Contents

General Employment Policies

Introductory Statement

Harassment Discrimination and Retaliation Prevention

Confirmation of Harassment Discrimination and Retaliation Prevention Policy

At-Will Employment Status

Right to Revise

Diversity, Equity and Inclusion


Hiring

Full-Time Employees

Inactive Status

Job Duties

Job Sharing

New Hires

Part-Time Employees

Regular Employees

Temporary Employees


Time Off and Leaves of Absence

Bereavement Leave

Civil Air Patrol Leave

Crime or Abuse Victims' Leave and Accommodation

Crime or Abuse Victims' Leave for Treatment

Extended Medical Leave

FMLA/CFRA

Jury Duty and Witness Leave

Military Leave

Military Spouse Leave

Organ and Bone Marrow Donor Leave

Personal Leave

Pregnancy Disability Leave Five or More Employees

School and Child Care Activities Leave

Sick Leave

School Appearances Involving Suspension

Time Off for Voting

Criminal Judicial Proceedings and Victims' Rights Leave

Volunteer Civil Service Personnel


Benefits

Lactation Accommodation

Paid Family Leave

Workers' Compensation


Management

Names, Addresses, and Personal Information Policy

Open-Door Policy

Performance Evaluations

Personnel Records

Workplace Privacy - Audio/Video Recordings


Company Property

Electronics and Social Media

Employer Property

Guests and Visitors

Housekeeping

Off-Duty Use of Facilities

Parking

Personal Use of Company Cell Phone

Smoking

Solicitation and Distribution of Literature


Employee Conduct

Conducting Personal Business

Confidential Information

Conflicts of Interest

Customer Relations

Dress Codes and Other Personal Standards

Drug and Alcohol Abuse

News Media Contacts

Off-Duty Conduct

Other Employment

Political Activity

Prohibited Cell Phone Use

Prohibited Conduct

Prohibited Use of Company Cell Phone While Driving

Punctuality and Attendance

Personal Packages

Lost and Found


Wages

Pay Day

Payroll Deductions

Advances

Reporting-Time Pay

Deductions for Exempt Employees

Expense Reimbursements

Meal and Rest Periods

Overtime for Nonexempt Employees

Pay for Mandatory Meetings/Training

Timekeeping Requirements

Work Schedules


Safety and Health

Health and Safety

Heat Illness

Recreational Activities and Programs

Security

Workplace Violence


Termination

Employee References

Involuntary Termination and Progressive Discipline

Reductions in Force

Voluntary Resignation

General Employment Policies

Introductory Statement

Welcome! As an employee of El Nayar Entertainment (the "Company"), you are an important member of a team effort. We hope that you will find your position with the Company rewarding, challenging, and productive.

We look to you and the other employees to contribute to the success of the Company.

This employee handbook is intended to explain the terms and conditions of employment of all full- and part-time employees and supervisors.

This handbook summarizes the policies and practices in effect at the time of publication.* This handbook supersedes all previously issued handbooks and any policy or benefit statements or memoranda that are inconsistent with the policies described here.

*In addition to the policies covered in this handbook, El Nayar Entertainment also maintains and incorporates by reference, separate policies and procedures addressing COVID-19 in the workplace.

Please take the time to review the policies in this handbook, as well as El Nayar Entertainment's COVID-19 policies and procedures. Your supervisor or manager will be happy to answer any questions you may have. Again, welcome!

Harassment Discrimination and Retaliation Prevention

El Nayar Entertainment is an equal opportunity employer. El Nayar Entertainment is committed to providing a work environment free of harassment, discrimination, retaliation, and disrespectful or other unprofessional conduct based on:

  • Race
  • Religion (including religious dress and grooming practices)
  • Creed
  • Color
  • Sex/gender (including pregnancy, childbirth, breastfeeding or related medical conditions), sex stereotype, gender identity/gender expression/transgender (including whether or not you are transitioning or have transitioned) and sexual orientation
  • National origin
  • Ancestry
  • Physical or mental disability
  • Medical condition
  • Genetic information/characteristics
  • Marital status/registered domestic partner status
  • Age (40 and over)
  • Sexual orientation
  • Reproductive health decision making
  • Military or veteran status
  • Any other basis protected by federal, state or local law or ordinance or regulation

El Nayar Entertainment also prohibits discrimination, harassment, disrespectful or unprofessional conduct based on the perception that anyone has any of those characteristics, or is associated with a person who has or is perceived as having any of those characteristics.

In addition, the Company prohibits retaliation against individuals who raise complaints of discrimination or harassment or who participate in workplace investigations.

All such conduct violates Company policy.


Harassment Prevention

The Company's policy prohibiting harassment applies to all persons involved in the operation of the Company. The Company prohibits harassment, disrespectful or unprofessional conduct by any employee of the Company, including supervisors, managers and co-workers. The Company's anti-harassment policy also applies to vendors, customers, independent contractors, unpaid interns, volunteers, persons providing services pursuant to a contract and other persons with whom you come into contact while working.

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

  • Verbal conduct such as epithets, derogatory jokes or comments, slurs or unwanted sexual advances, invitations, comments, posts or messages;
  • Visual displays such as derogatory and/or sexually-oriented posters, photography, cartoons, drawings or gestures;
  • Physical conduct including assault, unwanted touching, intentionally blocking normal movement or interfering with work because of sex, race or any other protected basis;
  • Threats and demands to submit to sexual requests or sexual advances as a condition of continued employment, or to avoid some other loss and offers of employment benefits in return for sexual favors;
  • Retaliation for reporting or threatening to report harassment; and
  • Communication via electronic media of any type that includes any conduct that is prohibited by state and/or federal law or by company policy.

Sexual harassment does not need to be motivated by sexual desire to be unlawful or to violate this policy. For example, hostile acts toward an employee because of their gender can amount to sexual harassment, regardless of whether the treatment is motivated by sexual desire.

Prohibited harassment is not just sexual harassment but harassment based on any protected category.


Non-Discrimination

The Company is committed to compliance with all applicable laws providing equal employment opportunities. This commitment applies to all persons involved in Company operations. The Company prohibits unlawful discrimination against any job applicant, employee or unpaid intern by any employee of the Company, including supervisors and coworkers.  This policy applies not only to hiring but also to compensation, benefits, promotions, training, transfers, lay-offs, recalls, and all other conditions and terms of employment.

Pay discrimination between employees of the opposite sex or between employees of another race or ethnicity performing substantially similar work, as defined by the California Fair Pay Act and federal law, is prohibited. Pay differentials may be valid in certain situations defined by law. Employees will not be retaliated against for inquiring about or discussing wages. However, El Nayar Entertainment is not obligated to disclose the wages of other employees.


Anti-Retaliation

The Company will not retaliate against you for filing a complaint or participating in any workplace investigation or complaint process, and will not tolerate or permit retaliation by management, employees or co-workers.


Employment of People with Disabilities

It is the policy of the Company to comply with all applicable federal, State and local laws that forbid discrimination in employment against qualified individuals with disabilities.  To this end, the Company will:

  1. Ensure that qualified individuals with disabilities are treated in a nondiscriminatory manner in the pre-employment process, and that disabled employees are treated in a nondiscriminatory manner for all terms, conditions, and privileges of employment; 
  2. Maintain all medical-related information in a confidential manner in separate confidential files; and 
  3. Afford applicants and employees with disabilities reasonable accommodation, except where making an accommodation would create an undue hardship on the Company.

If you have a disability which requires accommodation in order for you to perform the essential functions of your job, you must provide your supervisor with a written request for such accommodation.  In most cases, you will be required to provide a medical certification.  If you believe you have been improperly denied accommodation, you must submit a written appeal to the General Manager. 


Reasonable Accommodation
 

Discrimination can also include failing to reasonably accommodate religious practices or qualified individuals with disabilities where the accommodation does not pose an undue hardship.

To comply with applicable laws ensuring equal employment opportunities to qualified individuals with a disability, the Company will make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or an employee unless undue hardship would result.

Any job applicant or employee who requires an accommodation in order to perform the essential functions of the job should contact a General Manager and discuss the need for an accommodation. The Company will engage in an interactive process with the employee to identify possible accommodations, if any, that will help the applicant or employee perform the job. An applicant, employee or unpaid intern who requires an accommodation of a religious belief or practice (including religious dress and grooming practices, such as religious clothing or hairstyles) should also contact a General Manager and discuss the need for an accommodation. If the accommodation is reasonable and will not impose an undue hardship, the Company will make the accommodation.

The Company will not retaliate against you for requesting a reasonable accommodation and will not knowingly tolerate or permit retaliation by management, employees or co-workers.


Complaint Process

If you believe that you have been the subject of harassment, discrimination, retaliation or other prohibited conduct, bring your complaint to your supervisor or to the office manager, or company manager as soon as possible after the incident. You can bring your complaint to any of these individuals. If you need assistance with your complaint, or if you prefer to make a complaint in person, contact the General Manager. Please provide all known details of the incident or incidents, names of individuals involved and names of any witnesses. It would be best to communicate your complaint in writing, but it is not mandatory.

The Company encourages all individuals to report any incidents of harassment, discrimination, retaliation or other prohibited conduct forbidden by this policy immediately so that complaints can be quickly and fairly resolved.

You also should be aware that the Federal Equal Employment Opportunity Commission and the California Department of Fair Employment and Housing investigate and prosecute complaints of

prohibited harassment, discrimination and retaliation in employment. If you think you have been harassed or discriminated against or that you have been retaliated against for resisting, complaining or participating in an investigation, you may file a complaint with the appropriate agency. The nearest office can be found by visiting the agency websites at www.dfeh.ca.gov and www.eeoc.gov.

Supervisors must refer all complaints involving harassment, discrimination, retaliation or other prohibited conduct to the General Manager of the Company so the Company can try to resolve the complaint.

When the Company receives allegations of misconduct, it will immediately undertake a fair, timely, thorough and objective investigation of the allegations in accordance with all legal requirements. The Company will reach reasonable conclusions based on the evidence collected.

The Company will maintain confidentiality to the extent possible. However, the Company cannot promise complete confidentiality. The employer's duty to investigate and take corrective action may require the disclosure of information to individuals with a need to know.

Complaints will be:

  • Responded to in a timely manner
  • Kept confidential to the extent possible
  • Investigated impartially by qualified personnel in a timely manner
  • Documented and tracked for reasonable progress
  • Given appropriate options for remedial action and resolution
  • Closed in a timely manner

If the Company determines that harassment, discrimination, retaliation or other prohibited conduct has occurred; appropriate and effective corrective and remedial action will be taken in accordance with the circumstances involved. The Company will also take appropriate action to deter future misconduct.

Any employee determined by the Company to have engaged in harassment, discrimination, retaliation or other prohibited conduct will be subject to appropriate disciplinary action, up to, and including termination. Employees should also know that if they engage in unlawful harassment, they can be held personally liable for the misconduct.

Any adult employees with direct contact and supervision of minor employees in the workplace are mandated reporters who are trained in child abuse and neglect identification.

Contact your supervisor, or General Manager with any questions for more information.

Confirmation of Harassment Discrimination and Retaliation Prevention Policy

I have received my copy of the Company's Harassment, Discrimination and Retaliation Prevention policy. I understand and agree that it is my responsibility to read, sign, and familiarize myself with this policy.

I understand that the Company is committed to providing a work environment that is free from harassment, discrimination and retaliation. My signature certifies that I understand that I must conform to and abide by the rules and requirements described in this policy.

Click here to sign the Company's Harassment, Discrimination and Retaliation Prevention policy.

At-Will Employment Status

Employees at El Nayar Entertainment personnel are employed on an at-will basis. This means that the employment relationship may be terminated at any time with or without reason or advance notice by either the employee or the Company. Nothing in this handbook limits the right to terminate at-will employment.

No employee or representative of the Company has any authority to enter into an agreement for employment for any specified period of time or to make an agreement for employment on other than at-will terms. Only the President of El Nayar Entertainment has the authority to make any such agreement, which is binding only if it is in writing.

Nothing in this at-will statement is intended to interfere with an employee's rights to communicate or work with others toward altering the terms and conditions of their employment, such as communications regarding wages, scheduling or other terms of employment.

Right to Revise

This employee handbook contains the employment policies and practices of El Nayar Entertainment in effect at the time of publication. All previously issued handbooks and any inconsistent policy statements or memoranda are superseded.

El Nayar Entertainment reserves the right to revise, modify, delete, or add to any and all policies, procedures, work rules, or benefits stated in this handbook at any time, except for the policy of at-will employment.

Any written changes to this handbook will be distributed to all employees so that you will be aware of any new policies or procedures. No oral statements or representations can in any way alter the provisions of this handbook.

This handbook contains the entire agreement between you and El Nayar Entertainment as to the duration of employment and the circumstances under which employment may be terminated. Nothing in this employee handbook or any other personnel document, including benefit plan descriptions, creates or is intended to create a promise or representation of continued employment for any employee.

Nothing in this statement is intended to interfere with your right to communicate or work with others toward altering the terms and conditions of your employment, such as communications regarding wages, scheduling or other terms or conditions of employment.

Diversity, Equity and Inclusion

El Nayar Entertainment is committed to fostering a diverse workforce, and maintaining a workplace that is equitable, inclusive and safe for all employees. From recruiting practices, to pay and benefits, promotions, and all other aspects of employment with us, an environment of equity is of the utmost importance.

We not only recognize that you, our employees, comprise a wide range of backgrounds and characteristics, but we believe those differences should be celebrated and valued. Whether it's race, religion, creed, sex, gender, national origin, ancestry, color, language, age, marital status, sexual orientation, gender identity, gender expression, physical or mental disability, medical condition, genetic information/characteristics, veteran status, political affiliation or any other characteristic, these are parts of each of you that contribute to your experiences as humans, and ultimately to the knowledge and expertise that make you a valuable asset to the Company.

El Nayar Entertainment is committed and determined that there is access, opportunity and advancement for all individuals. We are always looking for ways in which we can cultivate an inclusive work environment, strengthen our cultural competency, and train our managers and employees to provide opportunities for growth and development.

It is our intention that all our employees, regardless of any particular background or characteristic, are always treated with respect and dignity. Likewise, we expect that as our employees, you treat your coworkers, supervisors and other team members with the same dignity and respect at all times.

Disrespect, inappropriate behavior or conduct toward others will not be tolerated and may subject an employee to disciplinary action, up to and including termination.

If you feel you have been mistreated, harassed, or discriminated or retaliated against in violation of the Company's Harassment, Discrimination and Retaliation Prevention policy, please contact your supervisor or General Manager.

Hiring

Full-Time Employees

Regular full-time employees are those who are scheduled for and do work 40 hours per week.

Inactive Status

Employees who are on any type of leave of absence, work-related or non-work-related, that exceeds any protected state, federal or local leave of absence will be placed on inactive status.

Health Benefits Extension 

Contact the General Manager for more information.

Job Duties

During the introductory period, your supervisor will explain your job responsibilities and the performance standards expected of you. Please keep in mind that your job responsibilities may change at any time during your employment. From time to time, you may be asked to work on special projects, or to assist with other work necessary or important to the operation of your department or El Nayar Entertainment. Your cooperation and assistance in performing such additional work is expected.

El Nayar Entertainment reserves the right, at any time, with or without notice, to alter or change job responsibilities, reassign or transfer job positions, or assign additional job responsibilities.

Job Sharing

Job-sharing is defined as two part-time employees assigned to share the duties and responsibilities of a full-time job position. El Nayar Entertainment will support job sharing where reasonable and practical and where Company operational and business needs will not be negatively affected. In order for job sharing to work, the two individuals work as a team to accomplish one full-time position's duties, communicate effectively, and ensure continuity of work.

The General Manager is responsible for identifying if a job sharing arrangement is workable within their department. The General Manager must assess the impact and outcome in terms of production, quality and absenteeism, and whether job sharing is in the best interests of the Company and employees. The General Manager must also assess the overall feasibility of the job sharing arrangement. Any job sharing arrangement must receive final approval from both the General Manager and the General Manager. The decision as to whether to allow a job sharing arrangement is within the discretion of the Company and some jobs may be unsuitable for job sharing.

The exact details of the job share arrangement will be decided by and implemented by the manager and General Manager to ensure that operational needs are met.

Examples of job sharing arrangements are as follows:

  • Split days -- one partner working the first half of the shift and the other partner working the second half.
  • Split weeks -- one partner working the first 2.5 days (e.g., Monday to Wednesday morning) and the other partner working the remaining 2.5 days (e.g., Wednesday afternoon to Friday)
  • Two days one week and three days the next, with the job sharers alternating to work the extra day.
  • Alternate weeks -- one partner works one week, the next partner works the following week.

Job sharers must have a strong commitment to the job and to making the job sharing arrangement work. Job sharers must ensure that there is a workable communication system in place so that supervisors, co-workers, customers and/or clients can expect to communicate with both job sharers via the person on duty at the time.

Job sharing will affect your eligibility for certain benefits. Please contact the General Manager for specific details. The General Manager has the general responsibility of overseeing the day-to-day implementation of this job sharing policy in accordance with payroll and legal requirements.

If a job sharing position is approved, your position is part of a full time position which has been divided under a job sharing arrangement. Should your job share co-worker resign or transfer, your General Manager and the General Manager, will assess the needs of the Company and determine a course of action. The following are potential options:

  • Convert the remaining job sharing co-worker to a full time 40-hour work week position.
  • Advertise the position as a part-time job share. In the event that the position cannot be filled, the position will revert to a full-time position with the requirement that the remaining co-worker assume the full-time requirements of the position, including the 40-hour work week.
  • Adjust the work schedule of the remaining job co-worker to meet office needs.
  • Allow the remaining job share co-worker to continue working the part-time schedule.

Job sharing arrangements will be continually evaluated and can be discontinued at any time. An approved job share agreement does not change or alter the at-will nature of the employee's employment with the Company. Employment at-will means that the employment relationship may be terminated, with or without cause and with or without advance notice at any time by the employee or the Company.

New Hires

The first 90 days of continuous employment at El Nayar Entertainment is considered an introductory period. During this time, you will learn your responsibilities, get acquainted with co-workers and determine whether or not you are happy with your job. Your supervisor will closely monitor your performance.

Completion of the introductory period does not entitle you to remain employed by El Nayar Entertainment for any definite period of time. Your status as an at-will employee does not change. The employment relationship may be terminated with or without cause and with or without advance notice, at any time by you or the Company.

Part-Time Employees

Part-time employees are those who are scheduled for and do work fewer than 40 hours per week, but not fewer than 20 hours. Part-time employees are eligible for the following El Nayar Entertainment benefits:

  • No additional employee benefits.

Regular Employees

Regular employees are those who are hired to work on a regular schedule. Regular employees may be classified as full-time or part-time.

Temporary Employees

Temporary employees are those employed for short-term assignments. Short-term assignments generally are periods of three months or fewer; however, such assignments may be extended. Temporary employees are not eligible for employee benefits except those mandated by applicable law.

Time Off and Leaves of Absence

Bereavement Leave

El Nayar Entertainment grants time off to eligible employees in the event of the death of a "family member."

To be eligible for bereavement leave, you must be employed for at least 30 days prior to starting leave.

If you are eligible and experience the death of a family member, you may take up to five days of bereavement leave.

For purposes of this policy, a family member is a:

  • Spouse
  • Domestic Partner
  • Child
  • Parent
  • Parent-in-law
  • Sibling
  • Grandparent
  • Grandchild

The days of bereavement leave do not need to be taken consecutively, however, you must complete your bereavement leave within three months of your family member's death, at which time any remaining unused bereavement leave will expire.

Bereavement leave is unpaid; however, you may choose to use previously accrued paid leave time available to you.

You must provide documentation to support the need for bereavement leave, which may include a death certificate; a published obituary; or a verification of death, burial or memorial services from a mortuary, funeral home, burial society, crematorium, religious institution or government agency.

El Nayar Entertainment may, at its discretion, approve additional unpaid time off.

Civil Air Patrol Leave

No employee with more than 90 days of service shall be disciplined for taking time off to perform emergency duty as a volunteer in the California Civil Air Patrol. If you are a Civil Air Patrol volunteer, please alert your supervisor that you may have to take time off for emergency duty.

When taking time off for emergency duty, please alert your supervisor before doing so, giving as much advance notice as possible.

Up to 10 days of leave for duty may be taken each year. However, leave for a single emergency mission cannot exceed three days, unless the emergency is extended by the entity in charge of the operation and the extension of leave is approved by the Company.

Crime or Abuse Victims' Leave and Accommodation

If you are the victim of crime or abuse, you are eligible for unpaid leave. While the leave is generally unpaid, employees can use their paid sick time under California's Healthy Workplaces, Healthy Families Act for the purposes described below.

You are considered a victim of crime or abuse who is eligible for unpaid leave if you are:

  • A victim of stalking, domestic violence, or sexual assault;
  • A victim of a crime that caused physical injury or that caused mental injury and a threat of physical injury;
  • A person whose immediate family member is deceased as a result of a crime. 

"Immediate family member" includes:

  • Regardless of age, your biological, adoptive, or foster child, stepchild, or legal ward, a child of a registered domestic partner, a child to whom you stand in loco parentis, or a person to whom you stood in loco parentis when the person was a minor;
  • Your biological, adoptive, or foster parent, stepparent, or legal guardian or that of your spouse or registered domestic partner, or a person who stood in loco parentis when you or your spouse or registered domestic partner was a minor child;
  • Your legal spouse or registered domestic partner;
  • Your biological, foster, or adoptive sibling, a stepsibling, or half-sibling; or
  • Any other individual whose close association with you is the equivalent of a family relationship described in any of the bullets above.
  • Any person against whom any crime has been committed (only for purposes of taking time off to appear in court to comply with a subpoena or other court order as a witness in any judicial proceeding).

You may request leave if you are involved in a legal action, such as obtaining restraining orders, or appearing in court to obtain relief to ensure your or your child's health, safety, or welfare.  

Please provide reasonable advance notice of the need for leave, unless advance notice is not feasible. Contact the General Manager.

If you need reasonable accommodation for your safety at work, contact the General Manager. If you are requesting reasonable accommodation, you will need to submit a written statement signed by you, or by an individual acting on your behalf, certifying that the accommodation is for the purpose of your safety at work.

For reasonable accommodation requests, the Company will also require certification demonstrating that you are the victim of crime or abuse. The Company may request recertification every six months. Please notify the Company if an approved accommodation is no longer needed.

The Company will engage in an interactive process with you to identify possible accommodations, if any, that are effective and will make reasonable accommodations unless an undue hardship will result.

El Nayar Entertainment will, to the extent allowed by law, maintain the confidentiality of an employee requesting leave or accommodation under these provisions.

Crime or Abuse Victims' Leave for Treatment

If you are the victim of crime or abuse, you are eligible for unpaid leave. While the leave is generally unpaid, employees can use their paid sick time under California's Healthy Workplaces, Healthy Families Act for the purposes described below.

You are considered a victim of crime or abuse who is eligible for unpaid leave if you are:

  • A victim of stalking, domestic violence, or sexual assault;
  • A victim of a crime that caused physical injury or that caused mental injury and a threat of physical injury; or
  • A person whose immediate family member is deceased as a result of a crime. 

"Immediate family member" includes:

  • Regardless of age, your biological, adoptive, or foster child, stepchild, or legal ward, a child of a registered domestic partner, a child to whom you stand in loco parentis, or a person to whom you stood in loco parentis when the person was a minor;
  • Your biological, adoptive, or foster parent, stepparent, or legal guardian or that of your spouse or registered domestic partner, or a person who stood in loco parentis when you or your spouse or registered domestic partner was a minor child;
  • Your legal spouse or registered domestic partner;
  • Your biological, foster, or adoptive sibling, a stepsibling, or half-sibling; or
  • Any other individual whose close association with you is the equivalent of a family relationship described in any of the bullets above.

You may request leave for any of the following purposes:

  • To seek medical attention for injuries caused by crime or abuse;
  • To obtain services from a domestic violence shelter, program, rape crisis center, or victim services organization or agency as a result of the crime or abuse;
  • To obtain psychological counseling or mental health services related to experiencing crime or abuse;
  • To participate in safety planning and take other actions to increase safety from future crime or abuse, including temporary or permanent relocation.

Please provide reasonable advance notice of the need for leave unless advance notice is not feasible. Contact General Manager.

El Nayar Entertainment will, to the extent allowed by law, maintain the confidentiality of an employee requesting leave under this provision.

Extended Medical Leave

On occasion, an employee may need a medical leave of absence that extends beyond limits under any state or federal mandatory leave law. In addition, there may be circumstances when an employee needs a medical leave allowed under disability laws and in accordance with this policy.

In these situations, an extended medical leave of absence may be granted for medical disabilities (other than pregnancy, childbirth, and related medical conditions) with a doctor's written certificate of disability. Extended disability leaves will also be considered on a

case-by-case basis, consistent with the Company's obligations under federal and state disability laws.

Employees should request any leave in writing and as far in advance as possible.

Medical leave begins on the first day your doctor certifies that you are unable to work, and ends when your doctor certifies that you are able to return to work. Your supervisor will provide you with a form for your doctor to complete, showing the date you were disabled and the estimated date you will be able to return to work. When returning from a medical disability leave, you must present a doctor's certificate declaring fitness to return to work.

Upon return from medical leave, you will be offered the same position you held at the time your leave began, if available. If your former position is not available, a comparable position will be offered. If neither the same nor a comparable position is available, your return to work will depend on job openings existing at the time of your scheduled return. El Nayar Entertainment makes no guarantees of reinstatement, and your return will depend on your qualifications for existing openings. El Nayar Entertainment will comply with any reinstatement obligations under state or federal law.

California workers' compensation laws govern work-related injuries and illnesses. California pregnancy disability laws govern leaves taken because of pregnancy, childbirth, and related medical conditions.

An employee that needs reasonable accommodations should contact General Manager and discuss the need for an accommodation.

FMLA/CFRA

The Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provides up to 12 workweeks of unpaid family/medical leave within a 12-month period (“CFRA Leave” herein), under the following conditions:

  • You have been employed with the Company for a total of at least 12 months prior to the commencement of leave. The 12 months of employment must have accumulated within the previous seven years (certain exceptions apply); and
  • You have worked at least 1,250 hours during the previous 12-month period before the need for leave*.

*Special hours of service eligibility requirements apply to airline flight crew employees.

Leave may be taken for one or more of the following reasons:

  • Your serious health condition that makes you unable to perform your job;
  • To care for your family member who has a serious health condition. For purposes of CFRA leave, a "family member" includes your:
    • Spouse;
    • Parent;
    • Child of any age;
    • Registered domestic partner;
    • Grandparent;
    • Grandchild;
    • Sibling;
    • Parent-in-law;
    • "Designated person." This is someone else with a blood or family-like relationship with you. You may identify this individual at the time you request leave. You are limited to one designated person per 12-month period for purposes of CFRA leave.
  • The birth of your child, or placement of a child with you for adoption or foster care;
  • Because of a qualifying exigency related to covered active duty or a call to covered active duty of your spouse, registered domestic partner, child, or parent in the Armed Forces of the United States. (See Qualifying Exigencies Related to Active Duty below.)

Please note that incapacity due to pregnancy, prenatal medical care or childbirth is not an eligible reason for CFRA leave. (See the Pregnancy Disability Leave Policy for more information).

For additional information about eligibility for CFRA leave, contact the General Manager.

Qualifying Exigencies Related to Active Duty

Eligible employees whose spouse, domestic partner, child or parent is on covered active duty or call to covered active duty status may use their 12-week leave entitlement for certain qualifying exigencies. Qualifying exigencies may include, but are not necessarily limited to, attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings.

Calculating the 12-month Period

For purposes of calculating the 12-month period during which 12 weeks of CFRA leave may be taken, El Nayar Entertainment uses Calendar year.

Pregnancy, Childbirth or Related Conditions and Baby Bonding

Leave because of a disability for pregnancy, childbirth or related medical condition is not counted as time used under CFRA leave. Employees who take time off for pregnancy disability will be placed on pregnancy disability leave (PDL). (See Pregnancy Disability Leave policy for more information.)

Once the pregnant employee is no longer disabled, or once the employee has given birth and exhausted PDL, the employee may apply for leave under the CFRA, for purposes of baby bonding.

Any leave taken for the birth, adoption, or foster care placement of a child does not have to be taken in one continuous period of time. CFRA leave taken for the birth or placement of a child will be granted in minimum amounts of two weeks. However, the Company will grant a request for a CFRA leave (for birth/placement of a child) of less than two weeks' duration on any two occasions. The Company may also grant additional requests for leave lasting less than two weeks at its discretion. Any leave taken must be concluded within one year of the birth or placement of the child with the employee.

Leave Procedures

The following procedures shall apply to CFRA leave:

  • Please contact the General Manager as soon as you realize the need for family/medical leave. If the leave is based on the expected birth, placement for adoption or foster care, or planned medical treatment for your serious health condition or that of a family member, you must notify the Company at least 30 days before leave is to begin. You must consult with your supervisor regarding scheduling of any planned medical treatment or supervision in order to minimize disruption to the operations of the Company. Any such scheduling is subject to the approval of your health care provider or the health care provider of your family member.
  • If you cannot provide 30 days' notice, the Company must be informed as soon as is practical.
  • If the CFRA request is made because of your own serious health condition, the Company may require, at its expense, a second opinion from a health care provider that the Company chooses. The health care provider designated to give a second opinion will not be one who is employed on a regular basis by the Company.
  • If the second opinion differs from the first opinion, the Company may require you, at the Company's expense, to obtain the opinion of a third health care provider designated or approved jointly by you and the employer. The opinion of the third health care provider shall be considered final and binding on you and the Company.

Certification

El Nayar Entertainment requires you to provide certification. You will have 15 calendar days from the Company's request for certification to provide it to the Company, unless it is not practical to do so. The Company may require recertification from the health care provider if you request additional leave upon expiration of the time period in the original certification. (For example, if you need two weeks of family and medical leave, but following the two weeks you need intermittent leave, a new medical certification will be requested and required.) If you do not provide medical certification in a timely manner to substantiate the need for family and medical leave, the Company may delay approval of the leave, or continuation thereof, until certification is received. If certification is never received, the leave may not be considered CFRA leave.

If the leave is needed to care for a sick family member, you must provide a certification from the health care provider stating:

  • Date of commencement of the serious health condition;
  • Probable duration of the condition;
  • Estimated amount of time for care by the health care provider; and
  • Confirmation that the serious health condition warrants your participation.

If your serious health condition is the reason for leave, you must provide a certification from the health care provider stating:

  • Date of commencement of the serious health condition;
  • Probable duration of the condition; and
  • Your inability to work at all or to perform any one or more of the essential functions of your position because of the serious health condition.

If you are on leave because of your own serious health condition, the Company will also require a medical release to return to work form or certification from your health care provider that you are able to resume work.

Failure to provide a release to return to work from your health care provider may result in denial of reinstatement until the certificate is obtained.

Leave Related to Military Service

A leave taken due to a "qualifying exigency" related to military service must be supported by a certification of its necessity. Special certification requirements apply to leaves related to military service.

Health and Benefit Plans

If you are taking CFRA leave, you will be allowed to continue participating in any health and welfare benefit plans in which you were enrolled in before the first day of the leave (for a maximum of 12 workweeks) at the level and under the conditions of coverage as if you had continued in employment for the duration of such leave. The Company will continue to make the same premium contribution as if you had continued working. The continued participation in health benefits begins on the date leave first begins. In some instances, the Company may recover premiums paid to maintain health coverage if you fail to return to work following CFRA leave.

Employees on pregnancy disability leave will be allowed to continue to participate in group health coverage for up to a maximum of four months of pregnancy disability leave (if such insurance was provided before the leave was taken) on the same terms as if you had continued to work. The right to continued group health coverage during pregnancy disability leave is a separate and distinct entitlement from the CFRA entitlement.

Payment is to be made.

Substitution of Paid Leave

Generally, CFRA leave is unpaid. The Company may require, or you may choose, to use accrued paid leave while taking CFRA leave. In order to use paid leave for CFRA leave, you must comply with the Company's normal paid leave policies. For more information on those specific circumstances requiring or allowing the substitution of paid leave contact the General Manager.

Reinstatement

Under most circumstances, upon return from CFRA leave, you will be reinstated to your original job or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions. However, an employee has no greater right to reinstatement than if the employee had been continuously employed rather than on leave. For example, if an employee on CFRA leave would have been laid off had the employee not gone on leave, or if the employee's job is eliminated during the leave and no equivalent or comparable job is available, then the employee would not be entitled to reinstatement. In addition, an employee's use of CFRA leave will not result in the loss of any employment benefit that the employee earned before using CFRA leave.

Time Accrual

Please contact the General Manager with any questions regarding accrual of other Company provided paid leave benefits (such as vacation, PTO or sick leave) during unpaid CFRA leave.

Carryover

Leave granted under any of the reasons provided by CFRA and/or FMLA will be counted as family/medical leave and will be considered as part of the 12-workweek entitlement in any

12-month period. No carryover of unused leave from one 12-month period to the next 12-month period is permitted.

Intermittent Leave

You may take CFRA leave intermittently (in blocks of time, or by reducing your normal weekly or daily work schedule) if the leave is for your serious health condition or that of a qualifying family member and the reduced leave schedule is medically necessary as determined by the health care provider of the person with the serious health condition. The smallest increment of time that can be used for such leave is 20 minutes.

See also the discussion of Pregnancy, Childbirth or Related Conditions and Baby Bonding above.

Jury Duty and Witness Leave

El Nayar Entertainment encourages employees to serve on jury duty when called. Non-exempt employees who have completed their introductory periods will receive full pay while serving up to 0 days of jury duty. Exempt employees will receive full salary unless they are absent for a full week and perform no work. You should notify your supervisor of the need for time off for jury duty as soon as a notice or summons from the court is received. You may be requested to provide written verification from the court clerk of performance of jury service. If work time remains after any day of jury selection or jury duty, you will be expected to return to work for the remainder of your work schedule and to report for work when it does not conflict with your court obligations.  It is your responsibility to communicate regularly with your supervisor regarding court duty status, and to provide a certificate of completion.

Under some circumstances and because of limited staffing, your supervisor may determine that it is not in the best interests of the Company to have an employee out on jury duty.  Your supervisor may have a discussion with you to consider exercising the one postponement of service allowed under current California law.  

The Company will also grant unpaid time off for mandatory court appearances as a witness, when the employee is required to appear as a result of a court order or subpoena.  A copy of the court order or subpoena must be supplied to the General Manager when requesting time off.

Fees Paid by the Court

You may retain any mileage allowance or other fee paid by the court for jury services.

Military Leave

Employees who wish to serve in the military and take military leave should contact the General Manager for information about their rights before and after such leave. You are entitled to reinstatement with full seniority benefits upon completion of military service, provided you return or apply for reinstatement within the time allowed by law.  Employees seeking military leave must bring their military service orders to the General Manager for review of their individual situation prior to commencement of the leave.

Military Spouse Leave

Employees who work more than 20 hours per week and have a spouse or registered domestic partner in the Armed Forces, National Guard or Reserves who have been deployed during a period of military conflict are eligible for up to 10 unpaid days off when their spouse is on leave from (not returning from) military deployment.

You must request this leave in writing to the General Manager within two business days of receiving official notice that your spouse will be on leave. You must attach to the leave request written documentation certifying that your spouse will be on leave from deployment.

Organ and Bone Marrow Donor Leave

Employees who are donors for organ or bone marrow may take time off as follows:

  • You must be employed for at least a 90-day period immediately before the beginning of leave.
  • You may take up to 30 business days of paid leave, and up to an additional 30 business days of unpaid leave in any one-year period for the purpose of donating an organ to another person. The one-year period is calculated from the date the employee begins their leave.
  • You may take up to 5 business days of leave in any one-year period for the purpose of donating bone marrow to another person. The one-year period is calculated from the date the employee's leave begins.
  • During the leave for organ/bone marrow donors, El Nayar Entertainment will continue to provide and pay for any group health plan benefits the employee was enrolled in prior to the leave of absence.
  • Leave taken for the purpose of organ or bone marrow donation is not leave for the purpose of family medical leave under the federal Family and Medical Leave Act or the state California Family Rights Act.

Employees who wish to take a leave of absence to donate bone marrow or an organ will be required to provide written verification of the need for leave, including confirmation that the employee is an organ or bone marrow donor and that there is a medical necessity for the donation of the organ or bone marrow.

El Nayar Entertainment requires that employees taking leave for organ donation use two weeks of accrued but unused sick leave, PTO and/or vacation.

El Nayar Entertainment requires that employees taking leave for bone marrow donation use five days of accrued but unused sick leave, PTO and/or vacation.

Once a Donor has exhausted the required paid sick, PTO and/or vacation leave, the employee will be paid for the remaining leave of absence, if additional leave is needed, up to the maximum allowed by law.

Personal Leave

A personal leave of absence without pay may be granted at the discretion of El Nayar Entertainment. Requests for personal leave should be limited to unusual circumstances requiring an absence of longer than six weeks. Approved personal absences of shorter duration are not normally treated as leaves, but rather as excused absences without pay.

Pregnancy Disability Leave Five or More Employees

If you are pregnant, have a related medical condition, or are recovering from childbirth, please review this policy. Any employee planning to take pregnancy disability leave (PDL) should advise the personnel department as early as possible. Please make an appointment with the personnel manager to discuss the following conditions:

  • The length of pregnancy disability leave will be determined by the advice of your physician, but employees disabled by pregnancy may take up to four months of leave per pregnancy (the working days you normally would work in one-third of a year or 17 1/3 weeks). Part-time employees are entitled to leave on a pro rata basis. The four months of leave includes any period of time for actual disability caused by your pregnancy, childbirth, or related medical condition. This includes leave for severe morning sickness and for prenatal care, doctor-ordered bed rest, as well as other reasons. Your healthcare provider determines how much time you need for your disability;
  • El Nayar Entertainment will also reasonably accommodate medical needs related to pregnancy, childbirth, or related conditions or temporarily transfer you to a less strenuous or hazardous position (where one is available) or duties if medically needed because of your pregnancy;
  • If you need to take PDL, you must inform El Nayar Entertainment when a leave is expected to begin and how long it will likely last. If the need for a leave, reasonable accommodation, or transfer is foreseeable (such as the expected birth of a child or a planned medical treatment for yourself), you must provide at least 30 days advance notice before the PDL or transfer is to begin. Consult with the personnel manager regarding the scheduling of any planned medical treatment or supervision in order to minimize disruption to the operations of the Company. Any such scheduling is subject to the approval of the your health care provider;
  • For emergencies or events that are unforeseeable, we need you to notify the Company, at least verbally, as soon as practical after you learn of the need for the leave;
  • Failure to comply with these notice requirements may result in delay of PDL, reasonable accommodation, or transfer;
  • Pregnancy leave usually begins when ordered by your healthcare provider. You must provide El Nayar Entertainment with a written certification from a health care provider for need of PDL, reasonable accommodation or transfer. The certification must be returned no later than 15 calendar days after it is requested by the Company. Failure to do so may, in some circumstances, delay PDL, reasonable accommodation or transfer. Please see the personnel department for a medical certification form to give to your health care provider;
  • Leave returns will be allowed only when the your health care provider sends a release;
  • You are allowed to use accrued sick time (if otherwise eligible to take the time) during PDL. You are allowed to use accrued vacation or personal time (if otherwise eligible to take the time) during PDL; and
  • Leave does not need to be taken in one continuous period of time and may be taken intermittently, as needed. Leave may be taken in increments of 15 min..

If intermittent leave or leave on a reduced work schedule is medically advisable you may, in some instances, be required to transfer temporarily to an available alternative position that meets your needs. The alternative position does not need to have equivalent job duties, but must have the equivalent rate of pay and benefits, and you must be qualified for the position. The position must better accommodate your leave requirements than your regular job. Transfer to an alternative position can include altering an existing job to better accommodate your need for intermittent leave or a reduced work schedule.

When your healthcare provider releases you to return to work, from PDL, you will be reinstated to your same position held at the time the leave began or, in certain instances, to a comparable position, if available. If an employee’s former position is not available, a substantially similar position will be offered unless there is no substantially similar position available, or the employee’s filling the available position would substantially undermine the Company’s ability to operate safely and efficiently, or she is not capable of performing the essential functions of the job. If neither the same, nor a comparable position is available, the employee’s return to work will depend on job openings existing at the time of their scheduled return. There are no guarantees of reinstatement and the employee’s return will depend on their qualification for existing openings.  An employee returning from a pregnancy disability leave has no greater right to reinstatement than if the employee had been continuously employed.

If you are on PDL, you will be allowed to continue to participate in group health insurance coverage for up to a maximum of four months of disability leave (if such insurance was provided before the leave was taken) at the level and under the conditions that coverage would have been provided if you had continued in employment continuously for the duration of the leave. If, however, the employee fails to return to employment after the authorized period of the leave has expired, and that failure is for reasons other than the continuation, recurrence or onset of a serious health condition or other circumstances beyond the employee’s control, the company may require that the employee reimburse the company for the costs of maintaining their group health care coverage’s in effect during the period of the leave.  An employee returning from leave shall return with no less seniority than she had accrued up to the time that the leave commenced.  Seniority and related benefits, such as vacation, shall not accrue during the period of the leave. Please contact the personnel department for more information.

School and Child Care Activities Leave

Employees are encouraged to participate in the school or child care activities of their child(ren). The absence is subject to all of the following conditions:

  • Time off under this policy can only be used by parents, guardians, grandparents, stepparents, foster parents or a person who stands in loco parentis to one or more children of the age to attend kindergarten through grade 12 or who are with a licensed childcare provider;
  • The amount of time off for school or child care activities described below cannot exceed a total of 40 hours each year;
  • You can use the time off to find, enroll or reenroll a child in a school or with a licensed child care provider or to participate in activities of the child's school or licensed child care provider. The time off for these purposes cannot exceed eight hours in any calendar month. You must provide reasonable advance notice to your supervisor before taking the time off;
  • You can also use time off to address a "child care provider or school emergency" if you give notice to the Company. A "child care provider or school emergency" means that your child cannot remain in a school or with a child care provider due to one of the following:
  • The school or child care provider has requested that your child be picked up, or has an attendance policy (excluding planned holidays) that prohibits your child from attending or requires your child to be picked up from the school or child care provider;
  • Behavioral or discipline problems;
  • Closure or unexpected unavailability of the school or child care provider, excluding planned holidays; or
  • A natural disaster, including, but not limited to, fire, earthquake or flood.
  • If more than one parent is employed by El Nayar Entertainment, the first employee to request such leave will receive the time off. Another parent will receive the time off only if the leave is approved by their supervisor;
  • You must use vacation leave in order to receive compensation for this time off; and
  • If you do not have paid time off available, you will take the time off without pay.

Sick Leave

California provides for mandatory paid sick leave under the Healthy Workplaces, Healthy Families Act (the "Act"). This paid sick leave policy is intended to comply with the requirements of the Act.

You cannot be discriminated or retaliated against for requesting or using accrued paid sick time. If you have any questions about paid sick leave, please contact the General Manager.

Eligible Employees

All employees who have worked in California for the same employer for 30 or more days within a year from the start of their employment will be entitled to paid sick time.

However, employees are not eligible to take paid sick time until they have worked for the Company for 90-days from their date of hire.

Sick Pay Amount

Eligible employees will receive sick leave as follows:

Eligible employees earn sick leave at the rate of one hour of paid sick time for every 30 hours worked

You will need to meet the 90 day employment requirement before taking any leave.

Exempt employees are presumed to work 40 hours per workweek for purposes of sick time accrual. If their normal workweek is less than 40 hours, accrual will be based on their normal workweek.

The Company does not pay employees for unused paid sick leave. Employees who are rehired with one year of separation from employment may be eligible for reinstatement of previously accrued and unused paid sick time.

Employees may earn a maximum of 48 hours paid sick time. After you have reached this maximum amount, no additional paid sick time will be earned until some or all of your accrued paid sick time is used.

The maximum amount of paid sick time you are allowed to use in each calendar year period is five days or 40 hours, regardless of how much paid sick time you have earned.

Qualifying Reasons for Paid Sick Leave

Paid sick time can be used for the following reasons:

  • Diagnosis, care or treatment of an existing health condition for an employee or covered family member, as defined below.
  • Preventive care for an employee or an employee's covered family member. Preventive care may include self-quarantine as a result of potential exposure to COVID-19 if quarantine is recommended by civil authorities, or other situations, such as where there has been exposure to COVID-19 or where an employee has traveled to a high risk area.
  • For certain, specified purposes when the employee is a victim of crime or abuse.

For purposes of paid sick leave, a covered "family member" includes:

  • A "child" defined as a biological, foster or adopted child; a stepchild; or a legal ward, regardless of the age or dependency status of the child. A "child" also may be someone for whom you have accepted the duties and responsibilities of raising, even if they are not your legal child.
  • A "parent," defined as a biological, foster or adoptive parent; a stepparent; or a legal guardian of an employee or the employee's spouse or registered domestic partner. A parent may also be someone who accepted the duties and responsibilities of raising you when you were a minor child, even if they are not your legal parent.
  • A spouse.
  • A registered domestic partner.
  • A grandparent.
  • A grandchild.
  • A sibling.
  • A "designated person." A designated person any individual you identify at the time you request paid sick leave. You are limited to one designated person per 12-month period for purposes of paid sick leave.
  •  

Use of Paid Sick Leave

If the need for paid sick leave is foreseeable, you must provide advance oral or written notification to the General Manager. If the need for paid sick leave is not foreseeable, provide notice to the General Manager as soon as practical.

Use of paid sick time may run concurrently with other leaves under local, state or federal law. Paid sick leave can be used in one hour increments.

Sick leave may not be used during holidays, vacation, or hours of work outside an Employee's regular schedule.   An Employee’s sick leave benefits will be fully integrated with other benefits available to the Employee so that at no time will the Employee be paid more than the Employee’s regular compensation.  If sick leave is misused, sick pay will not be awarded and the Employee may be disciplined and even discharged.  Employees will not accrue sick leave during unpaid leaves of absence.  

Employees are responsible for applying for any disability benefits for which they may be eligible as a result of illness or disability, including California State Disability Insurance, workers' compensation insurance, and/or any short-term disability insurance benefits for which they qualify.

School Appearances Involving Suspension

If you are the parent or guardian of a child facing suspension from school and is summoned to the school to discuss the matter, you should alert your supervisor as soon as possible before leaving work. In agreement with California Labor Code Section 230.7, no discriminatory action will be taken against an employee who takes time off for this purpose.

Time Off for Voting

If you do not have sufficient time outside of working hours to vote in an official statewide election, you may take off enough working time to vote, including up to two hours off without loss of pay. This time should be taken at the beginning or the end of the regular working shift, whichever allows for more free time for voting and the least time off work. If you know or have reason to believe that time off will be necessary to be able to vote on election day, you must give your supervisor at least two working days' notice.

Criminal Judicial Proceedings and Victims' Rights Leave

If you are the victim, or the family member of a victim of certain serious crimes, you may take time off from work to attend judicial proceedings related to the crime or to attend proceedings involving rights of the victim.

If you are the family member of a crime victim, you may be eligible to take this leave if you are the crime victim's spouse, parent, child or sibling. Other family members may also be covered, depending on the purpose of the leave.

The absence from work must be in order to attend judicial proceedings or proceedings involving rights of the victim. Only certain crimes are covered. You must provide reasonable advance notice of your need for leave and documentation related to the proceeding may be required. If advance notice is not possible, you must provide appropriate documentation within a reasonable time after the absence.

Any absences from work to attend judicial proceedings or proceedings involving victim rights are unpaid, unless you choose to use accrued and unused paid time off.

For more information regarding this leave (including whether you are covered, when and what type of documentation is required and which type of paid time off can be used), please contact a Company representative with day-to-day personnel responsibilities.

Volunteer Civil Service Personnel

No employee shall be disciplined for taking time off to perform emergency duty as a volunteer firefighter, peace officer, or emergency rescue personnel. Employees who perform emergency duty as a volunteer firefighter, reserve peace officer, or emergency rescue personnel may also take up to a total of fourteen days unpaid leave time per calendar year to engage in required fire, law enforcement or emergency rescue training. Please alert your supervisor that you may have to take time off for emergency duty or emergency duty training. When taking time off for emergency duty, please alert your supervisor before doing so when possible.

Benefits

Lactation Accommodation

El Nayar Entertainment recognizes lactating employees’ rights to request lactation accommodation, and accommodates lactating employees by providing a reasonable amount of break time and a suitable lactation location to any employee who desires to express breast milk for their infant child, subject to any exemption allowed under applicable law.

If possible, the break time should run concurrently with your normally scheduled break time. Any break time to express breast milk that does not run concurrently with your normally scheduled break time is unpaid.  If providing such break time would seriously disrupt the operations of the Company’s business, the Company may deny break time to employees who wish to express breast milk, but every effort will be made to accommodate the employee.

The lactation location will be private (shielded from view and free from intrusion from co-workers and the public) and located close to your work area. The location will be safe, clean and free of toxic or hazardous materials; have a surface to place a breast pump and other personal items; have a place to sit; and have access to electricity or alternative devices (including, but not limited to extension cords or charging stations) needed to operate an electric or battery-powered breast pump. El Nayar Entertainment will also provide access to a sink with running water and a refrigerator suitable for storing milk in close proximity to your workspace. If a refrigerator cannot be provided, El Nayar Entertainment will provide another cooling device suitable for storing milk, such as an employer-provided cooler. The lactation location will not be a bathroom or restroom. The room or location may include an employee's private office if it otherwise meets the requirements of the lactation space. Multi-purpose rooms may be used as lactation space if they satisfy the requirements for space; however, use of the room for lactation takes priority over other uses for the time it is in use for lactation purposes.

Employees who desire lactation accommodations should contact the General Manager to request accommodations. An employee's request may be provided orally, by email, or in writing, and need not be submitted on a specific form. We will engage in an interactive process with you to determine when and where lactation breaks will occur. If we cannot provide break time or a location that complies with this policy, we will provide a written response to your request.

El Nayar Entertainment will not tolerate discrimination or retaliation against employees who exercise their rights to lactation accommodation, including those who request time to express milk at work and/or who lodge a complaint related to the right to lactation accommodation. If you believe you have been denied reasonable break time or adequate space to express milk, or have been otherwise been denied your rights related to lactation accommodation, you have the right to file a complaint with the Labor Commissioner.

Paid Family Leave

Employees may be eligible for Paid Family Leave (PFL) wage replacement benefits, which are funded through payroll deductions and coordinated through the Employment Development Department (EDD). PFL provides partial pay for up to eight weeks when you need to take leave from work to:

  • To care for a parent, parent-in-law, child, spouse, registered domestic partner, grandparent, grandchild, or sibling who is seriously ill;
  • To bond with your newborn, foster child or newly adopted child: or
  • For a qualifying exigency related to the covered active duty or call to covered active duty of your spouse, registered domestic partner, parent, or child in the Armed Forces of the United States.

The PFL program does not provide employees with a right to a leave of absence; it is limited to a state-mandated wage replacement benefit.

Workers' Compensation

El Nayar Entertainment, in accordance with state law, provides insurance coverage for employees in case of work-related injury. The workers' compensation benefits provided to injured employees may include:

  • Medical care;
  • Cash benefits, tax free, to replace lost wages; and
  • Assistance to help qualified injured employees return to suitable employment.

To ensure that you receive any workers' compensation benefits to which you may be entitled, you need to:

  • Immediately report any work-related injury to your supervisor;
  • Seek medical treatment and follow-up care if required;
  • Complete a written Employee's Claim for Workers' Compensation Benefits (DWC Form 1) and return it to General Manager; and
  • Provide the Company with a certification from your health care provider regarding the need for workers' compensation disability leave, as well as your eventual ability to return to work from the leave.

Upon submission of a medical certification that an employee is able to return to work after a workers' compensation leave, the employee under most circumstances will be reinstated to their same position held at the time the leave began, or to an equivalent position, if available. An employee returning from a workers' compensation leave has no greater right to reinstatement than if the employee had been continuously employed rather than on leave.

An employee's return depends on their qualifications for any existing openings. If, after returning from a workers' compensation disability leave, an employee is unable to perform the essential functions of their job because of a physical or mental disability, the Company's obligations to the employee may include reasonable accommodation, as governed by the Americans with Disabilities Act or the California Fair Employment and Housing Act.

The law requires El Nayar Entertainment to notify the workers' compensation insurance company of any concerns of false or fraudulent claims.

COVID-19

COVID-19 may be a work-related injury. If you test positive for COVID-19, please notify the Company immediately so we may notify our workers' compensation carrier as required by law.

Workers' Compensation and CFRA/FMLA

Employees who are ill or injured as a result of a work-related incident, and who are eligible for family and medical leave under state and/or federal law California Family Rights Act (CFRA) and/or Family Medical Leave Act (FMLA), will be placed on CFRA and/or FMLA during the time they are disabled and not released to return to work. The leave under these laws will generally run concurrently.

Paid Sick Leave and Workers' Compensation Benefits

Paid sick leave is a benefit that also covers absences for work-related illness or injury. Employees who have a work-related illness or injury are covered by workers' compensation insurance. However, workers' compensation benefits usually do not cover absences for medical treatment. When you report a work-related illness or injury, you will be sent for medical treatment, if treatment is necessary. You will be paid your regular wages for the time you spend seeking initial medical treatment.

Any further medical treatment will be under the direction of the health care provider. Any absences from work for follow-up treatment, physical therapy or other prescribed appointments will not be paid as time worked. If you have accrued and unused sick leave, you may choose to substitute paid sick leave for any time that would otherwise be unpaid.

If you do not have accrued, paid sick leave, or if you have used all of your sick leave, you may choose to substitute vacation/paid time off for further absences from worked, related to your illness or injury.

Management

Names, Addresses, and Personal Information Policy

You are responsible for notifying the Company in the event of any change in your name, address, telephone number, marital status, or number of dependents.  Failure to have updated information in your personnel file may result in our inability to reach the proper person in the event of emergency, and may also affect your tax withholding status and your eligibility or entitlement under certain benefit programs.

Open-Door Policy

Suggestions for improving El Nayar Entertainment are always welcome. At some time, you may have a complaint, suggestion, or question about your job, your working conditions, or the treatment you are receiving. Your complaints, questions, and suggestions are important to us.

If you have a complaint, suggestion or question, speak with your immediate supervisors as soon as possible. If you are not comfortable speaking to your immediate supervisor, please bring the issue to the personnel manager or any other member of management.

Also, if you have raised the issue and if the problem persists, you may present it to the personnel manager, who will investigate and provide a solution or explanation.

If the problem is not resolved, you may also present the problem to the president of El Nayar Entertainment, who will attempt to reach a final resolution.

While a written complaint will assist us in investigating your concerns, it is not required that you put your complaint in writing. If you need assistance with your complaint, or you prefer to make a complaint in person, contact General Manager.

This procedure, which we believe is important for both you and the Company, cannot guarantee that every problem will be resolved to your satisfaction. However, El Nayar Entertainment values your observations and you should feel free to raise issues of concern without the fear of retaliation.

Performance Evaluations

Each employee will receive periodic performance reviews conducted by their supervisor. Your first performance evaluation will take place after the employee completes the introductory period. Subsequent performance evaluations will be conducted annually. The frequency of performance evaluations may vary depending upon length of service, job position, past performance, changes in job duties, or recurring performance problems.

Your performance evaluations may review factors such as the quality and quantity of the work you perform, your knowledge of the job, your initiative, your work attitude, and your attitude toward others. The performance evaluations are intended to make you aware of your progress, areas for improvement, and objectives or goals for future work performance. Favorable performance evaluations do not guarantee increases in salary or promotions. Salary increases and promotions are solely within the discretion of El Nayar Entertainment and depend upon many factors in addition to performance. After the review, you will be required to sign the evaluation report simply to acknowledge that it has been presented to you, that you have discussed it with your supervisor, and that you are aware of its contents.

Personnel Records

You have a right to inspect or receive a copy of the personnel records that El Nayar Entertainment maintains relating to your performance or to any grievance concerning you. Certain documents may be excluded or redacted from your personnel file by law, and there are legal limitations on the number of requests that can be made.

Any request to inspect or copy personnel records must be made in writing to the General Manager. You can obtain a form for making such a written request from the General Manager.

You may designate a representative to conduct the inspection of the records or receive a copy of the records. However, any designated representative must be authorized by you in writing to inspect or receive a copy of the records. El Nayar Entertainment may take reasonable steps to verify the identity of any representative you have designated in writing to inspect or receive a copy of your personnel records.

The personnel records may be made available to you either at the place where you work or at a mutually agreeable location (with no loss of compensation for going to that location to inspect or copy the records). The records will be made available no later than 30 calendar days from the date El Nayar Entertainment receives your written request to inspect or copy your personnel records (unless you/your representative and El Nayar Entertainment mutually agree in writing to a date beyond 30 calendar days but no later than 35 calendar days from receipt of the written request).

If you request a copy of the contents of your file, you will be charged the actual cost of copying.

Disclosure of personnel information to outside sources, other than your designated representative, will be limited. However, El Nayar Entertainment will cooperate with requests from authorized law enforcement or local, state, or federal agencies conducting official investigations and as otherwise legally required.

Workplace Privacy - Audio/Video Recordings

Due to concerns regarding the potential for invasion of privacy, sexual or other harassment, and protection of proprietary or confidential information, employees may not use any audio or video recording devices while on working time. You also may not use any audio or video recordings in work areas that El Nayar Entertainment has identified as confidential, secure or private, unless you are engaged in protected activity related to improving the terms and conditions of your employment, such as documenting health and safety issues.

The company uses or may use video surveillance in public areas (not in restrooms, locker rooms or changing areas). The video surveillance will not include sound recording.

Company Property

Electronics and Social Media

This policy is intended to protect the Company's computer systems and electronic information.

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

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

"Electronic information" is any information created by an employee using computers or any means of electronic communication, including but not limited to, data, messages, multimedia data, and files.

The following general policies apply:

  • Computers and all data transmitted through El Nayar Entertainment servers are Company property owned by the Company for the purpose of conducting Company business. These items must be maintained according to El Nayar Entertainment rules and regulations. Computers must be kept clean and employees must exercise care to prevent loss and damage. Prior authorization must be obtained before any Company property may be removed from the premises.
  • All electronic communications also remain the sole property of El Nayar Entertainment and are to be used for Company business. For example, email messages are considered Company records.
  • Electronic information created by an employee using any computers or any means of electronic communication is also the property of El Nayar Entertainment and remains the property of El Nayar Entertainment.
  • Information stored in El Nayar Entertainment computers and file servers, including without limitation, is the property of the Company and may not be distributed outside the Company in any form whatsoever without the written permission of the General Manager.
  • Violation of any of the provisions of this policy, whether intentional or not, will subject El Nayar Entertainment employees to disciplinary action, up to and including termination.

Monitoring of Company Property

El Nayar Entertainment reserves the right to inspect all Company property to ensure compliance with its rules and regulations, without notice to the employee and at any time, not necessarily in the employee's presence. El Nayar Entertainment computers and all electronic communications and electronic information are subject to monitoring and no one should expect privacy regarding such use. The

Company reserves the right to access, review and monitor electronic files, information, messages, text messages, e-mail, Internet history, browser-based webmail systems and other digital archives and to access, review and monitor the use of computers, software, and electronic communications to ensure that no misuse or violation of Company policy or any law occurs. E-mail may be monitored by the Company and there is no expectation of privacy.

Assume that e-mail may be accessed, forwarded, read or heard by someone other than the intended recipient, even if marked as "private."

Employee passwords may be used for purposes of security but the use of a password does not affect the Company's ownership of the electronic information or ability to monitor the information. The Company may override an employee's password for any reason.

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

 

Prohibited Use

All existing Company policies apply to employee use of computers, electronic communications, electronic information, and the Internet. This includes policies that deal with misuse of Company assets or resources. It is a violation of the company's policy to use computers, electronic communications, electronic information, or the Internet, in a manner that: is discriminatory harassing or obscene; constitutes copyright or trademark infringement; violates software licensing rules; is illegal; or is against El Nayar Entertainment policy. It is also a violation of the company’s policy to use computers, electronic communications, electronic information, or the Internet to communicate confidential or sensitive information or trade secrets.

The display of any kind of sexually explicit multimedia content, message, or document on any Company computer is a violation of the Company's policy against sexual harassment. This description of prohibited usage is not exhaustive and it is within the discretion of El Nayar Entertainment to determine if there has been a violation of this policy. Employees that engage in prohibited use will be subject to discipline and/or immediate termination.

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

 

Computer and Internet Use

El Nayar Entertainment provides computers, electronic communications, electronic information and information technology resources, including the Internet, to its employees to help them do their job. Company provided computers; electronic communications, electronic information and the Internet are only to be used for work-related purposes. No personal use of this Company property is permitted at any time. However, this policy is not intended to limit the ability of employees to use Company email systems to communicate with other employees regarding the terms and conditions of their employment, including such topics as wages, job performance, workload, supervisors or staffing.

 

Social Media

El Nayar Entertainment does not use nor does it condone the use of social media in the workplace for any purpose. Social media is a set of Internet tools that aid in the facilitation of interaction between people online. If you have specific questions about which programs the Company deems to be social media, consult with the General Manager.

Use of Internet based programs such as Facebook, Linked In, and Twitter (this is not meant to be an exhaustive list) is a violation of Company policy and use of Company property (including computers or handheld devices) to access social media tools or programs during working time on the work premises can result in discipline up to and including termination.

The Company uses filtering software to block access to all social media sites.

Employees can use their own personal devices to engage in social media during non-working times, such as breaks and meal periods; however, all other Company policies against inappropriate usage, including the Company's no tolerance for discrimination, harassment or retaliation in the workplace, and protection of confidential or trade secret information apply.

Nothing in the Company's social media policy is designed to interfere with, restrain or prevent employee communications regarding wages, hours or other terms and conditions of employment.

 

Employee-owned Devices

Employees' own computers (including hand held devices) and electronic communications are not to be used during work time. Employees may use personal devices during non-working times, such as breaks and meal periods; however, all other company policies against inappropriate usage, including the Company's no tolerance for discrimination, harassment or retaliation in the workplace, apply.

Employer Property

Lockers, furniture, desks, computers, cell phones, data processing equipment/software, vehicles, and Company lawnmower, hedge trimmer, blowers are El Nayar Entertainment property and must be maintained according to Company rules and regulations. They must be kept clean and are to be used only for work-related purposes. El Nayar Entertainment reserves the right to inspect all Company property including computer or phone data or messages to ensure compliance with its rules and regulations, without notice to the employee and at any time, not necessarily in the employee's presence. Prior authorization must be obtained before any Company property may be removed from the premises.

Company voice mail and/or electronic mail (e-mail) including texting, pagers and mobile email are to be used for business purposes. El Nayar Entertainment reserves the right to monitor voice mail messages, and e-mail messages, and texts to ensure compliance with this rule, without notice to the employee and at any time, not necessarily in the employee's presence.

El Nayar Entertainment may periodically need to assign and/or change "passwords" and personal codes for These communication technologies and related storage media and databases are to be used only for Company business and they remain the property of El Nayar Entertainment.

El Nayar Entertainment reserves the right to keep a record of all passwords and codes used and/or may be able to override any such password system. Messages on the company voice-mail and email systems are subject to the same company policies against discrimination and harassment as are any workplace communications. Offensive, harassing or discriminatory content in such messages will not be tolerated.

No personal locks may be used on Company-provided lockers unless the employee furnishes a copy of the key or the combination to the lock. Unauthorized use of a personal lock by an employee may result in losing the right to use a Company locker.

For security reasons, employees should not leave personal belongings of value in the workplace. Terminated employees should remove any personal items at the time they leave El Nayar Entertainment. Personal items left in the workplace are subject to disposal if not claimed at the time of an employee's termination.

Guests and Visitors

Visits from friends and family should be kept to a minimum, in order to preserve an appropriate work environment. It is extremely important that the impression left with El Nayar Entertainment visitors is that of a professional organization with the highest standards of conduct.

Emergencies in which children must be in the office for an extended length of time are to be kept to an absolute minimum. The Company may not be used as a substitute for regular child care of employees' children. On those occasions when children are present, they should not be allowed to disrupt others in the office.

Your child is your responsibility and must be under your direct supervision at all times. If a child is ill, you must present a doctor's note to your immediate supervisor indicating the child is not contagious. Under no circumstances may children provide work for the Company, unless the child is hired as an employee pursuant to Company policies.

If you wish to bring a minor child to work and prior notice is possible, request from your supervisor and complete the Guest and Visitors Request form, which will be reviewed by General Manager. You should also use the Guest and Visitors Request form if you wish to bring your pet to work.

The Company reserves its right in its sole discretion to deny such a request for reasons including: but not limited to, the requested guest or visitor has been disruptive in the past, there is a special event scheduled on the date(s) requested, or the work environment is not appropriate for the visitor or guest due to safety or other reasons.

Housekeeping

All employees are expected to keep their work areas clean and organized. People using common areas such as lunch rooms, locker rooms, and restrooms are expected to keep them sanitary. Please clean up after meals and dispose of trash properly.

Employees must also follow all COVID-19 safety and policies and procedures at all times.

Off-Duty Use of Facilities

Employees are prohibited from remaining on El Nayar Entertainment premises or making use of Company facilities while not on duty. Employees are expressly prohibited from using Company facilities, Company property, or Company equipment for personal use. This policy is not intended to limit the ability of employees to use the Company's email systems to communicate with other employees regarding the terms and conditions of their employment during non-working times, including such topics as wages, job performance, workload, supervisors or staffing.

Parking

Employees may park their vehicles in designated areas, if space permits. If space is unavailable, employees must park in permissible public areas in the vicinity of El Nayar Entertainment property. Employees may not use parking areas specifically designated for customers, vendors, Company vehicles, or reserved for managers. El Nayar Entertainment is not responsible for any loss or damage to employee vehicles or contents while parked on Company property.

Parking areas may be monitored with video or other surveillance for purposes of protecting Company property only. This surveillance system is in no way intended to provide employees with personal security.

Personal Use of Company Cell Phone

Cell phones (including handheld devices and smart phones such as iPhones) may be provided to some employees to assist them in performing their job. Cell phones are company property. Data (including web browsing), messages (including voice mail, mobile email, and text messaging), and other stored electronic information is subject to monitoring and employees do not have an expectation of privacy in the use of this Company property.

The Company may ask you to assign a password to your Company cell phone to prevent unauthorized access. This password does not affect the Company's ownership of the cell phone or ability to monitor the information.

Company cell phones must not be used in any manner that violates any other Company policy, including safety policies, confidentiality polices, electronic and social media policies, and policies against discrimination and harassment.

Employees are prohibited from using Company-issued cell phones and any other El Nayar Entertainment property to conduct personal business. Employees who are provided a Company cell phone may use the phone for personal reasons only in the case of an emergency. Other personal use is prohibited.

Smoking

Smoking is prohibited at this workplace. The smoking prohibition applies to all smoking devices, including, but not limited to, the use of electronic smoking devices, such as electronic cigarettes, pipes, hookahs, and vaping devices.

Solicitation and Distribution of Literature

In order to ensure efficient operation of the Company's business and to prevent disruption to employees, we have established control of solicitations and distribution of literature on Company property. El Nayar Entertainment has enacted rules applicable to all employees governing solicitation, distribution of written material, and entry onto the premises and work areas. All employees are expected to comply strictly with these rules. Any employee who is in doubt concerning the application of these rules should consult with their supervisor.

No employee shall solicit or promote support for any cause or organization during their working time or during the working time of the employee or employees at whom such activity is directed. No employee shall distribute or circulate any written or printed material in work areas at any time, or during their working time or during the working time of the employee or employees at whom such activity is directed.

Under no circumstances will non-employees be permitted to solicit or to distribute written material for any purpose on Company property.

Employee Conduct

Conducting Personal Business

Employees are to conduct only El Nayar Entertainment business while at work. Employees may not conduct personal business or business for another employer during their scheduled working hours.

Confidential Information

Each employee is responsible for safeguarding the confidential information obtained during employment.

In the course of your work, you may have access to trade secrets or similarly protected proprietary or confidential information regarding El Nayar Entertainment's business (such as financial data, research and development, marketing, business plans or strategies, suppliers, business partners or customers). You have a responsibility to prevent revealing or divulging any such information unless it is necessary for you to do so in the performance of your duties or as required by law.

Pursuant to this policy, you, as an employee, agree to maintain the confidentiality of all information relating to the business operations of the Company.  You further acknowledge and agree that such confidential information derives independent economic value, actual or potential, from not being generally known to the public or to other persons who can obtain economic value from its disclosure or use, and is the subject of efforts that are reasonable under the circumstances to maintain its secrecy, and is protected by the right to privacy contained in the California Constitution and California Civil Code section 3426, et seq

By continuing your employment with the Company, you hereby agree, warrant and represent that you will not disclose to any unauthorized person, firm, association, or corporation any information you acquire in confidence through your economic relationship with the Company, whether obtained by performance of your job duties or contained in computer storage or in documents, which includes but is not limited to information concerning the business of the Company such as operating procedure, production processes, information regarding the profitability of the Company; sales costs; customer lists; business plans; strategy plans; the names; buying habits or practices of any of the Company’s customers; the Company’s marketing methods and related data; the names of any of the Company’s vendors, suppliers or contractors; the prices the Company obtains or has obtained for the Company’s products or services; compensation paid to the Company’s employees and other terms of employment; information regarding the Company’s relations with its executives and other employees; information regarding other personnel or agents of the Company; and/or confidential customer information.  The foregoing categories of protected confidential information and/or trade secrets shall be hereinafter collectively referred to as “confidential or trade secret information”.

You agree not to use confidential or trade secret information of the Company to solicit or induce any employee of the Company to terminate their employment with the Company.  You also agree not to utilize confidential or trade secret information to solicit, divert, take away, or attempt to divert or take away any of the Company’s customers, directly or indirectly, for yourself or for any other person, firm, or corporation (in other words, you agree to use ethical practices and conduct in approaching the Company’s customers and employees subsequent to your departure).

Nothing in the above agreement is meant to limit your use of your own personal technical knowledge of the industry in which you work, except for the confidential or trade secret information which you have learned as a result of your employment with the Company.

Access to, or disclosure of, confidential or trade secret information should be on a "need-to-know" basis and must be authorized by your supervisor. Any breach of this policy will not be tolerated, and could be grounds for immediate termination, and legal action may be taken by the Company.

This policy does not prohibit employees from confidentially disclosing trade secret, proprietary or confidential information to federal, state and local government officials, or to an attorney, when done to report or investigate a suspected violation of the law. Employees may also disclose the information in certain court proceedings if specific procedures to protect the information are followed. Nothing in this policy is intended to conflict with 18 U.S.C. sec. 1833(b) or create liability for disclosures of trade secrets that are expressly allowed by 18 U.S.C. sec. 1833(b).

Nothing in this policy prevents you from discussing or disclosing information about unlawful acts in the workplace, such as harassment or discrimination or any other conduct that you have reason to believe is unlawful. 

Conflicts of Interest

All employees must avoid situations involving actual conflict of interest. Personal or romantic involvement with a competitor, supplier, or subordinate employee of El Nayar Entertainment, which impairs an employee's ability to exercise good judgment on behalf of the Company, can create an actual conflict of interest. Supervisor-subordinate romantic or personal relationships also can lead to supervisory problems, possible claims of sexual harassment, and morale problems.

As part of this policy, the Company requires the following commitments from all employees, subject to the provisions of all applicable State and federal laws:

  1. Every employee of the Company has a legal and ethical responsibility to promote the Company’s best interests.  No employee may engage in any conduct or activity that is inconsistent with the Company’s best interests or that in any manner disrupts, undermines or impairs the Company’s relationships with any customer, prospective customer, vendor or any outside organization, person or entity with which the Company does business.  For this reason, employees shall not disparage the Company or any of its employees.
  1. Employees must also agree that, both during and subsequent to their employment with the Company, they will not unlawfully interfere with, disrupt or impair any relationship between the Company and any employee, customer, vendor, or outside organization with which it does business.
  1. The protection of confidential information and trade secrets is essential to the Company, its customers and the future security of its employees.  To protect such information, employees may not disclose any trade secrets or confidential information.  No employee shall give or release to any party outside the Company’s employ any data or information of a confidential nature relating to the Company’s business, or to use such knowledge, information or data for their personal benefit.  This includes, but is not limited to, prices paid or received for goods or services purchased or sold, customer lists, production processes, or any other data where the information might be used to the detriment of the Company, its management, officers or employees.  This policy is more fully described in the "Confidential Information" section of this Handbook.
  2. The Company requires a complete commitment from all its regular, full-time employees.  Such employees may not engage in any outside activity or accept work in any outside position that either interferes with their ability to devote their full and best efforts to the Company’s interests, poses a conflict with the employee’s schedule or affects their attendance, or raises an actual or potential conflict of interest or the possible appearance of one.  A conflict of interest exists when any employee accepts employment at another company that is a competitor with the Company.  Employees who have any questions whatsoever regarding this policy or the potential impact of outside employment or outside activities on their position with the Company should contact management before engaging in such employment or activities.
  3. No employee shall establish or maintain a business relationship with companies or individuals that are competitors, customers or vendors of the Company.  This includes commission arrangements and the receipt of tips, gratuities, property interests or gifts of any kind.  In addition, no employee shall accept any gifts, fees, services or loans, in any form, from any individual, business or other entity conducting business with this Company.  An employee should advise management of an existing social relationship between the employee and an individual or business doing business with the Company before or during the employee’s employment with the Company.
  4. The Company reserves the right to determine if other relationships that are not specifically referred to in this policy represent actual or potential conflicts of interest.  In any case where the Company determines, in its sole discretion, that a relationship between an employee and another employee, a non-employee, or an outside organization or individual presents an actual or potential conflict, the Company may take whatever action it determines to be necessary to avoid or prevent its continuation.  Such action may include, but is not limited to, reassignments, changing responsibilities or, where it deems such action appropriate, disciplinary action up to and including termination.

An employee involved in any of the types of relationships or situations described in this policy, or believes that a conflict exists, should immediately and fully disclose the relevant circumstances to their immediate supervisor, or any other appropriate supervisor, for a determination about whether an actual conflict exists. If an actual conflict is determined, El Nayar Entertainment may take whatever corrective action appears appropriate according to the circumstances. Failure to disclose facts shall constitute grounds for disciplinary action.

Customer Relations

Employees are expected to be polite, courteous, prompt, and attentive to every customer. When an employee encounters an uncomfortable situation that they do not feel capable of handling, the general manager should be called immediately.

Ours is a service business and all of us must remember that the customer always comes first. Our customers ultimately pay all of our wages. Remember, while the customer is not always right, the customer is never wrong.

Customers are to be treated courteously and given proper attention at all times. Never regard a customer's question or concern as an interruption or an annoyance. You must respond to inquiries from customers, whether in person or by telephone, promptly and professionally.

Never place a telephone caller on hold for an extended period. Direct incoming calls to the appropriate person and make sure the call is received.

Through your conduct, show your desire to assist the customer in obtaining the help they need. If you are unable to help a customer, find someone who can.

All correspondence and documents, whether to customers or others, must be neatly prepared and error-free. Attention to accuracy and detail in all paperwork demonstrates your commitment to those with whom we do business.

Never argue with a customer. If a problem develops or if a customer remains dissatisfied, ask your supervisor or the general manager to intervene.

Dress Codes and Other Personal Standards

Employees are expected to wear clothing appropriate for the nature of our business and the type of work performed. Avoid clothing that can create a safety hazard.

Because each employee is a representative of El Nayar Entertainment in the eyes of the public, each employee must report to work properly groomed and wearing appropriate clothing. Employees are expected to dress neatly and in a manner consistent with the nature of the work performed.

The following are examples of acceptable office attire:

  • Suits
  • Dress shirts
  • Blouses
  • Sweaters
  • Sport coats
  • Blazers
  • Ties
  • Slacks
  • Skirts
  • Business dresses

Jeans, T-shirts, tank or halter tops, and casual shoes or sneakers are not permitted for any employees. All clothing should be clean and without rips or holes. Employees who report to work inappropriately dressed may be asked to clock out and return in acceptable attire.

All employees required to wear uniforms provided by El Nayar Entertainment must take care of their uniforms and report any wear or damage to their supervisors. Instructions regarding cleaning and maintenance of uniforms will be provided. If you are discharged or on voluntary leave, you are responsible for returning any uniforms clean and washed, or pay the current cost of the uniform to the Company.

Supervisors will inform you of additional requirements regarding acceptable attire. Certain employees may be required to wear safety equipment or clothing. Any deviations from these guidelines must be approved by your supervisor.

El Nayar Entertainment observes a casual dress day on last Friday of the month. Some employees who have customer contact may not be permitted to participate in the casual dress day.

Employees who do participate in a casual dress day still are expected to report to work properly groomed. Acceptable casual dress excludes ripped or torn clothing, T-shirts of any kind (with or without a written message), tennis shoes, tank or halter tops, or shorts.

Employees required to wear safety equipment or clothing still must do so on a casual dress day. Department managers may issue more specific guidelines concerning any exceptions to this policy.

This dress code policy will not be enforced in a manner that discriminates against anyone based on a protected class, such as race, sex, gender identity or gender expression, religion, national

origin or any other class protected by federal, state or local law. For more information, see the Harassment, Discrimination and Retaliation Prevention policy. Employees who need reasonable accommodation because of religious beliefs, observances or practices should contact a company representative with day-to-day personnel responsibility and discuss the need for accommodation.

Drug and Alcohol Abuse

El Nayar Entertainment is concerned about the use of alcohol, marijuana, illegal drugs or controlled substances as it affects the workplace. Use of these substances, whether on or off the job can detract from an employee's work performance, efficiency, safety, and health, and seriously impair Company operations. In addition, the use or possession of these substances on the job constitutes a potential danger to the welfare and safety of other employees and exposes the Company to the risks of property loss or damage, or injury to other persons.

The following rules and standards of conduct apply to all employees while on Company property, at work, or working on Company business. The following are strictly prohibited by Company policy:

  • Being under the influence of, or impaired by, an illegal or controlled substance, alcohol or marijuana while on the job.
  • Using or possessing illegal or controlled substances, alcohol or marijuana while on the job (including the illegal use of prescription drugs and possessing drug paraphernalia)
  • Distributing, selling, or purchasing of an illegal or controlled substance, alcohol or marijuana while on the job.

Violation of these rules and standards of conduct will not be tolerated, and will include disciplinary action up to and including termination. El Nayar Entertainment also may bring the matter to the attention of appropriate law enforcement authorities.

In order to enforce this policy, El Nayar Entertainment reserves the right to conduct searches of Company property or employees and/or their personal property, and to implement other measures necessary to deter and detect abuse of this policy.

When a supervisor has a reasonable suspicion to believe that an employee is intoxicated or under the influence of drugs or alcohol, or when any complaint is received regarding an employee involved in the possible use or abuse of drugs and/or alcohol in and about the work site to the point where it may be affecting the employee’s working ability, the supervisor shall have the authority to order the employee, accompanied by a supervisor, to report immediately to a medical or testing facility for the purpose of determining whether the employee is intoxicated or under the influence of drugs.  The testing shall be conducted while the employee is "on the clock".  The Company shall bear the expense of the testing, and shall provide transportation to and from the testing site and the employee's workstation.  Reasonable suspicion is defined as belief based upon objective symptoms or facts sufficient to lead a prudent person to suspect that an employee is under the influence of drugs or alcohol.  If the employee fails the tests given at the medical or testing facility and tests positive for drugs, narcotics or alcohol, the employee will be determined to have violated the above rules and shall be subject to immediate termination.  Any test results or analysis will be considered confidential and provided to the employee and only those members of management on a need to know basis.

An employee's conviction on a charge of illegal sale or possession of any controlled substance while off Company property will not be tolerated because such conduct, even though off duty, reflects adversely on El Nayar Entertainment. In addition, the Company must keep people who sell or possess controlled substances off Company premises in order to keep the controlled substances themselves off the premises.

El Nayar Entertainment will encourage and reasonably accommodate employees with alcohol, marijuana or drug dependencies to seek treatment and/or rehabilitation. Employees desiring such assistance should request a treatment or rehabilitation leave. The Company is not obligated, however, to continue to employ any person whose performance of essential job duties is impaired because of drug, alcohol or marijuana use. Additionally, employees who are given the opportunity to seek treatment and/or rehabilitation, but fail to successfully overcome their dependency or problem, will not automatically be reemployed or be given a second opportunity to seek treatment and/or rehabilitation. This policy on treatment and rehabilitation is not intended to affect the Company's treatment of employees who violate the regulations described previously. Rather, rehabilitation is an option for an employee who acknowledges a chemical dependency and voluntarily seeks treatment to end that dependency.

News Media Contacts

Employees may be approached for interviews or comments by the news media. Only contact people designated by the General Manager may comment to news reporters on El Nayar Entertainment policy or events relevant to El Nayar Entertainment.

This policy does not limit your right to discuss the terms and conditions of your employment, or to try and improve these conditions.

Off-Duty Conduct

While El Nayar Entertainment does not seek to interfere with the off-duty and personal conduct of its employees, certain types of off-duty conduct may interfere with the Company's legitimate business interests.

Off-duty conduct by an employee that directly conflicts with the Company's essential business interests and disrupts business operations will not be tolerated.

Other Employment

While employed by El Nayar Entertainment, employees are expected to devote their energies to their jobs with the Company.

Employment that directly conflicts with the Company's essential business interests and disrupts business operations is strictly prohibited.

If you wish to engage in additional employment that may create a real conflict of interest, you must submit a written request to El Nayar Entertainment explaining the details of the additional employment. If the additional employment is authorized, El Nayar Entertainment assumes no responsibility for it. El Nayar Entertainment shall not provide workers' compensation coverage or any other benefit for injuries occurring from or arising out of additional employment. Authorization to engage in additional employment can be revoked at any time.

Political Activity

Many employees participate in political activities on their own time. Company time, facilities, property or equipment (including all computers, networks, and electronic equipment) must not be used for your outside political activities. El Nayar Entertainment will not reimburse any employee for political contributions, and you should not attempt to receive or facilitate such reimbursements.

Absent a formal statement by El Nayar Entertainment announcing any political endorsements, you must not, through your own actions, speech, contributions, or written communication, mislead others to believe that El Nayar Entertainment officially endorses or opposes any candidates for political office that El Nayar Entertainment itself has not publicly announced. Company employees are entitled to their own personal position.

The Company will not discriminate against employees based on their lawful political activity engaged in outside of work.

Prohibited Cell Phone Use

Employees may not use cell phones or other mobile devices while on working time out of concerns for invasion of privacy, sexual or other harassment, protection of proprietary or confidential information, productivity, and workplace security. Employees also may not use cell phones or other mobile devices containing audio or video recording devices or cameras in the following work areas that the Company has designated as confidential, secure or private, unless the employee is engaged in protected activity related to improving the terms and conditions of their employment, such as documenting health and safety issues. This restriction applies to the following areas:

During staff meetings, front lobby, private areas

Notwithstanding these restrictions, employees may, in the event of an "emergency condition," access their mobile device or other communications device for seeking emergency assistance, assessing the safety of the situation, or communicating with a person to verify their safety.

For purposes of this policy, an "emergency condition" is defined as:

  • Conditions of disaster or extreme peril to the safety of persons or property at the workplace or worksite caused by natural forces or a criminal act; or
  • An order to evacuate a workplace, a worksite, a worker's home, or the school of a worker's child due to natural disaster or a criminal act.

Prohibited Conduct

Employees are expected to conduct themselves in a manner to further the Company's objectives. The following conduct is prohibited and will not be tolerated by El Nayar Entertainment. This list of prohibited conduct is illustrative only; other types of conduct that threaten security, personal safety, employee welfare and Company operations also may be prohibited and will result in disciplinary action up to and including termination.

  • Falsifying employment records, employment information, or other Company records;
  • Inefficient or careless performance of job responsibilities or inability to perform job duties satisfactorily;
  • Recording the work time of another employee or allowing any other employee to record your work time, or falsifying any time card, either your own or another employee's;
  • Falsely claiming an illness or workplace injury;
  • Theft and deliberate or careless damage or destruction of any Company property, or the property of any employee or customer;
  • Removing or borrowing Company property without prior authorization;
  • Unauthorized use or misuse of Company equipment, time, materials, or facilities;
  • Exhibiting discourteous, rude, or violent behavior towards your supervisor, coworkers, guests, customers, or vendors;
  • Engaging in fraudulent, illegal, or criminal conduct whether or not related to job performance;
  • Provoking a fight or fighting during working hours or on Company property;
  • Participating in horseplay or practical jokes on Company time or on Company premises;
  • Carrying firearms or any other dangerous weapons on Company premises at any time;
  • Causing, creating or participating in a disruption of any kind during working hours on Company property;
  • Insubordination, including but not limited to failure or refusal to obey the orders or instructions of a supervisor or member of management, or the use of abusive or threatening language toward a supervisor or member of management;
  • Using abusive, threatening or intimidating language at any time on Company premises;
  • Making false, vicious, profane, or malicious statements concerning the Company, its officers, supervisors, coworkers, guests, or customers;
  • Violation of Company punctuality and attendance policies. Absences protected by state or federal law do not count as violations of this policy. Protected paid sick time under California law does not count as a violation of this policy;
  • Failing to obtain permission to leave work for any reason during normal working hours, not including meal periods;
  • Failing to observe working schedules, including rest and meal periods;
  • Sleeping or malingering on the job;
  • Making or accepting personal telephone calls, including cell phone calls, of more than three minutes in duration during working hours, except in cases of emergency or extreme circumstances;
  • Working overtime without authorization or refusing to work assigned overtime;
  • Violation of dress standards;
  • Violation of any safety, health, security or Company policy, rule or procedure;
  • Violation of the Company's drug and alcohol policy;
  • Committing a fraudulent act or a breach of trust under any circumstances;
  • Violating the Company's anti-harassment or equal employment opportunity policies; and
  • Failing to promptly report work-related injury or illness.

This statement of prohibited conduct does not alter the Company's policy of at-will employment. Either you or El Nayar Entertainment remain free to terminate the employment relationship at any time, with or without reason or advance notice.

Prohibited Use of Company Cell Phone While Driving

In the interest of the safety of our employees and other drivers and pedestrians on the road, El Nayar Entertainment employees are prohibited from using cell phones (including all smart phones) or other wireless communication devices (including laptops and tablets) while driving on Company business and/or Company time. This prohibition includes any use of the cell phone or other wireless communications device, such as answering or placing calls, engaging in conversations, texting, Web browsing or using any smart phone application while driving.

If your job requires that you keep your cell phone or other wireless communication device turned on while you are driving, you must use a hands-free, voice-operated device at all times. Under no circumstances should employees place phone calls while operating a motor vehicle while driving on Company business and/or Company time. Violating this policy is a violation of law and a violation of Company rules.

 

Employees Under Age 18

A person under the age of 18 years is prohibited from driving a motor vehicle while using a wireless telephone, even if equipped with a hands-free device, or while using a mobile service device. The prohibition would not apply to such a person using a wireless telephone or a mobile service device for emergency purposes. Violating this policy is a violation of law and a violation of Company rules.

Writing, sending, or reading text-based communication - including text messaging, instant messaging. e-mail, web browsing and use of smart phone applications - on a wireless device or cell phone while driving is also prohibited under this policy. Violating this policy is a violation of law and a violation of Company rules.

You must also safely pull off the road before conducting Company business.

Punctuality and Attendance

As an employee of El Nayar Entertainment, you are expected to be punctual and regular in attendance. Tardiness or absences can cause problems for your co-workers and your supervisor. When you are absent, your assigned work must be performed by others.

You are expected to report to work as scheduled, on time, and prepared to start work. Employees also are expected to remain at work for their entire work schedule, except for meal periods, rest periods or when required to leave on authorized Company business. Late arrivals, early departures or other unanticipated and unapproved absences from scheduled hours are disruptive and must be avoided.

If you are unable to report for work on any particular day, you must provide reasonable advance notice to your supervisor before the time you are scheduled to begin working for that day. You must inform your supervisor of the expected duration of any absence. If you fail to provide reasonable advance notice before your scheduled time to begin work and do not arrive in time for your assigned shift, you will be considered tardy for that day. If the circumstances for your tardiness or absence were unforeseen, inform your supervisor as soon as practical of the reason for the tardiness or absence.

Excessive absenteeism or tardiness, providing false information or abuse of leave laws will not be tolerated. Generally, if you fail to report for work without any notification to your supervisor and your absence continues for a period of 3 days, El Nayar Entertainment will consider that you have voluntarily abandoned or quit your employment.

Absences protected by local, state and federal law do not count as a violation of the punctuality and attendance policy. Paid sick time protected under California law does not count as a violation of this policy.

Wages

Pay Day

The standard pay period for all employees is a semi-monthly basis.
The pay period begins on the first (1st) of the month, and ends on the fifthteenth (15th) of the month. The second pay period begins on the sixteenth (16th) of the month, and ends the last day of the month. Paydays are scheduled for every fifth (5th) of the month, and twentieth (20th) of the month.

Payroll Deductions

  1. Social Security (F.l.C.A.) - All employees are covered by the Federal Social Security Program with respect to retirement benefits. The Federal Social Security Act provides monthly retirement benefits to persons meeting certain eligibility requirements. The Act may also provide protection for certain members of your family in the event of death. Both the Company and the employee share equally in the cost of paying these taxes to support the Social Security Fund.
  1. Federal Income Tax (Withholding) - The Federal Internal Revenue Code requires that the Company withhold Federal Income Tax from your wages. The amount withheld as provided by law is based on the number of dependents claimed and the amount of your earnings. Shortly after the first of each year, a statement (W-2 form) showing the total wages paid to you during the previous year and the amount of tax withheld will be furnished to you by the Company.
  1. State Income Tax (Withholding) – The State of California requires that the Company withhold State Income Tax from your gross pay. As with Federal Income Tax, the amount of State Tax withheld as provided by law is based on the number of dependents claimed and the amount of your earnings. The Company will furnish a statement showing the amount of State Tax withheld from your total earnings during the previous year to you shortly after the first of the year.
  2. State Disability Insurance (SDI) - Coverage under this plan is described in this employee manual. All employees in the State of California share the expense of this program. The Company is required by law to make a deduction from your earnings each pay period to cover the cost of this plan.
  3. Garnishments and Attachments - The Company will not normally help creditors in the collection of personal debts from its employees.  Under certain legal procedures known as garnishments, wage attachments, levies, etc., however, the Company may be compelled by law to withhold a specified amount of your earnings.  Receiving two or more wage garnishments of two or more separate debts may lead to discipline.

Advances

El Nayar Entertainment does not permit advances against paychecks or against unaccrued vacation.

Reporting-Time Pay

El Nayar Entertainment will comply with all applicable regulations regarding reporting-time pay for nonexempt employees.

If an employee reports to work on a regularly scheduled work day and because of unusual circumstances, no work is available and no attempt was made to previously inform the employee by reasonable means to not report for work, the employee may be entitled to one-half of the employee’s normal day’s work or pay in lieu of such work, but in no event for less than two hours nor more than four hours, at the employees’ regular rate of pay.

If an employee is required to report to work a second time in any one workday and is furnished with less than two hours of work on the second reporting, the employee must be paid for two hours at the employee’s regular rate of pay.

El Nayar Entertainment will not pay employees for reporting under the following circumstances:

  • Interruption of work because of the failure of any or all public utilities;
  • Operations can't begin due to threats to employees or the Company's property, or when recommended by civil authorities; or
  • Interruption of work because of natural causes or other circumstances beyond the Company's power to control.

Reporting time pay does not apply to employees on paid standby status, who are called to work at times other than their usual shift.

Deductions for Exempt Employees

Employees paid on a "salary basis" regularly receive a predetermined amount of compensation each pay period. Subject to the exceptions listed below, exempt employees will receive full salary for any workweek in which they perform any work, regardless of the number of days or hours worked. Exempt employees may not be paid for any workweek in which they perform no work, subject to El Nayar Entertainment benefits programs and policies.

No deductions from salary may be made for time when work is not available, provided the exempt employee is ready, willing, and able to work. Deductions from pay are permissible when an exempt employee:

  • Is absent from work for one or more full days for personal reasons other than sickness or disability;
  • Is absent for one or more full days due to sickness or disability if the deduction is made in accordance with a bona fide plan, policy, or practice of providing full compensation for salary lost due to illness and the employee has exhausted their leave under this policy;
  • Is absent for jury duty or military duty for a full week and performs no work during the week; or
  • Works less than a full week during the initial or final week of employment;

If an employee is only working a portion of their regular work day for personal reasons, the employer may require or the employee may request to take a partial day deduction from any available accrued vacation leave balance. If an employee is only working a portion of their regular work day due to illness, the employee may request to take a partial day deduction from any available accrued sick leave balance.

It is Company policy to comply with these salary basis requirements. Therefore, El Nayar Entertainment prohibits all Company managers from making any improper deductions from the salaries of exempt employees. The Company wants employees to be aware of this policy and know that the Company does not allow deductions that violate federal or state law.

If you believe that an improper deduction from your salary has been made, you should immediately report this information to your direct supervisor, or to General Manager

Reports of improper deductions will be investigated promptly. If it is determined that an improper deduction has occurred, you will be promptly reimbursed for any improper deduction made.

Expense Reimbursements

El Nayar Entertainment reimburses employees for business expenses on the 15th of the month of each month. Employees who have expense accounts or who have incurred business expenses must submit required receipts and the Expense Report to the General Manager no later than the 15th of the month of each month.

If you have any questions about the Company's expense reimbursement policy, contact the General Manager.

Personal and/or vacation travel may be combined with business travel provided there is no additional cost to El Nayar Entertainment, and it meets with the approval of the General Manager. El Nayar Entertainment credit cards are not to be used for personal expenses.

Meal and Rest Periods

Rest Breaks

All nonexempt employees are entitled to uninterrupted rest break periods during their workday. If you are a nonexempt employee, you will be paid for all such break periods, and you will not clock out.

Number of Rest Breaks

You will be authorized and permitted one (1) 10-minute net rest break for every four (4) hours you work (or major fraction thereof, which is defined as any amount of time over two [2] hours). A rest break need not be authorized for employees whose total daily work time is less than three and one half (3.5) hours.

You will be relieved of all duty during your rest break periods. You are free to come and go as you please and are free to leave the premises. You are expected to return to work promptly at the end of any rest break.

If you work a shift from three and one-half (3.5) to six (6) hours in length you will be entitled to one (1) ten-minute rest break. If you work more than six (6) hours and up to 10 hours, you will be entitled to two (2) ten-minute rest breaks. If you work more than 10 hours and up to 14 hours, you will be entitled to three (3) ten-minute rest breaks.

Timing of Rest Breaks

You are authorized and permitted to take a rest break in the middle of each four hour work period.

Your rest break will be scheduled by General Manager

Meal Period

All nonexempt employees will be provided an uninterrupted unpaid meal period of at least 30 minutes if you work more than five (5) hours in a workday. You must clock out for your meal period. You will be permitted a reasonable opportunity to take this meal period, and you will be relieved of all duty. During your meal period, you are free to come and go as you please and are free to leave the premises. You are expected to return to work promptly at the end of any meal period.

If your total work period for the day is more than five hours per day but no more than six hours, you may waive the meal period. This cannot be done without the mutual consent of you and your supervisor. You must discuss any such waiver with your supervisor in advance.

The waiver must be in writing.

Timing of Meal Period

Your meal period will be provided no later than the end of your fifth hour of work. For example, if you begin work at 8:00 a.m., you must start your meal period by 12:59 p.m. (which is before the end of your fifth hour of work).

Your meal period will be scheduled by General Manager

Second Meal Period

If you work more than 10 hours in a day, you will be provided a second, unpaid meal period of at least 30 minutes. Again, you must clock out for your meal period. You will be permitted a reasonable opportunity to take this meal period, and you will be relieved of all duty. There will be no control over your activities during your meal period. During your meal period, you are free to leave the premises and are free to come and go as you please. You are expected to return to work promptly at the end of any meal period.

Depending on the circumstances, you may be able to waive your second meal period if you took the first meal period and if your total hours worked for the day is no more than twelve hours.

This cannot be done without the mutual consent of you and your supervisor and must be in writing. You must discuss any such waiver with your supervisor in advance.

Timing of Second Meal Period

This second meal period will be provided no later than the end of your 10th hour of work. Your second meal period will be scheduled by the General Manager.

Recording Meal Periods

You must clock out for any meal period and record the start and end of the meal period.

Employees are not allowed to work "off the clock." All work time must be accurately reported on your time record.

If for any reason you are not provided a meal period in accordance with our policy, or if you are in any way discouraged or impeded from taking your meal period or from taking the full amount of time allotted to you, please immediately notify the General Manager.

Anytime you miss a meal period that was provided to you (or you work any portion of a provided meal period), you will be required to report to General Manager and document the reason for the missed meal period or time worked.

Please also refer to the El Nayar Entertainment Timekeeping Policy.

Overtime for Nonexempt Employees

Employees may be required to work overtime as necessary. Only actual hours worked in a given workday or workweek can apply in calculating overtime. El Nayar Entertainment will attempt to distribute overtime evenly and accommodate individual schedules. All overtime work must be previously authorized by a supervisor. El Nayar Entertainment provides compensation for all overtime hours worked by non-exempt employees in accordance with state and federal law as follows:

  • All hours worked in excess of eight hours in one workday or 40 hours in one workweek will be treated as overtime. A workday begins at 12:01 a.m. and ends at midnight 24 hours later. Workweeks begin each Sunday at 12:01 a.m.;
  • Compensation for hours in excess of 40 for the workweek, or in excess of eight and not more than 12 for the workday, and for the first eight hours on the seventh consecutive day of work in one workweek, shall be paid at a rate one and one-half times the employee's regular rate of pay;
  • Compensation for hours in excess of 12 in one workday and in excess of eight on the
  • seventh consecutive workday in a workweek shall be paid at double the regular rate of pay; and
  • Exempt employees may have to work hours beyond their normal schedules as work demands require. No overtime compensation will be paid to exempt employees.

Pay for Mandatory Meetings/Training

El Nayar Entertainment will pay non-exempt employees for their attendance at meetings, lectures, and training programs under the following conditions:

  • Attendance is mandatory;
  • The meeting, course, or lecture is directly related to the employee's job;
  • The employee who is required to attend such meetings, lectures, or training programs will be notified of the necessity for such attendance by their supervisor;
  • The employee will be paid at the then applicable minimum wage for time spent at meetings, lectures, and training programs if the employee does not perform any productive work during such attendance;
  • Employees who do perform productive work during attendance at meetings, lectures or training programs will be compensated at their regular rate of pay; and
  • Any hours in excess of eight in a day or 40 in a week will be paid at the appropriate overtime rate, at the hourly rate in effect at the time the overtime work is being performed.

Timekeeping Requirements

All nonexempt employees are required to use a time clock to record time worked for payroll purposes. All time worked must be accurately reported on your time record.

You must record your own time at the start and at the end of each work period. You must clock out for your meal period and record the start and end of the meal period.  It is important that you clock in no earlier than five (5) minutes before the start of your shift and no later than five (5) minutes after the end of your shift, unless you are specifically authorized to work overtime. Employees are requested neither to come onto Company premises sooner than (15) minutes prior to the beginning of their shift nor to remain on the premises later than fifteen (15) minutes after the end of their work shift. If it is necessary to arrive earlier or leave later than these times due to transportation needs, such employees must wait in the lobby or employee lunch area and nowhere else on the premises.

You are not allowed to work "off the clock." Working off the clock violates company policy. Any work performed before or after a regularly scheduled shift must be approved in advance by your supervisor. If you perform any off-the-clock work, please report the work to your supervisor.

You also must record your time whenever you leave the building for any reason other than El Nayar Entertainment business.

You will be required to certify that your time record is accurate.

Any handwritten marks or changes on the timecard must be initialed by a supervisor. Punching another employee's timecard, allowing another employee to punch your timecard, or altering a timecard is not permissible and is subject to disciplinary action.

You must clock out at the end of your work day once you are finished with your work duties, even if you remain on the premises for non-work related purposes.  Any employee who fails to report or inaccurately reports any hours worked will be subject to disciplinary action, up to and including termination.  It is a violation of Company policy for any employee to falsify a time record, to clock in or out for another employee, or to alter another employee's time record.  Violation of this policy is grounds for immediate termination. 

Any errors on your timecard should be reported immediately to your supervisor. Please also refer to El Nayar Entertainment's Meal and Rest Break Policy.

Work Schedules

El Nayar Entertainment is normally open for business 7 days a week. Your supervisor will assign your individual work schedule. All employees are expected to be at their desks or workstations at the start of their scheduled shifts, ready to work.

Exchanging work schedules with other employees is discouraged. However, if you need to exchange schedules, notify your supervisor, who may authorize an exchange if possible. Work schedule exchanges will not be approved for the mere convenience of an employee or if the exchange interferes with normal operations or results in excessive overtime.

The workweek begins at 12:01 a.m. Sunday and ends at midnight on Saturday.

Safety & Health

Health and Safety

The Company makes every effort to prevent accidents and injuries by providing proper job training, equipment safeguards and personal safety equipment on jobs requiring it, as well as adequate safety instructions. Your safety is important to us. You are requested to make every effort to assume your personal safety responsibility by using the proper equipment and following rules and instructions issued to prevent accidents and ensure safe working conditions.

All employees are responsible for their own safety, as well as that of others in the workplace. To help us maintain a safe workplace, everyone must be safety-conscious at all times. Please immediately report conditions that you feel are unsafe, such as slipping or tripping hazards, inadequate lighting, frayed electrical cords, damaged machinery, etc. Be sure to acquaint yourself with the location of exits, fire alarm stations, and fire extinguishers nearest your work area. Reports of any hazards or safety problems should be made directly to your supervisor.

Report all work-related injuries or illnesses immediately to your supervisor or to hotel general manager. The incident must be reported to your supervisor immediately to protect your rights to receive treatment and/or benefits under Workers’ Compensation and assure proper reporting and processing of the medical claim. If an injury requires medical treatment; your supervisor will make immediate arrangements to have your injury examined with a doctor in a Medical Provider Network (MPN).  Contact the hotel general manager for more information if you would like to pre-designate a physician outside of the Company’s MPN program.

In compliance with California law, and to promote the concept of a safe workplace, El Nayar Entertainment maintains an Injury and Illness Prevention Program. The Injury and Illness Prevention Program is available for review by employees and/or employee representatives in the general manager's office.

El Nayar Entertainment also maintains a written COVID-19 prevention program in compliance with California law, which is available for review by employees and/or authorized representatives.

In compliance with Proposition 65, El Nayar Entertainment will inform employees of any known exposure to a chemical known to cause cancer or reproductive toxicity.

Heat Illness

The Company is concerned with employee health and safety. Employees who work outside may be exposed to extreme temperatures or adverse working conditions, particularly in the summer months. All supervisors are trained in the recognition and prevention of heat illness. Employees who work outside are encouraged to frequently drink water. Employees who work outside are also allowed and encouraged to take a cool-down rest in the shade of at least five minutes (in addition to the time needed to access the shade) when needed to protect themselves from overheating. These preventative cool-down rests are paid time.

Please refer to the Company's Injury Illness and Prevention Program or talk to your supervisor for details on how to ensure you are protected from heat illness dangers.

Recreational Activities and Programs

El Nayar Entertainment or its insurer will not be liable for payment of workers' compensation benefits for any injury that arises out of an employee's voluntary participation in any off-duty recreational, social, or athletic activity that is not part of the employee's work-related duties.

Security

El Nayar Entertainment has developed guidelines to help maintain a secure workplace. Be aware of persons loitering for no apparent reason in parking areas, walkways, entrances and exits, and service areas. Report any suspicious persons or activities to security personnel. Secure your desk or office at the end of the day. When called away from your work area for an extended length of time, do not leave valuable and/or personal articles in or around your workstation that may be accessible. The security of facilities as well as the welfare of our employees depends upon the alertness and sensitivity of every individual to potential security risks. You should immediately notify your supervisor when unknown persons are acting in a suspicious manner in or around the facilities, or when keys, security passes, or identification badges are missing.

The Company's workplace security program is described in detail in the Company's Illness and Injury Prevention Program (IIPP).

Workplace Violence

El Nayar Entertainment has adopted the following workplace violence policy to ensure a safe working environment for all employees.

The Company has zero tolerance for acts of violence and threats of violence. Without exception, acts and threats of violence are not permitted. All such acts and threats, even those made in apparent jest, will be taken seriously, and will lead to discipline up to and including termination.

Possession of non-work related weapons on Company premises and at Company-sponsored events shall constitute a threat of violence.

It is every employee's responsibility to assist in establishing and maintaining a violence-free work environment. Therefore, you are expected and encouraged to report any incident which may be threatening to you or your co-workers or any event which you reasonably believe is threatening or violent.

You may report an incident to any supervisor or manager.

A threat includes, but is not limited to, any indication of intent to harm a person or damage Company property. Threats may be direct or indirect, and they may be communicated verbally or nonverbally. The following are examples of threats and acts that shall be considered violent - this list is in no way all-inclusive:


Example

Type of Threat

Saying, "Do you want to see your next birthday?" - Indirect

Writing, "Employees who kill their supervisors have the right idea." - Indirect

Saying, "I'm going to punch your lights out." - Direct

Making a hitting motion or obscene gesture - Nonverbal

Displaying weapons - Extreme

Stalking or otherwise forcing undue attention on someone, whether romantic or hostile - Extreme

Taking actions likely to cause bodily harm or property damage - Acts of violence

The Company's workplace violence program is described in detail in the Company's Illness and Injury Prevention Program (IIPP).

Termination

Employee References

All requests for references must be directed to the personnel manager. No other manager, supervisor, or employee is authorized to release references for current or former employees.

By policy, El Nayar Entertainment discloses only the dates of employment and the title of the last position held of former employees.

Involuntary Termination and Progressive Discipline

Violation of El Nayar Entertainment policies and rules may warrant disciplinary action. The Company has a system of progressive discipline that may include verbal warnings, written warnings, and suspension. The system is not formal, and El Nayar Entertainment may, in its sole discretion, utilize whatever form of discipline is deemed appropriate under the circumstances, up to, and including, immediate termination of employment. The Company's policy of progressive discipline in no way limits or alters the at-will employment relationship.

Reductions in Force

Under some circumstances, El Nayar Entertainment may need to restructure or reduce its workforce. If restructuring our operations or reducing the number of employees becomes necessary, the Company will attempt to provide advance notice, if possible, to help prepare affected individuals. If possible, employees subject to layoff will be informed of the nature of the layoff and the foreseeable duration of the layoff, whether short-term or indefinite.

In determining which employees will be subject to layoff, El Nayar Entertainment will take into account, among other things, operation and requirements, the skill, productivity, ability, and past performance of those involved, and also, when feasible, the employee's length of service.

Voluntary Resignation

Voluntary resignation results when an employee voluntarily quits their employment at El Nayar Entertainment, or fails to report to work for three consecutively scheduled workdays without notice to, or approval by, their supervisor (unless the absence is protected by law). All Company-owned property, including vehicles, keys, uniforms, identification badges, and credit cards, must be returned immediately upon termination of employment.