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Crain Management Group, LLC
5980 Wadley Road • P.O. Box 6070
Sherwood, AR 72124
(501) 542-5200
Associate Handbook
Revised March 2015
TABLE OF CONTENTS
Advance Notice and Medical Certification (under FMLA)......................................................................16
Anniversary Bonus Policy ........................................................................................................................15
Arkansas Federal Credit Union ................................................................................................................19
Associate Background Checks ..................................................................................................................27
Associate Charge Account Policy..............................................................................................................31
Associate Parking ......................................................................................................................................19
Associate Purchases ..................................................................................................................................31
Attendance/Absenteeism ..........................................................................................................................20
Bulletin Boards ..........................................................................................................................................22
Consolidated Omnibus Budget Reconciliation Act (COBRA) ................................................................17
Contact with Media ..................................................................................................................................22
Credit Applications & Confidential Information ........................................................................................8
Customer Information ................................................................................................................................9
Customer Service ........................................................................................................................................8
Demonstrator Policy ..................................................................................................................................23
Demonstrator Allowance ..........................................................................................................................27
Direct Deposit............................................................................................................................................19
Disciplinary Action - Violation of Company Rules of Conduct ..............................................................35
Dress Code Policy......................................................................................................................................21
Drivers of Company Vehicles ....................................................................................................................22
Drug and Alcohol Use ..............................................................................................................................20
Employee Vehicle Purchase Program ........................................................................................................34
Employment and Benefits Status (under FMLA) ....................................................................................17
Employment Categories ............................................................................................................................13
Employment Reference Checks ................................................................................................................27
Employment Resignation ..........................................................................................................................28
Equal Opportunity Employer ......................................................................................................................6
Family or Medical Leave of Absence........................................................................................................16
FMLA Amendments ..................................................................................................................................65
Fuelman Policy ..........................................................................................................................................23
General Notice of Preexisting Condition Exclusion ................................................................................66
Group Insurance Plan ................................................................................................................................14
Health Insurance Deductions ....................................................................................................................13
Hiring of Relatives ....................................................................................................................................28
History ........................................................................................................................................................5
Holiday ......................................................................................................................................................14
Hours of Work ..........................................................................................................................................12
Immigration Law Compliance (I-9 Form) ..................................................................................................6
In Closing ..................................................................................................................................................37
Intermittent or Reduced Leave (under FMLA) ........................................................................................16
Internet & Email Policy ............................................................................................................................28
Introductory Period......................................................................................................................................6
IRS Cash Reporting Rules ........................................................................................................................30
Jury Duty ..................................................................................................................................................18
Lay-off ......................................................................................................................................................19
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Leave Year (under FMLA) ........................................................................................................................16
Lost and Found ..........................................................................................................................................28
Lunch Periods ............................................................................................................................................15
Medical Insurance Coverage (under FMLA) ............................................................................................17
Military Leave ..........................................................................................................................................15
No Harassment Policy ................................................................................................................................6
Open Door Policy ........................................................................................................................................9
Other Rights and Obligations (under FMLA) ..........................................................................................17
Overtime ....................................................................................................................................................12
Pay Advances ............................................................................................................................................12
Paychecks ..................................................................................................................................................10
Payroll Deductions ....................................................................................................................................12
Performance and Pay ..................................................................................................................................7
Personal Leave ..........................................................................................................................................15
Personal Telephone Calls ..........................................................................................................................28
Personnel Records ....................................................................................................................................28
Pledge Regarding Use of Demonstrators ..................................................................................................25
Polygraph Tests ............................................................................................................................................8
Reasons for Taking Leave (under FMLA) ................................................................................................16
Recording of Outgoing and Incoming Calls ..............................................................................................9
Reimbursement of Company Expenses ....................................................................................................31
Security Inspections ..................................................................................................................................29
Smoking Policy..........................................................................................................................................29
Solicitation ................................................................................................................................................30
Suggestions and Problems ........................................................................................................................19
Telecheck Policy, Procedure & Warranties................................................................................................32
Time Cards (Timekeeping)........................................................................................................................11
Time Off To Vote ......................................................................................................................................30
Unauthorized use of Company Vehicles or Customer Vehicles Considered Theft ..................................26
Vacation Policy ..........................................................................................................................................14
Vehicle's Operator Agreement ..................................................................................................................22
Welcome ......................................................................................................................................................4
WHCRA Enrollment Notice......................................................................................................................67
Worker’s Compensation and Job Safety ....................................................................................................31
You And Crain Automotive ........................................................................................................................6
Your Benefits ............................................................................................................................................14
Your Conduct, Performance and General Information..............................................................................20
Your Job ......................................................................................................................................................6
Your Pay ....................................................................................................................................................10
Your Promotion/Transfer Opportunities ......................................................................................................7
Your Supervisor ..........................................................................................................................................8
401(k) Plan ................................................................................................................................................19
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WELCOME
Welcome to Crain Management Group, LLC!
Crain Management Group, LLC is a holding company with majority interests in a group of diversified
companies. The holdings include interests in auto dealerships, radio and TV broadcasting as well as
investment real estate. Payroll operations for the following companies are handled by Crain Automotive
Holdings, LLC:
Crain Ford Jacksonville
Crain Ford of Little Rock
Crain Kia of Conway
Crain Kia of North Little Rock
Crain Hyundai of North Little Rock
Crain Hyundai of West Little Rock
Crain Hyundai of Bentonville
Crain Hyundai of Fayetteville
Crain Buick GMC of Springdale
Crain Buick GMC
Crain Chevrolet
Crain Mazda
Crain RV
Payroll operations for other The Crain Companies are handled by the respective entity. This Associate
Handbook applies to all Associates of Crain Companies to which it is given. It may not apply to all
entities to which Crain Management Group, LLC or its subsidiaries or affiliates are involved. Please
check with your supervisor to determine if your employment is guided by these policies. Additionally,
not all policies apply to every associate or every company. The inclusion of a policy herein does not grant
a right or benefit not otherwise granted to an associate.
We developed this Associate Handbook in order to help explain and clarify our compensation and human
resources programs. At The Crain Companies, we refer to our team members, employees and partners as
“associates”. We are all associated in making the company successful and profitable. We want you to
think of yourself as “owners” in the sense that you want the Crain Company you’re employed by to grow
and continue its success as much as we do.
We hope you will enjoy your work here, and that this Associate Handbook will help you get off to the
right start. Our company’s progress and success depends on the cooperation and teamwork of each
associate.
Please use this handbook as a guideline to maintain the good reputation of The Crain Companies. This
reputation is possible only when each associate gives his/her best effort while at work. We hope that you
will be happy in your work here.
Sincerely,
Larry Crain, Sr.
Chris Crain
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COMPANY INFORMATION
History of the Crain Companies
The Crain Companies began as “Paul Crain Wholesale” in Searcy, Arkansas in the early 1950’s. “Mr. Paul”,
Larry Crain, Sr.’s father started out “peddling” tire repair items, health and beauty aids, fishing tackle and other
general merchandise out of the trunk of his car. His customers were primarily small town “mom and pop”
grocery stores and service stations. His business grew first into a van and later to a small “warehouse” (also
his garage) and association with other peddlers, namely Hartsell Capps and Wendal Pettus. The seat of the
pants operation grew up to the time Larry Crain, Sr. came on the scene in 1966. Larry had graduated from the
University of Arkansas with an accounting degree, passed the C.P.A. exam and worked three years for the Peat
Marwick Mitchell accounting firm and decided he wanted to go into business for himself.
In 1966, the company, then known as Crain Sales Company, built a new sprawling (10,000 square feet)
headquarters on Highway 36 in Searcy, which in an expanded form (50,000 square feet) served as the
company’s headquarters and main distribution facility until July 1992 when the company moved to the new
72,000 square feet office and warehouse in North Little Rock. In 1977, Larry Sr. and Danny Lesley purchased
Kargo, Inc. of Memphis from U-Haul Company. Kargo, Inc. of Memphis expanded, and was merged into The
Crain Companies in a new 30,000 square foot facility on Mendenhall Road in Memphis.
Beginning in the early 1980’s, the company saw an industry trend and customer need for free-standing auto
stores and opened its first KarPro in Searcy (Store #2). During the 1980’s and up until 2000 the company
expanded by acquisition and new locations to more than sixteen locations. In September 2000 a majority of the
automotive parts distribution facility was merged into the O’Reilly Auto Parts operation.
3rd generation Crain’s joined the family business after graduation from the University of Arkansas, first Larry
Crain, Jr. in 1985 and then Chris Crain in 1994.
In 1990 The Crain Companies purchased a Ford Dealership in Benton, Arkansas and renamed it Freeway Ford
Lincoln Mercury. In 1992 a sister dealership in Memphis was purchased and operated as Midway Ford. In
1999 Crain acquired the Landers North Facility from United Auto Group and was awarded the Kia franchise.
Later that year Crain acquired Service Chevrolet Oldsmobile from Cliff Peck and Crain sold Midway Ford in
Memphis to United Auto Group to focus on growing the Central Arkansas market. Crain began operating all
dealerships under the Crain Automotive Team umbrella as Crain dealerships. Throughout the next decade Crain
further expanded the dealership operations to include 9 dealership locations and an RV store. Many stores have
been recently relocated or renovated to meet the changing needs of its valued customers.
In 2002 Crain had the opportunity to purchase Caldwell Broadcasting of Searcy and renamed the company
Crain Media, operating three FM and three AM radio stations. Crain Media added a fourth FM station later in
2002. In 2006 Crain Media purchased three FM stations from Archway broadcasting. Currently Crain Media
operates 6 FM radio stations throughout Central Arkansas.
Crain Management Group, LLC is led by Larry Crain, Sr. and Chris Crain
The company is pleased to have many other long-term and loyal associates and the management means it when
they say “America’s Best Associates - The Crain Team’s Got ‘em!”
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YOU AND CRAIN AUTOMOTIVE
Your Job
Your job is important to you, your family, and the company. It provides you and your family with good
pay and benefits. It can also provide you with a sense of satisfaction and pride, especially when your job
performance reflects your best efforts.
Introductory Period
The first 90 calendar days of employment are considered your introductory period for all new associates.
All company paid associate benefits will begin after this period has been completed. At the end of the
ninety-day period, each associate will be reviewed to determine if the employment relationship is mutually
satisfactory. Employment during the introductory period and thereafter remains at-will so that either party
may terminate employment at any time and for any reason.
Immigration Law Compliance (I-9 Form)
The Company is committed to employing only citizens of the United States and aliens who are authorized
to work in the United States. The Company does not unlawfully discriminate on the basis of citizenship
or national origin. In compliance with the Immigration Reform and Control Act of 1986, each new
associate, as a condition of employment, must complete the Employment Eligibility Verification Form I9 and present documentation establishing identity and employment eligibility.
Equal Opportunity Employer
This company is an equal opportunity employer. All decisions and considerations which affect associates
and applicants for employment, including hiring, compensation, promoting, discharging, training,
transferring, laying off, returning from layoffs, and other terms and conditions of employment shall be
made without regard to race, color, sex, age, veteran status, disability, national origin, or religion. Also,
harassment in any form (including sexual harassment as defined by government EEOC guidelines) is a
violation of federal law and/or company policy, and will be subject to disciplinary action, which could
include termination.
No Harassment Policy:
The Crain Companies do not and will not tolerate harassment of our associates. The harassment includes,
but is not limited to slurs, jokes, and other verbal, graphic, or physical conduct relating to an individual’s
race, color, religion, sex, national origin, citizenship, medical condition, age or disability. Harassment also
includes sexual advances, request for sexual favors, unwelcome offensive touching, and other verbal,
graphic or physical conduct of sexual nature.
Violation of this Policy/Procedure will subject an associate to disciplinary action up to and including
immediate discharge.
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Procedures:
If you feel that you are being harassed in any way by another associate or by a customer, you should make
your feelings known to your supervisor immediately. The matter will be thoroughly investigated, and where
appropriate disciplinary action will be taken. If you do not feel your complaint has been handled, please
contact the General Manager.
Associates raising a complaint based on a legitimate perception of being subjected to any form of prohibited
harassment are protected from any form of reprisal or retaliation. Any perceived act of retaliation for making
a complaint of harassment is to be reported in the same manner as the initial complaint. Anyone found guilty
of acting in a retaliatory manner to an individual because the individual made a complaint is subject to
discipline, including discharge.
Complaints of sexual or other prohibited harassment raise serious implications and potential consequences
and are not to be lodged in bad faith or based on some ulterior motive. Rather, complaints are to be based
on the associate’s legitimate belief, whether correct or not, that he/she was or is being harassed in violation
of this policy. Complaints shown to be lodged in bad faith or as a form of harassment against the person
who is the subject of the complaint also constitute misconduct and may be grounds for discipline.
The Company hopes that this clarification on what constitutes prohibited harassment will assist associates
in being respectful of the rights and interests of others. However, any questions about the application of this
policy should be presented to the general manager.
Do not assume that the company is aware of your problem. It is your responsibility to bring your complaints
and concerns to our attention so that we can help resolve them.
Your Promotion/Transfer Opportunities
It is the policy of The Crain Companies to advance individuals on the basis of, among other things,
comparative skills, knowledge, ability, and a demonstrated high level of production. Associates interested
in moving to different job classifications within their own department or other departments must meet the
qualifications (where applicable) in order to be considered. Please contact your supervisor or Personnel for
more information on advancement opportunities.
Performance and Pay
Each job classification has a salary range. An associate may get merit raises within the salary range. Once
the top of the pay range has been reached within that job classification, in order to receive a pay increase,
either the associate must take on a different job classification or the salary range of that job must be raised.
Associates at the top of the range may then be raised when their performance is evaluated. However, there
is no guarantee that associates at the top level will be raised when the top pay increases.
Salaries or wages are reviewed periodically; but there is no set time frame for any pay change. Pay changes
are considered strictly on a merit basis unless deemed otherwise by management.
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Your Supervisor
Your supervisor is interested in your job performance and personal development. Ask your supervisor
about anything you do not understand. It may be a problem of a personal nature or something concerning
your work. Also you may request - and will be granted- an opportunity to discuss such matters with any
level of management including the President.
Polygraph Tests
Under certain circumstances and in compliance with the Employee Polygraph Protection Act of 1988 and
applicable state law, the Company may require associates to take a polygraph test in the event the
Company experiences a theft or other economic loss. However, the results of a polygraph test will not be
the sole basis for an employment action taken by the Company as the result of the incident for which a
polygraph is administered.
Occupational Safety & Health
If your job requires that you use hazardous or toxic materials, you are expected to comply with all federal,
state and local laws and regulations, including OSHA, concerning their safe handling and disposal. You
are expected to familiarize yourself with proper handling and safety procedures and to comply with all
safety procedures and practices applicable to your department or job. Additionally, if you find any unsafe
condition or practice, notify your supervisor or department head immediately. If you have any questions,
please discuss them with your supervisor.
Customer Service
The customer should always be first. Without the customers, our company would have no reason to exist.
The customer buys our products. That purchase generates income for The Crain Companies. That income
pays salaries, benefits, building rent, utilities, etc. As you can see - customers are vitally important for
The Crain Companies. Please do your part in not only gaining new customers but in keeping those current
customers coming back again and again because they receive high quality workmanship on a timely basis.
Credit Applications, Reports, and use of Confidential Information
You may have access to confidential information regarding our company’s operations or customers. It’s
one of your most serious responsibilities that you in no way reveal or divulge any such information and
that you use it appropriately and only in the performance of your duties. No aspect of the Company’s
operations or business activities is to be discussed with any non-Crain associate. Additionally, such
information is not to be subject to general conversation or gossip among employees. How we do business
is propriety information, and any associate who releases any such information in any form, whether
through verbal discussion or the release of a document, or who discusses such information with associates
in a manner that the Company determines injurious to its business interests is subject to immediate
termination.
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Customer Information
False or misleading information knowingly provided on a credit application taken or submitted by an
associate is grounds for immediate dismissal. Credit applications are legal regulated documents that must
be in conformity with federal law.
No associate of this Company may obtain a credit report on anyone who is not a customer. You may obtain
a credit report on a customer only after the customer has signed a credit application authorizing you to
obtain the report.
Any information that we obtain from a credit report or from a customer about that customer will be treated
as CONFIDENTIAL and will not be released or disclosed to anyone outside the Company except in
conjunction with the specified transaction to which the customer is attempting, nor will it be used for
anything but proper business purposes.
All customer and prospect information that you receive in the course of your employment remains the
exclusive property of the Company. When you terminate your employment with the Company, you are
required to return all such information to your manager. You are also required as a condition of your
employment here that you will not use any of the customer information that you obtain here in subsequent
employment.
Any violations of these policies may subject you to immediate termination.
Recording of Outgoing and Incoming Calls
The value of proper call handling is crucial for our businesses. The benefits of phone call training are
obvious, and this training is enhanced by using “real call” examples. These examples allow us to
acknowledge a job well done, track leads and sales opportunities as well as isolate possible needs for
improvement. Effective March 5, 2012, all Crain Companies began recording all outgoing and incoming
calls to all numbers including direct dial lines.
Open Door Policy
The Crain Companies have an open door policy. If you have questions about policies, practices or even
personal concerns, you can talk to your supervisor first or you can request to speak to other members of
management.
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YOUR PAY
Paychecks
All hourly associates will be paid on a Monday through Sunday work week, with checks distributed every
Friday for the week ending the preceding Sunday. All associates must record the time they work by clocking
in/out on the Timekeeping System or other designated timekeeping device. Management must have all
timecards approved by close of business on Monday. Any problems dealing with an associate’s paycheck must
be directed to the General Manager of the facility.
Hourly associates are to punch out for a one-hour lunch or when leaving the work place for any reason other
than company business. No overtime should be worked and/or will be paid unless authorized in advance by a
departmental manager.
Managers
Managers pay plans will be determined by department and position held within the company. To be eligible
for incentive pay, managers must work through the end of the month and if leaving employment, at least two
weeks notice must be given.
Sales Associate Commission & Bonus Pay Plans (Automotive Dealerships)
The standard pay plan for sales associate is 30% of the payable gross on each unit sold paid as follows:
1st – 25% is payable at the time of sale. Any sale that is finalized and posted to accounting before
close of business Sunday, for the Monday through Sunday work week, will be paid to the associate
on the following Friday check as described above under Paychecks.
2nd – 5% is reserved for the 15th of the month bonus check. To qualify for the reserve money, a
sales associate must sell 10 units during the month to which the reserve applies.
Payable gross will be determined as follows: Sales price +/- overallowance/underallowance less inventory cost
less pack less holdback. The Company may set the pack amount at its discretion. Additionally, unit costs may
be adjusted up or down at the Company’s discretion. Documentary fees and lot fees are not included in gross.
The standard bonus pay plan is based on units sold during a month detailed as follows:
Tier 1: 13 units sold – $500.00 bonus, plus refund of demo charges as explained in the demo policy.
Tier 2: 17 units sold – Tier 1 plus an additional $500.00 bonus. Total: $1000.00 plus demo charges
Vacation Time for Service/Body Technicians & Service Advisors:
Service/Body Technicians Vacation will be paid at the rate of the LOWER of the following:
1.
2.
Example 1:
Average of the previous year’s gross wages.
Hourly Flag Rate
A technician has a flag rate of $15.00 / hr and made $35,000 gross wages for the previous year.
$35,000 / 52 / 40 = $16.83
Compare $16.83 with $15.00. Flag rate is lower. Vacation will be paid at $15.00 / hr.
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Example 2:
A technician has a flag rate of $17.00 / hr and made $35,000 gross wages for the previous year.
$35,000 / 52 / 40 = $16.83
Compare $16.83 with $17.00. Average of previous year’s gross wages is lower. Vacation will be paid at $16.83 / hr.
Service Advisors:
Vacation will be paid at average of previous year’s gross wages.
Example: Previous year’s gross wages: $40,000.00
$40,000 / 52 / 40 = $19.23
Vacation will be paid at $19.23 / hr.
School & Training Time for Service/Body Technicians & Advisors:
The rate for School & Training time is $10 / hour.
Time Cards (Timekeeping)
The Company may use an electronic timekeeping system to record the number of hours worked.
It is the responsibility of the associate to clock in and out of the system when reporting and/or leaving work.
Under no circumstances should an associate clock in/out another associate for any reason. Problems with
Timekeeping entries should be brought to the attention of that associate’s supervising manager. Only an
authorized manager may make a correcting entry to an associate’s time record. Any associates found violating
this policy, either by asking or allowing another to make a timekeeping entry or by making a timekeeping entry
for another associate will be Terminated.
Any missed punches not corrected by the time the card is approved at the end of the workweek will be time not
accounted for. The Crain Companies is not responsible for missed punches and therefore will not be liable for
paying for that time.
Associates are to clock in and be at their workstations at the beginning of their scheduled time.
Timekeeping Clock In/Out Procedures for associates utilizing “Reynolds and Reynolds” Timekeeping
software:
1) For access to timekeeping at login screen type:
USER ID:
PASSWORD:
CLOCK
CRAINTEAM1
2) To clock in enter:
EMPLOYEE NUMBER/NAME: Enter your employee #
PASSWORD: Enter your assigned 4-digit password
3) Punch type: Choose the number that matches what you are trying to do and press enter.
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4) If you are clocking in or out outside of your setup schedule the system will ask for a reason.
Enter this on the line and press enter.
Salesmen: Due to varying schedules all salesmen are setup from 8 am to 8 pm Monday thru
Sunday. When clocking in or out for the reason enter your team hours for that day.
5) At the command line choose one of the 3 options:
“E” then enter: To finish clock in/out and exit from Timekeeping.
“V” then enter: To view your time clocked for this week.
“Line #” then enter: To change either the punch type or reason before exiting out of Timekeeping.
If at any time you have a question, please contact your supervisor.
Anytime an associate leaves the premises for something other than work, he/she is required to punch out.
Hours of Work
The normal workweek is five days, Monday through Friday, eight hours per day, excluding one hour for
lunch. Your supervisor will inform you about your specific work schedule. Office and retail store
associates will be allowed to have drinks and small snacks at their desk, therefore no set breaks will be
necessary. Associates must obtain permission from their supervisor before coming on or remaining on
company premises at any time other than their scheduled work hours.
Overtime
Overtime assignment is determined by a number of factors and must be authorized by your supervisor.
Occasionally, it may become necessary for you to work more than your regularly scheduled workday or
week. When possible, you will be notified in advance of overtime requirements. Payments for overtime
will be paid to eligible associates in accordance with appropriate state and federal laws. Associates
working overtime without proper authorization will be subject to disciplinary actions.
Pay Advances
There will be no pay advances or loans against pay.
Payroll Deductions
Certain deductions will be made from your paycheck each payday. Law requires some of these and some
will be made at your request. These will be listed on your check stub. The mandatory deductions that will
be made are as follows:
1.
Social Security (FICA)
2.
Medicare Tax
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3.
Federal Withholding Tax
4.
State Withholding Tax
5.
Other authorized legal deductions
The company is required by law to withhold a portion of your earnings so that you are covered under the
Social Security Program. The company matches, dollar for dollar, the money deducted from your pay,
and both of these are sent to the Federal Government and applied to your Social Security account. The
amount of Federal and State taxes withheld depends on your earnings, your family status, and the number
of your dependents. In January you will receive a W-2 statement from the company showing your total
earnings and the amount of taxes withheld for the previous year. If your family status and the number of
dependents change, notify the Accounting Office promptly so that your deductions may be adjusted.
Deductions made at your request include such things as the credit union, United Way, or premiums for
insurance coverage, small tools, uniforms, etc.
Health Insurance Deductions
Associates are eligible to participate in the Company insurance plan 1st of the month following
completion of the 90-day trial period. In order to better assist our associates, the Company pays for a
portion of the cost of the insurance for the associate. Depending on the choice of coverage, the following
amount will be deducted weekly before taxes (i.e.: Health Benefit Payments by an associate are made
“pretax” saving the associate Federal, State and Social Security taxes).
Effective 10/01/2014
1) Associate
2) Associate plus one child
3) Associate plus two or more children
4) Associate plus spouse or family
*All rates subject to change
$32.00*
$64.00*
$74.00*
$74.00*
Employment Categories
Non-exempt - Associates who are eligible for overtime in accordance with appropriate state or federal laws.
Exempt - Consists primarily of executive, administrative, professional and outside sales associates.
Associates in these categories are normally salaried and are not normally eligible for overtime
compensation.
Full-time Associate - One who works a minimum of 40 hours per week on a regular basis.
Part-time Associate - One who works less than 40 hours per week on a regular basis.
Temporary Associate - One who works on a short-term project or assignment of a purely temporary nature,
which usually does not exceed 6 months.
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YOUR BENEFITS
Group Health Insurance
The company provides full-time associates with the opportunity to enroll in an Employee Health Benefit
Plan sponsored and subsidized by the company.
Holidays
Holiday pay is available to full-time associates.
To receive holiday pay, full-time associates must have completed 90 calendar days of full-time
employment, and they must work 8 hours the day before and 8 hours the day after the holiday, unless
granted a variance by management.
The following holidays are observed by The Crain Companies:
New Year’s Day
Labor Day
Memorial Day
Thanksgiving Day
Independence Day
Christmas Day
If a holiday falls on a weekend, management will determine which workday will be taken as a holiday.
Since many facilities are required to be open on certain holidays, an alternate day may be chosen for the
day off or hourly personnel may be required to work on holidays and be paid for time worked and holiday
pay in lieu of a day off.
Vacation Policy
Vacation pay is also available to full-time associates.
Vacation time will be earned as follows:
1.
At the end of one full year of continuous employment, one week of paid vacation will be earned
and available to be taken prior to your next anniversary date, in accordance with the guidelines set
forth in #3 below. Unless properly approved by management in advance, the associate as of their
anniversary date will forfeit any vacation time earned and not taken each year.
2.
At the end of the second and subsequent full years of continuous employment, in addition to the
one week of paid vacation earned as explained in #1, a second week of paid vacation will be
earned and available to be taken.
3.
All vacation time must be scheduled at least four (4) weeks in advance with your supervisor (See
request process). Seniority will be used as the basis for granting vacation requests, or for settling
disputes over vacation periods. Management may ask you to cancel a scheduled vacation if the
job requirements call for such action, but this will only be done if absolutely necessary.
4.
Advance vacation pay will not be made.
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5.
When voluntarily terminating employment, if at least two working weeks of notice are given, with
the final workday being a Friday (or Saturday if scheduled), you will receive any regular vacation
pay earned and not used. This applies to the one week of vacation identified in #1 above, but does
not apply to the additional week of vacation. Voluntarily terminating associates who fail to
provide the two-week notice forfeit their right to any vacation pay.
6.
Involuntarily terminated associates forfeit their right to any vacation pay.
Vacation Request Process
1)
2)
3)
4)
Fill out all requested information, date, sign, and turn in to supervisor. Use the comment section
if requesting under special circumstances.
If approved, Supervisor will sign and forward to Accounting department for determination of
available days earned for vacation.
The Accounting department will determine the number of days available for vacation for the
associate. If not less than the number of days requested, Accounting will approve and create a copy.
The original will be filed in the associate’s permanent file and the copy will be returned to the associate.
If days requested exceed those available, the Accounting department will return to the Supervisor
for correction.
Lunch Periods
Your supervisor will schedule non-compensable lunch periods. Depending on work requirements, the
lunch period may be changed periodically. All associates are required to be in their work areas ready to
work at the end of the lunch period. Each hourly associate is required to clock out for lunch daily.
Personal Leave
Leaves for personal reasons may be granted in accordance with applicable state or federal laws. Such
leave requests must be submitted as far as possible in advance and must be approved by the appropriate
supervisor.
Military Leave
Members of the Armed Forces, including the Reserves and National Guard, will be granted leave in
accordance with the appropriate federal and state laws. Compensation during such periods of leave will
be in accordance with applicable laws.
Anniversary Bonus Policy
1.
Each hourly/non-commissioned associate will receive a number of days paid leave based on length
of employment. This amount will be paid at the end of each anniversary year in a lump sum total,
whether or not any days were taken.
1st Year:
2nd Year:
3rd Year & thereafter:
2.
2 days paid leave
3 days paid leave
5 days paid leave
You must be employed on your anniversary date in order to be paid for any paid leave days.
15
Family or Medical Leave of Absence
Associates who have been with the company for at least one (1) year and who worked at least 1250 hours
during the previous year will be eligible for “family leave” under the Family and Medical Leave Act. This
provides eligible persons with up to twelve (12) weeks unpaid leave during a twelve (12) month period
for certain qualified family and medical situations.
Reasons for Taking Leave:
1.
For the care of the associate’s child (birth or placement for adoption or foster care);
2.
For the care of the associate’s spouse, dependent child or parent who has a serious health
condition; or
3.
For a serious health condition that makes the associate unable to perform the essential functions
of his or her job.
Leave Year:
For purposes of leave under this policy, the leave year (the 12-month period) shall be a “rolling
12-month period” measured backward from the date an associate uses any family leave.
Associates must utilize available vacation toward family leave. After vacation is exhausted, any
additional leave under this policy will be unpaid. Salaried associates will not be paid for family
leave in excess of available paid time off. Associates who request family leave should consult with
Personnel for details on the availability of paid leave.
Advance Notice and Medical Certification:
If the leave is to be covered completely through the use of vacation, then the associate should
follow the same notice procedures as required for vacation requests. However, where the need for
the leave is foreseeable, and if some or all of the leave will be unpaid, the company requires that
written notice be provided to Personnel thirty (30) days in advance of the leave.
Depending on the circumstances, the company may require that the associate furnish the company
with a medical certificate to support the need for a leave due to the associate’s serious health
condition or that of the family member. Medical certification forms are available in the Personnel
Office. At the end of the leave, the associate may be asked to present a doctor’s certificate of
fitness to return to work. If an associate is unable to return from leave because of a serious health
condition, medical certification may be required.
Intermittent or Reduced Leave:
Associates may take intermittent leave or may work a reduced leave schedule to reduce the usual
number of hours per day or per workweek. Intermittent or reduced leave schedules must be
medically necessary or specifically approved by the company.
16
Employment and Benefits Status:
In most circumstances, associates returning from family leave will be restored to their original or
equivalent positions with equivalent pay, benefits, and other employment terms. The company may
find it necessary to deny reinstatement to certain highly compensated associates, but only if it is
found necessary to avoid substantial and grievous economic injury to the company’s operation.
Associates who take advantage of family leave will be eligible for any employment benefit that
accrued prior to the start of the leave.
Medical Insurance Coverage:
During a family leave, associates may continue to participate in the company’s group health plan
under the same conditions as if they continued to work. The company will make arrangements with
the associates requesting leave for the continued payment of the associate’s medical premium. If an
associate fails to make premium payments as arranged and becomes in arrears for more than thirty
(30) days, coverage will terminate. The associate may resume coverage when he or she returns from
leave without having to re-qualify for insurance coverage.
Medical Premium Costs*
Company Portion
Classification
Single
191.83
Individual & One Child
470.67
Individual & Spouse
427.33
Individual & Family
427.33
Associate Portion
138.67
277.33
320.67
320.67
Monthly Total
330.50
748.00
748.00
748.00
Other Rights and Obligations:
The company will not interfere with the exercise of any right provided under the Family and Medical
Leave Act. We have posted and will continue to display the poster entitled “Your rights under the
Family and Medical Leave Act of 1993.” For more information about our Family Leave Policy,
please contact Personnel.
Consolidated Omnibus Budget Reconciliation Act (COBRA)
The consolidated Omnibus Reconciliation Act (“COBRA”) requires our company to offer certain persons
the right to elect to continue to participate in its group health care plan following the termination of such
coverage. You or your family members have the responsibility to inform the Company of a divorce,
legal separation, or of a child losing dependent status under the group health plan. One who is eligible
to continue coverage has sixty (60) days from the date they lose coverage under the described events to
inform us of a desire to continue coverage. A more complete explanation of the right to continuation
coverage may be found in the booklet describing your health insurance coverage and details about the
election procedure and the terms and conditions of the continuation coverage will be given at the time of
any event that will entitle you or your family members to continuation coverage.
17
If continuation of coverage is not elected, group health coverage will end under the prescribed
circumstances. If continuation is elected, we are required to provide coverage, which, as of the time
coverage is provided, is identical to the coverage provided under the plan to similarly situated employees
or family members. However, you will be required to pay the entire premium cost for the coverage plus a
2% administrative charge.
COBRA Premium Costs*
Classification
Individual
Individual & One Child
Individual & Spouse
Individual & Family
Monthly Total
350.00
800.00
800.00
800.00
Under the Company’s health insurance program, coverage may terminate under any one of the several
conditions described above that trigger the right to elect continuation coverage under COBRA. If health
coverage is terminated for any reason other than an election not to have such coverage, you and others
covered under the plan should be aware of possible entitlement to continuation of coverage under COBRA
and of how such continued coverage may be secured.
Continuation coverage under COBRA may extend for the period starting on the date of the qualifying
event and ending not earlier than the earliest of the following:
a) The date which is at least 36 months thereafter in cases of death, divorce or loss of dependent status;
b) The date which is at least 18 months thereafter in the case of the termination of the employee’s
employment or the reduction of work hours;
c) The date the health insurance policy stops;
d) The date, after the election of continued coverage, on which the covered person becomes covered
under another group health insurance plan or under Medicare.
The sixty-day period during which continued coverage may be elected begins on the later of the date
coverage would have stopped due to the qualifying event, or the date the person receives notice of the right
to continue coverage.
Jury Duty
You are encouraged to be an active participant in community activities. When this necessitates serving
on a jury you should fulfill this important civic obligation. If you are summoned to serve on a jury, notify
your supervisor immediately. You will be expected to report to work promptly on any regular working
day if you are excused from duty before noon or when you are excused in advance from duty. You will
be paid in accordance with appropriate state law.
18
Lay-off
The Crain Companies may occasionally have to lay associates off due to slow production or other reasons
beyond the control of management. Should a lay-off be required, management will evaluate the needs of
the departments affected by the reduction/lay-off. Thereafter, it will, at its discretion, select associates for
lay-off. Associates are recalled, if at all, at management’s discretion.
Suggestions and Problems
While we feel that our methods, systems and policies are tried and proven the most effective for both the
associate and the company, we are also aware that there may be better ways of doing things. It is our
intention to constantly review our operation and to make changes whenever appropriate. Suggestions for
changes will always be gladly received. It is not only your right, but also your responsibility to help bring
any problem or helpful suggestion to the attention of management. Nothing can be done to correct the
problems until you communicate.
Please put your suggestions in writing and submit them to the General Manager of your facility or to any
one of the executives listed in the beginning of this handbook.
Associate Parking
The Crain Companies provide parking areas located as near the buildings as practical. Remember,
associate-parking areas may be further from associate work areas to allow more convenient parking for
customers and prospects. Please observe all parking lot traffic signs and park with caution. Always be
considerate of your fellow associates while operating a motor vehicle. Do not park in reserved spaces or
other restricted areas. Always lock your car.
The company does not assume any responsibility for theft or damage (including paint overspray, glass
breakage, etc.) to your vehicle or its contents. Each associate assumes full responsibility for his/her
personal vehicle and its contents while parked or being operated on company property.
Arkansas Federal Credit Union
As a member of The Crain Companies, each associate is eligible to join the Arkansas Federal Credit Union.
Please see your manager for details on how to enroll.
401(k) Plan
The Crain Companies offer a competitive 401(k) package for all full-time associates. After completion of
1 full year of employment, an associate may choose to participate by enrolling at the next open enrollment
period.
Direct Deposit (At certain companies)
An associate may choose to participate in the direct deposit program.
19
YOUR CONDUCT, PERFORMANCE AND GENERAL INFORMATION
Associates are expected to conduct themselves in such a manner that will protect the general welfare of
themselves, their fellow associates and the company. Posted associate rules and the associate handbook
reflect a proper code of conduct. Any associate violating, abusing or misusing these rules and standards
of conduct, or the benefits, policies or procedures set forth in the associate handbook will be subject to
disciplinary action up to and including termination. Occasionally, benefits, policies, procedures and/or
rules may be modified, deleted or added at the company’s discretion. You will be expected to abide by
those as well.
We want you to be proud to work for this company and we want to be proud of you as an associate.
Associates are expected to conduct themselves in a business-like manner. Profanity or rowdy conduct on
our premises will not be tolerated. The company makes no attempt to set guidelines for its associates
while they are away from work and is concerned only if their actions should have a detrimental effect on
their job performance. Use of alcoholic beverages or illegal drugs on company premises or reporting to
work after the use of either or under its influence is grounds for immediate termination.
Associates working outside the office or Dealership and dealing directly with our customers and the
public should conduct themselves properly and represent the company in their finest manner.
Attendance/Absenteeism
Punctuality and regularity of attendance are necessary for the efficient operations of this company. It also
shows the interest you have in your job and the concern you have for your fellow associates.
If you are unable to report for work due to illness or for any other unexpected reason, notify your
supervisor prior to the beginning of your schedule, giving the reason and expected length of your absence.
You are also required to advise your supervisor daily in case you are absent for more than one day.
Excessive absences or tardiness will result in disciplinary action up to and including termination of
employment. Being absent for three days without reporting will result in immediate termination of
employment.
Drug and Alcohol Use
It is the Company’s desire to provide a drug-free, healthful, and safe workplace. To promote this goal,
associates are required to report to work in appropriate mental and physical condition to perform their
jobs in a satisfactory manner.
The Company strictly forbids the use, possession, consumption, distribution (for sale or not) or control of
alcohol, controlled substances or drugs by any of our associates at any time during work hours or on
company premises or while an associate is on company business off premises. Reporting to work or being
at work under the influence of alcohol or drugs is prohibited. Misuse or abuse of legally prescribed
prescription drugs is likewise prohibited.
The use of any legally obtained drug (i.e., prescription medication) by any associate while performing
company business is prohibited to the extent that such use may adversely affect the safety of the associate
or others, impair the associate’s job performance or discredit Crain Automotive’s regard or reputation in
the community.
20
The Company reserves the right as a condition of initial or continued employment to administer drug tests
at the company’s discretion. Applicants and associates will be asked to sign an appropriate consent form.
If an applicant refuses such a test, he or she will be denied employment. If an associate refuses to submit
to a drug test, he or she will be immediately terminated.
In each event involving an accident requiring medical attention of an associate while at work or
while operating a company vehicle not at work a drug test will be required. Tests may be required
of any associate who was involved directly or indirectly in the accident whether or not the tested
associate was injured. For example, an employee injured on the job will be required to submit to a
drug test. Any associate involved in such an injury may also be tested. Failure to submit to a drug
test following an accident will result in termination of the associate.
Applicant Testing
All applicants will be required to submit to a drug test as a regular part of pre-employment screening and
as a condition of the job offer. Should an applicant test positive on an initial test employment will be
denied and can not apply or re-test for 6 months.
Dress Code Policy
Crain associates are consistently the highest performing associates in their field. An essential element of
being successful is looking successful. Always dress and groom for success. The General Manager or
other executive will provide you with written dress codes. These codes may vary from season to season
and are required as a part of your association with the company.
Generally, sales personnel should dress formally in business attire including a shirt and tie. However,
alternatively, management may authorize less formal attire for warmer seasons or special events. Sales
People may be allowed to wear officially sanctioned “Crain Team” or other proprietary Crain “branded”
apparel. Please review the specifics of the dress code specific to your job function.
The following attire is not allowed for associates meeting the public in sales or reception roles:
1.
2.
3.
4.
5.
6.
Shorts of any kind
T-shirts and non dress shirts
Blue jeans of any kind or color
Ball caps, Hats, Sombreros of any kind
Tennis shoes of any kind
Any provocative attire
All managers will strictly enforce this policy.
Exceptions:
Shorts and/or tennis shoes may be authorized at off site sales such as Car Wars, Expo Sales, etc. at the
discretion of the General Manager.
21
Bulletin Boards
Official notices, company rules, and announcements of local interest are posted on the company bulletin
board. It is in your interest to make a habit of checking the bulletin boards frequently. Personal notices
may be posted after approval by management.
Contacts with Media
NO ONE is to talk to, or make comments to the media (i.e. TV, radio, newspapers, etc.) in any form about
any aspect of the Company’s operations or personnel without the express prior approval of the President
or Chairman.
Any violation of this policy is serious and is grounds for immediate discharge.
Drivers of Company Vehicles
A traffic violation report will be requested and a signed copy of the Vehicle’s Operator Agreement must
be received before an associate is allowed to drive a company vehicle. Any associate who drives a
company vehicle with a suspended license will be subject to disciplinary action up to and including
discharge. Should an associate have an accident while driving a company vehicle, they are to report the
accident to management as soon as possible. Each supervisor has instructions regarding what actions are
to be taken should an accident occur.
Vehicle’s Operator Agreement
I understand that I may operate vehicles as part of my job. I also understand that the Company considers
my safety and the safety of others to be paramount. Therefore, I agree to comply with the following rules:
1. I will not operate any vehicle unless I have a valid, current driver’s license appropriate for the vehicle
I am operating.
2. If my license is suspended or revoked for any reason, I will notify the Company immediately and I
will not operate a vehicle until it is reinstated.
3. If I receive a ticket or citation for a moving violation of any kind, whether on or off the job, I will
notify the Company of this fact.
4. I will not operate any vehicle while performing my job, including a vehicle not owned by the
Company, if I am under the influence of drugs or alcohol. If I am taking prescription drugs that
might impair my ability to drive safely, I will not operate a vehicle until I have notified my
supervisor and have discussed the matter with him or her.
5. I will not be under the influence of drugs or alcohol at any time during periods I am performing work
for the Company, nor will I possess or transport drugs or alcohol in any vehicle during work. I will
not be under the influence of drugs or alcohol at any time while operating a vehicle owned by the
Company or otherwise the responsibility of the Company, nor will I possess or transport drugs or
alcohol in any vehicle owned by the Company or otherwise the responsibility of the Company.
6. I will not carry any passenger unless I am authorized to do so in advance.
22
7. I will wear a seat belt at all times while I am operating or riding in a customer or Company vehicle
and I will remind those riding with me of this requirement.
8. I will comply with all speed limits and traffic regulations.
9. I understand and agree that I will be personally responsible for paying any traffic citations that I
receive as well as for any damage to a Company vehicle that is not covered by insurance and for
which I am the responsible party.
10. I authorize the Company to check my driving record from time to time to ensure that I am
complying with this policy.
Violation of any of these rules may result in immediate termination.
Refueling of company vehicles is the responsibility of the drivers. The company utilizes the Fuelman
program (See below) and requires its use for all fuel purchases. The corporate office provides all required
documents that are to be placed in each vehicle, however, it is the responsibility of each driver to maintain
these records in their vehicle at all times. Each associate will be issued his or her own pin number.
Fuelman Policy:
1) Only purchase four (4) gallon(s) per unit of in-stock vehicles. Anything above this amount will be
charged back to the employee.
2) When a salesperson makes a sale and fills up the unit, he or she must write SOLD on the receipt
along with the stock number.
3) Use your own pin number and do not give it to anyone else. You are responsible for all charges to
your pin number.
4) The user must sign all receipts and stock numbers must be written on the receipts.
5) Any Fuelman receipts not submitted to the accounting office within seven (7) days of purchase
will be charged back to the user. There are no excuses.
6) A manager must sign the card out on the sign-out sheet before the card is given out.
7) At the odometer prompt, the last 6 of the VIN number must be entered, not the mileage.
8) Gas cards are not for personal use. It is your responsibility to provide the gas for any demo vehicle
that you are driving.
Any and all abuse will be charged back to the employee.
Local delivery and route drivers and sales staff who are provided a company vehicle or demonstrator will
be notified of any licensing requirements, deposits, and expense reporting information during the
interview and orientation process.
Demonstrator Policy (For grandfather clause salespeople and Managers only)
Full time automobile salespeople at the Company may be provided with the use of a demonstration
vehicle. We want you to understand the restrictions on use of demonstration vehicles and how associates
who use demonstration vehicles will be charged on that use. Once a sales person fails to qualify under the
grandfather clause for a demonstrator unit, that sales person will revert to the demo allowance program
and may not return to a demonstrator unit under the grandfather clause.
23
Restrictions on Use of Demonstration Vehicles
1) The demonstration vehicle must be available for test drives by customers during the normal working
hours of the associate to whom the vehicle is assigned. Personal possessions may not be stored in
the vehicle. Any personal possessions must be removed by the beginning of normal working hours.
2) The demonstrator vehicle is provided so that associates can become familiar with the features of the
vehicles we sell. Only the associate to whom the vehicle is assigned may use the vehicle outside of
normal working hours. It may not be used by family, friends, or neighbors.
3) The demonstrator vehicle is part of our inventory and must be available for sale to customers. It may
not be used outside the dealership’s sales area or for vacation travel.
4) Vehicles available for demonstration must be selected from the pre-owned inventory with a Daysin-stock of less than 45 days. No more than 1500 miles may be driven in a month on a demonstrator
vehicle. Any mileage over 1500 miles in one month or in total will be charged back to the associate
at a rate of 30 cents per mile.
5) Vehicles of value greater than $25,000.00 retail or list price will not be assigned for demonstration
purposes without direct consent of the General Manager. Demonstrators will be assigned to
associates based on past sales performance, longevity with the Company, and job title.
6) No demonstrators will be assigned from vehicles that are luxury or exotic automobiles. No
demonstrator will be assigned with mileage greater than 33,000 miles. Vehicle Trade-ins with a list
or retail price greater than $15,000 will not be assigned as demonstrators unless approved by the
General Manager.
7) Vehicles must be well maintained and in show room condition. It is the responsibility of the
salesperson or manager assigned the demonstrator to keep the unit clean and free of debris such as
paper, wrappers, cans, bottles and personal belongings.
8) Demonstrator assignment form must be filed out and signed by the GSM or GM before the assigned
vehicle may leave the dealership lot.
Qualifications for Use of Demonstration Vehicles
1) The associate must live within 25 miles of the dealership.
2) Vehicle Sales Managers, Finance Managers and General Managers who qualify with the Company’s
insurance carrier will qualify for a demonstrator.
3) Full Time Sales personnel must meet one of the following sales levels in order to qualify for a
demonstrator.
A) 30 units in the most recent 3 month completed period or
B) 60 units in the most recent 6 month completed period or
C) 120 units in the most recent 12 month completed period and
Sales personnel must have sold a minimum of 8 units in the most recent month. Sales Personnel
working less than full time do not qualify for a demonstrator regardless of sales.
Example: Qualified
1st Month:
14
nd
8
2 Month:
8
3rd Month
Total:
30
Not Qualified
15
8
7
30
24
Demonstrator qualifications will be reviewed each month following the issuance of bonus checks on
approximately the 10th of the month.
Each time a different vehicle is issued to an associate as a demonstrator a “Demonstrator Issue Agreement”
must be completed for that vehicle for that associate. A copy of the completed form will be kept by the
associate as written authorization to operate the vehicle. The original will be retained by the used vehicle
manager. A “Demonstrator Issue Agreement” is contained in the back of this handbook as an example.
Charges for Use of Demonstration Vehicles
1) Sales personnel will be charged a sum of $25.00 per week for use of demonstration vehicles to cover
some of the maintenance of the vehicle. If an associate sells a minimum of 13 units in a month the
demo charge for that month will be refunded on the end-of-month performance bonus check.
2) A charge of $25.00 per week will be charged to each associate in use of a demonstration vehicle
until a reserve balance of $1000.00 is accrued. This is the insurance deductible to be held in case of
an accident. This amount will be reimbursed to the associate when departing the company or upon
associates request when no longer operating a demonstrator.
Disciplinary Actions
Any associate who is provided with the use of a demonstrator vehicle but does not comply with the
restrictions on storage of personal possessions, use by people other than the associate, use outside of sales
area, and vacation travel during a pay period will have demonstration privileges revoked for a period
determined by the General Manager.
Gross disregard for the restrictions of a demonstrator vehicle may result in loss of all privileges and/or
termination.
Pledge Regarding Use of Demonstrators
I understand the Company’s policies regarding my use of a Company-provided demonstrator
automobile, and that its policies and regulations have been developed, in part, to allow use of such an
automobile on a tax-free basis whereby the Company will not withhold taxes from my pay on account of
the value, if any, of my personal use of such vehicle, however such tax free use cannot and is not guaranteed,
so I understand that the payment of any taxes that may be owing on account of such use is my sole
responsibility. Accordingly, at a minimum, I understand I must comply with all of the following
requirements:
1. I understand that I have been provided with a demonstrator primarily to facilitate my performance
of services for the Company and agree to use the demonstrator primarily for that purpose. I further
agree that I will make sure that any automobile provided me is available for test drives by customers
during my working hours.
2. I agree to use any automobile provided to me only in the sales area in which the Company is located.
I understand that the sales area in which I may use this demonstrator is a 25-mile radius from the
Company location.
3. I agree that I will not allow any of my friends, associates, or family members to use any
demonstrator provided to me.
25
4. I agree to the substantial restrictions imposed by the Company on my personal use of any
demonstrator provided, including that I may not store personal possession in the demonstrator, I may
not use the demonstrator for vacation trips, and I may not drive the demonstrator more than 1500
miles per month.
5. I agree to keep adequate records to substantiate that my use of any Company-provided demonstrator
complies with these restrictions. As such, I agree to maintain a log that contains all information
required by the Company to account for all my use of any demonstrator during each week. I further
agree to make entries in such log as close in time to my actual use of the demonstrator as possible.
I understand the maintenance of these records is my sole responsibility.
6. I agree to abide by these conditions and the conditions set forth in the Company’s Demonstrator
Policy, with the understanding that the Company has the right to change, add, delete or otherwise
modify these policies at any time and that I will be required to adhere to these changes.
I have read this pledge and I understand its conditions. By signing in the space provided below, I
acknowledge that I have promised to comply with the restrictions in this pledge limiting my use of
demonstrators.
I acknowledge that even if I satisfy all the requirements set forth in this pledge, there is no assurance
that I will be able to use a demonstrator on a tax-free basis. This uncertainty results, in part, from the fact
that the law is unclear regarding the number of non-demonstration miles a sales person may use a
demonstrator and still satisfy these requirements. Thus, notwithstanding the Company’s 1500-mile monthly
limit, as a sales agent, I understand I should limit my non-demonstration use of a demonstrator as much as
possible. I understand that if my non-demonstration use is deemed excessive, or if I otherwise fail to comply
with this pledge and even if I do comply with this pledge, I could be exposed to a liability for additional
taxes, penalties and interest, for which I assume full responsibility. I understand that compliance with these
policies and requirements is not a guarantee by the Company that my use of a demonstrator will be tax-free,
in whole or in any part, that whether or not such use is tax free will be determined by the Internal Revenue
Service and other entities over which the Company has no influence or control. I assume full responsibility
to obtain my own tax advice regarding my use of a demonstrator.
Finally, I acknowledge that I have received notice that the Company has elected not to withhold
income taxes on the value, if any, of my personal use of demonstrator automobiles with which I will be
provided, yet I understand that the value of my personal use nonetheless will be reported on my W-2
form for each calendar year based solely on information I provide the Company regarding my
personal use of any demonstrator[s] and that I may, at my sole option, elect to increase my withholding
from my wages by submitting a revised W-4 form (and/or other applicable state income tax exemption
form) so that I should not need to make quarterly estimated tax payments. In all events, I understand
that I am solely responsible for providing the Company with accurate information regarding my
personal use of any demonstrator[s], for requesting a change or increase in my with holding, and for
any taxes that may become owing on account of my use of Company-provided demonstrators.
Unauthorized use of Company Vehicles or Customer Vehicles Considered Theft
If any associate operates a Company vehicle or a vehicle otherwise the responsibility of the Company (i.e.
Customer Vehicle, Lease Turn-in or vehicles owned by Lenders) without the express WRITTEN
AUTHORIZATION to do so, such use will be considered THEFT. The Company may report such use to
authorities and request the driver be arrested and detained.
26
Proper Registration and Insurance documentation required for all Vehicles
No vehicle may be operated by an associate, including authorized demonstrator vehicles, without a proper
and current state registration tag, registration certificate and insurance certificate. Operation without
proper registration tags, documents and insurance certificate is UNAUTHORIZED in every instance.
Any tickets received by an associate and any costs associated as a result are the responsibility of the
associate.
Demo Allowance Plan
Salespeople selling ten or more units will be issued the following bonus based on total front & back gross
(including pack and holdback) as reflected on the 4732 report and total units sold. Each unit will count
as one “point” (the “unit points”) and the total front & back gross on the 4732 will be divided by $1,000
to get the “gross points”. The sum of the points is the salesperson’s “Demo Points” for that month. For
example a salesperson selling 11.5 units that result in $23,500 in front & back gross (including pack and
holdback or the dealerships total 4732 gross) will qualify with 35 points.
Demo Points
Demo Allowance
0-29
30-35
36-41
42-47
48-53
54-59
60-65
66-71
72+
$300
$375
$500
$625
$750
$875
$1,000
$1,125
$1,250
Employment Reference Checks
References will be checked on all final candidates for hire. If it is determined after an associate is hired
that information on the application or resume was falsified or misrepresented, that associate will be
subject to immediate dismissal.
Associate Background Checks
As a condition of employment, the Company will conduct a background check to determine if
information provided during the application process is legitimate. All associates will be required to sign
the consent form for the background check. If it is determined after the associate is hired that information
on the application or resume was falsified or misrepresented, that associate will be subject to immediate
dismissal.
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Employment Resignation & Terminations
In fairness to the company and to your fellow associates, we ask that you give a notice in the event you
decide to resign your employment. This will allow us time to make the necessary preparation for handling
the workload. We also ask that you arrange an interview with the personnel office or the appropriate
individual within your department if you leave the company. Should you resign, you are to contact your
supervisor to complete termination record forms.
Out-processing will take approximately one week to complete after the date of resignation/termination.
When finished, the final paycheck will be processed on the next payroll cycle. Any commissioned associate
that leaves employment during the middle of the month or fails to turn in a two week notice forfeits any
commissioned earnings in exchange for previously paid draws on that commission.
Hiring Relatives
Relatives should not be hired in situations where one relative would be directly supervising another relative
or where both relatives would be working in the same department. The President must approve variances
to this policy.
Lost and Found
Should you lose any personal property or find something on company property belonging to another, please
report the loss or turn the item in to the personnel department.
Personnel Records
Your personnel records must be kept accurate and current, so that you receive all benefits you are entitled
to and so the company can comply with various government regulations. If you change your address, phone
number, marital status, insurance beneficiary, number of income tax exemptions, etc., notify your
supervisor. All new hires and terminating associates are required to complete proper forms. Contact the
personnel office for associate forms and instructions.
These records are considered company records, and access to these records is allowed only to appropriate
management or pursuant to a subpoena in a legal proceeding.
Personal Telephone Calls
Remember that our telephone system is intended for business use only. Restrict personal calls to emergency
situations. We have a limited number of lines and they should be kept free for business calls. This is just
as important for incoming calls as for outgoing calls.
Internet & Email Policy
Use of the Internet at or from the Company is restricted to the business of the Company performed by its
authorized associates. All associates are strictly forbidden from using and/or accessing the Internet at or
from the Company for any purpose not related to the business of Crain Automotive.
The Company provides associates email to aid in conducting day-to-day business. All such communications are
intended solely for the conduct of Company business. The Company has the capability to access, review, and
28
copy or delete messages transmitted, received or stored on its electronic communications system. The
Company reserves the right to access, review, copy or delete all such messages for any purpose and to
disclose them to any third party (inside or outside the Company) as it deems appropriate. Accordingly,
associates should have no expectations of privacy in the use of any electronic communication and the
deletion of a message from any electronic communication system does not guarantee that it has been
erased from the system and cannot be retrieved.
The use of the Company’s communications system for personal matters, or for any purpose unrelated to
the business of the Company, is strictly prohibited, including the following:
1. To transmit or receive offensive communications, such as those involving defamatory, obscene,
discriminatory, harassing messages, or messages that disclose personal information about other
individuals without authorization.
2. For any personal interests of an employee, such as for outside business ventures, political
campaigns, or any other non-work related activity.
Security Inspections
Security is important to all of us. In order to provide a safe secure environment for us to work,
management must have the authority and responsibility to make periodic security inspections. When this
becomes necessary all associates will be asked to fully cooperate.
Associates are prohibited from bringing any firearm or other weapon or instrument whose primary
purpose is the infliction of bodily harm or injury onto the Company’s premises. Any associate who
violates the Company’s prohibition against weapons or who refuses to consent to a search is subject to
immediate termination.
Postage Meter
The postage meter is to be used for company business only. Associates are not to use the Company
postage for mailing their own private mail. A violation of this policy constitutes misuse and theft of
company property and is grounds for immediate dismissal.
Smoking Policy
Smoking by associates is prohibited in all work areas and retail and wholesale customer service areas (any
area not specifically designated as a SMOKING area is a NON-SMOKING area). No smoking signs have
been posted and associates are required to comply with them.
Smoking areas for associates may be designated as determined by management and in accordance with
local ordinances. In the event no such area is designated, smoking will not be allowed by associates on
the premises. This is not to be confused with areas where customers may be allowed to smoke.
Smoking by associates is prohibited in areas outside the building, which are not designated as smoking
areas. Do not dispose of or extinguish cigarettes (or other forms of tobacco) in an unclean manner,
including on parking lots and lawns.
Smoking by associates is not permitted in company vehicles or by associates visiting or servicing
customers on their premises, regardless of the customer’s rules regarding smoking. The use of smokeless
tobacco products by associates on company property or in company vehicles is always prohibited.
29
Gifts
Associates are prohibited from accepting any gift or gratuity from any customer, vendor or supplier of the
Company without the express permission of management. This includes “spiffs” or “awards” by vendors
or manufacturers. The one exception is “spins” or “awards” issued directly by Vehicle Manufacturers to
sales managers or sales personnel, BUT THEN ONLY IN AN INSTANCE WHEREIN THERE IS NO
ACTION TAKEN BY SUCH SALES PERSON, SALES MANAGER OR FINANCE MANAGER TO
SELL ONE PRODUCT OVER ANOTHER OR IN INSTANCES WHERE THE RECIPIENT DIRECTS
SPECIFIC TERMS OF THE TRANSACTION IN ORDER TO RECEIVE THE SPIFF.
Solicitation
No on-site solicitation of associates by other associates or outsiders is permitted without prior written
approval of management.
Time Off To Vote
As a citizen you have the right and an obligation to vote. You are encouraged to vote and will be permitted
reasonable time off for this purpose, provided you are unable to go to the polls before or after your
scheduled work hours.
IRS Cash Reporting Rules
If a customer pays cash of more than $10,000, we are required to file Form 8300 with the IRS. For this
purpose cash includes the combination of currency, travelers checks, money orders, bank drafts, and cashier
checks, but excludes personal or other checks made payable to the dealership.
Examples:
Form 8300 required:
1) A customer brings in a cashier check for $6000.00 and pays $5000.00 cash.
2) A customer brings in cash in any amount over $10,000.
Not Required:
1) A customer brings in a cashier’s check, money order, or bank draft with a face amount of $10,000
or more – Agency from which it was purchased is required to file.
2) A customer pays $3000.00 cash and brings in a bank draft for $8000.00 as a loan to finance the vehicle.
This should be verified with loan documentation or instructions for a lien to be placed on the vehicle.
Related transactions:
If a customer buys two vehicles within 24 hours and pays $5000.00 cash down for one, and $6000.00 for
the other, this is considered together and must be reported.
Procedures:
Managers
1) Fill out Form 8300 and place within the deal jacket.
Billing Department
2) Billing department will make copy of form and forward to payroll department.
Payroll Department
3) Payroll department will be responsible for filing the form with the IRS. This must be within 15 days of
receipt.
3) A copy of the form must be kept on file for 5 years.
30
Worker’s Compensation and Job Safety
All associates are expected to work safely. The associate to his/her supervisor must report any accident
or injury occurring at work immediately. The associate and his/her supervisor must complete a written
report of the accident or injury. The associate must report the injury to the personnel office and complete
worker’s compensation forms before returning to work. All accidents and injuries shall be investigated
and a report shall be forwarded to company management and the supervisor of the injured associate by
the following regularly scheduled workday.
Safety is everyone’s job every day. Remember that you are not the only one who might be injured by your
carelessness. Be especially careful when you are operating a vehicle and report any hazards or defects
that you might observe. Injuries cause the company the loss of your services and cost you lost wages or
even worse, could cause a permanent or disabling injury.
Reimbursement of Company Expenses
Predetermined allowable expenses will be reimbursed according to policies described by the company.
Associate Purchases
1. All purchases are to be cash only (Exception: Company shirts, see Associate Charge Account Policy
below). A member of executive management must approve any exception to this in advance.
2. Purchases must be invoiced at the time of the sales transactions. This means no merchandise is to
leave any warehouse or store without an accompanying invoice. The ticket and merchandise should
be kept together to substantiate that the purchase was made.
3. Any merchandise leaving the building for a customer or any other purpose must all have an
accompanying invoice billed to the customer or appropriate account.
Associate Charge Account Policy:
In an effort to better service our employees, The Crain Companies has established an employee accounts
receivable program. This program is designed solely for the use of full time employees and only for the
purchase of CrainTeam shirts and jackets.
Each employee, upon approval by his or her supervisor, shall be granted a credit limit of One Hundred
Fifty Dollars ($150.00). Any charges to this account will be deducted against the employee’s paycheck on
a weekly basis.
Under special circumstance, employees may be granted an extended credit limit for use other than stated
within the policy, which shall be determined by management and must be approved by the General
Manager and The Crain Companies.
31
TELECHECK POLICY, PROCEDURES & WARRANTIES
Policy:
For all on-site sales:
1. All Checks (excluding hold checks) under $5000.00 will be processed through the Telecheck
terminals located at each store for the Electronic Check Acceptance (ECA) service.
2. With all ECA checks, the customer must sign the receipt. This works the same as a credit card
receipt.
3. Checks over $5000.00 & certain established business checks will not be processed through
Telecheck for approval. (Business list to be provided at a later date.)
4. If terminal cannot process ECA check (check Non-ECA list, see procedures), but approves for
deposit, review warranty requirements to ensure that checks held for deposit are within
compliance.
5. With all transactions, ensure there is an approval code for each check. Do not accept a check
if the check is declined. A manager may approve declined checks. The approving manager
accepts responsibility for collecting funds on the approved check if returned NSF.
6. Holdchecks will be approved through the terminal, holdchecks will not be held over 27 days
and the amount cannot exceed $5000.00. Use holdcheck forms. Deposit date must be a
weekday. Additional note: Holdchecks must not exceed 25% of the purchase price of the
vehicle. (Ex: 10,000*.25=$2500.00 limit on holdcheck)
7. With both regular down payments and holdchecks, the check date must match the date of
the purchase agreement and the date of the approval code.
8. All terminals must be batched at the end of business day. A batch detail report must be
matched against the receipts and checks for that day’s business.
9. If a situation applies outside of this policy, see General Manager.
For all off-site sales: (Only if terminal not on site)
1. All checks under $5000.00 must be called in for an approval code. Approval code, Merchant
number, Driver’s License Number, and Phone Number must be written on the face of the
check.
2. Review warranty requirements to ensure that checks held for deposit are within compliance.
3. Holdchecks will not be held for over 27 days and the amount cannot exceed $5000.00. Use
holdcheck forms. Deposit date must be a weekday. Additional note: Holdchecks must not
exceed 25% of the purchase price of the vehicle. (Ex: 10,000*.25=$2500.00 limit on
holdcheck)
4. With both regular down payments and holdchecks, the check date must match the date of the
purchase agreement and the date of the approval code.
5. If a situation applies outside of this policy, see General Manager.
Procedures:
For all on-site sales:
1. Operation of terminal for checks...See Attachment “Electronic Check Acceptance Procedures:
Eclipse Terminal”.
2. Ensure check is approved through the correct account:
A. Parts & Service
32
3.
4.
5.
6.
B. Down Payments
C. Holdchecks
Non-ECA List: Some checks cannot be processed through the ECA service:
A. Company checks
B. Checks over $5000.00
C. Non-DDA Checks
D. Travelers Cheques and money orders
E. Check writer’s bank does not allow ACH draft
Once approved, these checks will be held for deposit. Review warranty requirements to ensure
compliance.
If the approval code and merchant number is not printed on the back of the check, write the
approval code and merchant number on the face of the check.
A holdcheck form must accompany all holdchecks. Personnel that fill out this form and accept
the holdcheck must write both the deal number and legibly Print & Sign his or her name.
Separate the form; send one copy with deal and one copy with check to accounting.
At the end of each business day, all terminals must be batched and totals reconciled to
individual receipts and/or checks held for deposit.
For all off-site sales: (Only if terminal not on site)
1. Call in for approval of checks...See Attachment “Check Authorization Procedures: Audio
Response”.
2. Ensure check is approved through the correct account:
A. Parts & Service
B. Down payments
C. Holdchecks
3. Write the approval code, merchant number, driver’s license number, and phone number on the
face of the check.
4. A holdcheck form must accompany all holdchecks. Personnel that fill out this form and accept
the holdcheck must write both the deal number and legibly Print & Sign his or her name.
Warranties:
For all sales on and off site:
1. Review attachment “Warranty Requirements”
******IMPORTANT NOTICE******
Failure to comply with above stated policy and procedures might result in a voided warranty and in
the responsible personnel being charged back some or the entire amount. Don’t take chances with
your money; if in doubt call the Telecheck helpline for answers (1-800-366-1054).
33
Employee Vehicle Purchase Program:
The following Employee Vehicle Purchase Program will be maintained at all stores.
Vehicle Purchases
1)
Premium Vehicle (Any new unit in short supply & high demand) – All premium units
will be billed out at current market value. Any manufacturer employee purchase
programs will be applicable if all qualifications are met (See Sales Manager).
2)
New Vehicle (Not Premium) – All new units will be billed out at $500.00 over
accounting inventory cost including any service repair orders, adjustments, and packs.
Any manufacturer employee purchase programs will be applicable if all qualifications
are met (See Sales Manager).
3)
Used Vehicle – All used units (purchased or trade-in) will be available for sale after
being in stock for 60 days and may be discounted to a price of $500.00 over accounting
inventory cost including any service repair orders, adjustments, and packs.
Warranty Purchases
Warranties may not be sold at cost. Use the following guidelines to determine pricing for warranties
purchased.
1) Extended Warranty – Must be billed at $300.00 over cost. F&I manager is responsible for
this calculation.
2) GAP – Must be billed at $100.00 over cost. F&I manager is responsible for this calculation.
34
Disciplinary Action - Violation of Company Rules of Conduct
It is company policy to use disciplinary action to correct problems of associate conduct. The purpose of
discipline is to prevent a recurrence of the violation of company policies, procedures, rules and
regulations. The usual disciplinary procedure starts with the verbal warning, followed by a written
warning and then termination. HOWEVER, for violations of the policies, procedures, rules and
regulations specified in “C” below, associates could be discharged immediately. The company also
reserves the right to discharge a person immediately for non-listed offenses or when, in the opinion of
management, circumstances warrant the discharge. The following is a summary of the company’s
disciplinary action policies and procedures:
A. Verbal Warning - A verbal warning is generally used to inform associates of minor rule violations on
the first offense.
B. Written Warning - Written warnings are considered serious matters and become a part of the
associate’s personnel record. Repetition of an offense for which an associate has received a written
warning or for other inappropriate conduct/ performance may result in discharge. Associates will be
asked to sign written warnings merely to acknowledge receipt of the warning.
C. Discharge - An associate may be discharged without prior warning for these or similar violations of
company policies, procedures, rules and regulations.
1.
Repetition of any offense for which a written warning has been issued.
2.
Willful or deliberate neglect of duties.
3.
Insubordination.
4.
Theft, misappropriation or destruction of company records, property or equipment.
5.
Falsification of applications, time cards, or other company records or documents.
6.
Soliciting or accepting gifts, tips or gratuities from customers or suppliers of the company.
7.
Fighting, inflicting or threatening bodily harm to customers, suppliers or other associates.
8.
Bringing or possessing on company premises or reporting for duty under the influence of
intoxicating beverages or drugs.
9.
Unauthorized handling, possession or use of narcotics or illegal drugs.
10.
Major violations of safety rules.
11.
Misconduct of any nature adversely affecting the company’s best interests and reputation.
12.
Sleeping or loafing while on duty.
35
13. Unauthorized possession of firearms, explosives, or other dangerous or lethal weapons on
company properties.
14.
Competition with the company for personal gain, which includes (a) use of associate discount
on company products for third persons, (b) selling of company products on the “outside” for
extra income.
15.
Rude or discourteous behavior toward customers or other associates, including use of foul
language, vulgarity or profanity.
16.
Conviction of a felony or other serious crime.
17.
Entering unauthorized contracts or incurring unauthorized expense in the company name.
18.
Passing of confidential price or customer information to a competitor or anyone outside the
company without permission.
The above list of reasons is not intended to be all-inclusive and there may be other circumstances, which
could result in disciplinary action including termination, for any violation.
36
IN CLOSING
As changes occur in the company’s benefit plans or personnel practices, you will be notified so that you
may keep your Associate Handbook information current.
We hope this Associate Handbook has answered some of the questions you might have about The Crain
Companies, your job, and your benefits. In addition, your supervisor will be glad to explain anything you
don’t understand. Always remember that your supervisor is here to help you and to see that the work is
done in the most efficient manner. Follow your supervisor’s instructions and if you aren’t exactly sure
what you are supposed to do - ASK!
The Crain Companies is a good place to work. Conduct yourself at all times as a responsible individual.
We want you to be proud of the company and to feel that you are an important part of a fine and growing
enterprise. With your help, we can keep The Crain Companies the kind of progressive, pleasant place to
work that we all want it to be.
37
The Crain Companies
Sherwood, AR 72124
Phone: (501) 542-5200
Associate Employment Package Checklist
I agree that it is my responsibility to comply with the policies and procedures in the Associate’s Handbook
and with any other policies and procedures otherwise adopted by the Company and that my compliance
is a condition of my employment. I understand that this booklet is only a guide to some of the conditions
of my employment and that it is not all-inclusive of the policies and practices that govern my employment
or that the Company’s management may implement at any time it determines necessary and appropriate.
I have taken care to further review the below listed policies from the Associate’s Handbook:
1)___
2)___
3)___
4)___
5)___
6)___
7)___
No Harassment Policy
Timekeeping – Associate password responsibility
Timekeeping – Clock In/Out Procedures
Dress Code Policy
Fuelman Purchase Procedures
Demonstrator Policy
Associate Charge Account Policy
I have read, completed, and supplied the following required items as listed in the Associate Handbook as
necessary for the discharge of my duties. Any item marked with a “*” not required in my duties with the
company or for which I do not wish to participate is marked “N/A” below. All other items are attached
hereto and marked with a check:
1)___ Associate “Receipt of Associate Handbook”
2)___ Employment Application
3)___ IRS Form W-4
4)___ I-9 Form
5)___ State Withholding Form
6)___ Information Security Program Acknowledgement Form
7)___ Drug Screen Authorization
8)___ Traffic Violation Report Request
9)___ Fuelman Pin Number Request*
10)___ Background Check Authorization
11)___ IRS Form 8300
12)___ Pay Form for New Hire
13)___ Insurance Enrollment Form(s)*
14)___ Wage Deduction Authorization*
15)___ Sales License (Initial, Renewal, or Replacement Application)*
16)___ Vehicle Operator’s Agreement
17)___ Non-Solicitation Agreement*
18)___ Certification Regarding Cash Reporting and Money Laundering
19)___ Pledge Regarding Use of Demonstrators*
20)___ Copy of Driver’s License
21)___ Copy of Social Security Card or Other Document from List C on Back of I-9
22)___ Disclaimer, Acknowledgement and Consent Regarding Recording of Outgoing and Incoming Calls
23)___ Receipt of Telecheck Policy
Associate’s Signature:
Date:
38
The Crain Companies
Sherwood, AR 72124
Phone: (501) 542-5200
Receipt of Associate Handbook
This acknowledges that I have received a copy of Crain Automotive Holdings, LLC associate handbook.
As an associate of Crain Automotive Holdings, LLC, I acknowledge that I have reviewed this handbook
and been given the opportunity to ask my supervisor and/or other appropriate management personnel
about any portion of this handbook I do not understand. I also understand that Crain Automotive
Holdings, LLC has the right to change, add, delete or otherwise modify the rules, policies, practices,
procedures or other information provided in this handbook at any time. I agree to abide by these rules,
policies, practices, procedures and other requirements of this handbook. I understand that my failure to
do so may lead to disciplinary action up to and including my termination.
I am aware and understand that neither this associate handbook nor any verbal statements made by Crain
Automotive Holdings, LLC constitute an employment agreement. Crain Automotive Holdings, LLC
retains the right to terminate associates at will at any time and the associate retains the right to terminate
employment with the company at any time. I am also aware and understand that no one other than the
President or General Manager has any authority to enter into any agreement for employment, or to make
any agreement contrary to the foregoing, and no such agreement has been made.
If I have any questions about this employment relationship, I understand that I should ask my supervisor
or another member of management.
Associate’s Signature
Date
This receipt is to be returned to Crain Automotive Holdings, LLC by
(Date).
39
The Crain Companies
Sherwood, AR 72124
Phone: (501) 542-5200
No Harassment Policy/Procedures
Policy:
The Crain Companies do not and will not tolerate harassment of our employees. The harassment includes,
but is not limited to slurs, jokes, and other verbal, graphic, or physical conduct relating to an individual’s
race, color, religion, sex, national origin, citizenship, medical condition, age or disability. Harassment also
includes sexual advances, request for sexual favors, unwelcome offensive touching, and other verbal,
graphic or physical conduct of sexual nature.
Violation of this Policy/Procedure will subject an associate to
disciplinary action up to and including immediate discharge.
Procedures:
If you feel that you are being harassed in any way by another employee or by a customer, you should make
your feelings known to your supervisor immediately. The matter will be thoroughly investigated, and
where appropriate disciplinary action will be taken. If you do not feel your complaint has been handled,
please contact the General Manager or Larry Crain.
Employees raising a complaint based on a legitimate perception of being subjected to any form of
prohibited harassment are protected from any form of reprisal or retaliation. Any perceived act of
retaliation for making a complaint of harassment is to be reported in the same manner as the initial
complaint. Anyone found guilty of acting in a retaliatory manner to an individual because the individual
made a complaint is subject to discipline, including discharge.
Complaints of sexual or other prohibited harassment raise serious implications and potential
consequences and are not to be based on the employee’s legitimate belief, whether correct or not, that
he/she was or is being harassed in violation of this policy. Complaints shown to be lodged in bad faith or
as a form of harassment against the person who is the subject of the complaint also constitute misconduct
and may be grounds for discipline.
The Company hopes that this clarification on what constitutes prohibited harassment will assist
employees in being respectful of the rights and interests of others. However, any questions about the
application of this policy should be presented to the general manager or an officer of the Company for
proper clarification.
Do not assume that the company is aware of your problem. It is your responsibility to bring your
complaints and concerns to our attention so that we can help resolve them.
Date
40
The Crain Companies
Sherwood, AR 72124
Phone: (501) 542-5200
Information Security Program Acknowledgement
Employee Acknowledgement of and Agreement to Comply with Information Security Program
I, ________________________________, acknowledge that I have read and agree to comply with
Company policies and procedures regarding the safeguarding of customer information. I agree to comply
with any amendments or additions to these policies and procedures that the Company may make from
time to time.
I will not intentionally share or disclose, or cause to be shared or disclosed, any customer information to
any person or entity in violation of the Company’s information security policies and procedures. Further,
I will not intentionally view or access, or caused to be viewed or accessed, any customer information in
violation of the Company’s information security policies and procedures. I will at all times strive to
protect and secure all customer information that I may receive or have access to during the course of my
employment in compliance with the Company’s information security policies and procedures. I will not
remove from the Company’s place of business any Customer Information or written or electronic
materials documenting the Company’s Information Security Program. I understand that in the event I fail
to abide by the Company’s information and safeguarding policies and procedures, whether my failure is
intentional or unintentional, I will be subject to disciplinary action. This disciplinary action may include
termination of my employment with the Company or any other disciplinary measures as provided in the
“Associate Handbook”.
Employee’s Signature
Date
41
The Crain Companies
Sherwood, AR 72124
Phone: (501) 542-5200
Pre-employment Drug Screen Authorization Form
Please Print Clearly
We hereby authorize Concentra to complete a pre-employment drug test on
__________________________.
(Print Full Name)
Thank you,
The Crain Companies
Authorized Agent
42
The Crain Companies
Sherwood, AR 72124
Phone: (501) 542-5200
Driver’s Authorization to Order Driving Record
Driver’s Name:
Date of Birth:
Drivers License Number:
State:
Social Security Number (if different than DL#):
Current Home Address:
City, State, Zip
I give any insurance company, insurance agent, employer, or potential employer permission to request a copy of my driving
abstract or traffic violation report for the purpose of insurance underwriting consideration and/or employment consideration.
Driver’s Signature:
Date Form Signed:
NOTE: If you have had your current driver’s license for less than three (3) years, please complete an additional form for
previous license held.
Dealership:
(Please check)
Crain Buick-GMC:
Crain Kia NLR:
Crain Chevy:
Crain Mazda:
Crain RV:
Media:
Ford North:
Hyundai NLR:
Hyundai WLR:
Hyundai Fay:
Hyundai Bent.:
43
The Crain Companies
Sherwood, AR 72124
Phone: (501) 542-5200
Associate’s Authorization to Order Background Check
Associate’s Name:
Date of Birth:
Social Security Number:
Current Address:
City, State, Zip
I give any insurance company, insurance agent, employer, or potential employer permission to request a background check for
the purpose of insurance underwriting consideration and/or employment consideration.
Date Form Signed:
Employment Location:
(Please check)
Crain Buick-GMC:
Crain Kia NLR:
Crain Chevy:
Crain Mazda:
Crain RV:
Media:
Ford North:
Hyundai NLR:
Hyundai WLR:
Hyundai Fay:
Hyundai Bent.:
44
The Crain Companies
Sherwood, AR 72124
Phone: (501) 542-5200
Form 8300: Filing Requirements
Filing Requirements:
If a customer pays cash of more than $10,000, we are required to file Form 8300 with the IRS. For this
purpose cash includes the combination of currency, travelers checks, money orders, bank drafts, and
cashier checks, but excludes personal or other checks made payable to the dealership.
Examples:
Form 8300 required:
1) A customer brings in a cashier check for $6000.00 and pays $5000.00 cash.
2) A customer brings in cash in any amount over $10,000.
Not Required:
3) A customer brings in a cashier’s check, money order, or bank draft with a face amount of $10,000
or more – Agency from which it was purchased is required to file.
4) A customer pays $3000.00 cash and brings in a bank draft for $8000.00 as a loan to finance the
vehicle. This should be verified with loan documentation or instructions for a lien to be placed on
the vehicle.
Related transactions:
If a customer buys two vehicles within 24 hours and pays $5000.00 cash down for one and $6000.00 for
the other, this is considered together and must be reported.
Procedures:
Managers
1) Fill out Form 8300 and place within the deal jacket.
Billing Department
2) Billing department will make copy of form and forward to payroll department.
Payroll Department
3) Payroll department will be responsible for filing the form with the IRS. This must be within 15 days
of receipt.
4) A copy of the form must be kept on file for 5 years.
Note: Bring to the attention of the General Manager if the customer request advice on how to structure
the deal to avoid filing Form 8300.
I have read the above policy and procedures and understanding my duties which pertain to them.
Signature
Date
45
The Crain Companies
Sherwood, AR 72124
Phone: (501) 542-5200
New Employee Compensation Form
Instructions: Fill out all requested information in detail (Print neatly). Have new employee and manager sign in appropriate
places. Make a copy for the employee and forward original to Payroll Department, Accounting.
Employee Name:
Date of Hire:
SSN#:
Store Location:
Department:
(Chevy, Ford, Etc)
Phone #:
Emergency Contact:
Date of Birth:
Marital Status:
(Sales, Service, Detail, Etc.)
Number:
Spouse Name:
Job Description (Example: Used Sales, Tech, Service Porter, Receptionist, Etc.):
Compensation Plan:
Additional Information for Pay (Example: Performance Bonus, Guaranteed Pay, Etc.):
Work Schedule (If floating schedule enter: “Floating”):
Supervising Department Manager:
Signatures: Employee
General Manager
FOR ACCOUNTING USE ONLY
Employee Number Assigned:
Timekeeping Password Assigned:
Date entered into system:
Department Code to be charged:
Accounting Approval:
46
The Crain Companies
Sherwood, AR 72124
Phone: (501) 542-5200
Wage Deduction Authorization Form
I authorize The Crain Companies to make the following deductions from my wages, salary and/or
commissions both during my employment and from my final paycheck in the event of my separation from
employment for any reason:
•
Health Insurance Premiums
•
Uniforms, Shirts, or other The Crain Companies Apparel (purchases made by me as an employee)
•
Charges for authorized service work performed by The Crain Companies
•
Charges for authorized parts purchased through The Crain Companies
•
Authorized cash advances
•
Charge-backs and other adjustments to commissions (Sales only)
•
Repair costs for damage to The Crain Companies, customer or third-party vehicles
•
Other funds owed on my accounts receivable account (purchases made by me as an employee)
•
Other:
I authorize these deductions to be made from my pay in both overtime and non-overtime weeks.
I HAVE READ AND UNDERSTAND THIS AUTHORIZATION:
Date:
47
The Crain Companies
Sherwood, AR 72124
Phone: (501) 542-5200
Vehicle Operator’s Agreement
I understand that I may operate vehicles as part of my job. I also understand that the Company
considers my safety and the safety of others to be paramount. Therefore, I agree to comply with the
following rules:
1) I will not operate any vehicle unless I have a valid, current driver’s license appropriate for the
vehicle I am operating.
2) If my license is suspended or revoked for any reason, I will notify the Company immediately and
I will not operate a vehicle until it is reinstated.
3) If I receive a ticket or citation for a moving violation of any kind, whether on or off the job, I will
notify the Company of this fact.
4) I will not operate any vehicle while performing my job if I am under the influence of drugs or
alcohol. If I am taking prescription drugs that might impair my ability to drive safely, I will not
operate a vehicle until I have notified my supervisor and have discussed the matter with him or her.
5) I will not be under the influence of drugs or alcohol at any time during periods I am performing
work for the Company, nor will I possess or transport drugs or alcohol in any vehicle during work.
6) I will not carry any passenger unless I am authorized to do so in advance.
7) I will wear a seat belt at all times while I am operating or riding in a customer or Company vehicle
and I will remind those riding with me of this requirement.
8) I will comply with all speed limits and traffic regulations.
9) I understand and agree that I will be personally responsible for paying any traffic citations that I
receive as well as for any damage to a Company vehicle that is not covered by insurance and for
which I am the responsible party.
10) I authorize the Company to check my driving record from time to time to ensure that I am
complying with this policy.
Violation of any of these rules can result in immediate termination.
I HAVE READ AND UNDERSTAND THIS POLICY AND I WILL COMPLY WITH IT.
Date
Associate Signature
48
The Crain Companies
Sherwood, AR 72124
Phone: (501) 542-5200
Non-Solicitation Agreement
As a condition of my employment or continued employment with the Company, I voluntarily enter
into this Agreement. I acknowledge that I have or will assume special responsibilities and duties as a
manager, and that my influence over subordinate associates and others with whom I work or will work at
the Company may be considerable. Accordingly, to protect the Company from unfair competition, for the
twelve (12) month period immediately following the termination of my employment with the Company
for any reason, I covenant and agree that I will not, directly or indirectly, for myself or for any other person
or entity, hire or solicit for hire any associate of the Company employed at the time of the termination of
my employment or within the one-year period prior thereto, or encourage any such associate to leave the
employment of the Company for any reason. I further understand that any breach or threatened breach of
this Agreement may cause harm to the Company, which cannot be repaired solely with the payment of
money damages and, therefore, I consent to the entry of an injunction without limiting any other remedies
available to the Company.
AGREED this
day of
,
Associate (Signature):
Associate (Printed):
49
.
The Crain Companies
Sherwood, AR 72124
Phone: (501) 542-5200
Certification Regarding Cash Reporting and Money Laundering
My signature at the end of this Statement certifies my understanding that the Company will comply
with all cash reporting laws and regulations as required by 26 U.S.C. • 60501.
As a condition of my employment or continued employment with the Company, I agree to abide by
all IRS cash reporting regulations and to follow all policies and procedures concerning cash reporting that
are established by the Company.
Specifically, I agree to abide by the following requirements and procedures:
I will,
• Attend any meeting concerning cash reporting education conducted by the Company and I
understand that attendance at any such meeting is mandatory.
• Not discuss cash reporting laws with customers. All customer questions concerning this subject
will be referred to the Sales Manager.
• Never structure payments with a customer in such a way so as to avoid the cash reporting
requirements. I understand that structuring transactions may constitute a violation of federal law,
which could result in a felony conviction. I also understand that violation of this rule may lead to
discipline, up to and including termination of my employment.
• Never take money from a customer that I know is derived from illegal activities. I understand that
knowingly taking money resulting from illegal activities may violate federal money laundering
statutes. The Company’s policy is never to accept any funds derived from illegal activities.
I understand that any violation of this policy can result in immediate termination.
Date
Associate Signature
50
The Crain Companies
Sherwood, AR 72124
Phone: (501) 542-5200
PRE-EXISTING CONDITION EXCLUSION NOTICE
The time period in which pre-existing conditions are not covered under the health insurance is one year
from the date of hire (or, for late enrollees, one year from the effective date of coverage).
In order to waive this time period:
1.
You must provide the Payroll Department with a Certificate of Credible Coverage from your
current or previous health insurance company.
2.
You must not have had a break in coverage for more than 63 days. This does not include the
time you are employed by Crain while waiting for your insurance to be effective.
3.
The amount of time deducted from the wait period will be equal to the amount of time covered
according to your certificate of Coverage. For instance, if you have had coverage for 6 months
prior to your hire date, your wait period will be reduced by 6 months.
“I have received notice of the Pre-Existing Condition Exclusion Notice.”
Employee Name:
(Please Print)
Employee Signature:
Date:
51
Disclaimer, Acknowledgement and Consent
Regarding Recording of Outgoing and Incoming Calls
Crain Automotive Holdings, LLC and owned dealerships, Crain Ford, Inc., Crain Media, LLC,
Crain Investments, LP and affiliated entities.
The value of proper call handling is crucial for our businesses. The benefits of phone call training are
obvious, and this training is enhanced by using “real call” examples. These examples allow us to
acknowledge a job well done, track leads and sales opportunities as well as isolate possible needs for
improvement. Effective March 5, 2012, all Crain Companies will begin recording all outgoing and
incoming calls to all numbers including direct dial lines. On incoming calls, the caller will initially hear
a greeting, including a phrase similar to: “this call may be recorded for quality assurance and training
purposes”, before the call is answered. This serves as proper notification, which allows the caller the
option of disconnecting the call. The greeting and process are very common to many businesses today and
we have used this for certain inbound calls for several years. On outgoing calls, no notification is required
in Arkansas since you, as the caller, are aware that the call is being recorded and have given your consent.
Arkansas
Ark. Code Ann. § 5- It is lawful to record a communication if one is a party to the communication or has
80-120(a)
received the prior consent of a party to the communication
For the purpose of placing outbound calls, please be advised that all outbound calls may be
recorded. By signing this form, you consent that your inbound and outbound calls may be recorded
and you specifically stipulate that you are aware that outbound calls are being recorded. Your
signature below acknowledges the following:
•
Our phone systems and certain vendor services allow managers with administrative privileges to
listen to active calls and/or play back recorded calls.
•
All calls going through our phone systems and certain vendor services will be recorded. These
calls may be monitored or evaluated by an outside company, for the purpose of quality control,
training and testing.
•
The configuration of our phone systems and certain vendors services may change without your
knowledge.
By signing this document, you acknowledge and consent for the management team to use our phone
systems and certain vendor services to record phone calls for the purpose of quality control, training,
evaluation of the types of calls made and received as well as testing.
Employee Signature
Printed Name
Date
52
ARKANSAS MOTOR VEHICLE COMMISSION
101 E. Capitol, Suite 204
Little Rock, AR 72201
Phone: (501) 682-1428
Fax:
(501) 682-5573
E-Mail: vicki.wright@arkansas.gov
Website: amvc.arkansas.gov
2015 Initial Dealership Salesperson
$15.00
The following employees must obtain a sales license:
General Managers, Sales Managers,
Sales Personnel and Financiers.
Please type or print clearly. Incomplete or illegible applications will be returned.
1.
2.
3.
4.
5.
Application must be submitted within 30 calendar days of employment.
Incomplete Applications will be returned.
Provide a legible copy of current drivers license or picture I.D. (Please enlarge to assure legible copy)
Mail this application and the appropriate fee to the above address.
The original license certificate should be retained by the employee.
ALL EMPLOYEE LICENSES WILL EXPIRE ON DECEMBER 31, 2015 REGARDLESS OF DATE OBTAINED.
AMVC License Number:
. (This number will be assigned by AMVC)
Name: First:
MI:
/
Social Security #:
/
Drivers License #:
Home Phone: (
Last:
State Issued:
)
Cell Phone: (
)
Date of Birth:
/
/
Expiration Date:
/
/
Work Phone: (
)
Mailing Address:
City:
State:
Zip:
Home Address:
City:
State:
Zip:
Employer License #:
DBA Name of Employer:
Sales Applications Contact Person:
)
Phone: (
Ext:
Title:
Fax: (
)
Mailing Address:
Email:
City:
State:
Zip:
Please answer the following questions: Application will be returned if incomplete.
(1)
(2)
(3)
(4)
Have you ever been refused a motor vehicle commission sales license in any State or had such license revoked or
suspended?
Yes
Have you ever knowingly violated any law relating to the sale, distribution or financing of a motor vehicle? Yes
Have you ever been convicted of odometer tampering?
Yes
/
When did you begin work with present employer as a salesperson?
Applicant Signature
No
No
No
/
Date
Application will be returned for signature.
The foregoing answers by the above applicant have been read by me and are believed to be true to the best of my knowledge and belief. The applicant is recommended
as trustworthy and a person who will abide by the provisions of the law and the rules governing the sale and distribution of new motor vehicles in Arkansas.
Authorized Signature of Employer
Date
53
ARKANSAS MOTOR VEHICLE COMMISSION
101 E. Capitol, Suite 204
Little Rock, AR 72201
Phone: (501) 682-1428
Fax:
(501) 682-5573
E-Mail: vicki.wright@arkansas.gov
Website: amvc.arkansas.gov
2015 Dealer Salesperson Renewal:
$15.00
The following employees must obtain a AMVC license:
General Managers, Sales Managers,
Sales Personnel and Financiers.
Please type or print clearly. Incomplete or illegible applications will be returned.
1. Application must be submitted within 30 calendar days of employment.
2. Mail this application and the appropriate fee to the above address.
3. The original license certificate should be retained by the employee.
ALL EMPLOYEE LICENSES WILL EXPIRE ON DECEMBER 31, 2015 REGARDLESS OF DATE OBTAINED.
AMVC License Number
(Can be found in upper left corner of current license certificate and it is not your driver’s license #)
Name: First
MI
-
Social Security #:
-
Drivers License #:
Home Phone: (
Last
State Issued:
)
Cell Phone: (
Date of Birth:
/
/
Expiration Date:
/
/
Work Phone: (
)
)
Mailing Address:
City:
State:
Zip:
Home Address:
City:
State:
Zip:
When did you begin work with present employer as a Manager, Sales Personnel or Financier?
/
/
Employer License #:
DBA Name of Employer:
Sales Applications Contact Person:
)
Phone: (
Ext:
Title:
Fax: (
)
Mailing Address:
Email:
City:
Applicant Signature
State:
Zip:
Date
The foregoing answers by the above applicant have been read by me and are believed to be true to the best of my knowledge and belief. The applicant is recommended
as trustworthy and a person who will abide by the provisions of the law and the rules governing the sale and distribution of new motor vehicles in Arkansas.
Authorized Signature of Employer
Date
54
55
The Crain Companies
Sherwood, AR 72124
Phone: (501) 542-5200
Request For Fuelman Pin Number
(Please Print Clearly)
Requested By:
(Manager)
Sales personnel Name:
Date:
Dealership: Crain Ford Jac:
(Please check)
Crain Buick-GMC:
Crain RV:
Crain Chevy:
Crain Kia:
Media:
Crain Mazda:
Hyundai Bent:
Hyundai Fay:
Hyundai N:
Hyundai WLR:
To Payable Department
Issued Number:
Date Issued:
Issued By:
56
The Crain Companies
Sherwood, AR 72124
Phone: (501) 542-5200
Pledge Regarding Use of Demonstrators
I understand the Company’s policies regarding my use of a Company-provided demonstrator automobile, and that
its policies and regulations have been developed, in part, to allow use of such an automobile on a tax-free basis whereby
the Company will not withhold taxes from my pay on account of the value, if any, of my personal use of such vehicle,
however such tax free use cannot and is not guaranteed, so I understand that the payment of any taxes that may be owing
on account of such use is my sole responsibility. Accordingly, at a minimum, I understand I must comply with all of the
following requirements:
7. I understand that I have been provided with a demonstrator primarily to facilitate my performance of services for
the Company and agree to use the demonstrator primarily for that purpose. I further agree that I will make sure
that any automobile provided me is available for test drives by customers during my working hours.
8. I agree to use any automobile provided to me only in the sales area in which the Company is located. I
understand that the sales area in which I may use this demonstrator is a 25-mile radius from the
Company location.
9. I agree that I will not allow any of my friends, associates, or family members to use any demonstrator
provided to me.
10. I agree to the substantial restrictions imposed by the Company on my personal use of any demonstrator
provided, including that I may not store personal possessions in the demonstrator, I may not use the
demonstrator for vacation trips, and I may not drive the demonstrator more than 1500 miles per month.
11. I agree to keep adequate records to substantiate that my use of any Company-provided demonstrator
complies with these restrictions. As such, I agree to maintain a log that contains all information
required by the Company to account for all my use of any demonstrator during each week. I further
agree to make entries in such log as close in time to my actual use of the demonstrator as possible. I
understand the maintenance of these records is my sole responsibility.
12. I agree to abide by these conditions and the conditions set forth in the Company’s Demonstrator Policy,
with the understanding that the Company has the right to change, add, delete or otherwise modify these
policies at any time and that I will be required to adhere to these changes.
I have read this pledge and I understand its conditions. By signing in the space provided below, I acknowledge that I
have promised to comply with the restrictions in this pledge limiting my use of demonstrators.
I acknowledge that even if I satisfy all the requirements set forth in this pledge, there is no assurance that I will be
able to use a demonstrator on a tax-free basis. This uncertainty results, in part, from the fact that the law is unclear
regarding the number of non-demonstration miles a sales person may use a demonstrator and still satisfy these
requirements. Thus, notwithstanding the Company’s 1500-mile monthly limit, as a sales agent, I understand I should limit
my non-demonstration use of a demonstrator as much as possible. I understand that if my non-demonstration use is deemed
excessive, or if I otherwise fail to comply with this pledge and even if I do comply with this pledge, I could be exposed to
a liability for additional taxes, penalties and interest, for which I assume full responsibility. I understand that compliance
with these policies and requirements is not a guarantee by the Company that my use of a demonstrator will be tax-free, in
whole or in any part, that whether or not such use is tax free will be determined by the Internal Revenue Service and other
57
entities over which the Company has no influence or control. I assume full responsibility to obtain my
own tax advice regarding my use of a demonstrator.
Finally, I acknowledge that I have received notice that the Company has elected not to withhold
income taxes on the value, if any, of my personal use of demonstrator automobiles with which I will be
provided, yet I understand that the value of my personal use nonetheless will be reported on my W-2 form
for each calendar year based solely on information I provide the Company regarding my personal use of
any demonstrator[s] and that I may, at my sole option, elect to increase my withholding from my wages
by submitting a revised W-4 form (and/or other applicable state income tax exemption form) so that I
should not need to make quarterly estimated tax payments. In all events, I understand that I am solely
responsible for providing the Company with accurate information regarding my personal use of any
demonstrator[s], for requesting a change or increase in my withholding, and for any taxes that may
become owing on account of my use of Company-provided demonstrators.
Date
Associate Signature
[Must be completed each time a demonstrator is assigned]
Demonstrator unit out:
Stock # Assigned:
Mileage Out:
Date Out:
GM or GSM Approval:
Demonstrator unit in:
Mileage In:
Date in:
Mileage since assignment:
Vehicle returned in original condition unless noted by:
Discrepancies:
58
In compliance with policy:
The Crain Companies
6055 Landers Road
North Little Rock, AR 72117
Phone: (501) 255-5200 Fax: (501) 945-4045
Receipt of Telecheck Policy
This acknowledges that I have received a copy of Crain Automotive Holdings, LLC Telecheck Policy. As
an associate of Crain Automotive Holdings, LLC, I acknowledge that I have reviewed this policy and been
given the opportunity to ask my supervisor and/or other appropriate management personnel about any
portion of this policy I do not understand. I also understand that Crain Automotive Holdings, LLC has the
right to change, add, delete or otherwise modify the rules, policies, practices, procedures or other
information provided in this policy at any time. I agree to abide by these rules, policies, practices,
procedures and other requirements of this policy.
If I have any questions about this policy, I understand that I should ask my supervisor or another
member of management.
Date
59
60
61
Hyn. Bent.
Buick GMC
Ford Jac.
Chevy
Kia NLFR
Hyn. Fay.
Mazda
Hyn. WLR
RV
Hyn. North
The Crain Companies
Sherwood, AR 72124
Phone: (501) 542-5200
62
Employee #
Location:
Crain Automotive
Direct Deposit Authorization
I hereby authorize Crain Automotive to initiate credit and/or debit entries to my account(s) indicated below and the
financial institution named below, hereinafter called FINANCIAL INSTITUTION, to credit and/or debit the same to such
account. I acknowledge that the origination of ACH transactions to my account must comply with the provisions of U.S. law.
Primary Account (Deposit Net Pay)
(Financial Institution Name)
(Address)
(City/State)
(Zip)
Type of Acct:
(Routing Number)
Checking
Savings
(Account Number)
Secondary Account (Deposit $
)
(Financial Institution Name)
_________________________________________________________________________
(Address)
(City/State)
(Zip)
Type of Acct:
(Routing Number)
Checking
Savings
(Account Number)
This authority is to remain in full force and effect until Crain Automotive has received written notification from me of its
termination in such time and manner as to afford Crain Automotive and FINANCIAL INSTITUTION a reasonable opportunity
to act on it.
I UNDERSTAND THAT MONTHLY COMMISSION/BONUS CHECKS COULD BE
DEPOSITED UP TO 3 BUSINESS DAYS AFTER THE 15TH.
(Print Individual Name)
(Signature)
(Date)
PLEASE ATTACH COPY OF VOIDED CHECK TO THIS FORM!
63
64
FMLA Amendments:
The Defense Authorization Act recently signed by President Bush contains amendments to the Family and Medical Leave Act
of which you should be aware.
These amendments extend FMLA leave to employees who have family members in the military and essentially create two new
categories of FMLA leave:
(1) Leave during a family member’s active duty – Employees who have a spouse, parent or
child on active duty in the military may take up to 12 weeks of FMLA leave yearly when
they have a “qualifying exigency.” The Department of Labor will ultimately issue
regulations that define “qualifying exigency,” but until then, you need to make a good faith
effort to comply with this requirement.
(2) Leave to care for injured service member – Employees who are the spouse, parent, child
or next of kin of a service member who has a serious illness or injury arising out of being
on active duty may take up to 26 weeks of leave to care for the injured service member in
one 12-month period. Employees may take injured service member leave intermittently
but must use it up within 12 months. We assume the DOL will issue implementing
regulations for this type of leave as well.
65
General Notice of Preexisting Condition Exclusion
This plan imposes preexisting condition exclusion. This means that if you have a medical condition before coming to our plan,
you might have to wait a certain period of time before the plan will provide coverage for that condition. This exclusion applies
only to conditions for which medical advice, diagnosis, care, or treatment was recommended or received within a 6-month
period. Generally, this 6-month period ends the day before your coverage becomes effective. However, if you were in a waiting
period for coverage, the 6-month period ends on the day before the waiting period begins. The preexisting condition exclusion
does not apply to pregnancy nor to a child who is enrolled in the plan within 30 days after birth, adoption, or placement for
adoption.
This exclusion may last up to 12 months (18 months if you are a late enrollee) from the first day of coverage, or, if you were
in a waiting period, from the first day of your waiting period. However, you can reduce the length of this exclusion period by
the number of days of your prior “creditable coverage.” Most prior health coverage is creditable coverage and can be used to
reduce the preexisting condition exclusion if you have not experienced a break in coverage of at least 63 days. To reduce the
12-month (or 18-month) exclusion period by your creditable coverage, you should give us a copy of any certificates of
creditable coverage you have. If you do not have a certificate, but you do have prior health coverage, we will help you obtain
one from your prior plan or issuer. There are also other ways that you can show you have creditable coverage. Please contact
us if you need help demonstrating creditable coverage.
Special Enrollment Notice
If you are declining enrollment for yourself or your dependents (including your spouse) because of other health insurance or
group health plan coverage, you may be able to enroll yourself and your dependents in this plan if you or your dependents lose
eligibility for that other coverage (or if the employer stops contributing toward your or your dependents’ other coverage).
However, you must request enrollment with 31 days after your or your dependants’ other coverage ends (or after the employer
stops contributing toward the other coverage).
In addition, if you have a new dependent as a result of marriage, birth, adoption, or placement for adoption, you may be able
to enroll yourself and your dependents. However, you must request enrollment within 31 days after the marriage, birth,
adoption, or placement for adoption.
To request special enrollment or obtain more information, contact Payroll Administrator at 501-542-5068.
Crain Automotive Holdings, LLC
Mailing Address: P.O. Box 6070, Sherwood, AR 72124
Physical Address: 5980 Wadley Road, Sherwood, AR 72120
501.542.5200
66
WHCRA Enrollment Notice
If you have had or are going to have a mastectomy, you may be entitled to certain benefits under the
Women’s Health and Cancer Rights Act of 1998 (WHCRA). For individuals receiving mastectomy-related benefits,
coverage will be provided in a manner determined in consultation with the attending physician and the patient, for:
•
•
•
•
All stages of reconstruction of the breast on which the mastectomy was
performed;
Surgery and reconstruction of the other breast to produce a symmetrical
appearance;
Prostheses; and
Treatment of physical complications of the mastectomy, including
lymphedema.
These benefits will be provided subject to the same deductibles and coinsurance applicable to other medical and
surgical benefits provided under this plan.
Newborns’ Act Disclosure
Group health plans and health insurance issuers generally may not, under Federal law, restrict benefits for any
hospital length of stay in connection with childbirth for the mother or newborn child to less than 48 hours following
a vaginal delivery, or less than 96 hours following a cesarean section. However, Federal law generally does not
prohibit the mother’s or newborn’s attending provider, after consulting with the mother, from discharging the mother
or her newborn earlier than 48 hours (or 96 hours as applicable). In any case, plan and issuers may not, under
Federal law, require that a provider obtain authorization from the plan or the insurance issuer for prescribing a
length of stay not in excess of 48 hours (or 96 hours).
Crain Automotive Holdings, LLC
Mailing Address: P.O. Box 6070, Sherwood, AR 72124
Physical Address: 5980 Wadley Road, Sherwood, AR 72120
501.542.5200
67

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Transcription

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