Professional Documents
Culture Documents
August 2020
To provide fast, effective and efficient solutions to retailers and vendors through
superior execution of merchandising services in all retail stores.
TABLE OF CONTENTS
GENERAL POLICIES
Arbitration Policy ........................................................................................ 1
Americans with Disabilities Act ................................................................. 3
Return-To-Work Program Policy ................................................................ 4
At-Will Employment ................................................................................... 4
Equal Opportunity Employment ................................................................ 4
Immigration and Reform Control Act ......................................................... 5
Harassment and Discrimination ................................................................. 5
Sexual Harassment ................................................................................... 6
Non-Retaliation ......................................................................................... 7
Workers’ Compensation ............................................................................. 8
WORKPLACE CONDUCT
Auto Insurance ........................................................................................... 9
Social Media Usage .................................................................................. 9
Confidential and Proprietary Information .................................................. 9
Corrective Action..................................................................................... 10
Ethics ...................................................................................................... 10
No-Solicitation or Distribution .................................................................. 11
Performance Guidelines ......................................................................... 11
End of Employment ................................................................................. 12
Theft and Security Incidents …………………………………………………13
Visitors at Work Sites .............................................................................. 14
GENERAL POLICIES
Arbitration Policy
This Arbitration Policy applies to all employees and applicants for employment with Retail
Merchandising Services, Inc. (“RMS”). Applicants who wish to be considered for employment by
RMS after the effective date of this Arbitration Policy on January 26, 2019 must read and accept
its terms in order for RMS to consider their applications for employment. By becoming or
remaining employed by RMS after the January 26, 2019 effective date of this Arbitration Policy,
employees agree to its terms.
RMS recognizes that differences may arise between RMS and applicants or employees that
cannot be resolved without the assistance of an outside party. As a result, any and all claims,
disputes, or controversies arising out of or relating to applications for employment, employment
with RMS, and the termination of employment at RMS (collectively referred to in this policy as
“Claims”) will be resolved exclusively by arbitration to be administered by a neutral dispute
resolution agency. Unless mutually agreed to otherwise at the time of the dispute, the American
Arbitration Association (“AAA”) will administer the arbitration pursuant to its Employment
Arbitration Rules. Copies of AAA’s Rules are available on AAA’s website (www.adr.org) and upon
request from Human Resources at HR@rmservicing.com.
Claims include claims against individuals who are current or former RMS directors, officers,
employees, fiduciaries of RMS’ employee benefit plans, third parties who provide administrative
services to RMS’ employee benefits plans, or agents who acted on RMS’ behalf or as to whose
actions the employee or applicant seeks to hold RMS liable. All of these individuals or entities
are third party beneficiaries of this Arbitration Policy.
This Arbitration Policy shall be enforceable pursuant to and interpreted in accordance with the
provisions of the Federal Arbitration Act.
Administrative Charges
This Agreement does not affect or limit the right of an applicant or employee to file an
administrative charge with a state or federal agency such as the Equal Employment Opportunity
Commission or National Labor Relations Board. For any Claims where the law requires that an
administrative procedure be followed before bringing an action in court (for example, filing an
EEOC charge and receiving a Right to Sue Letter, or filing an administrative claim for benefits
under the terms of an employee benefits plan), the person asserting the Claim must exhaust that
procedure before bringing the Claim in arbitration. In accordance with applicable law, RMS will
not retaliate against any applicant or employee for filing a report, charge, or complaint with a
government agency or for exercising rights under Section 7 of the National Labor Relations Act.
Arbitration Procedures
The Arbitrator shall have the authority to award the same damages and other relief that would
have been available in court pursuant to applicable law. The Arbitrator will have the authority to
limit discovery and other pretrial processes to what is necessary for a prompt and inexpensive
resolution of the dispute. It is expected that the arbitration hearing will be held within 180 days of
the appointment of the Arbitrator. The AAA Employment Arbitration Rules will govern the
allocation of costs between the parties and the course of the proceedings unless otherwise
agreed. The Arbitrator shall not have the authority to add to, amend, or modify existing law or to
alter the at-will status of the relationship between RMS and its employees.
The Arbitrator shall have the authority to consider and rule on dispositive motions such as motions
to dismiss or motions for summary judgment in accordance with the standards and burdens
generally applicable to such motions in court, except that the Arbitrator may establish appropriate
and less formal standards and procedures for such motions at the Arbitrator’s discretion
consistent with the expedited nature of arbitration proceedings. The Arbitrator may issue
subpoenas to compel the attendance of witnesses at the arbitration hearing and to compel the
production of documents during discovery and shall do so upon reasonable request of either
party. The Arbitrator shall have the exclusive authority to resolve any dispute relating to the
interpretation, applicability, enforceability, or formation of this Arbitration Policy, including, but not
limited to, any claim that any part of this Arbitration Policy is unenforceable, void, or voidable,
except that any contention that the class, collective, or representative action waiver is
unenforceable must be decided by a court and not an arbitrator.
Arbitration under this Policy will be instead of a court or jury trial. The arbitrator will make a written
decision, which will include its legal and factual basis. The arbitrator’s award is final and may be
entered in any court of competent jurisdiction.
The party initiating the Claim must pay the administrative filing fee. RMS will pay the arbitrator’s
fees and costs. The parties to the arbitration will pay their own attorney’s fees, if any, incurred in
connection with the arbitration, but the Arbitrator will have the authority to award attorney’s fees
and costs if a contract, statute, or other applicable law authorizes the award of attorney’s fees
and costs to the prevailing party.
General Provisions
If any provisions of AAA’s Employment Arbitration Rules or of this Arbitration Policy are
determined by the Arbitrator or by any court of competent jurisdiction to be unlawful, invalid, or
unenforceable, such provisions shall be severed or modified so that the remaining provisions may
be enforced to the greatest extent permissible under the law. This Arbitration Policy may be
modified or terminated by RMS after thirty days written notice. Any modifications or terminations
shall be prospective only and shall not apply to any claims or disputes that are pending in
arbitration or that have been initiated by either party.
It is the policy of RMS to comply with all federal and state laws concerning the employment of
persons with disabilities and to act in accordance with regulations and guidance issued by the
Equal Employment Opportunity Commission (EEOC.) Furthermore, it is company policy to not
discriminate against qualified individuals with disabilities in regards to application procedures,
hiring, advancement, discharge, compensation, training or other terms, conditions and privileges
of employment.
RMS will reasonably accommodate qualified individuals with a disability so they can perform the
essential functions of the job unless doing so causes a direct threat to these individuals or others
in the workplace and the threat cannot be eliminated by reasonable accommodation or if the
accommodation creates an undue hardship to RMS.
The Human Resources Department is responsible for implementing this policy, including the
resolution of reasonable accommodation, safety/direct threat and undue hardship issues.
Positions may be modified to fit the medical limitations of injured employees by altering specific
tasks. Examples of modified work duties may include not lifting over a certain weight, taking
additional, unpaid breaks, etc. In addition to these modified work duties, RMS may also be able
to add additional accommodations providing this does not create an undue hardship for RMS.
Employees seeking more information regarding potential accommodations should contact their
HR Generalist to assist with evaluating reasonable accommodations that may enable employees
to perform the essential functions of their job.
At-Will Employment
Employment at RMS is “at will.” This means employees are free to leave RMS at any time, with
or without a reason and with or without notice. RMS also has the right to end an employee’s
employment at any time, with or without a reason and with or without notice. Although RMS may
choose to end employment for cause, cause is not required, unless stated otherwise in local or
state laws. Further, RMS has the right to manage its workforce and direct its employees. This
includes the right to hire, transfer, promote, demote, reclassify, lay off, terminate, or change any
term or condition of employment at any time, with or without a reason and with or without notice.
No one other than an RMS officer may enter into an agreement for employment for a specific
period of time or make any agreement contrary to the at-will employment policy. In addition, any
such agreement must be in writing and signed by an officer of the Company.
RMS complies with nondiscrimination laws and regulations under Title VII of the Civil Rights Act
of 1964, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990,
the Age Discrimination in Employment Act of 1967, Uniformed Services Employment and
Reemployment Rights Act (USERRA), Executive Order 11141, the Equal Pay Act, the Genetic
Information Nondiscrimination Act and other applicable statutes, ordinances, and regulations.
RMS will recruit, hire, train, and promote people in all job classifications without regards to race,
color, religion, national origin, sex, age, physical or mental disability or history of disability, genetic
information, status as a veteran, uniformed service, or other protected characteristics.
RMS will reasonably accommodate the religious observances and practices of an employee or
prospective employee unless such accommodation creates an undue hardship on the business.
Any employee with a disability who requires an accommodation should speak with Human
Resources at 800-777-3767. RMS will seek to reasonably accommodate qualified individuals with
a disability. The employee has the responsibility to provide adequate information to RMS as part
of the accommodation process.
RMS will review its employment practices to determine whether any individuals with protected
characteristics are receiving fair consideration for job opportunities. RMS seeks to ensure that
the physical and mental job qualification requirements are related to the specific job or jobs for
which the person is being considered and are consistent with business necessity and safe
performance of the job.
Employees may discuss equal employment opportunity related questions with the Director of
Human Resources or any other member of management.
The purpose of this policy is to ensure that in the workplace, no employee is harassed or harasses
another for any reason or in any manner, and that no employee is discriminated or discriminates
against another employee for any reason or in any manner. The conduct prohibited by this policy
includes conduct in any form including, but not limited to e-mail, voicemail, chat rooms, Internet
use or history, text messages, pictures, images, writings, words or gestures. Harassment
includes, but is not limited to slurs, epithets, threats, derogatory comments or visual depictions,
unwelcome jokes and teasing. Discrimination can be defined by, but is not limited to, the unjust
or prejudicial treatment of different categories of people, especially on grounds of race, age, or
sex.
Violations of this policy may result in disciplinary action, up to and including termination. There
will be no adverse action taken against employees who report violations of this policy in good faith
or participate in the investigation of such violations. Any employee who feels that they are a victim
of harassment or discrimination should immediately report such actions in accordance with the
following procedure. All complaints will be promptly and thoroughly investigated as confidentially
as possible.
1. Any employee who believes that (s)he is a victim of harassment or discrimination, or has
been retaliated against for complaining of harassment or discrimination, should report the
situation immediately to one of the following members of management who have been
designated to receive such complaints: Director of Human Resources, COO or President
at (800) 777-3767 or 8801 Brooklyn Boulevard, Brooklyn Park, MN 55445. Employees
can also contact their state or federal agency; U.S. Equal Employment Opportunity
Commission at 1-800-669-4000 (voice), 1-800-669-6820 (TTY), 1-844-234-5122 (ASL) or
via email at info@eeoc.gov.
2. If an employee makes a report to any of these members of management and the manager
either does not respond or does not respond in a manner the employee deems satisfactory
or consistent with this policy, the employee is required to report the situation to one of the
other members of management designated in this policy to receive complaints.
3. The Company will investigate every reported incident immediately. Any employee,
supervisor or agent of the company who has been found to have violated this policy may
be subject to appropriate disciplinary action, up to and including immediate termination.
4. The Company will conduct all investigations in a discreet manner. The Company will strive
to maintain confidentiality during the investigation, but there is no guarantee to complete
confidentiality. The Company recognizes that every investigation requires a determination
based on all the facts in the matter. We also recognize the serious impact a false
accusation can have. We trust that all employees will act responsibly.
5. The reporting employee has the Company's assurance that no reprisals will be taken as
a result of a harassment or discrimination complaint as long as false information is not
provided to those who have a need for the information, or when it is required in the course
of investigating the complaint. It is policy to encourage discussion of the matter to help
protect others from being subjected to similar inappropriate behavior.
Sexual Harassment
Any type of sexual harassment is against company policy and may be unlawful. We firmly prohibit
sexual harassment of any employee by another employee, supervisor or third party. Harassment
by our employees to another employee, supervisor or third party is also prohibited. The purpose
of this policy is to ensure that in the workplace, no employee is subjected to, or subjects another
to sexual harassment. While it is not easy to define precisely what sexual harassment is, it may
include unwelcome sexual advances, requests for sexual favors, and/or verbal or physical
conduct of a sexual nature including, but not limited to, sexually related drawings, pictures, jokes,
teasing, uninvited touching or other sexually related comments. The conduct prohibited by this
policy includes conduct in any form including, but not limited to e-mail, voicemail, chat rooms,
Internet use or history, text messages, pictures, images, writings, words or gestures. Sexual
harassment of an employee or by an employee will not be tolerated.
Violations of this policy may result in disciplinary action, up to and including termination of
employment. There will be no adverse action taken against employees who report violations of
this policy in good faith or participate in the investigation of such violations. Any employee who
feels that (s)he is a victim of sexual harassment should immediately report such actions in
accordance with the following procedure. All complaints will be promptly and thoroughly
investigated as confidentially as possible.
1. Any employee who believes that (s)he is a victim of sexual harassment or has been
retaliated against for complaining of sexual harassment, should report the situation
immediately to one of the following members of management who have been designated
to receive such complaints: Director of Human Resources, COO or President at (800)777-
3767 and/or 8801 Brooklyn Boulevard, Brooklyn Park, MN 55445.
2. If an employee makes a report to any of these members of management and the manager
either does not respond or does not respond in a manner the employee deems satisfactory
or consistent with this policy, the employee is required to report the situation to one of the
other members of management designated in this policy to receive complaints.
3. The Company will investigate every reported incident immediately. Any employee,
supervisor or agent of the company who has been found to have violated this policy may
be subject to appropriate disciplinary action, up to and including immediate termination.
4. The Company will conduct all investigations in a discreet manner. The Company
recognizes that every investigation requires a determination based on all the facts in the
matter. We also recognize the serious impact a false accusation can have. We trust that
all employees will act responsibly.
5. The reporting employee has the Company's assurance that no reprisals will be taken as
a result of a sexual harassment complaint as long as false information is not provided to
those who have a need for the information, or when it is required in the course of
investigating the complaint. It is our policy to encourage discussion of the matter, to help
protect others from being subjected to similar inappropriate behavior.
Non-Retaliation
RMS prohibits any form of retaliation against employees who report, in good faith, unwelcome
conduct, including, but not limited to discrimination and harassment, or who cooperate in the
investigation of such reports. No employee of the Company shall:
based upon the fact that the employee has reported unwelcome conduct or has participated in an
investigation of a report of unwelcome conduct. In accordance with this policy, the Company will
investigate and take appropriate disciplinary action for any such retaliation, up to and including
termination of employment.
If an employee believes someone has violated this policy, they should contact the Director of
Human Resources immediately at (800)777-3767.
Workers’ Compensation
RMS provides workers' compensation insurance to all employees. Workers’ compensation
insurances provides compensation for medical expenses and wage losses to employees who are
injured or who become ill due to their employment.
RMS’s workers’ compensation insurance carrier is listed below:
Chubb Insurance
Address: P.O. Box 42065, Phoenix, AZ 85080
Phone Number: 213-612-0880
Policy Number: 000071749128
It is RMS’s policy to comply with applicable state laws and to aid any employee whose injury or
illness is determined to be compensable under the provisions of the state's workers'
compensation act. RMS does not retaliate against employees who exercise their rights under
workers' compensation laws.
ND, OH, WA and WY: RMS is prohibited to provide workers compensation insurance through
private insurers. Therefore, coverage is provided from a government-operated insurance fund.
North Dakota:
North Dakota Workforce Safety and Insurance
Address: 1600 East Century Avenue, Bismarck, ND 58503
Phone Number: 800-777-5033
Policy Number: 1142488
Ohio:
Ohio Bureau of Workers Compensation (BWC)
Address: 30 West Spring Street, Columbus, OH 43215
Phone Number: 800-644-6292
Policy Number: 1095308
Washington:
Washing State Department of Labor and Industries (L&I)
Address: PO Box 44000, Olympia, WA 98504
Phone Number: 800-547-8367
Policy Number: 83798600
Wyoming:
Wyoming Department of Workforce Services (DWS)
Address: 1510 East Pershing Boulevard, Cheyenne, WA 82002
Phone Number: 307-777-7441
Policy Number: 00209658
WORKPLACE CONDUCT
Auto Insurance
Employees are required to carry their own primary auto insurance if using their vehicle for
company purposes. It is the responsibility of employees to familiarize themselves with the
insurance they carry and to assume all insurance costs. RMS assumes no liability due to dropped
coverage or other lapse in coverage.
Employees are expected to refrain from posting photos or other information that may be perceived
as discourteous or disrespectful to an employee, customer or anyone in contact with the
Company.
Employees are reminded that information posted on personal websites can be viewed by
members of the public, by others in the Company, by customers or clients of the Company, or by
competitors of the Company.
Employees are expected to comply with copyright laws and avoid plagiarism. Company logos
and trademarks may not be used without prior written consent. These restrictions apply not only
to employees’ personal websites, but also to postings on other websites, including the personal
websites of non-employees.
In return for access to these important and valuable assets of the Company, employees must, at
all times during and after employment with RMS, maintain all RMS proprietary information and
personal information (as defined below) in the strictest confidence and will not, directly or
indirectly, disclose or make RMS proprietary or personal information available to any unauthorized
person or entity or use it for a person’s own personal benefit. RMS proprietary and personal
information may be disclosed only to RMS employees who need to know it and who have signed
a Confidentiality Agreement. RMS proprietary and personal information may only be used as
required to carry out employment duties for RMS and for no other purposes whatsoever. When
joining RMS, employees agree to follow all Company safeguards and procedures to protect RMS
proprietary and personal information from unauthorized access or disclosure.
If employment with RMS ends for any reason, employees must continue to treat any proprietary
or personal information as private and confidential. Proprietary and personal information may not
be used, divulged or communicated to any person or entity without the express written approval
of an RMS officer. RMS may pursue legal remedies for the unauthorized use or disclosures of
proprietary or personal information.
Corrective Action
It is RMS’s expectation that employees will perform their jobs satisfactorily, and comply with all
RMS rules and policies. The management team of RMS would like to work with employees in
communicating and attempting to correct work-related problems. However, if an employee does
not satisfactorily perform their job, or is found to be in violation of RMS rules, policies, or core
values, RMS may implement corrective action. Corrective action may take several forms,
including, but not limited to:
Coaching
Additional training
Verbal warning
Written warning
Final written warning
Suspension
Termination of employment
RMS reserves the right in its sole discretion to omit or modify steps in any particular situation.
RMS will take whatever corrective action it determines is appropriate in response to the
circumstances of any given situation.
Ethics
It is the policy of RMS to require employees to adhere to ethical standards in the conduct of
business. All employees are expected to conduct business with integrity, to refrain from dishonest
or unethical conduct, and to comply with the letter and spirit of all applicable laws.
Employees should not engage in conduct or activity that may raise questions about the
Company’s honesty or impartiality, or otherwise create a negative impression of the Company.
Employees are expected to avoid any activity, which might result in, or might reasonably be
expected to create, an appearance of influence or favoritism.
No Solicitation or Distribution
No employee may engage in solicitation for any purpose while working. “While working” means
the time during which an employee is required to perform work duties.
Employees may not distribute literature in working areas at any time. “Working areas” include all
areas of Company owned or leased premises, including client work sites, but does not include
non-working areas such as break rooms.
Individuals who are not employed by RMS are not permitted to solicit or distribute goods or
literature to employees on the Company’s property at any time.
Performance Guidelines
The following provides general guidelines for appropriate conduct at work. These are only general
guidelines which RMS will enforce as appropriate, and should not be considered as inclusive or
final. RMS reserves the right to determine what is or is not considered to be acceptable
performance standards.
Employees who fail to meet performance expectations, regardless if they are listed within this
policy or not, will be subjected to corrective action, up to and including termination of employment.
Willful or inexcusable breach of RMS rules will be dealt with firmly under a uniform policy, which
is applied to all individuals. See RMS Corrective Action policy for further information.
End of Employment
Voluntary Resignation
An employee who chooses to voluntarily resign from RMS is requested to provide a written two-
week notice. Failure to do so may result in the employee not being eligible for rehire. Employees
must submit all resignations in writing to Human Resources at hr@rmservicing.com. In the written
notice, employees should include their intended last day of work. If the written notice is sent
outside of RMS business hours, RMS will review the resignation communication on the next
business day. Regardless if a two-week notice is given or not given, the employee’s stated last
day of work will be considered to be the effective termination date, unless the last day of work is
backdated, in which case the effective termination date will be the day Human Resources receives
and reviews the notification of the employee’s intent to resign.
Job Abandonment
Any employee who fails to complete services, report services and/or respond to communication
from the Home Office for a period of seven calendar days may be found to have voluntarily
terminated their employment with RMS and will be classified as a job abandonment. Due to the
nature of the business and the employee’s ability to complete work within a given time period (not
necessarily on a specific day), the effective termination date of any employee that is considered
to have abandoned their job will be the day after the next payday listed on the payroll calendar
provided on the RMS Web Portal.
Involuntary Termination
An employee who is terminated involuntarily will be immediately removed from receiving future
projects. Communication will be provided to the employee requiring they not complete any in-
store projects on behalf of RMS and requesting they complete all outstanding reporting for work
already complete and submit their timecard. The effective termination date will be the day Human
Resources provides the termination notice to the employee.
Theft may cause the Company to bring criminal charges against an employee if appropriate. RMS
will take all actions necessary to recover stolen items and financial reimbursement of the value of
stolen items.
Acts of Theft
Acts that will be deemed as theft include, but are not limited to:
The removal of any merchandise from a retail store without rendering payment
o This includes merchandise that an employee intends to return to a store at a later
date
o The removal of merchandise used for RMS projects, such as Scan Based Trade
(SBT) merchandise. If a return is needed, the store team must send the
merchandise out of the store. An RMS employee should never leave the store
with the merchandise, even if the intent is to send it to RMS’s client
o Defective or discontinued product should be processed as listed in the project’s
service procedure. Unpaid merchandise, even defective or discontinued product,
should never leave the store with an RMS merchandising rep
The removal of any in-store equipment such as a myDevice or Zebra
The consumption of food or beverage prior to purchasing the item
Personal use of merchandise prior to purchasing the item
Using sellable merchandise (such as tape, scissors, etc.) that has not been purchased,
which alters the state of the item or packaging of the item
If a Store Team Member or RMS Employee suggests you take unpaid merchandise out of the
store for any reason, even if the items are part of RMS’s servicing scope, you should refrain from
doing so and notify RMS’s HR Department at 800-777-3767.
Also unique to SBT product is SBT vendors typically want their product thrown out at the store if
it is damaged and/or defective as opposed to sending it back to the vendor. This is different from
the process stores take when processing damaged and/or defective product that is NOT for a
SBT vendor. If you are throwing out SBT product at the store, please take a partner in Target’s
backroom to let them know why you are doing this PRIOR to you throwing product out.
Monitoring
Per Target’s protocol, Target conducts a thorough investigation of all security incidents, which
includes theft, that occur on their property as they would any other security investigation.
Target has state of the art monitoring systems installed in all stores, and also employs an Assets
Protection team in every store that is responsible for managing and investigating theft and security
incidents. This team routinely audits and observes 3rd party companies, like RMS, to ensure
compliance with Target policies.
Per Target Policy, purses, backpacks and other such bags are not allowed into the store by third
party vendors. Essential items brought into the store (car keys, cell phones or tablets, wallets,
etc.) may be carried in a clear bag.
Vendor Certifications
Certain retailers require that vendors complete a backroom certification and/or a preferred vendor
certification process prior to working in their backroom. If working in one of these retailers,
employees must complete the required certifications within the first 30 days of employment. The
RMS home office will send the test and study guide. When the test has been completed and
successfully passed, RMS will email the certificate to the employee. Failure to become certified
will be grounds for termination.
If RMS is unable to contact an employee, or the employee fails to respond to RMS communication
for a period of seven calendar days, RMS will assume the employee has voluntarily ended their
employment as a result of job abandonment. At this time, the employee will be removed from
completing future projects and the effective termination date will be the day following the next
payday in the pay cycle. If there has been a change in an employee’s phone number, email or
mailing address it is the employee’s responsibility to update their information within 24 hours on
the RMS portal.
Electronics
The use of headphones, MP3 players or iPods are not allowed while on client premises. An
employee may carry a cell phone, but its use should be limited to emergencies, work related
issues or for reporting project work through the RMS Mobile App, Retail Excellence (REX). Use
of electronics or cell phones for personal use is not permitted during working hours.
Name Badge
RMS employees must wear the name badge RMS provides when doing work in all retailers.
There are no exceptions to this rule, as it is the policy in most retail stores. It is the employee’s
responsibility to contact the home office if they lose their RMS name badge, in which case the
employee will need to work with the leader on duty at their designated store to get a temporary
name badge.
Technology Requirements
It is a requirement of the job to have regular access to a computer, internet, a valid email address,
smart device with photo capability and to have printing capabilities. Employees must be able to
download and print required documents (service procedures, store reports, updates, etc.)
necessary to do the job. All projects have an electronic reporting component. All projects require
the employee to report completed projects on the RMS Web Portal or in some cases on the RMS
Mobile App, Retail Excellence (REX). It is a requirement of the job to report projects using the
specified reporting method.
Use of the RMS Mobile App requires a rep to enable and utilize location services when
reporting work on the RMS Mobile App in order for the App to geocode each submitted
report.
GPS will be used to confirm reps are completing their work in their assigned location,
which will ensure customer satisfaction and guarantee accurate time-keeping records.
Location Services, or GPS, is only utilized while the application is operating in the
foreground and while the rep is servicing. This is to verify that pictures and questions are
being answered in the location in which the service is scheduled. Once the app is
minimized or sent to the background, even if a rep is still logged in, RMS has no visibility
to a user’s location. GPS data is only used when photos are taken in real time while
using REX, and not for any other purpose.
Camera access only occurs when an employee encounters a photo question on a store
report. REX does not have access to an employee’s camera roll or photos, so only photos
taken during servicing are eligible for submission and will not be saved to the device
camera roll.
Reimbursement
An employee who completes work in a store for RMS using the RMS Mobile App will be
reimbursed $.16 per submitted store report.
In order to receive the per store report reimbursement, the work must be completed and
reported in the assigned store, using the RMS Mobile App.
Certain reports that do not involve in-store servicing (such as surveys) may not be eligible
for a reimbursement.
Security
In order to prevent unauthorized access, devices should be password protected using the
features of the device. RMS does not have access to password information.
The device should lock itself with a password or PIN if it is idle for five minutes.
Risk/Liability/Disclaimers
Every employee is required to use their device(s) in an ethical manner, and should adhere
to the company’s acceptable use policy as outlined above when being used for RMS
business purposes.
RMS has a zero-tolerance policy for distracted driving, including the use of any device for
texting, emailing, or accessing data while driving. Hands-free talking (if permitted by state
law) is permissible while driving for RMS business reasons.
The employee is personally liable for all costs associated with his or her device(s).
The employee assumes full liability for risks including, but not limited to, the partial or
complete loss of company and personal data due to an operating system crash, errors,
bugs, viruses, malware, and/or other software or hardware failures, or programming errors
that render the device unusable.
RMS reserves the right to take appropriate disciplinary action up to and including
termination for noncompliance with this policy.
RMS employees must agree in writing to the terms and conditions set forth in this policy in order
to be able to connect their devices to the company network.
Personal Appearance
Since employees represent RMS to our clients, we expect employees dress at the same level as
our clients. It is the expectation that all employees ensure they are representing RMS in a
professional manner. As such, casual business clothing is acceptable; however, no blue jeans,
shorts, sweatpants, tank tops, sleeveless shirts, flip flops, sandals or open toed shoes are
allowed. As employees will be on their feet while servicing, wearing clean tennis shoes is
acceptable.
All shirts and pants must be neatly pressed or free of wrinkles and clean. All clothing must be in
good repair. Ripped or disheveled clothing and athletic wear are always inappropriate for the
work place.
Services
Employees must read and follow the specific instructions listed in the service procedure for all
services completed. Employees are required to complete and report all tasks on or before their
scheduled due date. If an employee is unable to complete and report a service by the due date,
they must contact the RMS home office prior to the service due date regarding a reason and plan
to complete the service or request time off. Employees who are assigned multiple stores will not
be required to service more than one store in a single day; however, an employee may choose to
do so voluntarily. If there are any questions or if there is any uncertainty when performing a
service, call the RMS home office for clarification prior to the service due date.
Failure to complete and/or report services accurately or timely may be grounds for
termination of employment. Reporting services as having been completed when they have
not been fully and accurately completed is falsification and is considered to be an act of
fraud. Fraudulent acts will cause the company to bring criminal charges against the
employee and vigorously pursue financial recovery of any payments made to the employee
as a result of fraudulent reporting.
Although RMS works to identify any foreseeable roadblocks that may occur when completing
work in a store, there may be times when a project is unable to be completed due to a work related
reason outside of the employees control (i.e. not receiving supplies or the store refusing to allow
a project be completed). In these instances, it is a requirement that the employee inform the RMS
Home Office of the concern prior to the project’s due date.
Store Assignment
Any retailer or vendor that hires RMS to do a project is our client. For that reason, we will do our
best to honor any request given to us by our client. If our client requests a new merchandising
representative in a store due to, but not limited to poor performance, behavior problems,
absenteeism, bad attitude or harassment we will honor that request. RMS reserves the right to
terminate employment based on that complaint or request.
Assigned Territory
All employees are responsible for any project(s) scheduled to them within a 15-mile radius of their
home address. These projects may be in an assigned store that the employee visits weekly or in
a surge store. A surge store is a store that RMS does not have ongoing continuity work in, but
instead has temporary services in. Refusal to complete an assigned project that falls within an
employee’s assigned territory is considered insubordination and may be grounds for termination
of employment.
Store Reports
If a projects requires an employee to utilize the RMS Mobile App, Retail Excellence (REX) to
report work, the store reports are required to be submitted while completing the project in the
store in “real time.” Any projects that do not require the use of REX should be reported on the
RMS Web Portal the same day the project was completed. Employees must complete all store
report requirements and submit their time sheet on the RMS Web Portal in order to get paid.
Timeliness is essential to being paid correctly.
When completing multiple store reports for the same service day, projects should be reported in
the order they were actually completed in the store.
vendor log. Employees must sign in and out of each vendor log every visit. Failure to do so or
falsifying this data is sufficient reason for RMS to terminate an employee’s employment.
Timeliness
An RMS employee’s job is extremely important. Almost every service is time sensitive. RMS
must report and bill our clients in a very prompt manner. Therefore, it is absolutely essential that
all services and paperwork be completed in a timely manner. This includes reporting services
through the RMS Mobile App or the RMS Web Portal. Services not completed or reported on
time may not be able to be billed to the client. The client also may not receive the information
RMS committed to providing them by the specified due date. Failure to observe the following time
requirements is poor performance and may result in termination of employment:
All services must be completed and reported on or before their scheduled due date
Accurately report all projects on the RMS Mobile App while in store or on the RMS Web
Portal on the same day the employee services in store
Timesheets are due within 24 hours from the last day of the pay period
Employees should complete all services for that pay period prior to submitting their
timesheet
Employees are at risk for not being paid timely for any service that is reported after
the scheduled deadline for that service
Touring Stores
RMS reserves the right to evaluate every employee’s performance. Stores are toured regularly
by home office personnel and Field Coordinators. Some tours are announced to employees in
advance, but others are unannounced. Store tours are done so that RMS can assess the
employee’s effectiveness in the store and the degree to which they are complying with RMS
policies and service procedures.
In addition to the evaluation, the tours are used to provide additional training. These training
sessions are to help employees service more efficiently while making sure all tasks are being
completed accurately.
It is very helpful if employees are available during an announced tour. We will make reasonable
attempts to accommodate an employee’s schedule so they can participate in the tour. This gives
RMS a chance to hear what challenges employees are facing in the field and learn how we can
help employees complete services more effectively.
Tour Results
If an employee’s performance is not meeting RMS standards, they will receive communication
identifying the specific issues. Employees will typically be given a reasonable period of time to
correct all issues and bring their servicing up to RMS standards. The employee’s servicing will
be reevaluated at the end of the period. Employees who fail to improve their performance will be
subject to corrective action up to and including termination of employment.
Election Leave
In some cities, counties, municipalities and/or states, a registered voter may take time off
from work to vote in an election. This time away from work is generally considered to be
unpaid, unless city, county, municipality and/or state law requires differently. Employees
must notify Human Resources at hr@rmservicing.com not less than two working days
before the day of the election that he or she requires time off to vote and to request pay,
if applicable.
Requests for personal time off must be submitted to Human Resources a minimum of 14
calendar days prior to the time of commencing. Failure to request time off without a 14
calendar day notice may result in the request being denied.
Upon receipt of the request for personal time off, Human Resources will attempt to find
coverage. All requests for personal time off are pending until coverage is confirmed and
the employee requesting coverage has obtained approval from Human Resources.
Requests for personal time off may be denied if coverage cannot be found or for business
necessity.
Medical Leaves
A medical leave of absence may be granted to field employees for a maximum of eight
weeks during any rolling 12-month period of time. Additional time beyond the eight weeks
may be approved based upon business needs.
Upon receipt of the request for a medical leave of absence, Human Resources may
request a medical certification from the employee’s treating physician prior to the leave
being approved.
An employee’s exact status, position, location or pay cannot be guaranteed during the
leave, except where state and/or federal law states otherwise. If an employee has been
replaced due to business necessity, the company will attempt to find a suitable opening
upon the employee’s return. If a suitable opening is not found within five days of the
employees scheduled return, termination may result.
This policy will run concurrent with the Family and Medical Leave of Absence Policy for
employees who are eligible.
The Company reserves the right to refuse the leave based on business needs.
Employees must notify Human Resources of their intent to return to work at least one
week prior to their intended return date. Human Resources must receive a medical release
completed by a physician before the employee is allowed to return to work at the end of
the leave.
To care for the employee’s child during the first 12 months following birth or
placement with the employee through adoption or foster care;
To care for a spouse, son, daughter or parent with a serious health condition;
For incapacity due to the employee’s pregnancy, prenatal medical or child birth; or
Because of the employee’s own serious health condition that renders the
employee unable to perform an essential function of the job
If the need to use FMLA leave is foreseeable, the employee must give the company at
least 30 days’ prior notice of the need to take leave. When 30 days’ notice is not possible,
the employee must give notice as soon as practicable. A request for an FMLA leave
should be submitted in writing to the Human Resources Department.
In cases where a married couple is employed by the same company, the two spouses
together may take a combined total of 12 weeks’ leave during any 12-month period for
reasons one and two, or to care for the same individual pursuant to reason three.
Employees who would like to take a leave under the FMLA should contact the HR team
at HR@rmservicing.com to determine if they are eligible.
Military Leaves
Employees who are required to fulfill military obligations in any branch of the Armed Forces
of the United States or in state military service will be given the necessary time off and
reinstated in accordance with federal and state law.
The time off will be unpaid, except where state law dictates otherwise. Military orders
should be presented to Human Resources and arrangements for leave should be made
as early as possible before departure. Employees are required to give advance notice of
their service obligations to the company unless military necessity makes this impossible.
The employee must notify Human Resources of their intent to return to employment based
on requirements of the law. Additional information regarding military leaves may be
obtained from Human Resources.
At the time of termination, employees are not eligible to cash out paid leave for a future
date, unless the law states otherwise.
General Transportation
A standard mileage reimbursement rate of $0.45 per mile will be used to calculate
reimbursement for employees using their personal vehicle for company approved
transportation. Store number, date of travel, business purpose and actual miles driven
must be included on the employee online expense report in order to obtain reimbursement.
Car Rental
Employees who are required to travel over 300 miles in a trip may be required to use a
rental car. RMS will make the final decision in regards to using a rental car or an
employee’s own personal car, based on the most cost effective method for the Company.
RMS typically pays for car rentals ahead of time, but if the employee pays for the car
rental, they will be reimbursed at actual expense as long as prior approval has been given
by RMS. Gasoline costs are also reimbursed at actual expense. Original receipts are
required and must be submitted with the expense report (store number and employee
number must be written on all receipts.)
RMS carries a blanket auto insurance policy that covers rental cars leased by employees
for RMS business purpose. Auto liability insurance must be declined when renting cars
for RMS business purposes. RMS will not reimburse employees for any auto liability
insurance.
Airline Transportation
Airline transportation is rarely required, however if it is necessary or more cost effective to
travel by air, the airline costs and travel time must be approved by RMS prior to traveling.
RMS will pay the cost of commercial airline travel for RMS employees only at the lowest
available rate at the time of the reservation based on a reasonable flight schedule. First
class travel is never reimbursed.
In cases where cancellation fees or penalties are incurred as a result of a change of plans,
the fees will be reimbursed if there is a valid business reason for the change of plans.
Lodging
In cases where overnight accommodations are required and authorized, RMS will
reimburse lodging expenses at actual cost. Employees must receive authorization from
RMS prior to making travel arrangements. Employees must use standard single room
accommodations at medium range hotels (i.e. Holiday Inn Express, Hampton Inn and
Fairfield Inn.) The additional cost of room upgrades is not reimbursable. Store number
and employee numbers must be written on all receipts.
Meal Reimbursement
Meal reimbursements are not allowed unless traveling overnight on RMS business or
approved by Human Resources.
When the employee submits an online expense claim, the employee will need to have an
accompanying hotel receipt in order for meal reimbursement approval. Employees will be
reimbursed only for the meals in which they are away on business.
For example, an employee who leaves at 9:00 am then works and travels on company
business for eight hours and returns home the following day at noon, would be reimbursed
lunch and dinner for day one and breakfast for day two. Employees may not expense
breakfast when first traveling from home. Employees should use discretion when planning
their travel agenda.
Meals will be reimbursed at actual expense as long as the expense is at or under the meal
allowance.
The employee may expense breakfast from the hours of 5:00 am through 11:00 am.
The employee may expense lunch from the hours of 11:00 am through 4:00 pm.
The employee may expense dinner from the hours of 4:00 pm through 9:00 pm.
For example, an employee may not expense a dinner reimbursement during the lunch
hours.
Meals are reimbursed at actual cost and original receipts must be submitted for
reimbursement. Employee receipts must be itemized for reimbursement. Store number
and employee number must be written on all receipts.
Miscellaneous Expenses
Miscellaneous travel expenses, such as parking fees and tolls, are generally not
reimbursed when expenses are incurred by employees while servicing their assigned
store(s). The exception would be if the only route available to and from an assigned store
requires the employee to utilize a road that has a toll. Parking fees would only be
reimbursed for an employees assigned store if there was no other unpaid parking option
available. In either situation, the employee must obtain prior approval from RMS in order
to receive reimbursement for these types of expenses.
Miscellaneous travel expenses incurred for employees traveling for business purposes
other than the routine servicing of their assigned stores (such as temporary coverage or
training) are reimbursed at actual cost if the expense is reasonable and the purpose of the
business travel was approved in advance by RMS.
Note: Tolls are not reimbursable if there is a reasonable, alternate route available.
Postage to mail original receipts and the attached expense report is reimbursable.
Expense Reporting
All expenses reported must be substantiated by original receipts. Receipts for each travel
occurrence must be stapled to the Ticket Cover Page from the RMS Web Portal and
mailed to the home office. In the event it is impractical to obtain a required receipt or if
such receipt has been inadvertently destroyed, the employee must furnish a written
statement to that effect and explain the expenditure involved, including the store number
and employee number.
This policy supersedes all previous notification regarding company reimbursed travel
expenses.
Drive Time:
Employees will receive compensation from the time they leave their home to the time they
get to the store and also for the time spent on the drive back home. Drive time is paid at
$10/hour, unless minimum wage laws require a higher amount, the employee would be
paid the higher rate. It is required that travel is the most direct route to and from the
business destination and does not include time spent for personal business. Travel time
to and from the employee’s assigned store(s) is unpaid as this is considered to be regular
commuting time.
Mileage:
For work completed in locations more than 15 miles from the employee’s home they will
be reimbursed $.45 per mile for all miles driven in excess of 30 miles (15 miles there and
back are not compensated).
To calculate, the employee should take their total miles driven and subtract 30 miles. For
example, if an employee agrees to cover a store that is 25 miles away they will be driving
a total of 50 miles. The employee will be paid for 20 miles (50 miles subtracted by 30
miles) at $.45 per mile. In this example the mileage expense reimbursement would be
$9.00.
Drive Time:
The Certified Trainer will receive compensation from the time they leave their home to the
time they get to the store, and for the time spent on the drive back home. Drive time is
paid at $10/hour, unless minimum wage laws require a higher amount, the employee
would be paid the higher rate. It is required that travel is the most direct route to and from
the business destination and does not include time spent for personal business. Travel
time to and from the employees assigned store(s) is unpaid as this is considered to be
regular commuting time.
Mileage:
Employees will be reimbursed for all mileage driven at the rate of $.45/mile.
Overtime
Accruing overtime is prohibited without advance authorization from RMS. Failure to obtain
advanced approval, prior to the overtime accrual, will result in disciplinary action, up to and
including termination of employment. We expect all employees work within the standard work
period defined by their home state laws:
AK May not exceed eight hours per day or 40 hours in a week
CA May not exceed eight hours per day, 40 hours in a week or work seven
consecutive days
CO May not exceed 12 hours per day or 40 hours in a week
KY May not exceed 40 hours in a week or work seven consecutive days
NV May not exceed eight hours per day or 40 hours in a week
RI May not exceed 40 hours in a week, work on Sundays or the following
holidays:
New Year’s Day: January 1st
Memorial Day: Last Monday in May
Independence Day: July 4th
Victory Day: Second Monday in August
Labor Day: First Monday in September
Columbus Day: Second Monday in October
Veterans’ Day: November 11th
Thanksgiving Day: Fourth Thursday in November
Christmas: December 25th
All other states May not exceed 40 hours in a week
Payroll
There are 26 pay periods in each year and payroll checks will be issued every other week.
Payment is made on the bi-weekly pay period following the completion of these requirements (on
line reporting system, submitting timesheet). If these items are not completed within 24 hours of
the payroll date, those services may be paid on the subsequent payroll date.
Inaccurately reporting work hours is considered fraud and may be grounds for immediate
termination. Employees may only report hours for work actually completed, and must report all
time worked.
Likewise, if an employee spends less time than the estimated service time, the actual time spent
completing the work should be reported.
If a service is capped, employees are required to spend the full service time on the project and
should not work more time than what is scheduled.
Time spent on work tasks that are not considered to be “De Minimis” (i.e. small increments of
time) that cannot be included in a store report should be reported to RMS by emailing
office@rmservicing.com.
Time Records
Accurate time records are important to ensure correct payment calculations and legal
recordkeeping requirements are satisfied. Non-exempt employees must accurately record all
hours of work (including drive time if applicable) on the RMS web portal. Employees must submit
these records on the RMS web portal the same day of completing a service. Employees may not
record any hours of work for anyone except themselves. Any violation of this policy may result in
disciplinary action, up to and including termination of employment.
Eligibility
Eligible employees are those who have met the following criteria during the quarter:
Worked at least five hours during the quarter, and
Had an active status or on call status during the entire quarter, and
Achieved performance ratings that are in the top 50 percent of all field reps that
quarter, and
Have not received any Corrective Actions during the quarter, including verbal
warnings, written warnings and final written warnings
Bonus Amount
The bonus amount is based on hours worked in the quarter for each rep. The more hours
a rep works by covering, training and servicing, the higher their bonus potential will be.
All in-store servicing time is counted, including time spent training and covering other
stores, provided the corresponding service reports and timesheets are submitted in a
timely manner. Drive time and time spent on ad-hoc surveys will be not counted as eligible
hours for the bonus allocation each quarter. Failing to submit a timesheet by the
established deadlines will result in those hours being excluded from the bonus calculation.
Confidential Page 27 August 2020
RMS Field Employee Policies
Background Checks
Every offer of employment with RMS will be made contingent on a background investigation.
At any point during an employee’s tenure with RMS, if the employee is convicted of a crime, the
employee must disclose the conviction to Human Resources within five days of the actual
conviction date. Any employee who is charged with a felony crime, must also disclose the charge
to Human Resources within five days.
Current RMS employees who transfer to a new position or are promoted to a new position may
be required to successfully pass a background check as a condition of the transfer or promotion.
Employees of RMS may not manufacture, use, possess, sell, transfer, dispense, or
distribute illegal drugs during normally scheduled work hours, including breaks and meal
times or while on RMS property, RMS customer property, or while using or operating
vehicles, equipment or machinery owned by RMS
Employees of RMS are prohibited from being at work under the influence of illegal drugs
or alcohol, including drugs prescribed by a doctor, when the employee’s alertness,
coordination, reaction, response or the safety of the employee or others is adversely
affected by such drug or alcohol use
Employees of RMS who are properly using prescribed medication that adversely affects
their alertness, coordination, reaction, response or the safety of the employee or others
should notify RMS immediately so appropriate steps can be taken to ensure the safety of
the employees and others
Employees are prohibited from using illegal drugs while employed by RMS
Drug Testing
Reasonable Suspicion Testing: RMS may require a current RMS employee to undergo drug or
alcohol testing if RMS reasonably suspects that the employee:
The testing procedures utilized by RMS will detect the presence of illegal drugs, even if the
individual is not then under the influence of the substance. The tests utilized for alcohol use will
indicate the presence of alcohol if the individual is then under the influence of alcohol or if the
individual has recently consumed alcohol.
Fleet Policy
Motor vehicle records (MVR) shall be obtained as a condition of employment with RMS.
Employment, if offered to an applicant, shall be conditional upon a favorable review of the MVR.
Current RMS employees who transfer to a new position or are promoted to a new position may
be required to successfully pass the motor vehicle record check as a condition of the transfer or
promotion.
An applicant or employee with a Type A violation in the prior three years has an unacceptable
record.
An applicant or employee with three or more Type B violations in the prior two years has an
unacceptable record.
If an applicant has no driver’s license the applicant may be considered for employment if the
applicant or employee certifies to RMS that they will not drive a vehicle while performing company
business and can commit to completing all assigned projects in the stores within a 15 mile radius
of their home address, as well as temporarily cover stores on an occasional basis outside a 15
mile radius of their home address.
Employees who drive their personal vehicles for work for company business are required to:
Carry liability limits at least equal to the minimum required by the state in which the vehicle
is registered
Never drive the vehicle while under the influence of drugs or alcohol
Never use a cell phone while driving, including text messaging
Always wear a seat belt
Immediately report any accident that occurred while on company business
The goal of the safety program is the prevention of accidents and injuries, the preservation of
equipment and capital and the achievement of safe working practices. In order to accomplish
these goals, it is RMS’s policy to:
Take all action necessary in planning, designing, assigning, supervising and performing
work operations that establish and maintain a safe and healthy working environment
In emergency situations where all people need to be in an internal or external area as directed by
the store leadership team, employees should follow store protocol and meet at the external or
internal rally point identified by the store. It is the responsibility of each employee to understand
where the rally points are in the specific store they are working in.
RMS’s procedures, safety training and directives are designed to be an integral part of the
development of safety processes. It is the responsibility of each RMS manager and supervisor
to effectively implement these processes, and the responsibility of each RMS employee to comply
with these guidelines.
In rare circumstances, there may be projects that require completion outside of store operating
hours. In these cases, RMS will work with the retail chains headquarters team to gain approval.
It is also the employee’s responsibility to work with the leadership team in the retail store to solidify
a plan. Depending on the retailer and specific store, arrangements may need to be made to allow
for work to be completed outside of store operating hours.
Safety Committee
The RMS Safety Committee was established to increase the overall safety and health program
by reducing injuries and their related costs. The committee is doing this by increasing safety
communication, raising awareness, raising enthusiasm for safety and by proactively preventing
accidents through major activities that include:
It will be a violation of this policy for any individual to engage in verbal or physical conduct that
intimidates, endangers or creates the perception of intent to harm persons or property. Examples
of violence include, but are not limited to:
Physical assaults or threats of physical assault, whether made in person or by other means
(e.g., in writing, by phone, fax, e-mail or text message)
Verbal and nonverbal conduct that is intimidating and has the purpose or effect of
threatening the health and safety of a co-worker
Possession of firearms or any other dangerous weapon on company property, in a vehicle
being used on company business or at a work-related function
Any other conduct or act that management believes represents an imminent or potential
danger to work place safety/security
RMS will promptly investigate any reported occurrences or threats of violence. All reports should
be directed to Human Resources at (800) 777-3767. If there is an immediate threat while the
employee is working in a specific store, the store’s leader or manger on duty should also be
notified.
In case of a serious medical emergency, employees should call 9-1-1 and seek immediate
medical attention.
If the injury causes loss of work time, the employee will be required to submit a written note from
their doctor stating the length of time they will be out of work and work restrictions, if any.
A doctor’s note is required upon returning to work stating the employee is able to return to work
with or without any restrictions.
It is RMS’s policy to comply with applicable state laws and to aid any employee whose injury or
illness is determined to be compensable under the provisions of the state's workers'
compensation act. RMS does not retaliate against employees who exercise their rights under
workers' compensation laws.