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Joseph Antonelli, Esq. (Bar No. 137039) ~ sf
sanienell antonellilaw.com 2e1g HAR 8 PH I2: 93
janelle Carney, Esq. (Bar No. 201570)
JCarney@antonellilaw.com » A JUN QUELRO. CLERK
LAW OFFICE OF JOSEPH ANTONELLI YO HW Me
14758 Pipeline Ave., Suite E, 2nd Floor ———SRPuTy
Chino Hills, CA 91709
Tel.: (909) 393-0223 / Fax: (909) 393-0471
Joseph Lavi, Esq. (SBN 209776)
Vincent C, Granberry, Esq. (SBN 276483)
LAVI & EBRAHIMIAN, LLP
8889 W. Olympic Blvd., Suite 200
Beverly Hills, California 90211
Tel.: (310) 432-0000/ Fax: (310) 432-0001
Attomeys for Plaintiff and all others similarly situated and the general public
SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN JOAQUIN
REGINALD LYLE, on behalf of himselfand —_) Case No.: STK-CV-UOE-2016-6523
others similarly situated, en Michael Mulvihill
Plaintiff, CLASS ACTION
DECLARATION OF JANELLE
“ CARNEY RE: EXHIBIT BINDER IN
DOCTORS HOSPITAL OF MANTECA, INC, ) SUPPORT OF PLAINTIFF'S MOTION
AUXILLIARY OF DOCTORS HOSPITAL OF } FOR CLASS CERTIFICATION
MANTECA; DRS HOSP OF MANTECA INC; ) Date: TBD
SP OF MANTECA INC; TENET Time: §30am, A.COaW”
HEALTHCARE CORPORATION; TENET Dept.: 10C
HEALTH INTEGRATED SERVICES, INC.;
TENET HEALTH; and DOES | to 100,
inclusive, Action Filed: July 5, 2016
Trial Date: June 10, 2019
a et
Defendants
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DECLARATION OF JANELLE CARNEY RE: EXHIBIT BINDER IN SUPPORT OF
PLAINTIFF'S MOTION FOR CLASS CERTIFICATIONpoe
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1, Janelle Carney, declare:
1. Iam an attorney duly license to practice law before all courts in the State of
California. | am a partner at the Law Office of Joseph Antonelli, counsel for Plaintiff herein and
I have personal knowledge of the facts herein. If called as a witness, I could and would
competently testify herein.
2. Documents with the Bates stamp prefix “DH” or employee's last names were
produced by Defendants. Documents Bates stamped “PLF” were produced by Plaintiff in this
litigation. Plaintiff submits the following exhibits in support of his Motion for Class
Certification:
MINIMUM WAGE/ OFF THE CLOCK/ ROUNDING
3. A true and correct copy of Defendant’s Human Resources Policies and
Procedures Manual Re: Attendance and Punctuality, dated March 11, 2010, is attached hereto as
Exhibit 1.
4. A true and correct copy of Defendant’s timekeeping policy dated September 27,
2011, is attached hereto as Exhibit 2.
5. A true and correct copy of portions of Defendant’s employee handbook is
attached hereto as Exhibit 3.
6. ‘Attached to the Notice of Lodging Non-Paper Exhibit filed concurrently herewith
as Exhibit 4, is a USB drive with Excel and PDF files containing the time and payroll records
for the sample of non-exempt hourly employees.
ON-CALL/STANDBY
7. A true and correct copy of Doctors Hospital of Manteca Job Description and
Performance Evaluation for Reginald Lyle, Janna Thomas, and Adolfo Fernandez, are
collectively attached hereto as Exhibit 5.
8. A true and correct copy of Defendant’s Human Resources Policies and
Procedures Manual Re: Premium Pay, is attached hereto as Exhibit 6.
9. A true and correct copy of Doctors Hospital of Manteca, Inc.’s Policy and
Procedure dated September 9, 2014 re: Call Scheduling, is attached hereto as Exhibit 7.
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DECLARATION OF JANELLE CARNEY RE: EXHIBIT BINDER IN SUPPORT OF
PLAINTIFF'S MOTION FOR CLASS CERTIFICATIONoy aA wW Bw N
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10. A true and correct copy of Doctors Hospital of Manteca, Inc.’s Policy and
Procedure dated 9/8/15 re: Surgery On Call Response, is attached hereto as Exhibit 8.
MEAL AND REST
11. A true and correct copy of exemplars of meal waivers are attached hereto as
Exhibit 9.
12. A true and correct copy of Doctors Hospital of Manteca Meal Period Waiver
signed by Reginald Lyle, is attached hereto as Exhibit 10. :
13. A true and correct copy of Doctors Hospital of Manteca Meal Period Waiver
signed by Adolfo Fernandez, is attached hereto as Exhibit 11.
14. A true and correct copy of Doctors Hospital of Manteca Meal Period Waiver
signed by Janna Thomas, is attached hereto as Exhibit 12.
15. A true and correct copy of exemplars of Doctors Hospital of Manteca
Missed/Late/Short Meal, Missed Rest Period, Missed Punch "OOPS" Sheet, is attached hereto as
Exhibit 13.
16. A true and correct copy of Tenet Human Resource Policy Benefits and
Compensation Re: Meal and Rest Periods dated May 15, 2012, is attached hereto as Exhibit 14.
PAY STUB
17. A true and correct copy of various pay stubs for Reginald Lyle, June 5, 2015, and
various other pay stubs dated May 2013 through December 2015, are collectively attached hereto]
as Exhibit 15
18. True and correct copies of various pay stubs for class members Rebecca Martinez
and Susana Fragano are collectively attached hereto as Exhibit 16.
NUMEROSITY
19. A true and correct copy of Defendant Doctors Hospital of Manteca, Inc.’s
Supplemental Response to Plaintiff Reginald Lyle’s Special Interrogatories, Set One, is attached
hereto as Exhibit 17.
Hilt
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DECLARATION OF JANELLE CARNEY RE: EXHIBIT BINDER IN SUPPORT OF
PLAINTIFF’S MOTION FOR CLASS CERTIFICATIONmo
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MISCELLANEOUS
20, A true and correct copy of Defendant’s “Book of P.R.I.D.E.” is attached hereto as
Exhibit 18.
21, True and correct copies of DHMs’ New Hire Orientation slides are attached
hereto as Exhibit 19.
DEPOSITION EXCERPTS
22, True and correct copies of excerpted portions of deposition transcripts are
attached hereto as follows:
Exhibit 20: Deponent: Traci Holzer
Position/Title: Person Most Knowledgeable
Date of Deposition: April 18, 2018
Excerpted Testimony: 30:23-31:10; 31:15-32:183 47;3-48;3, 51:25-
52:24; 53:18-56:24; 56:25-57:9; 57:22-58:2; 58:9-14; 64;7-65:20,
66:12-18; 66:20-68:20; 69:16-72:18; 74:8-75:9; 75:12-25; 78:23-79:10;
82:4-18, 83:19-86:6, 89:14-90:8, 90:24-91:1; 91:12-92:18; 93:10-23;
94:20-97:11; 97:21-98:6; 98:7-98:24; 99:17-100:2; 100:9-101:3; 127:6-
128:16; 135:23-137:22; 143:18-21, 149:19-25; 150:1-153:3; 155:6-9,
157:13-158; 160:25-162:24; 166:9-115 166:12-19; 167:8-24; 168:12-
170:25 172:2-23; 174:10-177:21; 179:20-181:45 182:3-7; 183:23-184:2;
193:5-15; 197:17-200:10; 200:3-125 200:21-201:15; 203:2-11; 215:14-
223 226:15-227:15; 228:3-10; 228:11-231:25; 246:2-24.
Exhibit 21: Deponent; Reginald Lyle
Title/Position: Plaintiff
Date of Deposition: March 21, 2018
Excerpted Testimony: 103:6-18; 115:4-75 116-118; 178:2-9; 195:8-10;
196:1-5; 198:20-199:24; 245:10-13; 248:14-25; 250:1-19
Hill
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DECLARATION OF JANELLE CARNEY RE: EXHIBIT BINDER IN SUPPORT OF
PLAINTIFF'S MOTION FOR CLASS CERTIFICATIONSoD ew N DH BR YW NY
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Exhibit 22: Deponent: Ron Ugalino
Position/Title: Registered Nurse
Date of Deposition: February 6, 2019
Excerpted Testimony: 25:20-26:9; 35:1-15; 38:13-39:11; 39:5-17; 41;12-
19; 55:6-21
I declare under penalty of perjury under the laws of the state of California the foregoing
is true and correct. ,
Executed this 7th day of March 2019, at Chino Hills, California
4
DECLARATION OF JANELLE CARNEY RE: EXHIBIT BINDER IN SUPPORT OF
PLAINTIFF’S MOTION FOR CLASS CERTIFICATIONExhibit 1Doctors Human Resources Policies and Procedures
Hospital Manual
of Manteca [ORIGINAL DATE TAST REVISED DATE: | LAST REVIEWED DATE:
August 23, 2003 03/11/2010 03/11/2010
TENET SUBJECT: CORPORATE APPROVAL:
POLICY NUMBER: Attendance and Punctuality FACILITY APPROVAL;
405-F
PURPOSE:
The purpose of this policy is to provide information on attendance and punctuality at Doctors
Hospital of Manteca.
POLICY:
Every employee at Doctors Hospital of Manteca plays an important tole in keeping the Hospital's
operation running smoothly and efficiently. Employees are expected to maintain an acceptable
level of attendance. Absenteeism and tardiness place a burden on other employees and may
impact the ability to provide quality patient care. Doctors Hospital of Manteca depends on all
employees to be at their work station when assigned. Department Directors are responsible for
keeping accurate attendance records and for taking appropriate disciplinary action when
appropriate.
A. Definitions
1. Occurrence is defined as any absence, shift that was not completed due to leaving
work early, or tardy that was not scheduled In advance, and approved by the
Department Director or designee.
2. Absence is defined as any time an employee is scheduled to work but is unable to
report. This does not include pre-approved time off for vacation, holidays, leaves of
absence, bereavement leave, jury duty leave, Hospital initiated time off, or other
{egally protected absences from work.
3. When referring to absenteeism, an occurrence is defined as consecutive days of
absence from work.
4, Tardiness is defined as any time an employee fails to report to thelr assigned work
area on time, properly attired and ready for work.
5. When referring to tardiness, an occurrence refers to any time an employee is late for
their assigned shift which includes returning from break and.meal periods.
B. General
1.
Employees must notify their supervisor at least 2 hours before the start of their shift if
they are unable to report to work as scheduled. However, unit specific requirements
may supersede the two hour call-in rule. Ss
Document?
DH00325—— rt
SUBJECT: Attendance and Punctuality Page 2 of 4
2.
No call/no show occurs when an employee fails to report for work or notify the
supervisor of an impending absence and/or occurrence of tardiness within the time
frames required by this Policy. No cali/fno show should result in a separate
disciplinary action up to and including termination of employment.
Documented patterns of absence such as absences before or after regutarly
scheduled time off, may result in disciplinary action up to and including termination of
employment.
Employees absent from work for 3 or more days must provide a physician’s ©
statement verifying the absence duration. When retuming to work, employees must
provide a physician's statement which permits them to resume their reguiar work
duties. Department Directors have the discretion to require a physician's statement
when an employee is absent from work for any length of time.
Absences which qualify, have appropriately been certified under the Family Medical
Leave Act (FMLA) by a qualified healthcare provider, and appropriate paper work
completed with the Human Resources Department, are not counted as an
occurrence. Refer to Human Resources Policy 703 for more information on the
FMLA.
Employees absent from work for two (2) consecutive days without proper notice will
be considered to have voluntarily resigned their employment with Doctors Hospital of
Manteca.
c. Guidelines for Occurrences
An absence as defined above equals one occurrence.
A tardy as defined above, equals one-half of an occurrence.
Occurrences will be counted on a rolling twelve-month period.
Failure to maintain a standard level of attendance as defined in the Scale for
Attendance, Attachment 1, will result in disciplinary action up to and including
termination of employment.
_When an employee fails to maintain a standard level of attendance at any time and
has received disciplinary action, he/she will be placed on an action plan as defined in
Attachment 1.
Once the employee has successfully completed the action plan period, he/she will be
under the standard guidelines of attendance as outlined in the Scale for Attendance.
F:\Shared\HR\P&P\405,doc
DH00326ee ——
SUBJECT: Attendance and Punctuality ‘ Page 3 of 4
=—<— SS ————=aas
D. Impact On Performance Appraisal
If an employee fails to maintain a standard level of attendance and receives disciplinary
action, the following will be reflected on the employee's annual performance appraisal. One
action plan will result in a score of 1 for the attendance standard. Two action plans will
result in a score of 1 for the attendance standard and .26 points will be deducted from the
overall performance appraisal score. Three action plans will result in a score of 1 for the
attendance standard and .50 points will be deducted from the overall performance appraisal
score. Four action plans will result in a score of 0 and .75 points will be deducted from the
overall performance appraisal score.
PROCEDURE:
A. Employees
4. Employees are responsible for adhering to the requirements set forth in this policy.
B. Managers/Supervisors
1. Notify employees of starting times, break and meal times.
2. Record all absences, tardies and incomplete shifts.
3. Review attendance and punctuality recards regularly, at least quarterly, against the
guidelines set forth In the Scale for Attendance in Attachment 1. If attendance fails
to meet performance standards, managers are responsible for taking disciptinary
action and’ placing employee on Action Pian as indicated on Attachment 1.
4. Consult with the Human Resources Department regarding appropriate disciplinary
action when dealing with issues of excessive absenteeism, tardiness and/or possible
eligibility for a Family Medical Leave.
F:\Shared\HR\P&P\406.doo
DH00327rr
SUBJECT: Attendance and Punctuality Page 4 of 4
——————————————————————————————————————
ATTACHMENT 1
SCALE FOR ATTENDANCE
OCCURRENCES MUST REMAIN AT OR BELOW STATED LEVELS FOR
EMPLOYEES TO MEET PERFORMANCE STANDARDS
EMPLOYMENT STATUS 42 MONTH PERIOD
Full-Time 6 Occurrences
Part-Time 4 Occurrences
Per Diem To be classified based on a percentage of
hours worked.
ACTION PLAN FOR FAILURE TO-MAINTAIN
STANDARD LEVEL OF ATTENDANCE
No more than one (1) occurrence within three (3) months.
No more than two (2) occurrences within six (6) months.
No more than four (4) occurrences within twelve (12) months - Full-time employees.
No more than three (3) occurrences within twelve (12) months - Part-time employees.
F:\Shared\HR\P&P\405.doc
DH00328Exhibit 2a .
Tenet. Human Resource Policy No. . HR-501
ew
Title: Page: lof2
Effective Date: 09-27-11
TIMEKEEPING Retires Policy Dated: 04-01-03
Previous Versions Dated: 08-01-00;
01-01-93
L SCOPE:
This policy applies to (1) Tenet Healthcare Corporation and its wholly-owned subsidiaries and
affiliates (each, an “‘Affiliate”); (2) any other entity or organization in which Tenet Healthcare
Corporation or an Affiliate owns a direct or indirect equity interest greater than 50%; and (3) any
hospital or healthcare facility in which Tenet Healthcare Corporation or an Affiliate either manages or
controls the day-to-day operations of the facility (each, a “Tenet Facility”) (collectively, “Tenet”).
Tl, PURPOSE:
To provide supervisors with appropriate guidelines for maintaining accurate records of all hours
worked by employee and all paid and unpaid time off taken by employee during each pay period,
I. POLICY:
Accurately recording time worked is the responsibility of every employee. Federal and state laws
require Tenet to keep accurate records of time worked in order to calculate employee pay and
benefits. Time worked is all the time actually spent on the job performing assigned duties. *
Employees are required to accurately record the time they begin and end their work, as well as
beginning and ending time of each meal period. Supervisors may have employees swipe their badges
to record beginning and ending time for meal periods or may maintain a handwritten log at the work
location in which the employee records beginning and ending times for meal periods. Accurate times
must be recorded whether the time clock automatically deducts a 30-minute meal period or not.
Employees must sign their time records to certify the accuracy of all time recorded. The supervisor
will review and then initial the time record before submitting it for payroll processing. In addition, if
corrections or modifications are made to the time record, both the employee and the supervisor
should verify the accuracy of the changes by initialing the time record,
The actual times that employees should report to work and leave work are determined by their
supervisors and do not need to be recorded.
Altering, falsifying, tampering with time records, or recording time on another employee’s time *
record may result in corrective action, up to and including termination of employment. Failure of
employees to submit accurate and complete time records on a timely basis may delay the processing
of the paychecks as permitted by applicable state law. Contimed failure of employees to submit
accurate and complete time records, or to fail to follow facility procedures in this regard may result
in corrective action, up to and including termination of employment.
DH00329Human Resource Police No.” -!
TeneT _ ry 0, HR-50L
Title: ; Page: 2 of 2
Effective Date: 09-27-11
TIMEKEEPING Retires Policy Dated: 04-01-03
Previous Versions Dated: 08-01-00;
01-01-93
PROCEDURE:
Employee
Record start work time and stop work time for all hours, including those taken for meal
breaks or when leaving the facility on personal business. Actual times may be recorded by
swiping the card through the time clock or, at facility discretion, by writing beginning and
ending times for meal periods on a log.
Sign the time record cach time period to verify the accuracy of the record.
Obtain supervisor approval prior to working overtime.
Supervisor
Specify the manner in which the employees will record hours, including beginning and
ending times for meal periods. Employees may be required to swipe their cards through the
automated time clock mechanism for meal periods or may sign out and in on log for meal
periods. Sample log is attached,
Review all time records for accuracy, signing the time record before processing by Payroll.
If the time record is corrected, obtain the signature of the employee and sign the correction.
Ifthe employee works unauthorized overtime, pay hours according to the time record, using
the corrective action procedure to change the employee's behavior.
Human Resources
Assist supervisors in developing methods for accurately recording all hours worked,
including beginning and ending times for meal periods, whether the time clock automatically
deducts a 30 minute meal period or not.
Assist the supervisors with the use of the corrective action procedure when necessary to bring
the employee into compliance with policy. Enforcement
All employees whose responsibilities are affected by this policy are expected to be familiar
with the basic procedures and responsibilities created by this policy. Failure to comply with
this policy will be subject to appropriate performance management pursuant to all applicable
policies and procedures, up to and including termination. Such performance management
may also include modification of compensation, including any merit or discretionary
compensation awards, as allowed by applicable law.
DHO0330Exhibit 3Employee
~ HandbookDear Colleague,
This is an exciting time for the healthcare industry and for our company. The
industry is ripe with change and opportunity and our hospitals remain positioned
to serve the communities in which we operate. -
Each day in Tenet hospitals across the country, our employees make a
difference in the lives of thousands of people. These aren't just any people; they
are our patients and our neighbors and as an organization, we have a unique
opportunity to provide them with safest and highest quality health care possible.
We fulfill this mission by conducting our activities in a manner that is consistent
with Tenet's core values: Quality, Integrity, Service, Innovation and
Transparency. The foundation of our success is secured by an unrelenting
commitment to ethical behavior and compliance with the laws that regulate our
industry. As a new employee, you will soon participate in our ethics program to
learn more about these behaviors. In the meantime, you can learn more about
the importance Tenet places on ethics and compliance by reading the Standards
of Conduct booklet.
Again, welcome to Tenet. Let me thank you In advance for the hard work and
commitment | know you will bring to our patients, your co-workers and our
hospitals.
Sincerely,
Trevor Fetter
President and Chief Executive Officer
Revise 09/18/12 Page 2
DHO0002About Tenet
Tenet, one of the nation’s largest health care services companies, operates
hospitals, freestanding outpatient centers and Conifer Health Solutions, a leader
in business process solutions for health care providers that serves over 250
facility and health care entities nationwide. Tenet's facilities and related health
care facilities are committed to providing high quality care to patients in the
communities they serve.
As we seek to improve patients’ lives, our dedicated employees are guided each
day by five core values: quality, integrity, service, innovation and transparency.
Together, we strive to fulfill our purpose and responsibility of providing quality
health care to those who need it. We make the following commitments to our
patients, employees, shareholders and the communities we serve:
© Acommitment to our patients to continually improve our quality of medical
care and patient safety.
« Acommitment to our employees to provide a workplace that is safe, a
culture that promotes good values and high standards of conduct and
compensation that Is fair.
e Acommitment to our communities to provide good value for their
healthcare expenditures, to advocate for the needs of patients, to be
involved in citizenship and volunteerism and to be mindful of our impact on
the earth's resources and the environment.
e Acommitment to our shareholders to create value and to operate our
business according to strategies and practices that Is sustainable.
Revise 09/18/12 ; Page 3
DHoo003Contents..
ABOUT YOUR HANDBOOK.
Facllity Policies ...........8 .
YOUTr SUpervISOF v..esescsnsescenseeens
Orientation/Re-Orientation ............
.. Error! Bookmark not defined.
Your Human Resources Representative..
Your Employment...
What You Can Expect From the Facllity ..
What the Facility Expects From You
Employee Relations.......
Equai Employment Opportunity .....-essssssssseessseesene suseapseenen
Sexual and Other Unlawful HaraSSMent..sesssecsessees aveaeenee
Immigration Law Com, PTTATITE «se sseeseassnenes
Employment Application...
Verification of Licenses.
Federally-funded Healthcare Program Exclusion / Sanction......... ersesee
Staff RIGhts ...sseessneee
Hours of Work and Work Schedules ...sssssssrsesoressssssssessessensanssssssesersseen
Mea! and Rest Periods.....
Employment Categories...
Attendance and Punctuality
Performance Evaiuations
Transfers and Promotions ..
Employment of Relatives ....
Outside Employment ....ssssssssseee
Shared Employment .....sssccsseen
Access to Personnel Records ..
Personne! Data Changes
Performance Management...
Resignation and Separation of Employment........... sasensevansvensestocnesatane' sseesoeneeeeses: seaseree 19
Exit Interview.....sesssece eaeenneaenanenoes
Return of Facility Property.......
Revise 09/18/12 Page 4
DHOO004Reductions in Force and Severance Pay......... cane
Rehire and Reinstatement.........+00+ oe
Paydays and Paychecks.
Timekeeping ..
Overtime.
Administrative Pay Corrections..
Pay Deductions.......
Wage Attachments and GarnlShments ....sscssesssessseesseseen
Health and Welfare Benefits......0....+
Benefits Continuation (COBRA)......
Employee Assistance Program (EAP).
Leaves of Absence..
Family and Medical Leave Act
MedIcal Leave — Non-Occupational and Occupatlonal.........:00s«
General Leave No Changes......sseaeeeees om
Jury Duty Leave No Changes .......... eeeneneaseenes
Military Leave No Changes...
Witness Duty Leave No Changes ..
Bereavement Leave No Changes.
Returning From Leaves of Absence No Changes......
Workers’ Compensation...
Liability and Malpractice Insurance secre se
Pail Time Off -sssssssscnsesernestneeersceeanstes
Seminars and Special Training..
Employee Stock Purchase Plan.
Tenet 401(k) Retirement Savings Plan
No Solicitation / No Distribution Policy .........+» svotens
No-Access Policy s...seve ae
Facllity Bulletin Board Policy..........++0» agaeaceatennesseeonsntenn eusennes
Confidential Information........ accnueenneens
Smoke-Free Workplace
Drug-Free Workplace.
Medical Examinations.. sassouenesvesneenaneeeneencons savnereee 41
ee =— a ee
Revise 09/18/12 Page 5
DHOG00SSafety ....
Use of Equipment and Vehicles....... seananenen ae rveren
Theft Prevention...
Security Inspections...
Workplace Monitoring .
Use of Information and Technology System:
Violence in the Workplace..sssssssesesesee
Appearance and Hyglene............. euenenes aeongasenesensonssnatsseesenessest a ssenanaeneeen sunernsacasen AZ
Telephone USe......0see aenazoren deataneerscensenesecusecesanternanenenenesey
Use of Facility Natme.....esesssersecssrerseente
Travel on Facility Business
Voting Time......
Applicability and Coverage
The Dispute Resolution Process......
Step 1: Supervisor...
Step 2: Department Head.......
Step 3: AAMInistration w.ccsessnssseesessnecsneren scasennanen
Step 4: FTP Committee...
Step 5: Final and Binding Arbitration.
The FTP Committee Process
The Arbitration Process......
Other Important Information ......
saeee ssesecnseeacernensenersreeeees OO
58
-60
61
Employee Conduet and Work Rules ......
Professional Relatlonships with Patients........
False Claims Laws......
Revise 09/18/12 Page 6
DHa0006ABOUT YOUR HANDBOOK
This Handbook and Handbook Supplement has been prepared to provide all of
our employees an overview of basic Facility policies, practices and benefits. We
believe that understanding the Facility and how it works is an important step in
developing and maintaining productive employer/empioyee relationships. Please
take the time to read this Handbook. It won't take you very long. It contains
important information that will affect you every day.
The term "facility" as used throughout this manual refers to any divisions,
subsidiaries, offices, facility's, buildings or other Tenet-owned or operated
locations. This Handbook applies to all employees of Tenet and its facility's,
exempt and non-exempt, managerial and non-managerial. Please remember
that this Handbook is not a contract of employment, that your employment with
the facility at all times is at-will, and that either you or the facility can terminate
the employment relationship at any time, with or without cause or notice. !f your
employment is governed by a Collective Bargaining Agreement (‘CBA’), any
provisions in the CBA which are inconsistent with this Handbook will govern.
Facility Policies
The policies outlined in this Handbook and, where applicable, Handbook
Supplement, reflect the usual way of handling various situations. It is important
for you to understand these policies in order to be a well-informed employee.
Management, however, reserves the right to deviate from existing policies in its
discretion because of individual circumstances or special needs. There will also
be situations that require a change from time fo time in policies, practices and
benefits described in this Handbook, Accordingly, except-with respect to the
employment-at-will policy and the mutual agreement to arbitrate disputes relating
to your employment, the facility reserves the right to modify, add, delete or revise
any provisions contained in this Handbook and/or Handbook Supplement at any
time as it deems necessary or appropriate in its sole and absolute discretion. We
will periodically distribute updates to you as policies and benefits are changed
and updated. Also, please refer to the policies in this Handbook in conjunction
with the most up-to-date policies applicable to your facility on eTenet or your
facility's intranet or through your Human Resources Representative.
Your Supervisor
Each new employee is assigned to a supervisor who will help you adapt to your
facility work routines and procedures. Supervisors also offer guidance and may
-assist you in communications with management, as well as encourage your
career growth and development.
Revise 09/18/12 . Page 7
DH00007Department managers and department directors are also available to help you
and your supervisor maintain a productive relationship with each other and with
the facility. If at any time you have questions, concerns or suggestions about
your work, facility policies or the operation of the facility in general, feel free to sit
down and discuss them with your supervisor or a Human Resources
Representative. While your supervisor is not authorized to modify or amend a
policy nor is a supervisor's interpretation of a policy or procedure final and
binding, your supervisor's insight may be helpful to you. Should you have
questions or concerns about a policy after speaking with your supervisor, you
should seek further guidance from your Human Resources Representative. Our
goal is to share with employees the facility's mission of providing high-quality
healthcare services while promoting a sincere pride in the workplace. We can
only do this by working closely together.
Orientation/Re-Orientation
You are required to undergo an orientation at the time you begin work. Your
Human Resources Representative will work with your supervisor to schedule
your orientation. Certain facility employees are required to complete an annual
te-orientation.
Your Human Resources Representative
Your Human Resources Representative provides employees with information
and necessary assistance to understand our facility's human resources policies
and to promote a positive work environment. Your Human Resources
Representative is available to help you with any problems or concerns during
your employment.
The Human Resources Representative is responsible for maintaining complete
and up-to-date personnel records for all current employees. You have a
tesponsibitity to notify your Human Resources Representative promptly of any
changes in your name, home address, telephone number or any information
changes that would impact your benefits.
All requests for employment verifications and employee references must be
directed promptly to the Work Number (TALX), information is located on eTenet
or available from your Human Resources Representative.
Revise 09/18/12 Page 8
DHo0008negatively affecting patient care, including treatment, the employee will be
required to participate in such care and treatment. You must submit a Request
Not to Participate Form to your supervisor at the time of hire, or as soon as
possible after you are notified that you may be required to participate in such
aspect of patient care or treatment. You may be floated to a position in another
department for which you are qualified, or may be asked to leave work while the
facility brings in other staff to provide patient care. See your Human Resources
Representative for the form and further Information.
Hours of Work and Work Schedules
Hours of work and work schedules for employees vary throughout the facility.
Your supervisor will advise you of your individual work schedule according to the
facility's specific procedures. Staffing needs and operational demands may
necessitate variations in starting and ending times, as well as variations in the
total hours that may be scheduled each day and week. The facility will strive to
give you adequate advance notice of schedule variations.
Please consult the Handbook Supplement if appropriate, or ask your supervisor
or Human Resources Representative for your facility's hours of work and work
schedule.
Meal and Rest Periods
Meals and rest periods will be provided according to applicable state law and will
be scheduled according to the facility's’ procedures, to accommodate patient
needs or other business requirements.
Please consult the Handbook Supplement, if available, or ask your supervisor or
Human Resources Representative for details regarding meal and rest periods.
Employment Categories
The facility provides definitions of employment classifications so that you
understand your employment status and benefits eligibility. These classifications
do not guarantee employment for any specified period of time. Accordingly, you
or the facility have the right to terminate the employment relationship at will at
any time.
. Employees are designated as either nonexempt or exempt. Nonexempt
employees are entitled to overtime pay under specific provisions of federal and
state laws. Exempt employees are excluded from the overtime provisions of
these laws and are not eligible for overtime pay. Exempt employees are ,
expected to work whatever time is necessary to meet defined job responsibilities.
Revise 09/18/12 Page 14
DHO0014In addition to belonging to one of the above categories, you will also belong to
one of the following other employment categories:
+ Regular Full-Time employees are those who are not in a temporary status
and who are regularly scheduled to work a full-time schedule of 32 hours or
more per week. Generally, regular full-time employees are eligible for the
facility's benefit package, subject to the actual terms, conditions and
limitations of each benefit program's plan documents.
+ Reguiar Part-Time employees are those who are not assigned a temporary
status and who are scheduled to work less than a full-time schedule. They
may not be eligible for some or all of the facility's benefit programs, subject to
each program's plans. Generally, individuals are considered "Part Time (1)" if
they are scheduled to work 24 hours per week or more, and "Part Time (2)" if
they are scheduled to work fess than 24 hours per week,
* Per Diem employees, sometimes referred to as “pool,” are those who work on
an "as-needed" basis. The facility offers this category in limited classifications
and to limited numbers of employees.
» Temporary employees are those hired as interim replacements to temporarily
supplement the work force or to assist in the completion of a specific project.
Employment assignments in this category can be either full-or part-time and
are of a limited duration, usually no more than six months. Employment
beyond any initially stated time period does not in any way imply a change in
employment status. Temporary employees retain that status unless and until
notified of a change.
individuals in the categories listed above are considered eligible for Social
Security and Workers' Compensation purposes.
Attendance and Punctuality
To maintain a safe and productive work environment, regular and punctual
attendance is an essential function of your job, and the facility expects you to be
reliable and punctual in reporting for scheduled work. Absenteeism and tardiness
place a burden on the facility and other employees. If you are not able to report
to work as scheduled, you should notify your supervisor as soon as possible in
advance or as required by your facility policy. Either excessive absenteeism or
tardiness will lead to corrective action, up to and including termination of
employment. Please remember:
* You are expected to report to work during inclement weather conditions
pursuant to your facility specific policy. Please refer to your facility's specific
policy.
Revise 09/18/12 Page 15
DHO0015+ If you are absent from work for two (2) consecutive days without giving proper
notice to the facility, you will be considered to have voluntarily resigned.
* Ifyou report to work without proper equipment or in improper attire, you may
not be allowed to work. if you report for work in a condition deemed not fit for
duty, whether for illness or any other reason, you will not be allowed to work,
Performance Evaluations
The facility strongly encourages you and your supervisor to discuss job
performance and goals on an informal, day-to-day basis. A formal performance
evaluation may be conducted after your first 90 days of employment (initial
evaluation period) or transfer or promotion into a new position. Additional formal
and informal performance reviews are conducted to provide both you and your
supervisor the opportunity to discuss job tasks, encourage and recognize
strengths, identify areas for improvement, and discuss positive and specific
approaches to meet performance goals. Formal performance evaluations
normally are scheduled every 12 months.
Transfers and Promotions
The facility believes in transferring and promoting qualified employees to
positions of increased responsibility whenever that action Is most appropriate.
Transfer and promotion decisions are based on long-term business goals,
employee performance, and the employee's potential for success in the new
position. Promotions and transfers shail be offered to employees at the sole
discretion of the facility.
You may access information regarding current vacant positions through your
Human Resources Representative or through on-line postings. Internai
candidates shall be given preference for promotional opportunities over external
candidates when training, skills and ability for the position are otherwise equal.
If you wish to be considered for an open position either within or outside of your
present department, you must discuss the request directly with your supervisor or
department director. If you want to apply for a particular transfer, contact your
Human Resources Representative for the appropriate forms.
You should be in your present position for a minimum of six months to be eligible
to apply for a posted position. If you are currently engaged in a Performance
Management plan, you are not eligible to apply for a posted position at this time.
The facility has established guidelines for transfer and promotion policies. Please
consult with your supervisor or Human Resources Representative for more
specific details.
a —aaaS ee
Revise 09/18/12 Page 16
DHO0016Paydays and Paychecks
Paydays are established and paychecks are issued according to each facility's
specific procedures. Each paycheck will include earnings for all work performed
through the end of the previous payroll period. The facility strives to provide
competitive and equitable pay for all positions. Please refer to the Handbook
Supplement if applicable, or ask your supervisor or Human Resources
Representative for any facility-specific procedures on paydays and paychecks.
Timekeeping
Accurately recording time worked is an important responsibility. Your facility
telies on you to record the time you begin and end your work, and the beginning
and ending time of each meal period accurately and in accordance with the
facility's specific procedures. You should also record the beginning and ending
time of any split shift or departure from work for personal reasons. Overtime work
should always be approved in advance before it is performed.
It is your responsibility to verify your time record to certify the accuracy of all time
recorded. Your supervisor will review and then initial the time record before
submitting it for payroll processing. If corrections or modifications are made to the
time record, both you and your supervisor must verify the accuracy of the
changes by initialing the time record. The actual time employees should report to
work and leave work is determined by their supervisors according to their
facility's specific procedures.
You should not certify a time record that is inaccurate. Changing, falsifying,
tampering with time records, or recording time on another employee's time record
will result in corrective action, up to and including termination of employment. If
you fail to submit accurate and complete time records on a timely basis, you may
delay the processing of your paycheck as permitted by applicable state law. Your
continued failure to submit accurate and complete time records or failure to follow
facllity procedures in this regard may result in corrective action up to and
including termination of employment. .
Please consult the Handbook Supplement if applicable, or ask your supervisor or
Human Resources Representative for any additional information about the
timekeeping policy.
Overtime
In facility's where mandatory overtime is permitted by law, you may be scheduled
to work overtime hours when operating requirements or other needs cannot be
met during regular working hours. When possible, advance notification of these
Revise 09/18/12 Page 23
DH00023mandatory assignments will be provided. Overtime assignments will be
distributed as equitably as practical to all employees qualified to perform the
required work. A failure fo work scheduled overtime may result in corrective
action, up to and including termination of employment.
Under any circumstances, you should receive your supervisor's prior
authorization to work overtime. If you work overtime without proper authorization
from your supervisor, you may be subject to corrective action, up to and including
termination of your emplayment, even though you will be paid for all such time
worked.
Overtime compensation is paid to all non-exempt employees in accordance with
applicable federal, state, and local wage and hour requirements. As required by
law, overtime pay is based on actual hours worked and it cannot be waived. Time
off far sick leave, vacation leave or any leave of absence wili not be considered
hours worked for purposes of performing overtime calculations.
Please consult the Handbook Supplement if applicable, or ask your supervisor or
Human Resources Representative for your facility's policy on overtime.
Administrative Pav Corrections
The facility takes all reasonable steps to ensure that you receive the correct
amount of pay in each paycheck and that you are paid promptly on the
scheduled payday. You should, however, review your paycheck closely upon
receiving it and check it for accuracy. In the unlikely event that there is an error
in the amount of pay, you should promptly bring the discrepancy to the attention
of the facility so that corrections can be made as quickly as possible. As
permissible under applicable law, once under payments are identified, they will
be corrected in the next regular paycheck, and overpayments will also be
handied in the same manner. Where there is a substantial amount owed, the
employee may request a different repayment schedule.
Pay Deductions
The law requires certain deductions be made from your compensation. Among
these are applicable federal, state and local income taxes. The facility offers
programs and benefits beyond those required by law. If you are an eligible
employee, you may voluntarily authorize deductions from your pay to cover the
costs of participation in these programs. Please refer to the Handbook
Supplement if applicable, or ask your supervisor or Human Resources
Representative for further information regarding other voluntary deductions.
Revise 09/18/12 Page 24
DHO0024See concurrently filed Notice of Lodging Non-Paper
Exhibits
Exhibit 4BY FAX
wo on KA HW PB wWN
bros
Joseph Antonelli, Esq. (Bar No. 137039)
JAntonelli@antonellilaw.com
Janelle Carney, Esq. (Bar No. 201570)
JCarney@antonellilaw.com
LAW OFFICE OF JOSEPH ANTONELLI
14758 Pipeline Ave., Suite E, 2nd Floor
Chino Hills, CA 91709 .
Tel.: (909) 393-0223 / Fax: (909) 393-0471
Joseph Lavi, Esq. (SBN 209776)
Vincent C. Granberry, Esq, (SBN 276483)
LAVI & EBRAHIMIAN, LLP
8889 W. Olympic Blvd., Suite 200
Beverly Hills, California 90211
-Tel.: (310) 432-0000/ Fax: (310) 432-0001
CUPY
Attorneys for Plaintiff and all others similarly situated and the general public
"SUPERIOR COURT OF THE STATE OF CALIFORNIA
FOR THE COUNTY OF SAN JOAQUIN
REGINALD LYLE, on behalf of himself and
others similarly situated,
Plaintiff,
ve
DOCTORS HOSPITAL OF MANTECA, INC.;
AUXILLIARY OF DOCTORS HOSPITAL OF
MANTECA; DRS HOSP OF MANTECA INC;
SP OF MANTECA INC; TENET
HEALTHCARE CORPORATION; TENET
HEALTH INTEGRATED SERVICES, INC.;
TENET HEALTH; and DOES 1 to-100,
inclusive,
Defendants
Ne
Case No.: STK-CV-UOE-2016-6523
Hon. Michael Mulvihill
Dept. 10C
CLASS ACTION
NOTICE OF LODGING NON-PAPER
EXHIBIT IN SUPPORT OF
PLAINTIFF’S MOTION FOR CLASS
CERTIFICATION
Date: TBD
Time: 8:30 a.m.
Dept.: 10C
Action Filed: July 5, 2016
Trial Date: June 10,2019
NOTICE OF LODGING NON-PAPER EXHIBIT IN SUPPORT OF PLAINTIFF'S
. MOTION FOR CLASS CERTIFICATION
FILED BY FAXFSS ee
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iExhibit 5Doctors Hospital JOB DESCRIPTION & PERFORMANCE EVALUATION
@ I Of Manteca Employee Name:
+ Tanel California Ho Evaluation Period: TO
Evaluation Score:
POSITION TITLE: Surgical Technologist I DEPARTMENT: — Surgical Services
REPORTS TO: Registered Nurse EXEMPTINON: Non-exempt
SUPERVISES: N/A
i b A.
Date written: June 12, 2001 Approved: aides, YT exer
Department Mi jer/Director -
Reviewed: duly 28, 2006
Revised: July 28, 2006 Approved: C/o Balow
Human Resources Director
POSITION SUMMARY: Briefly describe the major duties and responsibilities of the position.
“The Surgical Technologist | is an individual who has received specified basic education and
training to qualify him/her to function in delineated areas of patient care in the Operating Room
GByssisting the physician and Registered Nurse. Performs other duties as tequired.
Is required to be on call after regularly scheduled hours'to cover emergency surgeries. Must be
able to arive at hospital within 20 minutes of notification.
Revisions to the job description, accountabilities, and measures may be required due to patient
care needs and/or efficient operation of the Hospital. You will be advised in writing of any
changes. Itis also understood that the job description is not all-inclusive-and you may be required
to perform other related duties. The incumbent Is accountable for reviewing the job
description and lating as necessary.
| have read and understand this job description and agree to fulfill the accountabilities and
Qa Measures as described. _
Ati : Date:
IZ Z *s goes
8/2106
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F:\HRiperfappriSssurtech.dac . 1
DH00514JOB DESCRIPTION & PERF, .MANCE EVALUATION
| Doctors Hospital : 4
t Of Mantevs P Employee Namet Sr 4 4s Thorns
Evaluation Period: TO
Tenet Colifornta _—______—.
Evaluation Score:
POSITION TITLE: Staff AN. DEPARTMENT: Surgicai Services
REPORTS TO: Director of Surgical Services EXEMPT/NON: Non-exempt
Vi 3 , ope oe
SUPERVISES: N/A Ly z Ro
Date written: June +2, 2004 Approved: CH Wel Cos
Department Managor/Mirector
Reviewed: October 8, 2013
Revised; October 10, 2013 Approved: bbe
Chief Human Resources Ollicer
POSITION SUMMARY: Briefly describe the major duties and responsibilities of the position.
The professional Registered Nurse {s rasponsible and accountable for the delivery of skilled, high
quallly care for all patient groups in Surgical Services; for assisting in planning, organizing,
implementing and-evaluating nursing practice In accordance with the department's philosophy of
nursing goals and objectives. Demonstrates a high degree of critical thinking, technical skill,
Initiative, integrity, accuracy and nursing Judgment In an Interdisclplinary practice. Performs other
duties as required,
This position is required to be on call after regularly scheduled hours to cover emergency surgeries
and must be able to arrive at hospital within 20 minutes of notification.
Revisions to the jab description, accountabilities, and measures may be required due to patient
care needs and/or efficient operation of the Hospital. You will ba advised in writing of any
changes. It Is also understood that the Job description Is not all-inclusive and you may be required
to perform other related duties. The Incumbent {s accountable for reviewing the Job
description and updating as necessary.
| have read and understand this job description and agree to fulfill the accountabilities and
performance measures as described.
Employee's Printed Name: Employee's Signature: xe
vont O Tomas ne | nore) Ros\ys:
S:HRilob Deseriptions/STAFF RN - SURGERY Oot 2013 ? {
Thomas0066] Doctors Hospital JOB DESCRIPTION & PERFORMANCE EVALUATION
4 Of Manteca Employee Name:
Tenet Callforala Evaluation Perlod: TO
Evaluation Score:
POSITION TITLE: Surgical Technologist | DEPARTMENT: Surgical Services
REPORTS TO: Registered Nurse EXEMPT/NON: Non-exempt
SUPERVISES: N/A
Date written: J A | LEE paps
ate written june 12, 2001 approver Yi) Mike
Reviewed: October 11, 2013
ar | IC -
Revised: October 16, 2013 Approved: wauls| bigger
Human Resources Directot~~.
POSITION SUMMARY: Briefly describe the major duties and responsibilities of the position.
The Surgical Technologist | is an individual who has received specified basic education and
training to qualify him/her to function in delineated areas of patient cara In the Operating Room
assisting the physician and Registered Nurse. Performs other duties as required.
By Is required to be on call after regularly scheduled hours to cover emergency surgeries. Must be
able to arrive at hospital within 20 minutes of notification.
Revisions to the job description, accountabilities, and measures may be required due to patient
care needs and/or efficient operation of the Hospital. You will be advised in writing of any
changes. Its also understood that the Job description Is not all-inclusive and you may be required
to parform other related duties. The Incumbent ig accountable for reviewing the [ob
description and u
Preview
BY FAX oe Oo ND A BR WN woN YN poe NR S| Fe Se es ee eK oe Se BPRRBRRERBBE SEB RABE NHH DS - ORIGINAL LED SUPDRiua CUERT - STOCK TGH| Joseph Antonelli, Esq. (Bar No. 137039) ~ sf sanienell antonellilaw.com 2e1g HAR 8 PH I2: 93 janelle Carney, Esq. (Bar No. 201570) JCarney@antonellilaw.com » A JUN QUELRO. CLERK LAW OFFICE OF JOSEPH ANTONELLI YO HW Me 14758 Pipeline Ave., Suite E, 2nd Floor ———SRPuTy Chino Hills, CA 91709 Tel.: (909) 393-0223 / Fax: (909) 393-0471 Joseph Lavi, Esq. (SBN 209776) Vincent C, Granberry, Esq. (SBN 276483) LAVI & EBRAHIMIAN, LLP 8889 W. Olympic Blvd., Suite 200 Beverly Hills, California 90211 Tel.: (310) 432-0000/ Fax: (310) 432-0001 Attomeys for Plaintiff and all others similarly situated and the general public SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN JOAQUIN REGINALD LYLE, on behalf of himselfand —_) Case No.: STK-CV-UOE-2016-6523 others similarly situated, en Michael Mulvihill Plaintiff, CLASS ACTION DECLARATION OF JANELLE “ CARNEY RE: EXHIBIT BINDER IN DOCTORS HOSPITAL OF MANTECA, INC, ) SUPPORT OF PLAINTIFF'S MOTION AUXILLIARY OF DOCTORS HOSPITAL OF } FOR CLASS CERTIFICATION MANTECA; DRS HOSP OF MANTECA INC; ) Date: TBD SP OF MANTECA INC; TENET Time: §30am, A.COaW” HEALTHCARE CORPORATION; TENET Dept.: 10C HEALTH INTEGRATED SERVICES, INC.; TENET HEALTH; and DOES | to 100, inclusive, Action Filed: July 5, 2016 Trial Date: June 10, 2019 a et Defendants hi DECLARATION OF JANELLE CARNEY RE: EXHIBIT BINDER IN SUPPORT OF PLAINTIFF'S MOTION FOR CLASS CERTIFICATIONpoe oO mI AA Sw pwn ynndh nn error geganen 6s Be && F&O S8 fF Fo we AN DH FY NY = 1, Janelle Carney, declare: 1. Iam an attorney duly license to practice law before all courts in the State of California. | am a partner at the Law Office of Joseph Antonelli, counsel for Plaintiff herein and I have personal knowledge of the facts herein. If called as a witness, I could and would competently testify herein. 2. Documents with the Bates stamp prefix “DH” or employee's last names were produced by Defendants. Documents Bates stamped “PLF” were produced by Plaintiff in this litigation. Plaintiff submits the following exhibits in support of his Motion for Class Certification: MINIMUM WAGE/ OFF THE CLOCK/ ROUNDING 3. A true and correct copy of Defendant’s Human Resources Policies and Procedures Manual Re: Attendance and Punctuality, dated March 11, 2010, is attached hereto as Exhibit 1. 4. A true and correct copy of Defendant’s timekeeping policy dated September 27, 2011, is attached hereto as Exhibit 2. 5. A true and correct copy of portions of Defendant’s employee handbook is attached hereto as Exhibit 3. 6. ‘Attached to the Notice of Lodging Non-Paper Exhibit filed concurrently herewith as Exhibit 4, is a USB drive with Excel and PDF files containing the time and payroll records for the sample of non-exempt hourly employees. ON-CALL/STANDBY 7. A true and correct copy of Doctors Hospital of Manteca Job Description and Performance Evaluation for Reginald Lyle, Janna Thomas, and Adolfo Fernandez, are collectively attached hereto as Exhibit 5. 8. A true and correct copy of Defendant’s Human Resources Policies and Procedures Manual Re: Premium Pay, is attached hereto as Exhibit 6. 9. A true and correct copy of Doctors Hospital of Manteca, Inc.’s Policy and Procedure dated September 9, 2014 re: Call Scheduling, is attached hereto as Exhibit 7. 1 DECLARATION OF JANELLE CARNEY RE: EXHIBIT BINDER IN SUPPORT OF PLAINTIFF'S MOTION FOR CLASS CERTIFICATIONoy aA wW Bw N o fe lL 12 13 14 15 17 18 19 20 21 2 23 24 25 26 27 28 10. A true and correct copy of Doctors Hospital of Manteca, Inc.’s Policy and Procedure dated 9/8/15 re: Surgery On Call Response, is attached hereto as Exhibit 8. MEAL AND REST 11. A true and correct copy of exemplars of meal waivers are attached hereto as Exhibit 9. 12. A true and correct copy of Doctors Hospital of Manteca Meal Period Waiver signed by Reginald Lyle, is attached hereto as Exhibit 10. : 13. A true and correct copy of Doctors Hospital of Manteca Meal Period Waiver signed by Adolfo Fernandez, is attached hereto as Exhibit 11. 14. A true and correct copy of Doctors Hospital of Manteca Meal Period Waiver signed by Janna Thomas, is attached hereto as Exhibit 12. 15. A true and correct copy of exemplars of Doctors Hospital of Manteca Missed/Late/Short Meal, Missed Rest Period, Missed Punch "OOPS" Sheet, is attached hereto as Exhibit 13. 16. A true and correct copy of Tenet Human Resource Policy Benefits and Compensation Re: Meal and Rest Periods dated May 15, 2012, is attached hereto as Exhibit 14. PAY STUB 17. A true and correct copy of various pay stubs for Reginald Lyle, June 5, 2015, and various other pay stubs dated May 2013 through December 2015, are collectively attached hereto] as Exhibit 15 18. True and correct copies of various pay stubs for class members Rebecca Martinez and Susana Fragano are collectively attached hereto as Exhibit 16. NUMEROSITY 19. A true and correct copy of Defendant Doctors Hospital of Manteca, Inc.’s Supplemental Response to Plaintiff Reginald Lyle’s Special Interrogatories, Set One, is attached hereto as Exhibit 17. Hilt WH 2 DECLARATION OF JANELLE CARNEY RE: EXHIBIT BINDER IN SUPPORT OF PLAINTIFF’S MOTION FOR CLASS CERTIFICATIONmo oD em NI KAD ew mown eh wynnndd terete eee aoaes cs Beka Ge FSD eA DY FY KP MISCELLANEOUS 20, A true and correct copy of Defendant’s “Book of P.R.I.D.E.” is attached hereto as Exhibit 18. 21, True and correct copies of DHMs’ New Hire Orientation slides are attached hereto as Exhibit 19. DEPOSITION EXCERPTS 22, True and correct copies of excerpted portions of deposition transcripts are attached hereto as follows: Exhibit 20: Deponent: Traci Holzer Position/Title: Person Most Knowledgeable Date of Deposition: April 18, 2018 Excerpted Testimony: 30:23-31:10; 31:15-32:183 47;3-48;3, 51:25- 52:24; 53:18-56:24; 56:25-57:9; 57:22-58:2; 58:9-14; 64;7-65:20, 66:12-18; 66:20-68:20; 69:16-72:18; 74:8-75:9; 75:12-25; 78:23-79:10; 82:4-18, 83:19-86:6, 89:14-90:8, 90:24-91:1; 91:12-92:18; 93:10-23; 94:20-97:11; 97:21-98:6; 98:7-98:24; 99:17-100:2; 100:9-101:3; 127:6- 128:16; 135:23-137:22; 143:18-21, 149:19-25; 150:1-153:3; 155:6-9, 157:13-158; 160:25-162:24; 166:9-115 166:12-19; 167:8-24; 168:12- 170:25 172:2-23; 174:10-177:21; 179:20-181:45 182:3-7; 183:23-184:2; 193:5-15; 197:17-200:10; 200:3-125 200:21-201:15; 203:2-11; 215:14- 223 226:15-227:15; 228:3-10; 228:11-231:25; 246:2-24. Exhibit 21: Deponent; Reginald Lyle Title/Position: Plaintiff Date of Deposition: March 21, 2018 Excerpted Testimony: 103:6-18; 115:4-75 116-118; 178:2-9; 195:8-10; 196:1-5; 198:20-199:24; 245:10-13; 248:14-25; 250:1-19 Hill 3 DECLARATION OF JANELLE CARNEY RE: EXHIBIT BINDER IN SUPPORT OF PLAINTIFF'S MOTION FOR CLASS CERTIFICATIONSoD ew N DH BR YW NY N meiwy YR NY KR ee Se ee ee Se SEs pre BRP ESB EFF Ce rA AA RF wWNH RK Exhibit 22: Deponent: Ron Ugalino Position/Title: Registered Nurse Date of Deposition: February 6, 2019 Excerpted Testimony: 25:20-26:9; 35:1-15; 38:13-39:11; 39:5-17; 41;12- 19; 55:6-21 I declare under penalty of perjury under the laws of the state of California the foregoing is true and correct. , Executed this 7th day of March 2019, at Chino Hills, California 4 DECLARATION OF JANELLE CARNEY RE: EXHIBIT BINDER IN SUPPORT OF PLAINTIFF’S MOTION FOR CLASS CERTIFICATIONExhibit 1Doctors Human Resources Policies and Procedures Hospital Manual of Manteca [ORIGINAL DATE TAST REVISED DATE: | LAST REVIEWED DATE: August 23, 2003 03/11/2010 03/11/2010 TENET SUBJECT: CORPORATE APPROVAL: POLICY NUMBER: Attendance and Punctuality FACILITY APPROVAL; 405-F PURPOSE: The purpose of this policy is to provide information on attendance and punctuality at Doctors Hospital of Manteca. POLICY: Every employee at Doctors Hospital of Manteca plays an important tole in keeping the Hospital's operation running smoothly and efficiently. Employees are expected to maintain an acceptable level of attendance. Absenteeism and tardiness place a burden on other employees and may impact the ability to provide quality patient care. Doctors Hospital of Manteca depends on all employees to be at their work station when assigned. Department Directors are responsible for keeping accurate attendance records and for taking appropriate disciplinary action when appropriate. A. Definitions 1. Occurrence is defined as any absence, shift that was not completed due to leaving work early, or tardy that was not scheduled In advance, and approved by the Department Director or designee. 2. Absence is defined as any time an employee is scheduled to work but is unable to report. This does not include pre-approved time off for vacation, holidays, leaves of absence, bereavement leave, jury duty leave, Hospital initiated time off, or other {egally protected absences from work. 3. When referring to absenteeism, an occurrence is defined as consecutive days of absence from work. 4, Tardiness is defined as any time an employee fails to report to thelr assigned work area on time, properly attired and ready for work. 5. When referring to tardiness, an occurrence refers to any time an employee is late for their assigned shift which includes returning from break and.meal periods. B. General 1. Employees must notify their supervisor at least 2 hours before the start of their shift if they are unable to report to work as scheduled. However, unit specific requirements may supersede the two hour call-in rule. Ss Document? DH00325—— rt SUBJECT: Attendance and Punctuality Page 2 of 4 2. No call/no show occurs when an employee fails to report for work or notify the supervisor of an impending absence and/or occurrence of tardiness within the time frames required by this Policy. No cali/fno show should result in a separate disciplinary action up to and including termination of employment. Documented patterns of absence such as absences before or after regutarly scheduled time off, may result in disciplinary action up to and including termination of employment. Employees absent from work for 3 or more days must provide a physician’s © statement verifying the absence duration. When retuming to work, employees must provide a physician's statement which permits them to resume their reguiar work duties. Department Directors have the discretion to require a physician's statement when an employee is absent from work for any length of time. Absences which qualify, have appropriately been certified under the Family Medical Leave Act (FMLA) by a qualified healthcare provider, and appropriate paper work completed with the Human Resources Department, are not counted as an occurrence. Refer to Human Resources Policy 703 for more information on the FMLA. Employees absent from work for two (2) consecutive days without proper notice will be considered to have voluntarily resigned their employment with Doctors Hospital of Manteca. c. Guidelines for Occurrences An absence as defined above equals one occurrence. A tardy as defined above, equals one-half of an occurrence. Occurrences will be counted on a rolling twelve-month period. Failure to maintain a standard level of attendance as defined in the Scale for Attendance, Attachment 1, will result in disciplinary action up to and including termination of employment. _When an employee fails to maintain a standard level of attendance at any time and has received disciplinary action, he/she will be placed on an action plan as defined in Attachment 1. Once the employee has successfully completed the action plan period, he/she will be under the standard guidelines of attendance as outlined in the Scale for Attendance. F:\Shared\HR\P&P\405,doc DH00326ee —— SUBJECT: Attendance and Punctuality ‘ Page 3 of 4 =—<— SS ————=aas D. Impact On Performance Appraisal If an employee fails to maintain a standard level of attendance and receives disciplinary action, the following will be reflected on the employee's annual performance appraisal. One action plan will result in a score of 1 for the attendance standard. Two action plans will result in a score of 1 for the attendance standard and .26 points will be deducted from the overall performance appraisal score. Three action plans will result in a score of 1 for the attendance standard and .50 points will be deducted from the overall performance appraisal score. Four action plans will result in a score of 0 and .75 points will be deducted from the overall performance appraisal score. PROCEDURE: A. Employees 4. Employees are responsible for adhering to the requirements set forth in this policy. B. Managers/Supervisors 1. Notify employees of starting times, break and meal times. 2. Record all absences, tardies and incomplete shifts. 3. Review attendance and punctuality recards regularly, at least quarterly, against the guidelines set forth In the Scale for Attendance in Attachment 1. If attendance fails to meet performance standards, managers are responsible for taking disciptinary action and’ placing employee on Action Pian as indicated on Attachment 1. 4. Consult with the Human Resources Department regarding appropriate disciplinary action when dealing with issues of excessive absenteeism, tardiness and/or possible eligibility for a Family Medical Leave. F:\Shared\HR\P&P\406.doo DH00327rr SUBJECT: Attendance and Punctuality Page 4 of 4 —————————————————————————————————————— ATTACHMENT 1 SCALE FOR ATTENDANCE OCCURRENCES MUST REMAIN AT OR BELOW STATED LEVELS FOR EMPLOYEES TO MEET PERFORMANCE STANDARDS EMPLOYMENT STATUS 42 MONTH PERIOD Full-Time 6 Occurrences Part-Time 4 Occurrences Per Diem To be classified based on a percentage of hours worked. ACTION PLAN FOR FAILURE TO-MAINTAIN STANDARD LEVEL OF ATTENDANCE No more than one (1) occurrence within three (3) months. No more than two (2) occurrences within six (6) months. No more than four (4) occurrences within twelve (12) months - Full-time employees. No more than three (3) occurrences within twelve (12) months - Part-time employees. F:\Shared\HR\P&P\405.doc DH00328Exhibit 2a . Tenet. Human Resource Policy No. . HR-501 ew Title: Page: lof2 Effective Date: 09-27-11 TIMEKEEPING Retires Policy Dated: 04-01-03 Previous Versions Dated: 08-01-00; 01-01-93 L SCOPE: This policy applies to (1) Tenet Healthcare Corporation and its wholly-owned subsidiaries and affiliates (each, an “‘Affiliate”); (2) any other entity or organization in which Tenet Healthcare Corporation or an Affiliate owns a direct or indirect equity interest greater than 50%; and (3) any hospital or healthcare facility in which Tenet Healthcare Corporation or an Affiliate either manages or controls the day-to-day operations of the facility (each, a “Tenet Facility”) (collectively, “Tenet”). Tl, PURPOSE: To provide supervisors with appropriate guidelines for maintaining accurate records of all hours worked by employee and all paid and unpaid time off taken by employee during each pay period, I. POLICY: Accurately recording time worked is the responsibility of every employee. Federal and state laws require Tenet to keep accurate records of time worked in order to calculate employee pay and benefits. Time worked is all the time actually spent on the job performing assigned duties. * Employees are required to accurately record the time they begin and end their work, as well as beginning and ending time of each meal period. Supervisors may have employees swipe their badges to record beginning and ending time for meal periods or may maintain a handwritten log at the work location in which the employee records beginning and ending times for meal periods. Accurate times must be recorded whether the time clock automatically deducts a 30-minute meal period or not. Employees must sign their time records to certify the accuracy of all time recorded. The supervisor will review and then initial the time record before submitting it for payroll processing. In addition, if corrections or modifications are made to the time record, both the employee and the supervisor should verify the accuracy of the changes by initialing the time record, The actual times that employees should report to work and leave work are determined by their supervisors and do not need to be recorded. Altering, falsifying, tampering with time records, or recording time on another employee’s time * record may result in corrective action, up to and including termination of employment. Failure of employees to submit accurate and complete time records on a timely basis may delay the processing of the paychecks as permitted by applicable state law. Contimed failure of employees to submit accurate and complete time records, or to fail to follow facility procedures in this regard may result in corrective action, up to and including termination of employment. DH00329Human Resource Police No.” -! TeneT _ ry 0, HR-50L Title: ; Page: 2 of 2 Effective Date: 09-27-11 TIMEKEEPING Retires Policy Dated: 04-01-03 Previous Versions Dated: 08-01-00; 01-01-93 PROCEDURE: Employee Record start work time and stop work time for all hours, including those taken for meal breaks or when leaving the facility on personal business. Actual times may be recorded by swiping the card through the time clock or, at facility discretion, by writing beginning and ending times for meal periods on a log. Sign the time record cach time period to verify the accuracy of the record. Obtain supervisor approval prior to working overtime. Supervisor Specify the manner in which the employees will record hours, including beginning and ending times for meal periods. Employees may be required to swipe their cards through the automated time clock mechanism for meal periods or may sign out and in on log for meal periods. Sample log is attached, Review all time records for accuracy, signing the time record before processing by Payroll. If the time record is corrected, obtain the signature of the employee and sign the correction. Ifthe employee works unauthorized overtime, pay hours according to the time record, using the corrective action procedure to change the employee's behavior. Human Resources Assist supervisors in developing methods for accurately recording all hours worked, including beginning and ending times for meal periods, whether the time clock automatically deducts a 30 minute meal period or not. Assist the supervisors with the use of the corrective action procedure when necessary to bring the employee into compliance with policy. Enforcement All employees whose responsibilities are affected by this policy are expected to be familiar with the basic procedures and responsibilities created by this policy. Failure to comply with this policy will be subject to appropriate performance management pursuant to all applicable policies and procedures, up to and including termination. Such performance management may also include modification of compensation, including any merit or discretionary compensation awards, as allowed by applicable law. DHO0330Exhibit 3Employee ~ HandbookDear Colleague, This is an exciting time for the healthcare industry and for our company. The industry is ripe with change and opportunity and our hospitals remain positioned to serve the communities in which we operate. - Each day in Tenet hospitals across the country, our employees make a difference in the lives of thousands of people. These aren't just any people; they are our patients and our neighbors and as an organization, we have a unique opportunity to provide them with safest and highest quality health care possible. We fulfill this mission by conducting our activities in a manner that is consistent with Tenet's core values: Quality, Integrity, Service, Innovation and Transparency. The foundation of our success is secured by an unrelenting commitment to ethical behavior and compliance with the laws that regulate our industry. As a new employee, you will soon participate in our ethics program to learn more about these behaviors. In the meantime, you can learn more about the importance Tenet places on ethics and compliance by reading the Standards of Conduct booklet. Again, welcome to Tenet. Let me thank you In advance for the hard work and commitment | know you will bring to our patients, your co-workers and our hospitals. Sincerely, Trevor Fetter President and Chief Executive Officer Revise 09/18/12 Page 2 DHO0002About Tenet Tenet, one of the nation’s largest health care services companies, operates hospitals, freestanding outpatient centers and Conifer Health Solutions, a leader in business process solutions for health care providers that serves over 250 facility and health care entities nationwide. Tenet's facilities and related health care facilities are committed to providing high quality care to patients in the communities they serve. As we seek to improve patients’ lives, our dedicated employees are guided each day by five core values: quality, integrity, service, innovation and transparency. Together, we strive to fulfill our purpose and responsibility of providing quality health care to those who need it. We make the following commitments to our patients, employees, shareholders and the communities we serve: © Acommitment to our patients to continually improve our quality of medical care and patient safety. « Acommitment to our employees to provide a workplace that is safe, a culture that promotes good values and high standards of conduct and compensation that Is fair. e Acommitment to our communities to provide good value for their healthcare expenditures, to advocate for the needs of patients, to be involved in citizenship and volunteerism and to be mindful of our impact on the earth's resources and the environment. e Acommitment to our shareholders to create value and to operate our business according to strategies and practices that Is sustainable. Revise 09/18/12 ; Page 3 DHoo003Contents.. ABOUT YOUR HANDBOOK. Facllity Policies ...........8 . YOUTr SUpervISOF v..esescsnsescenseeens Orientation/Re-Orientation ............ .. Error! Bookmark not defined. Your Human Resources Representative.. Your Employment... What You Can Expect From the Facllity .. What the Facility Expects From You Employee Relations....... Equai Employment Opportunity .....-essssssssseessseesene suseapseenen Sexual and Other Unlawful HaraSSMent..sesssecsessees aveaeenee Immigration Law Com, PTTATITE «se sseeseassnenes Employment Application... Verification of Licenses. Federally-funded Healthcare Program Exclusion / Sanction......... ersesee Staff RIGhts ...sseessneee Hours of Work and Work Schedules ...sssssssrsesoressssssssessessensanssssssesersseen Mea! and Rest Periods..... Employment Categories... Attendance and Punctuality Performance Evaiuations Transfers and Promotions .. Employment of Relatives .... Outside Employment ....ssssssssseee Shared Employment .....sssccsseen Access to Personnel Records .. Personne! Data Changes Performance Management... Resignation and Separation of Employment........... sasensevansvensestocnesatane' sseesoeneeeeses: seaseree 19 Exit Interview.....sesssece eaeenneaenanenoes Return of Facility Property....... Revise 09/18/12 Page 4 DHOO004Reductions in Force and Severance Pay......... cane Rehire and Reinstatement.........+00+ oe Paydays and Paychecks. Timekeeping .. Overtime. Administrative Pay Corrections.. Pay Deductions....... Wage Attachments and GarnlShments ....sscssesssessseesseseen Health and Welfare Benefits......0....+ Benefits Continuation (COBRA)...... Employee Assistance Program (EAP). Leaves of Absence.. Family and Medical Leave Act MedIcal Leave — Non-Occupational and Occupatlonal.........:00s« General Leave No Changes......sseaeeeees om Jury Duty Leave No Changes .......... eeeneneaseenes Military Leave No Changes... Witness Duty Leave No Changes .. Bereavement Leave No Changes. Returning From Leaves of Absence No Changes...... Workers’ Compensation... Liability and Malpractice Insurance secre se Pail Time Off -sssssssscnsesernestneeersceeanstes Seminars and Special Training.. Employee Stock Purchase Plan. Tenet 401(k) Retirement Savings Plan No Solicitation / No Distribution Policy .........+» svotens No-Access Policy s...seve ae Facllity Bulletin Board Policy..........++0» agaeaceatennesseeonsntenn eusennes Confidential Information........ accnueenneens Smoke-Free Workplace Drug-Free Workplace. Medical Examinations.. sassouenesvesneenaneeeneencons savnereee 41 ee =— a ee Revise 09/18/12 Page 5 DHOG00SSafety .... Use of Equipment and Vehicles....... seananenen ae rveren Theft Prevention... Security Inspections... Workplace Monitoring . Use of Information and Technology System: Violence in the Workplace..sssssssesesesee Appearance and Hyglene............. euenenes aeongasenesensonssnatsseesenessest a ssenanaeneeen sunernsacasen AZ Telephone USe......0see aenazoren deataneerscensenesecusecesanternanenenenesey Use of Facility Natme.....esesssersecssrerseente Travel on Facility Business Voting Time...... Applicability and Coverage The Dispute Resolution Process...... Step 1: Supervisor... Step 2: Department Head....... Step 3: AAMInistration w.ccsessnssseesessnecsneren scasennanen Step 4: FTP Committee... Step 5: Final and Binding Arbitration. The FTP Committee Process The Arbitration Process...... Other Important Information ...... saeee ssesecnseeacernensenersreeeees OO 58 -60 61 Employee Conduet and Work Rules ...... Professional Relatlonships with Patients........ False Claims Laws...... Revise 09/18/12 Page 6 DHa0006ABOUT YOUR HANDBOOK This Handbook and Handbook Supplement has been prepared to provide all of our employees an overview of basic Facility policies, practices and benefits. We believe that understanding the Facility and how it works is an important step in developing and maintaining productive employer/empioyee relationships. Please take the time to read this Handbook. It won't take you very long. It contains important information that will affect you every day. The term "facility" as used throughout this manual refers to any divisions, subsidiaries, offices, facility's, buildings or other Tenet-owned or operated locations. This Handbook applies to all employees of Tenet and its facility's, exempt and non-exempt, managerial and non-managerial. Please remember that this Handbook is not a contract of employment, that your employment with the facility at all times is at-will, and that either you or the facility can terminate the employment relationship at any time, with or without cause or notice. !f your employment is governed by a Collective Bargaining Agreement (‘CBA’), any provisions in the CBA which are inconsistent with this Handbook will govern. Facility Policies The policies outlined in this Handbook and, where applicable, Handbook Supplement, reflect the usual way of handling various situations. It is important for you to understand these policies in order to be a well-informed employee. Management, however, reserves the right to deviate from existing policies in its discretion because of individual circumstances or special needs. There will also be situations that require a change from time fo time in policies, practices and benefits described in this Handbook, Accordingly, except-with respect to the employment-at-will policy and the mutual agreement to arbitrate disputes relating to your employment, the facility reserves the right to modify, add, delete or revise any provisions contained in this Handbook and/or Handbook Supplement at any time as it deems necessary or appropriate in its sole and absolute discretion. We will periodically distribute updates to you as policies and benefits are changed and updated. Also, please refer to the policies in this Handbook in conjunction with the most up-to-date policies applicable to your facility on eTenet or your facility's intranet or through your Human Resources Representative. Your Supervisor Each new employee is assigned to a supervisor who will help you adapt to your facility work routines and procedures. Supervisors also offer guidance and may -assist you in communications with management, as well as encourage your career growth and development. Revise 09/18/12 . Page 7 DH00007Department managers and department directors are also available to help you and your supervisor maintain a productive relationship with each other and with the facility. If at any time you have questions, concerns or suggestions about your work, facility policies or the operation of the facility in general, feel free to sit down and discuss them with your supervisor or a Human Resources Representative. While your supervisor is not authorized to modify or amend a policy nor is a supervisor's interpretation of a policy or procedure final and binding, your supervisor's insight may be helpful to you. Should you have questions or concerns about a policy after speaking with your supervisor, you should seek further guidance from your Human Resources Representative. Our goal is to share with employees the facility's mission of providing high-quality healthcare services while promoting a sincere pride in the workplace. We can only do this by working closely together. Orientation/Re-Orientation You are required to undergo an orientation at the time you begin work. Your Human Resources Representative will work with your supervisor to schedule your orientation. Certain facility employees are required to complete an annual te-orientation. Your Human Resources Representative Your Human Resources Representative provides employees with information and necessary assistance to understand our facility's human resources policies and to promote a positive work environment. Your Human Resources Representative is available to help you with any problems or concerns during your employment. The Human Resources Representative is responsible for maintaining complete and up-to-date personnel records for all current employees. You have a tesponsibitity to notify your Human Resources Representative promptly of any changes in your name, home address, telephone number or any information changes that would impact your benefits. All requests for employment verifications and employee references must be directed promptly to the Work Number (TALX), information is located on eTenet or available from your Human Resources Representative. Revise 09/18/12 Page 8 DHo0008negatively affecting patient care, including treatment, the employee will be required to participate in such care and treatment. You must submit a Request Not to Participate Form to your supervisor at the time of hire, or as soon as possible after you are notified that you may be required to participate in such aspect of patient care or treatment. You may be floated to a position in another department for which you are qualified, or may be asked to leave work while the facility brings in other staff to provide patient care. See your Human Resources Representative for the form and further Information. Hours of Work and Work Schedules Hours of work and work schedules for employees vary throughout the facility. Your supervisor will advise you of your individual work schedule according to the facility's specific procedures. Staffing needs and operational demands may necessitate variations in starting and ending times, as well as variations in the total hours that may be scheduled each day and week. The facility will strive to give you adequate advance notice of schedule variations. Please consult the Handbook Supplement if appropriate, or ask your supervisor or Human Resources Representative for your facility's hours of work and work schedule. Meal and Rest Periods Meals and rest periods will be provided according to applicable state law and will be scheduled according to the facility's’ procedures, to accommodate patient needs or other business requirements. Please consult the Handbook Supplement, if available, or ask your supervisor or Human Resources Representative for details regarding meal and rest periods. Employment Categories The facility provides definitions of employment classifications so that you understand your employment status and benefits eligibility. These classifications do not guarantee employment for any specified period of time. Accordingly, you or the facility have the right to terminate the employment relationship at will at any time. . Employees are designated as either nonexempt or exempt. Nonexempt employees are entitled to overtime pay under specific provisions of federal and state laws. Exempt employees are excluded from the overtime provisions of these laws and are not eligible for overtime pay. Exempt employees are , expected to work whatever time is necessary to meet defined job responsibilities. Revise 09/18/12 Page 14 DHO0014In addition to belonging to one of the above categories, you will also belong to one of the following other employment categories: + Regular Full-Time employees are those who are not in a temporary status and who are regularly scheduled to work a full-time schedule of 32 hours or more per week. Generally, regular full-time employees are eligible for the facility's benefit package, subject to the actual terms, conditions and limitations of each benefit program's plan documents. + Reguiar Part-Time employees are those who are not assigned a temporary status and who are scheduled to work less than a full-time schedule. They may not be eligible for some or all of the facility's benefit programs, subject to each program's plans. Generally, individuals are considered "Part Time (1)" if they are scheduled to work 24 hours per week or more, and "Part Time (2)" if they are scheduled to work fess than 24 hours per week, * Per Diem employees, sometimes referred to as “pool,” are those who work on an "as-needed" basis. The facility offers this category in limited classifications and to limited numbers of employees. » Temporary employees are those hired as interim replacements to temporarily supplement the work force or to assist in the completion of a specific project. Employment assignments in this category can be either full-or part-time and are of a limited duration, usually no more than six months. Employment beyond any initially stated time period does not in any way imply a change in employment status. Temporary employees retain that status unless and until notified of a change. individuals in the categories listed above are considered eligible for Social Security and Workers' Compensation purposes. Attendance and Punctuality To maintain a safe and productive work environment, regular and punctual attendance is an essential function of your job, and the facility expects you to be reliable and punctual in reporting for scheduled work. Absenteeism and tardiness place a burden on the facility and other employees. If you are not able to report to work as scheduled, you should notify your supervisor as soon as possible in advance or as required by your facility policy. Either excessive absenteeism or tardiness will lead to corrective action, up to and including termination of employment. Please remember: * You are expected to report to work during inclement weather conditions pursuant to your facility specific policy. Please refer to your facility's specific policy. Revise 09/18/12 Page 15 DHO0015+ If you are absent from work for two (2) consecutive days without giving proper notice to the facility, you will be considered to have voluntarily resigned. * Ifyou report to work without proper equipment or in improper attire, you may not be allowed to work. if you report for work in a condition deemed not fit for duty, whether for illness or any other reason, you will not be allowed to work, Performance Evaluations The facility strongly encourages you and your supervisor to discuss job performance and goals on an informal, day-to-day basis. A formal performance evaluation may be conducted after your first 90 days of employment (initial evaluation period) or transfer or promotion into a new position. Additional formal and informal performance reviews are conducted to provide both you and your supervisor the opportunity to discuss job tasks, encourage and recognize strengths, identify areas for improvement, and discuss positive and specific approaches to meet performance goals. Formal performance evaluations normally are scheduled every 12 months. Transfers and Promotions The facility believes in transferring and promoting qualified employees to positions of increased responsibility whenever that action Is most appropriate. Transfer and promotion decisions are based on long-term business goals, employee performance, and the employee's potential for success in the new position. Promotions and transfers shail be offered to employees at the sole discretion of the facility. You may access information regarding current vacant positions through your Human Resources Representative or through on-line postings. Internai candidates shall be given preference for promotional opportunities over external candidates when training, skills and ability for the position are otherwise equal. If you wish to be considered for an open position either within or outside of your present department, you must discuss the request directly with your supervisor or department director. If you want to apply for a particular transfer, contact your Human Resources Representative for the appropriate forms. You should be in your present position for a minimum of six months to be eligible to apply for a posted position. If you are currently engaged in a Performance Management plan, you are not eligible to apply for a posted position at this time. The facility has established guidelines for transfer and promotion policies. Please consult with your supervisor or Human Resources Representative for more specific details. a —aaaS ee Revise 09/18/12 Page 16 DHO0016Paydays and Paychecks Paydays are established and paychecks are issued according to each facility's specific procedures. Each paycheck will include earnings for all work performed through the end of the previous payroll period. The facility strives to provide competitive and equitable pay for all positions. Please refer to the Handbook Supplement if applicable, or ask your supervisor or Human Resources Representative for any facility-specific procedures on paydays and paychecks. Timekeeping Accurately recording time worked is an important responsibility. Your facility telies on you to record the time you begin and end your work, and the beginning and ending time of each meal period accurately and in accordance with the facility's specific procedures. You should also record the beginning and ending time of any split shift or departure from work for personal reasons. Overtime work should always be approved in advance before it is performed. It is your responsibility to verify your time record to certify the accuracy of all time recorded. Your supervisor will review and then initial the time record before submitting it for payroll processing. If corrections or modifications are made to the time record, both you and your supervisor must verify the accuracy of the changes by initialing the time record. The actual time employees should report to work and leave work is determined by their supervisors according to their facility's specific procedures. You should not certify a time record that is inaccurate. Changing, falsifying, tampering with time records, or recording time on another employee's time record will result in corrective action, up to and including termination of employment. If you fail to submit accurate and complete time records on a timely basis, you may delay the processing of your paycheck as permitted by applicable state law. Your continued failure to submit accurate and complete time records or failure to follow facllity procedures in this regard may result in corrective action up to and including termination of employment. . Please consult the Handbook Supplement if applicable, or ask your supervisor or Human Resources Representative for any additional information about the timekeeping policy. Overtime In facility's where mandatory overtime is permitted by law, you may be scheduled to work overtime hours when operating requirements or other needs cannot be met during regular working hours. When possible, advance notification of these Revise 09/18/12 Page 23 DH00023mandatory assignments will be provided. Overtime assignments will be distributed as equitably as practical to all employees qualified to perform the required work. A failure fo work scheduled overtime may result in corrective action, up to and including termination of employment. Under any circumstances, you should receive your supervisor's prior authorization to work overtime. If you work overtime without proper authorization from your supervisor, you may be subject to corrective action, up to and including termination of your emplayment, even though you will be paid for all such time worked. Overtime compensation is paid to all non-exempt employees in accordance with applicable federal, state, and local wage and hour requirements. As required by law, overtime pay is based on actual hours worked and it cannot be waived. Time off far sick leave, vacation leave or any leave of absence wili not be considered hours worked for purposes of performing overtime calculations. Please consult the Handbook Supplement if applicable, or ask your supervisor or Human Resources Representative for your facility's policy on overtime. Administrative Pav Corrections The facility takes all reasonable steps to ensure that you receive the correct amount of pay in each paycheck and that you are paid promptly on the scheduled payday. You should, however, review your paycheck closely upon receiving it and check it for accuracy. In the unlikely event that there is an error in the amount of pay, you should promptly bring the discrepancy to the attention of the facility so that corrections can be made as quickly as possible. As permissible under applicable law, once under payments are identified, they will be corrected in the next regular paycheck, and overpayments will also be handied in the same manner. Where there is a substantial amount owed, the employee may request a different repayment schedule. Pay Deductions The law requires certain deductions be made from your compensation. Among these are applicable federal, state and local income taxes. The facility offers programs and benefits beyond those required by law. If you are an eligible employee, you may voluntarily authorize deductions from your pay to cover the costs of participation in these programs. Please refer to the Handbook Supplement if applicable, or ask your supervisor or Human Resources Representative for further information regarding other voluntary deductions. Revise 09/18/12 Page 24 DHO0024See concurrently filed Notice of Lodging Non-Paper Exhibits Exhibit 4BY FAX wo on KA HW PB wWN bros Joseph Antonelli, Esq. (Bar No. 137039) JAntonelli@antonellilaw.com Janelle Carney, Esq. (Bar No. 201570) JCarney@antonellilaw.com LAW OFFICE OF JOSEPH ANTONELLI 14758 Pipeline Ave., Suite E, 2nd Floor Chino Hills, CA 91709 . Tel.: (909) 393-0223 / Fax: (909) 393-0471 Joseph Lavi, Esq. (SBN 209776) Vincent C. Granberry, Esq, (SBN 276483) LAVI & EBRAHIMIAN, LLP 8889 W. Olympic Blvd., Suite 200 Beverly Hills, California 90211 -Tel.: (310) 432-0000/ Fax: (310) 432-0001 CUPY Attorneys for Plaintiff and all others similarly situated and the general public "SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF SAN JOAQUIN REGINALD LYLE, on behalf of himself and others similarly situated, Plaintiff, ve DOCTORS HOSPITAL OF MANTECA, INC.; AUXILLIARY OF DOCTORS HOSPITAL OF MANTECA; DRS HOSP OF MANTECA INC; SP OF MANTECA INC; TENET HEALTHCARE CORPORATION; TENET HEALTH INTEGRATED SERVICES, INC.; TENET HEALTH; and DOES 1 to-100, inclusive, Defendants Ne Case No.: STK-CV-UOE-2016-6523 Hon. Michael Mulvihill Dept. 10C CLASS ACTION NOTICE OF LODGING NON-PAPER EXHIBIT IN SUPPORT OF PLAINTIFF’S MOTION FOR CLASS CERTIFICATION Date: TBD Time: 8:30 a.m. Dept.: 10C Action Filed: July 5, 2016 Trial Date: June 10,2019 NOTICE OF LODGING NON-PAPER EXHIBIT IN SUPPORT OF PLAINTIFF'S . MOTION FOR CLASS CERTIFICATION FILED BY FAXFSS ee Ae ae ear aan if, oa iExhibit 5Doctors Hospital JOB DESCRIPTION & PERFORMANCE EVALUATION @ I Of Manteca Employee Name: + Tanel California Ho Evaluation Period: TO Evaluation Score: POSITION TITLE: Surgical Technologist I DEPARTMENT: — Surgical Services REPORTS TO: Registered Nurse EXEMPTINON: Non-exempt SUPERVISES: N/A i b A. Date written: June 12, 2001 Approved: aides, YT exer Department Mi jer/Director - Reviewed: duly 28, 2006 Revised: July 28, 2006 Approved: C/o Balow Human Resources Director POSITION SUMMARY: Briefly describe the major duties and responsibilities of the position. “The Surgical Technologist | is an individual who has received specified basic education and training to qualify him/her to function in delineated areas of patient care in the Operating Room GByssisting the physician and Registered Nurse. Performs other duties as tequired. Is required to be on call after regularly scheduled hours'to cover emergency surgeries. Must be able to arive at hospital within 20 minutes of notification. Revisions to the job description, accountabilities, and measures may be required due to patient care needs and/or efficient operation of the Hospital. You will be advised in writing of any changes. Itis also understood that the job description is not all-inclusive-and you may be required to perform other related duties. The incumbent Is accountable for reviewing the job description and lating as necessary. | have read and understand this job description and agree to fulfill the accountabilities and Qa Measures as described. _ Ati : Date: IZ Z *s goes 8/2106 f F:\HRiperfappriSssurtech.dac . 1 DH00514JOB DESCRIPTION & PERF, .MANCE EVALUATION | Doctors Hospital : 4 t Of Mantevs P Employee Namet Sr 4 4s Thorns Evaluation Period: TO Tenet Colifornta _—______—. Evaluation Score: POSITION TITLE: Staff AN. DEPARTMENT: Surgicai Services REPORTS TO: Director of Surgical Services EXEMPT/NON: Non-exempt Vi 3 , ope oe SUPERVISES: N/A Ly z Ro Date written: June +2, 2004 Approved: CH Wel Cos Department Managor/Mirector Reviewed: October 8, 2013 Revised; October 10, 2013 Approved: bbe Chief Human Resources Ollicer POSITION SUMMARY: Briefly describe the major duties and responsibilities of the position. The professional Registered Nurse {s rasponsible and accountable for the delivery of skilled, high quallly care for all patient groups in Surgical Services; for assisting in planning, organizing, implementing and-evaluating nursing practice In accordance with the department's philosophy of nursing goals and objectives. Demonstrates a high degree of critical thinking, technical skill, Initiative, integrity, accuracy and nursing Judgment In an Interdisclplinary practice. Performs other duties as required, This position is required to be on call after regularly scheduled hours to cover emergency surgeries and must be able to arrive at hospital within 20 minutes of notification. Revisions to the jab description, accountabilities, and measures may be required due to patient care needs and/or efficient operation of the Hospital. You will ba advised in writing of any changes. It Is also understood that the Job description Is not all-inclusive and you may be required to perform other related duties. The Incumbent {s accountable for reviewing the Job description and updating as necessary. | have read and understand this job description and agree to fulfill the accountabilities and performance measures as described. Employee's Printed Name: Employee's Signature: xe vont O Tomas ne | nore) Ros\ys: S:HRilob Deseriptions/STAFF RN - SURGERY Oot 2013 ? { Thomas0066] Doctors Hospital JOB DESCRIPTION & PERFORMANCE EVALUATION 4 Of Manteca Employee Name: Tenet Callforala Evaluation Perlod: TO Evaluation Score: POSITION TITLE: Surgical Technologist | DEPARTMENT: Surgical Services REPORTS TO: Registered Nurse EXEMPT/NON: Non-exempt SUPERVISES: N/A Date written: J A | LEE paps ate written june 12, 2001 approver Yi) Mike Reviewed: October 11, 2013 ar | IC - Revised: October 16, 2013 Approved: wauls| bigger Human Resources Directot~~. POSITION SUMMARY: Briefly describe the major duties and responsibilities of the position. The Surgical Technologist | is an individual who has received specified basic education and training to qualify him/her to function in delineated areas of patient cara In the Operating Room assisting the physician and Registered Nurse. Performs other duties as required. By Is required to be on call after regularly scheduled hours to cover emergency surgeries. Must be able to arrive at hospital within 20 minutes of notification. Revisions to the job description, accountabilities, and measures may be required due to patient care needs and/or efficient operation of the Hospital. You will be advised in writing of any changes. Its also understood that the Job description Is not all-inclusive and you may be required to parform other related duties. The Incumbent ig accountable for reviewing the [ob description and u