2024 ETSS Handbook

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Internal Employee Handbook

Welcome to Employ-Temps Staffing Services

On behalf of the entire Employ-Temps team, I am pleased to extend a warm welcome on your first day with the company. We are thrilled to have you as our new colleague and look forward to achieving new heights with you on board.

To help you become more familiar with the company, we will review the following areas today:

• Company Handbook
• Non-Compete Agreement
• Company Overview
• Job Requirements
• Zenople System Training
• Dialpad VOIP Training

We will train together each day for your first week with the company and continue to work on various areas as your time with the company progresses. Please ask all the questions you have as we want you to learn about the company and be comfortable with our processes and procedures.

Table of Contents

Topic Area	Section Name	Page
Introduction		4
Benefits
	Paid Time Off (PTO)	5
	Holiday Pay	7
	Health Insurance	7
	Bereavement Time	8
	Military Leave	9
	Jury Duty	9
	Voting Time	10
	Witness Leave	10
	Family & Medical Leave Act (FMLA)	10
	Worker’s Compensation	16
Work Policies
	Office Hours of Work	17
	Tardiness & Absenteeism	17
	Payment for Services	18
	Reporting Time	19
Employee Policies
	Personal Appearance	19
	Dress Code	20
	Safety & Security	20
	Tools & Equipment	21
	Employment Classification	22
	Cell Phones	22
	Personal Calls	23
	Network Access Policy	23
	Solicitation & Distribution	24
	Ordering Supplies	24
	Chain of Command	25
	Sexual & Other Harassment	25
	Equal Opportunity	27
	Accommodations for Disabilities	28
	Personnel Files	28
	Employment Reference Checks	29
	Discipline (Change Name)	29
	Confidentiality	31
	Background & Other Checks	31
	Tobacco Free Workplace	32
	Motor Vehicle Policy	32
	Open Door Policy	33
	Company Property	34
	Social Media Policy	35
	Drug & Alcohol Policy	38
	Fraternization Policy	39
Signature	Handbook Acknowledgment	41
Signature	Non Compete – Non Disclosure	47

INTRODUCTION

This employee handbook (“Handbook”) is presented for informational purposes only.  Although the Handbook includes policies and procedures relating to your employment, it does not constitute a guarantee or contract of employment for any fixed period of time, either expressly or by implication.  All employees of RSRESOURCES INC. dba EMPLOY-TEMPS STAFFING SERVICES (the “Company”) are at-will employees whose employment can be terminated at any time for any reason or no reason at all.  No employee of the Company has the authority to change the at-will employment relationship between the Company and its employees to one of a fixed term by oral representation.  Likewise, oral representations cannot modify any other provision, practice, procedure, or benefit arising out of the employment relationship with the Company.

The Company reserves the right to modify any of the provisions, procedures, practices, benefits and/or employment policies set forth in this Handbook, with or without notice.  Such changes may only be made by the President or Vice President of the Company in writing.  No other person has the authority to modify any provision, procedure, practice, benefit or guideline pertaining to or arising out of the employment relationship with the Company. Nothing in this Handbook is intended to preclude or dissuade employees from engaging in protected or required activities governed by state or federal law, including the National Labor Relations Act.

BENEFITS

PAID TIME OFF POLICY

1.         The Company provides full-time employees with paid time off (“PTO”) from work. PTO may be taken for any reason, including vacation, sick days, or other personal time away from work. PTO must be used to cover all time away from work, unless otherwise specified by the Company.

2.        Full-time employees are eligible to accrue PTO as follows:

• At 30 days of service – 24 hours
• At 6 months of service – 40 hours
• 1 year of service (anniversary date) – 64 hours
• 2 years of service (anniversary date) – 104 hours
• 5 years of service (anniversary date) – 144 hours
• 10 years of service (anniversary date) – 184 hours

3.       New Hire PTO Calculation

• Annual PTO hours will be prorated for all new hires to Employ-      Temps based on the month employment commences.
  • If employee starts during days 1 to 15 of the month, the full month will be recognized in the annual PTO calculation.
  • If employee starts during days 16 – 31 of the month, the next month will be used as the first month of calculation for annual PTO calculation.

4.         All employees are encouraged to take their accrued PTO each year (based upon calendar year). Employees must take PTO in increments of at least 1 hour.  Employees must request PTO and be pre-approved by their immediate manager as far in advance as possible, but at a minimum, no less than two weeks in advance. The company generally will grant requests for PTO, when possible, taking business needs into consideration.

The Company recognizes that due to an employee’s own illness or injury, the illness or injury of the employee’s spouse or dependent child, an absence will be unexpected, and approval will not be able to be obtained as set forth above.  Any employee who needs to take such an unexpected absence, except in emergency circumstances, must contact their supervisor via phone call (no texting is permitted) as soon as possible, but in no event later than 45 minutes prior to starting time.  The supervisor must also be notified each additional day of the employee’s absence. Except for employees on an approved FMLA leave, any employee who takes 3 or more consecutive days must provide a certification by his or her health care provider attesting to the employee’s, or his or her family member’s, illness and the employee’s fitness to return to work. These certifications will be scanned and emailed to Jerod Robinson as soon as possible. 

5.         Employees may carry over up to 40 hours of accrued but unused PTO from year to year. Any accrued but unused PTO in excess of 40 hours will be paid out to the employee at the end of the calendar year.

6.              Upon termination of employment for any reason, employees forfeit any accrued but unused PTO.

PAID HOLIDAYS

1. The Company recognizes the following holidays for full-time employees: New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Day, and the employee’s birthday (can be taken 2 weeks from the birthday date on a date approved in advance by the employee’s immediate manager). All offices close at Noon EST on Good Friday (the Friday before Easter), but employees will still be paid for a full work day.  Each full-time, non-exempt employee will receive eight (8) hours pay at their straight time wage rate.

2.  Employees shall receive holiday pay only if they have worked the day preceding and the day following the holiday and have been employed by the company for more than 30 days.  Exceptions to this policy may only be granted through the prior approval of an employee’s immediate manager.

HEALTH INSURANCE

1.              Health insurance benefits will be made available to all full-time employees who have been employed for at least thirty (30) workdays following their most recent date of hire.  Plan benefits and eligibility criteria are set forth in greater detail in plan documents which will be issued to you when you become eligible for the plan. Plan documents supersede any summaries contained in this Handbook.

2.              The Company reserves the right to change, in its discretion, the insurance companies and carriers, which are used for the employee insurance programs.

3.              Employees are presently responsible for paying any deductibles each calendar year before insurance benefits will begin paying for medical claims.  These deductibles may also change in the future to hold down the cost of employee insurance coverage.

4.              An employee’s health insurance benefits will be discontinued on the last day of the month of termination or resignation of the employee.  Additionally, health insurance benefits will be discontinued if an employee is absent from work continuously, and for any reason, for a period of more than forty-five (45) days, unless otherwise required by law (i.e. FMLA leave).  This latter insurance discontinuation shall occur regardless of the cause of the absence, and regardless of whether the absence is authorized or unauthorized.  Those eligible persons whose benefits are discontinued will receive a COBRA notice shortly after the discontinuation of benefits.

Bereavement TIME

1.              Each full-time employee who has completed at least thirty (30) days of work from their most recent start date will receive twenty-four (24) hours pay at their straight time wage rate for the purpose of attending the funeral of a member of their immediate family.  For this purpose, immediate family is defined as including the employee’s spouse, child, brother, sister or parent.

2.              Each full-time employee who has completed at least thirty (30) days of work from their most recent start date shall receive sixteen (16) hours pay at their straight time wage rate to attend the funeral of a relative who is not a member of the immediate family.  For purposes of this paragraph, the relative must be one of the following: mother-in-law, father-in-law, grandmother, grandfather, or grandchild, aunt, uncle, or cousin.

3.              Full-time employees who have worked less than thirty (30) days from their most recent start date will not be eligible to receive paid funeral time.

4.              Full-time employees shall not receive funeral pay for any day that they receive pay for any other reason.

MILITARY LEAVE

1.              A military leave of absence will be granted to employees who are absent from work because of service in the National Guard, Reserves, or any federal or state branch of the uniformed services, in accordance with the Uniformed Services Employment and Reemployment Rights Act and state law.

2.              Employees must provide appropriate documentation to support the need for military leave as soon as the need for leave arises. Please speak with Jerod Robinson regarding your rights and eligibility for reinstatement and benefits during and after your leave.

JURY DUTY

1.              The Company will grant employees time off, without pay, to respond to a summons for jury duty, participate in the jury selection process, and serve on a jury when required.

2.              Employees must show the jury duty summons to their supervisor so that they may make arrangements to accommodate the absence as soon as possible.

3.              Employees are expected to call in to their supervisor daily to report their status while on jury duty and should report to work on non- jury days or on days when the jury is dismissed early, unless instructed otherwise by their manager.

VOTING

1.              Employees who wish to vote in any election or primary must typically do so before or after their regular working hours. If you do not have sufficient time to vote before or after your scheduled shift, you should speak with your immediate manager about taking the necessary unpaid time off to vote.

VICTIM OR WITNESS LEAVE

1.              The Company provides employees with unpaid leave if employees are subpoenaed to testify as a witness before a grand jury, juvenile proceeding, or criminal proceeding.  Employees may also take unpaid leave to prepare for or attend a criminal or delinquency proceeding at the prosecutors’ request, as either the victim, a victim’s representative or as a family member of a victim. Your attendance must be reasonably necessary to protect the victim’s interests and be in response to the prosecutor’s request or a subpoena.

2.              You must give your immediate manager at least 48 hours’ advance notice of your need for leave, unless doing so is unreasonable or impossible. You may be required to provide reasonable documentation to support your need for leave.

FAMILY AND MEDICAL LEAVE (“FMLA”)

1.              A leave of absence of up to 12 weeks in a 12-month period will be granted to all eligible employees for the following purposes:

• The birth of an employee’s child or to care for the child.
• The placement of a child with the employee for adoption or foster care.
• To care for the employee’s spouse, child, or parent who has a Serious Health Condition.
• The existence of a Serious Health Condition rendering the employee unable to perform the functions of his or her position.
• A Qualifying Exigency of a spouse, son, daughter, or parent who is a military member on Covered Active Duty or called to Covered Active-Duty status (or has been notified of an impending call or order to covered active duty).

An employee may take up to 26 weeks of unpaid FMLA leave in a single 12-month period, beginning on the first day that you take FMLA leave to care for a spouse, son, daughter, or next of kin who is a Covered Service Member and who has a Serious Injury or Illness related to active-duty service (known as Military Caregiver Leave).

The maximum amount of leave that may be taken in a 12-month period is 12 weeks, except for Military Caregiver Leave. Military Caregiver leave may be combined with any of the other qualifying leave reasons, but all other leave reasons may not constitute more than 12 of the 26 weeks.

2.              Definitions:

A “Serious Health Condition” is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical facility, or continuing treatment by a health care provider for a condition that either prevents the associate from performing the functions of the associate’s job or prevents the qualified family member from participating in school or other daily activities.  Subject to certain conditions, the continuing treatment requirement includes an incapacity of more than three full calendar days and two visits to a health care provider or one visit to a health care provider and a continuing regimen of care; an incapacity caused by pregnancy or prenatal care, a chronic condition, or permanent or long-term conditions; or absences due to conditions that require multiple treatments.  Other situations may meet the definition of continuing treatment.

A “Covered Service Member” is a member or veteran of the Armed Forces, including the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness. A covered veteran must be discharged (for a reason other than a dishonorable discharge) within the five-year period before the eligible employee first takes Military Caregiver Leave to care for him or her.

“Covered Active Duty” means duty during the deployment of the member with the Armed Forces to a foreign country or for a Reservist, duty during the deployment of the member with the Armed Forces to a foreign country under a federal call or order to active duty in support of a contingency operation.

“Serious Injury or Illness” means, an injury or illness that was incurred by the Covered Service Member in the line of duty on active duty or that existed before the beginning of the Covered Service Member’s active duty and was aggravated by service in the line of duty on active duty, and that may render the Covered Service Member medically unfit to perform the duties of the member’s office, grade, rank or rating. In the case of a Covered Service Member who is a veteran, an injury or illness means that it was incurred by the Covered Service Member in the line of duty on active duty (or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty) and manifested itself before or after the Covered Service Member became a veteran, and is: (i) a continuation of a serious injury or illness that was incurred or aggravated when the covered veteran was a member of the Armed Forces and rendered the servicemember unable to perform the duties of the servicemember’s office, grade, rank, or rating; or (ii) a physical or mental condition for which the covered veteran has received a U.S. Department of Veterans Affairs Service–Related Disability Rating (VASRD) of 50 percent or greater, and such VASRD rating is based, in whole or in part, on the condition precipitating the need for military caregiver leave; or (iii) a physical or mental condition that substantially impairs the covered veteran’s ability to secure or follow a substantially gainful occupation by reason of a disability or disabilities related to military service, or would do so absent treatment; or (iv) an injury, including a psychological injury, on the basis of which the covered veteran has been enrolled in the Department of Veterans Affairs Program of Comprehensive Assistance for Family Caregivers.

“Qualifying Exigency” includes:

Short-Notice Deployment. Issues arising from the military member’s short notice deployment (i.e., deployment within seven or less days of notice). For a period of up to seven days from the day the military member receives notice of deployment, an employee may take qualifying exigency leave to address any issue that arises from the short-notice deployment.

Military Events. Attending military events and related activities, such as official ceremonies, programs, events and informational briefings, or family support or assistance programs sponsored by the military, military service organizations, or the American Red Cross that are related to the member’s deployment.

Childcare. Certain childcare and related activities arising from the military member’s covered active duty, including arranging for alternative childcare, providing childcare on a nonroutine, urgent, immediate need basis, enrolling in or transferring a child to a new school or day care facility.

Financial or Legal Arrangements. Making or updating financial and legal arrangements to address a military member’s absence while on covered active duty, including preparing and executing financial and healthcare powers of attorney, enrolling in the Defense Enrollment Eligibility Reporting System (DEERS), or obtaining military identification cards.

Counseling.Attending counseling for the employee, the military member, or the child of the military member when the need for that counseling arises from the covered active duty of the military member and is provided by someone other than a health care provider.

Rest and Recuperation. Taking up to 15 calendar days of leave to spend time with a military member who is on short-term, temporary Rest and Recuperation leave during deployment. The employee’s leave for this reason must be taken while the military member is on Rest and Recuperation leave.

Post-Deployment Activities. Certain post-deployment activities within 90 days of the end of the military member’s covered active duty, including attending arrival ceremonies, reintegration briefings and events, and other official ceremonies or programs sponsored by the military, and addressing issues arising from the death of a military member, including attending the funeral.

Any other event that the employee and Company agree on is a Qualifying Exigency.

3.              To be eligible for FMLA, an employee must have been employed by the Company for at least 12 months and must have worked for at least 1,250 hours for the Company during the previous 12 month period.  Where applicable, any unused accrued PTO will be first applied to the leave and will be paid accordingly to the employee.  The balance of the leave will be unpaid.  During any FMLA leave, the company must maintain the employee’s coverage under any group health plan on the same conditions as coverage would have been provided if the employee had been continuously employed during the entire leave period. During FMLA leave, the employee must continue to pay his or her share of group health plan premiums.  Upon return from the leave of absence (if within 12 weeks), the employee will be restored to the position held immediately prior to the commencement of the leave or to an equivalent position with equivalent pay, benefits, and terms and conditions of employment. However, an employee has no greater right to reinstatement or to other benefits and conditions of employment than if the employee had been continuously employed during the FMLA leave period.

4.              The 12-month period for utilizing FMLA benefits will be measured backward from the date an employee uses any FMLA leave (except for Military Caregiver Leave). Each time the employee takes family or medical leave, the remaining leave entitlement must be drawn from any balance of the 12 weeks, which has not been used during the immediately preceding 12 months.

5.              A leave of absence due to the Serious Health Condition of the employee or an immediate family member, or an Injury or Illness of a Covered Service Member, will require the certification of an appropriate health care provider.

A leave of absence due to a Qualifying Exigency will require appropriate documentation based upon the specific Qualifying Exigency. Examples include active-duty orders, written documentation demonstrating appointment dates, rest and relaxation orders, etc.

6.              In cases of a Serious Health Condition, or the Injury or Illness of a Covered Service Member, the leave may be taken on an intermittent or reduced schedule basis, upon presentation of a certification from a physician documenting the necessity of intermittent leave.  If an employee requests intermittent or reduced schedule leave that is foreseeable based on planned medical treatment, the Company may require the employee to transfer temporarily to an available alternative position for which the employee is qualified, and which better accommodates recurring periods of leave than does the employee’s regular position.  Generally, if the intermittent absences are unforeseeable, employees must comply with the Company’s call-in procedures. 

7.              The request for leave must be made in writing to the Company Vice-President at least 30 days before the leave is to begin unless the need for the leave was unforeseeable. In that event, the request is to be made at the earliest possible time.

8.              If an employee fails to return to work on his or her first scheduled day of work after the expiration of a leave of absence, the employee will be deemed to have voluntarily quit.

WORKERS’ COMPENSATION

1.              All employees shall exercise caution to protect themselves and their co-workers from injury.  Employees injured on the job must report the injury immediately to their supervisor and fill out an injury report as soon as possible.  An employee’s failure to promptly report an injury in the workplace may result in disciplinary action against the employee.  Employees who witness an injury to an employee or third party must also promptly complete an injury report.

2.              All employees are covered by the Ohio Workers’ Compensation Act.  If you are injured during your employment, this incident will be considered an industrial accident and processed in accordance with the Ohio Workers’ Compensation Act.

WORK, SCHEDULING, ATTENDANCE AND PAYMENT FOR SERVICES

HOURS OF WORK

1.              The Company reserves the right to establish and generally administer the work schedules for each employee.  The number of shifts, as well as the starting and stopping times for each shift, shall be established, and changed, as necessary, depending upon the needs of the business.

2.              All employees must be sure to clean and organize their workstations before the end of the day to leave the work area in an appropriate condition.

3.              Each employee is expected to be ready to begin work at their workstation at the beginning of their shift, which unless otherwise communicated by Senior Management, is 8:00 AM EST, Monday through Friday.

TARDINESS AND ABSENTEEISM

1.              Regular, reliable, and predicable punctuality and attendance is an essential function of the employee’s position.  All employees must call in or text at least forty-five (45) minutes prior to their designated starting time if they are late arriving at work.  When calling in, employees should speak directly to their immediate manager.  Excessive tardiness will not be tolerated, as it is important for all employees to be present and ready to begin working at their designated starting time.  Tardiness is accumulated on a 6-month basis beginning with an employee’s most recent start date.  The first instance will result in a verbal warning to the employee.  The second incident in the 6-month period will result in an e-mailed written warning.  The 3rd incident in the 6-month period will result in a final written warning.  The 4th incident in the 6-month period may result in termination of the employee.

2.             Employees who are absent for 2 days without calling in or otherwise contacting the Company will be terminated for job abandonment.

3.              The Paid Time Off policy and leave policies further addresses excused time away from work.

4.              Excessive tardiness or absenteeism will result in disciplinary action up to and including termination.

PAYMENT FOR SERVICES

1.              Employees are paid by direct deposit weekly.  If a payday falls upon a holiday, payment will be made on the preceding workday.

2.              Due to government regulations and the method for reporting social security, state and federal taxes, the Company will not give pay advances or loans to employees.

3.       Each employee paycheck will be accompanied by a voucher that is available in the employee portal, itemizing deductions which the Company has made from the direct deposit in accordance with applicable laws and as authorized by the employee in writing. These deductions may include, but are not limited to, taxes, attachments, garnishments, or levies imposed by a court or a taxing authority. Questions regarding any of these deductions should be directed to the Company’s human resources department.

4.         Pay raises and bonuses for employees are given entirely at the discretion of management, based upon performance and profitability. 

5.       To be eligible for payment of all bonuses offered by the Company, an employee must be employed on the date that the bonus is paid.  To the extent a bonus was earned, if an employee is not employed on the date the bonus is paid, the employee forfeits the bonus.  Bonuses are paid one week in arrears on Friday.  Direct Hire Bonuses are paid on the Friday of the next pay period following the date the bonus was paid by the client to the Company.

REPORTING TIME

Non-exempt employees must maintain accurate time records of hours worked. Supervisors must accurately and appropriately notify payroll of all absences or changes from regular work schedules.  The work week consists of seven consecutive days beginning on Monday at 12:00am and ending on Sunday at 11:59pm.  Overtime is defined as hours worked by a non-exempt employee in excess of 40 hours in a work week.  Overtime is paid at the rate of one-and-one-half times the regular rate of pay.  PTO, holiday pay, funeral pay, and other types of leave is not counted as time worked. 

Overtime is considered a condition of employment and refusal to accept it when reasonable notice has been given is cause for discipline, up to and including termination.  No employee will work overtime without authorization from his or her immediate supervisor.  Non-exempt employees are prohibited from working when not on the clock. If an employee is asked to work off the clock or submit a time record that is not accurate, the employee is to contact the President of the Company immediately. Employees who work overtime without obtaining prior approval, or who falsify time-keeping records, may be subject to corrective action up to and including termination.

EMPLOYEE RULES

PERSONAL APPEARANCE & dress Code

1. All employees should present themselves for work in a clean, business professional fashion and a neat, clean professional appearance is required. We ask that you use your best professional judgment in selecting appropriate clothing for work. If you are unclear as to what constitutes appropriate clothing for work, please contact your immediate supervisor to discuss. You are expected to maintain appropriate levels of cleanliness, grooming and hygiene during work hours.

• Employees must wear clean and well-maintained attire and footwear, appropriate to the typeof work that they do.  Good grooming and hygiene are mandatory.

• Employees should dress in business casual attire, expect on Friday when casual dress is permitted. The following examples are designed to assist employees in identifying unacceptable work attire:
• Clothing or visible tattoos with foul language or obscene images.
• Visual piercings anywhere other than in the ears.
• Hoodies, sweatshirts, halter tops, open shoulder tops, and T-shirts.
• Cargo pants, athletic leggings, and athletic pants.
• Shorts.
• Flip flops or open sandals.
• Athletic shoes (except for Friday).
• Jeans (except on Friday).

Employees who have questions regarding appropriate work attire should speak with their immediate supervisor.

SAFETY/SECURITY

1.              In order to maintain proper security, keys to the Company’s premises are not to be distributed generally but are limited to those employees whose job requires that they possess a key.  The Company maintains written records of all keys, and employees should never, for any reason, give their key to another employee or borrow another employee’s key.  Employees are also prohibited from making copies of any Company keys.  All keys must be turned into the Company upon resignation or termination of employment.

For offices that utilize keypads and/or code-controlled entry doors, each code is to be protected and no employee is authorized to share the entry code with anyone else. 

2.              Each employee is expected to exercise reasonable levels of caution in all work activities.  Employees must immediately report any unsafe condition to the appropriate supervisor.  Employees who violate these minimum safety standards, who cause hazardous or dangerous situations or who fail to report or (where appropriate) remedy such situations may be subject to disciplinary action by the Company, up to and including termination of employment.

3.              Employees injured on the job must report the injury immediately to their supervisor and fill out an injury report as soon as possible.  Employees who witness an injury to an employee or visitor must also promptly complete an injury report. 

4.              Only authorized employees are permitted to enter the Company’s premises outside of regular working hours.  Any employee wishing for third parties to enter the premises either before or after the Company’s working hours must have prior authorization from management.

TOOLS AND EQUIPMENT

1.              No equipment or materials belonging to the Company will be permitted to leave the Company’s premises.  Appropriate inventories will be conducted periodically.  Employees are not permitted to borrow equipment or materials from other employees without permission.

2.              Employees who have brought their own equipment onto the Company’s premises will be responsible for this equipment.  The Company will not be responsible for the security of personal property.

3.              Any employee who is found to have stolen Company equipment, or materials or property belonging to fellow employees will be terminated immediately.

EMPLOYMENT CLASSIFICATIONS

1.              For purposes of salary administration and eligibility of employee benefits, the Company classifies its employees as follows:

• Full-time. A full-time employee is any employee hired to regularly work the Company’s normal, full-time work schedule. Unless otherwise specified, the benefits described in this Handbook apply only to full-time employees.
• Part-time. Part-time employees are those hired to work fewer than 30 hours per week on a regular basis. Except as expressly set forth in the Handbook or Summary Plan Description, part-time employees are not eligible for benefits.

2.              Each employee is designated as either non-exempt or exempt under the Fair Labor Standards Act and applicable state wage and hour laws. 

• Non-exempt. Non-exempt are generally paid on hourly rate and are entitled to overtime pay for work in excess of 40 hours per work week, under the specific provisions of federal and state laws. 
• Exempt. Exempt employees generally receive a pre-determined salary for all work performed and are not entitled to overtime pay.

Any questions regarding your employment status and eligibility for overtime should be directed to your Regional Manager.

CELL PHONES

Cell phones are permitted in the workplace; however, under no circumstances is the employee permitted to receive or make personal calls, send or receive personal text messages or engage in non-work-related internet or other Social Media activity, during working time or in work areas, unless in the case of an emergency,  which will be pre-approved by their immediate manager. Cell phones may be utilized during working hours for multifactor authentication purposes.  Cell phones are not to be used to take badge or security pictures for clients and only company I-pads should be used for this purpose.

PERSONAL CALLS

Employees will not be permitted to make or receive personal telephone calls during working time, except for emergencies.  Messages will be taken during normal work hours, and employees may return these calls during their break times or lunch times.

COMPUTER, INTERNET, & EMAIL

Employees may not use the Company’s computers, computer files, servers, email, software or Internet access or services (collectively “Systems”) except for work purposes. To ensure compliance with this policy, employees’ use of these Systems may be monitored by the Company.  There is no expectation of privacy in the use of the Company’s Systems.  The Systems that are furnished to employees are property of the Company and are intended for business use only and may be accessed by the Company in the ordinary course of business. All data sent and received on the Systems is the property of the Company.

Employees may never use the Systems to: (1) transmit, retrieve or store any communications that violate the Sexual and Other Unlawful Harassment policy or any other policy contained in this Handbook; (2) use disparaging, abusive, profane or offensive language; (3) copy, retrieve, or modify any copyrighted materials; (4) open or click on suspicious email or pop-ups, download unauthorized content from the Internet, or click on links from unknown email senders; or (5) access personal social media accounts or non-work related websites. Please contact IT immediately with any questions or concerns related to spam or other potential viruses.

Non-exempt employees may only access Company email on their personal devices with the express permission of the Company.

SOLICITATION AND DISTRIBUTION

Employees should be able to work in an environment that is free from unnecessary annoyances and interference with their work. In order to protect our employees, solicitation by employees is strictly prohibited while either the employee being solicited or the employee doing the soliciting is on “working time.”  “Working time” is defined as time during which an employee is not on a break or on work premises immediately before or after his or her shift.

Employees are also prohibited from distributing written materials, handbills, or any other type of literature during working time and, at all times, in “working areas,” which includes all office areas. “Working areas” do not include break rooms, parking lots, or common areas shared by employees during nonworking break times.

The posting of materials or electronic announcements are not permitted without management’s approval.

Solicitation of visitors, guests, customers or clients or distribution of materials to visitors, guests, customers or clients is always strictly prohibited.

Nothing in this policy is intended to restrict an employee’ s rights under Section 7 of the National Labor Relations Act to engage in concerted protected activity.

ORDERING SUPPLIES

Only managers are authorized to place orders for supplies.  Unless instructed to do so by your immediate supervisor, you are not to make orders or purchases for any tools, supplies, or equipment.  All office supplies must be approved and ordered through the Corporate Accounting team.  Cash purchases without Corporate Accounting approval will not be honored by the Company for reimbursement purposes.

SUPERVISORS OR IMMEDIATE MANAGERS

Each department will be managed by its own immediate supervisor or manager. All questions and problems should be directed to your immediate supervisor or manager, and the instructions of your immediate supervisor or manager must be followed.  Insubordination will not be tolerated.  Not following the organizational chain of command will result in disciplinary action.

SEXUAL AND OTHER UNLAWFUL HARASSMENT

Sexual Harassment

As you may know, employment discrimination based upon a person’s sex or gender is unlawful. Sexual harassment includes such conduct as making unwelcome sexual advances, requesting sexual favors, and other verbal or physical contact of a sexual nature where a) submission to such conduct is made either explicitly or implicitly a term or condition of employment; b) submissions or rejection of such conduct is used as a basis for employment decisions; or c) where such conduct unreasonably interferes with one’s work or creates a hostile or offensive working environment. Sexual harassment also includes harassment that is not sexual in nature, for example, offensive remarks or comments about and individual’s sex or gender.

In the interest of making this a pleasant and comfortable place to work for everyone, please be assured and forewarned that the Company will not tolerate any form of sexual harassment by its employees, supervisors, or anyone associated with the Company.

The Company prohibits any deliberate or unsolicited sexual comment, request, joke, innuendo, gesture, physical contact, display of explicit or suggestive materials by an employee towards any other employee, commentary about an individual’s body, sexual preferences, sexual prowess or sexual deficiencies, leering, whistling, and any other physical, verbal, or visual conduct of a sexual nature.  Compliments of a socially acceptable nature do not constitute a violation of this policy. 

Please give this subject the serious consideration it deserves and respect the rights of your fellow workers by refraining from any conduct which might be viewed as sexual harassment, including conduct which might be intended in jest but which could be interpreted the wrong way.

Other Forms of Unlawful Harassment

No employee may harass anyone because of that person’s race, creed, color, age, religion, disability, ancestry, sex (including pregnancy and childbirth), sexual orientation, gender identity, genetic information, past, current or prospective service in the uniformed services, citizenship, national origin or any other category protected by law, that has the purpose or effect of creating an intimidating, hostile or offensive work environment; b) has the purpose or effect of unreasonably interfering with an individual’s work performance; or c) otherwise adversely affects an individual’s employment opportunities.

In the interest of making this a pleasant and comfortable place to work for everyone, please be assured and forewarned that the Company will not tolerate any form of harassment by its employees, supervisors, or anyone associated with the Company on the basis of the above legally protected characteristics.

Examples of conduct prohibited by this policy include (but are not limited to) making racial or ethnic slurs, intimidating or hostile acts, using offensive stereotypes, viewing, posting, or circulating written or graphic material that denigrates or shows hostility or aversion toward an individual or group, and making jokes about any of the above legally protected characteristics.  This list is illustrative only, and not exhaustive.  No form of harassment will be tolerated.

Please give this subject the serious consideration it deserves and respect the rights of your fellow workers by refraining from any conduct which might be viewed as harassment, including conduct which might be intended in jest, but which could be interpreted the wrong way.

Reporting Harassment

Anyone with knowledge of sexual or other unlawful harassment should report such conduct immediately to Jerod Robinson or Sharon Robinson. You may be requested to follow up your oral complaint with a written statement concerning the harassment.  Management will investigate all harassment complaints appropriately.  The Company will take prompt and immediate remedial action necessary to eliminate sexual and other unlawful harassment in the workplace.  While the Company will attempt to keep any complaints or reports of sexual and other unlawful harassment confidential, in order to ensure a complete and thorough investigation, complete confidentiality may not be possible.  There will be no retaliation for good faith reports of harassment. 

Retaliation

Retaliation against an individual for reporting harassment in good faith or for participating in an investigation of a claim of harassment is a serious violation of this policy and, like harassment itself, will be subject to disciplinary action, up to and including termination. Employees who believe they have been subjected to retaliation should report such conduct using the process outlined to Report Harassment.

EQUAL OPPORTUNITY

1.              The Company is an equal opportunity employer.  All employees and prospective employees will be recruited, selected, trained, and promoted without regard to age, sex (including pregnancy and childbirth), sexual orientation, gender identity, race, color, religion, disability, national origin, ancestry, military or veteran status or any other protected category under federal or state law.  This same nondiscriminatory consideration will be used in all other aspects of the employment relationship.

2.              All employees of the Company are charged with fulfilling their responsibilities to actively support the Company’s equal opportunity policy.  This equal opportunity policy applies to all phases of Company employment.

ACCOMMODATIONS FOR DISABILITIES

1.              The Company will provide reasonable accommodation to the limitations and restrictions of any qualified individual with a disability.  If you believe that a disability affects your ability to perform your job duties, please contact your manager to discuss what reasonable accommodations may be possible to allow you to perform your job safely and effectively.

2.              A statement from you and/or your physician describing any disability or job limitation may be necessary for the Company to determine what the appropriate accommodation is and whether such accommodation is possible.  You may also be required to sign a release of your medical information, but any such release would be limited to information relating to the claimed disability.

PERSONNEL FILES

1.              The Company maintains a personnel file on each employee in an electronic format, which includes information such as the employee’s job application, resume, documentation of performance appraisals/salary increases, reprimands and notices issued to the employee and other employment records.  These files are solely the property of the Company, and access to the information contained therein is confidential.  Only an employee’s supervisors and management personnel of the Company with a legitimate reason for reviewing the information in a file are allowed to do so.

EMPLOYMENT REFERENCE CHECKS

1.              The Company may check the employment references of applicants for positions with the Company, depending upon the position being filled.  Any employee who is subsequently found to have provided false information in a resume or job application shall be subject to discipline by the Company, up to and including termination of employment.

2.              Employees who receive reference check inquiries from other employers about current or former Company employees shall refer such inquiries to the President.  The Company shall respond to such inquiries by only confirming dates of employment and position(s) held.

DISCIPLINE

1.           The Company has the duty of maintaining good discipline and efficiency among its employees.  Accordingly, the Company reserves the right to impose disciplinary action against employees whose conduct warrants such discipline.  In this regard, the Company shall establish and change in its discretion, work, and safety rules which all employees will be required to follow.  This does not change or limit the at-will employment relationship between the Company and its employees.

2.           Employees may resign or be terminated for any reason.  Disciplinary terminations may not be preceded by a warning, at management’s discretion, depending on the offense’s nature.

3.           Without limiting the Company’s right to terminate Employee for any reason, Employee understands that the following circumstances may result in immediate termination of employment:

• Insubordination, including possession of a difficult, rebellious, or inconsiderate attitude.
• Being disruptive to the Company workplace.
• Use or possession of illegal drugs, alcohol while on the job or on Company premises, or showing up for work under the influence of alcohol, illegal drugs, or any substance with renders the employee unable to safety and effective perform the function of his or her job.
• The illegal use, possession, transfer, sale, or distribution of prescription drugs on Company premises.
• Possessing any kind of weapon on Company premises, unless properly stored in the trunk of the employee’s car in accordance with state law.
• Sleeping, loafing, or horsing around on the job.
• Poor work quality.
• Theft, attempted theft, or personal use of Company property.
• Excessive tardiness, unexcused absences, poor attendance or not providing documentation for an absence upon request.
• Not meeting the expectations and requirements of the employee’s position, including daily work activities, KPI’s, SLA’s, and other communicated work requirements.
• Employ-Temps utilizes an Applicant Tracking System (ATS). Employee is required to follow all processes and procedures in a timely and consistent manner. 
• Not returning keys, passes or other items supplied to the employee for access to the workplace.
• Falsifying time records or recording hours not actually worked.
• Violence, threats of violence, verbal abuse, menacing gestures, or any other acts of aggression or intimidation.
• Using Company internet, devices, and other system resources for other than business purposes, or sending or receiving email not of a direct business nature; and
• Violating any of the terms, conditions or policies set forth in this Handbook or communicated to you by your immediate supervisor.

This policy is not intended to preclude or dissuade employees from engaging in activities protected by state or federal law, including the National Labor Relations Act, or legally required activities.

CONFIDENTIALITY

To protect the Company’s interests in maintaining the confidentiality and certain types of proprietary information, the Company requires all employees to sign a separate, written confidentiality and non-competition agreement as a condition of their employment.  Neither that agreement nor this Handbook guarantees any employee continued employment with the Company for any specific amount of time, or otherwise alters each employee’s status as an at-will employee with the Company.

BACKGROUND, Drug, AND OTHER CHECKS

1. Each employee agrees to promptly execute all authorizations for the release of all information in connection with the employee’s driving record, criminal record, credit bureau reports, or other reports which may be requested by the Company.
2. The type of check that each applicant or employee must undergo is job related.
3. Employees will also perform in office drug tests for contract employees being placed at client locations.  All procedures and processes associated with safe and accurate collection of oral drug samples must be followed at all times by employees.

TOBACCO-FREE WORKPLACE

The Company prohibits and will not tolerate smoking or using tobacco products in the workplace.  Smoking and using tobacco products also are prohibited on the Company’s outdoor property.  This policy applies to all employees and visitors.  For purposes of this policy, smoking or using tobacco products includes lighting, smoking, or carrying a lighted cigarette, cigar, or pipe, use of any electronic smoking device (“vaping”), and dipping or chewing tobacco.  This list is illustrative only and not exhaustive.  The Company will investigate all complaints of violations of this policy and will take prompt corrective action, including discipline, if appropriate.

MOTOR VEHICLE POLICY

Only authorized employees are permitted to operate a Company vehicle or to drive a personal vehicle for Company business. The Company reserves the right to request updated motor vehicle records annually. Driving privileges may be revoked if a motor vehicle record is determined               unsatisfactory in the Company’s sole discretion.

Employees operating a Company vehicle or driving a personal vehicle for Company business are expected to operate the vehicle in a safe and lawful manner, which includes but is not limited to:

• Maintaining a reasonable rate of speed as appropriate for existing road conditions. Drivers should not exceed posted speed limits.
• Abiding by traffic signals and signs.
• Wearing seat belts.
• Avoiding aggressive and reckless driving.
• Never driving when impaired by alcohol, drugs, or fatigue.
• Never texting or emailing while driving.
• Never talking on a cell phone while driving without the use of a hands-free device.
• Never listening to headphones while driving.
• Never permitting an unauthorized employee or other third party to operate the vehicle.
• Never engaging in rude or discourteous behavior with other drivers.

Employees must report all accidents involving a Company vehicle or involving the employee’s personal vehicle if the vehicle is being used to perform Company business. Employees are solely responsible for the cost of repairs, maintenance, or insurance deductibles for the employee’s personal vehicle. Employees are solely responsible for paying for all moving violations and parking tickets whether received while operating the Company vehicle or the employee’s personal vehicle.

OPEN DOOR POLICY

In any complex operation problems or differences of opinion regarding work matters will occasionally arise between employees and their supervisors, fellow employees, or the Company in general.  We encourage you to bring any problem you might have to your manager.  If your immediate manager, after a reasonable amount of time, is unable to resolve the problem to your satisfaction, the Company Vice President has an open-door policy to discuss any matter.

This open-door policy and problem review procedure is designed to resolve problems quickly and is based on the following principles:

• We encourage you to bring your problems and questions to the manager’s attention.
• Your problem will be thoroughly discussed and evaluated on its merits.
• If possible, any necessary corrections to resolve the problem will be made.

Obviously, we cannot correct a problem unless we know about it.  Therefore, you are encouraged to use the Company’s open-door policy to air any problems you may have regarding your job.

COMPANY PROPERTY

1.              No files, equipment or materials belonging to the Company will be permitted to leave the Company’s premises.  Appropriate inventories will be conducted periodically.  Employees who have brought their own personal property onto the Company’s premises will be responsible for ensuring that their property is stored in a properly locked area.  The Company will not be responsible for the security of personal property.

2.              There is no expectation of privacy in the use of the Company’s property and furnishings provided at its facility, such as closets or desks.

3.              The Company reserves the right to inspect all closets, desks, or other storage area along with any purses, bags, or other items brought onto the Company premises.

4.              You must return all Company property at the time of separation. Employees are responsible for the cost of all unreturned or intentionally damaged Company equipment.

SOCIAL MEDIA POLICY

The Company respects the right of any employee to maintain a blog or web page or to participate in a social networking on or through websites or services such as X (formerly Twitter), Facebook, Threads, LinkedIn, YouTube, Instagram, TikTok, SnapChat, or similar sites/services (collectively “social media”). However, to protect Company interests and ensure employees focus on their job duties, employees must adhere to the following rules:

• Employees may not use social media during work time or at any time with Company equipment or property.
• All rules regarding confidential and proprietary business information apply in full to social media. Any information that cannot be disclosed through a conversation, a note, or an e-mail also cannot be disclosed through social media.
• When using social media, if the employee mentions Company and also expresses either a political opinion or an opinion regarding Company’s actions that could pose an actual or potential conflict of interest with Company, and it is either implicit or explicit that the poster is affiliated with Company, the poster must include a disclaimer. The poster should specifically state that the opinion expressed is a personal opinion and not Company’s position. This is necessary to preserve Company’s goodwill in the marketplace.
• Employees may not use Company’s logos or trademarks for commercial purposes or to endorse any product or service.

Any conduct that is impermissible under the law if expressed in any other form or forum is impermissible if expressed through social media. For example, posted material that is discriminatory, obscene, defamatory, libelous, or violent is forbidden. Company policies apply equally to employee social media usage.

Employees with any questions should review the guidelines above and/or consult with their manager. Failure to follow these guidelines may result in discipline, up to and including discharge.

Social Media Account Ownership

If you participate in Social Media activities as part of your job at Employ-Temps, that account may be considered Employ-Temps property. If that account is Employ-Temps property, you do not get to take it with you if you leave the company — meaning you will not try to change the password or the account name or create a similar sounding account or have any ownership of the contacts and connections you have gained through the account. This does not apply to personal accounts but would certainly apply to all Employ-Temps branded accounts created as part of your job.

Please understand that it is your responsibility to understand and adhere to these principles. If you don’t follow the principles laid out above when engaging in Social Media you could face serious consequences up to termination. This policy is not intended to preclude or dissuade employees from engaging in protected or required activities governed by state or federal law, including the National Labor Relations Act.

DRUG AND ALCOHOL POLICY

It is the policy of the Company to maintain a drug- and alcohol-free work environment that is safe and productive for employees and others doing business with the Company.

The unlawful use, possession, purchase, sale, transfer, or distribution of any drug, or being under the influence of any illegal drug and/or the misuse of legal drugs while performing work is strictly prohibited. The Company also prohibits reporting to work or performing any Company business while under the influence of alcohol or consuming alcohol while on duty or during work hours. Although the use of medical marijuana has been legalized under Ohio law, employees may not report to work or perform Company business while under the influence of marijuana. 

The Company reserves the right to search Company property under the control of an employee or an employee’s personal effects anywhere on its premises to determine whether the employee is in possession of illegal drugs, alcohol, or other controlled substances. The Company further reserves the right to require an employee to undergo a drug test if the Company has a reasonable suspicion that the employee is under the influence of drugs or alcohol on Company premises or while performing Company business.

If you take a prescription drug, which causes adverse side effects, e.g., impaired reflexes, you must inform your supervisor that you are taking such medication on the advice of a physician.  The Company will review with you whether the side effects of the prescription drug may cause a threat to safety or impair your ability to perform your work and take any appropriate steps.

Any employee violating this policy is subject to discipline, up to and including termination.

FRATERNIZATION POLICY

In order to avoid potential conflicts and misunderstandings and to further promote fairness and professionalism, the Company prohibits romantic, dating or sexual relationship between a member of management and an employee whom he or she directly or indirectly supervises or whose terms or conditions of employment he or she may influence. Examples of terms or conditions of employment include promotion, termination, discipline, and compensation.

Employees should be aware of the negative ramifications and perceptions that could result from these relationships and should carefully avoid situations in which fraternization, or the appearance of fraternization could occur.  It is the intent of this policy to minimize any actions which might present the appearance or occurrence of a conflict of interest, favoritism, or sexual harassment.

All employees engaged in a romantic, dating or sexual relationship or who wish to engage in a romantic, dating or sexual relationship with another employee must notify Sharon or Jerod Robinson. Failure to notify the Company is grounds for disciplinary action up to and including termination.

ACKNOWLEDGMENT

EMPLOY-TEMPS STAFFING SERVICES EMPLOYEE HANDBOOK

By signing below, I acknowledge that I have received a copy of the RSResources, Inc. dba Employ-Temps Staffing Services Employee Handbook revised in August 2021. I have read it, understand it, and agree to comply with it. I understand that if I have any questions regarding the content or interpretation of this Handbook, I will bring them to the attention of an officer of the Company. 

I understand that the Company has the maximum discretion permitted by law to interpret, administer, change, modify, or delete the rules, regulations, procedures, and benefits contained in the Handbook at any time without notice. This Handbook and the policies and procedures contained herein supersede any and all prior handbooks and any inconsistent prior practices, oral or written representations, or statements regarding the terms and conditions of my employment.

I understand that my employment at the Company is on an at-will basis, and that the Company or I may terminate the employment relationship at any time and for any reason.  I understand that no oral or written statements modify the employment-at-will relationship, unless executed in writing by the President or Vice-President of the Company.

Also, should I ever leave employment with the Company, I agree to return all Company property in my possession, including this Employee Handbook, and I further agree that the value of any property which I fail to return may be reduced from any pay due and owing to me.

EMPLOYEE                                                                                                           

Name: ______________________________________           

Signature: _________________________________

Date: _________________________________

NON-COMPETITION AND NON-DISCLOSURE AGREEMENT

THIS NON-COMPETITION AND NON-DISCLOSURE AGREEMENT is executed on _________________________, by and between RS RESOURCES, INC. EMPLOY-TEMPS, an [Ohio] corporation (“Company”), and ______________________________(“Employee”).

RECITALS

WHEREAS, the Company has retained Employee to perform services for or on behalf of the Company on an at-will employment basis; and

WHEREAS, the Company is willing to invest considerable time and expense to train Employee in connection with the business of the Company [and/or its affiliates]; and

WHEREAS, pursuant to the performance of services by the Employee, the Company has provided and is willing to provide the Employee with access to confidential and proprietary information regarding the business of the Company, on the condition that the Employee take all reasonable measures to keep all confidential and proprietary information concerning the Company confidential in accordance with applicable laws and the terms and conditions stated below; and

WHEREAS, in recognition of the Company’s need to take reasonable steps to protect, among other things, its customer base and business interests, the Employee is willing to enter into a covenant not to compete with the Company in accordance with the terms and conditions stated below.

WITNESSETH

NOW, THEREFORE, in consideration of the above recitals, the Employee’s employment with the Company, the mutual promises and conditions set forth herein, and such good and valuable other consideration, the adequacy, sufficiency and receipt of which is hereby acknowledged by the parties, the parties hereto, each intending to be mutually bound, hereby state for their agreement as follows:

1.              Incorporation of Recitals. Each of the above recitals is considered a substantive part of this agreement, and each is incorporated herein by reference.

2.              Non-Compete Covenants of Employee. During the term of the Employee’s employment with the Company and for a period of two years after the last day of employment, the Employee shall not do the following:

            a.   Directly or indirectly own, manage, operate, join, control, engage in, be employed by, or act as an agent of advisor or consultant for, or participate in the ownership, management, operation, or control of, or be connected in any manner with, any business, persons, firm, partnership, sole proprietorship, joint venture, corporation, or any other entity which directly or indirectly engages in any activity that directly or indirectly competes with the business of the Company [or any of its affiliates], within a fifty-mile radius from any Company office.

            b.   Solicit, contact, hire, use or employ any of the Company’s or any of its affiliates’ existing or past employees, existing, past or prospective customers, or existing or past suppliers for the purposes of using them in any way directly to compete with the Company [or any of its affiliates] of otherwise harm the Company [or any of its affiliates].

As used herein, the term “affiliate” means the Company and any person or entity that controls, is controlled by, or is under common control with the Company. The term “control” means the power, directly or indirectly, to direct or cause the direction of the management or policies of a person or entity, whether through ownership of securities, by contract or otherwise. Also as use herein, the term “customer” means any person, company, corporation, organization, or other entity that has purchased products or services from the Company or any of its affiliates at any time during the term of the Employee’s relationship with the Company or during the two (2)-year period preceding the date of execution of this Agreement, and the term “prospective customer” means any person, company, corporation, organization, or other entity that has been solicited for business by the Company [or any of its affiliates or their respective employees, shareholder, officers, directors, representatives or agents during the term of the Employee’s relationship with the Company or during the two (2)-year period preceding the date of execution of this Agreement.

3.             Nondisclosure of Confidential Information. During the term of the Employee’s employment with the Company and thereafter, the Employee shall not do the following:

a.   Directly or indirectly disclose or use any Confidential Information (hereinafter defined), for the Employee’s benefit or for the benefit of any other person, firm, corporation, association, or any other party (unless such information has already been fully disclosed in public literature). The Employee shall treat all such Confidential Information as confidential. The term “Confidential Information” as used in this agreement shall mean any information or data, in any form (i.e., verbal, written, electronic or other) related to the business of the Company [or any affiliate], including (without limitation): items and materials received by, provided to or otherwise learned by the Employee from any person or source; those contracts and/or customers for whom the Company’s products or services are being provided or to whom such products or services are being sold; customer lists or prospective customer lists; suppliers; financial information or statements; specifications, processes, sources of supply and sources of materials; procedures, technology, prices, designs, formulae and technical information; trade secrets (as defined under Ohio Revised Code Section 1333.61); discount practices; production costs, marketing or sales plans; materials, formulations, products, or any proprietary and confidential information of any customer; future plans, ideas, technical data, or any other information which is confidential or proprietary in nature, as well as all memoranda, notes, electronic data or other writings prepared by the Employee based upon such Confidential Information. The Employee further agrees that any and all confidential or proprietary information of any affiliate, customer or client of Company [or any affiliate] of the kind described in this subsection (a) shall also be treated as Confidential Information for purposes of this Agreement.

            b.   The Employee agrees that all Confidential Information which comes into the possession or control of the Employee shall remain the sole property of the Company or the Company’s affiliates, customers or clients if applicable. In addition, the Employee shall not remove any Confidential Information from the premises of the Company, whether in hard copy or by electronic means, including but not limited to the use of the Internet, modem, or other transmission devices. Furthermore, the Employee shall not photocopy any of the Confidential Information, except to the extent reasonable necessary to effectively utilize the Confidential Information in the manner consistent with the Employee’s performance of services on behalf of the Company, and in any event agrees to return all Confidential Information to the Company upon termination of the Employee’s employment with the Company (regardless of whether such termination was voluntary or involuntary on the part of the Employee).

            c.   The Employee further covenants and agrees not to make any disparaging, negative or other such comments that would be reasonably likely to adversely affect the business and operations of the Company or any of its affiliates.

            d.   Confidential Information does not include any information that: (a) is now or that becomes generally known to the public or is otherwise in the public domain so long as such information is or becomes so known through no fault of Employee, (b) was developed and possessed by Employee prior to its disclosure to Employee hereunder, (c) was received by Employee lawfully and in good faith from a third party who is under no obligation with regard to Company, directly or indirectly, or (d) is legally required to be disclosed by Employee by a government agency or court of law having jurisdiction, but only if Employee provides Company with prompt notice under the circumstances prior to disclosure so that Company may seek judicial protection.  Further, nothing in this Agreement is intended to interfere with, restrain or coerce Employee from exercising Section 7 Rights under the National Labor Relations Act, or from making good faith disclosures of sexual assault or sexual harassment as protected by the provisions of the Speak Out Act.

4.             Acknowledgment.   In the event the Employee violates Section 2 or 3 above, the Employee acknowledges that such violation, or any threatened violation by the Employee shall result in irreparable and incalculable damages to the Company [and/or its affiliates]. Therefore, in addition to any action by the Company [and/or its affiliates] for the collection of damages resulting from any breach of Section 2 or 3 above, the Company [and/or its affiliates] shall also be entitled to immediate injunctive relief, restraining the Employee from the continued or threatened violation. The Employee further agrees that, upon the Employee’s breach or threatened breach of the terms of Section 2 or 3 above, the Employee shall pay the Company and/or its affiliates the costs and expenses, including attorney fees, which the Company and/or its affiliates incurred in enforcing the terms of those Sections. Furthermore, should the Employee bring any action, suit, or claim against the Company and/or its affiliates against the injunctive remedy contained herein, or the forfeiture of any and all payments, the Employee shall be liable to pay all costs and expenses, including attorneys’ fees, incurred by the Company and/or its affiliates in such suit, action, or claim.

5.              No Fixed-Duration Employment Relationship. The parties hereby acknowledge that this agreement creates no contract of employment for any fixed duration. Rather the Employee is an at-will employee of the Company and, as such, both the Company and the Employee have the option to terminate the at-will employment relationship at any time and for any reason. Furthermore, the Employee acknowledges that this Agreement shall not be construed to limit in any way the right of the Company to terminate the employment of the Employee at any time, and shall also not be construed to evidence any agreement (express or implied) that the Company will employ the Employee in any particular position for any particular period of time other than that as an at-will employee.

6.              Survival.  The provisions of this agreement, including the Employee’s covenants stated above, shall survive termination of the Employee’s employment.

7.              Assignment.    The Company shall be entitled to assign all if its rights and obligations under this agreement to a third party without the prior written consent of the Employee; however, the Employee shall not be entitled to assign his rights and obligations under this agreement without the prior written consent of the Company.

8.              Waiver.  Waiver of a breach of any provision of this agreement shall not operate or be construed as a waiver of any subsequent breach by either party.

9.              Severability.     In the event that any provision of the agreement is declared to be illegal or invalid, only such provision shall be affected. This agreement shall then be construed as if such provision had not been contained herein, and all over provisions not directly dependent thereon shall remain in full force and effect.

10.          Applicable Law; Venue.  This agreement shall be construed and governed in accordance with the substantive laws, and not the law relating to choice of law or conflicts of law, of the State of Ohio. Any suit involving any dispute or matter arising under this agreement or otherwise between the parties may only be brought in the courts of the State of Ohio, Summit County. All parties hereby consent to the exercise of personal jurisdiction by any such court with respect to any such proceeding.

11.          Entire Agreement.  This agreement contains the entire understanding of the parties with respect to the subject matters addressed above. The parties hereby intend all previous negotiations, agreements, inducements, promises, and conditions to be merged into and superseded by the Agreement which represents the entire agreement. It may not be changed orally but only by an agreement in writing signed by the party against whom the enforcement of any waiver, change, modification, extension, or discharge is sought.

IN WITNESS WHEREOF, THIS AGREEMENT was signed by the parties on date and year indicated below.

RSRESOURCES, INC.

Name:  _________________________________

Signature: ______________________________

Date: ___________________________________

EMPLOYEE                                                                       

Name: _________________________________

Signature: ______________________________

Date: ___________________________________  

PUBLICITY/MEDIA WAIVER AND RELEASE

I hereby irrevocably permit, authorize, grant, and license RSResoruces, Inc. dba Employ-Temps Staffing Services (“Employ-Temps”) and its affiliates, successors, and assigns, and their respective licensees, advertising agencies, promotion agencies, and fulfillment agencies, and the employees, officers, directors, and              agents of each and all of them (“Authorized Persons”), the rights to display, publicly perform, exhibit, transmit, broadcast, reproduce, record, photograph, digitize, modify, alter, edit, adapt, create derivative works, exploit, sell, rent, license, otherwise use, and permit others to use my name, image, likeness, appearance, voice, and other personal characteristics, and all materials created by or on behalf of Employ-Temps that incorporate any of the foregoing (“Materials”) in perpetuity throughout the universe in any medium or format whatsoever now existing or hereafter created for any purpose without further consent from or royalty, payment, or other compensation to me.

Employ-Temps shall be the exclusive owner of all rights, including copyright, in the Materials. I hereby irrevocably transfer, assign, and otherwise convey to Employ-Temps my entire right, title, and interest, if any, in and to the Materials and all copyrights and other intellectual property rights in the Materials arising in any jurisdiction throughout the universe in perpetuity, including all registration, renewal, and reversion rights, and the right to sue to enforce such copyrights against infringers. I acknowledge and agree that I have no right to review or approve Materials before they are used by Employ-Temps, and that Employ-Temps has no liability to me for any editing or alteration of the Materials or for any distortion or other effects resulting from Employ-Temps’ editing, alteration, or use of the Materials, or Employ-Temps’ presentation of me. Any credit or other acknowledgment of me, if any, shall be determined by Employ-Temps in its sole discretion.

To the fullest extent permitted by applicable law, I hereby irrevocably waive all legal and equitable rights relating to all liabilities, claims, demands, actions, suits, damages, and expenses, including but not limited to claims for copyright or trademark infringement, infringement of moral rights, libel, defamation, invasion of any rights of privacy (false light, and misappropriation of name or likeness), violation of rights of publicity, physical or emotional injury or distress, or any similar claim or cause of action in tort, contract, or any other legal theory, now known or hereafter known in any jurisdiction throughout the world (collectively,              “Claims”), arising directly or indirectly from the Authorized Persons’ exercise of their rights under this Agreement or the production, exhibition, exploitation, advertising, promotion, or other use of the Materials, and I hereby covenant not to make or bring any such Claim against any Authorized Persons and forever release and discharge the Authorized Persons from liability under such Claims. I understand that Employ-Temps is relying on this Agreement and will incur significant expense in reliance on this Agreement, and I agree that this Agreement cannot be terminated, rescinded, or modified, in whole or in part.

I represent and warrant to Employ-Temps that I am at least eighteen (18) years of age, and I have full right, power, and authority to enter into this Agreement and grant the rights hereunder. I further represent and warrant to Employ-Temps that I will provide only true and correct statements and other information in connection with this Agreement.

RSRESOURCES, INC.

Name:  _________________________________

Signature: ______________________________

Date: ___________________________________

EMPLOYEE                                                                       

Name: _________________________________

Signature: ______________________________

Date: ___________________________________  

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