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TABLE OF CONTENTS
About This Handbook ........................... .............. ......................... .......................... .......................... .......................... ........................... .......................... .......................... .......................... .................1 ABOUT THE COMPANY Equal Employment Opportunity Policy ....................................................................................................... 3 Questions, Suggestions and Concerns ........................................................................................................... 3 Solicitation and Distribution ........................................................................................................................... 3 YOUR EMPLOYMENT The Hiring Process and Introductory Period of Employm ent ......................... ............ .......................... .......................... .......................... .................5 Employee Classifications ................................................................................................................................. 5 Attendance ......................... ............ ......................... .......................... ........................... .......................... .......................... .......................... .......................... .......................... ........................... ........................ .......... 6 Recording All Hours Worked ......................................................................................................................... 7 Hours of Work .................................................................................................................................................. 7 Rest and Meal Breaks ....................................................................................................................................... 8 Your Personnel Records .......................... ............. .......................... .......................... .......................... .......................... .......................... .......................... .......................... .......................... ............. 9 Your Paycheck ......................... ............ .......................... .......................... .......................... ........................... ........................... .......................... .......................... .......................... .......................... ............... 10 Use of Personal Vehicle on Company Business.......................... ............. .......................... .......................... .......................... .......................... ....................... .......... 10 YOUR BENEFITS AND LEAVES OF ABSENCE Holidays ........................................................................................................................................................... 12 Vacations .......................... ............ .......................... ......................... ........................... ........................... .......................... .......................... .......................... .......................... .......................... ....................... .......... 13 Sick Leave........................................................................................................................................................ 14 Personal Leave of Absence .......................................................................................................................... 14 Employee Medical Leave of Absence ......................................................................................................... 15 Workers Compensation ................................... ....................... ......................... ........................... .......................... .......................... ........................... .......................... .......................... ............... 21 Witness and Jury Duty ............................... .................. .......................... .......................... .......................... .......................... .......................... .......................... ........................... ..................... ....... 21 Voting Right .................................. ...................... .......................... ........................... .......................... .......................... .......................... .......................... .......................... .......................... ..................... ........ 21 Prohibition Against Harassment and Complaint Procedure ................................................................... 22 Threats and Violence ......................... ............ .......................... .......................... .......................... .......................... .......................... ........................... ........................... .......................... ................ ... 24 Reimbursement of Business Expenses ....................................................................................................... 24 Insurance Benefits ......................................................................................................................................... 25 GENERAL POLICIES AND PRACTICES Performance Reviews .................................................................................................................................... 27 Personal Phone Calls, Mail and Visitors ..................................................................................................... 27 Personal Belongings....................................................................................................................................... 28 Personal Appearance of Employees ........................................................................................................... 28 Non-Fraternization ........................................................................................................................................ 29 Employment of Relatives ............................................................................................................................. 29 Safety Rules and Regulations ........................................................................................................................ 30
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Use of Company Property ............................................................................................................................ 32 Conflict of Interest Policy ............................................................................................................................ 33 Dual Employment ......................................................................................................................................... 33 Confidential Nature of Company Affairs ................................................................................................... 34 Protecting the Company’s Proprietary and Confidential Information .................................................. 35 Drug and Alcohol Policy .............................................................................................................................. 37 Accidents on Company Premises .......................... ............. .......................... .......................... .......................... .......................... .......................... .......................... ..................... ........ 39 General Rules of Conduct ............................................................................................................................ 40 Member Relations .......................................................................................................................................... 42 If You Must Leave Us ................................................................................................................................... 42 A Few Closing Words .......................... ............ .......................... ......................... .......................... .......................... ........................... ........................... .......................... .......................... ............... 42
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ABOUT THIS HANDBOOK L.A. Fitness International, LLC (hereinafter ―L.A. Fitness‖ or ―Company‖ ) believes that an understanding of both Company and individual objectives is essential to good employee relations. In this handbook, we outline the policies and procedures applicable to our employees. As with any job change, you will experience a period of adjustment. You will want to know what you can expect from management and what will be expected from you. You may have questions about your job duties, your benefits and the operation of the Company in general. general. We have prepared this handbook to assist you in finding the answers to those questions. We do not expect this handbook to answer all of your questions. Your manager will be a major source of information, and you should not hesitate to ask questions of him or her. We welcome your interest and will do our best to give you a prompt response. We wish to note that nothing in this handbook is intended to create a contract of employment between you and L.A. Fitness or to create any expectation of continued employment for any particular time period. Both the employee and the Company are free to terminate the employment relationship at any time, with or without notice or cause. This provision relating to our ―at will‖ employment relationship cannot be modified in any manner, express or implied, unless evidenced in a writing signed by the Company’s Chairman or CEO. In order to maintain flexibility flexibility in the administration of our policies, procedures, work rules or benefits stated in this handbook or any other document, (except for the policy of at-will employment), L.A. Fitness reserves the right to modify, amend, delete or supplement all other provisions of this handbook at any time. Such changes will be issued in an authorized writing and distributed or made available to all employees. No oral statements or representations can in any way way alter the provisions of this handbook. Unless you have a written employment agreement, signed by the Chairman or CEO of L.A. Fitness, this handbook sets forth the entire agreement between you and L.A. Fitness as to the duration of employment. Nothing in this handbook or in any other personnel document creates or is intended to create a promise or representation of continued employment for any employee. The policies contained in this handbook, unless otherwise specified, are guidelines and in no way represent a contractual commitment on the part of L.A. Fitness. This handbook supersedes all prior manuals, manua ls, policies and procedures issued by L.A. Fitness.
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ABOUT THE COMPANY
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EQUAL EMPLOYMENT OPPORTUNITY POLICY L.A. Fitness is an equal opportunity employer and makes employment decisions on the basis of merit. It will not tolerate discrimination on the basis of race, religious creed, color, age, sex, national origin, ancestry, marital status, veteran status, physical or mental disability, medical condition including genetic characteristics, military service, pregnancy, and/or sexual orientation, nor will it permit retaliation caused by any prohibited reason. All such discrimination is unlawful. Furthermore, L.A. Fitness is committed to compliance with the Americans with Disabilities Act and any corresponding State law requirements, including its duty to provide reasonable accommodation for the known physical or mental limitations of an otherwise qualified disabled employee or applicant. L.A. Fitness is committed to compliance with all applicable laws providing equal employment opportunities. Whenever you have a question concerning L.A. Fitness’ commitment to or compliance with these laws or believe you have not been treated in accordance with these laws, you must immediately advise the Human Resources Department.
QUESTIONS, SUGGESTIONS AND CONCERNS The Human Resources Department has been established to provide employees with information and necessary assistance to understand the L.A. Fitness personnel policies and to promote a positive work environment. The Human Resources Department is the best resource for L.A. Fitness employees to obtain current information on work rules, benefits, personnel policies, payroll data, personnel records, insurance, job opportunities, and benefit conversion privileges upon termination of employment. The representatives of the Human Resources Department are eager to help employees with any such questions or concerns.
SOLICITATION AND DISTRIBUTION We believe that employees should not be disturbed or disrupted in the performance of their job duties. For this reason, solicitation for non-work causes, activities and organizations or fund raisers by an employee of another employee is prohibited while either person is on working time. Solicitation by non-employees on Company premises is also prohibited at all times. Distribution by employees of advertising material, handbills, or campaigns other than for Company business or functions sanctioned by the Company is prohibited. Distribution of literature by non-employees on Company premises is prohibited at all times.
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YOUR EMPLOYMENT
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THE HIRING PROCESS AND INTRODUCTORY PERIOD OF EMPLOYMENT L.A. Fitness is committed to full compliance with the federal immigration laws. These laws require that all employees pass an employment verification procedure to continue working for L.A. Fitness. This procedure has been established by law and requires that every individual provide satisfactory evidence of his or her identity and legal authority to work in the United States within three business days after he or she begins work. Accordingly, all new hires must go through this procedure. Additionally, the first ninety (90) days of your active employment is considered to be an introductory period. This period may be extended for 30 day intervals at the discretion of the Company. During this period, the Company will evaluate your performance on the job and your potential abilities to determine whether your job placement has been appropriate and whether our mutual expectations have been met. Once you have completed the introductory period to the satisfaction of both yourself and the Company, you will be considered a regular full time or regular part time employee, whichever is appropriate. This change in employee classification will have no impact on the at will nature of your employment at the Company. Please note that you may not be eligible for certain benefits until after you have completed the introductory period. Refer to other sections of the handbook for further information.
EMPLOYEE CLASSIFICATIONS A number of different types of employees are employed by the Company. Introductory Employees – All employees, during their first ninety (90) days of employment, or as extended by the Company. Regular Full Time Employees – Employees who have successfully completed the introductory period and who regularly work forty (40) hours per week on a regularly scheduled basis. Regular full time employees include both salaried exempt employees and hourly non-exempt employees. Regular Part Time Employees – Employees who have successfully completed the introductory period and who are regularly scheduled to work less than forty (40) hours per week. Temporary Employees – Employees who are hired for a specified period of time or to perform a specific task or project. There shall be no automatic conversions from temporary to regular status.
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ATTENDANCE The success of the Company depends upon the cooperation and commitment of all of its employees. Therefore, your attendance and punctuality are extremely important. Your fellow employees must bear the burden of your absence. Your responsibility to the Company and your fellow employees requires good attendance. Poor attendance or excessive tardiness will subject employees to disciplinary action up to and including discharge. You must report to work on time. This means that you should be at your work place and ready to work at your starting time. We recognize that there may be times when your absence or tardiness cannot be avoided. In that event, you are expected to notify your manager as far in advance as possible, but in no case less than 60 minutes before your work is scheduled to commence on the day of your expected absence or tardiness, unless such notification is impractical under the circumstances. During your absence, you must call your manager each day of your absence, or, if you are in management, your superior, unless other prior arrangements have been made. Messages left with co-workers or other employees are not acceptable. Failure to give your manager (or superior) notice of your absence or tardiness is a serious violation of Company policy and may result in disciplinary action up to and including discharge. If you are absent for three (3) consecutive days, and were or are able to but have not informed the Company of your whereabouts or the reasons for your absence in accordance with this policy, you will be treated as having abandoned your position and resigned your employment. If you are absent due to illness or injury for more than 3 consecutive work days, you may be required to produce a doctor’s certificate verifying your illness or injury, or your ability to return to your job.
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RECORDING ALL HOURS WORKED All employees must clock in or sign in, depending on the method available for recording your hours worked, upon commencing work for the day and clock out, sign out, etc. immediately upon the end of the workday. Clocking in or out or signing in or out for another employee is strictly prohibited. Employees are required to accurately record their time for all hours worked and meal breaks taken. If for any reason an employee fails to properly and accurately record his or her time worked and meal breaks taken, or is told or encouraged by any person to improperly record such information, it is the responsibility of that employee to immediately contact Human Resources and submit in writing the true and correct hours worked and meal breaks taken along with an explanation as to why this information was not accurately recorded. Employees who fail to accurately record the time for all hours worked or meal breaks taken, or who fail to notify Human Resources when this has not occurred, are in violation of Company policy and will be subject to immediate discipline up to and including termination.
HOURS OF WORK
You will be advised of your work schedule and any days off when you begin employment with us. Hours and days of work will vary among employees. In addition, from time to time, it may be necessary to change your regular work schedule. Your cooperation with any such change is both expected as a condition of your employment and appreciated. A L.A. Fitness employee is not permitted to exchange shifts or days worked with another L.A. Fitness employee without the prior authorization of both employees’ Managers. No authorization for exchanging shifts will be granted unless the exchange can be accomplished without interfering with the L.A. Fitness operations and without either employee working overtime. Overtime may be required as a condition of employment. L.A. Fitness will try to give advance notice of such required overtime, but you should know that this may not always be possible. If you are an hourly non-exempt employee, you will be paid an overtime premium in accordance with state and federal overtime requirements. Employees are not permitted to work overtime unless it has been authorized and pre-approved by their manager in advance. Also, employees required to complete time cards must turn in those time cards on a daily basis to their Manager or Supervisor. Failure to adhere to this requirement may result in disciplinary action up to and including discharge. It is the responsibility of all Managers and Supervisors to ensure that employees are accurately recording all hours worked. Managers and Supervisors who fail to do so, or who are found to encourage or require employees not to accurately record all hours worked, are subject to disciplinary action up to and including discharge.
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REST AND MEAL BREAKS Meal periods are at least 30 minutes of unpaid, duty free time. L.A. Fitness provides all non-exempt employees with the opportunity to take meal periods. The first meal period must begin by the end of the fifth hour worked. If your workday is six hours or less, you may choose not to take your meal period with the approval of your manager. You must make this request in writing and your manager must approve it in writing. The second meal period (for employees working more than ten hours) must begin by the end of the tenth hour worked. However, if your workday is twelve hours or less, you may choose not to take your second meal break (as long as your first meal period was not waived) with the written approval of your manager. You must make this request in writing and your manager must approve it in writing. Employees should work with their managers to schedule meal breaks based on the needs of the business. In addition, non-exempt employees are authorized and permitted to take a paid rest period of ten (10) minutes for each work period of four (4) hours, or major fraction thereof. The rest period will be permitted as close to the middle of the four-hour period as is practicable. The supervisor will determine when the employees are to take their rest period(s). It is the responsibility of any employee who is not permitted to take such rest or meal breaks to immediately advise Human Resources of this occurrence in writing. It is the responsibility of all managers and supervisors to ensure that employees are taking all required meal and rest breaks. Managers and supervisors who fail to do so, or who are found to encourage or require employees not to take the required meal and rest breaks are subject to disciplinary action up to and including termination.
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YOUR PERSONNEL RECORDS The Human Resources Department is responsible for maintaining complete and up-to-date personnel records for all current L.A. Fitness employees. It is therefore important that employees notify the Human Resources Department promptly of any changes in their names, marital status, number of dependents, home address, and telephone number. In this manner, the benefit status and information for all employees can be kept current and accurate. All requests for employment verifications and employee references must be directed promptly to the Human Resources Department. Employees in other departments must not offer any such information; rather, they shall refer all such requests to Human Resources personnel. The Human Resources Department will reply to any written inquiries or requests for employee verification and employee references in accordance with L.A. Fitness policies. If an employee desires to view his/her personnel file, the employee should submit such a request in writing to the Human Resources Department. The Human Resources Department should be advised of any request for information regarding current or former employees. The Human Resources Department will normally verify, upon written request, only a former L.A. Fitness employee’s dates of employment, position or positions held, and final rate of pay. A written disclosure authorization and release may be required before any information is furnished.
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YOUR PAYCHECK It is the policy of the Company to pay employees by check or direct deposit on a regular basis and in a manner so that the amount, method, and timing of such payments comply with any applicable laws or regulations. Employees are paid twice each month at designated times. If the regular payday occurs on a Saturday or holiday, employees will be paid on the last business day prior to the regular payday. If the regular payday occurs on a Sunday, employees will be paid on the first business day following the regular payday. Employees on each payday will receive, in addition to their check, a statement showing gross pay, deductions, and net pay. Local, state, federal, and social security taxes will be deducted automatically. No other deductions will be made unless required by law (i.e., garnishments), contract, or employee obligation. All changes in a L.A. Fitness employee’s rate of pay will normally become effective on the first day of the pay period after the change is officially approved. Exceptions to this policy will occur only when the employee is officially advised in writing by the Human Resources Department that a change in pay will take effect on a different date, either retroactively or in the future. Managers do not have the authority to award retroactive increases or the ability to waive the rules established by this policy. For payroll purposes, the workweek starts on Sunday and ends on Saturday. Any questions that you have regarding your paycheck should be addressed to Human Resources or the Payroll Department. Copies of your paystubs or direct deposit information is maintained for you on-line and always available to you at the HR/Payroll section.
USE OF PERSONAL VEHICLE ON COMPANY BUSINESS
No L.A. Fitness employee may use his or her personal vehicle on L.A. Fitness business without the prior written approval of the Chairman or President of L.A. Fitness. Prior to using a vehicle for L.A. Fitness business, the L.A. Fitness employee must have a valid drivers license and have in full force and effect public liability insurance which includes bodily injury, property damage and collision insurance in accordance with state laws and L.A. Fitness policy requirements. A current copy of the policy and proof of insurance must be furnished to the Human Resource Department of L.A. Fitness before using your vehicle on company business.
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YOUR BENEFITS AND LEAVES OF ABSENCE
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The Company offers a number of benefits to its employees. This handbook briefly describes some of these benefits.
HOLIDAYS It is the policy of the Company to observe certain holidays each year. Regular full-time employees who work in the corporate office and managerial club employees will receive their regular rate of pay (base salary) for the observed holiday if (1) the employee has completed the introductory period, (2) the facility in which the employee works is closed for the observed holiday and (3) the employee has worked his/her regularly scheduled workday before and after the observed holiday, unless the holiday falls within a period of scheduled paid vacation. A schedule of holidays to be observed during each calendar year will be published and maintained by the Human Resources Department.
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VACATIONS We recognize the importance of uninterrupted periods of rest and relaxation for all of our employees. Our vacation plan is based upon your continuous service and is administered on an annual term that runs from the first day after your successful completion of the introductory period. You will not accrue vacation during the introductory period. All regular full-time employees who have successfully completed the introductory period and who work in the corporate office or are managerial club employees will accrue vacation in accordance with the schedule below. You will cease accruing vacation once you have reached the maximum accrual amount below. Once this maximum is reached, accruals will cease. Vacation accrual will resume when you take sufficient time off to bring your accrual total below the maximum (see chart below). Length of Service (After Completion of Introductory Period)
Vacation Annual Accrual
Maximum Accrual
First Full Year
Accrue 40 hours (3.33 per month) Accrue 80 hours (6.67 per month) Accrue 120 hours per year (10 per month)
40 hours
Second Full Year After Two Full Years
80 hours 120 hours
The accrual indicated above will occur on a pro-rata basis each pay period once the employee becomes and remains eligible to accrue vacation hours/days. Employees will not be entitled to take paid vacation days before they have accrued. All vacation will be paid to you at your regular straight-time hourly rate of pay as of the date of your vacation. You will not accrue vacation while you are away from work on a leave of absence beyond the first thirty (30) days of the leave period. For business reasons, some employees may not be able to schedule time off simultaneously. Except in emergency situations, you must request vacation time at least thirty (30) days in advance of the requested time off. Submit your request to your manager, who will submit it to the Human Resources Department for consideration. Every effort will be made to grant your vacation preference, consistent with the efficient operation of our business. However, if we cannot do so, another mutually-agreeable date will be scheduled for your vacation. Managerial club employees will not be permitted to take vacation days from December 26 through January 31 each year. As used in this Handbook, ―managerial club employees‖ currently includes the Membership and Marketing Director, the Assistant Membership and Marketing Director, the Personal Training Director and the Operations Manager at each club.
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Exempt employees shall take vacation time only in full-day increments. Non-exempt employees may utilize vacation time in hourly increments, but will still need to obtain prior supervisor approval in the same manner as full vacation days.
SICK LEAVE
All regular full-time corporate office employees and managerial club employees who have successfully completed their introductory period are entitled to three (3) paid sick days per year. These three sick days are awarded to eligible employees every January 1. Upon completion of the introductory period, new employees will receive a pro rata share (effectively, 2 hours per month) based on the portion of the calendar year remaining at that time. Accrued but unused sick leave days cannot be carried over into following years. Non-exempt employees cannot save sick leave days to use as vacation days. Rather, these days are designed for all days when an employee calls in sick. Non-exempt employees who call in sick, without any accrued sick days available, but who have accrued vacation days available, will be charged a vacation day rather than receive a salary deduction for the day missed.
PERSONAL LEAVE OF ABSENCE
One or more days off, in the form of a personal leave of absence without pay, may, at the Company’s discretion, be granted to regular full-time employees who have completed their introductory period of employment. Please contact Human Resources for more information if you find yourself in need of a personal leave of absence. The Company reserves the right to request verification of reasons underlying the leave request. For example, the Company may require verification of the death of a relative if bereavement leave is requested. If a holiday falls within the period an employee is on personal leave, the employee will not receive holiday pay.
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EMPLOYEE MEDICAL LEAVE OF ABSENCE
FAMILY CARE, MEDICAL, MILITARY EXIGENCY AND MILITARY CAREGIVER LEAVES OF ABSENCE
L.A. Fitness provides eligible employees with family care, medical leave and military family leave in accordance with the federal Family and Medical Le ave Act of 1993 (―FMLA‖) and applicable state law. If a state or local leave law provides for any broader right, the broader right will apply to employees covered by such law. (See ―STATE FAMILY CARE AND MEDICAL LEAVE ENTITLEMENTS‖ section, below) Eligibility
To be eligible for a family care, medical, military exigency, and military caregiver leave, an employee must (1) have worked for the Company for at least 12 months prior to the date on which the leave is to commence; (2) have worked at least 1,250 hours in the 12 months preceding the leave; and (3) work at a location where the Company employs at least 50 persons within 75 miles of that facility. An employee returning from fulfilling his or her National Guard or Reserve military obligation will be credited with the hours of service that would have been performed but for the period of military service in determining the 1,250 hours of service. In the case of a pregnancy or other legally protected disability or medical condition or work-related injury, an employee may not need to satisfy all of the above requirements. In such circumstances, the employee should contact Human Resources for clarification about his or her rights for other types of leave. For those employees who work at a site that is not eligible or who have not met the minimum time worked requirement, you are not eligible for leave under the FMLA, however the Company may accommodate your request under its other leave policies. Please contact Human Resources for more information. Permissible Uses of Leave ―Family care leave‖ may be requested for (1) the birth or adoption of an employee’s child or the child of an employee’s registered domestic partner; (2) the placement of a foster child with the employee; or (3) the serious health condition of an employee’s spouse, registered domestic partner, child, child of the employee’s registered domestic partner, or parent, as defined in the applicable laws. ―Medical leave‖ may be requested for an employee’s own serious health condi tion.
A serious health condition is an illness, injury, impairment, or physical or mental condition that involves either an overnight stay in a medical care facility, or continuing treatment by a health care provider for a condition that either prevents the employee from performing the functions of the employee’s job, or prevents the qualified family member from participating in school or other daily activities. Subject to certain conditions, the continuing treatment requirement may be met by a period of incapacity of more than three consecutive calendar days combined with at least two visits to a health care provider or one visit and a regimen of continuing treatment, or incapacity due to L.A. Fitness 12/10
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pregnancy, or incapacity due to a chronic condition. Other conditions may meet the definition of continuing treatment. ―Military exigency leave‖ may be requested when there is a qualifying military exigency as defined by the U.S. Department of Labor arising out of the fact that an employee’s military retiree or reservist spouse, child or parent is on active duty (or has been notified of an impending call or order to active duty) in support of a contingency operation as defined by law. Qualifying military exigencies may include attending certain military events, arranging for alternative childcare, addressing certain financial and legal arrangements, attending certain counseling sessions, and attending post-deployment reintegration briefings. This leave does not extend to employees whose family member is on active duty or call to active duty status of the Regular Armed Forces, nor does it apply to most State calls to active duty. ―Military caregiver leave‖ may be requested to care for a covered servicemember if the employee is the covered servicemember’s spouse, child, parent or next of kin. For purposes of this leave, a covered servicemember is a current member of the Armed Forces, including a member of the National Guard or Reserves, who has a serious injury or illness incurred in the line of duty on active duty that may render the servicemember medically unfit to perform his or her duties for which the servicemember is undergoing medical treatment, recuperation, or therapy; or is in outpatient status or is on the temporary disability retired list.
Amount of Leave Family Care, Medical and Military Exigency Leave
Provided all the conditions of this policy are met, an employee may take a maximum of 12 weeks of family care, medical and military exigency leave in a rolling 12-month period measured backwards from the date the employee’s leave co mmences. Spouses or registered domestic partners who are both employed by the Company may take a maximum combined total of 12 weeks of family care leave in a 12-month period for the birth, adoption, or foster care of their child. Employees who are unable to work due to pregnancy disability will be granted the greater of 12 weeks leave or the amount of leave to which the employee may be entitled under applicable state law for a pregnancy-related disability or in connection with childbirth. Pregnant employees in California will be granted leave for the period they are unable to work due to a pregnancy-related disability up to a maximum of four months, and may qualify for additional leave time of up to 12 weeks to care for and bond with the child. Family care leaves for the birth, adoption or foster care placement of a child must be concluded within one year of the birth, adoption or placement. Employees who are unable to work due to a legally protected disability or a work-related injury will be granted up to 12 weeks of medical leave if eligible, and will be considered for additional leave or may be transferred to inactive status taking into account the Company’s business requirements and whether allowing such additional leave would present an undue hardship. Military Caregiver Leave
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Provided all the conditions of this policy are met, an employee may take a maximum of 26 weeks of military caregiver leave in a single 12-month period, inclusive of the time the employee takes for a family care, medical, or military exigency leave during that period. This 12-month period will be measured forward from the first day leave is taken. Spouses or registered domestic partners who are both employed by the Company may take a maximum combined total of 26 weeks in the 12-month period for the care of the servicemember and the birth, adoption, or foster care of their child or to care for an ill parent, provided that no more than 12-weeks of this combined 26-week period may be taken for reasons other than to care for the servicemember. Intermittent Leave
Medical leave for the employee’s own serious health condition, family care leave for the serious health condition of the employee’s spouse, or registered domestic partner, parent or child, and military caregiver leave may be taken intermittently or on a reduced schedule when medically necessary. Where the intermittent or reduced schedule leave is for planned medical treatment, the employee must make an attempt to schedule the treatment so as not to disrupt unduly the Company’s operations. Where state law allows family care leave to be taken intermittently or on a reduced schedule in connection with the birth, adoption or foster placement of a child, it also will be allowed under this policy. California employees are not required to take leave for the birth, adoption, or foster care placement of a child in a continuous 12 week period. However, the basic minimum duration for each period of intermittent leave is two weeks, except that the employee may request and the Company will grant intermittent leave of less than two weeks duration on any two occasions.
Military exigency leave also may be taken intermittently or on a reduced schedule. Leave’s Effect on Pay
Unless other paid time off is available to be substituted for family care, medical, military exigency or military caregiver leave, such leave is unpaid. Substitution of Paid Time Off
Under certain leave circumstances, employees may elect or may be required to use accrued but unused paid time off (―PTO‖). The substitution of paid time off for unpaid leave time does not extend the total duration of leave to which an employee is entitled. For example, if an employee has accrued two weeks of unused PTO, that PTO will be substituted for the first two weeks of family care leave, leaving up to ten additional weeks of unpaid leave. Substitution of paid leave is generally determined by the terms and conditions of the Company’s PTO policies. If the employee does not comply with the requirements in the Company’s PTO policies, the employee will not be entitled to substitute accrued PTO but still may be entitled to take unpaid FMLA leave. Leave’s Effect on Benefits
Unless the employee elects otherwise, the Company will maintain the health benefits of an employee on a medical, family care, military exigency, or military caregiver leave while the employee is on FMLA leave under the same conditions as coverage would have been provided if the employee had been continuously employed during the period of leave. Thus, the employee must continue to pay his or her share of the health plan premiums during the leave. If the L.A. Fitness 12/10
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employee substitutes PTO for the unpaid leave, such payments will be deducted from the employee’s pay through the regular payroll deductions. Otherwise, the employee must make arrangements with the Company for the payment of such premiums. All other benefits will be governed in accordance with the terms of each benefit plan and are the sole responsibility of the employee. If the employee fails to pay his or her share of the premiums during leave, or if the employee fails to return from the leave at the expiration of 12 weeks (or 26 weeks in the case of a military caregiver leave) for a reason other than the recurrence, continuation or onset of a serious health condition for which leave under this policy is allowed or other circumstances beyond the employee’s control, the Company can recover any health plan premiums paid by the Company on the employee’s behalf during any periods of the leave. Employees on family care, medical, military exigency or military caregiver leave, paid or unpaid, do not accrue employment benefits, such as PTO, or seniority, while they are on leave. Use of FMLA leave will not result in the loss of any employment benefit that accrued prior to the start of an employee’s leave. Notice Requirements
Employees must notify the Company of their request for family care, medical, military exigency or military caregiver leave as soon as they are aware of the need for such leave. For foreseeable family care, medical, and servicemember care, the employee must provide 30 calendar days’ advance notice to the Company of the need for leave, if possible. For events that are unforeseeable 30 days in advance, the employee must notify the Company as soon as is practicable and generally must comply with the Company’s normal call-in or notice procedures. If the leave is requested in connection with a planned, non-emergency medical treatment, the employee must make a reasonable effort to schedule such treatment so as to avoid unduly disrupting Company operations, and may be requested to reschedule the treatment so as to minimize disruption of the Company’s business. If an employee fails to provide the requisite 30-day advance notice for foreseeable family care, medical, and servicemember care without any reasonable excuse for the delay, the Company reserves the right to delay the taking of the leave until at least 30 days after the date the employee provides notice of the need for family care, military family or medical leave. All requests for family care, medical, military exigency, and servicemember care leave should include enough information to make the Company aware that the employee needs qualifying leave, and the anticipated timing and duration of the leave, if known. Sufficient information may include that the employee is unable to perform job functions, the family member is unable to perform daily activities, the need for hospitalization or continuing treatment by a health care provider, or circumstances supporting the need for military family leave. Employees also must inform the Company if the requested leave is for a reason for which FMLA leave was previously taken or certified. Any requests for extensions of leave under and must include the revised anticipated permitted by law, the Company reserves reinstatement to an employee who exceeds L.A. Fitness 12/10
this policy must be received as soon as is practicable date(s) and duration of the leave. To the extent the right to deny requests for extensions or deny the leave amounts provided by this policy or fails to 18
provide requested medical certification. In addition, if you have a disability, you may be eligible for leave under the Americans with Disabilities Act (ADA) or state law. For more detailed information on extended leaves, please contact the Human Resources. Once the Company is aware of the employee’s need for leave it will inform the employee whether he or she is eligible under FMLA. If the employee is eligible, the notice will specify any additional information required as well as the employees’ rights and responsibilities. If the employee is not eligible, the Company will provide a reason for the ineligibility.
Certification Any request for medical leave for an employee’s own serious health condition, for family care leave to care for a child, spouse, registered domestic partner, or parent with a serious health condition, or for military caregiver leave must be supported by medical certification from a health care provider. For military caregiver leave, the employee must provide confirmation of a family relationship to the seriously ill or injured servicemember. Employees generally must provide the required certification within 15 calendar days after the Company’s request for certification.
Any request for leave due to a qualifying military exigency must be supported by certification from the employee accompanied by evidence of the covered military member’s active duty orders or other documentation from the military. Employees must provide the required certification as soon as practicable. Failure to timely provide the required certification may result in the denial of foreseeable leave until such certification is provided. In the case of unforeseeable leaves, failure to timely provide the required certification may result in a denial of the employee’s continued leave. Any request for an extension of the leave also must be supported by an updated medical certification. The Company has developed forms for use in obtaining medical certifications that satisfy the requirements of this policy. For military caregiver leave, the Company will accept Invitation Travel Orders (ITOs) or Invitational Travel Authorizations (ITAs) in lieu of its medical certification form. It is the employee’s responsibility either to furnish a complete and sufficient certification or to furnish the health care provider providing the certification with any necessary authorization from the employee or the employee’s family member in order for the health care provider to release a complete and sufficient certification to the Company to support the employee’s leave request.
Where permitted by state law, if the Company has reason to doubt the validity of the medical certification provided by the employee, the Company may require the employee to obtain a second opinion from a doctor of the Company’s choosing at the Company’s expense. If the employee’s health care provider providing the original certification and the doctor providing the second opinion do not agree, the Company may require a third opinion, also at the Company’s expense, performed by a mutually agreeable doctor who will make a final determination. It is the employee’s responsibility to furnish his or her healthcare provider with the necessary authorization for the disclosure of medical information to the doctor(s) who will provide the second and third opinions. If the employee fails to provide the necessary authorization, the request for leave may be denied, in accordance with applicable law.
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Designation of Protected Leave
Once the Company has enough information to determine whether the leave is FMLA qualifying, the Company will inform the employee if leave will be designated as FMLA-protected and, if known at that time, the amount of leave that will be counted against the employee’s leave entitlement. If the Company determines that the leave is not protected, the Company will notify the employee. Recertification
The employee taking leave because of his or her own serious medical condition or the serious medical condition of a family member may be required, except in cases of military caregiver leave, to provide the Company with recertification at appropriate intervals. For purposes of recertification, the employer may request the same information as allowed by law for the original certification. The employee must provide the requested recertification within 15 calendar days of such a request, unless it is not practicable to do so despite the employee’s diligent, good faith efforts. Return to Work Certification
Where the leave is for the employee’s own serious health condition, the Company requires employees to provide medical certification that he or she is fit for duty and able to return to work. The Company may delay restoring the employee to employment or terminate the employee without such certificate. Reinstatement
Employees timely returning from a leave covered under this policy are entitled to reinstatement to the same or equivalent position consistent with applicable law. For leaves under the FMLA, the Company retains the right to deny reinstatement to employees who are among the highest paid ten percent of all employees employed by the Company within 75 miles of the employees’ worksite and whose reinstatement would cause substantial and grievous economic injury to the Company’s operations. An employee has no greater right to reinstatement than if he or she had been continuously employed rather than on leave. The right to reinstatement may be different under state law. The Company will comply with all applicable laws pertaining to reinstatement of employees, including where required, the reasonable accommodation of employees who have been on an approved leave. The Company complies with applicable family care, medical leave, and military family leave laws. Under the FMLA it is unlawful for any employer to: interfere with, restrain, or deny the exercise of any right provided under FMLA; discharge or discriminate against any person for opposing any practice made unlawful by FMLA or for involvement in any proceeding under or relating to FMLA. If an employer has done so, an employee may file a complaint with the U.S. Department of Labor or may bring a private lawsuit against an employer. FMLA does not affect any Federal or State law prohibiting discrimination, or supersede any State or local law or collective bargaining agreement which provides greater family or medical leave rights. If you have questions, or would like further clarification about your rights under FMLA or other types of leave, please contact the Human Resources.
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WORKERS’ COMPENSATION
Should you suffer a work-related injury, disease or illness, you will receive benefits from our Workers’ Compensation Policy, paid for entirely by the Company. This program provides coverage for medical expenses and weekly compensation payments. FMLA leave, if applicable, may be counted towards time off taken under workers’ compensation. To ensure your physical well-being and the correct processing of these claims, you must immediately notify your manager of any injury occurring during, or as a result of, your employment — no matter how slight the injury appears to be. Employees should be aware that when the Company has reason to believe that the injury or disability status is fraudulent, the Company has an affirmative duty to cooperate with its insurance carrier and the appropriate legal authorities to take action, including possible criminal action, against the fraudulent acts.
WITNESS AND JURY DUTY
The Company recognizes that employees may be requested to fulfill their civic duties. If you are called for jury duty or summoned by a court to serve as a witness, you may be excused from employment for the period of such duty. You will normally not be paid by the Company for time spent as a juror or witness. In cases of an extended leave, vacation and other benefits based on length of service will continue to accrue only during the first thirty (30) days of the leave period. Any employee who is required to appear as a witness or serve on a jury must provide the Company with the official court notice or subpoena as proof that he or she is required to appear in court.
VOTING RIGHTS
If an employee does not have sufficient time outside of working hours to vote in a statewide election, he/she may, without loss of pay, take off up to two hours of working time to vote. Such time must be taken at the beginning or end of the regular working shift, whichever allows the most free time for voting while minimizing the time off from work. To exercise this right, the employee must notify the Company at least two working days in advance to arrange the appropriate voting time off.
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PROHIBITION AGAINST HARASSMENT AND COMPLAINT PROCEDURE L.A. Fitness will not tolerate the harassment of any employee for any reason by any other employee, supervisor, manager or person with whom L.A. Fitness does business. In addition, harassment for any discriminatory reason, such as race, religion, color, age, sex, national origin, ancestry, marital status, veteran status, physical or mental disability, medical condition including genetic characteristics, military service, pregnancy or sexual orientation is against the law. With this policy, L.A. Fitness prohibits not only actions which are severe enough to be unlawful but also conduct and comments which are not severe enough to violate the law but which are still inappropriate in our workplace. A. Prohibited Conduct/Comments Racial or ethnic remarks, slurs, or jokes will not be tolerated. Any other comments or conduct which disparages individuals or groups based on any of the above categories are also not tolerated. Sexual harassment is also prohibited. Sexual harassment includes many forms of offensive sexual behavior including, but not limited to: 1.
Unwanted sexual advances;
2.
Offering employment or promotion in exchange for sexual favors;
3.
Differential treatment after a negative response to sexual advances or after a voluntary relationship has ended;
4.
Sexual gestures, displaying of sexually suggestive objects, pictures, posters, or cartoons;
5.
Derogatory comments, epithets, slurs or jokes of a sexual nature;
6.
Graphic verbal commentaries about an individual’s body, sexually degrading words used to describe an individual;
7.
Vulgar or obscene letters, notes, or invitations;
8.
Physical conduct of an improper nature.
In addition, managers and employees with supervisory responsibility may not have a dating or sexual relationship with any employee with whom they assign work, evaluate, or influence employment or compensation decisions without both parties promptly advising the Human Resources Department of such a relationship, so that appropriate assurances/arrangements can be made to assure mutual consent and no adverse impact in the workplace. B. Prevention All employees are responsible to assure a workplace free of harassment. Toward that end, any employee who is subjected to any offensive comments or conduct should tell the offending person, which is often the best way to see that such comments/conduct stops immediately. L.A. Fitness 12/10
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However, if the employee is not comfortable advising the offending person or if that does not accomplish an immediate and complete stop to any offending comments/conduct, the employee is responsible for immediately contacting the Human Resources Department. As soon as a report or complaint comes to our Human Resources Department, they will take prompt investigatory, corrective, and preventative action as appropriate in the circumstances. In addition, any other employee, supervisor, or manager who becomes aware of any such objectionable conduct by any employee, supervisor, manager, vendor, or member must immediately advise the Human Resources Department, to assure that such conduct does not continue. Violations of this policy by Company personnel will not be permitted and may result in discipline, up to and including immediate discharge. No employee will be retaliated against for bringing their concerns to the Company’s attention. Therefore, do not allow an inappropriate or unlawful situation to continue by not reporting it, regardless of who is creating that situation. No person in this organization is exempt from this policy.
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THREATS AND VIOLENCE Our Company will not tolerate any form of workplace violence or threats of harm against any other person either at or away from work. You are responsible for reporting any instances of such improper conduct or threats to our Human Resources Department as soon as you have any concern related to your employment regarding your own safety or the safety of any other employee or person. Employees who engage in such improper conduct are subject to immediate termination.
REIMBURSEMENT OF BUSINESS EXPENSES The Company will reimburse employees for reasonable and necessary expenses incurred in the performance of the employee’s job duties. However, to receive such reimbursement, the employee needs to first obtain approval from the appropriate supervisor before incurring the outof-pocket expense and the employee shall provide the original copy of the resulting receipt. If it is not possible to provide a receipt, such as on a small cash tip, the employee must justify the lack of the receipt, the amount should be less than $25, and it must represent a reasonable sum in the circumstances. Reimbursement requests are to be completed by the employee, approved by the employee’s supervisor, and submitted to the accounts payable department on a reimbursement request form or through the on-line expense reimbursement system within a reasonable time (not more than 90 days) after incurring the expense.
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INSURANCE BENEFITS Full-time employees who have been employed in the Corporate Office or have been a managerial club employee for three (3) continuous months will be eligible to participate in the Company’s health and dental insurance programs beginning on the first day of the month following the employee’s completion of these three continuous months. To receive the benefits, the employee must timely submit all appropriate paperwork as requested by the Human Resources Department, and otherwise qualify for eligibility under the terms of the respective plans. Such benefits for the employee are subsidized by the Company, but require an employee contribution in an amount that varies year-to-year and depends on the type of coverage selected by the employee. Eligible employees who wish to also cover their dependents may do so at an additional cost. The specific benefit plans that apply to you may vary. For further information, refer to the separate benefits booklets given to you at the time of enrollment. While the Company’s Human Resources Department is available to answer any questions which you may have concerning your eligibility and coverage, the benefit plan documents are controlling. Except where prohibited by law, the Company will continue to pay its share of the monthly insurance premiums up to a maximum of thirty (30) days after the commencement of any leave of absence. After the initial 30 days, the employee will be responsible for arranging pre-payment of the premiums thereafter. The Company reserves the right to supplement, amend, modify or delete these benefits, including the right to change carriers, eligibility requirements, plan features and methods of contribution.
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GENERAL POLICIES AND PRACTICES
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PERFORMANCE REVIEWS If you receive a performance review, the purpose of the review is to let the employee know how well they he/she is performing assigned job duties, areas where improvement is needed and the observed potential for career development and advancement. Pay increases are not automatic with each performance review; they are based on demonstrated performance, an analysis of your overall work record, including attendance, and the Company’s financial condition. An individual employee may be considered for increases based upon his or her current salary, production, performance, attendance, conduct, ability, seniority and specified pay ranges. In the event a leave of absence requires you to be away from work for a period of time, your performance review may be pushed back accordingly.
PERSONAL PHONE CALLS, MAIL AND VISITORS Employees are expected to keep personal phone calls and e-mails to an absolute minimum in order to keep our phones free for business purposes. Likewise, employees are also expected to receive all personal mail, facsimiles, e-mails, and the like, at their places of residence rather than at work. With few exceptions, personal visitors are not permitted during work hours. Visitors are required to register at the main reception area and are not permitted in work areas unless accompanied by authorized personnel.
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PERSONAL BELONGINGS The Company will not be responsible or liable for any personal property of an individual that is lost, stolen or damaged. The responsibility for safeguarding, replacing or repairing personal property lost, stolen or damaged while on Company premises or in a Company vehicle, is that of the employee. Consequently, we encourage employees not to bring valuable personal property to work. PERSONAL APPEARANCE OF EMPLOYEES It is the policy of the company that an employee’s dress and grooming should be appropriate to the work situation. The properly attired employee helps to create a favorable and professional image for the Company. Accordingly, the personal appearance of employees is to be governed by the following standards at a minimum:
(A)
Employees are expected to have a professional appearance and attire during all working hours. The wearing of suggestive attire, body piercings, exposure of tattoos, skin or undergarments, jeans, shorts, sandals, t-shirts, and similar items of casual attire is not permitted.
(B)
Hair should be clean, combed and neatly trimmed or arranged.
At times, certain departments or regions may have additional guidelines for maintaining a professional appearance that will govern your employment. Any employee who reports for work while not in compliance with these standards (as determined by the employee’s supervisor or manager) may be sent home to correct any problems with his or her personal appearance. Such employee will not be permitted to clock in until he or she returns to the work place.
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NON-FRATERNIZATION In order to promote the efficient operation of the Company’s business and to avoid misunderstandings, complaints of favoritism, other problems of supervision, security, and morale, and possible claims of sexual harassment, managers and employees with supervisory responsibility may not have a dating or sexual relationship with any employee with whom they assign work, evaluate, or influence employment or compensation decisions without both parties promptly advising the Human Resources Department of such a relationship, so that appropriate assurances/arrangements can be made to assure mutual consent and no adverse impact in the workplace.
EMPLOYMENT OF RELATIVES Relatives of employees may be hired but are normally prohibited from working in the same department or with any supervisory influence over the other. Certain positions, especially in the Corporate Office, normally may not be held by relatives because of the scope of knowledge and influence involved and the potential for conflicts of interest. A relative is your spouse and anyone related to you or your spouse, such as parent, child, grandparent, grandchild, brother, sister, aunt, uncle, nephew or niece.
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SAFETY RULES AND REGULATIONS You have the duty to comply with the standards that are established for your protection and to work as safely as possible. Please report to your supervisor any condition you observe to be dangerous or potentially hazardous. We work very hard to provide you with a safe work environment. However, there are certain standards of behavior which we all must observe in order to maintain safety throughout the workplace. Your safety, and that of those who work with you, is one of our greatest concerns. With an alert safety attitude, you can help to eliminate painful and costly accidents. Each employee is expected to follow these general rules:
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(1)
Anyone known to be under the influence of intoxicating liquor or drugs, shall not be allowed on the job while in that condition.
(2)
Horseplay, scuffling, and other acts which tend to have an adverse influence on the safety or well-being of the employees are prohibited.
(3)
Means of egress shall be kept unblocked, well lighted and unlocked during work hours.
(4)
In the event of fire, sound alarm and evacuate.
(5)
Upon hearing fire alarm, stop work and proceed to the nearest clear exit. Gather at the designated location.
(6)
Only trained workers should attempt to respond to a fire or other emergency.
(7)
Exit doors must comply with fire safety regulations during business hours.
(8)
Stairways should be kept clear of items that can be tripped over and all areas under stairways that are egress routes should not be used to store combustibles.
(9)
Materials and equipment will not be stored against doors, or exits, fire ladders or fire extinguisher stations.
(10)
Aisles must be kept clear at all times.
(11)
Work areas should be maintained in a neat, orderly manner. Trash and refuse are to be thrown in proper waste containers.
(12)
All spills shall be wiped up promptly.
(13)
Always use the proper lifting technique. Never attempt to lift or push an object which is too heavy. You must contact your manager when help is needed to move a heavy object.
(14)
Never stack material precariously on top of lockers, file cabinets or other relatively high places.
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(15)
When carrying material, caution should be exercised in watching for and avoiding obstructions, loose material, etc.
(16)
Do not stack material in an unstable manner.
(17)
Report exposed wiring and cords that are frayed or have deteriorated insulation so that they can be repaired promptly.
(18)
Never use a metal ladder where it could come in contact with energized parts of equipment, fixtures or circuit conductors.
(19)
Maintain sufficient access and working space around all electrical equipment to permit ready and safe operations.
(20)
Do not use any portable electrical tools and equipment that are not grounded or double insulated.
(21)
All electrical equipment should be plugged into appropriate wall receptacles or into an extension of only one cord of similar size and capacity. Three-pronged plugs should be used to ensure continuity of ground.
(22)
All cords running into walk areas must be taped down or inserted through rubber protectors to preclude them from becoming tripping hazards.
(23)
Solutions that may be poisonous or not intended for consumption should be kept in well labeled containers.
(24)
If you are injured on the job, report it immediately to your manager.
(25)
If you observe any unsafe condition report it immediately to your manager.
(26)
No equipment will be operated without all safety devices in place.
(27)
No broken or damaged equipment will be used by any employee.
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USE OF COMPANY PROPERTY All equipment provided by the Company, such as desks, lockers, file cabinets, vehicles, computer systems, computer software, diskettes, facsimile machines, electronic mail, phones, voice mail, and other items, are considered to be Company property and are to be used for business purposes only. You should have no expectation of privacy associated with such Company equipment or the information that you store on or send through the Company’s systems. These items may need to be reviewed by Company management in the ordinary course of business, or whenever a need arises. Such review or search may occur without prior notice. For that reason, any personal or private information, documents, or items should be kept at home. Computer, Electronic and Telephonic Systems Passwords are designed to maintain the confidentiality of the Company’s business related information and to give employees access to all or part of the Company’s com puter, electronic, facsimile, and/or telephone systems as part of their work functions. They are not designed to provide confidentiality of any personal messages or documents. You should have no expectation of privacy in information that you store or send through the Company’s computer, electronic, facsimile, and/or telephone systems. The Company reserves the right to enter and review all computer databases and electronic transmissions, including, but not limited to, computer, electronic, facsimile, telephone and voice mail systems.
In addition, employees may not use e-mail, interoffice mail, or other Company communications to send any material which violates the Company’s no discrimination or no harassment policy. For example, sexual, racial, or ethnic slurs or humor on e-mail is not acceptable and will not be tolerated. In addition, crude, vulgar, offensive, or pornographic material may not be received, sent, or accessed on any computer, e-mail or other Company property. Company Equipment Locks on desks, file cabinets, lockers and vehicles are designed to protect Company property, trade secrets, and other items and information related to Company business. They are not designed to provide privacy of any personal or private property. These rules are to assure that all Company property is used for business purposes and that all trade secrets and other internal proprietary information is safe-guarded, and to advise employees that such equipment is not to be used to store information or items which they consider to be private or personal.
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CONFLICT OF INTEREST POLICY Each of us has an obligation to avoid any activity, agreement, business investment or interest, or other situation which could be construed as a conflict with the Company’s best interests or give the appearance of taking money, merchandise or services from a customer or vendor for personal gain. A conflict of interest occurs when employees place themselves in positions where their private interests have, or appear to have, an adverse effect on the best interests of the Company, its customers or suppliers or on the proper performance of their job assignments. If at any time an actual, or potential, conflict of interest occurs, you are expected to immediately disclose the circumstances of the conflict to your manager. Failure to disclose information regarding any area or issue of conflict may result in disciplinary action up to and including termination. Contact your supervisor or the Human Resources Department if you have any questions regarding this matter.
DUAL EMPLOYMENT Full-time employees should not accept other employment or self-employment that may potentially impact your job responsibilities with the Company without the specific prior approval of your supervisor or the Human Resources Department.
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CONFIDENTIAL NATURE OF COMPANY AFFAIRS It is the policy of the Company that the general internal business affairs of the organization should not be discussed with anyone outside the organization except as may be required in the normal course of business. Information designated as confidential is to be discussed with no one outside the organization and only discussed within the organization on a ―need to know‖ basis. Managers are responsible for identifying information that should be classified as confidential. Information that should normally be reviewed for confidentiality includes, but is not limited to: sales figures, customer counts, number of members, customer, supplier, and prospect lists; marketing plans, research data, and other trade secrets or proprietary information. Once information has been designated as confidential, it should be clearly identified as such and properly secured. Employees are prohibited from disclosing material or ―inside information‖ that might affect the Company’s financial security to anyone outside the organization until such information has been made available to the public by management. Employees are also prohibited from using such information for their own personal benefit or gain.
Employees should refer inquiries seeking information concerning applicants for employment or current employees to the Human Resource Department. Employees violating this policy will be subject to discipline, up to and including termination and may also be subject to legal action.
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PROTECTING THE COMPANY’S PROPRIETARY AND CONFIDENTIAL INFORMATION
The value of proprietary technology, ideas, creations, innovations and information – intellectual property – often exceeds the value of more tangible items, such as physical property. Our intellectual property assets are critically important. They are central to developing new products or processes, attracting new business opportunities, and maintaining our existing business in a highly competitive environment. If we do not identify and protect our intellectual property, we risk losing our rights to it and the competitive advantage it offers. Some examples of intellectual property are: •
Confidential and proprietary business information
•
Trade secrets and ―know -ho w‖
•
Patented and nonpatented technology, including both product, equipment and process technology
•
Trademarks, trade names, and trade dress
•
Copyrighted information
•
Business processes and systems
•
Software developed by the Company
Although you may use confidential and proprietary information or other intellectual property of the Company to perform your job, it must not be shared with others outside of the Company or your department unless required by law or the individuals have a legitimate need to know the information as a part of their jobs and have agreed to maintain the confidentiality of the information. Some typical examples of confidential and proprietary information include:
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•
Financial data
•
Business records
•
Technology and information on corporate strategy
•
Modeling and other analytical and/or management techniques
•
Pricing information
•
Customer lists
•
Marketing strategies 35
•
Compensation data
•
Organization charts
•
Personal employee information, including medical records and other data
•
Technical data, processes, and equipment
•
Software and programming developed by the Company
•
Technical product and process information
Take care not to lose, misplace, or leave confidential information unattended. Do not leave such information in places where others may easily access it, such as open files of computers, or documents left on fax machines, photocopiers, on your desk, etc. Similarly, do not casually discuss confidential information where others might overhear. Use caution when using speakerphones and cellular telephones, and talking in public places, such as restaurants or airplanes. You must always adhere to the specific security measures or procedures the Company has established to protect its intellectual property and confidential and proprietary information. You are not allowed to use the Company’s intellectual property or confidential and proprietary information for personal benefit or for the profit or benefit of persons outside of the Company.
Intellectual property developed by employees and Company representatives is the property of the Company. You are prohibited from unauthorized disclosure, duplication, or distribution of this intellectual property. When employment ends, the obligation to protect the Company’s intellectual property and confidential information continues. All property, documents, materials, and files, including all electronic data (databases, e-mails, electronic documents, key cards, etc.), must be returned to the Company. No copies of Company intellectual property or confidential information should be retained.
If you have any questions as to whether information should be treated as confidential and proprietary, or as other intellectual property, contact the Human Resources Department.
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DRUG AND ALCOHOL POLICY L.A. Fitness recognizes a responsibility to help provide a safe and productive work environment for all employees and to minimize the public safety risks of our operations. Toward this end, L.A. Fitness has a particular concern about substance abuse, since it can affect an employee’s productivity and efficiency; jeopardize the safety of the employee, coworkers, and the public; impair the reputation of L.A. Fitness and its employees; and violate state and federal statutes. WHAT IS PROHIBITED AND REQUIRED OF EMPLOYEES Alcohol
The possession, consumption, purchase or sale of alcohol on Company premises is prohibited. Furthermore, no employee shall be under the influence of alcohol while on Company premises or while performing Company business off Company premises. In addition, persons whose positions with L.A. Fitness require driving as a part of their work may be removed from such positions if found to have been driving under the influence of alcohol, whether on duty or off duty. Legal Drugs ―Legal drugs‖ are those prescribed or over -the-counter drugs which are legally obtained by the employee and used for the purpose for which they were prescribed and sold.
Even such legal drugs may affect the safety of the employee or coworkers or members of the public. Therefore, any employee who is taking any legal drug which might impair safety, performance, or any motor functions must advise his or her supervisor before reporting to work under such medication. If L.A. Fitness determines that such use does not pose any safety or product quality risk, the employee will be permitted to work. Illegal Drugs ―Illegal Drugs‖ are drugs or controlled substances which are (1) not legally obtainable or (2) legally obtainable, but not obtained in a lawful manner. Examples include cocaine and marijuana, and prescription drugs which were not lawfully obtained. The use, purchase, sale, transfer, possession, being under the influence, or the presence in one’s system of a detectable amount of an illegal drug by any employee is prohibited (1) on Company premises, (2) where the employee is performing Company business off Company premises, or (3) where such activity away from Company premises or business affects the employee’s suitability for continued employment or may harm the reputation of L.A. Fitness and its employees.
TESTING FOR DRUGS AND ALCOHOL
A blood test, urinalysis, or other drug/alcohol screening may be required A. L.A. Fitness 12/10
Of any applicant to whom a job offer has been made; 37
B.
Of any employee where there is reason to believe that he or she may be using drugs or may be under the influence of drugs or alcohol. ―Reason to believe‖ includes an injury or accident at work where there is reason to believe that employee impairment may have been a factor;
C.
As part of occasional follow-up testing if the employee is found to have breached these policies but has been permitted to remain employed;
D.
Whenever an employee is working in a job classification which has been designated by L.A. Fitness as a ―safety risk‖ job classification for purposes of this policy; or
E.
If such test is either required or permitted by any law or government regulation.
An employee’s cooperation with such a drug or alcohol screening test is required as a condition of employment. The employee’s refusal to cooperate with such a request and to provide a specimen is grounds for termination where there is reason to believe that the employee has violated this policy and the employee’s refusal to cooperate has prevented a medical determination of his or her condition.
SEARCHES
A search of an employee and his or her locker, work area, lunch box, personal belongings, or vehicle may be conducted when there is reason to believe that the employee is in violation of this policy. An employee’s consent to such search is required as a condition of employment. The employee’s refusal to cooperate with such a request is grounds for termination. VIOLATIONS OF POLICY
Any violation of this policy will be grounds for termination of employment.
SELF-IDENTIFICATION TO COMPANY MANAGEMENT/SUPERVISION
Employees who take the initiative of advising their supervisor or manager in advance that they have a medical problem with regard to alcohol or drug use, who have not engaged in misconduct or repeated poor performance at work, and who demonstrate a commitment to take the necessary remedial action, will be eligible for a medical leave of absence for such purpose and will not be subjected to disciplinary action.
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ACCIDENTS ON COMPANY PREMISES Any accident that occurs on Company premises, be it that of an employee or non-employee, should be reported immediately to your manager. For your own safety and the safety of others, please do not attempt to give medical aid to an injured person, unless you are qualified to do so. Do not hesitate to seek the assistance of a manager. In addition, please remember that only the Human Resources Department can answer questions about the Company’s liability to injured persons. Please do not volunteer any information or attempt to answer any questions, but direct those questions to the Human Resources Department. If an employee is injured on the job, he or she may be entitled to benefits under the State Workers’ Compensation insurance system. The Human Resources Department maintains all necessary work ers’ compensation forms. If a member is injured on our premises and reports that injury to management of the Club, the accident must be reported to the Corporate Office immediately. All accidents/thefts must be recorded on a written report and forwarded to the Human Resources Department at the Corporate Office.
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GENERAL RULES OF CONDUCT All employees are expected to conduct themselves and behave in a manner which is conducive to the efficient operation of the Company. Such conduct includes, but is not limited to: (A)
Reporting to work punctually as scheduled and being at the proper work station, ready for work, at the assigned starting time;
(B)
Notifying the manager in advance when the employee will be absent from work or is unable to report for work on time;
(C)
Complying with all Company safety regulations;
(D)
Wearing clothing appropriate for the work being performed and appearing for work in a manner consistent with good hygiene, safety and good taste;
(E)
Eating meals only during meal periods;
(F)
Maintaining work place and work area cleanliness and orderliness;
(G)
Treating all customers, visitors, and fellow employees in a courteous manner; and
(H)
Reporting to management suspicious, unethical, or illegal conduct by fellow employees, customers, or suppliers.
Although you and the Company each has the right to terminate the employment relationship at any time and for any reason, with or without cause or notice, there is certain conduct which will result in disciplinary action up to and including immediate dismissal. Although it is impossible and impractical to list all of the different types of conduct that would result in discipline or dismissal, the following are some examples of conduct not tolerated by the Company:
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(A)
The reporting to work under the influence of alcoholic beverages and/or illegal drugs and narcotics or the use, sale, dispensing, or possession of these substances on Company premises, or on Company time;
(B)
Engaging in any form of harassment or discriminatory conduct;
(C)
The possession of any dangerous or unauthorized items on Company property, including firearms, explosives or other weapons;
(D)
Insubordination or the refusal by an employee to follow management’s instructions concerning a job related matter;
(E)
Fighting or assault on a fellow employee or customer;
(F)
Improper attire or inappropriate personal appearance;
(G)
The use of profanity or abusive language; 40
(H)
Release of confidential information about L.A. Fitness or members;
(I)
Theft or unauthorized removal or possession of property from the Company, fellow employees, customers or any one on the Company property;
(J)
Altering or falsifying any timekeeping record, intentionally using another employee’s time card, allowing someone else to use your time card, removing any timekeeping recording from the designated area without proper authorization or destroying such a record;
(K)
Interfering with the work of others during working hours by means of horseplay, scuffling, fighting, throwing things or other similar or disruptive behavior;
(L)
Falsifying or making a material omission on an employment application or making erroneous entries or material omissions on L.A. Fitness records;
(M)
Misusing, destroying or damaging property of L.A. Fitness, a fellow employee, a member or visitor;
(N)
Smoking where prohibited;
(O)
Unsatisfactory performance;
(P)
Engaging in any conduct and/or communications which damages the interests of the Company;
(Q)
Falsifying membership agreements, forgery, fraud or using a member’s account information without authorization.
This list is not all inclusive, but is provided to be illustrative of typical prohibited conduct.
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MEMBER RELATIONS It is the policy of L.A. Fitness to provide its members with the best possible service. Employees are expected to treat members in a courteous, respectful manner at all times. Employees should always remember that, in most situations, the member comes first. Treat members in the same manner in which you would want to be treated if the roles were reversed. Employees having personal contact with members are expected to promote the Company’s best interest and to build customer goodwill. Employees should be prepared to listen to member inquiries and complaints and then deal with them in a responsive, professional manner. Be particularly careful to exercise courtesy and thoughtfulness in using the telephone. A positive telephone conversation with a member and/or potential member can exchange goodwill, while a negative experience can destroy a valuable relationship. IF YOU MUST LEAVE US We hope that your association with the Company will be pleasant. However, should you find it necessary to leave us, we ask that you provide your manager with at least two weeks advance notice of your departure. Although there is no guarantee that your notice period will be honored by the Company, your thoughtfulness will be appreciated and considered in the event you reapply for employment with the Company. If at any time you return to work for L.A. Fitness, you will need to comply with the introductory periods as if you wer e a new employee of the Company.
A FEW CLOSING WORDS This handbook is intended to give you a broad summary of things that you should know about L.A. Fitness. The information in this handbook is general in nature and, should any questions arise, your manager and the Human Resources Department should be consulted for complete details. The policies, rules and benefits described in this handbook are subject to any changes that may be made by the Company from time to time, at its sole discretion. Please do not hesitate to speak to your manager or the Human Resources Department if you have any quest
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ions.
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