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Act Now DME Policy Agreements
Desert Tech Pros
2020-12-06T17:22:33-07:00
Act Now DME Policy Agreements
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Policies for the Employee
1. Office hours are from 8:30 A.M. to 4:30 P.M., Monday to Friday.
2. If you have any concerns or problems that might affect your work performance, notify staff through phone number 520-442-2411 or notify your supervisor via text message or phone call as soon as you can.
3. You must maintain a current TB Skin Test/X-ray; otherwise you will not be able to work.
4. You must be vaccinated for Covid-19. If you are not vaccinated for Covid-19, you must receive a Covid-19 antigen rapid test before reporting to work each Monday.
5. Dress should be in professional taste. No logos or advertisement of alcohol, profanity, or sayings considered by social norms as political, racial or demeaning to any race, gender or sexual orientation.
6. It is your responsibility to be on time. If you are going to be late, call your manager or the office. No call and no show is cause for termination.
7. Compensation is biweekly (every other Friday). Physical Checks will not be given for payroll. Direct Deposit must be used for payroll.
8. Holiday Pay:
a. Holiday pay is 8 hours of pay for Holidays the office is closed. Holidays are New Year's Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, and Christmas. You must be with Act Now DME for 90 days before receiving holiday pay.
9. Paid Time Off: You will accrue 0.02 hours of PTO per hour worked for a maximum of 40 PTO hours per year in their first year of employment, and 0.04 hours per hour worked with a maximum of 80 hours per year each year thereafter. PTO must be requested in advance. You cannot use accrued PTO until you have been employed for 90 days. All PTO is forefitted upon termination of employment or resignation and will not be paid out upon the end of employment.
10. Overtime: All hourly employees will earn their hourly rate times x1.5 for each hour worked beyond 40 hours in a workweek. (A workweek begins on Sunday at 12:00am and ends the following Saturday at 11:59pm).
11. Update us with-in 24 hours if you change your contact information.
12. Professional Liability Insurance is provided by the company.
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APPENDIX A
EMPLOYMENT AND CONFIDENTIAL INFORMATION AGREEMENT
(Read this carefully before you sign it)
“Employee”, hereby accepts employment with Act Now DME, LLC. (“Employer” or “Act Now DME, LLC”), on the following terms and conditions:
1)
Employee has received a copy of the Associate Handbook (2018 Edition) which is incorporated herein by reference, and agrees to adhere to the terms and conditions stated therein.
2)
Employment with Act Now DME, LLC is “at-will,” meaning that it may be terminated at any time, with or without cause, by Employee or Act Now DME, LLC.
3) (a)
The undersigned Employer and Employee understand that any and all claims for damages arising out of, or relating to, their employment relationship, or the termination thereof, or this Employment Agreement or the breach thereof, that cannot be resolved between or among the Employee and the Employer and/or any of its representatives, agents and/or employees (including statutory claims o unlawful discrimination, retaliation, harassment, etc.), shall be submitted exclusively to binding arbitration before a neutral arbitrator in accordance with the California Arbitration Act (Code of Civil Procedure section 1281 et seq.), except that the Employee may seek available relief from any federal and/or state agency where the law expressly provides for relief from said agency even though the employee has signed an agreement providing that all disputes shall be resolved exclusively by final and binding arbitration. Any and all claims for damages must be presented to the other party in writing within the applicable statute of limitations period in which a legal action alleging a violation of statute or law, breach of contract and/or common law tort must be commenced.
(b)
Upon receipt of a written claim for damages, authorized representatives of the Employer and the Employee shall attempt to select a neutral arbitrator by mutual agreement within the next 10 business days, but if they are not able to confer or agree on the selection of a person to act as arbitrator, the Employer shall request a list of potential arbitrators from the state or federal mediation and conciliation services, with service of a copy of said request made on the Employee at his or her last known address by first class mail. From said list, the Employer and the Employee will alternately strike names until only one name remains; the remaining person shall be the arbitrator.
(c)
The Employer shall be responsible for all fees and costs associated with the arbitration that exceed those fees and costs that the Employee would be required to bear if his or her action had been commenced in court. The arbitration shall take place in Sacramento, California. The California Civil Discovery Act (Code of Civil Procedure section 2016 et seq.) shall govern discovery with the arbitrator resolving any discovery disputes. The arbitrator shall issue a written decision and award and shall award fees and costs in accordance with applicable law.
(d)
THE UNDERSIGNED PARTIES UNDERSTAND THAT THIS AGREEMENT IS A WAIVER OF ALL RIGHTS TO A CIVIL COURT ACTION FOR DAMAGES ARISING OUT OF OR RELATING TO THEIR EMPLOYMENT RELATIONSHIP AND THAT ONLY THE ARBITRATOR, NOT A JUDGE OR JURY, WILL DECIDE THE DISPUTE AND ISSUE A FINAL AND BINDING DECISION AND AWARD.
4) (a)
Employee may, in the course of employment, have access to confidential and proprietary information of Act Now DME, LLC and/or the facilities to which Employee is assigned to work. Employee agrees, during employment and thereafter, not to disclose or use any confidential or proprietary information of Act Now DME, LLC or the facilities to which Employee is assigned to work without prior written consent, except as necessary to perform duties while on assignment.
(b)
In addition, Employee may be exposed electronically, on paper, orally, visually, or otherwise, to individually identifiable health information of facility patients. Such information must be protected from disclosure and not used in any way unless Employee is directed, in writing, by the facility or Act Now DME, LLC to disclose such information. For purposes of this paragraph, individually identifiable health information is information that: • Is created or received by a health care provider, health plan (including a health insurance issuer or agent), employer, or heath care clearinghouse • Is related to the past, present, or future physical or mental condition of an individual; the provision of health care to an individual, or the past, present, or future payment for the provisions of health care of an individual • Either identifies the individual or provides a reasonable basis for believing that it can be used to identify the individual.
(c)
Employee further agrees not to remove any property or information from Act Now DME, LLC or the facilities to which Employee is assigned to work, and shall, upon request by Act Now DME, LLC or a facility, or upon assignment end, immediately deliver to Act Now DME, LLC all property and confidential and proprietary information and materials in Employee’s possession.
5)
Employee and Act Now DME, LLC acknowledge and understand that this Employment Agreement supersedes all previous agreements of all types between them, and contains the entire agreement between the parties, and that no representations, promises, conditions, warranties, or understandings, either express or implied, other than herein set forth, shall be binding upon either party, and that none of the provisions of this Employment Agreement shall be waived, altered, or amended, except in writing signed by Employee and the President or Chief Executive Officer of Act Now DME, LLC.
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Drug Free Workplace Policy
Substance abuse has an adverse impact on any employee’s work, personal and family life, as well as on the ability of Act Now DME, LLC to fulfill its mission to provide the highest quality services to its clients. Substance abuse can cause poor performance, decrease productivity, and create safety hazards. Consequently, Act Now DME, LLC is committed to establishing and maintaining an alcohol and drug-free workplace.
Illegal Drugs:
The use, distribution, sales, offering for sale, possession, purchase, manufacture, or trading of illegal drugs on Act Now DME, LLC’s premises, or in any other work-related environment is strictly prohibited. The prohibition of illegal drug activity includes occasions when an employee is representing Act Now DME, LLC on one of Act Now DME, LLC’s client’s premises or events/meetings beyond normal work hours.
Alcohol:
Employees are not permitted to consume alcohol while on Act Now DME, LLC’s premises, client’s premises, or while conducting Act Now DME, LLC’s company business. This does not include official day or evening functions at which alcohol may be served, as long as use does not prevent employees from performing their jobs satisfactorily or pose any threat to the safety or welfare of the employee or others.
Prescription and OTC Drugs:
Employees are prohibited from the misuse or abuse of prescription and over-the-counter (“OTC”) drugs. Employees who are using prescribed or OTC drugs for existing medical conditions must inform their Manager or the Franchise Owner of such health treatment to discuss the necessity of temporary alteration of job duties or assignment if the drugs (1) may have possible side effects which may affect job performance, or (2) alter an employee’s physical or mental abilities.
Policy Violations:
Employees who violate this policy are subject to disciplinary action, up to and including termination.
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Reporting of Abuse Policy
Anyone who knows of an elderly person being abused or neglected is obligated to notify the proper authorities. Reporting procedures vary by state. Any aide who suspects abuse of a resident by either a family member or another professional caregiver should first report it to the Department of Social and Health Services and then to his or her supervisor. You should become familiar with any statements of rights that your state has issued to protect the elderly and residents of care facilities-ask your supervisor for a copy. Any Employee who fails to immediately report any suspected abuse or neglect of a resident will face disciplinary action up to and including termination of employment.
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Equal Opportunity Policy
It is the policy of Act Now DME, LLC to assure equal employment opportunity practices to all applicants and employees without regard to race, creed, color, religion, national origin, sex, disability, veteran status, marital status, or any other protected status in accordance with applicable federal, state, and local laws, unless it is a bona fide occupational requirement necessary to the normal operation of the business. This policy governs all areas of employment with Act Now DME, LLC, including, but not limited to, recruiting, hiring, training, assignments, promotions, compensation, benefits, discipline and terminations. In addition, Act Now DME, LLC does not discriminate against or provide any preference for any employee or applicant in work assignments, does not invite or honor discriminatory job orders or requests by clients, and does not “code” applications or documents to record the status of any applicant or employee. We support all employment laws regarding equal opportunity, discrimination, and affirmative action. We also support the code of ethics of the “American Staffing Association” (ASA) in regard to equal opportunity employment and all other policies. We require our Franchises and all staff members to adhere to this same code of ethics and that all employees operate within the guidelines of State and Federal laws.
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Harassment Policy
It is the policy of Act Now DME, LLC, that all employment relationships shall be conducted in an environment that is not hostile or offensive. Harassment based on an individual’s age, race, creed, color, religion, national origin, sex, sexual orientation, disability, or marital status, or any other basis prohibited by applicable local, state, or federal law will not be tolerated at any Act Now DME, LLC location. Harassment includes, but is not limited to:
Verbal harassment,
such as making a joke or comment that refers to certain ethnic group, race, sex, nationality, age, disability, sexual preference, religion or belief, epithets, derogatory comments, vulgar or profane words and expressions, or slurs:
Physical harassment,
such as assault and blocking, impairing or otherwise physically interfering with an individual’s normal work or movement;
Visual forms of harassment,
such as derogatory posters, cartoons or drawings; or
Sexual harassment,
such as unwelcome sexual advances or requests for sexual favors; verbal, visual or physical conduct of a sexual nature, such as name calling, obscene jokes, sexually suggestive comments or insulting sounds; graphic or verbal comments of a sexual nature about a person’s anatomy; or displaying at work sexually suggestive objects, posters, drawings or pictures. If you believe that you have been subject to harassment by a supervisor, management official, fellow employee, customer, client, vendor or any other person in connection with your employment at Act Now DME, LLC, you should immediately bring the matter to the attention of your supervisor or placement counselor. If the complaint involves your immediate supervisor or placement counselor or if you feel uncomfortable discussing the matter with your supervisor or placement counselor, report the matter to the Owner. All complaints of harassment will be investigated promptly and, where necessary, corrective action will be taken. Any investigations of such complaints will be treated as confidentially as possible. No employee will be punished or suffer any adverse employment action as a result of bringing any good faith harassment complaint to Act Now DME, LLC’s attention. Any supervisor, agent, or employee who is found to have engaged in harassment or retaliation against an employee for exercising rights protected by this policy will be subject to appropriate discipline, up to and including discharge.
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Safety Policy
The goal of Act Now DME, LLC is to offer our employees and clients the best employment solutions. To do that, we must provide and ensure the highest level of safety, quality, and service. Our methods must exemplify the best service to our clients and employees. We believe that all accidents can be prevented. We believe that safety is not separate from the job; it is how we do our job. Accidents are a waste of human potential and a source of pain and economic hardship for the injured worker and his/her family. Accidents also lower the quality of the service we provide to our clients. Accidents disrupt business and increase costs. In the personnel industry, it is essential that we work together with our clients and employees to build and maintain a safe and healthy work environment. We do not have economic control of our clients’ facilities, so it is important that we have a consultative relationship with our clients to assist in maintaining a safe work environment. Furthermore, by having a safety partnership with our clients, we will aid in maintaining an active and effective accident/loss control program together. It is Act Now DME, LLC's policy to only provide services to clients who express a willingness to provide a safe working environment for our employees. It is also Act Now DME, LLC’s policy to only employ individuals who are safety conscious, follow all safety policies, and exhibit safe and responsible work habits. Act Now DME, LLC will not provide employees to work for companies who are involved with high-risk industries, have a high accident rate, or who exhibit a disregard for the safety and well-being of all employees.
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