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Sparklean, Inc.
Employee Handbook
The effective date of this Employee Handbook is January 1st, 2024
It supersedes and replaces all previous written or oral policies or representations thereof.
For more information, contact:
Sparklean, Inc.
2355 Fairview Avenue N. #211
Roseville, MN 55113
Katie Segal/ Owner- 612-400-3294
TABLE OF CONTENTS
1. INTRODUCTION
2. EMPLOYMENT POLICIES
3. GENERAL INFORMATION
4. EMPLOYMENT PRACTICES
5. EMPLOYEE CLASSIFICATIONS
6. GENERAL RULES OF CONDUCT
7. POLICY PROHIBITING WEAPONS IN THE WORKPLACE
8. REASONABLE ACCOMMODATION
9. IMMIGRATION LAW COMPLIANCE
10. WORKPLACE HARASSMENT POLICY
11. NON-SOLICITATION
12. CONFIDENTIAL INFORMATION
13. BENEFITS AND LEAVE TIME
14. WORKING PARENT RIGHTS
15. SOCIAL MEDIA POLICY
16. WAGE DISCLOSURE PROTECTIONS
17. WORKERS’ COMPENSATION INSURANCE
18. TERMINATION OF EMPLOYMENT
19. GENERAL PROVISIONS
INTRODUCTION
WELCOME
Welcome to Sparklean. We wish you every success here.
We believe that each employee contributes directly to Sparklean’s growth and success, and we hope you take pride in being a member of our team.
This Employee Handbook was developed to describe and clarify some of the expectations of our employees, and to outline the policies, practices, procedures and benefits available to employees. You should familiarize yourself with the contents of the Employee Handbook as soon as possible because it will answer many questions about your employment with Sparklean.
We hope your experience here will be challenging, enjoyable and rewarding. Again, welcome!
NATURE AND PURPOSE OF THE EMPLOYEE HANDBOOK
This Employee Handbook is a compilation of personnel policies and practices and procedures currently in effect at Sparklean.
None of the policies or guidelines in the Handbook are intended to give rise to contractual rights or obligations, or to be construed as any contractual right, guarantee of employment, employment for any specific period of time, or any specific type of work.
Additionally, with the exception of the at‐will employment policy, these guidelines are subject to modification, amendment or revocation by Sparklean at any time, without advance notice.
The Employee Handbook is designed to provide you with a description of Sparklean policies as they pertain to you as an employee, and to help answer many of the questions that may arise in connection with your employment. It presents a standardized approach for the administration of policies to reduce ambiguities and difficulties that might arise from unwritten or inconsistent policies or lack of proper communications.
The Employee Handbook is intended solely to describe the present policies and working conditions at Sparklean. The Employee Handbook does not purport to include every conceivable situation; it is merely meant as a guideline. Of course, Federal, state and/or local laws will take precedence over Company polices where applicable.
This Employee Handbook supersedes and replaces any and all written personnel policies, handbooks, guides and Employee Handbooks previously distributed to, made available to, or applied to employees of Sparklean, and is the only Employee Handbook with any force or effect. All prior personnel policies and handbooks are hereby rescinded and revoked.
Sparklean reserves the right to apply any or all of these policies in whole or in part at its discretion as it deems appropriate depending on individual circumstances. Sparklean can deviate from this Employee Handbook as it deems appropriate. The application or non-application of any or all of these policies does not alter or change Sparklean’s right to apply these policies in whole or in part as it deems appropriate.
Sparklean reserves the right to change, withdraw, apply or amend any of our policies or benefits, including those covered in this Employee Handbook, at any time. Sparklean may notify you of such changes via email, posting on Sparklean’s Intranet or website, or via a printed memo, notice, amendment to or reprinting of this Employee Handbook but may, in its discretion, make such changes at any time, with or without notice.
DEFINITIONS
“Company” or “the Company” refers to Sparklean.
“Immediate family” means the employee’s spouse, siblings, parents, children, father- and mother- in-law, and employee’s grandparents. Step- and adopted children are treated as children.
“Owner” means Katie Segal, owner of Sparklean, Inc.
“Supervisor” or “Manager” means an individual with the authority to assign, direct, and review the work of subordinates.
“Week” means 40 hours within one seven-day period from Monday to Sunday as related to “full-time” employees.
EMPLOYMENT POLICIES
EMPLOYMENT AT WILL
Nothing contained in this Employee Handbook should be construed as creating a contract guaranteeing employment for any specific duration. Unless you have entered into an Employment Agreement that supersedes this document, either you or Sparklean may terminate the employment relationship at any time, with or without cause or prior notice.
UNLESS AN EMPLOYEE HAS A WRITTEN EMPLOYMENT AGREEMENT WITH SPARKLEAN, WHICH PROVIDES OTHERWISE, ALL EMPLOYMENT AT SPARKLEAN IS “AT‐WILL.” THAT MEANS THAT EMPLOYEES MAY BE TERMINATED FROM EMPLOYMENT WITH SPARKLEAN WITH OR WITHOUT CAUSE, AND EMPLOYEES ARE FREE TO LEAVE THE EMPLOYMENT OF SPARKLEAN WITH OR WITHOUT CAUSE.
Two-week’s notice prior to resignation, however, is customary and expected as a matter of general business practice.
No manager, employee or representative of Sparklean, other than the Owner, is authorized to enter into any oral or written agreements inconsistent with the foregoing and no such agreement shall be enforceable unless it is in writing and signed by the Owner and the employee.
ANY REPRESENTATION BY ANY SPARKLEAN OFFICER OR EMPLOYEE CONTRARY TO THIS POLICY IS NOT BINDING UPON SPARKLEAN UNLESS IT IS IN WRITING AND SIGNED BY THE OWNER.
RECRUITMENT AND HIRING
Sparklean’s primary goal when recruiting new employees is to fill vacancies with individuals who have the best available skills, abilities, or experience needed to perform the work. Decisions regarding the recruitment, selection and placement of employees are made on the basis of job-related criteria.
EQUAL EMPLOYMENT OPPORTUNITY
Sparklean is fully committed to equal employment opportunities (EEO). All employment decisions will be made without regard to race, color, age, religion, sex, pregnancy, marital status, familial status, disability, national origin, sexual orientation, veteran status, status with regard to public assistance or activity in a local human rights commission. In addition, we comply with all applicable state and local laws governing non-discrimination in employment in every location in which we maintain facilities. Decisions concerning employment are based strictly on an individual's qualifications and ability to perform the job under consideration, the comparative qualifications and abilities of the other applicants or employees, and the individual's past performance within the organization.
Employment decisions include, but are not limited to: recruitment, hiring, promotions, salary or other compensation, benefits, transfers, corrective actions, layoffs, termination and training.
Sparklean shall follow all federal, state and local employment law and is committed to equal employment opportunity. To that end, Sparklean will not discriminate against any employee or applicant in a manner that violates the law.
Sparklean will not tolerate any form of unlawful discrimination. All employees are expected to cooperate fully in implementing this policy. In particular, any employee who believes that any other employee of Sparklean may have violated the Equal Employment Opportunity Policy should report the possible violation to their supervisor or the Owner. If Sparklean determines that a violation of this policy has occurred, it will take appropriate disciplinary action against the offending party, which can include counseling, warnings, suspensions, and termination. Employees who report, in good faith, violations of this policy and employees who cooperate with investigations into alleged violations of this policy will not be subject to retaliation. Upon completion of the investigation, Sparklean will inform the employee who made the complaint of the results of the investigation.
OPEN EAR POLICY
Sparklean welcomes open communication. Sparklean provides an Open Ear Policy to encourage an exchange of information. Employees are invited and encouraged to share their concerns and provide input to the Owner or Managers at any time.
ORIENTATION AND TRAINING
To help you become familiar with Sparklean, your assigned responsibilities, and the skills required for efficient job performance, Sparklean may periodically conduct orientation and training programs. In order to keep you informed and up-to-date on changes that may affect your position, additional continuing education and/or training programs may be encouraged and/or required.
GENERAL INFORMATION
WORKPLACE PRIVACY
Employees do not have a right to privacy in their workspaces (including working on-site at a customer’s property) or in any other property belonging to Sparklean, or a customer. Sparklean reserves the right to search Sparklean property at any time without warning to ensure compliance with our policies including those that cover employee safety, workplace violence, harassment, theft, drug and alcohol use, and possession of prohibited items.
Sparklean respects the rights of each and every one of its Employees. However, with regard to an Employee’s use of Sparklean’s computers, telephones, internet, or other Sparklean-owned communications systems of any kind, Employees should have no expectations of privacy and must assume they do not have such privacy when using or accessing such devices or systems. Sparklean reserves the right to monitor all electronic communication by Employees using any of Sparklean’s communications devices or systems. In accepting employment with Sparklean, Employee thereby give their consent to such monitoring.
DRESS CODE
The objective of Sparklean is to allow our employees to work comfortably in the workplace, and still project a professional image for our customers, potential employees, and community visitors. Any clothing that has words, terms, or pictures that may be offensive to other employees is unacceptable. Clothing that is sexually provocative that reveals too much cleavage, your back, your chest, your stomach or underwear is not appropriate. If clothing fails to meet these standards, the employee will be asked not to wear the inappropriate item to work again. If the problem persists, the employee may be sent home to change clothes and will receive a verbal warning for the first offense. Progressive corrective action will be applied if dress code violations continue. Any sent home time is unpaid.
USE OF SPARKLEAN PROPERTY
Employees will be instructed to use certain supplies and property of Sparklean during employment. Such items are for the use of employees while performing work for Sparklean only. Employees may not take or use such items for the employee’s own personal use or for use of any other party, except as used for Sparklean clients as instructed.
PAY PERIODS AND PAYCHECKS
Employees are paid every two weeks. If the regularly scheduled payroll date falls on a holiday, we will attempt to deliver paychecks on the weekday prior to the holiday. Direct deposit may be available.
PAYROLL DEDUCTIONS
All mandatory deductions (and withholdings), such as federal income tax, Social Security, state, city and/or local income tax, court ordered withholdings, and disability, as applicable, will be withheld automatically from your paycheck. Deductions taken from your paychecks are for the same period as time worked.
HOURS OF WORK
The work week is generally from Monday through Friday, but weekend time may be available; with general operating hours from 7:30 am to 6:30 pm. The time spent cleaning at client’s houses is paid at your full hourly rate. Drive time and non cleaning time are paid at half of your current hourly rate, and a minimum of $10.85. You will also receive a mileage reimbursement of 58.5 cents per mile for the distance you drive between client houses and between the office and your first or last house depending on if you are picking up supplies or dropping them off. Meetings and reviews are paid.
INCLEMENT WEATHER
Sparklean is open for business unless there is a declared via electronic means to all employees that Sparklean is not open on a given day. Use common sense and good judgment so you arrive safely to and from work during inclement weather. If schools in the area are closed, we will likely be closed as well.
PUNCTUALITY AND ATTENDANCE
You will receive an advance calendar of work and work locations. It’s important for each employee to report to work on time and to maintain a good attendance record. Sparklean recognizes that circumstances beyond your control may cause you to be absent from work for all or part of a day. However, unauthorized absence or lateness may result in corrective action, up to and including termination.
You are expected to report to work when scheduled. If you are unable to report for work for the day, you must notify the managers before 7:30am. More notice by you, if possible is appreciated.
You are expected to be at your assigned work location at the beginning of each business day. If you are delayed, you must communicate with the managers and state the reason for the delay. Regular delays in reporting to work may result in disciplinary action.
EMPLOYMENT PRACTICES
JOB PERFORMANCE
Each and every employee contributes to the success of Sparklean. If one employee allows his or her performance to slip, then all of us suffer. We expect everyone to perform to the highest level possible. Poor job performance can lead to corrective action up to and including termination of employment.
Because our employee’s performance is vital to our success, we may conduct periodic reviews on individual employee performance. We hope that through these reviews, our employees will learn what we expect of them and we will learn what they expect of us. We require all employees to effectively participate in the review process when it occurs. Failure to effectively participate may lead to corrective action up to and including termination of employment.
PROGRESSIVE DISCIPLINE
Any employee conduct that violates Sparklean rules or that in the opinion of Sparklean may interfere or adversely affect our business is sufficient grounds for corrective action or termination. Corrective action may range from coaching to immediate discharge. At Sparklean’s sole discretion, our general policy is to take corrective steps in the following order:
▪ Coaching, Verbal warning, Written warnings, “911” Meeting, Termination
HOWEVER WE RESERVE THE RIGHT TO ALTER THE ORDER DESCRIBED ABOVE, TO SKIP CORRECTIVE STEPS ALTOGETHER, TO ELIMINATE CORRECTIVE STEPS ALTOGETHER OR TO CREATE NEW OR ADDITIONAL CORRECTIVE STEPS DEPENDING ON THE FACTS AND CIRCUMSTANCES OF EACH INDIVIDUAL CASE.
In choosing the appropriate corrective action, we may consider any number of factors including, the seriousness of your conduct, your history of misconduct, your employment record, your length of employment, the strength of evidence against you, your ability to correct the conduct, your attitude about the conduct, actions we’ve taken for similar conduct by other employees, how your conducts affects this company, its customers and your coworkers, and other circumstances related to the nature of the misconduct, to your employment with this company and the effect of the misconduct on the business of Sparklean.
You should remember that your employment is at-will and at the mutual consent of you and Sparklean. This policy does not change this fact. This means that you or Sparklean can terminate the employment relationship at will at any time, with or without cause and with or without advanced notice. As a result Sparklean reserves its right to terminate your employment at any time, for any lawful reason including, but not limited to, the reasons not listed above. You also have the right to end your employment at any time.
EMPLOYEE CLASSIFICATIONS
Employees are classified as either exempt or non-exempt for pay administration purposes as determined by the Fair Labor Standards Act (FLSA). The definitions of the worker classification categories are summarized as follows:
EXEMPT
Management, supervisory, professional, sales or administrative employees, whose positions meet FLSA standards, are exempt from overtime pay requirements.
NON-EXEMPT
Employees whose positions do not meet the FLSA exemption standards are paid overtime. Employees classified as non-exempt generally work in non-supervisory, non-professional or non-administrative capacities.
In addition, each employee's status is defined as one of the following:
FULL TIME
Employees who work a minimum of 40 hours per week are considered to be full-time.
Sparklean may supplement its regular work force with temporary or part-time employees to help compensate for workload, employee absences, or other situations. Management will determine which positions are regular part-time and which are considered temporary or seasonal.
PART TIME
Employees who work less than 40 hours per week are considered to be part-time.
TEMPORARY
Temporary employees are those engaged to work either part-time or full-time on the Sparklean payroll, but have been hired with the understanding that their employment will be terminated no later than upon their completion (at the discretion of Sparklean) of a specific assignment. This category includes interns.
GENERAL RULES OF CONDUCT
To assure orderly operations and provide the best possible work environment, Sparklean expects employees to follow rules of conduct that will protect the interests and safety of all employees and Sparklean. Above all, employees are expected to treat co-workers and customers courteously and are responsible for maintaining positive and productive relationships. Any actions or behavior which may be offensive to coworkers or may jeopardize customer relations are strictly forbidden. While it is not possible to list all of the forms of behavior that are considered unacceptable e, the following is a nonexclusive list of examples of infractions of rules of conduct that may result in corrective action, up to and including termination:
▪ Carelessness which results in damage or injury to Sparklean property, customer property, or to employees.
▪ Coercion of, threats against, intimidation of, interference with or abuse of other employees.
▪ Discourteous treatment of coworkers, management, customers, suppliers or an individual while in the capacity of an employee of Sparklean.
▪ Dishonesty or falsification of records.
▪ Failure to follow a superior’s instructions or other disrespectful conduct.
▪ Failure to adhere to policies and procedures as outlined in this Employee Handbook.
▪ Failure to report for work, being late, sleeping during work hours, loitering, loafing, excessive chatting, abuse of rest periods, wasting time or failing to expend the necessary effort in the performance of the work assignment.
▪ Harassment of, or discrimination against another employee, customer or any other person where contact is a result of the employment relationship with Sparklean.
▪ Making or publishing a false or malicious statement about employees or Sparklean.
▪ Possession or use of weapons on Sparklean property, or on customer’s property
▪ Theft or inappropriate removal or possession of property.
▪ Transporting, possessing, transferring, using or being under the influence of intoxicating beverages or controlled substances at any time, including while en route to work.
▪ Unauthorized disclosure of confidential information.
▪ Unauthorized release or disclosure of business or customer information.
▪ General breaches of the provisions set forth in this Employee Handbook.
CELL PHONE USE
Personal use of cell phones at client locations is prohibited. Any personal cell phone use including texting and internet usage must be confined to breaks or lunch periods.
When driving for company purposes, you are expected to use a hands-free device and limit calls to only urgent matters.
Lead employees may use their cell phones to call/text/email a client a confirmation of the time they can expect the team for cleaning. However, this should be done prior to arriving at the client’s location.
Use of proper telephone etiquette should be used whenever speaking to a client or potential client.
OTHER PHONE AND COMPUTER USE
Employees are prohibited from using any telephone or computer equipment of any customer, except in the event of an emergency.
SUBSTANCE AND ABUSE
Sparklean MN prohibits the consumption of alcohol on Sparklean MN premises (to include approved Sparklean MN social functions as discussed below), and strictly bars the performance of work while intoxicated. Sparklean MN may suspend you from work and/or ask you to leave the premises immediately if Sparklean MN has a bona fide concern that you are performing work activities under the influence of alcohol.
Further, Sparklean MN will not tolerate the use, possession, or sale of illegal drugs on Sparklean MN premises and may suspend you from work and/or ask you to leave the premises immediately if Sparklean MN has a bona fide concern that you are under the influence of illegal drugs, possess illegal drugs, or are selling illegal drugs.
Any breach of this Policy may result in disciplinary proceedings and may lead to your dismissal after an investigation.
Misuse of Alcohol and Drugs
At Sparklean MN we expect you to perform to the best of your ability and in a professional manner. The use of drugs and alcohol can have a detrimental impact on the business. In particular, the following problems can arise:
● lower productivity levels
● increased staff turnover
● increased absenteeism
● damage to the Company’s reputation
● accidents and other breaches of health and safety requirements
● lower staff morale, and
● increased stress levels
It is therefore a strict requirement that you:
● are not under the influence of alcohol, non-prescribed and/or drugs or suffering from the effects of such a substance or any other substance (such as, but not limited to, glue, lighter fuel and solvent) that may affect your physical or mental health while you are at work, undertaking work duties, or acting in the course of your employment. Remember that over-the counter drugs that may impair your ability to perform your job adequately. By reporting to work, you are confirming that you are fit for work and not under the influence of non-prescribed drugs and/or alcohol,
● do not bring in spirits/wine for consumption at the workplace or bring unsealed bottles of alcohol without prior written approval from your manager,
● do not bring any drugs into Sparklean MN workplace and/or premises (for these purposes, the work place includes all of Sparklean MN sites, including client homes, events where you are representing Sparklean MN, its parking and any storage facilities), and
● do not participate in any sale, trade, delivery, transfer, or manufacture of drugs (whether inside or outside of work),
● any employee who drives a Sparklean MN vehicle is expressly prohibited from consuming ANY alcohol while driving for Sparklean MN purposes. If found to be under consumption of alcohol, the employee will be subject to disciplinary action up to and including termination.
Medically Prescribed Drugs
Consumption of drugs prescribed for you is acceptable as long as this does not unduly impair your performance at work and/or create an unsafe condition for you or others. However, if you appear to be misusing prescribed drugs, Sparklean MN may take action against you under this Policy.
If you think that your prescribed drugs may affect your ability to undertake your duties, you should discuss this with your manager or HR representative so that s/he can effectively manage the situation. Sparklean MN may require you to ask the prescribing doctor to provide Sparklean MN with relevant information, including information relating to any restrictions or limitations due to the use of your medication.
Social Functions
You may consume alcohol at authorized Sparklean MN social functions, off site representation or other company events provided you act responsibly and drink alcohol in modest quantities.
Illegal drugs are prohibited under all circumstances.
Treatment
If you are, or believe you may be, at risk of having, an alcohol- or drug-related problem, Sparklean MN strongly encourages you to seek assistance and treatment.
If you voluntarily seek assistance for drug or alcohol problems and successfully complete treatment before your performance is impaired and before violating this policy, you will not be subject to disciplinary action for substance abuse, provided you comply with the treatment program and sign and abide by any agreement Sparklean MN may request you to enter into as explained above. If you already have violated this policy and/or demonstrated impaired work performance, however, you may still be subject to any pending disciplinary action. Sparklean MN will not pay for treatment.
Breaching This Policy
Being under the influence of alcohol, drugs or other substances prohibited under this Policy, or otherwise acting in breach of this Policy, may lead to disciplinary action in accordance Sparklean MN disciplinary policy, up to and including termination.
Violation of the policy will result in:
1st Offense: Three consecutive shifts/days unpaid suspension.
2nd Offense: Termination of employment.
Sparklean MN reserves the right to move directly to 2nd offense disciplinary action at its discretion based on violation.
Sparklean MN reserves the right to cooperate during the course of legal outside investigations and legal right of entry (subpoena, warrant).
SMOKE FREE WORKPLACE
In keeping with Sparklean’s intent to provide a safe and healthful work environment, smoking and use of electronic cigarettes or e-tobacco delivery systems is prohibited within 30 feet of the Sparklean Office. This includes customer sites and Company vehicles.
WORKPLACE VIOLENCE PREVENTION
Sparklean is committed to preventing workplace violence and to maintaining a safe work environment. We have adopted the following guidelines to deal with intimidation, harassment, or other threats of (or actual) violence that might occur during business hours or on our premises.
All employees, customers and community members should be treated with courtesy and respect at all times. Employees are expected to refrain from fighting, “horseplay,” or other conduct that may be dangerous to others. We prohibit firearms, weapons, and other dangerous or hazardous devices and substances from the premises of Sparklean and customer locations without proper authorization.
Sparklean will not tolerate conduct that threatens, intimidates, or coerces another employee, a customer, or a member of the public at any time, including off-duty periods. This includes all acts of harassment, including harassment that is based on an individual's sex, race, age, or any characteristic protected by federal, state, or local law.
All threats of (or actual) violence, either direct or indirect, should be reported as soon as possible to the Owner. This includes threats by employees as well as threats by customers, vendors, solicitors, or anyone else. When reporting a threat of violence, you should be as specific and detailed as possible.
Be sure to report any suspicious person or activities as soon as possible to the Owner. Do not place yourself in peril. If you see or hear a commotion or disturbance where you are working, do not try to intercede or see what is happening.
We will promptly and thoroughly investigate all reports of threats of (or actual) violence and of suspicious individuals or activities. The identity of the person who made the report will be protected to the extent practical. To maintain workplace safety and the integrity of its investigation, Sparklean may suspend an employee, either with or without pay, pending investigation.
Any person who violates these guidelines will be subject to corrective action, up to and including termination of employment. Violations include making a threat of violence or actually committing a violent act.
If you are in imminent danger or threat to your personal safety, call 911 immediately and ask for assistance.
POLICY PROHIBITING WEAPONS IN THE WORKPLACE
Sparklean is committed to providing its employees, contractors, customers, vendors and other visitors with an appropriate and safe working environment. As a part of the process, Sparklean prohibits all employees from carrying, concealing, using or storing any weapons or ammunition on Sparklean premises, vehicles or a client's property.
Employees are also prohibited from carrying, concealing, using or storing any weapon or ammunition at any time the employee is acting within the course and scope of his or her employment, regardless of whether the employee is on Sparklean premises or a client's premises, or whether the employee is using an Sparklean provided vehicle. Sparklean “premises” includes all buildings, storage areas, work areas and outdoor lots. A “weapon” includes, without limitation guns, pistols, knives, clubs and any other item the purpose of which is to threaten or inflict bodily harm upon any person.
This policy applies, without limitation, to concealed weapons for which a valid permit has been issued and to all persons to whom a valid permit to carry a concealed weapon has been issued. An employee who has a valid permit to carry a concealed weapon may, when not acting within the course and scope of his or her employment, carry or possess that weapon in the parking area Sparklean provides for employees, but in no other location on Sparklean premises or a client's premises. Weapons other than concealed weapons for which a valid permit has been issued are prohibited in the employee parking area. Employees who violate this policy are subject to corrective action up to and including termination of employment.
Sparklean’s policy banning weapons and ammunition from the premises also applies to non-employees, including those with proper licenses to carry a concealed weapon. Persons with lawful permits to carry guns may carry or possess the weapon in the parking areas provided by Sparklean, but in no other location on Sparklean’s premises.
If you believe that an employment decision has been made that does not conform to our commitment to equal opportunity, the matter should be brought promptly to the attention of the Owner. Your complaint will be thoroughly investigated. There will be no retaliation against any employee who files a complaint in good faith, even if the result of the investigation produces insufficient evidence to support the complaint. Please see the Sparklean Workplace Harassment Policy for additional information.
REASONABLE ACCOMMODATION
Sparklean is committed to complying with the American with Disabilities Act (ADA). In accordance with the federal and state law, Sparklean provides reasonable accommodation to known physical or mental limitations of an otherwise qualified employee with a disability, unless the accommodation would impose an undue hardship on the company. Reasonable accommodation may be, depending on all the circumstances, modification or adjustment to a job, the work environment, or the way things usually are done that enable an employee with a disability to perform the essential functions of a job, and to enjoy equal benefits and privileges of employment.
Sparklean is also committed to complying fully with applicable disability discrimination laws, and ensuring that equal opportunity in employment exists at Sparklean for qualified persons with disabilities. All employment practices and activities are conducted on a non‐discriminatory basis. Reasonable accommodations will be available to all qualified disabled employees, upon request, so long as the potential accommodation does not create an undue hardship on Sparklean, as defined by law. Employees who believe that they may require an accommodation should bring the request to the prompt attention of the Owner. If you have any questions regarding this policy, please contact the Owner.
Generally, the individual with a disability must inform the employer that accommodation is needed. The employer is entitled to know that the individual has a covered disability for which s/he needs reasonable accommodation and is not required to spot the issue or guess that an issue exists. An individual with a disability may request reasonable accommodation at any time during the application process or during the period of employment.
If an employee requests reasonable accommodation, he/she should do so in writing. Sparklean may ask for reasonable documentation on the need for the accommodation. All requests for reasonable accommodation should be submitted to the Owner. Sparklean will respond expeditiously to a request for reasonable accommodation.
HIRING OF RELATIVES
Usually, Sparklean will not refuse to hire someone simply because he or she is related to one of our current employees. There are times however, when employing relatives is inappropriate and has the potential to affect the morale of other employees and to create conflicts of interest for the relatives involved. This is at the discretion of the Sparklean Owner. Therefore, we may not hire relatives of our current employees if one relative will have to supervise the other.
Under this policy, the term “relatives” encompasses husbands, wives, live-in partners, domestic partners, parents, children, siblings, in-laws, cousins, aunts and uncles. This policy covers biological relationships, marriage relationships and step relationships.
IMMIGRATION LAW COMPLIANCE
Sparklean complies with the Immigration Reform and Control Act of 1986 by employing only United States citizens and non-citizens who are authorized to work in the United States. All employees are required by their first day of employment to provide original documents verifying the right to work in the United States and to sign a verification form required by federal law (Form I-9, or other required form). If an individual cannot verify his/her right to work within three days of hire, Sparklean must terminate employment.
WORKPLACE HARASSMENT POLICY
Employees are expected to conduct themselves in a professional manner and to show respect for their co‐workers.
Sparklean is committed to providing a work environment that maintains employee equality, respect and dignity. In keeping with this commitment, Sparklean maintains a strict policy prohibiting any form of unlawful employee harassment based on race, color, age, religion, sex, pregnancy, marital status, familial status, disability, national origin, sexual orientation, veteran status, status with regard to public assistance or activity in a local human rights commission, or other applicable status protected by federal, state or local laws. Harassment, whether verbal, physical or environmental, and whether in the workplace or in outside work-sponsored settings, is unacceptable and will not be tolerated.
Sexual harassment is illegal under federal, state and local laws, and applies equally to men and women. It is defined in the Equal Employment Opportunity Commission (EEOC) Guidelines as any unwelcome sexual advance, request for sexual favor, and other verbal or physical conduct of a sexual nature when (1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual's employment, (2) submission to or rejection of such conduct by an individual is used as the basis for employment decisions affecting such individual, or (3) such conduct has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile or offensive working environment. These behaviors may include, but are not limited to: subtle or overt pressure for sexual favors; derogatory or vulgar statements regarding one's sexuality or gender; unnecessary touching, patting, pinching or attention; to innuendoes, suggestions or jokes; turning work discussions into sexual topics; or displaying sexually suggestive visual materials. Such prohibited conduct may not be limited to the specifics mentioned here and may include other types of behavior as well.
It is also against Sparklean’s policy to engage in verbal or physical conduct that denigrates or shows hostility or aversion toward an individual because of his or her race, color, gender, religion, sexual orientation, age, national origin, disability, or other protected category (or that of the individual’s relatives, friends, or associates.
If you believe that you have been subjected to or have witnessed any form of harassment, you should immediately contact the Owner. The complaint will be immediately and thoroughly investigated in a professional manner as determined by Sparklean. Sparklean’s goal is to conduct a thorough investigation, to determine whether harassment occurred, and to determine what action to take if it is determined that violation of this policy has occurred.
There will be no retaliation against any employee who files a complaint in good faith or who assists in providing information relevant to a claim of harassment, even if the investigation produces insufficient evidence to support the complaint. If the facts and results of the investigation substantiate the complaint, then the appropriate corrective action will be taken, up to and including termination.
Confidentiality will be maintained throughout the investigatory process, to the extent practicable and appropriate under the circumstances, to protect the privacy of persons involved. Investigation may include interviews with the parties involved and, where necessary, individuals who may have observed the alleged conduct or who may have relevant knowledge.
MANAGER RESPONSIBILITY
Employees with managerial responsibilities will be evaluated on their adherence to this policy and the monitoring of employees under their supervision. Any manager who receives a report of suspected violation of this policy must report the information to Management. Failure to do so will result in disciplinary action up to and including termination.
CONSENSUAL RELATIONSHIPS
A report of sexual harassment arising out of a consensual relationship will be investigated under this policy in the same manner as any other report.
As necessary, we may monitor any incident of alleged harassment or discrimination to assure the inappropriate behavior has stopped. In all cases, we will follow up as necessary to ensure no retaliation occurs for providing information, making a complaint or cooperating with an investigation. If you feel retaliation has occurred, you should report it to the Owner.
This policy applies to all employees, whether related to conduct engaged in by fellow employees or someone not directly connected to Sparklean (e.g., outside vendors, consultants, clients, etc.). Sparklean will make every reasonable effort to ensure that its employees are familiar with this policy and are aware that every complaint received will be investigated and resolved appropriately. Sparklean encourages reporting of all perceived incidents of sexual harassment, regardless of who the offender may be. Every employee is encouraged to raise any questions or concerns with the Owner.
If Sparklean determines that a violation of this policy has occurred, it may take appropriate disciplinary action against the offending party, which can include counseling, warnings, suspensions, and termination. Employees who report violations of this policy and employees who cooperate with investigations into alleged violations of this policy will not be subject to retaliation. Upon completion of any investigation, Sparklean will inform the employee who made the complaint of the results of the investigation, to the extent allowed by law. Compliance with this policy is a condition of each employee’s employment. Employees are encouraged to raise any questions or concerns about this policy or about possible discriminatory harassment with the Owner.
Sparklean recognizes that false accusations can have serious effects on innocent persons. If an investigation results in a finding that a person who has accused another of a violation of this policy has maliciously or recklessly made false accusations, the accuser will be subject to appropriate corrective action, up to and including termination.
In addition to the above, if you believe you have been subjected to sexual harassment, you may file a formal complaint with the appropriate government agency. Using our complaint process does not prohibit you from filing a complaint with these agencies.
EMPLOYER SPONSORED MEETINGS OR COMMUNICATION
Sparklean abides by the MN legislation that prohibits any employer from discharging, disciplining, threatening to discharge or discipline, or penalizing employees
- because the employee declines to attend or participate in an employer-sponsored meeting or declines to receive or listen to a communication from an employer if the meeting is to communicate the opinion of the employer about religious or political matters.
- as a means of inducing an employee to attend or participate in meetings or receive/listen to communications described above.
- because the employee makes a good-faith report of a violation or a suspected violation of the above.
NON-SOLICITATION
SOLICITATION
Sparklean invests a great deal in cultivating long term and healthy relationships with employees and clients and expects all employees to follow ethical behavior in protecting Sparklean’s investment in all future business relationships.
NON-SOLICITATION OF CLIENTS / NON-ACCEPTANCE OF WORK
For a period of one (1) year after the separation from employment with Sparklean, whether voluntary or involuntary, Employee shall not, directly or indirectly, personally or through a third-party: (i) solicit Sparklean’s clients, (ii) attempt to solicit Sparklean’s clients, (iii) accept business from Sparklean's clients, (iv) divert business from Sparklean, (v) in any way interfere with Sparklean's relationships with its current and/or prospective clients, employees, independent contractors, vendors or accounts, or (vi) otherwise take any action or make any statement or communication that damages, impairs, or that could tend to cause damage to Sparklean's relationships with its current and/or prospective clients, employees, independent contractors, vendors or accounts.
NON-SOLICITATION OF COMPANY EMPLOYEES
For a period of one year after the separation from employment with Sparklean, whether voluntary or involuntary, Employee shall not, directly or indirectly, attempt to influence or to encourage any other person, who has been employed or otherwise engaged by Sparklean (whether as an employee, independent contractor or otherwise), its affiliates, subsidiaries, successors or assignees, at any time within the 12 months prior to the separation of Employee's employment with Sparklean, to terminate his/her relationship with Sparklean.
Further, for a period of one (1) year after the separation from employment with Sparklean, whether voluntary or involuntary, Employee shall not, directly or indirectly, employ, hire as an independent contractor or otherwise solicit or retain the services or participate in any business activity with any person who was employed or otherwise engaged by Sparklean (whether as an employee, independent contractor, or otherwise), its affiliates, subsidiaries, successors or assignees, at any time during the 12 months prior to the separation of Employee's employment with Sparklean.
CONFIDENTIAL INFORMATION
PROTECTING CLIENTS’ PRIVACY
It is extremely important to protect our clients’ privacy. They trust us to come into their homes and we most honor this trust. Part of this is not taking any pictures, whether it is an interesting view, color scheme, piece of furniture, etc. No matter how harmless you think it may be, our clients would not appreciate it. Please always ensure client security. In addition to making sure things are locked up when you leave, make sure that you keep security of all keys and codes entrusted to you. For more information or to ask questions, please contact the Owner.
CONFIDENTIAL NATURE OF WORK
The protection of confidential business information and trade secrets is vital to the interests and the success of Sparklean. All Sparklean records and information relating to Sparklean or its customers are confidential and employees must, therefore, treat all matters accordingly.
Any information that an Employee learns about Sparklean as a result of working for Sparklean that is not otherwise publicly available constitutes confidential information. Such confidential information is the property of Sparklean. This includes all client information, including but not limited to, garage and other access codes. Employees may not disclose confidential information to anyone who is not employed by Sparklean or to other persons employed by Sparklean who do not need to know such information to assist in rendering services.
The disclosure, distribution, electronic transmission or copying of Sparklean’s confidential information is prohibited. Any employee who discloses confidential Sparklean information will be subject to disciplinary action (including possible termination), even if he or she does not actually benefit from the disclosure of such information.
No Sparklean or Sparklean-related information, including (without limitation) documents, notes, files, records, oral information, computer files or similar materials (except in the ordinary course of performing duties on behalf of Sparklean) may be removed from Sparklean’s premises or disclosed without the written permission of Sparklean.
Employees who improperly use or disclose trade secrets or confidential business information will be subject to corrective action, up to and including termination of employment and legal action, even if they do not actually benefit from the disclosed information.
Individuals no longer employed by Sparklean may be subject to legal action for disclosure of any proprietary information prior to that information becoming public information through appropriate channels.
EXCLUSIONS OF OBLIGATION
Confidential Information does not include information that: (a) is, or later becomes, publicly available through no act, omission, or fault of Employee, or violation of the provisions of this Employment Handbook; (b) is rightfully in Employee’s possession prior to disclosure; (c) is received from a third party, free of any obligation of confidentiality.
OWNERSHIP AND RETURN OF CONFIDENTIAL INFORMATION
Confidential Information disclosed by Sparklean shall remain the property of Sparklean, and no license or other rights to such Confidential Information is granted or implied hereby. Confidential Information which is furnished to the Employee shall be and remain the exclusive property of the Sparklean.
Employee shall, upon separation, or upon written request of Sparklean, whichever is earlier, immediately, but not later than 30 days after any notice thereof by Sparklean, return (or destroy at Sparklean’s option) all copies of such Discloser’s Confidential Information and all samples provided by the Disclosure. If the Confidential Information is destroyed, Employee, shall within 30 days of a written request by Disclosure, provide a certificate of destruction acceptable to disclosure.
Employee agrees that Sparklean shall have the right to apply for injunctive relief or specific performance, as well as such further relief as may be granted by a court of competent jurisdiction to protect its rights under these confidentiality provisions.
BENEFITS AND LEAVE TIME
SICK & SAFE LEAVE (PTO)
Beginning on January 1st, 2024, all Sparklean employees will begin to accrue paid time off under the new sick and safe leave law in MN.
- Accrual is at the rate of 1 hour of paid time off per every 30 hours worked
- Sparklean will calculate and pay out both rates of pay
- hours at an employee’s cleaning rate and
- hours at their non cleaning rate
- Accrual is not capped at any certain number of hours per year.
- The Sparklean absence and written warnings policies will remain unchanged.
- At the end of 2024 (and each year following), employees will be permitted to rollover any accrued and unused paid time off hours to the following year, not to exceed 80 hours.
- Potential uses for an employee to use their sick and safe leave are:
- Employee’s or employee’s family member’s mental or physical illness, injury, or other health condition. –
- Employee’s or employee’s family member’s need for medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition.
- Employee’s or employee’s family member’s need for preventative medical or health care.
- Absence due to domestic abuse, sexual assault, or stalking of the employee or employee’s family member IF IT IS TO:
- Seek medical attention related to physical or psychological injury or disability caused by domestic abuse, sexual assault, or stalking;
- Obtain services from a victim services organization;
- Obtain psychological or other counseling;
- Seek relocation or take steps to ensure an existing home due to domestic, sexual assault, or stalking; or
- Seek legal advice to take legal action, including preparing for or participating in any civil or criminal legal proceeding related to or resulting from domestic abuse, sexual assault, or stalking.
- Closure of Sparklean due to weather or other public emergency or an employee’s need to care for a family member whose school or place of care has been closed due to weather or other public emergency.
- The employee’s inability to work because the employee is:
- Prohibited from working by the employer due to health concerns related to potential transmission of a communicable illness related to a public emergency, or
- Seeking or awaiting the results of a diagnostic test for, or a medical diagnosis of, a communicable disease related to a public emergency and such employee has been exposed to a communicable disease or Sparklean has requested a test or diagnosis.
- Sparklean required 4 business days advance notice of an employee wishing to use PTO. Unless it is not foreseeable for the employee to give such notice, then as much notice as possible is required.
- Sparklean may require reasonable documentation after 3 days of consecutive leave
- Any and all forms of retaliation against the employee taking PTO are strictly prohibited.
- Employees returning from Sick and Safe Leave are entitled to return to work at the same rate of pay that they started leave at.
- Notice about this policy will be:
- Included in the employee handbook and re-signed by employees who began employment before January 1st, 2024
- Included in the employee handbook and signed by all new employees who began employment after January 1st, 2024
- Posted in print along with other employee notices in the staff bathroom at the Roseville Office.
- Posted electronically in the pinned chats of the “All Staff Group Chat” in the Group Me
- Posted electronically in the new employee documents on the company website.
- Employees are not required to find a replacement for themselves at work while they are on leave.
- All records for accrued and used paid time off will be recorded on a biweekly basis (following payroll) in the employee’s “scorecard” and on each employee’s paystub and is available for employees to access (view only) anytime.
- Each employee has the right to file a complaint/bring civil action if sick time is denied or if the employee experiences retaliation for requesting the use of sick time.
- Any accrued PTO at the time of termination or resignation will not be paid out.
Domestic Violence
If you have been threatened or are concerned about violence or abuse by a current or former spouse, intimate partner, or other family member, we encourage you to report it to your manager and/or the Executive Leadership team. We will keep this information as confidential as possible. Sparklean will not discriminate against employees who are victims of domestic violence.
Once you make a report, Sparklean will decide what steps to take for your safety and the safety of other employees. Sparklean may ask you to provide copies of any restraining orders or other legal papers you have filed against the abuser, as well as a picture of the abuser, for security purposes.
We understand that domestic violence can affect performance and attendance. If you need time off to ensure your own safety, appear in court, or handle other matters relating to domestic violence, please let us know.
VACATION
Vacation time (or unpaid pre-requested time off)
- is earned at the rate of 1 day per every 20 days worked. (1 day per every 15 days worked after an employee’s 2nd anniversary)
- is subject to manager approval
- must be requested at least 3 weeks in advance. Please send all requests to the Growth Manager at Schedules@sparkleanmn.com
HOLIDAY CLOSURES
Sparklean will be closed on the following holidays: New Year’s Eve, New Year’s Day, Memorial Day, Independence Day, Labor Day, Thanksgiving, Christmas Eve and Christmas Day. These are unpaid days off. Unless an employee would like to use their accrued PTO. Hours may be available these days if an employee desires to work. Time and a half would be paid for any time worked on these holidays.
BEREAVEMENT LEAVE
Employees are allowed a reasonable amount of unpaid time off, not to exceed three (3) days leave of absence in the event of the death of an immediate member of their family.
JURY DUTY LEAVE
Sparklean encourages employees to fulfill their civic duties. To that end, employees will be allowed leave, but without pay, to serve on a jury, if summoned. Employees must bring in a copy of your jury summons notice as soon as you receive it, so that we may keep it on file. If you are called during a particularly busy period, we may ask you to request a postponement. Sparklean will provide additional documentation in this regard, if necessary, to help you obtain such postponement. Jury duty can last from several days to several months or more. During this time you will be considered on a leave of absence. Employees may retain any remuneration provided to them by the court for such service. Employees must keep their supervisor reasonably informed during the jury service as to how long it is expected to last and when the Employee is expected to return to work. Time off for jury service is unpaid.
WITNESS LEAVE
An Employee called to appear as a witness will be permitted time off to appear, but without pay. Employees must bring a copy of the witness subpoena, or a letter from a licensed attorney, or court official stating the date and time for the witness testimony or other participation in a lawsuit.
VOTING TIME OFF
Sparklean encourages all employees to vote. Most polling facilities for elections for public office are scheduled to accommodate working voters. Sparklean, therefore, requests that employees schedule their voting for before or after their work shift. An employee who expects a conflict, however, should notify the Owner in advance so that schedules can be adjusted if necessary and appropriate. Sparklean shall provide time off as may be required for an Employee to vote in any election or serve as an election judge in their jurisdiction of residence. Employees should strive to vote or serve as a judge during dates and times when they are not scheduled to work. If that is not possible, they must ask their supervisor in advance for time off to vote or serve as a judge and time off arrangements will be reasonably made.
MILITARY LEAVE
Employees who are uniformed members of the Armed Force will be provided leave for military duty as required by law. Employees seeking such leave must bring the notice of service to their supervisor at least ten (10) business days before the scheduled date of service. Time off arrangements will be reasonably made. Military time off is unpaid. Employees serving in the reserve or National Guard may take unpaid military leave, as needed, to enable them to fulfill their obligations as reservists or Guard members. Sparklean will grant an unpaid Military Leave to employees who are absent from work because they are serving in the U.S. uniformed services in accordance with the Uniformed Services Employment and Reemployment Rights Act (USERRA). When you return from Military Leave, you will be reinstated to your previous position or a position of similar seniority, status and pay you would have attained if you had remained continuously employed. For the purpose of determining benefits that are based on length of service, you will be treated as if you had been continuously employed. If you have questions about Military Leave, contact the Owner.
FAMILY MILITARY LEAVE
Sparklean will grant an unpaid leave of absence of up to 10 working days to qualified employees under the following conditions: The employee's immediate family member must be a member of the armed forces and has been injured or killed while engaged in active service, or The employee's immediate family member has been ordered into active service in support of a war or other national emergency. Immediate family members include parent, child, grandparents, spouse or siblings. The employee should give Sparklean as much notice as practicable to take a leave under this policy.
WORKING PARENT RIGHTS
Nursing Mothers, Lactating Employees, and Pregnancy Accommodations
Minnesota’s Nursing Mothers, Lactating Employees, and Pregnancy Accommodations law (Minnesota Statutes § 181.939) gives pregnant and lactating employees certain legal rights.
Pregnant employees have the right to request and receive reasonable accommodations, which may include, but are not limited to, more frequent or longer breaks, seating, limits to heavy lifting, temporary transfer to another position, temporary leave of absence or modification in work schedule or tasks. An employer cannot require an employee to take a leave or accept an accommodation.
Lactating employees have the right to reasonable paid break times to express milk at work unless they are expressing milk during a break that is not usually paid, such as a meal break. Employers should provide a clean, private and secure room that is not a bathroom near the work area that includes access to an electrical outlet for employees to express milk.
It is against the law for an employer to retaliate, or to take negative action, against a pregnant or lactating employee for exercising their rights under this law.
PREGNANCY AND PRENATAL LEAVE
Employees may take up to 12 weeks of unpaid leave during pregnancy or upon the birth or adoption of their child. Employees are eligible for this leave regardless of the size of their employer and the amount of time for which they have worked for the employer.
The leave must be taken within 12 months of the birth or adoption. Employees must request the leave from their employer. Employees can choose when the leave will begin. Sparklean can adopt reasonable policies about when requests for leave must be made.
This leave may be taken for:
● prenatal care;
● incapacity due to pregnancy or related health conditions;
● childbirth or adoption; or
● bonding time by a birthing or non-birthing parent after the birth or adoption of the child.
You may also be able to use employer-provided benefits, such as sick leave or disability leave, if you are sick during pregnancy or to recover after childbirth.
SCHOOL CONFERENCE AND ACTIVITIES LEAVE
Sparklean grants employees up to a total of 16 hours unpaid leave per year to attend their children’s school conferences, classroom activities, child care or other early childhood programs. Time off for such leave must be requested at least ten (10) days in advance of when the time off is requested.
FAMILY MEDICAL LEAVE ACT
Currently, the Family and Medical Leave Act does not apply to Sparklean because it is below the maximum number of employee thresholds of that law. However, certain state laws may provide that some parental or other leave must be provided due to specific circumstances in keeping with the laws.
Employees who have been employed by Sparklean for at least one (1) year may apply for personal leaves of absence for up to eight weeks. Personal leaves are unpaid and are discretionary with the management of Sparklean. When considering a request for a personal leave, Sparklean will consider factors such as the Employee’s position, the Employee’s length of service, the Employee’s performance record including attendance, the purpose of the leave, the needs of the department in which the Employee works, the effect of the leave on other Employees, and Sparklean’s general business needs.
Personal leaves generally are unpaid. However, accrued paid time off may be used to continue an Employee’s pay during the leave. Vacation and sick and safe leave (PTO) days will not continue to accrue during the leave of absence.
Employees who fail to report to work after an approved leave of absence are deemed to have voluntarily resigned. When an approved leave has been exhausted, the employee may request additional leave. The Owner must approve all such leave at the Owner’s sole discretion
OTHER TIME OFF AS MANDATED BY LAW
Certain jurisdictions provide that employers must provide unpaid time off for other essential vital life events, such as bone marrow donations and certain “parental leave” in Minnesota. Employees should strive to schedule these times off during dates and times when they are not scheduled to work Sparklean will adhere to the legal requirements for such leave in the applicable jurisdiction. Employees must inform their supervisor reasonably well in advance of such dates as is possible. Arrangements will be reasonably made with consideration to the needs of the Employee, Sparklean’s business operations, and applicable laws.
SOCIAL MEDIA POLICY
Sparklean encourages employees to share information with co-workers and with those outside the company for the purposes of gathering information, generating new ideas, and learning from the work of others. Social media provide inexpensive, informal, and timely ways to participate in an exchange of ideas and information. However, information posted on a website is available to the public and, therefore, the company has established the following guidelines for employee participation in social media.
Note: As used in this policy, “social media” refers to blogs, forums, and social networking sites, such as Twitter, Facebook, LinkedIn, YouTube, Instagram, and SnapChat, among others.
OFF-DUTY USE OF SOCIAL MEDIA
Employees may maintain personal websites or weblogs on their own time using their own facilities. Employees must ensure that social media activity does not interfere with their work. In general, the company considers social media activities to be personal endeavors, and employees may use them to express their thoughts or promote their ideas.
ON-DUTY USE OF SOCIAL MEDIA
Employees may engage in social media activity during work time provided it is directly related to their work, approved by their manager, and does not identify or reference company clients, clients, or vendors without express permission. The company monitors employee use of company computers and the Internet, including employee blogging and social networking activity.
RESPECT
Demonstrate respect for the dignity of the company, its owners, its clients, its vendors, and its employees. A social media site is a public place, and employees should avoid inappropriate comments. For example, employees should not divulge Sparklean confidential information such as trade secrets, client lists, or information restricted from disclosure by law on social media sites. Similarly, employees should not engage in harassing or discriminatory behavior that targets other employees or individuals because of their protected class status or make defamatory comments. Even if a message is posted anonymously, it may be possible to trace it back to the sender.
POST DISCLAIMERS
If an employee identifies himself or herself as a company employee or discusses matters related to the company on a social media site, the site must include a disclaimer on the front page stating that it does not express the views of the company and that the employee is expressing only his or her personal views. For example: “The views expressed on this website/Weblog are mine alone and do not necessarily reflect the views of my employer.” Place the disclaimer in a prominent position and repeat it for each posting expressing an opinion related to the company or the company’s business. Employees must keep in mind that if they post information on a social media site that is in violation of company policy and/or federal, state, or local law, the disclaimer will not shield them from disciplinary action.
COMPETITION
Employees should not use a social media to criticize the company’s competition and should not use it to compete with the company.
CONFIDENTIALITY
Do not identify or reference company clients, clients, or vendors without express permission. Employees may write about their jobs in general but may not disclose any confidential or proprietary information. For examples of confidential information, please refer to the confidentiality policy. When in doubt, ask before publishing.
NEW IDEAS
Please remember that new ideas related to work or the company’s business belong to the company. Do not post them on a social media site without the company’s permission.
LINKS
Employees may provide a link from a social media site to the company’s website during employment (subject to discontinuance at the company’s sole discretion). Employees should contact the Web design group to obtain the graphic for links to the company’s site and to register the site with the company.
TRADEMARKS AND COPYRIGHTS
Do not use the company’s or others’ trademarks on a social media site, or reproduce the company’s or others’ material without first obtaining permission.
AVOID STATEMENTS ABOUT THE COMPANY’S FUTURE
Because the company is privately held, writing about projected growth, sales and profits, future products or services, marketing plans, or the stock price may violate trade secrets, confidentiality or other applicable policies or laws.
LEGAL
Employees are expected to comply with all applicable laws, including but not limited to, Federal Trade Commission (FTC) guidelines, copyright, trademark, and harassment laws.
COMPANY RESTRICTIONS
Because the company is privately held, it may require that employees temporarily confine social media commentary to topics unrelated to the company or that employees temporarily suspend such activity to ensure compliance with regulations or other laws. The company may also require employees to delete references to it on a website or Web log and to stop identifying themselves as an employee of the company.
DISCIPLINE
Violations of this policy may result in discipline up to and including immediate termination of employment.
Note: Nothing in this policy is meant to, nor should it be interpreted to, in any way limit your rights under any applicable federal, state, or local laws, including your rights under the National Labor Relations Act to engage in protected concerted activities with other employees to improve or discuss terms and conditions of employment, such as wages, working conditions, and benefits.
WAGE DISCLOSURE PROTECTIONS
In accordance with Minnesota law, Sparklean does not prohibit employees from discussing his or her own wages, and will not take any adverse employment action against an employee for disclosing the employee's own wages or discussing another employee's disclosed voluntarily wages.
However nothing in this section shall be construed to:
● Create an obligation for the employer or any employee to disclose wages;
● Permit an employee, without the written consent of the employer, to disclose
proprietary information, trade secret information, or information that is otherwise subject
to a legal privilege or protected by law;
● Diminish or interfere with any existing rights of the employee or Sparklean under the National Labor Relations Act, U.S. Code Chap. 29, or Minnesota Stat. 181.172; or
● Permit the employee to disclose wage information of other employees to a
competitor of their employer.
PERSONNEL FILE
Sparklean maintains a personnel file on each employee. The purpose of this file is to allow us to make decisions and take actions that are personally important to you, including notifying your family in case of emergency, calculating income tax deductions and withholding, and paying for appropriate insurance coverage. It is impossible to list the types of documentation we keep in your personnel file. We do not keep medical records or work eligibility forms in your personnel file. Those are kept separately.
Personnel files are the property of Sparklean. Generally, only management personnel of Sparklean who have a legitimate reason to review information in a file are allowed to do so in accordance with state law.
Employees who wish to review their own file should contact the Owner. With reasonable advance notice, employees may review their own personnel file one time in any six month period.
Within seven working days of receiving your request (or within 14 working days if your personnel records are stored out of state), we will make available for your review either your original file or an accurate copy of your file. You will have access to your file during normal operating hours either at your job site or at a nearby location. We may require that this review take place in the presence of a company representative or other agent of Sparklean. After you have had an opportunity to review your file, you may make a written request for a copy of the record. If you make such a request, we will provide you with a copy of your file at no charge to you.
After your separation from employment (for whatever reason), you may review your file once annually for as long as we maintain the record. If you make a good faith, written request to review your file after you employment with us has ended, we will provide a copy of your file at no cost to you.
If, after reviewing your file, you dispute specific information contained in the record, we may agree to remove or revise the disputed information. If no such agreement is reached, you are entitled to submit a written statement of no more than five pages explaining your position. This position statement will be included in your file, along with the disputed information, for as long as we maintain the record.
We will not retaliate against you for asserting your rights under the Minnesota Personnel Records Statute.
WORKERS’ COMPENSATION INSURANCE
If you suffer from an illness or injury that is related to your work, you may be eligible for Workers’ Compensation benefits. Workers’ Compensation will pay for medical care and lost wages resulting from job related illnesses or injuries as the law provides. If you are injured or become ill through work you must inform the Owner immediately, regardless of how minor the injury or illness might be. Employees must communicate with Owner about the details of the incident so that the Owner can completely and promptly fill out First Reports of Injury.
Workers compensation is intended to cover only work-related injuries and illnesses. Because of this, neither Sparklean nor our insurance carrier will be liable for the payment of Workers’ Compensation benefits for injuries that might occur during employee’s voluntary participation in off-duty recreational, social or athletic activities that we may sponsor.
TERMINATION OF EMPLOYMENT
Termination of employment is an inevitable part of personnel activity within any organization and many of the reasons for- termination fall into one of four categories. These are some of the most common circumstances for employment terminations:
Resignation – voluntary employment termination initiated by an employee.
Discharge – involuntary employment termination initiated by Sparklean.
Layoff – involuntary employment termination initiated by the organization for non-corrective reasons.
Retirement – voluntary employment termination initiated by the employee meeting age, length of service and any other criteria for retirement from the organization.
Sparklean and its employees share a working relationship defined as, employment-at-will. Simply stated, employment-at-will means that in the absence of a specific written agreement, you are free to resign at any time, and Sparklean reserves the right to terminate your employment for any reason (which does not violate any applicable law) with or without prior notice.
If you wish to resign, you are requested to notify the Owner of your anticipated departure date at least 14 days in advance. This notice should be in the form of a written statement.
If you leave Sparklean in good standing, you may be considered for re-employment. In the case that you are rehired, you will be considered a new employee with respect to seniority, and may include a new rate of pay.
SEPARATION
Either Sparklean or the Employee may initiate separation from employment. Sparklean encourages employees to provide at least fourteen (14) calendar days advance written notice prior to intended separation. Circumstances under which separation may occur include:
RESIGNATION
Employees are encouraged to give at least fourteen (14) calendar days advance written notice. Since a longer period is desired, the intention to resign should be made known to Sparklean as far in advance as possible. Employees who resign are entitled to receive accrued, unused Vacation benefits in keeping with this Handbook.
TERMINATION OR LAY-OFF
Under certain circumstances, the termination or lay‐off of an employee may be necessary. Employees who are terminated or laid off are entitled to receive accrued, unused benefits in keeping with this Handbook. The Owner has authority to discharge an employee from the employ of Sparklean. As stated above, all employment at Sparklean is “at‐will.” At the sole discretion of the Owner, the Employee may be asked to leave immediately or be given a period of days to complete employment. Neither a performance evaluation, exit interview, nor any form of progressive discipline or prior notice is a prerequisite to termination or separation.
RETURN OF PROPERTY
In the event of separation from employment, or immediately upon request by the Owner or his or her designee, Employees must return all Sparklean and customer property that is in their possession or control. Sparklean also may take any action deemed appropriate and lawful to recover or protect its property.
Employees who are responsible for Sparklean equipment, property and work products that may be issued to them and/or are in their possession or control, including but not limited to: Identification badges, office/building keys, computers, electronic/voice mail codes, intellectual property and confidential materials (e.g., written materials, work products), cleaning supplies and equipment, and client keys/fobs.
GENERAL PROVISIONS
REMEDIES
Sparklean's remedies under these employment terms shall be cumulative, and no act shall bar Sparklean from pursuing any remedy available under applicable law.
EFFECT OF BREACH
Employee agrees that the length of time applicable to the provisions set forth in this Handbook shall not include any period of breach or any period during which Sparklean seeks to enforce its rights under this Agreement.
INJUNCTIVE RELIEF
Employee acknowledges that a breach or threatened breach of employment terms would cause Sparklean to suffer harm that may not be fully compensated by money damages alone. Accordingly, Employee understands and agrees that, in addition to any other remedies available at law, Sparklean has the right to enforce the employment terms by applying for and obtaining temporary and/or permanent injunctive relief.
ATTORNEYS FEES
To the extent permitted by law, Sparklean is entitled to collect from Employee the attorneys' fees and costs reasonably incurred by Sparklean in enforcing the terms of employment and/or in seeking to protect its rights hereunder, whether or not litigation is commenced, including, but not limited to, taking action to request and obtain injunctive relief and/or taking action to request, obtain and collect damages.
WAIVER
Failure by Sparklean to declare any breach or exercise any right under this Agreement will not waive the breach or right, and Sparklean will have the right at any time to declare breach and take any action permitted by law and/or equity. Sparklean's failure to exercise its rights with respect to Employee's violation of any provision of employment terms shall not operate or be construed as a waiver of any other violation of such provision or any other provision of these employment terms.
SURVIVAL
Any language of this policy that by its nature would reasonably be expected to survive termination of the employment relationship, shall survive such termination.
INVALID PROVISIONS
If any one or more of the provisions of this Employment Handbook, or the applicability of any such provision to a specific situation, is held invalid or unenforceable, such provision shall be modified to the minimum extent necessary to make it or its application valid and enforceable, and the validity and enforceability of all other provisions of this Employment Handbook and all other applications of any such provision shall not be affected thereby.
This is the end of this Employee Handbook