1961 Diamond Springs Road

Virginia Beach, VA 23455

Phone (757) 460-6308

Fax (757) 457-9345

NEW YORK EMPLOYEES

MANCON Employees,

Included in this packet is the following information:

1. Correction Law

2. Discrimination Poster

3. Minimum Wage Poster

4. Safety Poster

5. Smoking Brochure

6. Workers Compensation Notice

7. Unemployment Notice

8. Right to Know

9. Paid Family Leave Notice

10. Notice to Nursing Mothers

11. Time Off to Vote

If you have any questions, please contact your supervisor.

Thanks,

Human Resources

NEW YORK CORRECTION LAW ARTICLE 23-A

LICENSURE AND EMPLOYMENT OF PERSONS PREVIOUSLY CONVICTED OF ONE OR MORE CRIMINAL OFFENSES

Section 750. Definitions. 751. Applicability. 752. Unfair discrimination against persons previously convicted of one or more criminal offenses prohibited. 753. Factors to be considered concerning a previous criminal conviction; presumption. 754. Written statement upon denial of license or employment. 755. Enforcement. §750. Definitions. For the purposes of this article, the following terms shall have the following meanings: (1) "Public agency" means the state or any local subdivision thereof, or any state or local department, agency, board or commission. (2) "Private employer" means any person, company, corporation, labor organization or association which employs ten or more persons. (3) "Direct relationship" means that the nature of criminal conduct for which the person was convicted has a direct bearing on his fitness or ability to perform one or more of the duties or responsibilities necessarily related to the license, opportunity, or job in question. (4) "License" means any certificate, license, permit or grant of permission required by the laws of this state, its political subdivisions or instrumentalities as a condition for the lawful practice of any occupation, employment, trade, vocation, business, or profession. Provided, however, that "license" shall not, for the purposes of this article, include any license or permit to own, possess, carry, or fire any explosive, pistol, handgun, rifle, shotgun, or other firearm. (5) "Employment" means any occupation, vocation or employment, or any form of vocational or educational training. Provided, however, that "employment" shall not, for the purposes of this article, include membership in any law enforcement agency.

§751. Applicability. The provisions of this article shall apply to any application by any person for a license or employment at any public or private employer, who has previously been convicted of one or more criminal offenses in this state or in any other jurisdiction, and to any license or employment held by any person whose conviction of one or more criminal offenses in this state or in any other jurisdiction preceded such employment or granting of a license, except where a mandatory forfeiture, disability or bar to employment is imposed by law, and has not been removed by an executive pardon, certificate of relief from disabilities or certificate of good conduct. Nothing in this article shall be construed to affect any right an employer may have with respect to an intentional misrepresentation in connection with an application for employment made by a prospective employee or previously made by a current employee.

§752. Unfair discrimination against persons previously convicted of one or more criminal offenses prohibited. No application for any license or employment, and no employment or license held by an individual, to which the provisions of this article are applicable, shall be denied or acted upon adversely by reason of the individual's having been previously convicted of one or more criminal offenses, or by reason of a finding of lack of "good moral character" when such finding is based upon the fact that the individual has previously been convicted of one or more criminal offenses, unless: (1) There is a direct relationship between one or more of the previous criminal offenses and the specific license or employment sought or held by the individual; or (2) the issuance or continuation of the license or the granting or continuation of the employment would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.

§753. Factors to be considered concerning a previous criminal conviction; presumption. 1. In making a determination pursuant to section seven hundred fifty-two of this chapter, the public agency or private employer shall consider the following factors: (a) The public policy of this state, as expressed in this act, to encourage the licensure and employment of persons previously convicted of one or more criminal offenses. (b) The specific duties and responsibilities necessarily related to the license or employment sought or held by the person. (c) The bearing, if any, the criminal offense or offenses for which the person was previously convicted will have on his fitness or ability to perform one or more such duties or responsibilities. (d) The time which has elapsed since the occurrence of the criminal offense or offenses. (e) The age of the person at the time of occurrence of the criminal offense or offenses. (f) The seriousness of the offense or offenses. (g) Any information produced by the person, or produced on his behalf, in regard to his rehabilitation and good conduct. (h) The legitimate interest of the public agency or private employer in protecting property, and the safety and welfare of specific individuals or the general public. 2. In making a determination pursuant to section seven hundred fifty-two of this chapter, the public agency or private employer shall also give consideration to a certificate of relief from disabilities or a certificate of good conduct issued to the applicant, which certificate shall create a presumption of rehabilitation in regard to the offense or offenses specified therein. §754. Written statement upon denial of license or employment. At the request of any person previously convicted of one or more criminal offenses who has been denied a license or employment, a public agency or private employer shall provide, within thirty days of a request, a written statement setting forth the reasons for such denial. §755. Enforcement. 1. In relation to actions by public agencies, the provisions of this article shall be enforceable by a proceeding brought pursuant to article seventy-eight of the civil practice law and rules. 2. In relation to actions by private employers, the provisions of this article shall be enforceable by the division of human rights pursuant to the powers and procedures set forth in article fifteen of the executive law, and, concurrently, by the New York city commission on human rights.

Attention Miscellaneous

Industry Employees Minimum Wage hourly rates effective 12/31/2018 – 12/30/2019

New York City Large Employers (11 or more employees) Small Employers (10 or less employees)

Minimum Wage $15.00 Overtime after 40 hours $22.50

Tipped workers At least $11.35 or $12.75

Overtime after 40 hours $18.85 or $20.25

Minimum Wage $13.50 Overtime after 40 hours $20.25

Tipped workers At least $10.20 or $11.45

Overtime after 40 hours $16.95 or $18.20

Long Island and Westchester County

Remainder of New York State

Minimum Wage $12.00

Overtime after 40 hours $18.00 Tipped workers

At least $9.05 or $10.20 Overtime after 40 hours $15.05 or $16.20

Minimum Wage $11.10 Overtime after 40 hours $16.65

Tipped workers At least $8.40 or $9.45

Overtime after 40 hours $13.95 or $15.00

If you have questions, need more information or want to file a complaint, please visit

www.labor.ny.gov/minimumwage or call: 1-888-469-7365. Credits and Allowances that may reduce your pay below the minimum wage rates shown above:

• Tips – Your employer may use a limited amount of your tips to reduce your wages. This is called a tip credit. Your employer may take a tip credit only if your tips plus wages add up to at least the minimum wage. They must still pay you at least the tipped wage rates shown above.

• Meals and lodging – Your employer may claim a limited amount of your wages for meals and lodging that they provide to you, as long as they do not charge you anything else. The rates and requirements are set forth in wage orders and summaries, which are available online.

Extra Pay you may be owed in addition to the minimum wage rates shown above:

• Overtime – You must be paid 1½ times your regular rate of pay (no less than amounts shown above) for weekly hours over 40 (or 44 for residential employees).

Exceptions: Overtime is not required for salaried professionals, or for executives and administrative staff whose weekly salary is more than 75 times the minimum wage rate.

• Call-in pay – If you go to work as scheduled and your employer sends you home early, you may be entitled to extra hours of pay at the minimum wage rate for that day.

• Spread of hours – If your workday lasts longer than ten hours, you may be entitled to extra daily pay. The daily rate is equal to one hour of pay at the minimum wage rate.

• Uniform maintenance – If you clean your own uniform, you may be entitled to additional weekly pay. The weekly rates are available online.

LS 207 (12/18) Minimum Wage Poster Post in Plain View

P208 (7/17) The New York State Department of Labor is an Equal Opportunity Employer/Program. Auxiliary aids and services are available upon request to individuals with disabilities.

EmployersEmployers must provide employees with a workplace that is:

• free from recognized hazards,

• in compliance with the safety and health standards that apply to the workplace, and

• in compliance with any other regulations issued under the PESH Act by the Commissioner of Labor.

EmployeesEmployees must comply with all safety and health standards that apply to their actions on the job. Employees must also comply with any regulations issued under the PESH Act that apply to their job.

EnforcementThe New York State Department of Labor administers and enforces the PESH Act. The Commissioner of Labor issues safety and health standards. The Department’s Division of Safety and Health (DOSH) has Inspectors and Hygienists who inspect workplaces to make sure they are following the PESH Act.

InspectionWhen DOSH staff inspect a workplace, a representative of the employer and a representative approved by the employees must be allowed to help with the inspection. When there is no employee-approved representative, DOSH staff must speak with a fair number of employees about the safety and health conditions in the workplace.

Order to ComplyIf the Department believes an employer has violated the PESH Act, we will issue an order to comply notice to the employer. The order will list dates by which each violation must be fixed. If violations are not fixed by those dates, the employer may be fined.

The order to comply must be posted at or near the place of violation, where it can be easily seen. This is to warn employees that a danger may exist.

Post Conspicuously

ComplaintAny interested person may file a complaint if they believe there are unsafe or unhealthful conditions in a public workplace. This includes:

• An employee

• A representative of an employee

• Groups of employees

• A representative of a group of employees

Make this complaint in writing to the nearest DOSH office or by email to: Ask.SHNYPESH@labor.ny.gov. On request, DOSH will not release the names of any employees who file a complaint. The Department of Labor will evaluate each complaint. The Department will notify the person who made the complaint of the results of the investigation.

These complaints may also be made to the United States Department of Labor, Occupational Safety and Health Administration online at: www.osha.gov.

DiscriminationEmployees may not be fired or discriminated against in any way for filing safety and health complaints or otherwise exercising their rights under the Act.

If an employee believes that they have been discriminated against, he or she may file a complaint with the nearest DOSH office. File this complaint within 30 days of the discrimination incident.

Voluntary ActivityThe Department of Labor encourages employers and employees to voluntarily:

• reduce workplace hazards, and

• develop and improve safety and health programs in all workplaces.

The Division of Safety and Health can provide free help with identifying and correcting job site hazards. Employers may request this assistance on a voluntary basis by emailing: Ask.SHNYPESH@labor.ny.gov.

The New York State Public Employee Safety and Health Act of 1980 provides job safety and health protection for workers through the promotion of safe and healthful working conditions throughout the State. Requirements of the Act include the following:

Albany DistrictState Office CampusBldg. 12, Rm. 158Albany, NY 12240Tel: (518) 457-5508

Binghamton District44 Hawley St., Rm. 901Binghamton, NY 13901Tel: (607) 721-8211

Buffalo District65 Court StreetBuffalo, NY 14202Tel: (716) 847-7133

Additional information may be obtained from the nearest DOSH District Office below:

Syracuse District450 South Salina StreetSyracuse, NY 13202Tel: (315) 479-3212

Utica District207 Genesee StreetUtica, NY 13501Tel: (315) 793-2258

White Plains District120 Bloomingdale RoadWhite Plains, NY 10605Tel: (914) 997-9514

Garden City District400 Oak StreetGarden City, NY 11550Tel: (516) 228-3970

New York City District75 Varick St., 7th FloorNew York, NY 10013Tel: (212) 775-3554

Rochester District109 S. Union St., Rm. 402Rochester, NY 14607Tel: (585) 258-8806

Labor Law Information Relating to

Public Employees Job Safety & Health Protection

How does this act affect private offices?Employees with private offices cannot smokein their office, or anywhere in the building.

Am I required to provide a smokingbreak room for my employees?No. In fact, the Act prohibits employers fromproviding a smoking break room for employ-ees. Businesses with separately ventilatedrooms for their smoking employees cannotallow smoking in these rooms or anywhereelse in the building.

How will the act be enforced?The owner, manager or operator of an area open to the public, food service establishment, or bar, that is covered by this Act must make a reasonable effort toprevent smoking.

How can I file a complaint? Employees and the public may report, confidentially, violations of the Act to theirlocal health departments, county board ofhealth or their district health office foraction. You can find the telephone number in the government section of your telephonebook, or at www.health.state.ny.us.

Should signs be posted? Yes. “No Smoking” or “Smoking” signs or a sign with the international “no smoking”symbol on it must be prominently posted andproperly maintained where smoking is pro-hibited or permitted.

What are the penalties?The enforcement officer for a city or countyhealth department can assess a penalty of up to $1,000 for each violation. In areaswhere the State Health Department is theenforcement officer, a fine of up to $2,000may be assessed.

How can I find more information?For more information about the Act, call 1-800-458-1158, ext. 2-7600.

Where can I get information on quitting?If you smoke and want to quit, call the New York State Smokers’ Quit Line at 1-866-NY-QUITS (1-866-697-8487), for freeinformation, or visit www.nysmokefree.com.

Effective July 24, 2003

New York State’s

CLEANINDOOR

Air Act

STATE OF NEW YORKDepartment of Health

Antonia C. Novello, M.D., M.P.H., Dr. P.H., Commissioner

3403 7/03

Effective July 24, 2003, the amended NewYork State Clean Indoor Air Act (PublicHealth Law, Article 13-E) prohibits smokingin virtually all workplaces, including restaurants and bars. The changes in the Act reflect the state’s commitment to ensuring that all workers are protected from secondhand smoke. Localities maycontinue to adopt and enforce local lawsregulating smoking. However, these regulations must be at least as strict as the Clean Indoor Air Act.

What is secondhand smoke?Also called environmental tobacco smoke(ETS) secondhand smoke is a mixture of the smoke given off by the burning end of a cigarette, pipe or cigar, and the smokeexhaled from the lungs of smokers. TheU.S. Environmental Protection Agency (EPA)reports that secondhand smoke containsmore than 4,000 substances, 43 of whichare known to cause cancer in humans or animals and many of which are strong irritants.

The EPA estimates that secondhand smokecauses up to 62,000 deaths each yearamong nonsmokers in the United States,including 3,000 deaths due to lung canceralone. An estimated 300,000 childrennationwide develop lower respiratory infections each year as a result of exposureto secondhand smoke, with approximately15,000 of these children hospitalized due totheir infections. And, exposure to second-hand smoke is a primary cause of asthma.

• Retail tobacco businesses (primaryactivity is the retail sale of tobaccoproducts and accessories, and the saleof other products is merely incidental);

• Membership associations where allduties related to the operation of the association are performed by volunteers who are not compensatedin any manner;

• Cigar bars in existence prior to January1, 2003 (where 10% or more of totalannual gross income is from the sale oftobacco products); and

• Up to 25% of seating in outdoor areasof restaurants with no roof or ceilingenclosure may be designated smoking areas.

Are there any special circumstanceswhere smoking is permitted?Yes. Smoking is allowed in restaurants,bars, hotel and motel conference rooms,catering halls, convention halls and othersimilar establishments ONLY when theenclosed areas are being used for the solepurpose of inviting the public to sampletobacco products and serving food and drinkis incidental to such purpose. A businessestablishment may schedule no more thantwo days in a calendar year for these events.

If my business is not listed in theabove lists, does the act apply?If your type of business is not specificallylisted in the above lists, and you haveemployees, then you cannot allow smokingin your place of business.

Where is smoking prohibited?The Act states that smoking shall not be permitted and that no person shall smoke inthe following indoor areas:

• Places of employment;• Bars;• Restaurants;• Enclosed indoor swimming areas;• Public transportation including all

ticketing, boarding and waiting areas;buses, vans, taxicabs and limousines;

• All places of employment where servicesare offered to children;

• All schools, including school grounds;• All public and private colleges, universities

and other educational and vocationalinstitutions;

• General hospitals; • Residential health-care facilities, except

separately designated smoking roomsfor adult patients;

• Commercial establishments used for the purpose of carrying on or exercisingany trade, profession, vocation or charitable activity;

• All indoor arenas;• Zoos; and• Bingo facilities.

Where is smoking permitted?Smoking is permitted in the following areas or businesses:

• Private homes and private residenceswhen not used for day care; privateautomobiles;

• Hotel or motel rooms rented to one ormore guests;

New York State’sCLEAN INDOOR AIR ACT

Your employer must inform you of the health effects and hazards of toxic substances at your worksite.

Learn all you can about toxic substances on your job.

For more information,contact:

YOU HAVE A RIGHT TO KNOW!

Name

Location & Phone Number

THE RIGHT TO KNOW LAW WORKS FOR YOU.NEW YORK STATE DEPARTMENT OF HEALTH

2706 4/00

Paid Family Leave InsuranceCoverage Provided by: Standard Security Life Insurance Co. of NY

Covering Employees of: MANCON, LLC

• Notify your employer at least30 days in advance, if foreseeable,or as soon as possible

• Submit the Request for Paid Family Leave form to your employer

• Complete and attach the additional documentation as instructed onthe request form and submit to theinsurance carrier listed below

Paid Family Leave is insurancethat provides job protectedpaid time off to:

• Bond with a newly born, adopted,or fostered child

• Care for a family member witha serious health condition

• Assist loved ones when a family member is deployed abroad onactive military service

How to File:

Employers should NEVER discriminate or retaliate againstanyone who requests or takes Paid Family Leave

You can get forms to take Paid Family Leave from• Your employer,

• The insurance carrierbelow, or

• ny.gov/PaidFamilyLeave

Standard Security Life Insurance Company of NY485 Madison Avenue – 14th floorNew York, NY  10022646-509-2100

Policy #: Effective From: To:

Class(es) of Employees Covered: ALL ELIGIBLE UNDER DBL LAW

Statutory Under a Plan or Agreement

1/1/2018 9/30/2019D88824-000

NOTICE OF COMPLIANCE

PRESCRIBED BY THE CHAIR, WORKERS’ COMPENSATION BOARDTHIS NOTICE MUST BE POSTED CONSPICUOUSLY IN AND ABOUT THE EMPLOYER’S PLACE OR PLACES OF BUSINESS.

PFL-120 (11-17)

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New York State Election Law

§ 3-110. Time allowed employees to vote. 1. A registered voter may, without loss of pay for up to three hours, take off so much working time as will enable him or her to vote at any election.

2. The employee shall be allowed time off for voting only at the beginning or end of his or her working shift, as the employer may designate, unless otherwise mutually agreed.

3. If the employee requires working time off to vote the employee shall notify his or her employer not less than two working days before the day of the election that he or she requires time off to vote in accordance with the provisions of this section.

4. Not less than ten working days before every election, every employer shall post conspicuously in the place of work where it can be seen as employees come or go to their place of work, a notice setting forth the provisions of this section. Such notice shall be kept posted until the close of the polls on election day.

Attention All Employees Time Allowed

Employees to Vote on Election Day

N.Y. Election Law Section 3-110i

• As a registered voter, you may take off up to 3 hours, without loss of pay, to allow you time to vote.

• You may take time off at the beginning or end of your working shift, as your employer may designate, unless otherwise mutually agreed.

• You must notify your employer not less than 2 days before the day of the election that you will take time off to vote.

Rev 04.19.2019

i Employers: Not less than ten working days before any Election Day, every employer shall post conspicuously in the place of work where it can be seen as employees come or go to their place of work, a notice setting forth the provisions of this law. Such notice shall be kept posted until the close of the polls on Election Day.