver Leave is designed to allow eligible employees to care for certain family members who have sustained serious injuries or illnesses in the line of duty while on active duty. Military Caregiver Leave is a special leave entitlement that permits eligible employees to take up to 26 workweeks of leave to care for a Covered Servicemember during a single 12-month period.

To be “eligible” for Military Caregiver Leave, the employee must be a spouse, son, daughter, parent, or next of kin of the Covered Servicemember. The employee must also meet all other eligibility standards as set forth within the FMLA Leave policy.

The “single 12-month period” begins on the first day leave is taken to care for a Covered Servicemember and ends 12 months thereafter, regardless of the method used to determine leave availability for other FMLA-qualifying reasons. If an employee does not exhaust his or her 26 workweeks of Military Caregiver Leave during this “single 12-month period,” the remainder is forfeited.

An employee seeking Military Caregiver Leave may be required to provide appropriate certification from the employee and/or Covered Servicemember and completed by an authorized health care provider within 15 days. Military Caregiver Leave is subject to the other provisions in our FMLA Leave Policy (requirements regarding employee eligibility, appropriate notice of the need for leave, use of accrued paid leave, etc.). Military Caregiver Leave will be governed by, and handled in accordance with, the FMLA and applicable regulations, and nothing within this policy should be construed to be inconsistent with those regulations.

Qualifying Exigency Leave

Eligible employees may take unpaid “Qualifying Exigency Leave” to tend to certain “exigencies” arising out of the duty under a call or order to active duty of a “military member” (i.e. the employee’s spouse, son, daughter, or parent). Up to 12 workweeks of Qualifying Exigency Leave is available in any 12-month period, as measured by the same method that governs measurement of other forms of FMLA leave within the FMLA policy (with the exception of Military Caregiver Leave, which is subject to a maximum of 26 workweeks of leave in a “single 12-month period”). Although Qualifying Exigency Leave may be combined with leave for other FMLA-qualifying reasons, under no circumstances may the combined total exceed 12 workweeks in any 12-month period (with the exception of Military Caregiver Leave as set forth above). The employee must meet all other eligibility standards as set forth within the FMLA policy.

Qualifying exigencies for which an employee may take FMLA leave include issues arising from the military member’s short notice deployment, making alternative child care arrangements for a child of the deployed military member, attending certain military ceremonies and briefings, or making financial or legal arrangements to address the military member’s absence.

An employee seeking Qualifying Exigency Leave may be required to submit appropriate supporting documentation in the form of a copy of the military member’s active duty orders or rest and recuperation orders or other military documentation indicating the appropriate military status and the dates of active duty status, along with a statement setting forth the nature and details of the specific exigency, the amount of leave needed and the employee’s relationship to the military member, within 15 days. Qualifying Exigency Leave will be governed by, and handled in accordance with, the FMLA and applicable regulations, and nothing within this policy should be construed to be inconsistent with those laws or regulations.

Limited Nature of This Policy

This Policy should not be construed to confer any express or implied contractual relationship or rights to any employee not expressly provided for by FMLA. The Company reserves the right to modify this or any other policy as necessary, in its sole discretion to the extent permitted by law. State or local leave laws may also apply.

Contact your supervisor and/or Human Resources if you have any questions about FMLA leave.

Policy No. 305 - Bereavement Leave

It is the policy of the Company to grant paid bereavement leave in the event of a death in the employee’s immediate family and other close relatives. Employees with more than three (3) months of employment with the Company are eligible.

All full-time and part-time employees are entitled to three (3) business days of paid bereavement leave in the event of the death of an employee’s immediate family member. Immediate family members are defined as employee’s spouse/domestic partner, parents, siblings, children, grandparents and grandchildren.

All full-time and part-time employees are entitled to one (1) business day paid bereavement in the event of the death of other close relatives. Other close relatives are defined as other members of the employee’s family or a spouse’s/partner’s parents or siblings.

Employees must inform their Designated Manager of the death as soon as possible and specify the relation of the departed. Employees must further notify their Manager of their return date. The Company may require documentation of the need for the leave.

If extended time is needed to handle family affairs or long-distance travel, these additional days may be used as vacation days up to and not exceeding three (3) days if accrued vacation days are available. Otherwise, these extended days are not paid.

Payment for bereavement leave is computed at the regular hourly rate to a maximum of 8 hours or 1 day for full-time employees and 4 hours for 1 day for part-time employees. Time off granted in accordance with this policy shall not be credited as time worked for the purpose of computing overtime.

Policy No. 306 - Legally Required Leave of Absence for Jury Duty, Voting, and Witness Testimony

The Company supports employees in their civic duties, including for jury duty, voting, and for providing court testimony in criminal cases or cases involving domestic violence. It is the policy of the Company to grant employees a leave of absence with pay up to a maximum of two (2) weeks as required by law for the purpose of fulfilling civic duties and rights, specifically for jury duty, voting, and for providing witness testimony in certain cases. Paid leave is provided only where required by law, or as otherwise provided herein.

When voting, employees are entitled to as much time as is required within the jurisdiction where the employee votes and/or resides. Employees should schedule voting time as best as possible to minimize disruption to and time away from the workplace when scheduled to work.

For jury duty employees will be paid for up to 2 weeks of jury duty service at their regular rate of pay minus any compensation received from the court for the period of service. Employees may use any accrued time off if required to serve more than 2 weeks on a jury. If an employee is released from jury duty after 4 hours or less of service, he or she must report to work for the remainder of that workday.

Employees are required to provide reasonable advance notice and documentation of any need for such leave and are expected to return to work each day or a portion of the day if practical.

Also, where required in the employee’s jurisdiction, the company will provide paid leave for the employee to provide witness testimony in criminal cases and/or cases involving domestic violence. Time for appearance in court for other personal business will be the individual employee’s responsibility. Normally, personal days or vacation days will be used for this purpose.

SECTION 400 – STANDARDS OF CONDUCT

Rules of Conduct

The Company expects each employee to demonstrate unquestionable integrity and to contribute to the quality and reliability of the Company’s services within the scope of his/her job responsibilities. The Company also expects each employee to comply with the guidelines as set forth in this Handbook as well as any other policies, procedures or expectations communicated to the employee by management. Failure to meet these standards of performance or to comply with policies and procedures may be the basis for a negative or delayed adjustment in compensation and/or disciplinary action up to and including termination.

The Company may take appropriate disciplinary action for any failure to follow or meet the Company’s rules of conduct. Discipline less than termination may include without limitation informal counseling, an oral warning, a written warning, a performance appraisal indicating below-standard performance in one or more areas, demotion, suspension, or termination. While the Company may impose discipline less than termination, the Company reserves the right to skip any and all forms of lesser discipline before discharging an employee depending on its own determination of the seriousness of a particular situation and the totality of the circumstances. Although the Company may utilize discipline less than termination to correct workplace misconduct or performance problems, this does not alter the employee’s at-will employment relationship with the Company, or change the fundamental right of either the Company or employee to terminate employment at any time, without cause, and without notice.

The rules set forth below are intended to provide employees with some specific examples of what is expected of them. However, the examples of impermissible behavior set forth below are not intended to be an all-inclusive list of every type of unacceptable conduct or performance. Therefore, employees should be aware that conduct or performance not specifically listed below but which, in the opinion of management, adversely affects or is otherwise detrimental to the interests of the Company, other employees, or clients may also result in disciplinary action including termination.

Job Performance

Employees may be disciplined for poor job performance (up to and including termination) for the following:

• Unsatisfactory work product quality/quantity;

• Failure to follow instructions or established Company policies and procedures;

• Excessive absenteeism (see Policy No. 202 "Attendance and Punctuality"); or

• Failure to report to work at the assigned starting time or from breaks and lunch (see Policy No. 201 “Rest and Meal Periods” and Policy No. 202 "Attendance and Punctuality").

Misconduct

The following non-exhaustive list of conducts is prohibited, and employees engaged in it will be subject to discipline, up to and including termination:

1. Fraud;

2. Identity Theft;

3. Treating clients in a discourteous manner;

4. Refusing to follow management's instructions concerning a job-related matter or insubordination;

5. Stealing, destroying, defacing, or misusing Company property or another employee's property;

6. Falsifying or altering any Company records, contracts, or forms such as an application for employment, a Confidentiality/Non-Solicitation Agreement, a production record, a time record, an expense account, or invoices;

7. Entering time on another employee's time record without management approval or failing to record time properly on one's own record;

8. Failure to give proper advance notice where possible whenever unable to work or to report to work on time (see Policy No. 202 "Attendance and Punctuality");

9. Fighting or assaulting a co-worker/client or engaging in horseplay;

10. Using obscene or abusive language;

11. Threatening or intimidating co-workers/clients;

12. Engaging in any form of harassment including sexual harassment (see Policy No. 404 "Policy Against Harassment");

13. Reporting to work under the influence of alcohol, illegal drugs or narcotics, or using, selling, dispensing or possessing alcohol, illegal drugs or narcotics on Company premises (see Policy No. 405 "Substance Abuse Policy”);

14. Violating the Company's conflict of interest policy (see Policy No. 401 "Conflicts of Interest");

15. Disclosing or using confidential or proprietary information without authorization (see Policy No. 401 "Conflicts of Interest");

16. Soliciting or distributing literature in violation of Company policy (see Policy No. 411 "Solicitation and Distribution of Literature");

17. Wearing improper attire or having an inappropriate personal appearance (see Policy No. 402 "Personal Appearance");

18. Gambling on Company premises;

19. Sleeping on the job or leaving the job without authorization;

20. Possessing a firearm or other dangerous weapon on Company property;

21. Abuse, personal use, or unauthorized use of Company property or equipment including telephones (see Policy No. 407 "Employee Use of Vehicles”, Policy No. 408 "Electronic Communications and the Internet", and Policy No. 409 “Personal Telephone Calls and Mobile Phones);

22. Giving statements or speaking on behalf of the Company without express prior approval of the Designated Manager;

23. Smoking where and when prohibited by Company rules or state/local ordinance;

24. Failure to maintain cleanliness and order in the workplace and work areas;

25. Failure to follow established safety and security regulations.

26. Use of Cell Phones, Internet & External Devices. See descriptions of what is not allowed (see “Cell Phone, Internet, and External Devices Policy”):

*Cell Phones & Mobile Devices – cell phones and other mobile devices are strictly forbidden in use or on display in EZ Messenger offices except by approved management, a list of approved management will be displayed at each office. Cell phones or personal mobile devices may only be used outside the EZ Messenger premise or within the designated break room area.

*Internet – Personal internet use on company computers and company networks during paid time is forbidden. All downloads or installations must be approved by the information technology group regardless of business use.

*External Devices – no external devices such as headphones, USB drives, mobile phones, tablets, hard drives or any other non-company provided equipment will be plugged into any network device within an EZ Messenger office, including any and all computers, printers, copiers, scanners or other devices.

Policy No. 401 - Conflicts of Interest

Employees are expected to devote their best efforts and attention to the performance of their jobs. They are expected to use good judgment, to adhere to high ethical standards and to avoid situations that create an actual or potential conflict between the employee's personal interests and the interests of the Company. A conflict of interest exists where the employee's loyalties or actions are divided between the Company's interest and those of a competitor, supplier, or customer. Both the fact and the appearance of a conflict of interest should be avoided. Employees unsure as to whether a certain transaction, activity or relationship constitutes a conflict of interest should discuss it with their Designated Supervisor.

Since it is impossible to describe all of the situations, which may cause or give the appearance of a conflict of interest, the prohibitions included in this policy are not intended to be exhaustive and only include some of the more clear-cut examples here:

• Employees are not to engage, directly or indirectly, either on or off the job, in any conduct that is disloyal or competitive with the Company.

• Employees are not to accept any employment relationship with any organization that does business with the Company or is a competitor of the Company. This prohibition includes serving as an advisor or consultant to any such organization unless the activity is conducted as a representative of the Company or has been approved by the Designated Manager.

• Employees must disclose any substantial financial interest they or their immediate family members have in any company which does business with the Company or competes with the Company. The Company may require divestiture of such interest if it deems the financial interest to conflicts with its best interests.

• Employees and their immediate families are not to accept gifts, except those of nominal value, or any special discounts or loans from any person or firm doing, or seeking to do, business with the Company.

• Employees are not to use Company assets or labor for their personal use unless the Designated Manager has approved such use in advance.

• Any conflict or potential conflict of interest must be disclosed to the Designated Manager; failure to do so will result in discipline, up to and including termination.

Policy No. 402 - Personal Appearance

Employees with neat, clean appearances are important to the Company’s success, especially when the employees interact with the federal or state court systems or the Company’s customers. Employees must dress appropriately for the position held. Employees must wear a company badge with a picture and their job department or job title.

If uniforms are required, they will be provided and partially paid for by the Company. Employees will be responsible for keeping any company-issued uniforms clean and in good repair.

Personal appearance of employees is governed by the following standards: If an employee comes to work wearing something other than the permitted dress code, he/she will be sent home without pay to change his/her clothes; this includes personal hygiene. If an employee has a medical condition that prohibits him/her from wearing required Company uniforms, he/she must advise his/her Designated Manager and provide him/her with a note from the employee’s doctor. If there is a problem with the uniform, the employee must notify his/her Designated Manager immediately.

Office Staff: Personnel that work within the office shall maintain a professional but casual appearance. For ladies, tailored pants, skirts, dresses are appropriate. Casual wear does not include halter-tops, spaghetti strapped or extremely low-cut type blouses. Shorts are permitted but must be worn no higher than two inches above the knee. Skirts and dresses also adhere to the same two-inch restriction as the shorts. Spandex pants or leggings require a shirt or dress that covers the behind. For gentlemen, collared shirts or collared polo-type shirts are preferred. Slacks or khaki-type pants are preferred for managers. Denim jeans are acceptable. Shorts are permitted but must be worn no higher than two inches above the knee. Shoes must be worn at all times. Shoes should be conservative athletic or walking shoes, loafers, boots, flats, dress heels, and leather deck-type shoes are acceptable for work. Heels should not be a dangerous height or style. Flip-flop style of sandal are not permitted. Gym style sneakers are not appropriate.

Couriers and EFAP: All couriers and employee servers should wear business casual attire. If an EZ Messenger shirt has been provided it should be worn. They should also consider the weather when making their clothing decisions.

Employed Process Servers: The Arizona Supreme Court mandate process servers’ attire. For reference, review the Arizona Code of Judicial Administration Code. Code Section 7-204: Private Process Server: Appendix A: Code of Conduct.

Employee attire must be neat, clean and without holes, tears, or frayed bottoms. Offensive language or images that violate the Company’s harassment and discrimination policies on shirts will also not be allowed. Sweatshirts or hoodies are inappropriate.

Hair should be tidy, clean, and brushed. Hair color should not be bright non-natural colors.

Keep earrings small or moderately sized. Small ear gauges are allowed. A small nose stud is permitted (no septum piercings or rings). No more than 1 facial piercing other than ears are permitted.

No more than 10% of exposed skin may contain a tattoo. Visible tattoos may not contain obscene, profane, racist, sexual, or objectionable words or images.

All reasonable personal grooming standards, including regular bathing and use of deodorant is required. Strong perfume or highly fragrant grooming products should be avoided.

Policy No. 403 - Office Demeanor

Employees are expected to greet customers or members of the public on the phone and in person in a cordial and positive manner. Employees are responsible for treating all visitors to the Company premises with respect and to provide prompt and courteous service to all customers.

Policy No. 404 - Policy Against Harassment and Reporting Guidelines

The Company is committed to providing a workplace free of unlawful harassment. Harassment includes verbal, physical and visual conduct that creates an intimidating, offensive, or hostile working environment that is demeaning, derogatory, or that interferes with work performance on the basis of any protected characteristic or because of protected conduct.

If any Company employee believes that he/she has been subjected to harassment, discrimination or retaliation, the employee has the right and is encouraged to raise a complaint with the Company. Indeed, the Company cannot redress any problem unless it is promptly made aware of the issue. This may be done in writing or orally. The responsibility to investigate complaints and reports of harassment, discrimination, or retaliation has been assigned to the Human Resource Manager. Any employee who believes he/she has been the subject of harassment, discrimination or retaliation should report the alleged act to the Human Resources Manager as soon as possible. If the employee would prefer to report the alleged act to his/her direct Manager, or to any other Company Manager, the employee should do so, but should notify the Human Resource Manager that a claim has been submitted to such alternative Manager. Managers who receive complaints or who observe harassing, discriminatory, or retaliatory conduct must inform the Human Resource Manager immediately.

The Company will investigate all complaints of unlawful harassment. When the Company has completed its investigation, it will, to the extent appropriate, inform the person filing the complaint and the person alleged to have committed the conduct of the results of the investigation. If the investigation reveals that harassment, discrimination, or retaliation by Company personnel did occur, the Company will act promptly to denounce and correct the offending conduct and, where appropriate, impose disciplinary action. Disciplinary action for a violation of this policy (depending upon the circumstances) may range from verbal or written warnings or counseling to immediate termination of employment and may include such other forms of disciplinary action as the Company deems appropriate under the circumstances.

To the extent possible, the Company will treat the complaint and investigation confidentially. Information will be restricted amongst company management on a need to know basis, except where necessary to conduct a full and complete investigation, to secure legal advice, to respond to legal claims, or to satisfy other legal and/or contractual obligations.

Additionally, all employees can report concerns without fear of retaliation. The Company will not retaliate against any employee who presents a complaint under this policy or raises any questions, issues, or concerns regarding this policy. All employees are expressly prohibited from retaliating against anyone who raises any concerns of harassment or discrimination and will face severe disciplinary action for doing so.

Policy No. 405 - Substance Abuse Policy

The Company is committed to a drug-free community to maintain safe, healthy, and efficient operations, and to protect the safety and security of Company employees, facilities, and property.

Definitions

Illegal Drugs: "Illegal drugs" means any controlled substance, medication, or other chemical substance that (1) is not legally obtainable; or (2) is legally obtainable but is not being used for the purpose(s) for which it was prescribed or intended by the manufacturer. Thus, "illegal drugs" may include even over-the-counter medications if they are not being used for the purpose(s) for which the manufacturer intended them.

Legal Drugs: "Legal Drugs" means prescribed or over-the-counter drugs that are legally obtained by the employee and used for the purpose(s) for which the manufacturer intended them.

Company Property: "Company property" and "Company equipment, machinery, and vehicles" means all property, equipment, machinery, and vehicles owned, leased, rented, or used by the Company.

On Duty: "On duty" means all working hours, as well as meal periods and break periods, regardless of whether on Company property, and all hours when an employee represents the Company in any capacity.

Substance Abuse by Employees – Work Rules

Alcohol: Employees may not use or possess alcohol while on duty, while working, while on Company property, or while operating Company equipment, machinery, or vehicles. Employees may not work or report to work with detectable levels of alcohol in their systems. Employees who violate either of these rules will be subject to discipline up to and including immediate termination. The Company may make exceptions to these rules for certain business or social functions sponsored or approved by the Company.

Illegal Drugs: Employees may not possess illegal drugs or engage in the illegal use of drugs while on duty, while working, while on Company property, or while operating Company equipment, machinery, or vehicles. Employees may not work or report to work with detectable levels of illegal drugs or the metabolites of illegal drugs in their systems. Employees may not manufacture, distribute, dispense, transfer, or sell illegal drugs. Employees who violate any of these rules will be subject to discipline up to and including immediate termination.

Legal Drugs/Medication: Any employee who has reason to believe that the legal use of drugs, such as a prescribed medication, may pose a safety risk to any person or interfere with the employee's performance of his/her job must report such legal drug use to his/her Designated Manager. The Company shall then determine whether any work restriction or limitation is indicated. Failure to report the legal use of a drug that may pose a safety risk could result in disciplinary action.

Criminal Drug Convictions: Any employee who is convicted of violating any criminal drug statute while in the workplace will be subject to discipline up to and including immediate termination. Employees are required to report any criminal drug statute conviction occurring in the workplace to their Designated Manager within five (5) days.

Inspection of Property, Equipment, and Vehicles: All persons on Company property or who are performing services on a Company project are subject to unannounced inspection by the Company. All property, equipment, and vehicles on Company property or being used in connection with the performance of work on a Company project (including without limitation all vehicles, containers, desks, and file cabinets), are subject to unannounced inspection by the Company.

Employees who refuse to permit inspections under this Policy or who fail to cooperate with inspections under this Policy will be subject to discipline, up to and including immediate termination.

Drug and Alcohol Testing

The Company may require that employees and applicants provide urine, blood, breath, and/or other samples for drug and alcohol testing under any of the following circumstances:

• Pre-Employment Testing: All applicants who have received conditional offers of employment with the Company will be required to undergo drug testing as a condition of employment.

• Reasonable Suspicion Testing: The Company may require any employee to undergo drug and alcohol testing if management has a reasonable suspicion that the employee:

• Has violated the Company's written work rules prohibiting the use or possession of alcohol and/or illegal drugs while on duty, while working, while on Company property, or while operating Company equipment, machinery, or vehicles;

• Is under the influence of alcohol and/or illegal drugs while on duty, while working, while on Company property, or while operating Company equipment, machinery, or vehicles;

• Is impaired by alcohol and/or illegal drugs; or

• May be affected by the use of alcohol and/or illegal drugs and that the use may adversely affect job performance or the work environment.

• Post-Accident Testing: The Company may require any employee to undergo drug and alcohol testing as soon as practicable after a work-related accident if the Company reasonably believes that the employee may have contributed to the accident.

• Post-Injury Testing: The Company may require any employee who has sustained a work-related injury to undergo drug and alcohol testing.

• Random Testing: All employees are subject to periodic unannounced drug and alcohol testing on a random selection basis.

• Treatment Program Testing: Any employee who has been referred by the Company for chemical dependency treatment or evaluation, or who is participating in a chemical dependency treatment program under an employee benefit plan may be required to undergo drug and alcohol testing without prior notice during the evaluation or treatment period and for up to two (2) years following the employee's return to work.

• Additional Testing: The Company may also require employees to undergo drug and alcohol testing when, in the judgment of management, such testing is appropriate for the maintenance of safety for employees, customers, clients, or the public at large, or for the maintenance of productivity, quality, or security of property or information.

Consequences of Refusal

Employees and applicants may refuse to undergo drug and alcohol testing. However, employees who refuse to undergo testing or who fail to cooperate with the testing procedures will be subject to discipline, up to and including immediate termination. Applicants who refuse to undergo testing or who fail to cooperate with the testing procedures will not be hired and will not be reconsidered for employment for one (1) year.

Consequences of Positive Test Results

Employees who test positive on a confirmatory drug or alcohol test will be subject to discipline, up to and including immediate termination.

Policy No. 406 - Potential Actions for Errors in Document Processing

You will be responsible for processing all documents within the time frame requested. All documents must be completed in accordance with client instructions. This includes pick up requests from any client, data processing, filing documents in the courts and process service. Any process or procedure not followed will be subject to disciplinary action and possible immediate termination.

Policy No. 407 - Employee Use of Vehicles

If an employee uses a Company vehicle or the employee’s own vehicle for work, employees are expected to comply with the following requirements:

• Employees must always have and carry a valid driver’s license when driving on Company business. If operating their own vehicle, they must have and carry proof of insurance. If the Employee is asked to provide a copy or its insurers access to their driving records a copy of these documents will be retained in his/her personnel file.

• Employees are always expected to drive in a safe and lawful manner.

• Employees are prohibited from operating a Company vehicle or a personal vehicle used for work under any influence of alcohol, illegal drug, or misused prescription drugs.

• Employees are prohibited from smoking in Company vehicles, either during operation of the vehicle or while the vehicle is stationary.

• Employees may not place bumper stickers or other signs or stickers of any kind on Company vehicles.

• Employees are expected to promptly notify management of any citations for moving violations or accidents involving a Company vehicle or a personal vehicle for work. All citations will be deducted from the employee’s payroll check.

• If any damage is caused to a Company vehicle (including defacing of any Company vehicle) by the willful, reckless, or grossly negligent conduct of an Employee, the Employee will be held responsible for the repair or replacement of the vehicle.

• If the Employee is involved in a vehicular accident in a Company vehicle and the accident is the result of mere negligence by the Employee, the Employee will be held responsible for all deductible and non-covered costs.

• At no time will an Employee allow a non-employee to ride in any Company vehicle without the knowledge and consent of the Employee’s Designated Manager. In the event of a vehicular accident involving an Employee and a non-employee passenger, insurance coverage will not be afforded to the non-employee.

Policy No. 408 - Electronic Communications and the Internet

This policy sets forth general principles to be applied to use of electronic media and services (computers, e-mail, telephones, voicemail, fax machines, external electronic bulletin boards, online services, and the Internet). It applies to all electronic media and services that are accessed on or from Company premises; accessed using Company computer equipment, or via Company-paid access methods; and/or used in a manner which identifies the individual with the Company.

The Internet: The Company’s computer system has the ability to access the Internet for purposes of checking dockets, investigative needs and to facilitate process service. This system is here for work purposes only. Under no circumstances is it to be utilized for personal use. This includes off-hours.

Prohibited Use of Electronic Systems: Employees may not use electronic systems in any way that may be seen as insulting, harassing, or offensive by other persons in violation of the Company’s harassment and discrimination policies. Examples of forbidden transmissions include: sexually-explicit or X-rated messages, cartoons, or jokes; unwelcome propositions or love letters; ethnic or racial slurs; or any other message that can be construed to be harassment or disparagement of others based on their sex, race, sexual orientation, age, national origin, or religious or other protected basis. Using electronic systems for any purpose that is illegal or against Company policy, may result in disciplinary action, up to and including termination.

Management Right to Access Information - No Right of Privacy: The electronic mail system, Internet access, and other electronic systems have been installed by the Company to facilitate business communications. Although each employee has an individual password to access this system, the communications and the password belong to the Company. The Company reserves the right, in its discretion and without employee permission, to review any employee’s electronic files, e-mail messages and Internet usage to the extent necessary to ensure that electronic systems are being used in compliance with the law and with Company policies. Employees should never assume that Company electronic communications are totally private and confidential.

Policy No. 409 - Company Telephones

The Company maintains the office telephone system. This system is provided by the Company to assist in the conduct of business within the Company and with clients, potential clients, partners, and vendors. Company telephones, mobile phones, and telephone systems are provided to assist employees in conducting Company business.

Employees are to answer all telephone calls promptly and courteously. All employees have an obligation to represent the Company in a positive fashion to callers and to make clients feel as comfortable as possible when dealing with the organization.

Employees are responsible for checking their voicemail for telephone messages daily. For employees that do not have voicemail, employees are responsible for checking with their Designated Manager or with the office receptionist for messages whenever they are away from the office for any length of time.

Personal telephone calls (both incoming and outgoing) during working time are restricted to emergencies or essential personal business.

If an employee has an emergency, he/she may use the office phone for outgoing and incoming emergency matters.

Personal long distance and international telephone calls are not permitted. The Company reserves the right to seek reimbursement for personal long distance telephone calls made in violation of this policy.

Employees should have no expectation of privacy with regard to communications sent, received, archived via the telephone (voice mail) system. The Company reserves the right to review, audit, intercept, access, and disclose all communications created, received, or sent over the communication system for any purpose. The contents of these electronic telecommunications may be disclosed within the Company without the permission of the employee. They are not the private property of any employee.

Notwithstanding the Company's right to retrieve and listen to any and all electronic telecommunications, messages should be treated as confidential by other employees and accessed only by the intended recipient. Employees are not authorized to retrieve or listen to any communications that are not addressed to them.

Employees shall not use a password, access a file, or retrieve any stored information, unless authorized to do so. Employees shall not attempt to gain access to another employee's messages or archives without permission.

Any employee who violates this policy or uses the electronic telecommunications system for improper purposes, in the eyes of management, shall be subject to discipline, up to and including termination.

Policy No. 410 - Personal Electronic Devices

Use of personal electronic devices is not permitted during work. Electronic devices include, but are not limited to the following: personal cell phones, smart watches, iPad, iPod, MP3 Players, personal computers not issued by the company, cameras, etc. If an employee is observed using his/her personal electronic device(s) within the confines of the Company’s offices during working time, any Manager may ask the employee to discontinue the usage and/or confiscate the device(s) for the remainder of the work day.

Any employee who violates this policy by using a personal electronic device shall be subject to discipline, up to and including termination.

Personal devices that have been approved by management on a case-by-case basis are exempt from this policy.

Policy No. 411 - Solicitations and Distribution of Literature

Solicitations by outside third parties are inappropriate in the workplace. Such solicitations are an intrusion on employees and customers and may present a risk to employee safety or to the security of employer or employee property.

Persons not employed by the Company may not solicit, survey, petition, or distribute literature on Company premises at any time. This includes persons soliciting for charities, salespersons, questionnaire surveyors, or any other solicitor or distributor.

Employees may not distribute literature during work time or in work areas and may not solicit for any purpose during work time. Reasonable solicitation is permitted during non-work time, such as before or after work or during meal or break periods. Employees who are on non-work time may not solicit other employees who are on work time. The employee lunchroom is considered a non-work area under this policy.

Policy No. 412 - Searches, Inspections, and Investigations

The Company reserves the right to inspect any Company property, including but not limited to desks, file cabinets, lockers, and any other storage-type device, as well as employee’s personal possessions on Company premises to discourage theft and unauthorized possession of another’s property and to investigate possible violations of policy. Such inspection can occur at any time, with or without advance notice or consent. Any Manager or security personnel designated by the Company may conduct before, during, or after working hours an inspection. Employees are expected to cooperate in any security inspection or investigation. Refusal to cooperate in a search, inspection or investigation may result in disciplinary action, up to and including termination.

Policy No. 413 - Workplace Violence

The Company is dedicated to providing a safe workplace for all employees. The Company does not tolerate any type of workplace violence committed by or against employees. Employees are prohibited from making threats of violence or engaging in violent activities. This list of behaviors, while not inclusive, provides examples of conduct that is prohibited:

• Causing physical injury to another person;

• Making threatening remarks;

• Aggressive or hostile behavior that creates a reasonable fear of injury to another person or subjects another individual to emotional distress;

• Intentionally damaging employer property or property of another employee;

• Possession of a weapon while on Company property or while on Company business;

• Committing acts motivated by, or related to, sexual harassment, discrimination, or domestic violence.

Reporting Procedures

Any potentially dangerous situations must be reported immediately to the Regional Manager and/or Chief Executive Officer or Chief Operating Officer and the Human Resource Manager. Reports can be made anonymously. While we do not expect employees to be skilled at identifying potentially dangerous persons, employees are expected to exercise good judgment and to inform the Regional Manager, Chief Executive Officer or Chief Operating Officer if any employee exhibits behavior that could be a sign of a potentially dangerous situation. Such behavior includes:

• Displaying overt signs of extreme stress, resentment, hostility, or anger;

• Discussing weapons or bringing them to the workplace;

• Making threatening remarks;

• Sudden or significant deterioration of performance;

• Displaying irrational or inappropriate behavior.

Dangerous/Emergency Situations

Employees who confront or encounter an armed or dangerous person or situation should not attempt to challenge or disarm the individual. If management or law enforcement can be safely notified of the need for assistance without endangering the safety of the employee or others, such notice should be given. Local law enforcement officials should be called immediately.

Enforcement

Any employee determined to have made threats, threatening conduct or other acts of aggression may be subject to discipline, up to and including termination.

Policy No. 414 - Safety and Accident Reporting

It is the policy of the Company to comply with all applicable federal, state, and local health and safety regulations and to provide a work environment as free as practicable from recognized hazards. Employees are expected to comply with all safety and health requirements whether established by the Company or by federal, state, or local law.

Employees should report any potential health or safety hazards to the Regional Manager, Chief Executive Officer or Chief Operating Officer immediately. Employees should report job-related injuries or illnesses to their Designated Manager, regardless of severity. Any employee who witnesses an accident/injury should notify the Regional Manager and/or Human Resource Manager, if the situation warrants, emergency personnel by dialing 911. As soon as practical, but in no case later than twenty-four (24) hours following an injury or accident, or suspected injury or accident, an employee must complete an accident report form describing the circumstances surrounding the incident and turned into the Human Resource Manager.

Policy No. 415 - Emergencies

A copy of the Company’s fire and disaster evacuation plan is posted on the main bulletin board. Employees are responsible to be familiar with this plan. Questions regarding the fire and disaster evacuation plan should be directed to the Designated Manager. Employees with disabilities that may limit their ability to safely evacuate should discuss their limitations with the Designated Manager so that accommodations can be considered.

Policy No. 416 - Disciplinary Procedure

The Company retains the right to administer discipline in any manner it sees fit and to proceed directly to termination for misconduct or performance deficiency, without resorting to prior disciplinary steps, when the Company deems such action appropriate. No disciplinary steps or procedures modify the "at-will" status of employees or in any way restricts the Company's right to bypass typical disciplinary procedures (see Policy No. 100"Employment At-Will").

Policy No. 417 - Termination of Employment

Involuntary Termination: Consistent with the “at-will” employment relationship between the Company and the employee, the Company may terminate an employee at any time, without cause, and without notice.

Employees may also resign their “at-will” employment with the Company at any time, without cause and without notice. The Company requests that an employee who is resigning provide as a courtesy two (2) weeks written notice of resignation. Employees failing to provide two (2) weeks written notice will generally not be considered eligible for rehire. Furthermore, the Company will consider an employee to have voluntarily resigned his/her employment if the employee fails to return from an approved leave of absence on the date specified by the Company, fails to report for work without notice for two (2) consecutive business days or otherwise abandons his/her job.

Final Pay upon Termination

If an employee resigns, his/her final paycheck shall be available on the next scheduled pay date. If an employee is terminated, his/her final paycheck shall be available within the time period required by applicable law.

Company Property

When employees leave the Company, they are required to return all Company-furnished property, such as uniforms, equipment, computers, I.D. cards, keys, credit cards, mobile phones, documents and handbooks. If the employee is responsible for any lost or damaged property, those accounts are to be settled by deduction from final pay, unless prohibited by law.

Reimbursement

The Company will settle any money owed to the Company via a deduction from the employee’s final pay, unless prohibited by law.

Continuation of Benefits Following Termination

Under certain circumstances, employees may have the right to continue coverage under a group health or welfare plan pursuant to the Consolidated Omnibus Budget Reconciliation Rights Act ("COBRA") or other applicable state law. Employees who have any questions regarding continuing their health benefits under COBRA should contact the Human Resource Manager directly.

SECTION 500 – EMPLOYEE COMMUNICATIONS

Company Bulletin Boards and Communication

The Company will display important employee information on the Company bulletin boards located in each office location. Each bulletin board is to be placed in a central location where employees are most likely to congregate (i.e. kitchen/copy room/time clock location). Employees are responsible for regularly checking and reading the bulletin board located in their offices. The following are examples of materials that may be posted:

• Important memos and Company-wide announcements from the Designated Manager requiring employees’ attention;

• Permanent bulletins as required pursuant to federal, state, and local employment laws.

Only pre-approved Company-related information is to be posted on bulletin boards. Management must approve any exceptions to this policy. Management in each office should designate an employee to be responsible for:

• Ensuring that their office has posted all bulletins required by federal, state, and local law;

• Posting all pre-approved Company communications on their office bulletin board; and

• Removing any outdated material from the board.

Policy No. 501 - Internal Complaint Procedure

Policy

The Company is committed to facilitating open communications to discuss employee questions, issues, and concerns. The Company is also committed to providing employees an internal method for resolving individual or collective employee complaints.

Procedure

Employees are encouraged to informally discuss questions, issues, and concerns with their Managers at any time. When informal measures and discussions with their direct Manager are insufficient to resolve a specific employment-related issue, employees are encouraged to contact the Human Resource Manager. The Company will attempt to treat all internal complaints and their investigations as confidential, recognizing, however, that while investigating and resolving internal complaints, some dissemination of information to others may be appropriate.

Non-retaliation

The Company will not retaliate against any employee who presents a legitimate complaint under this policy or raises any honest questions, issues, or concerns regarding their employment with the Company, so long as such effort is made in good faith by the employee.

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