The Back and Neck Relief Center INC dba Massage Revolution
Employee Handbook 2017
Right to Revise
At-Will Employment Status
Equal Employment Opportunity
Part-Time Non-Exempt Employees
Pregnancy Disability Leave
Domestic Violence Leave
Jury Duty and Witness Leave
Military Spouse Leave
Time Off for Voting
Victims of Crime Leave
Volunteer Civil Service Personnel
Paid Family Leave
Bone Marrow and Organ Donation Leave
Use of Electronic Media
Conducting Personal Business
Conflicts of Interest
Dress Code and Other Personal Standards
Drug and Alcohol Abuse
Prohibited Video Recording
Punctuality and Attendance
Overtime for Non-Exempt Employee’s
Payment of Wages
Garnishments and Other Wage Levies
Meal and Rest Periods
Involuntary Termination and Progressive Discipline
Welcome to Massage Revolution!
Consider yourself a messenger spreading the benefits of neuromuscular massage, pain relief massage, and affordable regular treatments with insurance and packages, to help more people live healthier lives. Massage Revolution is a committed leader in advanced, high quality massage, raising the level in its field proving we’re just as good as any doctor or drug for relief. Pride yourself in phenomenal customer service with clients. We welcome you as a member of the “team” and give you some guidelines as to what is expected of you as an employee here at Massage Revolution. When working, you are the main representative to Massage Revolution, so commit yourself to consistently educate and promote our unique benefits: Neuromuscular Massages and that we accept PPO Insurance. However you may view it, ultimately you are the front desk “salesperson” and “promoter” showing how Massage Revolution is unique from every other massage center in town. Your job is to confidently explain why clients should choose us from every other option they have including doing nothing.
We look forward to having you apart of our team!
Welcome! As an employee of Massage Revolution you are an important member of a team effort. We hope that you will find your position rewarding, challenging, and productive.
Because our success depends upon the dedication of our employee’s, we are highly selective in choosing new members of our team. We look to you and the other employee’s to contribute to the success of the Company.
This employee handbook is intended to explain the terms and conditions of employment of all full- and part-time employees in California. This handbook refers to sections where differing regulations apply stating “in accordance with State and Federal regulations”. Please note that not every section applies to every employee. Much depends on the number of employee’s employed by the individual business. Written employment contracts between Massage Revolution and some individuals may supersede some of the provisions of this handbook.
This handbook summarizes the policies and practices in effect at the time of publication. This handbook supersedes all previously issued handbooks and any policy or benefit statements or memoranda that are inconsistent with the policies described here. Your supervisor will be happy to answer any questions you may have.
Right to Revise
This employee handbook contains the employment policies and practices of Massage Revolution in effect at the time of publication. All previously issued handbooks and any inconsistent policy statements or memoranda are superseded.
Massage Revolution reserves the right to revise, modify, delete, or add to any and all policies, procedures, work rules, or benefits stated in this handbook or in any other document, except for the policy of at-will employment. However, any such changes must be in writing and must be signed by the Business Owner.
Any written changes to this handbook will be distributed to all employees so that employee’s will be aware of the new policies or procedures. No oral statements or representations can in any way alter the provisions of this handbook.
This handbook sets forth the entire agreement between you and Massage Revolution as to the duration of employment and the circumstances under which employment may be terminated. Nothing in this employee handbook or in any other human resource-related document, including benefit plan descriptions, creates or is intended to create a promise or representation of continued employment for any employee.
At-Will Employment Status
Massage Revolution personnel are employed on an at-will basis. Employment at-will may be terminated with or without cause and with or without advance notice at any time by the team member or the Company. Nothing in this handbook shall limit the right to terminate at-will employment. No manager, supervisor, or employee of the Company has any authority to enter into an agreement for employment for any specified period of time or to make an agreement for employment on other than at-will terms. Only the Business Owner has the authority to make any such agreement, which is binding only if it is in writing.
Equal Employment Opportunity
The Company is an equal opportunity employer and makes employment decisions on the basis of merit. We want to have the best available persons in every job. Company policy prohibits unlawful discrimination based on race, color, creed, gender (including gender identity and gender expression), religion (all aspects of religious beliefs, observance or practice, including religious dress or grooming practices) marital status, registered domestic partner status, age, national origin (includes language use and possession of a driver’s license issued to persons unable to prove their presence in the United States is authorized under federal law), ancestry, physical or mental disability, medical condition (including cancer or a record or history of cancer, and genetic characteristics), sex (including pregnancy, childbirth, breastfeeding or related medical condition), genetic information, sexual orientation, military and veteran status or any other consideration made unlawful by federal, state, or local laws. It also prohibits unlawful discrimination based on the perception that anyone has any of those characteristics, or is associated with a person who has or is perceived as having any of those characteristics.
Pay discrimination between employees of the opposite sex performing substantially similar work, as defined by the California Fair Pay Act and federal law, is prohibited. Pay differentials may be valid in certain situations defined by law. Employees will not be retaliated against for inquiring about or discussing wages. However, the Company is not obligated to disclose the wages of other employees.
Discrimination can also include failing to reasonably accommodate religious practices or qualified individuals with disabilities where the accommodation does not pose an undue hardship. All such discrimination is unlawful.
The Company is committed to compliance with all applicable laws providing equal employment opportunities. This commitment applies to all persons involved in Company operations. The Company prohibits unlawful discrimination against any job applicant, employee or unpaid intern by any employee of the Company, including supervisors and coworkers.
If you believe you have been subjected to any form of unlawful discrimination, submit a complaint to your supervisor, the individual with day-to-day personnel responsibilities or the Company president. Your complaint should be specific and should include the names of the individuals involved and the names of any witnesses. If you need assistance with your complaint, or if you prefer to make a complaint in person, contact your supervisor. The Company will immediately undertake an effective, thorough, and objective investigation and attempt to resolve the situation. If the Company determines that unlawful discrimination has occurred, effective remedial action will be taken commensurate with the severity of the offense. Appropriate action also will be taken to deter any future discrimination.
To comply with applicable laws ensuring equal employment opportunities to qualified individuals with a disability, the Company will make reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability who is an applicant or an employee unless undue hardship would result.
Any job applicant or employee who requires an accommodation in order to perform the essential functions of the job should contact a Company representative with day-to-day personnel responsibilities and discuss the need for an accommodation. The Company will engage in an interactive process with the employee to identify possible accommodations, if any that will help the applicant or employee perform the job. An applicant, employee or unpaid intern who requires an accommodation of a religious belief or practice (including religious dress and grooming practices, such as religious clothing or hairstyles) should also contact a Company representative with day-to-day personnel responsibilities and discuss the need for an accommodation. If the accommodation is reasonable and will not impose an undue hardship, the Company will make the accommodation.
The Company will not retaliate against you for bringing a complaint of discrimination, participating in the investigation of any complaint or requesting a reasonable accommodation and will not knowingly tolerate or permit retaliation by management, employees or co-workers.
The Company is committed to providing a work environment free of harassment, disrespectful or other unprofessional conduct. Company policy prohibits conduct that is disrespectful, unprofessional as well as harassment based on sex (including pregnancy, childbirth, breastfeeding or related medical conditions), race, religion (including religious dress and grooming practices), color, gender (including gender identity and gender expression), national origin (includes language use and possession of a driver’s license issued to persons unable to prove their presence in the United States is authorized under federal law), ancestry, physical or mental disability, medical condition, genetic information, marital status, registered domestic partner status, age, sexual orientation, military and veteran status or any other basis protected by federal, state or local law or ordinance or regulation. It also prohibits harassment, disrespectful or unprofessional conduct based on the perception that anyone has any of those characteristics, or is associated with a person who has or is perceived as having any of those characteristics. All such conduct violates company policy. The Company’s anti-harassment policy applies to all persons involved in the operation of the Company and prohibits harassment, disrespectful or unprofessional conduct by any employee of the Company, including supervisors and managers, as well as vendors, customers, independent contractors and any other persons. Applicants, employees, unpaid interns, volunteers and independent contractors are all protected from harassment.
Prohibited harassment, disrespectful or unprofessional conduct includes, but is not limited to, the following behavior:
• Verbal conduct such as epithets, derogatory jokes or comments, slurs or unwanted sexual advances, invitations or comments;
• Visual displays such as derogatory and/or sexually-oriented posters, photography, cartoons, drawings or gestures;
• Physical conduct including assault, unwanted touching, intentionally blocking normal movement or interfering with work because of sex, race or any other protected basis;
• Threats and demands to submit to sexual requests as a condition of continued employment, or to avoid some other loss and offers of employment benefits in return for sexual favors;
• Retaliation for reporting or threatening to report harassment; and
• Communication via electronic media of any type that includes any conduct that is prohibited by state and/or federal law, or by company policy.
Sexual harassment does not need to be motivated by sexual desire to be unlawful or to violate this policy. For example, hostile acts toward an employee because of his/her gender can amount to sexual harassment, regardless of whether the treatment is motivated by any sexual desire.
If you believe that you have been the subject of harassment or other prohibited conduct, bring your complaint to your own or any other Company supervisor, the president or the personnel administrator of the Company as soon as possible after the incident. You will be asked to provide details of the incident or incidents, names of individuals involved and names of any witnesses. It would be best to communicate your complaint in writing, but this is not mandatory. Supervisors will refer all complaints involving harassment or other prohibited conduct to the personnel administrator, investigative officer or the president of the Company. The Company will immediately undertake an effective, thorough and objective investigation of the allegations.
If the Company determines that harassment or other prohibited conduct has occurred, effective remedial action will be taken in accordance with the circumstances involved. Any employee determined by the Company to be responsible for harassment or other prohibited conduct will be subject to appropriate disciplinary action, up to, and including termination. A Company representative will advise all parties concerned of the results of the investigation. The Company will not retaliate against you for filing a complaint and will not tolerate or permit retaliation by management, employees or co-workers.
The Company encourages all individuals to report any incidents of harassment or other prohibited conduct forbidden by this policy immediately so that complaints can be quickly and fairly resolved. You also should be aware that the Federal Equal Employment Opportunity Commission and the California Department of Fair Employment and Housing investigate and prosecute complaints of prohibited harassment in employment. If you think you have been harassed or that you have been retaliated against for resisting or complaining, you may file a complaint with the appropriate agency. The nearest office is listed in the telephone book or can be found by visiting the agency websites at www.dfeh.ca.gov and www.eeoc.gov.
Full-Time Non-Exempt Employees
Full-time non-exempt employees are those who are regularly scheduled for and do work 30 or more hours per week. Full-time non-exempt employees are eligible for overtime compensation in accordance with State and Federal regulations.
Part-Time Non-Exempt Employees
Part-time non-exempt employees are those who are normally scheduled to work less than 30 hours per week. Part-time non-exempt employees are eligible for overtime compensation in accordance with State and Federal regulations.
Exempt employees are those whose job assignments meet the Federal and State requirements for overtime exemption. Exempt employees are compensated on a salary basis and are not eligible for overtime pay.
Temporary employees are those who are employed on special projects for short periods of time, or on a “fill-in” basis. These positions are not intended to be part of continuing operations. Temporary employees are not eligible for benefits. Temporary employees are eligible for overtime compensation in accordance with State and Federal regulations.
Employees who are on any type of leave of absence, work-related or non-work-related, that exceeds any protected State or Federal leave of absence will be placed on inactive status.
The first 90 days of continuous employment at Massage Revolution is considered an introductory period. During this time you will learn your responsibilities, get acquainted with fellow team members, and determine whether or not you are happy with your job. Your supervisor will closely monitor your performance.
Completion of the introductory period does not entitle you to remain employed by Massage Revolution for any definite period of time, but rather allows both you and the Company to evaluate whether or not you are right for the position.
Leaves of Absence
Massage Revolution will grant family and medical leave in accordance with the requirements of applicable State and Federal law in effect at the time the leave is granted. No greater or lesser leave benefits will be granted than those set forth in the relevant State or Federal laws. In certain situations, the federal law requires that provisions of State law apply. In any case, employee will be eligible for the most generous benefits available under either law.
Please contact your Supervisor as soon as you become aware of the need for a family and medical leave. The following is a summary of the relevant provisions.
State and Federal family and medical leave laws provide up to 12 workweeks of unpaid family/medical leave within a 12-month period, under the following conditions:
The employee has more than 12 months of service;
The employee has worked at least 1,250 hours during the previous 12-month period before the need for leave; and
The employee is employed at a work site where there are 50 or more employees within a 75-mile radius.
Eligible employees may receive up to a total of twelve workweeks of unpaid leave during a twelve-month period. A twelve-month period begins on the date of the employee’s first use of federal family and medical leave. Successive twelve-month periods commence on the date of an employee’s first use of family and medical leave after the preceding twelve-month period has ended.
Leave may be taken for one or more of the following reasons:
The birth of the employee’s child, or placement of a child with the employee for adoption or foster care;
To care for the employee’s spouse, registered domestic partner, child, or parent who has a serious health condition;
For a serious health condition that makes the employee unable to perform his or her job;
For any “qualifying exigency” (to be defined by federal regulation) because the employee is the spouse, son, daughter, or parent of an individual on active military duty (or has been notified of an impending call or order to active duty) in the Armed Forces in support of a contingency operation; or
An employee who is the spouse, son, daughter, parent, or next of kin of a covered service member shall be entitled to a total of 26 workweeks of leave during a 12-month period to care for the service member.
Certain restrictions on these benefits may apply.
If you need family and medical leave, you may be required to provide:
Thirty-day advance notice when the need for the leave is foreseeable;
At least two-business-day advance notice that a spouse will be on leave from deployment, with certifying documentation;
Medical certification from a health care provider (both prior to the leave and prior to reinstatement) within fifteen (15) days of request;
Periodic reports during the leave.
When leave is needed to care for an immediate family member or your own serious health condition, and is for planned medical treatment, you must try to schedule treatment so as not to unduly disrupt Massage Revolution operations.
Under most circumstances, upon return from family and medical leave, you will be reinstated to your previous position, or to an equivalent job with equivalent pay, benefits, and other employment terms and conditions. However, upon return from a family and medical leave, you have no greater right to reinstatement than if you had been continuously employed rather than on leave. For example, if you would have been laid off had you not gone on family and medical leave, or if your position has been eliminated during the leave, then you will not be entitled to reinstatement.
If you are returning from family and medical leave taken for your own serious health condition, but you are unable to perform the essential functions of your job because of a physical or mental disability, Massage Revolution will attempt to accommodate you. Your use of family and medical leave will not result in the loss of any employment benefit that you earned or were entitled to before using family and medical leave.
It is unlawful for the Company to interfere with, restrain, or deny the exercise of any right provided by State or Federal family and medical leave law. It is also unlawful for Massage Revolution to refuse to hire or to discharge or discriminate against any individual for being involved in any proceedings related to family and medical leave.
Pregnancy Disability Leave
Massage Revolution will grant pregnancy disability leave in accordance with the requirements of applicable State and Federal law in effect at the time the leave is granted. Pregnancy, childbirth, or related medical conditions will be treated like any other disability, and an employee on leave will be eligible for temporary disability benefits in the same amount and degree as any other employee on leave.
Any employee planning to take pregnancy disability leave should advise their supervisor as early as possible. The individual should inform Management and contact Human Resources (if necessary) to discuss the following conditions:
- Employee who needs to take pregnancy disability must inform Massage Revolution when a leave is expected to begin and how long it will likely last. If the need for a leave or transfer is foreseeable, employee must provide notification at least 30 days before the pregnancy disability leave or transfer is to begin. Employee must consult with their supervisor regarding the scheduling of any planned medical treatment or supervision in order to minimize disruption to the operations of the Company. Any such scheduling is subject to the approval of the employee’s health care provider;
- If 30 days’ advance notice is not possible, notice must be given as soon as practical;
- Upon the request of an Employee and recommendation of the Employee’s physician, the Employee’s work assignment may be changed if necessary to protect the health and safety of the team member and her child;
- Requests for transfers of job duties will be reasonably accommodated if the job and security rights of others are not breached;
- Temporary transfers due to health considerations will be granted when possible. However, the transferred Employee will receive the pay that accompanies the job, as is the case with any other temporary transfer due to temporary health reasons;
- Pregnancy leave usually begins when ordered by the Employee’s physician. The Employee must provide Massage Revolution with a certification from a health care provider. The certification indicating disability should contain:
- The date on which the Employee became disabled due to pregnancy;
- The probable duration of the period or periods of disability; and
- A statement that, due to the disability, the Employee is unable to perform one or more of the essential functions of her position without undue risk to herself, the successful completion of her pregnancy, or to other persons.
- Leave returns will be allowed only when the Employee’s physician sends a release;
- Duration of the leave will be determined by the advice of the Employee’s physician, but Employee’s disabled by pregnancy may take up to four months. Part-time Employee’s are entitled to leave on a pro rata basis. The four months of leave includes any period of time for actual disability caused by the Employee’s pregnancy, childbirth, or related medical condition. This includes leave for severe morning sickness and for prenatal care.
Leave does not need to be taken in one continuous period of time and may be taken intermittently, as needed. Under most circumstances, upon submission of a medical certification that an Employee is able to return to work from a pregnancy disability leave, an Employee will be reinstated to her same position held at the time the leave began or to an equivalent position, if available. An Employee returning from a pregnancy disability leave has no greater right to reinstatement than if the Employee had been continuously employed.
Domestic Violence Leave
Massage Revolution will grant domestic violence leave in accordance with the requirements of applicable State and Federal law in effect at the time the leave is granted. California Employee’s who are victims of domestic violence may be eligible for unpaid leave. You may request leave if you are involved in a judicial action, such as obtaining restraining orders, or appearing in court to obtain relief to ensure your health, safety, or welfare, or that of your child.
You should provide notice and certification of your need to take leave under this policy. Certification may be sufficiently provided by any of the following:
- A police report indicating that the Employee was a victim of domestic violence;
- A court order protecting or separating the Employee from the perpetrator of an act of domestic violence, or other evidence from the court or prosecuting attorney that the Employee appeared in court; or
- Documentation from a medical professional, domestic violence advocate, health-care provider, or counselor that the Employee was undergoing treatment for physical or mental injuries or abuse resulting in victimization from an act of domestic violence.
Massage Revolution will, to the extent allowed by law, maintain the confidentiality of an Employee requesting leave under this provision.
The length of unpaid leave an employee may take is limited to 12 weeks provided for in the Federal Family and Medical Leave Act.
Jury Duty and Witness Leave
Massage Revolution will grant jury duty and witness leave in accordance with the requirements of applicable State and Federal law in effect at the time the leave is granted, however such time off is unpaid. You should notify your supervisor of the need for time off for jury duty as soon as a notice or summons from the court is received. You may be requested to provide written verification from the court clerk of performance of jury service.
Massage Revolution will grant Military Leave in accordance with the requirements of applicable State and Federal law in effect at the time the leave is granted. Massage Revolution will make adjustments to your pay considering your military service in accordance with applicable State and Federal laws. You are afforded reemployment rights and retain full seniority benefits for all prior service upon reemployment in accordance with the Uniformed Services Employment and Reemployment Rights Act. You need to provide your military service orders to your Supervisor for review prior to commencement of the leave.
The Uniformed Services Employment and Re-employment Rights Act (USERRA) mandates that while an individual is performing military service for the United States, he/she is deemed to be on a furlough or leave of absence and is entitled to the rights accorded other employees on non-military leaves of absence. Under USERRA, Employee’s are allowed, but not required, to use accrued vacation while performing military duty. Employee’s performing military duty of more than 30 days may elect to continue employer-sponsored health insurance for up to 24 months. For military service of less than 31 days, health insurance coverage is provided as if the Employee had remained employed.
Any Employee called to active military duty must provide a copy of his/her service orders to his/her Supervisor for review prior to commencement of the leave.
Returning service members must be re-employed in the job that they would have retained had they not been absent for military service, with the same seniority, status and pay, as well as other rights and benefits determined by seniority.
The period within which an Employee must apply for reinstatement is based upon the length of military service. If the service was less than 31 days, the Employee must return on the next regularly scheduled workday after release from service (taking into account travel time and a minimum of eight hours rest time). If the service was more than 30 days but less than 181 days, the Employee must submit an application for re-employment within 14 days of release from service. For a service longer than 180 days, the Employee must submit an application for re-employment within 90 days of release from service.
Military Spouse Leave
In accordance with State and Federal regulations, Employee’s who work more than 20 hours per week and have a spouse in the U.S. Armed Forces, National Guard or Reserves who has been deployed during a period of military conflict, are eligible for up to 10 unpaid days off when their spouse is on leave from military deployment. Employees must request this leave in writing to Human Resources within two business days of receiving official notice that their spouse will be on leave. Employees on this leave are required to attach to the leave request written documentation certifying the spouse will be on leave from deployment.
Leave without pay for up to 10 days per year is provided to eligible spouses of a “qualified member” of the military. The leave may be taken while the military spouse is on leave from deployment during a time of military conflict. To be eligible, you must work an average of 20 or more hours per week. A “qualified member” is a member of the U.S. Armed Forces who has been deployed during a period of military conflict to an area designated as a combat theater or combat zone by the President of the United States, or a member of the National Guard or Reserves who has been deployed anywhere during a military conflict.
Massage Revolution will grant bereavement leave in accordance with the requirements of applicable State and Federal law in effect at the time the leave is granted. An Employee with such a death in the family may take up to two consecutive scheduled workdays off without pay with the approval of the Company. The employee’s supervisor may approve additional unpaid time off.
In accordance with State regulations, employees are eligible to participate in the school activities of their child(ren). The absence is subject to all of the following conditions:
- Parents, guardians, or grandparents having custody of one or more children in kindergarten or grades one to 12 may take time off for a school activity;
- The time off for school activity participation cannot exceed eight hours in any calendar month, or a total of 40 hours each school year;
- Employee’s planning to take time off for school visitations must provide as much advance notice as possible to their supervisor;
- If both parents are employed by Massage Revolution, the first employee to request such leave will receive the time off. The other parent will receive the time off only if the leave is approved by his or her supervisor;
- Employee’s who do not have paid time off available will take the time off without pay, and
- Employees must provide their supervisor with documentation from the school verifying that the employee participated in a school activity on the day of the absence for that purpose.
Time Off for Voting
If an employee does not have sufficient time outside of working hours to vote in an official state-sanctioned election, the employee may take off enough working time to vote. Such time off shall be taken at the beginning or the end of the regular working shift, whichever allows for more free time, and the time taken off shall be combined with the voting time available outside of working hours to a maximum of two hours combined. Under these circumstances, an employee will be allowed a maximum of two hours of time off during an election day without loss of pay. When possible, an employee requesting time off to vote shall give his or her supervisor at least two days notice.
Victims of Crime Leave
Massage Revolution will grant victims of crime leave in accordance with the requirements of applicable State and Federal law in effect at the time the leave is granted. California employee’s who are a victim or who is the family member of a victim of a violent felony or serious felony may take time off from work under the following circumstances:
- The crime must be a violent or serious felony, as defined by law; and
- You must be the victim of a crime, or you must be an immediate family member of a victim, a registered domestic partner of a victim, or the child of a registered domestic partner of a victim.
An immediate family member is defined as: a spouse, child, stepchild, brother, stepbrother, sister, stepsister, mother, stepmother, father or stepfather.
A registered domestic partner means a domestic partner who is registered in accordance with California State law.
The absence from work must be in order to attend judicial proceedings related to a crime listed above.
Before you are absent for such a reason, you must provide documentation of the scheduled proceeding. Such notice is typically given to the victim of the crime by a court or government agency setting the hearing, a district attorney or prosecuting attorney’s office or a victim/witness office.
If advance notice is not possible, you must provide appropriate documentation within a reasonable time after the absence.
Any absence from work to attend judicial proceedings will be unpaid.
Volunteer Civil Service Personnel
No employee shall be disciplined for taking time off to perform emergency duty as a volunteer firefighter, peace officer, or emergency rescue personnel. You are also eligible for unpaid leave for required training. If you are an official volunteer firefighter, please alert your supervisor that you may have to take time off for emergency duty. When taking time off for emergency duty, please alert your supervisor before doing so when possible.
Paid Family Leave
California employees may be eligible for Paid Family Leave (PFL) wage replacement benefits, which are funded through payroll deductions and coordinated through the Employment Development Department. PFL provides limited compensation for up to six weeks after an unpaid, seven-day waiting period when an employee needs to take leave from work to care for a parent, child, spouse or registered domestic partner who is seriously ill, or for a working parent who wants time to bond with his or her newborn, foster child or newly adopted child. The PFL program does not provide employees with a right to a leave of absence; it is limited to a state-mandated wage replacement benefit.
Bone Marrow and Organ Donation Leave
Massage Revolution will grant bone marrow and organ donation leave in accordance with the requirements of applicable State and Federal law in effect at the time the leave is granted. California employees who donate an organ are entitled to paid leave time not exceeding thirty (30) days in any one-year period, for the purpose of donating his or her organ to another person. Similarly, a California employee who donates his or her bone marrow to another person will be entitled to paid leave time not exceeding five (5) days in any one-year period.
Employees must apply their available paid time off to the leave, and will be entitled to reinstatement to the same or similar position. Before you are absent for such a reason, you must provide documentation supporting this leave request to Ownership.
Effective July 1, 2015, Sick Leave will be available to all employees. Employees begin accruing paid sick leave at the commencement of employment. Sick leave is accrued at the rate of one (1) hour per every 30 hours worked, up to a maximum of 48 hours. Employees are limited to using only 24 hours of Sick Leave in a calendar year. Any balance of unused sick leave may be carried over to the next year until the maximum balance of 48 hours of sick leave is accrued.
Employees may begin using accrued sick leave after completing 90 days of employment. If the need for paid sick leave is foreseeable, the employee shall provide reasonable advance notification. If the need for paid sick leave is unforeseeable, the employee shall provide notice of the need for the leave as soon as practicable.
Employees may use sick leave in minimum increments of two (2) hours. Unused sick leave will not be paid out upon termination.
Massage Revolution observes the following four (4) holidays:
New Year’s Day
4th of July
Each California employee contributes through payroll tax to California’s state disability insurance programs. Disability insurance is mandated by the California Unemployment Insurance Code and administered by the Employment Development Department. Disability insurance is payable when you cannot work because of illness or injury not caused by employment at the Company. An additional tax funds the State’s Paid Family Leave program, and provides partial wage replacement for absences related to care of a family member, or bonding with a new child. Specific rules and regulations governing disability are available from Human Resources.
Massage Revolution contributes to the various State Unemployment Insurance Funds on behalf of its employees.
Social Security is an important part of every employee’s retirement benefit. Massage Revolution pays a matching contribution to each employee’s Social Security taxes.
You are protected by the Company’s workers’ compensation insurance policy while employed by Massage Revolution, at no cost to you. The policy covers you in case of a work-related injury or illness.
Names and Addresses
Massage Revolution is required by law to keep current all employees names and addresses. Employees are responsible for notifying the Company in the event of a name or address change.
Suggestions for improving Massage Revolution are always welcome. At some time, you may have a complaint, suggestion, or question about your job, your working conditions, or the treatment you are receiving. Your good-faith complaints, questions, and suggestions also are of concern to the Company. We ask you to first discuss your concerns with your supervisor, following these steps:
- Within a week of the occurrence, bring the situation to the attention of your immediate supervisor, who will then investigate and provide a solution or explanation.
- If the problem persists, you may describe it in writing and present it to Ownership.
This procedure, which we believe is important for both you and the Company, cannot guarantee that every problem will be resolved to your satisfaction. However, Massage Revolution values your observations and you should feel free to raise issues of concern, in good faith, without the fear of retaliation.
Supervisors and employees are strongly encouraged to discuss job performance and goals on an informal, day-to-day basis. A formal evaluation will be conducted at least once per year by your supervisor. These evaluations will be conducted to provide both supervisor and employee the opportunity to discuss job tasks, identify and correct weaknesses, encourage and recognize strengths, and discuss positive, purposeful approaches for meeting goals.
You have a right to inspect certain documents in your personnel file, as provided by law, in the presence of a Company representative at a mutually convenient time. No copies of documents in your file may be made, with the exception of documents that you have previously signed.
Massage Revolution will restrict disclosure of your personnel file to authorized individuals within the Company. Any request for information contained in personnel files must be directed to Ownership. Only Ownership is authorized to release information about current or former employees. Disclosure of personnel information to outside sources will be limited. However, Massage Revolution will cooperate with requests from authorized law enforcement or local, State, or Federal agencies conducting official investigations and as otherwise legally required.
All Massage Revolution property including instruments, lockers, desks, storage areas, work areas, file cabinets, computer systems, office telephones, cell phones, fax machines, and duplicating machines must be used properly and maintained in good working order.
Massage Revolution reserves the right, at all times and without prior notice, to inspect and search any and all of its property for the purpose of determining whether this policy or any other policy of the Company has been violated, or when an inspection and investigation is necessary for purposes of promoting safety in the workplace or compliance with state and federal laws. These inspections may be conducted during or after business hours and in the presence or absence of the team member.
Lost, stolen, abused or damaged company-owned equipment, tools and inventory will be the responsibility of the Employee. The Company has the right to recoup monetary damages for all lost, stolen, abused or damaged items from responsible parties.
Employees have no right of privacy as to any information or file maintained in or on company property or transmitted through the Company. For purposes of inspecting, investigating, or searching employees files or documents, the Company may override any applicable passwords, codes, or locks in accordance with the best interests of Massage Revolution, its employees or its guests or visitors. All bills and other documentation related to the use of company equipment or property are the property of Massage Revolution and may be reviewed and used for purposes that the Company considers appropriate.
Employees may access only files or documents that they have permission to enter. Unauthorized review, duplication, dissemination, removal, damage, or alteration of files, or other property of Massage Revolution or improper use of information obtained by unauthorized means, may be grounds for disciplinary action, up to and including discharge.
Employees should not bring valuables to work. If necessary to do so, all valuables should be kept in a secure location. Massage Revolution assumes no responsibility for the loss, theft, or damage of employees’ personal property.
While you are at work, you are expected to perform your job duties and responsibilities. Personal calls, both incoming and outgoing are for emergencies only and must not interfere with your duties and responsibilities or Massage Revolution policies. As such, personal cell phones are not to be used during working hours. Abuse of telephone calls may result in disciplinary action. This also applies to text messaging and the use of instant messaging.
Employees are expected to obey all smoking regulations as required by the State of California. Smoking is only permitted in designated areas. An Employee who violates this policy may be subject to disciplinary action up to and including termination.
Use of Electronic Media
Massage Revolution’s technical resources including desktop and portable computer systems, fax machines, internet access, voice mail, and electronic mail (e-mail) enable employees to quickly and efficiently access and exchange information throughout the Company and around the world. When used properly, we believe these resources greatly enhance employee productivity and knowledge. In many respects, these new tools are similar to other company tools, such as stationery, file cabinets, photocopiers, and telephones. Because these technologies are both new and rapidly changing, it is important to explain how they fit within the Company and within your responsibilities as an employee.
This policy applies to all technical resources that are owned or leased by Massage Revolution that are used on or accessed from company premises, or that are used on company business. This policy also applies to all activities using any Massage Revolution-paid accounts, subscriptions, or other technical services, such as Internet access, voice mail, and e-mail, whether or not the activities are conducted from company premises.
Massage Revolution’s technical resources are provided for the benefit of the company and its guests, vendors, and suppliers. These resources are provided for use in the pursuit of Massage Revolution business and are to be reviewed, monitored, and used only in that pursuit, except as otherwise provided in this policy.
Employee’s have no right of privacy as to any information or file maintained in or on company property or transmitted or stored through the company’s computer, voice mail, e-mail, or telephone systems.
Sending, saving, or viewing offensive material is prohibited. Messages stored and/or transmitted by computer, voice mail, e-mail, or telephone systems must not contain content that may reasonably be considered offensive to any team member. Offensive material includes, but is not limited to, sexual comments, jokes or images, racial slurs, gender-specific comments, or any comments, jokes or images that would offend someone on the basis of race, religion, color, sex, gender identity, sexual orientation, national origin, ancestry, citizenship status, uniform service member status, marital status, pregnancy, age, a diagnosis or history of cancer, disability, genetic characteristics or any other category protected by applicable federal, state, or local laws. Any use of the Internet to harass or discriminate is unlawful and prohibited by Massage Revolution. Downloading of any software not authorized by Massage Revolution is prohibited. Violators of this policy will be subject to disciplinary action, up to and including discharge.
Personal visitors are not allowed on the premises at any time.
Employees are required to park in designated areas only. Your supervisor will notify you of the parking requirements.
Bulletin boards are provided to display official company business only. Please make it a point to review the bulletin boards periodically to keep informed about what is going in the company.
Team Member Conduct
Business Conduct and Ethics
The successful business operation and reputation of Massage Revolution is built upon the principles of fair dealing and ethical conduct of our Employee’s. Our reputation for integrity and excellence requires careful observance of the spirit and letter of all applicable laws and regulations, as well as regard for the highest standards of conduct and personal integrity. Massage Revolution will comply with all applicable laws and regulations and expects its directors, officers, and employee’s to conduct business accordingly.
The continued success of Massage Revolution is dependent upon our guest’s trust and we are dedicated to preserving that trust. Employees owe a duty to the Company and its guests to act in a way that will merit the continued trust and confidence of the public.
Customers are among our organization’s most valuable assets. Every single employee represents Massage Revolution to our guests, vendors, and the public. The way we do our jobs project an image of our entire organization. Our first business priority is to assist any guest or potential guest. Nothing is more important than being courteous, friendly, helpful, and prompt in the attention you give guests.
The use of good judgment, based on high ethical principles, will guide you with respect to lines of acceptable conduct. If a situation arises where it is difficult to determine the proper course of action, the matter should be discussed openly with your supervisor, and if necessary, Ownership for advice and consultation.
Conducting Personal Business
Employees are to conduct only Massage Revolution business while at work. Employees may not conduct personal business or business for another employer during their scheduled working hours. Soliciting guests for non-Massage Revolution related business is strictly prohibited.
Each Employee is responsible for safeguarding the confidential information obtained during employment.
In the course of your work, you may have access to confidential information regarding Massage Revolution, its suppliers, its guests, or perhaps even fellow employees. This applies especially to our guests. Comments about our guest’s privacy issues are strictly prohibited. You have a responsibility to prevent revealing or divulging any such information unless it is necessary for you to do so in the performance of your duties. Access to confidential information should be on a “need-to-know” basis and must be authorized by your supervisor. Any breach of this policy will not be tolerated and legal action may be taken by the Company.
Conflicts of Interest
All Employees must avoid situations involving actual or potential conflict of interest. This includes: soliciting Massage Revolution guests for service outside of the Massage Revolution; providing services or products to friends, relatives, or other employees free or at a discounted rate without the prior approval of management; or engaging in any behavior that is in conflict with the business and interests of the Massage Revolution. If a situation arises when you are uncertain if there may be a conflict of interest, the matter should be discussed openly with management or Ownership.
An Employee involved in any of the types of relationships or situations described in this policy should immediately and fully disclose the relevant circumstances to his or her immediate supervisor, or any other appropriate supervisor, for a determination about whether a potential or actual conflict exists. If an actual or potential conflict is determined, Massage Revolution may take whatever corrective action appears appropriate according to the circumstances. Failure to disclose facts to the Owner shall constitute grounds for disciplinary action.
Dress Code and Other Personal Standards
All Employees are required to wear appropriate business casual attire.
Employees who are inappropriately dressed or groomed may be sent home. Such employees will not be compensated for time away from work. Further, refusal to comply with company policy may be grounds for disciplinary action, up to and including discharge.
Drug and Alcohol Abuse
Massage Revolution is concerned about the use of alcohol, illegal drugs, or controlled substances as it affects the workplace. Use of these substances, whether on or off the job can detract from an Employee’s work performance, efficiency, safety, and health, and therefore seriously impair the Employee’s value to the Company. In addition, the use or possession of these substances on the job constitutes a potential danger to the welfare and safety of other Employee’s and exposes the Company to the risks of property loss or damage, or injury to other persons.
Furthermore, the use of prescription drugs and/or over-the-counter drugs also may affect an Employees job performance and may seriously impair the employee’s value to the Company.
The following rules and standards of conduct apply to all Employees either on Company property or during the workday (including meals and rest periods). Behavior that violates Company policy includes:
- Possession or use of an illegal or controlled substance, or being under the influence of an illegal or controlled substance while on the job;
- Distribution, sale, or purchase of an illegal or controlled substance while on the job.
Violation of these rules and standards of conduct will not be tolerated. Massage Revolution also may bring the matter to the attention of appropriate law enforcement authorities.
In order to enforce this policy, Massage Revolution reserves the right to conduct searches of Company property or Employee’s and/or their personal property, and to implement other measures necessary to deter and detect abuse of this policy.
A Employee’s conviction on a charge of illegal sale or possession of any controlled substance while off Company property will not be tolerated because such conduct, even though off duty, reflects adversely on Massage Revolution. In addition, the Company must keep people who sell or possess controlled substances off Company premises in order to keep the controlled substances themselves off the premises.
Any Employee who is using prescription or over-the-counter drugs that may impair the Employee’s ability to safely perform the job, or affect the safety or well-being of others, must notify a supervisor of such use immediately before starting or resuming work.
Massage Revolution will encourage and reasonably accommodate Employee’s with alcohol or drug dependencies to seek treatment and/or rehabilitation. Employee desiring such assistance should request a treatment or rehabilitation leave. The Company is not obligated, however, to continue to employ any person whose performance of essential job duties is impaired because of drug or alcohol use, nor is the Company obligated to re-employ any person who has participated in treatment and/or rehabilitation if that person’s job performance remains impaired as a result of dependency. Additionally, Employee’s who are given the opportunity to seek treatment and/or rehabilitation, but fail to successfully overcome their dependency or problem, will not automatically be given a second opportunity to seek treatment and/or rehabilitation. This policy on treatment and rehabilitation is not intended to affect the Company’s treatment of Employees who violate the regulations described previously. Rather, rehabilitation is an option for an Employee who acknowledges a chemical dependency and voluntarily seeks treatment to end that dependency.
While Massage Revolution does not seek to interfere with the off-duty and personal conduct of its employees, certain types of off-duty conduct may interfere with the Company’s legitimate business interests. For this reason, employees are expected to conduct their personal affairs in a manner that does not adversely affect the Company’s or their own integrity, reputation or credibility. Illegal or immoral off-duty conduct by an employee that adversely affects the Company’s legitimate business interests or the Employee’s ability to perform his or her job will not be tolerated.
Prohibited Video Recording
Massage Revolution prohibits the use of recording devices in any area of the work area. Employees should not bring video recording equipment (including cell phones with cameras) into the work area.
Surveillance Video Recording
To insure the safety of our guests, employees, and property, video surveillance equipment has been installed at our facility. Video surveillance equipment is not intended to be offensive nor should its presence be interpreted as anything other than a business decision made for security reasons to protect company interests.
Phone Call Recording
Massage Revolution, with the consent of both client and employee, may record or monitor business calls for record keeping, training, and quality control.
In order to assure orderly operations and provide the best possible work environment, Massage Revolution expects employees to follow rules of conduct that will protect the interests and safety of personnel. It is not possible to list all the forms of behavior that are considered unacceptable in the workplace, but the following are examples of infractions of rules of conduct that may result in disciplinary action, including suspension, demotion, or termination of employment.
– Calling off without reasonable notice
– Falsifying records
– Recording another employee’s work time
– Theft or careless/deliberate damage of property
– Removing property without authorization
– Making comments about guest’s private issues
– Unauthorized use of equipment or facilities
– Working under the influence or alcohol
– Possession, sale or transfer of alcohol or drugs
– Provoking a fight during work hours or on-site
– Horseplay during work hours or on-site
– Carrying firearms or weapons on-site
– Engaging in criminal conduct
– Creating a disturbance during work hours or on-site
– Profane or abusive language during work hours or on-site
– Failure to notify of inability to work
– Any unreported absence
– Failure to obtain permission to leave work during work hours
– Failure to observe working schedules
– Abuse of sick leave
– Failure to provide required physician’s certificate
– Sleeping on the job
– Making or accepting excessive personal phone calls
– Working unauthorized overtime or refusing assigned overtime
– Extreme or inappropriate dress or hairstyle during work hours
– Violation of health, safety or security procedures
– Any fraudulent act or breach of trust
Punctuality and Attendance
Massage Revolution expects you to report to work on a reliable and punctual basis. Absenteeism, early departures from work, and late arrivals burden your fellow employee’s and the Company. If you cannot avoid being late to work or are unable to work as scheduled, you must call your Supervisor as soon as possible.
Excessive absenteeism may lead to corrective action, up to and including termination of employment. Continuing patterns of absences, early departures, or tardiness regardless of the exact number of days may warrant disciplinary action up to and including dismissal.
If you fail to report for work without any notification to your Supervisor, you may be considered to have abandoned your employment.
While employed by Massage Revolution, employees are expected to devote their energies to their jobs with the Company
Employment that directly conflicts with the Company’s essential business interests and disrupts business operations is strictly prohibited.
Employees who wish to engage in additional employment that may create a real conflict of interest must submit a written request to the Company explaining the details of the additional employment. If the additional employment is authorized, Massage Revolution assumes no responsibility for it. Massage Revolution shall not provide workers’ compensation coverage or any other benefit for injuries occurring from or arising out of additional employment.
Should an employee be found to be working in a position that is perceived to be a conflict of interest with the business of Massage Revolution, employment will be terminated immediately. Authorization to engage in additional employment can be revoked at any time.
All non-exempt employees are required to record their hours worked for payroll purposes. Employees must record their own time at the start and at the end of each work period, including before and after the lunch break. Employees are to clock in no sooner than (5) minutes prior to the start of their shift or more than (5) minutes after the end of your shift – unless approved by Owner or Supervisor. Employees also must record their time whenever they leave work for any reason other than Massage Revolution business. If you have to leave for reason before the end of your shift, you must notify a manager.
Overtime for Non-Exempt Team Members
Employees may be required to work overtime as necessary. Only actual hours worked in a given workday or workweek can apply in calculating overtime. All overtime work must be previously authorized by a Supervisor. Massage Revolution provides compensation for all overtime hours worked by non-exempt team members in accordance with State and Federal law as follows:
Payment of Wages
The workweek begins at 12:01 a.m. Monday and ends at midnight on Sunday. All employees of Massage Revolution are paid every other Friday for the previous two weeks. If a regular payday falls on a holiday, employees will be paid on the preceding workday.
Garnishments and Other Wage Levies
You are urged to settle your debts without involving the company. Although we understand that a wage garnishment can happen to anyone, we strongly encourage you to work out your financial problems before this situation occurs. Garnishments cause considerable paperwork for the company.
In the case of garnishment, attachment or judgment, you will be notified immediately so that you will have the opportunity to make a settlement and obtain a release from the demand. If you are unable to reach a settlement and obtain a release, the Company is required by law to withhold a specific amount of your earnings for transmittal to your creditor.
Meal and Rest Periods
All regular full-time employees are provided with a thirty (30) to sixty (60) minute unpaid meal period each workday during which they will be relieved of all active responsibilities and duties. It is the employee’s responsibility to clock in and out for meal periods each workday. Employees are also provided a 10-minute break for every 4 hours of work or major portion thereof. Employees may also waive their breaks as per the agreement outlined on the Meal Break Waiver Form.
Employees must participate in the full term of the contest to be eligible for the payout and you must be an active employee at the time of the payout.
Employees are required to attend at least one team meeting per month. If an employee can not attend a team meeting, they must notify their center manager in writing at least (1) day before the meeting.
Safety and Health
Health and Safety
The health and safety of employees and others on company or customer property are of critical concern to Massage Revolution. We strive to attain the highest possible level of safety in all activities and operations. The Company will comply with all health and safety laws applicable to our business and employees are required to follow our customer’s safety practices while on site. Additionally, Massage Revolution has developed a written Injury and Illness Prevention Program. It is your responsibility to observe the Injury and Illness Prevention Program provisions applicable to your job.
Towards this end, Massage Revolution must rely upon employees to ensure that work areas are kept safe and free of hazardous conditions. Employees should be conscientious about workplace safety, including proper operating methods and known dangerous conditions or hazards. You should report any unsafe conditions or potential hazards to the Center Manager immediately even if you believe you have corrected the problem.
Any workplace injury, accident, or illness must be reported to the Center Manager as soon as possible, regardless of the severity of the injury or accident. If medical attention is required immediately, a Supervisor will assist employees in obtaining medical care, after which the details of the injury or accident must be reported.
Owing to the importance of hygiene to the welfare of our business and customers, we encourage staff to regularly wash and sanitize their hands and their work area. Because it is critical to our business, please be conscious regarding the use of perfume, your breath, smoking, and other potentially offensive odors.
In an effort to minimize individual liability, all requests for references must be directed to Ownership. No other manager, supervisor, or employee is authorized to release references for current or former employees.
By policy, Massage Revolution discloses only the dates of employment and the title of the last position held of former employees. If you authorize the disclosure in writing, Massage Revolution also will inform prospective employers of the amount of salary or wage you last earned.
Involuntary Termination and Progressive Discipline
Violation of Massage Revolution policies and rules may warrant disciplinary action. The Company has established a system of progressive discipline that includes verbal warnings, written warnings, and suspension. The system is not formal and Massage Revolution may, in its sole discretion, utilize whatever form of discipline is deemed appropriate under the circumstances, up to, and including, termination of employment. The Company’s policy of progressive discipline in no way limits or alters the at-will employment relationship.
Voluntary resignation results when an employee voluntarily quits his or her employment at Massage Revolution, or fails to report to work without notice to, or approval by, his or her supervisor. All Company-owned property, including keys, uniforms, identification badges, and credit cards, must be returned immediately upon termination of employment.
Confirmation of Receipt
Confirmation of Receipt
I have received my copy of the Massage Revolution Employee Handbook. I understand and agree that it is my responsibility to read and familiarize myself with the policies and procedures contained in the handbook.
I understand that except for employment at-will status, any and all policies or practices can be changed at any time by the Company. Massage Revolution reserves the right to change my hours, wages, and working conditions at any time. I understand and agree that other than the Business Owner, no manager, supervisor, or representative of the Company has authority to enter into any agreement, express or implied, for employment for any specific period of time, or to make any agreement for employment other than at-will; only the Owner has the authority to make any such agreement and then only in writing, signed by the Owner.
I understand and agree that nothing in the Handbook creates or is intended to create a promise or representation of continued employment and that employment at Massage Revolution is employment at-will; employment may be terminated at the will of either the Company or myself. My signature certifies that I understand that the foregoing agreement on at-will status is the sole and entire agreement between Massage Revolution and myself concerning the duration of my employment and the circumstances under which my employment may be terminated. It supersedes all prior agreements, understandings, and representations concerning my employment with Massage Revolution.
Employee’s Signature _________________________________________________
Employee’s Printed Name ______________________________________________
An electronic version of this handbook is available to all employees at: