Preview
FILED: NEW YORK COUNTY CLERK 08/02/2019 09:20 AM INDEX NO. 650175/2017
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 08/02/2019
Exhibit 8
gg
Prestige
Employee Administrators
Prestige Employee Administrators,
For
Intimo, Inc.
Employee Handbook
This Haiidbook is the property of Prestige Employee Administrators, Inc. ("Prestige")
FILED: NEW YORK COUNTY CLERK 08/02/2019 09:20 AM INDEX NO. 650175/2017
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 08/02/2019
Once the Handbook is reviewed completely,
Please fillout acknowledgment and fax back to:
Prestige Employee Administrators. Inc.
Fax # 516-692-8507
INTIMO, INC.
HANDBOOK ACKNOWLEDGMENT FORM
I agree that as an employee of Intimo, Inc., I am subject to the terms and cGa
attached Handbook.
I also ackñûwledge that I have received a copy of this HandbGGk. I have read t
and I understand it.
I accept, and agree to comply with, the policies and procedures as set forth in
and any amendments, including, but not limited to, those relating to discrimination
harassment and the complaint procedure therein. While the Company will attemp
me with advance notice of any changes to its policies and procedures, I understand
policies and procedures may be changed, interpreted, withdrawn or added
management of the Campany at any time at the sole option of the Company, w
prior notice to me.
I have read the Emp|cyee Handbook in its entirety. I understand that my em
not for any fixed period of time, and that the Handbook is not a contract.
emplayse at will. I may resign at any time for any reason or for no reaso
Company may terminate my employmant at any time for any reason or fo
with or without notice.
Employee Name: ___
Employee Signature:
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NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 08/02/2019
TABLE OF CONTENTS
HANDBOOK ACKNOWLEDGMENT FORM
WELCOME ..........................
MISSION STATEMENT ........ .
INTRODUCTORY STATEMENT........
"THE WAY WE WORK"...................
A WORD ABOUT THIS HANDBOOK........................................................................................................
WORKPLACE POLICIES....
EQ UAL EMPLOYMENT OPPORTUNITY POLICY...................................................................................
ANTI-HARASSMENT POLICY .................................................................................................................6
Definition of Harassment....................................................................................................................................6
Reporting and Complaint Procedure..................................................................................................................6
Discipline.............................................................................................................................................................7
DRUG/ ALCOHOL POLICY ......................................................................................................................
NO SMOKING POLICY.............................................................................................................................
RESTRICTIONS ON DISCLOSURE OF CONFIDENTIAL INFORMATION .....................................
NON-COMPETITION AGREEMENT .....-.............-...................................................................................
CODE OF CONDUCT...............................................................................................................................
Compliance with the Law....................................................................................................................................8
LITERATU RE DISTRIBUTION AND SOLICITATION...............................................................................
DISCIPLINARY AND EMPLOYEE CONDUCT POLICIES .......................................................................
ELECTRONIC COMMUNICATION TOOLS - ACCEPTABLE USE POLICY ...................................
Acceptable Use of Electronic Communications...............................................................................................
Unacceptable Use of Electronic C:::::zzi:ations...........................................................................................
SECURITY AND ACCESS TO PREMISES AND SYSTEMS................................................................
SOFTWARE POLICY STATEMENT.......................................................................................................
CELLULAR PHONE POLICY..................................................................................................................
DRESS CODE AND MISC. EXPECTATIONS........................................................................................
EXPENSE REIMBURSEMENT ..............................................................................................................
TRAVEL GUIDELINES.....................................................................................................................................
ATTENDANCE........................................................................................................................................
WORKING FROM HOME/WAREHOUSE ..............................................................................................
INTRODUCTORY PERIOD ....................................................................................................................
PERFORMANCE REVIEWS ..................................................................................................................
PURCHASE ORDERS AND OTHER AGREEMENTS...........................................................................
OPEN DOOR POLICY ............................................................................................................................
OTHER POLICIES
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TIME RECORDS ....................................................................................................................................18
OVERTIME .............................................................................................................................................18
COMPENSATION.........
PAY CYCLE/ DIRECT DEPOSIT............................................................................................................19
Administrative Errors........................................................................................................................................19
EMPLOYEE BENEFITS
HEALTH INSURANCE............................................................................................................................20
DENTAL AND VISION INSURANCE......................................................................................................20
LIFE INSURANCE ..................................................................................................................................20
401K .......................................................................................................................................................20
WORKERS'
COMPENSATION..............................................................................................................20
SHORT-TERM DISABILITY....................................................................................................................20
TIME OFF BENEFITS ("TOB")................................................................................................................21
VACATION..............................................................................................................................................21
S/CK 11ME.........................................................................................................................................................21
Scheduling.........................................................................................................................................................22
Record Keeping.................................................................................................................................................22
LEGAL HOLIDAYS.................................................................................................................................22
OFFICE CLOSURES..............................................................................................................................22
ELECTION DAY......................................................................................................................................22
LEAVES
MATERNTY LEAVE................................................................................................................................23
Absence Reporting.......................................................................................................................................23
MEDICAL LEAVES OF ABSENCE.........................................................................................................23
MILITARY LEAVE OF ABSENCE...........................................................................................................24
BEREAVEMENT LEAVE........................................................................................................................25
JURY DUTY............................................................................................................................................25
GENERAL
PERSONNEL RECORDS.......................................................................................................................25
PERSONAL PROPERTY........................................................................................................................25
SEPARATION OF EMPLOYMENT
RESIGNATION OR VOLUNTARY TERMINATION................................................................................26
Criiñüüilen of Health Insurance Coverage...................................................................................................26
Return ofthe Company Property......................................................................................................................26
Jurisdiction........................................................................................................................................................26
FILED: NEW YORK COUNTY CLERK 08/02/2019 09:20 AM INDEX NO. 650175/2017
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 08/02/2019
WELCOME
I welcome you to Intimo, Inc. and wish you every success here.
This Handbook was developed by Prestige for the utilization of Intimo, Inc. Pres
Company are co-employers. In a co-employmênt relationship, duties and respons
a!!ocatarl between Prestige and the Company. Both are your employers.
Professional Employer Organization (PEO). Prestige is responsible for activitie
normally associated with an employer with significant administrative duties, includin
of wages, withholding of taxes, and providing employee benefits and other huma
programs. Prestige will be administering all of the emp|oymêñt policies, huma
procedures and benefits, on behalf of Intimo, Inc. AII human resources referen
Handbook should be directed to Prestige. Employees should familiarize themselves
contents of this Handbook as soon as possible, for it will answer many que
employment with the Company.
We hope that your experience here will be clialleiigliig, enjoyable and rewardin
welcome!
Sincerely,
Sonia Centeno
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NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 08/02/2019
MISSION STATEMENT
"Missions"
One of the of the Company is that we constantly strive to improve the
provide our customers and to foster positive relations with our emp:ûyees. By c
customers/clients and committing to short-term and long-term goals, we vow to
cümmitments and to deliver on our promises. Employees are encouraged to share
and suggestions with regard to policy and service with their supervisors o
managers or, ifappropriate, a Human Resources Specialist of Prestige.
Ifyou have questions regarding any policy, benefit, or rule cGataiiled in this Handboo
direct them to a Prestige Human Resources Specialist who will endeavor to find
your question.
Again, we welcome you to the team and wish you success in your empicyiileiit, a
to match your ambition and capabilities.
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INTRODUCTORYSTATEMENT
This Handbook is designed to acquaint you with the Company and to provid
information about working conditions, employee benefits, and some of the policies
employment. You should read, understand, and comply with all provisions of the
describes many of your responsibilities as an employee and outlines the programs
by the Company to benefit employees. No employee Handbook can anti
circumstance or question about policy, therefore the Cassipcxiiy reserves the r
supplement, or rescind any policies or portion of the Handbook from time to time
appropriate, in its sole and absolute discretion. Suggestions by employees on
welcomed.
These policies and procedures describe our employment guidelines. Although e
expected to follow the provisions of the Handbook, the policies and procedures
not intended to create, and do not create, an employment contract for any employee
the Company or with Prestige.
While we hope that your emp!cymêñt relationship with the Co...,,-.., will
rewarding and long-term, this Handbook is not, and should not be cons
contract of emp|cymêñt nor a guaranty of smpicyment for any specific pe
Your employment relationship with the Company (or for that matter with
termiñab|ê (at-will) by you or the Company; that is, either you or the Compan
this relationship at any time, for any reason or for no reason and with or wit
No one is authorized to enter into any agreement on behalf of the Comp
intoñded to alter the at-will smp|Gyment relationship except for Nathan Nath
Nathan or Moris Zilkha, provided such agreement is in writing and signed
Nathan, Tommy Nathan or Moris Zilkha.
FILED: NEW YORK COUNTY CLERK 08/02/2019 09:20 AM INDEX NO. 650175/2017
NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 08/02/2019
WORK"
"THE WAY WE
A WORD ABOUT THIS HANDBOOK
The policies outlined in this Handbook should be regarded as management gu
which in any business will require changes from time to time. The Company retains
make decisions involving employment issues as needed.
While this Handbook addresses the current benefit plans maintained by the Carap
refer to the actual documents and summary plans periodically. Intimo, Inc. reserves
change the plans as needed. All employees will be periodically notified if such a
place, or upon the renewal date of the current policies. This Handbook a
documents distributed by the Company are not contractual in nature and are not
any continuation of benefits.
Prestige Employee Administrators, Inc also abides by the employment-at-will
doctrine permits the employer or the employee to terminate the employment relation
time, for any reason, with or without notice. Neither the policies contained within
Handbook, nor any other written or verbal communication is intended to create
employment or a warranty of benefits. The Cürapañy has the discretion to add
change any policy contained in this Handbook except employment-at-will.
WORKPLACE POLICIES
EQUAL EMPLOYMENT OPPORTUNITY POLICY
Intimo, Inc. is committed to administering all employment-related matters in accordanc
principle of equal opportunity. Employees and applicañts for employment
discriminated against regardless of race, color, religion, gender, age, national ori
veteran status or any other category protected by the law. It is the policy of the
comply with all laws that prohibit discrirniñaticñ in employment, based in any of
mentioned categories. This anti-discriminatory policy applies to all terms and
erap|üyrñéñt. The Company also expects that each employee will abide by the
Discriminatory or harassing behavior or actions by any employee is cause for dis
and including immediate dismissal from employment.
Employees who believe they are being harassed or treated unfairly are encouraged
procedures described below in this Handbook for reporting and dealing with
employment practices.
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ANTI-HARASSMENT POLICY
The Company is committed to próviding a workplace free of sexual harassment
harassment based on race, color, religion, national origin, age, disability, or any
protected by law. Intimo, Inc. strongly disapproves of and will not tolerate
employees by supervisors, managers, co-workers or from anyone else. The Com
atterñpt to protect employees from harassment by non-employees in the workplace.
Definition of Harassment
Harassment includes verbal, physical or visual conduct that creates an intimidating,
hostile working environment or that unreascñably interferes with job performance.
sexual harassment includes any request or demand for sexual favors that is implicitly
expressly a condition for employment or continued employment. Some examples
harassment include sexual advances or suggestions; unwelcome sexually oriented
display or distribution of offensive photographs, posters or cartoons; and any unweic
intentional touching of the intimate areas of another person's body. Harassment m
include offensive sexual, racial, or ethnic slurs, jokes or other similar conduct.
Reporting and Complaint Procedure
Any employee who believes he or she has been a victim of sexual or workplace
whether by a co-worker, a business associate who is directly or indirectly in
potential business relationship, or by anyone else at the workplace should report
to their supervisor, to a top management official at the job-site where you work, o
Human Resources Specialist. The Company takes complaints of discrimination an
very seriously. Thus, while we encourage employees to put their c0ñcerns in writing,
need to file a complaint or follow any formal chain of command. Employees may f
to their supervisor, top managerñent or discuss any issues of concern with Presti
Resources Specialist at any time. If reported to a Prestige Human Resources
Human Resources Specialist will work with the Company and with you in an attempt
a resolution. The final reso!ution will, however, rest with the Company. These
not fester. They should be reported and resolved.
Anyone who receives a complaint or who observes harassing conduct should
inform Human Resources.
Every reported complaint of harassment will be investigated thoroughly, promptl
professional manner. The Company will protect the confidentiality of harassment
the extent possible. While the Company cannot guarantee complete confidentiality,
about the allegation of harassment will be shared only with those who need to kn
as required by law. No employee will be retaliated against for making a complaint
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Discipline
When it determines that unlawful harassment has occurred, the Company will ta
and appropriate corrective action designed to stop the harassment and
recurrence. Discip!!nary action for a violation of this can range from verb
policy
warnings up to and including termination from empicyment.
DRUG/ ALCOHOL POLICY
The Company is committed to maintaining a safe and productive work environ
employee who is under the influence of drugs or alcohol poses a threat to indiv
productivity and quality. As such, the manufacture, sale, distribution, dispensation,
or use of illegal drugs, controlled substances (except as allowed by law) or alcohol
premises, in any vehicle being owned or leased by the Company, or being used
premises during Company business hours, or at any Company worksite is prohi
includes all land, property, buildings, parking lots, Company or customer vehicles
vehicles on the Company or any client of the Company's premises.)
Employees are prGhibited from being at work while under the influence of alcohol,
or controlled substances (except as allowed by law). Any employee violating this
be subject to disciplinary action up to and including immediate discharge.
NO SMOKING POLICY
For the comfort and safety of our employees, smoking is not allowed on the premise
Inc.
RESTRICTIONS ON DISCLOSURE OF CONFIDENTIAL INFORMATION
Emp|üyees have access to highly confidential and proprietary information and trade
only of the Company, but also of the customers it serves. The unauthorized disclosur
such infürmatian would have a material adverse impact on the Company, on our
on our relationships with our customers. The Company follows a policy intended
customers'
itself and its confidential, proprietary information and trade secrets.
employee confidentiality, employees, as a condition of their employment, are requir
confidentia|ity agreement. No matter what the job, disclosure of confidential
proprietary inferinatica, and trade secrets should not be made. Employees sho
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It shall be against company policy to remove from Intimo, dup!!cates, originals, repr
copies of: E-mails, documents, phone books, phone logs or lists, designs, product
sheets, line lists, sell sheets, notes, drawings, data, st0rage material inclusive of e
and other material of any nature pertaining to employee's employment with Intimo.
or removing any such material for the purpose of sending itto any third party is stric
pichibited, unless this is within your normal course of business and a requirement
duties. Upon termination of employment, you will be required to sign a statement
not removed or made any such information or data available to third parties.
NON-COMPETITION AGREEMENT
AII full time empicyees at the New York City office are required to complete our "Co
Compete"
Interest Policy and Covenant Not To agreement. A copy of this agreement
made available to you either when you are employed or shortly thereafter. When
with this document, you will have three business days to examine, sign and return
document. More time will be made available upon request if a special circumstance
CODE OF CONDUCT
Itis the policy of the COmpany that its business be conducted according to the
standards and in compliance with all applicable laws and regulations. Emplo
Company must conduct their affairs with uncompromising integrity and honesty. P
level are expected to adhere to high standards of business ethics. Each e
custodian of the Company's reputation.
Company employees who fail to comply with the Code of Conduct will be subject
action, up to and including termination of employment.
Compliance with the Law
Observance of the law and the legal system is a fundamental principle for the Com
employee shall obey the laws and regulations of the legal systems in which the
Employees must avoid viciating the law in all circumstances. Any employee wh
law is subject to disciplinary action, up to and including termination of employment,
not the illegal conduct occurred while the employee was on-duty. Every employee
engaging in any personal activity, investment, interest or association that would
appear to interfere, with the independent exercise of his or her judgment in situation
an employee's personal interest.
LITERATURE DISTRIBUTION AND SOLICITATION
Employees may not distribute literature or printed materials of any kind, sell merchan
financial or solicit for other cause their time. E
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DISCIPLINARY AND EMPLOYEE CONDUCT POLICIES
Corrective action, which can range from a verbal to immediate dismiss
warning
Company, may be initiated for various reasons. The severity of the action will gene
on the nature of the violation or problem and the employee's work record.
Certain viG|aticñs are so severe that they can result in immedisie dismissal from
The following list contains some examples. It is not all-inclusive:
1. Theft or attempted theft from the Company, another employee, a custom
person doing business with the Company.
2. Dishonesty, misappropriation of Company or customer funds, unauthorize
Company or customer funds, falsifying Company or customer records,
(including material omissions) reports, time records, medical forms,
applications or other documents.
3. Fraudulent statements or actions involving Company records or business
4. Willful or careless destruction of or damage to material, equipment or proper
utilized by the Company, another employee, contractor, or a customer.
5. Disparagement of the Company to customers, new prospective
competitors.
6. Use, possession, manufacture, distribution, dispenselion, sale, purchase
the influence of alcohol or illegal drugs or abuse of prescription drugs while
Company premises or property during working hours or while on Company
7. Insubordination, refusal to do assigned work, refusal to accept a transfer,
out assignments, use of obscene or vulgar language and/or gestures o
behavici toward a manager, co-worker, customer, or toward anyone else.
8. Physical and/or verbal violence, threats, intimidation or harassment
employee, a customer or other person, or any other act that may interfere
and efficient operation of the Company.
9. Conviction of a felony or misdemeanor, or other violations of federal, state
(except for minor motor vehicle violations) when such vic|atiõn occurs
relates to work performance or adversely affects or impacts upon the Compa
10. Possession of a firearm or weapon on Company or customer premises,
FILED: NEW YORK COUNTY CLERK 08/02/2019 09:20 AM INDEX NO. 650175/2017
NYSCEF
Preview
FILED: NEW YORK COUNTY CLERK 08/02/2019 09:20 AM INDEX NO. 650175/2017 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 08/02/2019 Exhibit 8 gg Prestige Employee Administrators Prestige Employee Administrators, For Intimo, Inc. Employee Handbook This Haiidbook is the property of Prestige Employee Administrators, Inc. ("Prestige") FILED: NEW YORK COUNTY CLERK 08/02/2019 09:20 AM INDEX NO. 650175/2017 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 08/02/2019 Once the Handbook is reviewed completely, Please fillout acknowledgment and fax back to: Prestige Employee Administrators. Inc. Fax # 516-692-8507 INTIMO, INC. HANDBOOK ACKNOWLEDGMENT FORM I agree that as an employee of Intimo, Inc., I am subject to the terms and cGa attached Handbook. I also ackñûwledge that I have received a copy of this HandbGGk. I have read t and I understand it. I accept, and agree to comply with, the policies and procedures as set forth in and any amendments, including, but not limited to, those relating to discrimination harassment and the complaint procedure therein. While the Company will attemp me with advance notice of any changes to its policies and procedures, I understand policies and procedures may be changed, interpreted, withdrawn or added management of the Campany at any time at the sole option of the Company, w prior notice to me. I have read the Emp|cyee Handbook in its entirety. I understand that my em not for any fixed period of time, and that the Handbook is not a contract. emplayse at will. I may resign at any time for any reason or for no reaso Company may terminate my employmant at any time for any reason or fo with or without notice. Employee Name: ___ Employee Signature: FILED: NEW YORK COUNTY CLERK 08/02/2019 09:20 AM INDEX NO. 650175/2017 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 08/02/2019 TABLE OF CONTENTS HANDBOOK ACKNOWLEDGMENT FORM WELCOME .......................... MISSION STATEMENT ........ . INTRODUCTORY STATEMENT........ "THE WAY WE WORK"................... A WORD ABOUT THIS HANDBOOK........................................................................................................ WORKPLACE POLICIES.... EQ UAL EMPLOYMENT OPPORTUNITY POLICY................................................................................... ANTI-HARASSMENT POLICY .................................................................................................................6 Definition of Harassment....................................................................................................................................6 Reporting and Complaint Procedure..................................................................................................................6 Discipline.............................................................................................................................................................7 DRUG/ ALCOHOL POLICY ...................................................................................................................... NO SMOKING POLICY............................................................................................................................. RESTRICTIONS ON DISCLOSURE OF CONFIDENTIAL INFORMATION ..................................... NON-COMPETITION AGREEMENT .....-.............-................................................................................... CODE OF CONDUCT............................................................................................................................... Compliance with the Law....................................................................................................................................8 LITERATU RE DISTRIBUTION AND SOLICITATION............................................................................... DISCIPLINARY AND EMPLOYEE CONDUCT POLICIES ....................................................................... ELECTRONIC COMMUNICATION TOOLS - ACCEPTABLE USE POLICY ................................... Acceptable Use of Electronic Communications............................................................................................... Unacceptable Use of Electronic C:::::zzi:ations........................................................................................... SECURITY AND ACCESS TO PREMISES AND SYSTEMS................................................................ SOFTWARE POLICY STATEMENT....................................................................................................... CELLULAR PHONE POLICY.................................................................................................................. DRESS CODE AND MISC. EXPECTATIONS........................................................................................ EXPENSE REIMBURSEMENT .............................................................................................................. TRAVEL GUIDELINES..................................................................................................................................... ATTENDANCE........................................................................................................................................ WORKING FROM HOME/WAREHOUSE .............................................................................................. INTRODUCTORY PERIOD .................................................................................................................... PERFORMANCE REVIEWS .................................................................................................................. PURCHASE ORDERS AND OTHER AGREEMENTS........................................................................... OPEN DOOR POLICY ............................................................................................................................ OTHER POLICIES FILED: NEW YORK COUNTY CLERK 08/02/2019 09:20 AM INDEX NO. 650175/2017 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 08/02/2019 TIME RECORDS ....................................................................................................................................18 OVERTIME .............................................................................................................................................18 COMPENSATION......... PAY CYCLE/ DIRECT DEPOSIT............................................................................................................19 Administrative Errors........................................................................................................................................19 EMPLOYEE BENEFITS HEALTH INSURANCE............................................................................................................................20 DENTAL AND VISION INSURANCE......................................................................................................20 LIFE INSURANCE ..................................................................................................................................20 401K .......................................................................................................................................................20 WORKERS' COMPENSATION..............................................................................................................20 SHORT-TERM DISABILITY....................................................................................................................20 TIME OFF BENEFITS ("TOB")................................................................................................................21 VACATION..............................................................................................................................................21 S/CK 11ME.........................................................................................................................................................21 Scheduling.........................................................................................................................................................22 Record Keeping.................................................................................................................................................22 LEGAL HOLIDAYS.................................................................................................................................22 OFFICE CLOSURES..............................................................................................................................22 ELECTION DAY......................................................................................................................................22 LEAVES MATERNTY LEAVE................................................................................................................................23 Absence Reporting.......................................................................................................................................23 MEDICAL LEAVES OF ABSENCE.........................................................................................................23 MILITARY LEAVE OF ABSENCE...........................................................................................................24 BEREAVEMENT LEAVE........................................................................................................................25 JURY DUTY............................................................................................................................................25 GENERAL PERSONNEL RECORDS.......................................................................................................................25 PERSONAL PROPERTY........................................................................................................................25 SEPARATION OF EMPLOYMENT RESIGNATION OR VOLUNTARY TERMINATION................................................................................26 Criiñüüilen of Health Insurance Coverage...................................................................................................26 Return ofthe Company Property......................................................................................................................26 Jurisdiction........................................................................................................................................................26 FILED: NEW YORK COUNTY CLERK 08/02/2019 09:20 AM INDEX NO. 650175/2017 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 08/02/2019 WELCOME I welcome you to Intimo, Inc. and wish you every success here. This Handbook was developed by Prestige for the utilization of Intimo, Inc. Pres Company are co-employers. In a co-employmênt relationship, duties and respons a!!ocatarl between Prestige and the Company. Both are your employers. Professional Employer Organization (PEO). Prestige is responsible for activitie normally associated with an employer with significant administrative duties, includin of wages, withholding of taxes, and providing employee benefits and other huma programs. Prestige will be administering all of the emp|oymêñt policies, huma procedures and benefits, on behalf of Intimo, Inc. AII human resources referen Handbook should be directed to Prestige. Employees should familiarize themselves contents of this Handbook as soon as possible, for it will answer many que employment with the Company. We hope that your experience here will be clialleiigliig, enjoyable and rewardin welcome! Sincerely, Sonia Centeno FILED: NEW YORK COUNTY CLERK 08/02/2019 09:20 AM INDEX NO. 650175/2017 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 08/02/2019 MISSION STATEMENT "Missions" One of the of the Company is that we constantly strive to improve the provide our customers and to foster positive relations with our emp:ûyees. By c customers/clients and committing to short-term and long-term goals, we vow to cümmitments and to deliver on our promises. Employees are encouraged to share and suggestions with regard to policy and service with their supervisors o managers or, ifappropriate, a Human Resources Specialist of Prestige. Ifyou have questions regarding any policy, benefit, or rule cGataiiled in this Handboo direct them to a Prestige Human Resources Specialist who will endeavor to find your question. Again, we welcome you to the team and wish you success in your empicyiileiit, a to match your ambition and capabilities. FILED: NEW YORK COUNTY CLERK 08/02/2019 09:20 AM INDEX NO. 650175/2017 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 08/02/2019 INTRODUCTORYSTATEMENT This Handbook is designed to acquaint you with the Company and to provid information about working conditions, employee benefits, and some of the policies employment. You should read, understand, and comply with all provisions of the describes many of your responsibilities as an employee and outlines the programs by the Company to benefit employees. No employee Handbook can anti circumstance or question about policy, therefore the Cassipcxiiy reserves the r supplement, or rescind any policies or portion of the Handbook from time to time appropriate, in its sole and absolute discretion. Suggestions by employees on welcomed. These policies and procedures describe our employment guidelines. Although e expected to follow the provisions of the Handbook, the policies and procedures not intended to create, and do not create, an employment contract for any employee the Company or with Prestige. While we hope that your emp!cymêñt relationship with the Co...,,-.., will rewarding and long-term, this Handbook is not, and should not be cons contract of emp|cymêñt nor a guaranty of smpicyment for any specific pe Your employment relationship with the Company (or for that matter with termiñab|ê (at-will) by you or the Company; that is, either you or the Compan this relationship at any time, for any reason or for no reason and with or wit No one is authorized to enter into any agreement on behalf of the Comp intoñded to alter the at-will smp|Gyment relationship except for Nathan Nath Nathan or Moris Zilkha, provided such agreement is in writing and signed Nathan, Tommy Nathan or Moris Zilkha. FILED: NEW YORK COUNTY CLERK 08/02/2019 09:20 AM INDEX NO. 650175/2017 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 08/02/2019 WORK" "THE WAY WE A WORD ABOUT THIS HANDBOOK The policies outlined in this Handbook should be regarded as management gu which in any business will require changes from time to time. The Company retains make decisions involving employment issues as needed. While this Handbook addresses the current benefit plans maintained by the Carap refer to the actual documents and summary plans periodically. Intimo, Inc. reserves change the plans as needed. All employees will be periodically notified if such a place, or upon the renewal date of the current policies. This Handbook a documents distributed by the Company are not contractual in nature and are not any continuation of benefits. Prestige Employee Administrators, Inc also abides by the employment-at-will doctrine permits the employer or the employee to terminate the employment relation time, for any reason, with or without notice. Neither the policies contained within Handbook, nor any other written or verbal communication is intended to create employment or a warranty of benefits. The Cürapañy has the discretion to add change any policy contained in this Handbook except employment-at-will. WORKPLACE POLICIES EQUAL EMPLOYMENT OPPORTUNITY POLICY Intimo, Inc. is committed to administering all employment-related matters in accordanc principle of equal opportunity. Employees and applicañts for employment discriminated against regardless of race, color, religion, gender, age, national ori veteran status or any other category protected by the law. It is the policy of the comply with all laws that prohibit discrirniñaticñ in employment, based in any of mentioned categories. This anti-discriminatory policy applies to all terms and erap|üyrñéñt. The Company also expects that each employee will abide by the Discriminatory or harassing behavior or actions by any employee is cause for dis and including immediate dismissal from employment. Employees who believe they are being harassed or treated unfairly are encouraged procedures described below in this Handbook for reporting and dealing with employment practices. FILED: NEW YORK COUNTY CLERK 08/02/2019 09:20 AM INDEX NO. 650175/2017 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 08/02/2019 ANTI-HARASSMENT POLICY The Company is committed to próviding a workplace free of sexual harassment harassment based on race, color, religion, national origin, age, disability, or any protected by law. Intimo, Inc. strongly disapproves of and will not tolerate employees by supervisors, managers, co-workers or from anyone else. The Com atterñpt to protect employees from harassment by non-employees in the workplace. Definition of Harassment Harassment includes verbal, physical or visual conduct that creates an intimidating, hostile working environment or that unreascñably interferes with job performance. sexual harassment includes any request or demand for sexual favors that is implicitly expressly a condition for employment or continued employment. Some examples harassment include sexual advances or suggestions; unwelcome sexually oriented display or distribution of offensive photographs, posters or cartoons; and any unweic intentional touching of the intimate areas of another person's body. Harassment m include offensive sexual, racial, or ethnic slurs, jokes or other similar conduct. Reporting and Complaint Procedure Any employee who believes he or she has been a victim of sexual or workplace whether by a co-worker, a business associate who is directly or indirectly in potential business relationship, or by anyone else at the workplace should report to their supervisor, to a top management official at the job-site where you work, o Human Resources Specialist. The Company takes complaints of discrimination an very seriously. Thus, while we encourage employees to put their c0ñcerns in writing, need to file a complaint or follow any formal chain of command. Employees may f to their supervisor, top managerñent or discuss any issues of concern with Presti Resources Specialist at any time. If reported to a Prestige Human Resources Human Resources Specialist will work with the Company and with you in an attempt a resolution. The final reso!ution will, however, rest with the Company. These not fester. They should be reported and resolved. Anyone who receives a complaint or who observes harassing conduct should inform Human Resources. Every reported complaint of harassment will be investigated thoroughly, promptl professional manner. The Company will protect the confidentiality of harassment the extent possible. While the Company cannot guarantee complete confidentiality, about the allegation of harassment will be shared only with those who need to kn as required by law. No employee will be retaliated against for making a complaint FILED: NEW YORK COUNTY CLERK 08/02/2019 09:20 AM INDEX NO. 650175/2017 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 08/02/2019 Discipline When it determines that unlawful harassment has occurred, the Company will ta and appropriate corrective action designed to stop the harassment and recurrence. Discip!!nary action for a violation of this can range from verb policy warnings up to and including termination from empicyment. DRUG/ ALCOHOL POLICY The Company is committed to maintaining a safe and productive work environ employee who is under the influence of drugs or alcohol poses a threat to indiv productivity and quality. As such, the manufacture, sale, distribution, dispensation, or use of illegal drugs, controlled substances (except as allowed by law) or alcohol premises, in any vehicle being owned or leased by the Company, or being used premises during Company business hours, or at any Company worksite is prohi includes all land, property, buildings, parking lots, Company or customer vehicles vehicles on the Company or any client of the Company's premises.) Employees are prGhibited from being at work while under the influence of alcohol, or controlled substances (except as allowed by law). Any employee violating this be subject to disciplinary action up to and including immediate discharge. NO SMOKING POLICY For the comfort and safety of our employees, smoking is not allowed on the premise Inc. RESTRICTIONS ON DISCLOSURE OF CONFIDENTIAL INFORMATION Emp|üyees have access to highly confidential and proprietary information and trade only of the Company, but also of the customers it serves. The unauthorized disclosur such infürmatian would have a material adverse impact on the Company, on our on our relationships with our customers. The Company follows a policy intended customers' itself and its confidential, proprietary information and trade secrets. employee confidentiality, employees, as a condition of their employment, are requir confidentia|ity agreement. No matter what the job, disclosure of confidential proprietary inferinatica, and trade secrets should not be made. Employees sho FILED: NEW YORK COUNTY CLERK 08/02/2019 09:20 AM INDEX NO. 650175/2017 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 08/02/2019 It shall be against company policy to remove from Intimo, dup!!cates, originals, repr copies of: E-mails, documents, phone books, phone logs or lists, designs, product sheets, line lists, sell sheets, notes, drawings, data, st0rage material inclusive of e and other material of any nature pertaining to employee's employment with Intimo. or removing any such material for the purpose of sending itto any third party is stric pichibited, unless this is within your normal course of business and a requirement duties. Upon termination of employment, you will be required to sign a statement not removed or made any such information or data available to third parties. NON-COMPETITION AGREEMENT AII full time empicyees at the New York City office are required to complete our "Co Compete" Interest Policy and Covenant Not To agreement. A copy of this agreement made available to you either when you are employed or shortly thereafter. When with this document, you will have three business days to examine, sign and return document. More time will be made available upon request if a special circumstance CODE OF CONDUCT Itis the policy of the COmpany that its business be conducted according to the standards and in compliance with all applicable laws and regulations. Emplo Company must conduct their affairs with uncompromising integrity and honesty. P level are expected to adhere to high standards of business ethics. Each e custodian of the Company's reputation. Company employees who fail to comply with the Code of Conduct will be subject action, up to and including termination of employment. Compliance with the Law Observance of the law and the legal system is a fundamental principle for the Com employee shall obey the laws and regulations of the legal systems in which the Employees must avoid viciating the law in all circumstances. Any employee wh law is subject to disciplinary action, up to and including termination of employment, not the illegal conduct occurred while the employee was on-duty. Every employee engaging in any personal activity, investment, interest or association that would appear to interfere, with the independent exercise of his or her judgment in situation an employee's personal interest. LITERATURE DISTRIBUTION AND SOLICITATION Employees may not distribute literature or printed materials of any kind, sell merchan financial or solicit for other cause their time. E FILED: NEW YORK COUNTY CLERK 08/02/2019 09:20 AM INDEX NO. 650175/2017 NYSCEF DOC. NO. 66 RECEIVED NYSCEF: 08/02/2019 DISCIPLINARY AND EMPLOYEE CONDUCT POLICIES Corrective action, which can range from a verbal to immediate dismiss warning Company, may be initiated for various reasons. The severity of the action will gene on the nature of the violation or problem and the employee's work record. Certain viG|aticñs are so severe that they can result in immedisie dismissal from The following list contains some examples. It is not all-inclusive: 1. Theft or attempted theft from the Company, another employee, a custom person doing business with the Company. 2. Dishonesty, misappropriation of Company or customer funds, unauthorize Company or customer funds, falsifying Company or customer records, (including material omissions) reports, time records, medical forms, applications or other documents. 3. Fraudulent statements or actions involving Company records or business 4. Willful or careless destruction of or damage to material, equipment or proper utilized by the Company, another employee, contractor, or a customer. 5. Disparagement of the Company to customers, new prospective competitors. 6. Use, possession, manufacture, distribution, dispenselion, sale, purchase the influence of alcohol or illegal drugs or abuse of prescription drugs while Company premises or property during working hours or while on Company 7. Insubordination, refusal to do assigned work, refusal to accept a transfer, out assignments, use of obscene or vulgar language and/or gestures o behavici toward a manager, co-worker, customer, or toward anyone else. 8. Physical and/or verbal violence, threats, intimidation or harassment employee, a customer or other person, or any other act that may interfere and efficient operation of the Company. 9. Conviction of a felony or misdemeanor, or other violations of federal, state (except for minor motor vehicle violations) when such vic|atiõn occurs relates to work performance or adversely affects or impacts upon the Compa 10. Possession of a firearm or weapon on Company or customer premises, FILED: NEW YORK COUNTY CLERK 08/02/2019 09:20 AM INDEX NO. 650175/2017 NYSCEF