equal employment opportunity rewrite

8/7/2019 Equal Employment Opportunity Rewrite

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BurczakPaving

Company,Inc

Employee

Manual



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INDEX

401 (k) RETIREMENT SAVINGS PLAN --------------------------45

ABOUT THE HANDBOOK-------------------------------------------------6

ACCESS CONTROL ---------------------------------------------------------39

ACCOMMODATING THE DISABLED--------------------------------25

ATTENDANCE AND PUNCTUALITY--------------------------------16

CELLULAR PHONES-------------------------------------------------------21

CUSTOMER/VISITOR ACCIDENTS----------------------------------42

CUSTOMER/VISITOR COMPLAINTS-------------------------------43

COBRA RIGHTS -------------------------------------------------------------45

CODES OF CONDUCT-----------------------------------------------------28

COMMUNICATION PRACTICES--------------------------------------21

COMPANY TELEPHONES-----------------------------------------------21

CONDITIONS OF USE-----------------------------------------------------36

CONFIDENTIALITY ---------------------------------------------------------33



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CRIMINAL PROSECUTION----------------------------------------------33

DISCHARGE--------------------------------------------------------------------20

DISCRIMINATION COMPLAINTS------------------------------------26

DONATIONS TO CHARITIES AND CLUBS----------------------40

DRESS/APPEARANCE STANDARDS--------------------------------12

DRUG FREE WORKPLACE POLICY---------------------------------24

EMERGENCY AND OFFICE SHUTDOWN------------------------44

EMPLOYEE ACCIDENTS-------------------------------------------------42

EMPLOYEE PRIVACY------------------------------------------------------19

EMPLOYEE BENEFITS---------------------------------------------------44

EMPLOYMENT CLASSIFICATION ----------------------------------11

EMPLOYMENT ELIGIBILTY----------------------------------------------9

EMPLOYMENT NOTICES------------------------------------------------10

EMPLOYMENT OF RELATIVES

AND FRATERNIZATION POLICY ----------------------------------40

EQUAL EMPLOYMENT OPPORTUNITY ----------------------------8



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FIRE --------------------------------------------------------------------------------43

GENERAL PRINCIPLES -------------------------------------------------35

GRIEVANCE POLICY-------------------------------------------------------25

GROUP BENEFIT PROGRAMS---------------------------------------45

HARASSMENT-----------------------------------------------------------------23

HEALTH INSURANCE-----------------------------------------------------44

HOLIDAYS-----------------------------------------------------------------------13

HOUSEKEEPING-------------------------------------------------------------41

INTERNET ACCESS--------------------------------------------------------35

INTRODUCTION---------------------------------------------------------------6

JOB DESCRIPTIONS-------------------------------------------------------12

LEAVE OF ABSENCE POLICY-----------------------------------------46

LEGAL STATUS OF HANDBOOK------------------------------------55

LUNCH HOUR AND BREAKS ------------------------------------------13

MANAGEMENT----------------------------------------------------------------8

MEDICAL PRIVACY---------------------------------------------------------19



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MEDICAL RELEASE---------------------------------------------------------19

OUTSIDE EMPLOYMENT--------------------------------------------------9

OVERTIME POLICY---------------------------------------------------------14

PAY PERIODS -----------------------------------------------------------------14

PERFORMANCE EVALUATIONS------------------------------------16

PERSONNEL RECORDS -------------------------------------------------17

PERSONNEL RECORDS

/CHANGE OF STATUS----------------------------------------------------18

PREGNANCY DISCRIMINATION-------------------------------------27

PREMIUM PAY---------------------------------------------------------------14

PROCEDURES-----------------------------------------------------------------20

PROPERTY/VEHICLES----------------------------------------------------35

RESIGNATION----------------------------------------------------------------19

SAFETY---------------------------------------------------------------------------41

SEXUAL HARASSMENT -------------------------------------------------22



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SMOKING-----------------------------------------------------------------------40

SOLICITATIONS-------------------------------------------------------------41

STAFF LEVEL GUIDELINES--------------------------------------------54

SUMMARY-----------------------------------------------------------------------55

TERMINOLOGY-----------------------------------------------------------------7

THIRD PARTY REPRESENTATON-----------------------------------28

TIME REPORTS--------------------------------------------------------------15

VACATIONS-------------------------------------------------------------------13

WHISTLE BLOWER·S LAW----------------------------------------------27

WORK ASSIGNMENTS---------------------------------------------------20

WORK WEEK ------------------------------------------------------------------13

WORKING HOURS----------------------------------------------------------13



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INTRODUCTION

Welcome to Burczak Paving Company, Inc. Whether you

are an existing employee or have just joined us, wewant you to know that we are pleased that you have

decided to join us. We recognize that we cannot reach

our goals and objectives without competent and

dedicated employees.

We are a company committed to achieving excellence.

We believe strongly that the achievement of these goals

is dependent upon maintaining the excellent employees

and providing a supportive environment that the

company provides for them.

We wish you the best of luck and success in your

position and hope that your employment relationship

with Burczak Paving Company, Inc. will be a rewarding

experience.

About the Handbook

It is your responsibility to review the policies within this

book and ask whatever questions are necessary for

complete understanding. It will acquaint you with the

company, rules, guidelines and policies affecting your

employment. Since it is impossible to anticipate everysituation that could arise the handbook highlights the

company·s general policies, practices and benefits. If

you do not understand them, you should consult

RUSSELL BURCZAK with questions or concerns.



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The employment handbook has been created without

bias toward the employee, Burczak Paving Company,

Inc. or any group of employees. This employee

handbook applies to all new and existing employees.

You have been provided with your own personal copy of

the employee handbook. As soon as possible, please

take a moment to review it. Refer to it whenever you

have questions about a policy, practice or benefit. The

policies are effective immediately, and you are

expected to know and comply with them. We ask that

you sign the handbook receipt acknowledgement at theend of the handbook after, and give it to BRENDA

DENOTE for your personnel files. Upon termination or

resignation of your employment, you will be asked to

return this handbook.

Terminology

The following definitions explain some of the words andterms this handbook uses. The definitions apply unless

the context plainly requires a different meaning.

The terms ´the employer,µ ´the Company,µ ´we,µ or any

other first-person terms are used in this Handbook to

mean Burczak Paving Company, Inc. The terms

´employees,µ µpersonnel,µ µworker,µ µyou,µ or any

second-person terms are used in this Handbook to

mean persons employed by the Company, unless

otherwise specified.



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Management

The CEO, RUSSELL BURCZAK is responsible for

implementing and monitoring said policies and

procedures as outlined in this manual. It is our policy to

employ qualified workers with outstanding talent and

exemplary character and to provide a climate for

growth in technical competence.

Equal Employment Opportunity

It is the Company·s policy to maintain employmentpractices that conform to the spirit and letter of the

laws regarding Equal Employment Opportunity. The

Company will recruit and employ the most qualified

personnel without regard to race, religion, color

national origin, age, disability, or gender as required by

Federal Law. The Company will also conform to all

State or other applicable laws that protect different

groups. Equal Employment Opportunity is a legal, socialand economic responsibility requiring a strong

commitment to nondiscriminatory employment

practices in the areas of recruiting, hiring, promotion,

training, compensation, benefits, disability

accommodation and termination. The management of

the Company deeply believes that the practices of

Equal Employment Opportunity is not only our legal

obligation, but is the right thing to do. As a result, we

insist that all employees faithfully adhere to this policy.

The concept of Equal Employment is understood and

practiced throughout the Company. Management and

non-management employees who engage in unlawful



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discriminatory actions against their subordinates, co-

workers, or customers are subject to discipline,

including discharge.

Employment Eligibility

The Company is committed to upholding the guidelines

as set forth by the Immigration Reform and Control Act

of 1986. In that regard, within three business days of

employment, an employee is required by law of the

United States to submit applicable documents verifying

the legal right to work or receipt of an application for citizenship or other applicable documents. These

should be submitted to BRENDA DENOTE.

In that regard, all employment offers are contingent

upon verification of identity and authorization to work in

the United States. Failure to provide the necessary

documents will disqualify the individual from further

employment.

Outside Employment

The Company strongly discourages employment outside

of Burczak Paving Company, Inc. To be fair to everyone,

a position outside of Burczak Paving Company, Inc. has

to be contingent upon the employee·s first meeting the

demands of his/her job. Outside employment must not

conflict with the interests, policies, or procedures of

the Company, either directly or indirectly. If it creates a

conflict, it will be prohibited and may result in discipline



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or termination. Prohibited outside employment for all

employees include:

1. Performing services for or acting as an agent,

officer, employee, director, consultant, partner, or

shareholder of the Company without prior

approval from the CEO, RUSSELL BURCZAK.

2. Performing services for or acting as an agent,

officer, employee, director, consultant, partner, or

shareholder for any business entity similar to the

Company.

3. Receiving personal income or material gain fromoutside individuals or companies on the Burczak

Paving Company, Inc. premises, using the

Company·s property or equipment, or while

performing services on behalf of the Company.

4. Promoting a personal business at any time during

work hours, while using the Company·s property,

cell phones, or equipment, while on the

Company·s or customer·s premises, or at any timewhen representing the Company.

5. Using the Company·s name as part of any outside

promotional campaign or other business endeavor

without express knowledge and approval of the

CEO.

Employment Notices

Federal, State, and Local laws require that Burczak

Paving Company, Inc. post legal notices informing

you about your employee rights. The Company posts

the required notices in areas frequently observed by



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employees. Every employee is responsible for reading

the notices. If accommodation is needed to read the

notices, please inform your supervisor.

Employment Classification

It is the policy of Burczak Paving Company, Inc. to

classify employees as exempt or non-exempt for the

purposes of compensation. In addition, the Company

may supplement the regular workforce, as needed,

with other employees.

As an employee you are classified as either exempt

or non-exempt, depending on your job responsibilities

and the guidelines set forth by the Fair Labor

Standards Act. Exempt means that hours worked are

not subject to overtime remuneration. Non-exempt

means that you are subject to overtime pay. It is

Company policy that all non-exempt employees are to

be compensated for all time worked.

Employees generally may be categorized as follows:

- Full time employees with benefits (full time is

defined as 30 hours per week perceived to work

52 weeks per year)

Full-time status is not a guarantee of any number of

work hours in a work week. In all cases, work hours are

dictated by the current prevailing business conditions

and the employer·s discretion.



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Job Descriptions

Each employee will receive a detailed copy of his/her

job description. It is provided on the first day of

employment by your supervisor.

Dress/Appearance Standards

A clean and neat appearance is the image expected of

all employees of Burczak Paving Company, Inc. Faddish,

gaudy, and immodest clothing, clothing that is frayed

worn or torn, is not permitted. Clothing bearing logos(except trademarks) or other advertising material is not

permitted unless furnished by the Company and the

employee has been instructed to wear the clothing by

the Company. Employees are required to wear safe,

suitable clothing for their job responsibilities and

duties. Workers on the job sites can·t wear shots,

sleeveless shirts, or leather work boots. Office personal

can·t wear shorts, spaghetti strap shirts, or leather work boots.

If any employee reports to work in inappropriate attire,

the Company may ask such employee to return home to

change clothes. Repeat offenders may be subject to

other disciplinary actions.

Working Hours

Normal business hours for the office are from 7:00 am

to 4:30 pm, Monday through Friday. Work crews vary



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due to scheduling. Periodically at the discretion of the

CEO the company may close for all or part of a day.

Work Week

The work week runs from 12:01 am Thursday through

the following Wednesday at 11:59 pm.

Lunch Hour Breaks

Tennessee State Law requires that each employee

scheduled to work six (6) consecutive hours must havea thirty (30) minute meal or rest period except in

workplace environments that by their nature or

business provides for ample opportunity to rest or take

an appropriate break. The Company allows (30) minutes

for lunch and two (15) minute breaks during an eight (8)

hour period.

Vacations

Burczak Paving Company does not offer paid vacations

at this time.

Holidays

The following holidays are observed by the Company:

New Year·s Day, Memorial Day, Fourth Of July, Labor

Day, Thanksgiving, Christmas Eve, and Christmas Day.

Hourly employees will not be paid for these holidays.



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Pay Periods

All employees will be paid on Friday. If a pay period

should fall on a holiday, the employees will be paid on

the last working day prior to the holiday. Hourly

employee pay is computed one day prior to the holiday.

The skipped day will be added to the next week·s pay

period. To remain in compliance with the state law,

should an employee be terminated, laid off, or resign

his/her position, his/her paycheck will be paid in full the

next regular payday, not to exceed 21 days from the

day of discharge or termination.

Premium Pay

Any employee that works between 10:00 p.m. thru 6:00

a.m. on Friday, Saturday, or Sunday will receive

Premium Pay. An employee who works on Thanksgiving,

Christmas, New Years, or Easter will receive Premium

Pay. Premium Pay is one and one half time·s theemployees· regular pay.

Overtime Policy

Overtime is paid when a non-exempt employee works

more than 40 hours in any one normal work week,

unless Federal, State and/or Local Law requires another

method of determining overtime hours. Overtime is paid

at one-and-one half of the regular rate of pay. In

accordance with Federal, State and/or Local

regulations, only hours actually worked are eligible for

overtime pay. Compensation for time not actually



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worked (I.E. sick days, holidays, ETC.) are not eligible

overtime pay. We are not authorized under Federal Law

to give comp time but must give monetary overtime

compensation.

1. Out-of-town travel is part of a Burczak Paving

Company, Inc. employee·s job description and

efforts are made to distribute the burden among all

employees. Should there be a pressing reason why

an employee cannot travel; it must be brought to

your supervisor promptly who will report that

information promptly to Russell Burczak.2. Any fines imposed in connection with the operation

of a vehicle while on business will be the sole

responsibility of the employee.

Time Reports

Timesheets should be submitted on the form provided,

which is located at the back door in the box of themain office; they are to be filled out and turned in

every day. The Company reserves the right to withhold

pay or terminate an employee who habitually does not

fill out time sheets.

Every person in the Company is required to keep an

accurate record of daily time. Time is kept in the

minimum units of 15 minutes. All time incurred on

customer matters should be charged to the correct

job.



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Attendance and Punctuality

Job attendance and punctuality are important parts of

your job and can affect your performance record.

Excessive absenteeism and lateness places a burden

on your co-workers. An employee who must be absent

or late for any reason must personally call his/her

supervisor at least one hour before starting time.

Non-exempt employees are not paid for time not

worked. Therefore, arriving late to work, leaving early,

or any unauthorized time away from the job will bewithout pay. Any employee who fails to report to work

without notification will be considered to have

voluntarily terminated his/her employment effective at

5:00 pm of the first day of absence. In case of an

emergency or extraordinary circumstance, the

Company reserves the right to make allowances.

The Company requests that all personal appointmentsbe scheduled after work whenever possible. If it is

necessary to schedule an appointment during work

hours, it is absolutely necessary that 24 hour advance

approval be given by the job supervisor.

Performance Evaluations

The Company believes that performance evaluation is

a way to understand performance expectations. Your

first review will be conducted as soon as possible

after the completion of the training period. This is also



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applicable for any rehire, or an employee who has

been promoted.

Employees are evaluated on the basis of their work

behavior and performance, which may include

attendance, punctuality, quality of work and ability to

follow policies and procedures. Most importantly,

employees are evaluated on their demonstrated ability

to provide customer service in accordance with

professional standards and guidelines. Your

evaluation will be conducted by your supervisor.

A formal evaluation is useful for several purposes:

1. It communicates progress toward goals and future

expectations.

2. It provides a setting for discussion of job objectives

and needs.

3. It becomes a part of the written assessment of the

Company to further identify strengths and needs. Itenables goals, objectives, and standards to be

mutually agreed upon communicated for the next

year.

Performance evaluations may be conducted as often

as necessary throughout the year.

Personnel Records

Your employment record begins with your employment

application and is kept in a permanent confidential

file. Your personnel file contains records related to



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your employment, such as your application for

employment, performance evaluations, counseling

forms, and records related to disciplinary actions, as

well as payroll transmittals recording changes in

positions held or rates of pay. These files are the sole

and exclusive property of the Company. All records of

both current and terminated employees will be

maintained in confidence to the extent possible. All

requests for employment verification should be made

to the office manager. The Company will disclose

positions held, and dates of employment to persons

requesting employment reference information. Noother information will be released to any person or

organization without the employees· written

authorization and signed release of liability. The

Company retains the right to deny any such request,

even with a signed release, if deemed necessary.

Personnel Records/Change of Status

It is important that your personnel record be kept up

to date. This is necessary to assist us in the case of

emergency, to make proper tax calculations, and to

assure proper insurance coverage, where it applies.

Any time you have a change in personnel data, report

it to the office manager.

Employee Privacy

It is the Company·s goal to respect the individual

privacy of its employees and, at the same time,

maintain a safe and secure workplace. When issues of



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safety and security arise, you may be requested to

cooperate with an investigation.

Medical Privacy

The Company will comply with HIPPA Privacy Rule to

protect an individual·s medical records and personal

health information.

Medical Release

If you are absent more than three consecutive daysdue to illness, accident or injury, or if you sustain a

work related injury for which you have obtained

professional medical treatment, you must contact

your supervisor. You will be required to provide a

signed physician·s statement, stating the nature of the

illness, or injury, and a release to return to work

before you can actively return to your job.

Resignation

The Company asks that any employee resigning a

position give at least a two week·s notice and a letter

of resignation to RUSSELL BURCZAK. The letter of

resignation should name (1) the position from which

he/she is resigning, (2) reason(s) for the resignation,

and (3) the date of the last day of work with their

Company. Final pay will be paid no later than the next

regular pay day following the resignation, not to

exceed 21 days from the date of resignation,

whichever comes last. The Company reserves the



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right to immediately terminate an employee when two

weeks· notice is given.

Discharge

If discharged, the Company will pay final wages at the

time of termination.

Procedures

You have been selected to maintain and enhance the

Company·s tradition of excellence. We strive toprovide effective training, management support,

benefits, and a pleasant and safe work environment.

In turn, we ask that you consistently bring an attitude

that demonstrates energy, enthusiasm and a concern

for developing customer loyalty, to contribute to our

success.

Work Assignments

Work assignments are the responsibility of the

supervisor to whom an employee reports. In case of

work outside the office, the supervisor to whom you

report has ultimate responsibility. Whenever possible,

advance notice of new assignments will be given,

especially when out-of-town travel is expected. Once

a job begins the employee reports directly to the

supervisor in charge.



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Company Telephones

Telephones are provided for business use. Personal

telephone calls are to be made during lunch or break

periods, with the exception of emergencies. Friends

and family should be discouraged from calling. Use of

the telephone to make long distance calls of a

personal nature is prohibited.

Cellular Phones

We will reimburse for business use of personal cellphones when those calls result in additional charges

on a personal cell phone bill. Personal text messaging

during business hours is prohibited. Personal phone

calls are prohibited unless family emergency or during

lunch break.

Communication Practices

The Company is committed to maintaining a positive

and pleasant environment in which to work and

believes in a concerted effort to promote an open door

policy. Simply stated, we promote the attitude that

anyone, regardless of job title, is accessible to anyone

else if there is a business necessity. It is important to

emphasize that open communication is most effective

concern for developing customer loyalty will

contribute to our success.



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You are encouraged to see the supervisor to whom

you report with suggestions, questions, or concerns

relating to your position.

POLICIES

Sexual Harassment

It is the Company·s policy that all employees are

responsible for assuring that the workplace is free

from harassment, including sexual harassment.

Sexual harassment is defined as any unwelcome

sexual advances or requests for sexual favors or any

conduct of a sexual nature when:

1. Submission to such conduct is made either

explicitly as a term or condition of an individual·s

employment.

2. Submission to or rejection of such conduct by anindividual.

3. Such conduct has the purpose or effect of

substantially interference with an individual·s work

performance or creating an intimidating, hostile, or

offensive working environment.

It is very serious breach of policy for any employee to

engage in any form of offensive or inappropriate

sexual behavior at work and any action or conduct

that could be reviewed as sexual harassment must

be avoided.



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Harassment

Harassment is defined as verbal or physical conduct

that denigrates or shows hostility toward an individual

because of his/her race, color, religious gender, national

origin, age, or disability, and that creates hostile or

offensive work environment, which unreasonably

interferes with an individual·s work performance.

Harassing conduct includes, but is not limited to, the

following: epithets, slurs, threatening, intimidating

hostile acts, as well as written or graphic material that

denigrates or shows hostility regarding theaforementioned protected categories. To this end, it is

very serious breach of policy for any employee to

engage in harassment based on another individual·s

race, religion, gender, national origin, age, or disability.

It is the policy of the Company to maintain a working

environment free from sexual and other forms of

harassment. Management and non-managementemployees who engage in unlawful harassment or

intimidation against their subordinates, co-workers, or

customers are subject to discipline, including

discharge. Complaints will be promptly handled without

retaliation, and privacy safeguards will be applied. If

you believe you have been subjected to harassment

and/or sexual harassment, or if you observe the

harassment of a co-worker, you should report this

conduct to the supervisor who will then promptly report

it to RUSSELL BURCZAK or to CHARLES ALLISON.



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Drug Free Workplace Policy

As a result of its responsibilities to its employees and

customers to maintain a safe and healthy workplace,

Burczak Paving Company, Inc. has an obligation to

ensure that illegal drug and alcohol use are kept out of

the workplace and is responsible to provide a

workplace free of possible injuries inflicted by

employees under the influence of drugs or alcohol.

1. Employees are expected to be in suitable mental

and physical condition at work, performing their job satisfactorily and behaving properly.

2. Employees who are under the influence or who use,

purchase, sell, or possess alcohol, illegal drugs,

controlled substances, or associated

paraphernalia, while on the job or on Company

property, are subject to immediate discharge. The

same applies to employees who become

intoxicated at a Company function.3. Employees who are taking an over-the-counter

medication, or who are undergoing prescribed

medical treatment with a controlled substance and

who are not able to perform their job satisfactorily,

should request a leave of absence. If you believe

you are able to work while taking the over-the-

counter or prescribed medication, you must report

its use and side effects to the supervisor who will

then promptly report it to RUSSELL BURCZAK or to

CHARLES ALLISON. The Company views any

violation of this policy as a very serious offense.

Discipline may include termination.



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Burczak Paving Company, Inc. is a Drug Free

Workplace. Therefore, upon pre-employment you will be

subject to a drug screen. We do have a drug/alcohol

policy and have random drug screens throughout the

year.

Grievance Policy

We recognize the need an employee may have when a

breakdown of communication exists between an

employee and his/her supervisor. If you have a concern,policy dictates that you discuss it with them first,

whenever possible. Should you not feel comfortable

doing so, you may contact RUSSELL BURCZAK.

Accommodating the Disabled

We believe that employment at the Company should be

open and accessible to all individuals. Therefore, it ispolicy to comply with Federal, and State Laws

concerning the employment of the disabled.

Accordingly, the Company will not discriminate against

any qualified individual because of a disability, with

regard to application, hiring, advancement, discharge,

compensation, benefits, training, or other terms,

conditions, and privileges of employment. ´Disabilityµ

means a physical or mental impairment that

substantially limits one or more of the major life

activities of an individual. If a person is not able to

perform essential functions of the job, even with



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reasonable accommodation, then that person is not

qualified for the position.

The Company will reasonably accommodate qualified

disabled individuals so that he/she can perform the

essential functions of the job, and evaluate the

requests, the reasonableness of the requested

accommodation, along with other alternatives. Benefits

provided to qualified disabled employees are no

different from the benefits provided to other employees.

Individuals who are currently disabled, or who becomedisabled in the future, and desire some form of

accommodation, should contact their supervisor who

will then promptly report it to RUSSELL BURCZAK or

CHARLES ALLISON. Employees who are on disability

leave, whether work related or not, should also contact

the supervisor when they are released to work to

request an accommodation due to a disability.

Discrimination Complaints

The Company firmly supports Equal Employment

Opportunity, and is strongly opposed to sexual

harassment and other forms of unlawful harassment or

unlawful discrimination. Therefore, to ensure prompt

action, any employee who has a complaint of

discrimination, retaliation, sexual harassment or other

forms of harassment at work, by anyone including a

team member in a supervisory position, co-workers,

visitors, or customers, you must bring the problem to

the supervisor for resolution. If the discrimination



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should involve the supervisor to you directly report to,

the employee should then contact Russell Burczak.

Complaints will be promptly handled without retaliation,

and privacy safeguards will be applied in handling

complaints of discrimination, sexual harassment, or

other forms of harassment. The Company will take

prompt, appropriate remedial action, including

discipline measures when justified, to remedy all

violations of its sexual harassment and Equal

Employment Opportunity policies. Individuals found to

have violated any of the Company·s Equal Employment

Opportunity policies will be subject to discipline,including termination.

Pregnancy Discrimination

The Company firmly supports the discrimination law

that prohibits an employer from discriminating against a

pregnant employee.

Whistle Blower·s Law

Under the Tennessee ´Whistle Blower·s Lawµ, the

employer may not take any reprisal against an

employee who advises the employer that the business

is in violation of law, or the employee objects to or

refuses to participate in an employee action in violation

of law.



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Third Party Representation

The Company is constantly working to improve

procedures and policies to make our environment the

best that it can be. It is our sincere desire to treat all

our employees consistently, with respect and trust on

both sides. In some Companies, employees feel that

their interests would not be considered without the help

of third party representation. However, it is our goal to

always have the interest of our employees and we are

always open to any idea and suggestion. It is our belief

that the presence of an outside third party would onlymake it more difficult to work together.

Codes of Conduct

The firm recognizes that certain standards of

performance and conduct must be maintained, in order

to provide the excellent quality of service that our

customers have come to expect and to hold our tradition of excellence, we have established codes of

conduct.

Burczak Paving Company, Inc. requires that every

employee, regardless of position, is treated with

respect and in a fair and just manner. You are expected

to conform to common and accepted standards of

behavior and job performance, as well as to formal

rules. It is impossible to lists all acts of misconduct, so

it must be understood that written rules cannot be all-

inclusive. Consequently, the Company reserves the

right to discipline any behavior, whether or not it is



~ 30 ~

reduced to writing, that in the view of management

adversely affects the Company and is contrary to good

business practices. It is the policy of the Company that

any conduct that, in its view, interferes with the public

image of the Company is grounds for disciplinary action

ranging from counseling to immediate discharge.

The Codes of Conduct apply equally to everyone and

may be implemented at any stage as determined to be

appropriate. Nothing contained in these Codes of

Conduct should be construed to be a contract or to

alter the at will employment status of every employee.The Company continually updates and reviews its

policies and accordingly, is subject to change, and may

be amended or deviated from at anytime the Company

considers it appropriate so as to respond to business

needs.

The following codes not only apply to violations at the

Company·s various offices, but are applicable andenforceable at any job site. Violations of any of the

following codes may result in disciplinary action being

taken, up to and including discharge:

1. Reporting to work at a customer·s place of

business under the influence of drugs or alcohol,

or using drugs or alcohol while on duty as

specified in the drug free workplace policy.

Also, possessing, receiving, selling, or

distributing medically unauthorized or illegal

drugs while at the Company.



~ 31 ~

2. Theft, embezzlement, dishonesty, mishandling

of the Company·s funds or any fraudulent act.

Any unauthorized passion or removal, whether

actual or attempted, of the Company, a fellow

employee·s property, merchandise or funds, or

other forms of dishonesty.

3. Accepting pay time not worked, or for duties not

performed. Allowing unauthorized personnel to

perform any work or tasks while on the

Company·s property or on behalf of the Company

while off its property.

4. Possessing firearms, explosives or other dangerous weapons at the workplace.

5. Falsifying any record, providing false

information, or omitting required information on:

insurance claims, incident reports, time records,

employment applications, resumes, filing a

fraudulent worker·s compensation claim, or

other Company documents.

6. Deliberately damaging, defacing or misusingCompany property of others. Any act of

sabotage, including the destruction of computer

data or files.

7. Acts or threats of physical violence against

anyone, disorderly conduct, threatening,

intimidating, coercing or interfering with

employees or others, using profane language or

inappropriate gestures with employees,

members, or clients.

8. Immoral or indecent conduct or violation of any

law that may adversely affect the Company.

Conviction of DUI while operating a Company



~ 32 ~

vehicle on Company business, or gambling on

Company premises or while on Company

business. Any action that discredits or results in

loss of goodwill toward the Company.

Interfacing with a customer in an inappropriate

or discourteous manner.

9. Failure to cooperate in any Company sanctioned

loss prevention/security investigation.

10. Failure to report for work without directly

notifying the supervisor to whom you report.

Absenteeism, reporting to work late, or being

absent without a valid reason. Falsely claimingsick leave or otherwise falsifying excuses of

absence. Malingering while on leave of absence.

11. Violation of the Company·s Equal Employment

Opportunity or harassment policies. Unlawful

discrimination in hiring, firing, paying, promoting,

transferring, or training any employee or

applicant. Engaging in discriminatory actions or

comments toward employees or customers.12. Unauthorized use, transmission, or release of

proprietary, confidential, or other Company or

customers information, including trade secrets,

to any Company or non-company person or

source, including the news media. Unauthorized

use, transmission, or release of confidential

Company information, including but not limited

to, computer records, customer lists, trade

secrets, etc.

13. Any negligent action that could or does result in

injury to self or others. Failure to adhere to the

Company·s safety program as well as Local,



~ 33 ~

State, Federal, and OSHA safety regulations.

Failure to report a work-related injury when it

happens or failure to complete an incident report.

14. Soliciting, collecting funds, engaging in

propaganda or organizing activities, distributing

pamphlets or other reading material during work

time or in the workplace during work hours.

Posting notices or published articles on Company

bulletin boards or premises without authorization

from management.

15. Dereliction of duty or malfeasance. Sleeping on

the job.16. Insubordination, refusing, or failing to carry out

instructions of the supervisor that you directly

report to.

17. Failure to comply with Company policy as

outlined in this handbook or other publications.

18. Failure to adhere to Company dress codes or

grooming standards.

19. Lack of attention to job responsibilities or inattention to duties. Failure to follow prescribed

work procedures, meet established quality

standards, perform work in a satisfactory

manner, meet housekeeping and sanitation

responsibilities, or excessive socializing during

work hours or loafing.

20. Inability to get along with supervisors, co-

workers, or customers. Disruptive, intimidating or

disrespectful conduct, malicious gossip and/or

the spreading of rumors. Causing disharmony in

the work place.



~ 34 ~

21. Improper or unauthorized use of the Company·s

possessions.

22. Any violation of the Company·s information use

policy regarding the use of the Company·s

computers, e-mail, and internet.

23. Working independently or directly for another

while on a personal leave or medical leave.

Criminal Prosecution

It is the Company·s policy to criminally prosecute any

individual suspected of having committed acts of dishonesty against the Company or one of their

customers, or who have engaged in illegal conduct on

Company and/or customer·s property or home.

Confidentiality

It is expected that you will keep confidential any

Company matter or information to which you haveaccess. Examples of such confidential information

include propriety information, trade secrets, and other

confidential information including but not limited to:

1. Customer names, addresses, telephone

numbers, computer files, directories or customer

data that would be in violation of the Company·s

Codes of Conduct.

2. Information regarding the Company·s files,

directories, future promotions, wage of

employees, benefits, personnel information and

medical records.



~ 35 ~

3. Information regarding the Company·s legal

matters, such as contracts, legal claims, and

litigation.

It is against the Company·s policy for employees to

tape record meetings, discussions, personal, and

telephone conversations, records, documents or

other forms of communications in any format or by

any media, including video or voice or image digital,

without the knowledge of all parties concerned.

Employees may not discuss confidential matters or release confidential information to ANY outside party

without express knowledge and permission of the

CEO, RUSSELL BURCZAK or the CFO, CHARLES

ALLISON. Outside parties who insist on knowing

confidential information should be directed to the

CEO, or the CFO. If any question shall arise about

how to treat such information, treat it as confidential

until the CEO, or the CFO directs otherwise.

Employees shall not obtain customer files or

customer material unless such employee is currently

working on behalf of a customer, and has the need to

know the contents on order to adequately service the

customer·s needs. Divulging confidential information

to any customer, a Company employee or an outside

individual or source, is a violation of the Codes of

Conduct and is a subject to disciplinary action, as

well as, immediate dismissal.



~ 36 ~

Property/Vehicles

The Company cannot be responsible for personal

belongings, cash or other valuables brought into the

workplace or to a customer·s place of business, or

vehicles parked on Company property or at a

customer·s place of business.

USAGE POLICY

Internet Access

Internet access is deemed to be a business tool

providing a source of information with the potential

for benefiting all areas of the Company and

enhancing customer service, customer retention, and

growth. Therefore, it is the policy of the Company

that management will approve internet access as

deemed appropriate and will determine what

components of the internet policy will be available (e-mail, world wide web, newsgroups, etc.) any

employee accessing the internet on Company

equipment or on a Company account should become

proficient in its capabilities, practice proper network

etiquette, and agree to the conditions and

requirements of this policy.

General Principles

Internet/intranet and e-mail privileges provided by

Burczak Paving Company, Inc. are considered

Company resources and are intended for business



~ 37 ~

purposes only. Usage may be monitored for unusual

or unacceptable activity. Burczak Paving Company,

Inc. owns the e-mail system and information

transmitted and stored within it. Employees shall not

access personal e-mail accounts (such as hotmail)

through the web on Company computers. These e-

mails can include harmful attachments that are

invisible to the corporate antivirus software.

Employees should have no expectation of privacy or

confidentially in any of their e-mails. Employee e-

mails may be monitored for policy, security, and/or network management reasons from to time and are

subject to inspection at any time. Therefore, use of

confidentially disclosures should be used for all

internal or external e-mails.

The distribution of any information through the

internet, computer-based services, e-mail, and

messaging systems is subject to the scrutiny of theemployer. Burczak Paving Company, Inc. reserves the

right to determine the suitability of this information.

Conditions of Use

Users will not:

- Knowingly visit internet sites that contain

obscene, hateful, or other objectionable

materials, send or receive any material, whether

by e-mail, voice mail, memoranda or oral

conversation, that is obscene, defamatory,

harassing, intimidating, offensive, discriminatory,



~ 38 ~

or which is intended to annoy, harass, or

intimidate another person.

- Generally, internet usage shall be confined to

business use only. Just by browsing certain web

sites, malicious software includes adware,

spyware, active components , and keystroke

loggers. These programs can capture keystrokes

(such as logon credentials, passwords, and social

security numbers) and transmit that information

outside the Company·s network to a third party.

Even known reputable web sites can be hackedand deliver malicious to software. Recreational

surfing must be done outside office hours and

must not introduce these risks to the Company.

- Use the internet or e-mail for illegal purposes.

- Open e-mail attachments ending in exe unless

authorized by management.

- Open e-mail attachments from unknown senders.

- Use the internet or e-mail for offensive or vulgar

messages such as messages that contain sexual

or racial comments or any messages that do not

conform to Burczak Paving Company, Inc. policies

against harassment and discrimination.

- Download any software or electronic files without

implementing virus protection measures that have

been approved by Burczak Paving Company, Inc.



~ 39 ~

- Participate in unauthorized political or religious

activities.

- Make or post incident remarks, proposals, or

materials.

- Intentionally interfere with the normal operation

of the network, including the propagation of

computer viruses and sustained high volume

network traffic, which substantially hinders

others in their use if the network.

- Reveal or publicize confidential or proprietary

information which includes, but not limited to:

financial information, confidential customer

information, marketing strategies and plans,

databases and any information contained therein,

customer lists, computer software source codes,

computer/network access codes, and businessrelationships.

- Examine, change, or use another person·s files,

output, or user name for which they do not have

explicit authorization.

- Use Company equipment or other resources for

any purpose for any other than authorized by

management of Burczak Paving Company, Inc.

- Allow unauthorized persons to use Company

equipment for Company or personal use.



~ 40 ~

- Share passwords with any other user.

- Waste time on non-Company business.

- Identify themselves in any way other than

honestly, accurately, and completely in

newsgroups, or when setting up accounts on

outside computer systems.

- Perform any other uses identified by Burczak

Paving Company, Inc.

Access Control

Only authorized Burczak Paving Company, Inc.

personnel shall have access to the Company·s pc.

Accessing the internet for any purpose other than

Burczak Paving Company, Inc. business use is strictly

prohibited.

Users who violate any of the guidelines set in the policy

may be subject to disciplinary action including written

warnings, revocation of access, privileges, and

termination. Burczak Paving Company, Inc. also retains

the right to report any illegal violations to the

appropriate authorities.



~ 41 ~

General Policies

Smoking

Tennessee·s Non-smoker Protection Act., effective

October 1, 2007, prohibits smoking in all public places

in the State of Tennessee. The law defines a public

place as an enclosed area to which the public is invited

including, among other things, ´place of employment.µ If

you wish to smoke, please do so at the designated

place outside each office. Please properly dispose of

your cigarette butts and packing in the receptaclesprovided.

The use of tobacco products is prohibited in the

Company·s and customer·s offices.

Employment of Relatives and Fraternization Policy

The Company·s practice is not to hire or maintainemployment of relatives, either by blood or marriage,

and/or domestic partners. Exceptions to this must be

reviewed and approved by RUSSELL BURCZAK prior to

hiring.

Donations to Charities or Clubs

Requests for any donations directed to any level of the

Company should be referred to the CEO or the CFO.



~ 42 ~

Solicitations

In order to ensure efficient operation of the Company, it

is necessary to control solicitation. Therefore, no

solicitations of any kind are permitted, which includes

circulars, filters, magazines or printed material.

Employees are restricted from soliciting or distributing

any type of marketing material, while on Company·s

property. Any exception must be pre-approved by

RUSSELL BURCZAK.

Housekeeping

Good housekeeping standards are an important part of

maintaining a safe place to work. It is a part of

everyone·s job to ensure that housekeeping standards

are practiced on a daily and continual basis.

Safety

The Company believes that each employee is

responsible for taking reasonable and proper action to

safeguard the life, health, property and environment of

the working facility. Safety is shared responsibility and

an important part of everyone·s job and the Company

will strive to do its part to provide a safe work

environment. Employees are expected to work and act

safely while on the job or at the customer·s place of

business, and of threatened, should immediately

correct any safety hazards that they detect. Otherwise,

employees are required to notify the supervisor they

report to of any hazardous conditions.



~ 43 ~

Customer/Visitor Accidents

If a customer or visitor is injured on Company premises,

employees should offer reasonable assistance. If the

situation requires professional medical attention proper

action should be secured immediately.

- Any injury requires that an incident report be

completed immediately. RUSSELL BURCZAK must

be made aware of any injury, as soon as possible.

- The individual·s name, address, phone number,

and nature of injury must be obtained as part of the incident report. If applicable, name and

address of each witness and employee who

observed the incident must also be gathered and

reported.

- Employees of the Company should never admit

fault or liability or make reference in any way to

insurance or medical bills.

- Whenever possible, photograph the scene of theaccident as soon as the customer or visitor has

left, and send photograph to RUSSELL BURCZAK.

Employee Accidents

Safety of our employees is one of our most important

considerations at the prevention of employee injuries. If

an on-the-job- injury occurs at the Company or at the

Company office, (no matter how minor), report it at

once. An incident report must be completed and filed

with BRENDA DENOTE within 24 hours. If the injury



~ 44 ~

requires professional medical attention, call BRENDA

DENOTE immediately.

Customers/Visitor Complaints

All customer complaints should be referred to the

supervisor to whom you report. The Company will do all

in its power to be fair and equitable to resolve the

matter in any given situation.

Fire

In the event of a fire, remember these steps:

1. If in the office notify the fire department and alert

others.

2. Know where the fire extinguishers are located and

how to use them.

3. Use the all-purpose fire extinguishers on any fire.

Water may not be appropriate in many cases, andin fact, may be unsafe. Evacuate everyone

according to the fire plan.

4. If the fire is electrical in nature, turn the power off.

The Company expects all employees to do everything

possible to safeguard the office and equipment from

damage by fire. Each employee is expected to keep

his/her working station and/or office, clean and free of

rubbish and by observing all rules regarding fire

prevention. Fire drills are held periodically to ensure

prompt and safe exit of employees in case of an actual

fire.



~ 45 ~

The Company·s supervisors are responsible for ensuring

that all employees, including those with disabilities, are

safely evacuated during emergency.

Emergency and Office Shutdown

Employees, who are unable to get to the office or to the

customer job due to weather related conditions, should

call their supervisor as soon as possible. Should an

employee suspect that the Company or the customer·s

office may be closed due to inclement weather, he/sheshould call the supervisor.

Employee Benefits

The Company provides a competitive benefits package

to its employees. These include a 401(k), AFLAC, social

security, medical insurance, unemployment

compensation, and workers compensation.

Health Insurance

The Company provides Health Insurance Benefits. Once

an employee reaches age 65, it may be more

advantageous for the employee to elect out of the

Company·s Health Insurance Coverage and enroll in

Medicare Coverage. Should the employee make the

election to switch coverage, the Company will pay the

employees premium cost for any Medicare Supplement

that is attained by the employee.



~ 46 ~

401(k) Retirement Savings Plan

Employee·s who are at least 21 years of age are eligible

to participate in the Company·s 401(k) plan the first

semi-annual entry date, as defined by the plan after

employment begins. This plan is an optional benefit that

requires employee contribution and features a Company

contribution of 3%. Employer match contributions will

not be made until the first day of the quarter after the

employee has been employed. A summary plan

description is available upon application for

participation.

Group Benefits Programs

These benefits include, but are not limited to group

medical. Specific details about the benefit programs,

including the procedures for enrollment and eligibility

for employee and spouse coverage will be provided to

you when you become eligible to participate. Allbenefits by the Company for the benefit of its

employees are administered in accordance with any

applicable Federal, State, and Local regulations ERISA,

COBRA, HIPPA, and others, in accordance with the

provisions of COBRA.

COBRA Rights

If the employee or the employee·s spouse loses group

health insurance coverage due to employment

termination or any other ´qualifying event,µ he/she may

be eligible to elect continuation of group health



~ 47 ~

coverage in accordance with the consolidate omnibus

budget reconciliation act (COBRA). More information

about those rights is found in the summary plan

description in the group health booklet.

Leave of Absence Policy

The company has established a leave of absence policy

to meet the needs of its employees when additional

time away from work becomes necessary. Leaves of

absence represent approved time off work, generally

without pay and may include approved time off for apersonal leave, personal medical leave, family leave,

family medical leave, military leave, funeral leave, jury

duty, witness duty, or for other reasons approved by the

Company. Certain leave of absence may also qualify

under the family and medical leave act (FMLA); his or

her leave will run concurrently with any approved leave

of absence granted.

The Company·s leave of absence policy will be

administered without regard to race, religion, color,

national origin, age, disability, or gender as required by

federal law. The Company will also comply with any

applicable State or Local laws that protect additional

groups. In cases where Local, State or Federal laws

differ from this policy, the applicable law will govern.

An employee who averages at least twenty hours per

week on a regular basis is eligible to apply for a leave

of absence. An employee is eligible for a leave under

the family and medical leave act (FMLA) if she or he has



~ 48 ~

worked for the Company for at least twelve months and

has worked at least 1,250 hours during the twelve

consecutive months immediately preceding the

inception of the FMLA leave.

An eligible employee can take up to twelve weeks of

FMLA leave in rolling twelve month period for a

qualified purpose. Any leave taken during the preceding

twelve months will reduce the maximum twelve weeks

of FMLA leave available at the inception of a new leave.

Employees returning to work from a qualified FMLA

leave will be restored to the same or an equivalentposition, with comparable pay, benefits and working

conditions. A leave of absence must be requested at

least thirty days in advance if the leave is foreseeable.

Unless otherwise noted in the leave of absence policy,

all leaves of absence are without pay. Employees are

required to substitute available vacation time and/or

sick time (when sick time applies) for any unpaid leavesof absence. With the exception of military leave, this

requirement applies to all unpaid leaves of absence

including family leave and family medical leave. All

leaves of absence must be requested in writing using

the leave of absence request form and approved by

RUSSELL BURCZAK. The leave of absence form can be

obtained from the supervisor.

All leaves of absence are granted at the discretion of

the Company, taking into account the needs of the

employee and business conditions. The Company may,



~ 49 ~

at its discretion, designate any qualified time off as

FMLA leave beginning with the first day of absence.

An employee who fails to return from a leave of

absence by the scheduled return-to-work date will be

terminated unless an extension is requested and

granted. It is the employee·s responsibility to obtain the

appropriate documentation and apply for an extension

in a timely manner.

The types of leave of absence are summarized below

and described in more detail in the leave of absencepolicy. All leaves designated with an asterisk (*)

qualifies as an FMLA leaves.

Unpaid personal leave ² unpaid personal leaves of

absence represent time away from work for personal

reasons. Employees are eligible to apply for unpaid

personal leaves of absence for valid personal reasons.

All unpaid personal leaves of absence must be approvedby the supervisor to whom they report to and RUSSELL

BURCZAK. Unpaid personal leave absence will not be

granted for a period longer than thirty calendar days in

any 12-month period.

*personal medical leave* - employees suffering from

serious health conditions are eligible to apply for an

unpaid personal medical leave of absence. All personal

medical leaves of absence will be without pay unless

the employee qualifies for disability benefits or workers·

compensation.



~ 50 ~

An employee who applies for a personal medical leave

of absence may also qualify for a disability leave as

follows:

y Family leave- family leave can be taken because of

the birth of an employee·s son or daughter, to care

for that son or daughter, or because of the

placement of a child with the employee for

adoption or foster care. Employees who have

completed at least one year of service and who

worked at least 1,250 hours during the preceding

twelve months are eligible for a family leave of absence. Family leave is available to all eligible

employees regardless of gender. Family leave can

be taken for up to twelve weeks in any rolling

twelve month period and will be granted in

accordance with the terms of the FMLA. An

employee requesting a family leave must complete

a leave of absence request form from the

supervisor to whom they report to and must beapproved by RUSSELL BURCZAK. All family leave is

without pay.

y Family medical leave ² family medical leave may be

requested when it is necessary for an employee to

take time off work to help care for his or her

spouse, son, daughter, parent or domestic partner,

if the family member is suffering from a serious

health condition. Family leave can be taken for up

to twelve weeks in any rolling twelve month period

and will be granted in accordance with the terms

of FMLA. Employees who have completed at least

one year of service and who have worked at least



~ 51 ~

1,250 hours during the preceding twelve months

are eligible for a family medical leave. All family

medical leave will be without pay. An employee

requesting a family medical leave must complete a

leave of absence form from the supervisor to whom

you report to and required documentation.

RUSSELL BURCZAK must approve the application

for family medical leave.

y Intermittent leave of absence- in the event of a

qualified personal or family medical leave of

absence, an employee may take up to twelveconsecutive weeks of FMLA leave or use the leave

or use the leave intermittently by taking a day

periodically as needed during the year. Under

certain circumstances, the employee may use the

leave to reduce his/her work week or work day

resulting in a reduced hourly schedule. In order to

accommodate an intermittent leave of absence or

reduced work schedule, the Company may, at itsoption, temporarily transfer the employee to an

available alternative position with equivalent pay

and benefits. In the event of the birth, adoption or

foster care of a child reduced hourly schedule.

Leave for the birth, adoption or foster care of a

child must be taken within one year of the birth or

placement of the child with the employee.

y Intermittent leave will be approved for a period of

no longer than thirty calendar days. At the end of

the thirty day period, the employee must apply for

an extension of his/her intermittent leave. Any



~ 52 ~

intermittent leave including incremental time off or

reduced work schedule that qualifies under the

FMLA will reduce the maximum FMLA leave time

available during a rolling twelve month period.

y Military leave- the Company encourages the

patriotism of its employees as United States

citizens. Associates will be granted leaves of

absence to fulfill short-term military obligations in

the United States armed services. The policy

regarding military leaves of absence is intended to

comply with the provisions of the uniformedservices employment and reemployment rights act

of 1994 (USERRA).

y USERRA provides reemployment protection and

other benefits for employees who leave civilian

employment to perform military service. To qualify

for reemployment rights following a period of

military service, an individual must meet theeligibility criteria established by USERRA and set

forth in the company·s leave of absence policy. In

cases where applicable state or local laws differ

from this policy by providing greater benefits for

returning servicemen/women, the applicable laws

will prevail.

y Military service includes the united states army,

navy, marine corps, air force, coast guard and

public health service commissioned corps, the

reserve components of each and federal training or

service in the army national guard or air national



~ 53 ~

guard, whether voluntary or involuntary, in

peacetime and when the country is at war.

Employees required to render state, pursuant to a

call from the governor of the state, do not retain

the same rights or privileges except to the extent

required by state or local law.

y During periods of military service, the Company will

compensate an employee for the difference

between his or her income for a normal work week

excluding overtime and premium pay, and the

amount she or he receives in military pay. Toreceive this compensation, the employee is eligible

for a maximum of two weeks income to

supplement military pay.

An employee who is leaving the company to fulfill his or

her military obligation must provide advance notice to

his or her supervisor to whom they report to, whenever

possible. Military leaves of absence will not be denied.An eligible employee who leaves the Company·s

employment to enter military service is entitled to the

same status he or she attained when continuously

employed at the Company. This includes credit for prior

service, or any applicable credited rights or privileges.

The Company will count the months and hours that all

military would have worked if they had not been called

up for military duty toward the FMLA eligibility.

In order to retain his or her reemployment rights, the

returning servicemen or woman must contact RUSSELL

BURCZAK on the day that the employee will report to



~ 54 ~

work, on a timely basis following his or her return from

military service.

Funeral leave- the Company allows eligible employees

to take off to attend to matters following the death of a

family member. An employee is eligible for a paid leave

of up to three day for the purpose of arranging,

attending, and resolving personal matters related to the

death of his or her immediate family member.

Immediate family members include the spouse, parent,

grandparent, grandchild, son, daughter, sister, brother,

stepparent, stepbrother or stepsister. Also included arein-laws, with comparable relationships (mother, father,

grandparent, etc.)

An employee requesting funeral leave is required to

notify the supervisor to whom they report to as soon as

it is known that time off is needed. Requests for funeral

leave will not be unreasonably denied.

Jury duty- the Company encourages its employees to

fulfill their civic obligations as citizens of the United

States. Should an employee be required by law to sit on

a jury in a court of law, they are eligible for each day of

work missed, up to 5 days of base pay in any twelve

(12) month period, excluding overtime or premium pay.

An employee summoned to participate in jury duty must

notify the supervisor to whom they report to as soon as

the notice to appear is received.

Witness duty- the Company also provides its employees

with time off to fulfill their obligations when



~ 55 ~

subpoenaed to testify at trial. Employees will be

granted time off with pay for time lost from work when

required to appear as a witness in court if company

related. An employee subpoenaed to testify at a trial

must notify the supervisor to whom they report to after

receipt of the subpoena. Witness duty, when

subpoenaed, will be paid but not to exceed two days.

Time off with pay will not be granted when the

employee has not been subpoenaed.

Voting ² it is the Company·s policy to encourage its

employees to participate in the election of governmentleaders. Employees should have adequate time to vote

before and after work hours, but in some cases may

not. The employee must inform the supervisor to whom

they report to 15 days prior to an election, should they

need time off from work for voting. The employee may

also inquire with their registrar of voters about the

possibility of voting an absentee ballot.

Staff level guidelines

The Company·s staff level guidelines are intended to be

a map to guide the Company·s professionals to the

career positions of choice.

Each professional has the opportunity to set and

accomplish his or hers own career goals. There will be

opportunities to move from one department or section

to another. Promotions will not come automatically and

must be earned.



~ 56 ~

The Company·s desire is to recognize and award

employees with advancement opportunities. Although,

there may be occasions when personnel through merger

or specialized needs will join us and have already have

met their career objectives. In these types of

circumstances, the Company has its customers in mind

and believes it will provide growth opportunities for all

its employees.

The guidelines are provided for all employees.

Summary

Day to day, the Company calculates the assets of a

company, in doing so, we rarely take the time to

consider our own assets. When we do take the time, we

come to the conclusion that our most important asset is

you, the employees of our Company. The employee

handbook will serve as a guide to rules, policies, and

procedures that will protect you as an employee of theCompany.

Legal Status of this Handbook

The contents of this handbook and the listing of

employee benefits are presented as a matter of

information only. The plans, policies and procedures

described herein are not contractual in nature, nor are

they conditions of employment. Burczak Paving

Company, Inc. reserves the rights to modify, revoke,

suspend, deviate from, terminate or change any or all

such plans, policies or procedures, in whole or in part,



~ 57 ~

at any time, with or without notice. Additionally, the

company reserves the right to implement any changes

in content or application as it deems appropriate and

these changes may be implemented even if they have

not been communicated, reprinted, or substituted in

this handbook. If there is a conflict between the

information contained in this handbook and legal

documents or officially prescribed policy and procedure

documents, the legal and official policy and procedure

documents will prevail. A more detailed summary of

benefits and retirement savings plans are available by

contacting the supervisor to which you report to. Thelanguage, which appears in this handbook, is not

intended to create, nor should it be construed to

constitute, a contract between Burczak Paving

Company, Inc. and anyone or all of its employees.

Additionally, employment with Burczak Paving

Company, Inc. is not for any definite period or

succession of periods. Tennessee is an ´employment-at-

willµ state, meaning that employment andcompensation can be terminated, with or without

cause, and with or without notice, at any time, at the

option of the employee or at the option of the Company.

However, Tennessee employees cannot be disciplined

or discharged at will (1.) Being called into the military

(2.) Voting in elections (3.) Exercising right of

association (4.) Wage garnishment (5.) Filing workers·

compensation or, (6.) Being called to jury duty. No

representative of the Company, other than RUSSELL

BURCZAK, has any authority to enter into agreement

contrary to the foregoing terms; any representations

contrary to the foregoing shall not be binding upon



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Burczak Paving Company, Inc. unless made in writing

and signed by RUSSELL BURCZAK. Any publication,

handbook, policy, procedure, rule, personnel manual, or

regulation is not contractual in nature and is not

intended to modify the at-will employment outlined

herein. There may be situations where the policy or

procedure outlined in this handbook conflicts with a

local, state, or federal law or regulation. In such cases,

the company will observe the applicable law or

regulation.

This version of the employee handbook, revised January8 2009, supersedes and replaces any and all previous

versions.



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