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FILED: NEW YORK COUNTY CLERK 01/27/2020 12:37 PM INDEX NO. 650175/2017
NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 01/27/2020
Exhibit I
gg
Prestige
Employee Administrators
Prestige Employee Administrators, Inc.
For
Intimo, Inc.
Employee Handbook
This Handbook isthe property ofPrestige Employee Administrators, Inc. ("Prestige") and Intimo,
Inc. ("theCompany"). Itis forthe confidential use and infurrñativñ of employees of Prestige and
the Company. Itmay not be copied and must be returned to Prestige and the Company upon
request or upon termination of employment.
Issue Date: September 2010
9
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NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 01/27/2020
Once the Handbook isreviewed completely,
Please fill
out 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 cGaditians of the
attached Handbook.
I also ackñûwledge that I have received a copy of thisHandbGGk. I have read this Handbook,
and I understand it.
I accept, and agree to comply with, the policies and procedures as set forth inthis HañdbGGk
and any amendments, including, but not limited to, those relating to discrimination and sexual
harassment and the complaint procedure therein. While the Company willattempt to provide
me with advance notice of any changes to its policies and procedures, I understand thatthese
policies and procedures may be changed, interpreted, withdrawn or added to by the
management of the Campany at any time atthe sole option of the Company, with or without
prior notice to me.
I have read the Emp|cyee Handbook in itsentirety. Iunderstand that my emplayment is
not for any fixed period of time, and that the Handbook is not a contract. I am an
emplayse at will. Imay resign at any time for any reason or for no reason, and the
Company may terminate my employmant at any time for any reason or for no reason,
with or without notice.
Employee Name: ___
Employee Signature:
Date:
Please complete and fax back to: Prestige Emplcyee A trators at 516-692-8507
1Ò
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TABLE OF CONTENTS
Page
HANDBOOK ACKNOWLEDGMENT FORM I
WELCOME .......................... .--.2
MISSION STATEMENT ........ .. ................3
INTRODUCTORY STATEMENT........ ...................4
"THE WAY WE WORK"................... 5
A WORD ABOUT THIS HANDBOOK........................................................................................................
5
WORKPLACE POLICIES.... 5
EQ UAL EMPLOYMENT OPPORTUNITY POLICY...................................................................................
5
ANTI-HARASSMENT POLICY .................................................................................................................6
Definitionof Harassment....................................................................................................................................6
Reportingand Complaint Procedure..................................................................................................................6
Discipline.............................................................................................................................................................7
DRUG/ ALCOHOL POLICY ......................................................................................................................
7
NO SMOKING POLICY.............................................................................................................................
7
RESTRICTIONS ON DISCLOSURE OF CONFIDENTIAL INFORMATION .............................................
7
NON-COMPETITION AGREEMENT .....-.............-...................................................................................
8
CODE OF CONDUCT...............................................................................................................................
8
Compliance with the Law....................................................................................................................................8
LITERATU RE DISTRIBUTION AND SOLICITATION...............................................................................
8
DISCIPLINARY AND EMPLOYEE CONDUCT POLICIES .......................................................................
9
ELECTRONIC COMMUNICATION TOOLS - ACCEPTABLE USE POLICY 10
..........................................
AcceptableUse of Electronic 11
Communications...............................................................................................
Unacceptable Use of Electronic
C:::::zzi:ations...........................................................................................
//
SECURITY AND ACCESS TO PREMISES AND SYSTEMS................................................................
12
SOFTWARE POLICY STATEMENT.......................................................................................................
12
CELLULAR PHONE POLICY..................................................................................................................
13
DRESS CODE AND MISC. EXPECTATIONS........................................................................................
13
EXPENSE REIMBURSEMENT ..............................................................................................................
13
TRAVEL GUIDELINES.....................................................................................................................................
/4
ATTENDANCE........................................................................................................................................
15
WORKING FROM HOME/WAREHOUSE ..............................................................................................
16
INTRODUCTORY PERIOD ....................................................................................................................
16
PERFORMANCE REVIEWS ..................................................................................................................
16
PURCHASE ORDERS AND OTHER AGREEMENTS...........................................................................
16
OPEN DOOR POLICY ............................................................................................................................
16
OTHER POLICIES 17
DISABILITY ACCOMMODATIONS ........................................................................................................
17
IMMIGRATION LAW COMPLIANCE ......................................................................................................
17
INJURY AT WORK/SAFETY ..................................................................................................................
17
LICENSE POLICY 17
..................................................................................................................................
WAGE & HOUR POLICIES 18
DEFINITIONS OF EMPLOYMENT STATUS ..........................................................................................
18
HOURS OF WORK.................................................................................................................................
18
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TIME RECORDS ....................................................................................................................................18
OVERTIME .............................................................................................................................................18
COMPENSATION......... 19
PAY CYCLE/ DIRECT DEPOSIT............................................................................................................19
Administrative Errors........................................................................................................................................19
EMPLOYEE BENEFITS 19
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 5
PERSONNEL RECORDS.......................................................................................................................25
PERSONAL PROPERTY........................................................................................................................25
SEPARATION OF EMPLOYMENT 76
RESIGNATION OR VOLUNTARY TERMINATION................................................................................26
Criiñüüilen of HealthInsurance Coverage...................................................................................................26
Return ofthe Company Property......................................................................................................................26
Jurisdiction........................................................................................................................................................26
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WELCOME
I welcome you toIntimo, Inc. and wish you every success here.
This Handbook was developed by Prestige for the utilizationof Intimo, Inc. Prestige and the
Company are co-employers. In a co-employmênt relationship, duties and responsibilities are
a!!ocatarl between Prestige and the Company. Both are your employers. Prestige is a
Professional Employer Organization (PEO). Prestige is responsible for activitiesthat are
normally associated with an employer with significantadministrative duties,including payment
of wages, withholding of taxes, and providing employee benefits and other human resources
programs. Prestige will be administering all of the emp|oymêñt policies, human resources
procedures and benefits, on behalf of Intimo, Inc. AII human resources references in this
Handbook should be directed to Prestige. Employees should familiarize themselves with the
contents of this Handbook as soon as possible, for itwill answer many questions about
employment with the Company.
We hope that your experience here will be enjoyable
clialleiigliig, and rewarding. Again,
welcome!
Sincerely,
Sonia Centeno
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MISSION STATEMENT
"Missions"
One of the of the Company isthat we constantly strive to improve the services we
provide our customers and to foster positive relations with our emp:ûyees. By consulting with
customers/clients and committing to short-term and long-term goals, we vow to carry out our
cümmitments and to deliver on our promises. Employees are encouraged toshare their ideas
and suggestions with regard to policy and service with their supervisors or department
managers or, if appropriate,a Human Resources Specialist of Prestige.
If youhave questions regarding any policy, benefit, or rulecGataiiled inthis Handbook, you may
directthem to a Prestige Human Resources Specialist who willendeavor to find an answer to
your question.
Again, we welcome you to the team and wish you success in your empicyiileiit, and the growth
to match your ambition and capabilities.
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INTRODUCTORYSTATEMENT
This Handbook is designed to acquaint you with the Company and to provide you with
information about working conditions, employee benefits, and some of the policies affectingyour
employment. You should read, understand, and comply with all provisions of the Handbook. It
describes many of your responsibilities as an employee and outlines the programs developed
by the Company to benefit employees. No employee Handbook can anticipate every
circumstance or question about policy, therefore the Cassipcxiiy reserves the right to revise,
supplement, or rescind any policies or portion of the Handbook from time to time as deemed
appropriate, in itssole and absolute discretion. Suggestions by employees on changes are
welcomed.
These policies and procedures describe our employment guidelines. Although employees are
expected to follow the provisions of the Handbook, the policies and procedures itcontains are
not intended to create, and do not create, an employment contract for any employee with either
the Company or with Prestige.
While we hope that your emp!cymêñt relationship with the Co...,,-.., will be müts-!!y
rewarding and long-term, this Handbook is not, and should not be construed as, a
contract of emp|cymêñt nor a guaranty of smpicyment for any specific period of time.
Your employment relationship with the Company (or for that matter with Prestige) is
termiñab|ê (at-will)by you or the Company; that is, either you or the Company may end
this relationship at any time, for any reason or for no reason and with or without notice.
No one is authorized to enter into any agreement on behalf of the Company that is
intoñded to alter the at-will smp|Gyment relationship except for Nathan Nathan, Tommy
Nathan or Moris Zilkha, provided such agreement is in writing and signed by Nathan
Nathan, Tommy Nathan or Moris Zilkha.
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WORK"
"THE WAY WE
A WORD ABOUT THIS HANDBOOK
The policies outlined in this Handbook should be regarded as management guidelines only,
which in any business willrequire changes from time to time. The Company retains the rightto
make decisions involving employment issues as needed.
While this Handbook addresses the current benefit plans maintained by the Carapañy, please
refer to the actual documents and summary plans periodically. Intimo, Inc. reserves the rightto
change the plans as needed. Allemployees willbe periodically notified if such a change takes
place, or upon the renewal date of the current policies. This Handbook and any other
documents distributedby the Company are not contractual in nature and are not a guarantee of
any continuation of benefits.
Prestige Employee Administrators, Inc also abides by the employment-at-will doctrine. This
doctrine permits the employer or the employee toterminate the employment relationship at any
time, for any reason, with or without notice. Neither the policies contained within this employee
Handbook, nor any other written or verbal communication is intended to create a contract of
employment or a warranty of benefits. The Cürapañy has the discretion to add to, delete or
change any policy contained inthis Handbook except employment-at-will.
WORKPLACE POLICIES
EQUAL EMPLOYMENT OPPORTUNITY POLICY
Intimo, Inc. iscommitted to administering allemployment-related matters in accordance with the
principle of equal opportunity. Employees and applicañts for employment will not be
discriminated against regardless of race, color, religion,gender, age, national origin, disability,
veteran status or any other category protected by the law. Itisthe policy of the Company to
comply with alllaws that prohibit discrirniñaticñin employment, based in any of the previously
mentioned categories. This anti-discriminatory policy applies to allterms and conditions of
erap|üyrñéñt. The Company also expects that each employee willabide by these principles.
Discriminatory or harassing behavior or actions by any employee is cause for discipline, up to
and including immediate dismissal from employment.
Employees who believe they are being harassed or treated unfairly are encouraged to follow the
procedures described below in this Handbook for reporting and dealing with discrirmiñatcry
employment practices.
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ANTI-HARASSMENT POLICY
The Company is committed to próviding a workplace free of sexual harassment as well as
harassment based on race, color, religion,national origin, age, disability,or any other category
protected by law. Intimo, Inc. strongly disapproves of and willnot tolerate harassment of
employees by supervisors, managers, co-workers or from anyone else. The Company willalso
atterñpt to protect employees from harassment by non-employees inthe workplace.
Definition of Harassment
Harassment includes verbal, physical orvisual conduct that creates an intimidating, offensive or
hostile working environment or thatunreascñably interferes with job performance. Additionally,
sexual harassment includesany request or demand for sexual favors thatis implicitlyor
expressly a condition for employment orcontinued employment. Some examples of sexual
harassment include sexual advances or suggestions; unwelcome sexually oriented remarks; the
display or distributionof offensive photographs, posters or cartoons; and any unweiceme
intentional touching ofthe intimate areas of another person's body. Harassment may also
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 harassment,
whether by a co-worker, a business associate who is directly or indirectly in a business or
potential business relationship, or by anyone else atthe workplace should report itimmediately
to theirsupervisor, to a top management officialatthe job-site where you work, or toa Prestige
Human Resources Specialist. The Company takes complaints ofdiscrimination and harassment
very seriously. Thus, while we encourage employees to put theirc0ñcerns inwriting, there is no
need to filea complaint or follow any formal chain of command. Employees may filea complaint
to their supervisor, top managerñent or discuss any issues of concern with Prestige's Human
Resources Specialist at any time. Ifreported to a Prestige Human Resources Specialist, the
Human Resources Specialist willwork with the Company and with you inan attempt tofacilitate
a resolution. The final reso!ution will,however, rest with the Company. These matters should
not fester. They should be reported and resolved.
Anyone who receives a complaint or who observes harassing conduct should immediately
inform Human Resources.
Every reported complaint of harassment willbe investigated thoroughly, promptly and in a
professional manner. The Company will protect the confidentiality of harassment complaints to
the extent possible. While the Company cannot guarantee complete confidentiality, information
about the allegation of harassment will be shared only with those who need to know about itor
as required by law. No employee willbe retaliatedagainst for making a complaint in good faith.
The Company's policy forbids retaliationagainst any employee, who opposes harassment, files
a complaint or testifies,or who assists or participates in any manner in an investigation,
proceeding or hearing of a complaint.
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Discipline
When itdetermines that unlawful harassment has occurred, the Company will take immediate
and appropriate corrective action designed to stop the harassment and to prevent its
recurrence. Discip!!nary action for a violation of this policy can range from verbal or written
warnings up to and including termination from empicyment.
DRUG/ ALCOHOL POLICY
The Company is committed to maintaining a safe and productive work environment. An
employee who is under the influence of drugs or alcohol poses a threat to individual safety,
productivity and quality. As such, the manufacture, sale, distribution,dispensation, possession,
or use ofillegaldrugs, controlled substances (except as allowed by law) or alcohol on Company
premises, in any vehicle being owned or leased by the Company, or being used on Company
premises during Company business hours, or at any Company worksite isprohibited. (This
includes all land, property, buildings, parking lots,Company or customer vehicles and private
vehicles on the Company or any clientof the Company's premises.)
Employees are prGhibited from being at work while under the influence of alcohol, illegaldrugs
or controlled substances (except as allowed by law). Any employee violating this prohibitión will
be subject to disciplinaryaction up to and including immediate discharge.
NO SMOKING POLICY
For the comfort and safety of our employees, smoking isnot allowed on the premise of Intimo,
Inc.
RESTRICTIONS ON DISCLOSURE OF CONFIDENTIAL INFORMATION
Emp|üyees have access to highly confidential and proprietary information and trade secrets; not
only of the Company, but also ofthe customers it serves. The unauthorized disclosure or use of
such infürmatian would have a material adverse impact on the Company, on our customers and
on our relationships with our customers. The Company follows a policy intended to fullyprotect
customers'
itselfand its confidential, proprietary information and trade secrets. To confirm
employee confidentiality,employees, as a condition of their employment, are required to sign a
confidentia|ity agreement. No matter what the job, disclosure of confidential information,
proprietary inferinatica,and trade secrets should not be made. Employees should ask their
managers for clarificationifthey have any questions about what information is proprietary,
confidential, or a trade secret.
At the Company's request, you must promptly make alldisclosures and execute alldocuments
appropriate to preserving the confidentialityof any confidential or proprietary inf0rmation or
trade secrets, including surrendering to the Company alldocuments and computer disks (and all
notes and memoranda made by the employee) relating to or containing confidential or
proprietary information or trade secrets.
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It shallbe against company policy to remove from Intimo, dup!!cates, originals, reproductions, or
copies of:E-mails, documents, phone books, phone logs orlists,designs, product description
sheets, line sell
lists, sheets, notes, drawings, data, st0rage material inclusive of electronic disks
and other material of any nature pertaining to employee's employment with Intimo. Reproducing
or removing any such material for the purpose of sending it toany third party isstrictly
pichibited, unless thisis withinyour normal course of business and a requirement of your
duties. Upon termination ofemployment, you will be required to sign a statement thatyou have
not removed or made any such information or data available to third parties.
NON-COMPETITION AGREEMENT
AIIfulltime empicyees at the New York City officeare required to complete our "Conflict of
Compete"
Interest Policy and Covenant Not To agreement. A copy of thisagreement will be
made available to you either when you are employed orshortly thereafter. When presented
with thisdocument, you willhave three business days to examine, sign and return the
document. More time will be made available upon request if aspecial circumstance exists.
CODE OF CONDUCT
Itis the policy of the COmpany that itsbusiness be conducted according to the highest ethical
standards and in compliance with all applicable laws and regulations. Employees of the
Company must conduct their affairswith uncompromising integrityand honesty. People atevery
level are expected to adhere to high standards of business ethics. Each employee is a
custodian of the Company's reputation.
Company employees who failto comply with the Code of Conduct willbe subject to disciplinary
action, up to and including termination ofemployment.
Compliance with the Law
Observance of the law and the legal system isa fundamental principle for the Company. Every
employee shallobey the laws and regulations of the legal systems in which they are acting.
Employees must avoid viciating the law in allcircumstances. Any employee who violates the
law is subjectto disciplinary action, up to and including termination of employment, whether or
not the illegalconduct occurred while the employee was on-duty. Every employee should avoid
engaging in any personal activity,investment, interest or association that would interfere,or
appear to interfere, with the independent exercise of his or her judgment in situations involving
an employee's personal interest.
LITERATURE DISTRIBUTION AND SOLICITATION
Employees may not distribute literatureor printed materials of any kind, sellmerchandise, solicit
financial contributions, or solicitforany other cause during their working time. Employees who
are not on working time (forexample, those on lunch hour) may not solicitemployees who are
on working time for any cause or distribute literature of any kind to them. Furthermore,
employees may not distributeliterature or printed material of any kind in working areas at any
time.
Non-employees are prohibited from distributing material or so||citing employees on company
premises at any time.
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DISCIPLINARY AND EMPLOYEE CONDUCT POLICIES
Corrective action, which can range from a verbal warning to immediate dismissal from the
Company, may be initiated
for various reasons. The severity of the action willgenerally depend
on the nature of the violationor problem and the employee's work record.
Certain viG|aticñs are so severe that they can resultin immedisie dismissal from the Company.
The following listcontains some examples. Itis not all-inclusive:
1. Theft or attempted theft from the Company, another employee, a customer or other
person doing business with the Company.
Preview
FILED: NEW YORK COUNTY CLERK 01/27/2020 12:37 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 01/27/2020 Exhibit I gg Prestige Employee Administrators Prestige Employee Administrators, Inc. For Intimo, Inc. Employee Handbook This Handbook isthe property ofPrestige Employee Administrators, Inc. ("Prestige") and Intimo, Inc. ("theCompany"). Itis forthe confidential use and infurrñativñ of employees of Prestige and the Company. Itmay not be copied and must be returned to Prestige and the Company upon request or upon termination of employment. Issue Date: September 2010 9 DEF000091 FILED: NEW YORK COUNTY CLERK 01/27/2020 12:37 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 01/27/2020 Once the Handbook isreviewed completely, Please fill out 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 cGaditians of the attached Handbook. I also ackñûwledge that I have received a copy of thisHandbGGk. I have read this Handbook, and I understand it. I accept, and agree to comply with, the policies and procedures as set forth inthis HañdbGGk and any amendments, including, but not limited to, those relating to discrimination and sexual harassment and the complaint procedure therein. While the Company willattempt to provide me with advance notice of any changes to its policies and procedures, I understand thatthese policies and procedures may be changed, interpreted, withdrawn or added to by the management of the Campany at any time atthe sole option of the Company, with or without prior notice to me. I have read the Emp|cyee Handbook in itsentirety. Iunderstand that my emplayment is not for any fixed period of time, and that the Handbook is not a contract. I am an emplayse at will. Imay resign at any time for any reason or for no reason, and the Company may terminate my employmant at any time for any reason or for no reason, with or without notice. Employee Name: ___ Employee Signature: Date: Please complete and fax back to: Prestige Emplcyee A trators at 516-692-8507 1Ò DEF000092 FILED: NEW YORK COUNTY CLERK 01/27/2020 12:37 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 01/27/2020 TABLE OF CONTENTS Page HANDBOOK ACKNOWLEDGMENT FORM I WELCOME .......................... .--.2 MISSION STATEMENT ........ .. ................3 INTRODUCTORY STATEMENT........ ...................4 "THE WAY WE WORK"................... 5 A WORD ABOUT THIS HANDBOOK........................................................................................................ 5 WORKPLACE POLICIES.... 5 EQ UAL EMPLOYMENT OPPORTUNITY POLICY................................................................................... 5 ANTI-HARASSMENT POLICY .................................................................................................................6 Definitionof Harassment....................................................................................................................................6 Reportingand Complaint Procedure..................................................................................................................6 Discipline.............................................................................................................................................................7 DRUG/ ALCOHOL POLICY ...................................................................................................................... 7 NO SMOKING POLICY............................................................................................................................. 7 RESTRICTIONS ON DISCLOSURE OF CONFIDENTIAL INFORMATION ............................................. 7 NON-COMPETITION AGREEMENT .....-.............-................................................................................... 8 CODE OF CONDUCT............................................................................................................................... 8 Compliance with the Law....................................................................................................................................8 LITERATU RE DISTRIBUTION AND SOLICITATION............................................................................... 8 DISCIPLINARY AND EMPLOYEE CONDUCT POLICIES ....................................................................... 9 ELECTRONIC COMMUNICATION TOOLS - ACCEPTABLE USE POLICY 10 .......................................... AcceptableUse of Electronic 11 Communications............................................................................................... Unacceptable Use of Electronic C:::::zzi:ations........................................................................................... // SECURITY AND ACCESS TO PREMISES AND SYSTEMS................................................................ 12 SOFTWARE POLICY STATEMENT....................................................................................................... 12 CELLULAR PHONE POLICY.................................................................................................................. 13 DRESS CODE AND MISC. EXPECTATIONS........................................................................................ 13 EXPENSE REIMBURSEMENT .............................................................................................................. 13 TRAVEL GUIDELINES..................................................................................................................................... /4 ATTENDANCE........................................................................................................................................ 15 WORKING FROM HOME/WAREHOUSE .............................................................................................. 16 INTRODUCTORY PERIOD .................................................................................................................... 16 PERFORMANCE REVIEWS .................................................................................................................. 16 PURCHASE ORDERS AND OTHER AGREEMENTS........................................................................... 16 OPEN DOOR POLICY ............................................................................................................................ 16 OTHER POLICIES 17 DISABILITY ACCOMMODATIONS ........................................................................................................ 17 IMMIGRATION LAW COMPLIANCE ...................................................................................................... 17 INJURY AT WORK/SAFETY .................................................................................................................. 17 LICENSE POLICY 17 .................................................................................................................................. WAGE & HOUR POLICIES 18 DEFINITIONS OF EMPLOYMENT STATUS .......................................................................................... 18 HOURS OF WORK................................................................................................................................. 18 11 DEF000093 FILED: NEW YORK COUNTY CLERK 01/27/2020 12:37 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 01/27/2020 TIME RECORDS ....................................................................................................................................18 OVERTIME .............................................................................................................................................18 COMPENSATION......... 19 PAY CYCLE/ DIRECT DEPOSIT............................................................................................................19 Administrative Errors........................................................................................................................................19 EMPLOYEE BENEFITS 19 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 5 PERSONNEL RECORDS.......................................................................................................................25 PERSONAL PROPERTY........................................................................................................................25 SEPARATION OF EMPLOYMENT 76 RESIGNATION OR VOLUNTARY TERMINATION................................................................................26 Criiñüüilen of HealthInsurance Coverage...................................................................................................26 Return ofthe Company Property......................................................................................................................26 Jurisdiction........................................................................................................................................................26 DEF000094 FILED: NEW YORK COUNTY CLERK 01/27/2020 12:37 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 01/27/2020 WELCOME I welcome you toIntimo, Inc. and wish you every success here. This Handbook was developed by Prestige for the utilizationof Intimo, Inc. Prestige and the Company are co-employers. In a co-employmênt relationship, duties and responsibilities are a!!ocatarl between Prestige and the Company. Both are your employers. Prestige is a Professional Employer Organization (PEO). Prestige is responsible for activitiesthat are normally associated with an employer with significantadministrative duties,including payment of wages, withholding of taxes, and providing employee benefits and other human resources programs. Prestige will be administering all of the emp|oymêñt policies, human resources procedures and benefits, on behalf of Intimo, Inc. AII human resources references in this Handbook should be directed to Prestige. Employees should familiarize themselves with the contents of this Handbook as soon as possible, for itwill answer many questions about employment with the Company. We hope that your experience here will be enjoyable clialleiigliig, and rewarding. Again, welcome! Sincerely, Sonia Centeno DEF000095 FILED: NEW YORK COUNTY CLERK 01/27/2020 12:37 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 01/27/2020 MISSION STATEMENT "Missions" One of the of the Company isthat we constantly strive to improve the services we provide our customers and to foster positive relations with our emp:ûyees. By consulting with customers/clients and committing to short-term and long-term goals, we vow to carry out our cümmitments and to deliver on our promises. Employees are encouraged toshare their ideas and suggestions with regard to policy and service with their supervisors or department managers or, if appropriate,a Human Resources Specialist of Prestige. If youhave questions regarding any policy, benefit, or rulecGataiiled inthis Handbook, you may directthem to a Prestige Human Resources Specialist who willendeavor to find an answer to your question. Again, we welcome you to the team and wish you success in your empicyiileiit, and the growth to match your ambition and capabilities. DEF000096 FILED: NEW YORK COUNTY CLERK 01/27/2020 12:37 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 01/27/2020 INTRODUCTORYSTATEMENT This Handbook is designed to acquaint you with the Company and to provide you with information about working conditions, employee benefits, and some of the policies affectingyour employment. You should read, understand, and comply with all provisions of the Handbook. It describes many of your responsibilities as an employee and outlines the programs developed by the Company to benefit employees. No employee Handbook can anticipate every circumstance or question about policy, therefore the Cassipcxiiy reserves the right to revise, supplement, or rescind any policies or portion of the Handbook from time to time as deemed appropriate, in itssole and absolute discretion. Suggestions by employees on changes are welcomed. These policies and procedures describe our employment guidelines. Although employees are expected to follow the provisions of the Handbook, the policies and procedures itcontains are not intended to create, and do not create, an employment contract for any employee with either the Company or with Prestige. While we hope that your emp!cymêñt relationship with the Co...,,-.., will be müts-!!y rewarding and long-term, this Handbook is not, and should not be construed as, a contract of emp|cymêñt nor a guaranty of smpicyment for any specific period of time. Your employment relationship with the Company (or for that matter with Prestige) is termiñab|ê (at-will)by you or the Company; that is, either you or the Company may end this relationship at any time, for any reason or for no reason and with or without notice. No one is authorized to enter into any agreement on behalf of the Company that is intoñded to alter the at-will smp|Gyment relationship except for Nathan Nathan, Tommy Nathan or Moris Zilkha, provided such agreement is in writing and signed by Nathan Nathan, Tommy Nathan or Moris Zilkha. DEF000097 FILED: NEW YORK COUNTY CLERK 01/27/2020 12:37 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 01/27/2020 WORK" "THE WAY WE A WORD ABOUT THIS HANDBOOK The policies outlined in this Handbook should be regarded as management guidelines only, which in any business willrequire changes from time to time. The Company retains the rightto make decisions involving employment issues as needed. While this Handbook addresses the current benefit plans maintained by the Carapañy, please refer to the actual documents and summary plans periodically. Intimo, Inc. reserves the rightto change the plans as needed. Allemployees willbe periodically notified if such a change takes place, or upon the renewal date of the current policies. This Handbook and any other documents distributedby the Company are not contractual in nature and are not a guarantee of any continuation of benefits. Prestige Employee Administrators, Inc also abides by the employment-at-will doctrine. This doctrine permits the employer or the employee toterminate the employment relationship at any time, for any reason, with or without notice. Neither the policies contained within this employee Handbook, nor any other written or verbal communication is intended to create a contract of employment or a warranty of benefits. The Cürapañy has the discretion to add to, delete or change any policy contained inthis Handbook except employment-at-will. WORKPLACE POLICIES EQUAL EMPLOYMENT OPPORTUNITY POLICY Intimo, Inc. iscommitted to administering allemployment-related matters in accordance with the principle of equal opportunity. Employees and applicañts for employment will not be discriminated against regardless of race, color, religion,gender, age, national origin, disability, veteran status or any other category protected by the law. Itisthe policy of the Company to comply with alllaws that prohibit discrirniñaticñin employment, based in any of the previously mentioned categories. This anti-discriminatory policy applies to allterms and conditions of erap|üyrñéñt. The Company also expects that each employee willabide by these principles. Discriminatory or harassing behavior or actions by any employee is cause for discipline, up to and including immediate dismissal from employment. Employees who believe they are being harassed or treated unfairly are encouraged to follow the procedures described below in this Handbook for reporting and dealing with discrirmiñatcry employment practices. DEF000098 FILED: NEW YORK COUNTY CLERK 01/27/2020 12:37 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 01/27/2020 ANTI-HARASSMENT POLICY The Company is committed to próviding a workplace free of sexual harassment as well as harassment based on race, color, religion,national origin, age, disability,or any other category protected by law. Intimo, Inc. strongly disapproves of and willnot tolerate harassment of employees by supervisors, managers, co-workers or from anyone else. The Company willalso atterñpt to protect employees from harassment by non-employees inthe workplace. Definition of Harassment Harassment includes verbal, physical orvisual conduct that creates an intimidating, offensive or hostile working environment or thatunreascñably interferes with job performance. Additionally, sexual harassment includesany request or demand for sexual favors thatis implicitlyor expressly a condition for employment orcontinued employment. Some examples of sexual harassment include sexual advances or suggestions; unwelcome sexually oriented remarks; the display or distributionof offensive photographs, posters or cartoons; and any unweiceme intentional touching ofthe intimate areas of another person's body. Harassment may also 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 harassment, whether by a co-worker, a business associate who is directly or indirectly in a business or potential business relationship, or by anyone else atthe workplace should report itimmediately to theirsupervisor, to a top management officialatthe job-site where you work, or toa Prestige Human Resources Specialist. The Company takes complaints ofdiscrimination and harassment very seriously. Thus, while we encourage employees to put theirc0ñcerns inwriting, there is no need to filea complaint or follow any formal chain of command. Employees may filea complaint to their supervisor, top managerñent or discuss any issues of concern with Prestige's Human Resources Specialist at any time. Ifreported to a Prestige Human Resources Specialist, the Human Resources Specialist willwork with the Company and with you inan attempt tofacilitate a resolution. The final reso!ution will,however, rest with the Company. These matters should not fester. They should be reported and resolved. Anyone who receives a complaint or who observes harassing conduct should immediately inform Human Resources. Every reported complaint of harassment willbe investigated thoroughly, promptly and in a professional manner. The Company will protect the confidentiality of harassment complaints to the extent possible. While the Company cannot guarantee complete confidentiality, information about the allegation of harassment will be shared only with those who need to know about itor as required by law. No employee willbe retaliatedagainst for making a complaint in good faith. The Company's policy forbids retaliationagainst any employee, who opposes harassment, files a complaint or testifies,or who assists or participates in any manner in an investigation, proceeding or hearing of a complaint. & DEF000099 FILED: NEW YORK COUNTY CLERK 01/27/2020 12:37 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 01/27/2020 Discipline When itdetermines that unlawful harassment has occurred, the Company will take immediate and appropriate corrective action designed to stop the harassment and to prevent its recurrence. Discip!!nary action for a violation of this policy can range from verbal or written warnings up to and including termination from empicyment. DRUG/ ALCOHOL POLICY The Company is committed to maintaining a safe and productive work environment. An employee who is under the influence of drugs or alcohol poses a threat to individual safety, productivity and quality. As such, the manufacture, sale, distribution,dispensation, possession, or use ofillegaldrugs, controlled substances (except as allowed by law) or alcohol on Company premises, in any vehicle being owned or leased by the Company, or being used on Company premises during Company business hours, or at any Company worksite isprohibited. (This includes all land, property, buildings, parking lots,Company or customer vehicles and private vehicles on the Company or any clientof the Company's premises.) Employees are prGhibited from being at work while under the influence of alcohol, illegaldrugs or controlled substances (except as allowed by law). Any employee violating this prohibitión will be subject to disciplinaryaction up to and including immediate discharge. NO SMOKING POLICY For the comfort and safety of our employees, smoking isnot allowed on the premise of Intimo, Inc. RESTRICTIONS ON DISCLOSURE OF CONFIDENTIAL INFORMATION Emp|üyees have access to highly confidential and proprietary information and trade secrets; not only of the Company, but also ofthe customers it serves. The unauthorized disclosure or use of such infürmatian would have a material adverse impact on the Company, on our customers and on our relationships with our customers. The Company follows a policy intended to fullyprotect customers' itselfand its confidential, proprietary information and trade secrets. To confirm employee confidentiality,employees, as a condition of their employment, are required to sign a confidentia|ity agreement. No matter what the job, disclosure of confidential information, proprietary inferinatica,and trade secrets should not be made. Employees should ask their managers for clarificationifthey have any questions about what information is proprietary, confidential, or a trade secret. At the Company's request, you must promptly make alldisclosures and execute alldocuments appropriate to preserving the confidentialityof any confidential or proprietary inf0rmation or trade secrets, including surrendering to the Company alldocuments and computer disks (and all notes and memoranda made by the employee) relating to or containing confidential or proprietary information or trade secrets. 116 DEF000100 FILED: NEW YORK COUNTY CLERK 01/27/2020 12:37 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 01/27/2020 It shallbe against company policy to remove from Intimo, dup!!cates, originals, reproductions, or copies of:E-mails, documents, phone books, phone logs orlists,designs, product description sheets, line sell lists, sheets, notes, drawings, data, st0rage material inclusive of electronic disks and other material of any nature pertaining to employee's employment with Intimo. Reproducing or removing any such material for the purpose of sending it toany third party isstrictly pichibited, unless thisis withinyour normal course of business and a requirement of your duties. Upon termination ofemployment, you will be required to sign a statement thatyou have not removed or made any such information or data available to third parties. NON-COMPETITION AGREEMENT AIIfulltime empicyees at the New York City officeare required to complete our "Conflict of Compete" Interest Policy and Covenant Not To agreement. A copy of thisagreement will be made available to you either when you are employed orshortly thereafter. When presented with thisdocument, you willhave three business days to examine, sign and return the document. More time will be made available upon request if aspecial circumstance exists. CODE OF CONDUCT Itis the policy of the COmpany that itsbusiness be conducted according to the highest ethical standards and in compliance with all applicable laws and regulations. Employees of the Company must conduct their affairswith uncompromising integrityand honesty. People atevery level are expected to adhere to high standards of business ethics. Each employee is a custodian of the Company's reputation. Company employees who failto comply with the Code of Conduct willbe subject to disciplinary action, up to and including termination ofemployment. Compliance with the Law Observance of the law and the legal system isa fundamental principle for the Company. Every employee shallobey the laws and regulations of the legal systems in which they are acting. Employees must avoid viciating the law in allcircumstances. Any employee who violates the law is subjectto disciplinary action, up to and including termination of employment, whether or not the illegalconduct occurred while the employee was on-duty. Every employee should avoid engaging in any personal activity,investment, interest or association that would interfere,or appear to interfere, with the independent exercise of his or her judgment in situations involving an employee's personal interest. LITERATURE DISTRIBUTION AND SOLICITATION Employees may not distribute literatureor printed materials of any kind, sellmerchandise, solicit financial contributions, or solicitforany other cause during their working time. Employees who are not on working time (forexample, those on lunch hour) may not solicitemployees who are on working time for any cause or distribute literature of any kind to them. Furthermore, employees may not distributeliterature or printed material of any kind in working areas at any time. Non-employees are prohibited from distributing material or so||citing employees on company premises at any time. 8 DEF000101 FILED: NEW YORK COUNTY CLERK 01/27/2020 12:37 PM INDEX NO. 650175/2017 NYSCEF DOC. NO. 202 RECEIVED NYSCEF: 01/27/2020 DISCIPLINARY AND EMPLOYEE CONDUCT POLICIES Corrective action, which can range from a verbal warning to immediate dismissal from the Company, may be initiated for various reasons. The severity of the action willgenerally depend on the nature of the violationor problem and the employee's work record. Certain viG|aticñs are so severe that they can resultin immedisie dismissal from the Company. The following listcontains some examples. Itis not all-inclusive: 1. Theft or attempted theft from the Company, another employee, a customer or other person doing business with the Company.