Washington Addendum

This addendum is applicable only to employees working in the state of Washington and only amends those provisions that are specifically addressed below. Regarding the amended provisions, in the event of any conflict between the Employee Handbook and this Addendum, this Addendum shall control. Except as set forth herein, the Employee Handbook is not modified by this Addendum.

This state addendum is to be read in connection with the Company's Employee Handbook. Together, the Employee Handbook and the Washington Addendum will provide you with important information about your employment with the Company and serve as a guide to the Company's current policies, practices, and procedures. If you have questions as you review the Employee Handbook or the Washington Addendum, please do not hesitate to discuss your questions with the Vice President.

Washington Policies

Policy Against Unlawful Harassment

The following supplements the anti-harassment, discrimination, and retaliation policies in the Employee Handbook.

Additional Examples of Prohibited Harassment: Harassment, including sexual harassment includes a broad spectrum of conduct. By way of illustration only, and not limitation, some additional examples of unacceptable behavior include:

• Unwelcome questions about a person's sexuality or gender identity or expression.
• Making or threatening retaliatory action after receiving a negative response to sexual advances.
• Hostile actions taken against an individual because of that individual's sex, sexual orientation, gender identity or expression, or the status of being transgender, such as:
  • Interfering with, destroying or damaging a person's work, workstation, tools or equipment, or other interference with the individual's ability to perform the job;
  • Ignoring or ostracizing them;
  • Yelling or name-calling.
• Degrading comments in the form of sex stereotyping, which occurs when conduct or personality traits are considered inappropriate simply because they may not conform to other people's ideas or perceptions about how persons of a specific sex should act or look.
• Other actions not listed above could constitute harassment and/or a violation of this policy and be subject to corrective action.

Location and Timing of Prohibited Conduct

Harassment prohibited by our policies is not limited to conduct that takes place at our physical workplace. It can occur during travel, at events sponsored by the Company, or via phone, email, text, or social media. Such behavior can also occur outside of scheduled work time. Employees who engage in conduct prohibited by our policies outside of the workplace or outside of work hours will be subject to corrective action.

Everyone should take collective responsibility for ending harassment in the workplace. An employee who has been the victim of harassment does not need to confront the harasser in order for a complaint, investigation, and corrective action to take place. Any employee who believes they have witnessed or experienced prohibited harassment may, if they choose to and can do so safely, inform the harassing person that such conduct is unwelcome and offensive and must stop. Regardless, employees who believe they have witnessed or experienced prohibited harassment should utilize the reporting procedure set out in the Employee handbook. Your notification of any problem to us is essential so we can address it. 

No Retailation

As discussed in the Employee Handbook, we are committed to prohibiting retaliation against those who themselves or whose family members report, oppose, or participate in an investigation of alleged unlawful harassment, discrimination, or other wrongdoing in the workplace. By way of example only, participating in such an investigation includes, but is not limited to:

• Filing a complaint with a federal or state enforcement or administrative agency;
• Participating in or cooperating with a federal or state enforcement agency conducting an investigation of the Company regarding alleged unlawful activity;
• Making or filing an internal complaint with the Company regarding alleged unlawful activity, including harassment;
• Testifying as a party, witness, or accused regarding alleged unlawful activity;
• Reporting that another employee has been unlawfully harassed;
• Assisting another employee who is engaged in any of these activities.

Retaliation means an adverse employment action that would discourage a reasonable person from coming forward to make a report. Some examples include termination, demotion, threatening text messages, retaliatory harassment by a supervisor or co-worker, or a disciplinary action based on false reasons where retaliation is the substantial motivating factor for the action.

If you experience or witness discrimination, harassment or retaliation, please report the incident immediately using the reporting procedures set out in the Employee Handbook.

Meal and Rest Breaks 

The Company will provide non-exempt employees with a thirty (30) minute duty-free meal period, which should begin between the second and fifth hour of work. Employees who are scheduled to work three or more hours beyond their normal work day will be provided an additional thirty (30) minute duty-free meal period. Employees are completely relieved of their job responsibilities during their meal periods. Employees must clock in and out for their meal periods, or record the beginning and ending time of the meal period on their timesheet every day. Employees may be required to confirm that they have taken all of their daily meal periods during the relevant pay period.

The Company will also provide employees with a ten (10) minute paid rest period for every four (4) hours worked. Rest breaks should be taken as near to the middle of the work period as possible, and no later than the end of the third hour worked. Employees are expected to schedule theif rest periods at their own discretion under these guidelines unless instructed otherwise by a supervisor. Employees may elect to take several "mini" breaks in each four hours of working time, so long as those mini breaks total ten minutes.

Rest periods are counted as hours worked, and thus, employees are not required to record their rest periods on their timesheets or time cards. Rest periods may not be waived. Rest periods may not be used to arrive late, to shorten your workday, lengthen a meal period, or be accumulated for any other purpose. Employees may be required to confirm that they have taken all of their rest periods during the relevant pay period.

No one may instruct you to skip your meal or rest periods. If you are not receiving your required meal or rest periods, please report it immediately to your supervisor or Human Resources.

 

Domestic Violence Leave

The Company provides reasonable and necessary leave time to employees who are victims of domestic violence, sexual assault, or stalking or who have covered family members who are victims of such crimes to:

• Seek legal assistance or remedies to ensure their own or their family members' health and safety, including participation in legal proceedings;
• Seek medical treatment or mental health counseling for yourself or a family member related physical or mental injuries caused by domestic violence, sexual assault, or stalking;
• Obtain or assist family members in obtaining services from social services programs, such as a domestic violence shelter or rape crisis center; or
• Participate in safety planning or other activities, including temporary or permanent relocation, to guard against future incidents of domestic violence, sexual assault, or stalking.

Covered "family members," for purposes of this policy, include an employee's child, spouse, registered domestic partner, parent, parent-in-law, grandparent, or person with whom the employee has a dating relationship.

Employees may take leave under this policy intermittently or as a reduced work schedule. Employees must provide the Company with as much advanced notice as practicable of their need for leave. If advance notice is not possible, employees must notify the Company of the need for leave no later than the end of the first day of leave. Additionally, the Company may require written documentation to support an employee's request for leave under this policy, however, such request will not include information that might compromise the employee's safety or the safety of their family members.

This leave is generally unpaid, unless the reason for the leave also qualifies for paid sick or safe leave under Washington law and the employee has such leave available. Employees may also elect to use any available paid vacation benefits. Leave under this policy may run concurrently with the federal Family and Medical Leave Act and/or any other applicable leave as permitted under federal, state, or local law.

Jury Duty/ Wittness duty

The Company provides sufficient unpaid leave time to employees who are summoned or subpoenaed to attend or participate in a court or other legal proceeding. Employees must provide the Company with as much advanced notice as possible of the need for leave, including the start and end dates and times.

Paid Sick Leave

Eligibitiy

This policy provides paid sick and safe time to employees as required by Seattle's Paid Sick and Safe Time Ordinance, SMC 14.16, and Washington's Paid Sick Leave law, Chapter 49.46 RCW. All Washington employees are eligible for Paid Sick Leave ("PSL") under this policy.

For purposes of this Policy, a benefit year is defined as a calendar year.

Accrual Amount

All eligible employees will accrue PSL at a rate of one (1) hour for every thirty (30) hours worked. PSL does not accrue for hours not worked, such as periods of approved leave or vacation.

Tracking Available Time 

Tracking Available Time Employees will be notified each pay period, either via each paycheck or by other means, of their amount of PSL accrued since the last notification, PSL reductions since the last notification, and any unused PSL available for use.

Carryover 

Eligible employees may carry over up to 72 hours of any available, unused PSL hours to the following benefit year.

Waiting Period for use

Employees are unable to use available PSL until they have reached the 90th calendar day of their employment.

Increments of use

Nonexempt employees may use PSL in 1-hour increments. Exempt employees must use PSL in one hour increments.

Reasons for use

Employees can use PSL for the following reasons:

• The employee's mental or physical illness, injury, health condition; the employee's need for medical diagnosis care or treatment of a mental or physical illness, injury or health condition; or the employee's need for preventive medical care. 
• To allow the employee to provide care for a covered family member with a mental or physical illness, injury, or health condition; care of a family member who needs medical diagnosis, care, or treatment of a mental or physical illness, injury, or health condition; or care of a covered family member who needs preventive medical care.

   

• The employee's place of business has been closed by order of a public official to limit exposure to an infectious agent, biological toxin or hazardous material.

   

• The employee needs to care for a child whose school or place of care has been closed by order of a public health official to limit exposure to an infectious agent, biological toxin or hazardous material.

   

• For certain reasons related to domestic violence, sexual assault or stalking that affect the employee or the employee's family member or household member. Contact the Vice President for more information.

   

  PSL may not be used for any other purpose, such as vacation.

For purposes of this Policy, "family member" includes the employee's child, grandchild, spouse, registered domestic partner, sibling, grandparent, parent, step-parent, and parent-in-law as these terms are defined in Seattle's Paid Sick and Safe Time Ordinance, SMC 14.16, and Washington's Paid Sick Leave Law, RCW 49.46.210. For purposes of this Policy, covered "household members" are spouses, domestic partners, former spouses or domestic partners, individuals who have a child in common, adult persons related by blood or marriage, adult persons who presently reside or previously resided together, individuals who are at least 16 years old and have or have had a dating relationship, individuals who are at least 16 years old, presently reside or previously resided together, and have or have had a dating relationship, and persons who have a biological or legal parent-child relationship, including stepparents and stepchildren and grandparents and grandchildren.

 

How to Request PSL

If your need for PSL is foreseeable, you must submit a written request at least 10 days in advance of using the PSL, or as early as possible. You should provide the written request to your direct supervisor or to the Vice President. When possible, the request should include the expected duration of the absence. When the use of PSL is foreseeable, the employee must make a reasonable effort to schedule the use of PSL in a manner that does not unduly disrupt the company's operations.

If your need for PSL is unforeseeable, you must notify your direct supervisor or the Vice President as soon as you know you will be absent. Absent emergency or other exigent circumstances, employees are required to call in before their regularly scheduled time. If you are unable to provide notice personally, notice may be provided by your spokesperson (e.g., spouse, domestic partner, adult family member, or other responsible party

For PSL use related to domestic violence, sexual assault, or stalking, employees must provide oral or written notice to a direct supervisor or to the Vice President no later than the end of the first day of use of this leave.

Documentation

Employees who are absent for more than three consecutively scheduled full or partial workdays will be required to provide reasonable documentation to verify the need for PSL. This may include documentation signed by the appropriate health care provider indicating that the PSL was necessary or, in the case of time off for reasons related to domestic violence, sexual assault, or stalking that affects the employee or the employee's covered family or household member, a police report, a court order, documentation that the employee or the employee's family or household member is experiencing domestic violence, sexual assault, or stalking, or an employee's written statement. However, to protect employee (and family member) privacy, employees generally do not need not disclose the underlying reason for a medical or dental appointment, any specific diagnosis related to a medical condition, or details regarding domestic violence, sexual assault, or stalking.

If providing the verification for the need for PSL would result in an unreasonable burden or expense, please contact the Vice President.

PSL Rate of Pay

An employee's PSL pay is calculated at the employee's normal hourly compensation. Please consult the Vice President for detailed information on how the rate of your PSL pay is calculated and the amount you are entitled to receive.

Concurrent Leave

Some circumstances that allow an employee to use PSL also may qualify for leave under applicable federal, state or other local laws (e.g., Washington's domestic violence leave law, leave taken due to an employee's disability and/or workplace injury, etc All applicable leaves will run concurrently to the fullest extent permitted by law. Please refer to the Company's other leave policies for more information.

PSL upon Re-Hire

If an employee separates from the Company and is rehired within twelve months, the Company will notify the employee of their previously accrued, unused PSL that will be reinstated and available for use upon rehire. If an employee separates from the Company and is rehired more than twelve months later, then previously accrued unused PSL is not reinstated, and the Employee is treated as a new hire under this policy.

No Cash-out of PSL

Unused PSL has no monetary value. It is not cashed out at any time during employment or upon separation of employment. Employees who are terminated, resign, or are otherwise separated from employment will not receive any pay-out for any unused PSL

No Retailation / Discrimination

We strictly prohibit any retaliation for an employee's lawful use of PSL, and we will not take any adverse action against an employee because the Employee has exercised their rights provided under Washington's Paid Sick Leave Law or Seattle's Paid Sick and Safe Time Ordinance. However, employees who misuse or abuse this policy, e.g., misrepresent the reason for use of PSL or use PSL hours for vacation, may be disciplined. Please immediately report any concerns to the Vice President.

Family Care Act

In accordance with the Washington State Family Care Act, employees who are eligible for paid time off, including time allowed under certain disability policies, may use the time for family care leave.

Family care leave may be used to care for a child with a health condition that requires supervision or treatment, or to care for a spouse, parent, parent in-law, or grandparent with a serious health or emergency condition.

Employees taking family care leave may use any accrued paid leave. The amount of leave is limited to actual accrued leave; employees cannot take advances on their paid leave to use for leave under this policy.

Parenal Leave

The Company provides employees who are adoptive parents or stepparents the same leave under the same terms as the Company grants to biological parents.

Family Military leave

The Company provides up to fifteen (15) days of unpaid leave to employees who work on average at least 20 hours per week and who are the spouse or registered domestic partner of a member of the armed forces of the United States, national guard, or reserves who has been notified of an impending call or order to active duty or has been deployed during a period of military conflict. This leave is limited to fifteen (15) days per deployment and is available only after the military spouse has been notified of an impending call or order to active duty and is limited to the time before deployment or when the military spouse is on leave from deployment.

Employees requesting leave under this policy should notify the Vice President within five (5) days of receiving official notice of an impending call or order to active duty or of a leave from deployment.

Leave under this policy is generally unpaid. However, employees may elect to use their accrued but unused paid leave. In order to use paid leave, an eligible employee must comply with the Company's normal procedures for taking leave.

Pregnancy or Childbirth Related Disability Leave

If an employee is sick or temporarily disabled because of her pregnancy or childbirth, the employee will be given leave for the duration of this sickness or temporary disability. Employees who seek pregnancy or childbirth-related disability leave will be required to provide a health care provider's statement to verify the disability and the length of leave needed. During this leave, the employee must use any applicable paid time off that she has available to cover some or all of the absence. Otherwise, the leave will be unpaid. Group health and other benefits will be handled in the same manner as for any other similar pregnancy or non-pregnancy related absence.

Leave under this policy generally runs concurrently with any other leave rights as allowed by law.

Pregnancy Accommodation

The Company provides reasonable accommodations to female employees for health conditions related to pregnancy, childbirth, or physical recovery from childbirth, to the extent the accommodation can be made without imposing an undue hardship on the business. When an employee requests leave or an accommodation under this policy, the Company will engage with the employee in a timely and good-faith interactive process to determine effective, reasonable accommodations for the employee, which may include, but are not limited to:

• Frequent, longer, or flexible bathroom breaks
• Modification of a no food or drink policy (if any)
• Providing seating or permission to sit more frequently
• Limiting lifting to 17 pounds or less

Unless the Company determines that doing so would cause a significant difficulty or expense, the Company will also accommodate pregnant employees in Washington with the following (subject to provision of medical documentation substantiating the employee's need for the accommodation):

Job modification such as changing a work schedule, assignment to a different position, changing a workstation, or providing different tools and equipment

• A transfer to a less hazardous or strenuous position
• The right to maintain a flexible schedule for prenatal medical appointments
• Limitation on lifting objects less than 17 pounds
• Other accommodations as needed, including leave.

Emergency Volunteer Leave

The Company provides reasonable and necessary unpaid leave to employees who serve as volunteer firefighters, reserve officers, or civil air patrol members engaged in an emergency service operation.

Employees must provide advanced notification of the need for leave to the Vice President if possible. If advanced notification is not possible, upon return, employees should provide appropriate certification from a supervisor or acting supervisor of the emergency unit to which the employee belongs, including of the date and time of service and confirming that the volunteer was active and necessary for the emergency response.

Leave under this policy is generally unpaid. However, employees may elect to use their accrued but unused paid leave. In order to use paid leave, an eligible employee must comply with the Company's normal procedures for the applicable paid-leave policy (e.g., call-in procedures, advance notice

Personnel Files

Once a year, an employee may request to review the information in the employee's personnel files. The Company will make the personnel file available locally within a reasonable period of time after the request is made. Employees may place a statement in their personnel file if they disagree with a document contained in the file.

Alcohol and Drug Policy

In addition to the provisions of the Alcohol and Drug Policy in the Company's Employee Handbook, please note that although the state has legalized the use of marijuana, the Company does not permit the use of marijuana in the workplace. Use of marijuana on Company property or while engaged in work-related activities is strictly prohibited and may result in discipline, up to and including immediate termination.

By signing below, this acknowledges that I have received a copy of the Davis Trucking, LLC ("Company") Employee Handbook and Washington Addendum and I will familiarize myself with its contents.

I acknowledge that nothing in the Employee Handbook and Washington Addendum creates or is intended to create a promise or representation of continued employment or an enforceable promise of specific treatment in a specific situation and that my employment, position, and compensation at the Company are at-will, shall be for no specific duration, and may be changed or terminated at the will of the Company. Both I and the Company have the right to terminate my employment at any time, with or without a reason or prior notice. By signing below, I certify that I understand that employment at-will is the sole and entire agreement between myself and the Company concerning the duration of my employment and the circumstances under which my employment may be terminated. It supersedes all prior agreements, understandings, and representations (whether written or oral) concerning the duration of my employment with the Company and/or the circumstances under which my employment may be terminated. My employment-at-will status may only be changed in a written document signed by the Vice President of the Company.

MY SIGNATURE BELOW ATTESTS TO THE FACT THAT I HAVE READ, UNDERSTAND, AND AGREE TO BE LEGALLY BOUND TO ALL OF THE ABOVE

DO NOT SIGN UNTIL YOU HAVE READ THE ABOVE ACKNOWLEDGMENT AND AGREEMENT.