STATE LAW: INSURANCE CODE 1871.4 PROHIBITS WORKERS’ COMPENSATION FRAUD BY EMPLOYEES

Under this law, any person who makes or causes to be made any knowingly false or fraudulent material statement or material representation for the purpose of obtaining or denying workers’ compensation benefits or payments is guilty of a felony. These violations may be punished by IMPRISONMENT for up to 5 years, or by a fine up to $150,000 or by both Imprisonment and fine.

Fairway Staffing Services will prosecute violators of this law to the full extent of the law.

I recognize that any offer of employment to me by Fairway Staffing Services is conditional upon my successful completion of a drug test to confirm there are no illegal or unauthorized substances in my system.

I hereby consent to submit to urinalysis and/or tests as shall be determined by Fairway Staffing Services for the purpose of testing for illegal drugs or alcohol. I agree that Fairway Staffing Services may collect the specimens for these tests and may test them, or forward them to a testing laboratory of their choosing for analysis.

I further agree to, and hereby authorize the release of, the results of said tests to Fairway Staffing Services.

I understand that a positive, confirmed test for illegal drugs or alcohol will prohibit me from being employed with Fairway Staffing Services.

I further agree to hold harmless, Fairway Staffing Services and its agents from any liability arising in whole or part out of the collection of specimens, testing, and use of the information from said testing in connection with the organization's consideration of my employment application.

I further agree that a reproduced copy of this Pre-Employment Drug Testing Consent Form shall have the same force and effect as the original.

I have carefully read the preceding information, fully understand its contents, and agree to the aforementioned testing, should I be offered employment with Fairway Staffing Services.

I acknowledge that my signing of this Consent and Release Form is a voluntary act on my part, and that I have not been coerced into signing this document by anyone.

I hereby authorize this background check to be released to:

Fairway Staffing Services, Inc.
17777 Center Court Drive North Suite 150
Cerritos, California 90703
(833)635-2020

Fairway Staffing Services offers a full array of benefits to its employees in compliance with state and federal laws. In consideration of my assignment to Client Company by Fairway Staffing Services, I agree that I am solely an employee of Fairway Staffing Services for benefits plan purposes and that I am eligible only for such benefits as Fairway Staffing may offer to me as its employee.

I further understand and agree that I am not eligible for or entitled to participate in or make any claim upon any benefit plan, policy, or practice offered by Client Company, affiliates, subsidiaries, or successors to any of their direct employees, regardless of the length of my assignment to Client Company by Fairway Staffing Services unless required by law.

Therefore, with full knowledge and understanding, I expressly waive any claim or right that I may have, now or in the future to Client Company benefits, except those required by law, and I agree not to make any claim for Client Company benefits other than those required by law.

Although Fairway Staffing Services hopes that employment disputes will not occur, the Company believes that where such disputes do arise, it is in the mutual interest of everyone involved to handle them in binding arbitration, which generally resolves disputes quicker than court litigation and with a minimum of disturbance to all parties involved.

By entering into this Mutual Agreement to Arbitrate ("Agreement"), the Company and the undersigned Employee are waiving the right to a jury trial for most employment-related disputes. The Employee further understands that entering into this Agreement does not alter the Employee's at-will employment with the Company.

The Company and the undersigned Employee hereby agree that any dispute with any party (including the Company, its affiliates, successors, and representatives) arising out of or in any way related to Employee's employment with the Company or the termination of Employee's employment with the Company shall be resolved by mandatory, binding arbitration before a retired judge or other arbitrator selected by mutual agreement of the Company and the Employee.

The arbitration requirement does apply to all statutory, contractual and/or common law claims arising from employment with the Company including, but not limited to, the following:

• Any dispute relating to the interpretation, applicability, enforceability, or formation of this Agreement, including but not limited to any claim that all or any part of this Agreement is void or voidable;
• Claims that could be asserted in court, including breach of any express or implied contract or covenant; tort claims; claims for retaliation or discrimination of any kind, or harassment (excluding pre-dispute claims for sexual harassment or sexual assault under H.R. 4445), including claims based on sex, pregnancy, race, national or ethnic origin, age, religion, creed, marital status, sexual orientation, mental or physical disability, medical condition or other characteristics protected by law. This includes claims under Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act, the Americans with Disabilities Act, the federal Fair Labor Standards Act, the California Fair Employment and Housing Act, the California Constitution, the California Labor Code, or any other federal or state statute covering these subjects;
• Claims for violation of any statutory leave law, including the federal Family and Medical Leave Act (FMLA), the California Family Rights Act (CFRA), California Paid Leave or any related federal or state statute;
• Violations of confidentiality or breaches of trade secrets;
• Violation of any other federal, state, or other governmental law, regulation or ordinance, whether based on statute or common law;
• Claims made against the Company or any of its subsidiary or affiliated entities, or its individual officers, directors or employees for any matters arising out of any of the above claims.
  
  This Arbitration Agreement does not cover the following claims:
  
  
• Administrative claims properly presented to an administrative agency, such as the Equal Employment Opportunity Commission (EEOC) or federal Department of Labor (Wage and Hour Division), or any equivalent state administrative agency, except that if any such claim is dismissed from the administrative agency's jurisdiction, the parties must then submit to binding arbitration pursuant to this Agreement. The Employee may (but is not required to) choose arbitration to resolve the Employee's dispute rather than pursuing a claim with an administrative agency;
• Workers' Compensation benefits;
• Unemployment compensation benefits;
• Claims based on the National Labor Relations Act;
• Claims based upon any Company employee benefit and/or welfare plan that contains an appeal procedure or other procedure for the resolution of disputes under the plan;
• Claims for pre-dispute sexual harassment or sexual assault as defined in H.R. 4445, unless the parties agree, post-dispute and in writing, to arbitrate those claims;
• Claims that by law may not be arbitrated.

Waiver of Representative Actions. Except as otherwise required by applicable law, the parties agree that all claims subject to binding arbitration under this Agreement, including as set forth more specifically above, shall be conducted on an individual basis, and not as a class action, representative Labor Code Private Attorneys General Act ("PAGA") action, or any other representative and/or collective action. If this waiver is deemed to be invalid as a matter of law, the class, PAGA, collective and/or representative action may be litigated in court. If any portion of this waiver remains valid, it shall be enforced in arbitration.

Arbitration Procedures. Binding arbitration under this Agreement shall be conducted in accordance with any applicable state statutes providing for arbitration procedures. Alternatively, if no such state statutes exist, then arbitration shall be conducted pursuant to the JAMS ("JAMS") rules for employment law disputes. A copy of these JAMS rules can be found at www.jamsadr.com under "Rules & Clauses". The parties may mutually agree upon another arbitration procedure. The Arbitrator shall be a retired superior or appellate court judge or other professional arbitrator chosen by agreement of the parties or any local dispute resolution service administered by the Superior Court of the county in which the dispute arose.

The Arbitrator shall not have any authority to consolidate, combine or aggregate the claims of the undersigned employee with those of any other employee. The Arbitrator shall have no authority to create an arbitration proceeding on a class, PAGA, collective and/or representative basis, nor to award relief to a class or group of employees in one arbitration proceeding.

Any dispute with any party arising out of or in any way related to Employee's employment with the Company or termination of employment with the Company must be submitted to binding arbitration within the applicable statute of limitations prescribed by law. With the exception of a filing fee that shall not exceed the cost to file a comparable claim in state or federal court, the Company shall pay the fees and costs of the Arbitrator, and each party shall pay for its own costs and attorneys' fees. However, the Arbitrator may award costs and/or attorneys' fees to the prevailing party to the extent permitted by law and shall follow any applicable statutory requirements regarding an award of attorneys' fees and costs. 

The parties will be permitted to conduct discovery as provided by the applicable state statute(s). In the absence of any such statute(s), the parties shall follow the discovery procedures set forth by JAMS. Within 30 days of the conclusion of the arbitration, the Arbitrator shall issue a written opinion setting forth the factual and legal basis for the Arbitrator's decision. The Arbitrator shall have the power and discretion to award to the prevailing party all damages provided under the applicable law.

Severability. If all or any portion of this Agreement is held to be invalid or unenforceable, it shall be stricken from the Agreement and the remainder of the provision and the Agreement shall be fully enforceable. Nothing in this Agreement is intended to violate California Labor Code Section 432.6 or California Government Code Section 12953. If any provision of this Agreement is held to be in conflict with a mandatory provision of applicable law, the conflicting provision of this Agreement shall be modified automatically to comply with the applicable law.

The parties each acknowledge that they have entered into this Agreement with full knowledge and understanding of its terms, and have not relied upon any promises or representations other than those contained herein. The parties each acknowledge that they have been given the opportunity to seek the advice of counsel with regard to the terms of this Agreement to the extent deemed necessary by that party.

By signing below, each party acknowledges that it is giving up its right to a court or jury trial by entering into this Agreement. The parties further understand that this Arbitration Agreement does not change Employee’s at-will employment status with the Company.

Meal and Rest Periods

Rest Breaks

All employees are entitled to rest break periods during their workday. You will be paid for all such break periods, and you will not clock out. You are expected to return to work promptly at the end of any rest break.

Number of Rest Breaks

You will be authorized and permitted one (1) 10-minute net rest break for every four (4) hours you work (or major fraction thereof, which is defined as any amount of time over two [2] hours). A rest break need not be authorized for employees whose total daily work time is less than three and one half (3.5) hours.

If you work a shift from three and one-half (3.5) to six (6) hours in length you will be entitled to one (1) ten-minute rest break. If you work more than six (6) hours and up to 10 hours, you will be entitled to two (2) ten-minute rest breaks. If you work more than 10 hours and up to 14 hours, you will be entitled to three (3) ten-minute rest breaks.

Timing of Rest Breaks

You are authorized and permitted to take a rest break in the middle of each four hour work period. There may be practical considerations that make this general timing infeasible and that require FAIRWAY STAFFING SERVICES or the client you are working for to deviate from this general rule. You will be informed if there are practical considerations that make this timing infeasible.

Meal Period

All employees will be provided an uninterrupted unpaid meal period of at least 30 minutes if you work more than five (5) hours in a workday. You must clock out for your meal period. You will be permitted a reasonable opportunity to take this meal period, and you will be relieved of all duty. During your meal period, you are free to come and go as you please and are free to leave the premises. You are expected to return to work promptly at the end of any meal period.

Timing of Meal Period

Your meal period will be provided no later than the end of your fifth hour of work. For example, if you begin work at 8:00 a.m., you must start your meal period by 12:59 p.m. (which is before the end of your fifth hour of work).

Recording Meal Periods

You must clock out for any meal period and record the start and end of the meal period.
Employees are not allowed to work “off the clock.” All work time must be accurately reported on your time record.

If for any reason you are not provided a meal period in accordance with our policy, or if you are in any way discouraged or impede from taking your meal period or from taking the full amount of time allotted to you, please immediately notify Human Resources or company official.

Anytime you miss a meal period that was provided to you (or you work any portion of a provided meal period), you will be required to report to Human Resources or company official and document the reason for the missed meal period or time worked.

Overtime

Employees may be required to work overtime as necessary. Only actual hours worked in a given workday or workweek can apply in calculating overtime. All overtime work must be previously authorized by a supervisor. FAIRWAY STAFFING SERVICES provides compensation for all overtime hours worked in accordance with state and federal law as follows:

• All hours worked in excess of eight hours in one workday or 40 hours in one workweek will be treated as overtime. A workday begins at 12:01 a.m. and ends at midnight 24 hours later. Workweeks begin each Monday at 12:01 a.m.;
• Compensation for hours in excess of 40 for the workweek, or in excess of eight and not more than 12 for the workday, and for the first eight hours on the seventh consecutive day of work in one workweek, shall be paid at a rate one and one-half times the employee's regular rate of pay;
• Compensation for hours in excess of 12 in one workday and in excess of eight on the seventh consecutive workday in a workweek shall be paid at double the regular rate of pay.

Open-Door Policy

Suggestions for improving FAIRWAY STAFFING SERVICES are always welcome. At some time, you may have a complaint, suggestion, or question about your job, your working conditions, or the treatment you are receiving. Your good-faith complaints, questions, and suggestions also are of concern to the Company. We ask you to first discuss your concerns with your supervisor, following these steps:

• At your earliest opportunity or within a week of the occurrence, bring the situation to the attention of your immediate supervisor, who will then investigate and provide a solution or explanation.
• If the problem persists, you may describe it in writing and present it to the Human Resources manager, who will investigate and provide a solution or explanation. If you need assistance with your complaint, or you prefer to make a complaint in person, contact Human Resources. We encourage you to bring the matter to the Human Resources manager as soon as possible after you believe that your immediate supervisor has failed to resolve it.
• If the problem is not resolved, you may present the problem in writing to the president of FAIRWAY STAFFING SERVICES, who will attempt to reach a final resolution. If you need assistance with the written complaint, contact Human Resources for help.

This procedure, which we believe is important for both you and the Company, cannot guarantee that every problem will be resolved to your satisfaction. However, FAIRWAY STAFFING SERVICES values your observations and you should feel free to raise issues of concern, in good faith, without the fear of retaliation.

Punch in / Punch out & Grace Periods

It is your responsibility to punch in when you start work, punch out for Lunch, punch in from Lunch, and punch out when you complete your work day. In the event you miss a punch, your responsibility is to report this scenario to a company supervisor, on-site personnel, and/or agency personnel immediately.

Continuous absences and/or tardiness are not allowed, some client companies handle this policy in different ways. For your information, please check with client company with regards to their absence and/or tardiness policy. Continuous absences and/or tardiness may result in warnings up to including termination of employment.

Some client companies handle Grace Periods in various ways, while some might allow a 3 or 5 minute grace period, others might not allow a grace period at all. For your information, please check with client company with regards to their grace period policy, if any, for punching-in or punching-out.

Please remember that it is your responsibility to be at work on time and leave upon completion of your work day. Unless requested to work overtime.

Time Card Agreement

It is your responsibility to ensure FAIRWAY STAFFING SERVICES receives a report of hours worked by you for the worked pay period. Some companies have an electronic time card system, others have a manual punch-in / punch-out system, while others have a time card where you fill in the hours you have worked. Please verify how and when your hours will be submitted to the agency for payroll purposes. Once again, it is your responsibility.

I have received Fairway Staffing Services, Inc. Policies. I have read them, I understand them, and I understand them and will follow them. I also understand that if I have a question I may ask my supervisor.

I have received my copy of the Company's employee handbook. I understand and agree that it is my responsibility to read and familiarize myself with the policies and procedures contained in the handbook.

I understand and agree that nothing in the employee handbook creates or is intended to create a promise or representation of continued employment and that employment at Fairway Staffing Services is employment at-will; employment may be terminated at the will of either the Company or myself. My signature certifies that I understand that the foregoing agreement on at-will status is the sole and entire agreement between Fairway Staffing Services and myself concerning the duration of my employment and the circumstances under which my employment may be terminated. It supersedes all prior agreements, understandings, and representations concerning my employment with Fairway Staffing Services.

I understand that except for employment at-will status, any and all policies or practices can be changed at any time by the Company. Fairway Staffing Services reserves the right to change my hours, wages, and working conditions at any time. I understand and agree that other than the president of Fairway Staffing Services, no manager, supervisor, or representative of the Company has authority to enter into any agreement, express or implied, for employment for any specific period of time, or to make any agreement for employment other than at-will; only the president has the authority to make any such agreement and then only in writing, signed by the president.

I have received my copy of the Company's Harassment, Discrimination and Retaliation Prevention policy.
I understand and agree that it is my responsibility to read and familiarize myself with this policy.

I understand that the Company is committed to providing a work environment that is free from harassment, discrimination and retaliation. My signature certifies that I understand that I must conform to and abide by the rules and requirements described in this policy.

I consent to the use of electronic records and signatures in connection with this application in accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN) and the Uniform Electronic Transactions Act (UETA). By checking the box below and typing my full legal name, I acknowledge that it is my intent for my electronic signature to have the same legal effect as my handwritten signature on this application and any pre-employment documents. I understand that the employer may rely on my electronic record and signature as a binding agreement with regard to this application and any other pre-employment documents.

I certify that all information provided in this application is true, complete, and accurate to the best of my knowledge. I understand that any misrepresentation, falsification, or omission of facts may result in disqualification from further consideration for employment or, if employed, termination of employment. I understand that this application and any other pre-employment documents are not a contract of employment and that, if hired, my employment will be “at-will,” meaning either the Company or I may terminate the employment relationship at any time, with or without notice or cause, unless otherwise required by law.

I acknowledge that I have had the opportunity to read and understand this authorization and that, by providing my electronic signature and that, by providing my electronic signature, I intend to sign this document and be legally bound by its terms. I further acknowledge that I have been informed of my rights to withdraw my consent to the use of my electronic signature at any time, and that I may request a paper copy of my application, upon written request, and will not be charged for the cost of copies.