LiveTiles (Policy and Procedures) Flashcards

Understanding both the policies and procedures of the company, and policies used in HR.

1
Q

NLRA

A

Also cited National Labor Relations Act or the Act; 29 U.S.C. §§ 151-169

[Title 29, Chapter 7, Subchapter II, United States Code]

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2
Q

Who authorizes employment at LiveTiles?

A

NO REPRESENTATIVE OR AGENT OF THE EMPLOYER, OTHER THAN THE CHIEF EXECUTIVE OFFICER AND THE PEOPLE & EXPERIENCE VICE PRESIDENT, CAN AUTHORIZE OR SIGN AN EMPLOYMENT AGREEMENT CONTRARY TO THE ABOVE TERMS OR OTHERWISE MAKE ANY BINDING OFFER OF EMPLOYMENT FOR A SPECIFIC TERM.

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3
Q

Anti-discrimination Laws

A

Title VII of the Civil Rights Act of 1964

prohibits discrimination in employment on the basis of race, color, sex, or ethnic origin; the Age Discrimination in Employment Act (ADEA) prohibits discrimination against employees 40 years and older; and the Americans with Disabilities Act (ADA) prohibits discrimination in employment on the basis of disabilities and requires that employers reasonably accommodate individuals with disabilities who can otherwise perform a job. As with other labor standards, independent contractors generally would not be covered by anti-discrimination laws.

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4
Q

Ways around anti-discrimination laws?

A

It is often alleged that companies can avoid liability for discriminatory behavior by using agency temporaries, leased employees, or contract company workers in lieu of their own staff.

However, the client firm may also bear some liability. For instance, the ADA specifically prohibits a business from participating in an arrangement that results in the discrimination against a disabled applicant or worker; thus, both the client and the staffing firm are legally liable for discrimination under ADA.22

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5
Q

Some examples of prohibited unlawful harassment include, but are not limited to, the following:

A

Verbal and written conduct such as epithets, derogatory comments, slurs, unwanted sexual solicitations, or unwanted comments and jokes, whether expressed verbally or in text messages, e-mails, messaging platforms or social media postings;

▪ Visual conduct such as derogatory or harassing photographs, videos, cartoons, drawings or gestures;

▪ Physical conduct such as touching, blocking normal movement, restraining, or otherwise physically interfering with the work of another individual;

▪ Threatening or demanding that an individual submit to certain conduct or perform certain actions in order to keep or get a job, to avoid some other loss, or as a condition of job benefits, security or promotion; and

▪ Retaliation by any of the above means for having reported harassment or discrimination, or having assisted another employee to report harassment or discrimination.

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6
Q

Sexual Harassment policy (1 & 2)

A
  1. LiveTiles’ policy applies to all employees, applicants for employment, interns, whether paid or unpaid, contractors and persons conducting business, regardless of immigration status, with LiveTiles. In the remainder of this document, the term “employees” refers to this collective group.
  2. Sexual harassment will not be tolerated. Any employee or individual covered by this policy who engages in sexual harassment or retaliation will be subject to remedial and/or disciplinary action (e.g., counseling, suspension, termination).

2 A non-employee is someone who is (or is employed by) a contractor, subcontractor, vendor, consultant, or anyone providing services in the workplace. Protected non-employees include persons commonly referred to as independent contractors, “gig” workers and temporary workers. Also included are persons providing equipment repair, cleaning services or any other services provided pursuant to a contract with the employer.

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7
Q

Sexual Harassment policy (3)

A

Retaliation Prohibition: No person covered by this Policy shall be subject to adverse action because the employee reports an incident of sexual harassment, provides information, or otherwise assists in any investigation of a sexual harassment complaint. LiveTiles will not tolerate such retaliation against anyone who, in good faith, reports or provides information about suspected sexual harassment. Any employee of LiveTiles who retaliates against anyone involved in a sexual harassment investigation will be subjected to disciplinary action, up to and including termination.

All employees, paid or unpaid interns, or non-employees working in the workplace who believe they have been subject to such retaliation should inform a supervisor, manager, or the Chief Executive Officer of LiveTiles. All employees, paid or unpaid interns or non-employees who believe they have been a target of such retaliation may also seek relief in other available forums, as explained below in the section on Legal Protections.

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8
Q

who should you inform if you feel subject to sexual harassment?

A

supervisor, manager, or the Chief Executive Officer of LiveTiles

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9
Q

Sexual Harassment policy (4)

A

Sexual harassment is offensive, a violation of our policies, unlawful and may subject LiveTiles to liability for harm to targets of sexual harassment. Harassers may also be individually subject to liability. Employees of every level who engage in sexual harassment, including managers and supervisors who engage in sexual harassment or who allow such behavior to continue, will be penalized for such misconduct.

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10
Q

Sexual Harassment policy (5)

A

LiveTiles will conduct a prompt and thorough investigation that ensures due process for all parties, whenever management receives a complaint about sexual harassment, or otherwise knows of possible sexual harassment occurring. LiveTiles will keep the investigation confidential to the extent possible. Effective corrective action will be taken whenever sexual harassment is found to have occurred. All employees, including managers and supervisors, are required to cooperate with any internal investigation of sexual harassment.

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11
Q

Sexual Harassment policy (6)

A

All employees are encouraged to report any harassment or behaviors that violate this policy. LiveTiles will provide all employees a complaint form for employees to report harassment and file complaints.

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12
Q

Sexual Harassment policy (7)

A

Managers and supervisors are required to report any complaint that they receive, or any harassment that they observe or become aware of, to LiveTiles.

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13
Q

Sexual Harassment policy (8)

A

This policy applies to all employees, paid or unpaid interns, and non-employees and all must follow and uphold this policy. This policy must be provided to all employees and should be posted prominently in all work locations to the extent practicable (for example, in a main office, not an offsite work location) and be provided to employees upon hiring.

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14
Q

What is Sexual Harassment?

A

Sexual harassment is a form of sex discrimination and is unlawful under federal, state, and (where applicable) local law. Sexual harassment includes harassment on the basis of sex, sexual orientation, gender identity and the status of being transgender.

Sexual harassment includes unwelcome conduct which is either of a sexual nature, or which is directed at an individual because of that individual’s sex when:

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15
Q

Examples Of Sexual Harassment

A

• Physical assaults of a sexual nature, such as:
o Touching, pinching, patting, grabbing, brushing against another employee’s body or
poking another employees’ body; and

   o Rape, sexual battery, molestation or attempts to commit these assaults.

• Unwanted sexual advances or propositions, such as:
o Requests for sexual favors accompanied by implied or overt threats concerning the victim’s job performance evaluation, a promotion or other job benefits or detriments; and

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16
Q

Supervisory Responsibilities

A

All supervisors and managers who receive a complaint or information about suspected sexual harassment, observe what may be sexually harassing behavior or for any reason suspect that sexual harassment is occurring, are required to report such suspected sexual harassment to the People and Experience team.

In addition to being subject to discipline if they engaged in sexually harassing conduct themselves, supervisors and managers will be subject to discipline for failing to report suspected sexual harassment or otherwise knowingly allowing sexual harassment to continue.
Supervisors and managers will also be subject to discipline for engaging in any retaliation.

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17
Q

Investigations should be done in accordance with which following steps:

A
  1. Upon receipt of the complaint, LiveTiles will conduct an immediate review of the allegations, and take any interim actions, as appropriate.
  2. Request and review all relevant documents, including all electronic communications.
  3. Interview all parties involved, including any relevant witnesses.
  4. Create a written documentation of the investigation (such as a letter, memo or email), which contains the following:o A list of all documents reviewed, along with a detailed summary of relevant documents; o A list of names of those interviewed, along with a detailed summary of their statements; o A timeline of events;o A summary of prior relevant incidents, reported or unreported; ando The basis for the decision and final resolution of the complaint, together with any corrective actions action(s).
  5. Keep the written documentation and associated documents in a secure and confidential location.
  6. Promptly notify the individual who complained and the individual(s) who responded of the final determination and implement any corrective actions identified in the written document.
  7. Inform the individual who complained of their right to file a complaint or charge externally as outlined below.
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18
Q

Legal Protections and External Remedies

What can individuals do?

A

Sexual harassment is not only prohibited by LiveTiles but is also prohibited by state, federal, and, where applicable, local law.

Aside from the internal process at LiveTiles, employees may also choose to pursue legal remedies with the following governmental entities. While a private attorney is not required to file a complaint with a governmental agency, you may seek the legal advice of an attorney.

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19
Q

State and Local Law

Whom to contact to request the contact infromation for local and state.

A

State and Local Law
Many state and local agencies enforce laws protecting individuals from sexual harassment and discrimination, and complaints alleging violations of these laws may be filed directly with state or local agencies or in court.

Please contact the People and Experience team to request the contact information for the local and state agencies where you may file a complaint, which will vary depending on the location of the LiveTiles office in which you work.

20
Q

Where can I find contact information for the local and state agencies

A

Ask Tania!!!!!!!!

nyc human rights

21
Q

EEOC

A

Civil Rights Act of 1964

Enforces federal anti-discrimination laws, including Title VII of the 1964 federal Civil Rights Act (codified as 42 U.S.C. § 2000e et seq.).

An individual can file a complaint with the EEOC anytime within 300 days from the harassment. There is no cost to file a complaint with the EEOC. The EEOC will investigate the complaint, and determine whether there is reasonable cause to believe that discrimination has occurred, at which point the EEOC will issue a Right to Sue letter permitting the individual to file a complaint in federal court.

22
Q

If an employee believes that he/she has been discriminated against at work, what can they do?

A

He/she can file a “Charge of Discrimination.” The EEOC has district, area, and field offices where complaints can be filed. Contact the EEOC by calling 1-800-669-4000 (1-800-669-6820 (TTY)), visiting their website at www.eeoc.gov or via email at info@eeoc.gov.

23
Q

What happens if the harassment was physical?

A

Contact the Local Police Department

If the harassment involves physical touching, coerced physical confinement or coerced sex acts, the conduct may constitute a crime. Contact your local police department if you believe you have a basis to report a crime.

24
Q

WORKPLACE SAFETY (Section 3A)

A

Drug-Free Workplace

LiveTiles is committed to providing a drug-free workplace for our employees. Employees are required to perform their job duties unimpaired by illegal drugs or the improper use of legal substances (prescribed or non-prescribed). The Company strictly prohibits the unauthorized possession, misuse, sale, solicitation, distribution, transfer or manufacture of illegal drugs, intoxicants, or controlled substances on Company property, in Company vehicles or during working hours. Furthermore, it is a violation of this policy for an employee to report to work, or work, while under the influence of drugs.

25
Q

WORKPLACE SAFETY (Section 3B)

A

Responsible Alcohol Consumption Policy

While we do permit consumption of alcohol on our premises and at certain Company-sponsored events, we also expect that employees will consume alcohol responsibly, respectfully and in accordance with applicable law(s). This means that alcohol consumption should never interfere with an employee’s job duties or the ability of other employees to perform their work. Further, alcohol can only be consumed by, or provided to, individuals over the age of 21. Any employee determined to be impaired because of alcohol, or otherwise in violation of this policy, may be sent home. In addition, employees may be subject to corrective action, which may include termination of employment.

26
Q

WORKPLACE SAFETY (Section 3C)

A

No Smoking Policy

LiveTiles provides a smoke-free workplace. This means uses of tobacco products, including smokeless tobacco or electronic smoking devices, is prohibited in all of our offices. All employees, clients, vendors and visitors are required to comply with this policy. Smoking will only be permitted in designated outside smoking areas.

27
Q

HOURS OF WORK, OVERTIME, AND PAY DAYS (Section 4A)

A

Hours of work

One of our core values is that “we get shit done.” Consistent with that, we trust that our employees will work the necessary hours to complete their job duties and assignments. While we do not have set business hours at LiveTiles, all employees are expected to be in the office between the hours of 9 a.m. to 6 p.m. For overtime-eligible employees, business work hours are 9 a.m. to 6 p.m. Monday through Friday, with one unpaid hour for lunch.

28
Q

HOURS OF WORK, OVERTIME, AND PAY DAYS (Section 4B)

A

Remote Working/Flexible Work Environment

On certain occasions, employees may work from outside the office with the prior approval of their manager, and consistent with business needs. We expect all employees to be responsible in submitting such requests, as well as being available to colleagues and clients to meet business needs. Approval can be withdrawn, as may be necessary, at the discretion of the approving manager.

29
Q

VACATION, HOLIDAYS AND SICK LEAVE (Section 5A)

A

Vacation

At LiveTiles, we understand the importance of time away from work for vacation, sick and personal days. Thus we are proud to provide all regular full-time employees with twenty (20) days of paid vacation on a yearly basis, to be used in the period between July 1 and June 30 of the following year.

We expect each employee to be responsible and considerate of business needs when scheduling time off. All vacation must be approved in advance by your manager.

Vacation days will accrue at the rate of 1.6 days per month for all employees. Up to five (5) unused accrued vacation days may be rolled over to the next year’s vacation period. Any accrued but unused vacation days will be paid upon termination of employment.

30
Q

VACATION, HOLIDAYS AND SICK LEAVE (Section 5B)

A

Holidays

LiveTiles observes the following holidays each year for all regions:

▪ New Year’s Day

▪ Martin Luther King Day

▪ Memorial Day

▪ Independence Day

▪ Labor Day

▪ Thanksgiving Day

▪ Black Friday

▪ Christmas Day

▪ Boxing Day (UK)

31
Q

VACATION, HOLIDAYS AND SICK LEAVE (Section 5B) Continued

A

For each recognized holiday, regular full-time employees will receive a day off with pay. The Company may, in its discretion, require employees to work on scheduled holidays and provide an alternate day off for these employees. When a scheduled holiday falls on a weekend, it will be observed on the following Monday or preceding Friday. Holidays that occur during an employee’s vacation will not be counted as vacation days. There are additional holidays specific to each region that we do observe, please consult the People & Experience team for a full list.

32
Q

Additional holidays specific to each region that we do observe?

A

Get full list from Tania!!!

33
Q

VACATION, HOLIDAYS AND SICK LEAVE (Section 5C)

A

Paid Sick and Personal Leave
All LiveTiles employees will receive ten (10) days (80 hours) per calendar year to be used for sick leave or personal use. Sick and personal days shall accrue at the rate of 0.8 days per month for all employees. Any accrued and unused sick leave may be carried forward from one calendar year to the next, up to a maximum of five (5) days for any calendar year. Upon the termination of your employment, you will not be paid for any accrued and unused sick or personal leave.

34
Q

VACATION, HOLIDAYS AND SICK LEAVE (Section 5C) Uses?

A

You may use personal leave to deal with private matter such as moving day, religious holidays, appointments or any other personal affairs.

You may use your sick leave for your own mental or physical illness, injury, or health condition, for purposes of obtaining a diagnosis, care, or treatment for such illness, injury, or health condition, or your need to get preventative medical care. You may also use sick leave to care for a family member who needs preventative medical care, or who needs a medical diagnosis, care, or treatment for a mental or physical illness, injury, or health condition, or for any other purpose under applicable law.

35
Q

VACATION, HOLIDAYS AND SICK LEAVE (Section 5C) Requirements?

A

When possible, you must provide your manager with at least seven (7) days’ notice of your planned use of sick or personal leave. You may provide this notice in person, by phone, or by emailing your manager. You should inform him/her of the date you expect to use sick leave, the number of hours you will use, and the reason for use of sick leave (i.e. doctor’s appointment). If you cannot provide seven (7) days advance notice of the need to use sick leave, you should notify your manager by phone or email as soon as practicable prior to using sick leave.

All sick and personal leave lasting more than three (3) consecutive days, and taken on a Friday or Monday may be required to provide documentation. In the case of sick leave, we may request verification from the treating physician to confirm the amount of sick leave taken, and may be require you to provide further information for disability insurance purposes. The documentation must be provided within seven days after the employee returns to work.
Eligible employees may accrue and use personal and paid sick leave; have a right to request and use accrued personal and paid sick leave; and may not be terminated or retaliated against for using or requesting the use of accrued personal and paid sick leave.

Sick leave provided under this policy shall be inclusive of sick leave mandated by applicable state and local laws in New York, California, Oregon and Washington.

36
Q

VACATION, HOLIDAYS AND SICK LEAVE (Section 5D)

A

Unpaid Parental Leave and Millitary Leave

Employees who need to be absent for an extended duration, for reasons other than parental leave, paid sick or personal leave, or vacation, may request an unpaid leave of absence of up to twelve (12) weeks.

Leaves may be granted for a variety of reasons, including (without limitation): a serious health condition of you or a qualifying family member, military leave, to care for a covered service member (spouse, son, daughter or parent) with a serious injury or illness, or other reasons at the discretion of the Company. Unpaid leave is available on a calendar year basis to all employees who have at least twelve (12) months of service and 1250 hours of service with the Company.

Military leave will be granted and governed by applicable laws. If you would like to apply for unpaid leave, please contact a member of People and Experience.

37
Q

VACATION, HOLIDAYS AND SICK LEAVE (Section 5E)

A

Other Forms of Leave for Employees

Our employees are eligible for various other forms of leave pursuant to state and local laws. Please contact a member of the People and Experience team for further information if you should need to take one of these leaves. These include, but are not limited to:

Bereavement Leave
Blood Donation Leave
Bone Marrow Donation Leave
Crime Victims Leave
Family Military Leave
Jury Duty Leave
Military Spouse Leave
Nursing Mothers Leave
Voluntary Emergency Responder Leave Voting Leave
38
Q

VACATION, HOLIDAYS AND SICK LEAVE (Section 5E) Types?

A

Bereavement Leave

Blood Donation Leave

Bone Marrow Donation Leave

Crime Victims Leave

Family Military Leave

Jury Duty Leave

Military Spouse Leave

Nursing Mothers Leave

Voluntary Emergency Responder Leave

Voting Leave

39
Q

PARENTAL LEAVE AND BENEFITS (Section 6)

A

LiveTiles’ Parental Leave of Absence and Benefits Policy (collectively referred to as, “Parental Leave”) provides time off and pay to full-time employees who take a leave for the purpose of being a primary or secondary caregiver for a newborn child or a child recently placed with the employee for adoption or foster care. Parental leave will run concurrently with all other applicable leaves of absence under federal and state law, including the New York Paid Family Leave Program and California Pregnancy Disability

40
Q

PARENTAL LEAVE AND BENEFITS (Section 6) Requirement?

A

An eligible employee must give at least two (2) weeks’ notice of his or her anticipated date of departure and intention to return.

41
Q

PARENTAL LEAVE AND BENEFITS (Section 6) Eligibility?

A

Full-time employees: Employees who work a regular schedule of 20 or more hours per week are eligible after 26 consecutive weeks of employment.

Part-time employees: Employees who work a regular schedule of less than 20 hours per week are eligible after working 175 days, which do not need to be consecutive.
Employees are eligible regardless of citizenship and/or immigration status.

42
Q

PARENTAL LEAVE AND BENEFITS (Section 6A)

A

Length of Parental Leave and Pay

If you are the primary caregiver of a newborn child or children, the Company will pay 100% of your base salary or wages for up to a maximum of twelve (12) weeks’ of Primary Caregiver Leave. The “Primary Caregiver” refers to the new parent through birth, adoption or foster care placement who has the greatest responsibility for the daily care and rearing of a child.

If you are the secondary caregiver of a newborn child or children, the Company will pay 100% of your base salary or wages for up to a maximum of four (4) weeks’ of parental leave. The “secondary caregiver” refers to the new parent through birth, adoption or foster care placement who is not the child’s primary caregiver, but wishes to take time off to help care for the new child.
Pay while on parental leave will be coordinated with any state disability, paid family leave or other wage reimbursement benefits for which an employee may be eligible. At no time will an employee receive a greater total payment than his or her regular compensation.

43
Q

PARENTAL LEAVE AND BENEFITS (Section 6B)

A

Benefits

Employees on approved parental and/or paid family leave will be eligible for Company-provided premium payments for continued group medical insurance coverage, if any, up to a maximum of twelve (12) weeks for primary caregivers. Any employee premium contributions required by the Company for coverage during active employment must be made by the employee to maintain coverage during the parental leave.

44
Q

PARENTAL LEAVE AND BENEFITS (Section 6C)

A

Timing of Leave

All parental leave and related benefits must be used within the first 12 months of the birth, adoption, or foster care placement of the child. California employees may be eligible for additional leave prior to the birth of their child under California Pregnancy Disability Leave.

45
Q

PARENTAL LEAVE AND BENEFITS (Section 6D)

A

Return to Work

At the conclusion of the parental leave, the employee will be reinstated to his or her previous or a similar position with the same status, pay, length of service credit and seniority as of the date the leave began, unless other employees of equal seniority and status in the same or similar position have been laid off due to economic conditions or other changes in operating conditions during the employee’s leave. If an employee extends his or her parental leave beyond 12 weeks for a primary caregiver, the Company cannot guarantee the employee reinstatement to his or her previous or a similar position, except where required by applicable law.