REHIRE Application (TASTEFUL SELECTIONS)

Step 1 of 17 - Employment App - Part 1

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Today's Date

MM slash DD slash YYYY

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Initial Checkbox 1

Yes

Application for Employment - Part 1

IS THIS APPLICATION FOR A:(Required)

NEW EMPLOYEE?

REHIRE?

SHORT FORM (no tax forms or I9 needed)?

EE#:

Social Security #:(Required)

Date of Birth:(Required)

Name:(Required)

First Name Middle Iniitial Last Name

Email Address:

Address:(Required)

Street Address Apt/Unit# City State ZIP / Postal Code Country

Telephone:(Required)

Have you worked for this company before?

Yes

Emergency Contact:(Required)

Emergency Phone:(Required)

Application for Employment - Part 2

Initial of Employee:(Required)

I have requested and given my authorization to Esparza to assist me in completing this application.

Initial of Employee:(Required)

I have read and been provided a copy of all company policies and agreements
and agree to folllow them as a continuing condition of my "at will" employment.

These include (but are not limited to) the following:

Drug & Alcohol Policy
Good Agricultural Practices Policy
No Weapons at Work Policy
Security and Safety
Transportation Warning
Meal Period Waiver
No Work Before Shift
Sick Leave Policy
Attendance Policy
Policy Against Unlawful Harassment
Disability Accommodation Policy

Important: Before you sign, it is necessary that you read the following:

Any false statement may be the cause for termination of your job. You must understand that all job placements are considered a probationary status.
I understand under the immigration reform law that I must give proof that I am working legally in the United States and that this is a condition of this job.
I understand that I am working voluntarily.
I understand that I can stop working at any time for the Company, but it is my responsibility to notify my supervisor of the reason that I am leaving, understanding that this may affect my unemployment benefits.

Date(Required)

MM slash DD slash YYYY

Signature of Employee:(Required)

Click Here to Download Policy Documents

VOLUNTARY ETHNIC/RACIAL SELF-IDENTIFICATION

The Department of Fair Employment and Housing requires Esparza Enterprises to complete a report each year that lists the ethnicity of its employees. You may voluntarily self-identify according the following descriptions:

Gender:(Required)

Male

Female

Non-Binary

Ethnicity/Race:(Required)

Hispanic or Latino

White

Black or African American

Native Hawaiian or Other Pacific Islander

Asian

American Indian or Alaska Native

Two or more races

Description of Work

Description of the Specified Job:(Required)

The following physical requirements are retained for general industrial work. For which you are applying. These physical requirements are essential functions for ability, certifications, years of experience or other qualities, required to perform the job description.

When the conditional work has been offered, please be aware that all the personnel are required to be in good physical condition and will be required to perform a physical with the doctor who provided by the company.

These questions belong to the essential job description to which you are applying for.

You have to be able to perform this duties or functions:

Work 10 hours, if it is required.
Be standing (at) for a period of time.
Be standing (at) during the whole shift you are working.
Lean or bend over regularly for the whole day you working.
Lean or bend over constantly for the whole day you are working.
Walk certain length.
Pick or carry 30lbs. constantly during your working shift.
Pick or carry 30lbs. regularly during your working shift.
Pick up or carry 50Ibs. might be required during your working shift.
Work where there is dust (use an inhaler, if it is required).
Use appropriate security equipment.
Reach over your head with 10 to 30lbs. of load regularly during your working shift.
Squeeze, grab or twist regularly during the working shift.
Go up and down the stairs during your working shift.
Bend over, lean, lift or twist during your working shift.
Read, understand and follow the Material Safety Data Sheet. (MSDS)
Maintain information to retain in the future.
Take direction and apply in the future.
Deal with different types of personalities.
Deal with working under pressure.
Be conscious to work at a fast pace.
Work in a cultural place.
Work in a motivated place and not be direct.
Go to work everyday, on time, without excuses.
Other (Only approved by Crew-leader or Supervisor)

Signature of Employee:(Required)

I certify that Yes, I am able to perform the essential functions, with or without reasonable accommodations.

NOTICE TO EMPLOYEE

Labor Code section 2810.5

EMPLOYEE

Employee Start Date:(Required)

EMPLOYER

Legal Name of Hiring Employer:

Physical Address of Hiring Employer’s Main Office:

Hiring Employer’s Telephone Number:

If the hiring employer is a staffing agency/business, the following is the other entity for whom this employee will perform work:

Employer's Business or Organization Name
Esparza Enterprises, Inc.

Employer's Business or Organization Address
3851 Fruitvale Ave, Bakersfield, CA 93308

Telephone Number
661-831-0002

WAGE INFORMATION

Employee Rate(s) of Pay:(Required)

**MUST ENTER PAY RATE**

Overtime Rate(s) of Pay:

Rate By:

Hour

Shift

Day

Week

Salary

Piece Rate

Commission

Other

Other Pay:

Does a written agreement exist providing the rate(s) of pay?

Yes

If yes, are all rate(s) of pay and bases thereof contained in that written agreement?

Yes

Regular Payday:

WORKERS’ COMPENSATION

Insurance Carrier’s Name:

Address:

Telephone Number:

Policy Number:

Self-Insured (Labor Code 3700) and Certificate Number for Consent to Self-Insure:

PAID SICK LEAVE

Unless exempt, the employee identified on this notice is entitled to minimum requirements for paid sick leave under state law which provides that an employee:

a. May accrue paid sick leave and may request and use up to 3 days or 24 hours of accrued paid sick leave per year;
b. May not be terminated or retaliated against for using or requesting the use of accrued paid sick leave; and
c. Has the right to file a complaint against an employer who retaliates or discriminates against an employee for
1. requesting or using accrued sick days;
2. attempting to exercise the right to use accrued paid sick days;
3. filing a complaint or alleging a violation of Article 1.5 section 245 et seq. of the California Labor Code;
4. cooperating in an investigation or prosecution of an alleged violation of this Article or opposing any policy or practice or act that is prohibited by Article 1.5 section 245 et seq. of the California Labor Code.

The following applies to the employee identified on this notice:

1. Accrues paid sick leave only pursuant to the minimum requirements stated in Labor Code §245 et seq. with no other employer policy providing additional or different terms for accrual and use of paid sick leave.

2. Accrues paid sick leave pursuant to the employer’s policy which satisfies or exceeds the accrual, carryover, and use requirements of Labor Code §246.

3. Employer provides no less than 24 hours (or 3 days) of paid sick leave at the beginning of each 12-month period.

4. The employee is exempt from paid sick leave protection by Labor Code §245.5. (State exemption and specific

ACKNOWLEDGEMENT OF RECEIPT

Signature of Employee:(Required)

The employee’s signature on this notice merely constitutes acknowledgement of receipt.

Labor Code section 2810.5(b) requires that the employer notify you in writing of any changes to the information set forth in this Notice within seven calendar days after the time of the changes, unless one of the following applies: (a) All changes are reflected on a timely wage statement furnished in accordance with Labor Code section 226; (b) Notice of all changes is provided in another writing required by law within seven days of the changes.

USCIS Form I-9 - Employment Eligibility Verification

START HERE: Read instructions carefully before completing this form. The instructions must be available, either in paper or electronically, during completion of this form. Employers are liable for errors in the completion of this form.

ANTI-DISCRIMINATION NOTICE: It is illegal to discriminate against work-authorized individuals. Employers CANNOT specify which document(s) an employee may present to establish employment authorization and identity. The refusal to hire or continue to employ an individual because the documentation presented has a future expiration date may also constitute illegal discrimination.

Section 1. Employee Information and Attestation

(Employees must complete and sign Section 1 of Form I-9 no later than the first day of employment, but not before accepting a job offer.)

Other Last Names Used:

I am aware that federal law provides for imprisonment and/or fines for false statements or use of false documents in connection with the completion of this form.

I attest, under penalty of perjury, that I am (check one of the following boxes):(Required)

1. A citizen of the United States

2. A noncitizen national of the United States (See instructions)

3. A lawful permanent resident (Alien Registration Number/USCIS Number):

4. An alien authorized to work until (expiration date, if applicable, mm/dd/yyyy):

Alien Registration Number/USCIS Number):(Required)

Expiration Date:(Required)

Some aliens may write "N/A" in the expiration date field. (See instructions)

Aliens authorized to work must provide only one of the following document numbers to complete Form I-9: An Alien Registration Number/USCIS Number OR Form I-94 Admission Number OR Foreign Passport Number.

Please Choose one of the following:(Required)

Alien Registration Number/USCIS Number

Form I-94 Admission Number

Foreign Passport Number

1. Alien Registration Number/USCIS Number:(Required)

2. Form I-94 Admission Number:(Required)

Foreign Passport Number:(Required)

Country of Issuance:(Required)

Signature of Employee:(Required)

Click Here to Download Policy Documents

Preparer and/or Translator Certification:

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(Fields below must be completed and signed when preparers and/or translators assist an employee in completing Section 1.)

A preparer(s) and/or translator(s) assisted the employee in completing Section 1.

I did not use a preparer or translator.

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Signature of Preparer or Translator:

I attest, under penalty of perjury, that I have assisted in the completion of Section 1 of this form and that to the best of my knowledge the information is true and correct.

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Last Name (Family Name):

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First Name (Given Name):

Employer's Business or Organization Name
Esparza Enterprises, Inc.

Employer's Business or Organization Address
3851 Fruitvale Ave, Bakersfield, CA 93308

Section 2. Employer or Authorized Representative Review and Verification

(Employers or their authorized representative must complete and sign Section 2 within 3 business days of the employee's first day of employment. You must physically examine one document from List A OR a combination of one document from List B and one document from List C as listed on the "Lists of Acceptable Documents.")

Citizenship/Immigration Status:(Required)

Identity and Employment Authorization:(Required)

List A

List B & List C

List A

Identity and Employment Authorization

Document Title:(Required)

Issuing Authority:(Required)

Document Number:(Required)

Expiration Date:(Required)

Document Title:

Issuing Authority:

Document Number:

Expiration Date:

Document Title:

Issuing Authority:

Document Number:

Expiration Date:

List B

Identity

Document Title:(Required)

Issuing Authority:(Required)

Document Number:(Required)

Expiration Date:(Required)

List C

Employment Authorization

Document Title:(Required)

Issuing Authority:(Required)

Document Number:(Required)

Expiration Date:(Required)

Document Title (REHIRE):(Required)

Document Number (REHIRE):(Required)

Expiration Date (REHIRE):(Required)

Additional Information:

Certification: I attest, under penalty of perjury, that (1) I have examined the document(s) presented by the above-named employee, (2) the above-listed document(s) appear to be genuine and to relate to the employee named, and (3) to the best of my knowledge the employee is authorized to work in the United States.

The Employee's First Day of Employment:

(See instructions for exemptions)

Signature of Employer or Authorized Representative:(Required)

Title of Employer or Authorized Representative:(Required)

First Name of Employer or Authorized Representative:(Required)

Last Name of Employer or Authorized Representative:(Required)

Employer's Business or Organization Name
Esparza Enterprises, Inc.

Employer's Business or Organization Address
3851 Fruitvale Ave, Bakersfield, CA 93308

W-4 - Employee's Withholding Certificate

Step 1: Enter Personal Information

Filing Status (check one of the following boxes):(Required)

Single or Married filing separately

Married filing jointly or Qualifying window(er)

Head of household (check only if you're unmarried and pay more than half the costs of keeping up a home for yourself and a qualifying individual)

Complete Steps 2--4 ONLY if they apply to you; otherwise, skip to Step 5. See page 2 for more information on each step, who can claim exemption from withholding, when to use the estimator at www.irs.gov/W4App, and privacy.

Step 2: Multiple Jobs or Spouse Works

Complete this step if you (1) hold more than one job at a time, or (2) are married filing jointly and your spouse also works. The correct amount of withholding depends on income earned from all of these jobs.

Do only one of the following (check one of the following boxes):

Use the estimator at www.irs.gov/W4App for most accurate withholding for this step (and Steps 3-4); or

Use the Multiple Jobs Worksheet on page 3 and enter the result in Step 4(c) below for roughly accurate withholding; or

If there are only two jobs total, you may check this box. Do the same on Form W-4 for the other job. This option is accurate for jobs with similar pay; otherwise, more tax than necessary may be withheld.

TIP: To be accurate, submit a 2022 Form W-4 for all other jobs. If you (or your spouse) have self-employment income, including as an independent contractor, use the estimator.

Complete Steps 3-4(b) on Form W-4 for only ONE of these jobs. Leave those steps blank for the other jobs. (Your withholding will be most accurate if you complete Steps 3-4(b} on the Form W-4 for the highest paying job.)

Step 3: Claim Dependents

If your total income will be $200,000 or less ($400,000 or less if married filing jointly):

Multiply the number of qualifying chidren under age 17 by $2,000

PLEASE DO NOT ENTER A DOLLAR AMOUNT. Insert a number of deductions, calculation for the amount will happen below automatically

Please enter a number less than or equal to 25.

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MultipleBy2k

Multiply the number of other dependents by $500

Insert a number, calculation will happen in PDF

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MultipleBy500

Step 3 Total Amount for W-4

Add the amounts above and enter the total here

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TotalW4

Step 4: Other Adjustments (optional)

4(a) Other income (not from jobs)

If you want tax withheld for other income you expect this year that won't have withholding, enter the amount of other income here. This may include interest, dividends, and retirment income.

4(b) Deductions

If you expect to claim deducation other than the standard deducation and want to reduce your withholding, use the Deductions Worksheet on page 3 and enter the result here.

4(c) Extra withholding.

Enter any additional tax you want withheld each pay period.

Signature of Employee:(Required)

Under penalties of perjury, I declare that this certificate, to the best of my knowledge and belief, is true, correct, and complete.

(This form is not valid unless you sign it)

INSTRUCTIONS — 1 — ALLOWANCES*

When determining your withholding allowances, you must consider your personal situation:
— Do you claim allowances for dependents or blindness?
— Will you itemize your deductions?
— Do you have more than one income coming into the household?

TWO-EARNERS/MULTIPLE INCOMES: When earnings are derived from more than one source, under-withholding may occur. If you have a working spouse or more than one job, it is best to check the box “SINGLE or MARRIED (with two or more incomes).” Figure the total number of allowances you are entitled to claim on all jobs using only one DE 4 form. Claim allowances with one employer.

Do not claim the same allowances with more than one employer. Your withholding will usually be most accurate when all allowances are claimed on the DE 4 filed for the highest paying job and zero allowances are claimed for the others.

Worksheet A - Regular Withholding Allowances

(A) Allowance for yourself — enter 1(Required)

Please enter a number from 0 to 1.

(B) Allowance for your spouse (if not separately claimed by your spouse) — enter 1

Please enter a number from 0 to 1.

(D) Allowance for blindness — your spouse (if not separately claimed by your spouse) — enter 1

Please enter a number from 0 to 1.

(E) Allowance(s) for dependent(s) — do not include yourself or your spouse(Required)

(F) Total — add lines (A) through (E) above and enter on line 1a of the DE 4

EMPLOYEE’S WITHHOLDING ALLOWANCE CERTIFICATE

Complete this form so that your employer can withhold the correct California state income tax from your paycheck.

Filing Status (check one of the following boxes):

SINGLE or MARRIED (with two or more incomes)

MARRIED (one income)

HEAD OF HOUSEHOLD

1. Use Worksheet A for Regular Withholding allowances. Use other worksheets on the following pages as applicable.

1a. Number of Regular Withholding Allowances (Worksheet A):

1b. Number of Allowances From the Estimated Deductions (Worksheet B, if applicable.):

1c. Total Number of Allowances You are Claiming:(Required)

Exemption from Withholding

3. I claim exemption from withholding for 2021, and I certify I meet both of the conditions for exemption.

- OR -

4. I certify under penalty of perjury that I am not subject to California withholding. I meet the conditions set forth under the Service Member Civil Relief Act, as amended by the Military Spouses Residency Relief Act and the Veterans Benefits and Transition Act of 2018.

Employee’s Signature(Required)

Under the penalties of perjury, I certify that the number of withholding allowances claimed on this certificate does not exceed the number to which I am entitled or, if claiming exemption from withholding, that I am entitled to claim the exempt status.

Employer's Section

California Employer Payroll Tax Account Number

PURPOSE: This certificate, DE 4, is for California Personal Income Tax (PIT) withholding purposes only. The DE 4 is used to compute the amount of taxes to be withheld from your wages, by your employer, to accurately reflect your state tax withholding obligation.

Beginning January 1, 2020, Employee’s Withholding Allowance Certificate (Form W-4) from the Internal Revenue Service (IRS) will be used for federal income tax withholding only. You must file the state form Employee’s Withholding Allowance Certificate (DE 4) to determine the appropriate California Personal Income Tax (PIT) withholding.

If you do not provide your employer with a withholding certificate, the employer must use Single with Zero withholding allowance.

CHECK YOUR WITHHOLDING: After your DE 4 takes effect, compare the state income tax withheld with your estimated total annual tax. For state withholding, use the worksheets on this form.

EXEMPTION FROM WITHHOLDING: If you wish to claim exempt, complete the federal Form W-4 and the state DE 4. You may claim exempt from withholding California income tax if you meet both of the following conditions for exemption:

You did not owe any federal/state income tax last year, and
You do not expect to owe any federal/state income tax this year. The exemption is good for one year.

If you continue to qualify for the exempt filing status, a new DE 4 designating EXEMPT must be submitted by February 15 each year to continue your exemption. If you are not having federal/state income tax withheld this year but expect to have a tax liability next year, you are required to give your employer a new DE 4 by December 1.

Member Service Civil Relief Act: Under this act, as provided by the Military Spouses Residency Relief Act and the Veterans Benefits and Transition Act of 2018, you may be exempt from California income tax withholding on your wages if

(i) your spouse is a member of the armed forces present in California in compliance with military orders;
(ii) you are present in California solely to be with your spouse;
and
(iii) you maintain your domicile in another state.

If you claim exemption under this act, check the box on Line 4. You may be required to provide proof of exemption upon request.

Mutual Arbitration Agreement

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Description automatically generated with medium confidence

Mutual Arbitration Agreement

Introduction

Esparza Enterprises, Inc. (“Company”) believes that most work-related concerns can be addressed with the employees’ manager or Human Resources. Thus, employees are encouraged, but not required, to speak with their manager or Human Resources to resolve any work-related problem before initiating the procedures set forth in this Mutual Dispute Resolution Agreement (“Agreement” or “Arbitration Agreement”). Where resolution cannot be achieved through the Company’s internal resources, the undersigned employee, his/her heirs, executors, administrators, successors, and assigns (“Employee”) and the Company agree to use the arbitration procedures in this Agreement instead of a trial in court before a judge or jury. Arbitration is the process by which a neutral third party makes a binding decision relating to a dispute. This Agreement is a condition of employment. If Employee accepts or continues employment with the Company, both Employee and the Company will be bound by this Agreement’s terms unless Employee timely opts out of this Agreement as provided below.

Covered Claims

Other than as provided in this Agreement, to the maximum extent permissible under federal law, Employee and the Company agree that any controversy, dispute, or claim relating to Employee’s employment or association with the Company or the Company’s clients, including your worksite employer(s), if any, that could otherwise be raised in court that the Company has against Employee or that Employee has against the Company, its current or former officers, directors, members, employees, vendors, clients, customers, worksite employers, agents, parents, subsidiaries, affiliated companies, successors, or assigns, shall be settled exclusively by binding arbitration rather than in court. This Agreement to arbitrate is intended for the benefit of and may be enforced by any of the aforementioned third-party beneficiaries. It is the parties’ intent that unless specifically excluded by the Agreement, all claims between them covered by this Agreement (“Covered Claims”) are to be resolved through binding arbitration not court, to the fullest extent permitted by federal law. However, if an arbitration award would be rendered ineffectual without provisional relief including, but not limited to, preliminary injunctions or temporary restraining orders, either party may request such relief from a court of competent jurisdiction to preserve the status quo pending arbitration.

Covered Claims include, but are not limited to, claims for wages and other compensation, breach of contract, misappropriation of trade secrets or unfair competition, violation of public policy, wrongful termination; tort claims; claims for unlawful retaliation, discrimination and/or harassment; and claims for violation of any federal, state, or other government law, statute, regulation, or ordinance, such as, for example, claims under the Age Discrimination in Employment Act, the Americans with Disabilities Act; Title VII of the Civil Rights Act of 1964; the Equal Pay Act; the Fair Credit Reporting Act; the Fair Labor Standards Act; the Family and Medical Leave Act; the Pregnancy Discrimination Act; the Rehabilitation Act; section 1981 through 1988 of Title 42 of the United States Code; and/or the Worker Adjustment and Retraining Notification Act.

Claims not covered by this Agreement are: claims for workers' compensation or unemployment benefits; violations of the National Labor Relations Act; petitions or charges that could be brought before the National Labor Relations Board; charges filed with the Equal Employment Opportunity Commission or a similar government agency; claims under employee pension, welfare benefit or stock option plans if those plans provide a dispute resolution procedure; and after application of FAA preemption principles, claims which are not subject to arbitration or pre-dispute arbitration agreements pursuant to federal law, but only to the extent federal law prohibits enforcement of the Agreement with respect to such claims. To the extent federal law prohibits enforcement of the representative action waiver (discussed in section III below) with respect to representative claims under California’s Private Attorneys General Act of 2004, California Labor Code §§ 2698, et seq. and representative claims for public injunctive relief under California Business and Professions Code § 17203, such claims also are not covered by this Agreement. This Agreement does not limit any federal, state, or local government or administrative agency’s jurisdiction and nothing herein shall be construed to constitute a waiver of Employee’s right to file a charge or complaint with any such agency, including but not limited to the National Labor Relations Board and the Equal Employment Opportunity Commission. However, unless otherwise provided by applicable law, Employee shall not be entitled to seek or receive any monetary compensation as a result of any proceeding arising from the filing of any such charge and/or participating in an investigation resulting from the filing of a charge with the EEOC and/or state or local human rights agency.

Nothing in this Agreement prevents Employee from reporting good faith allegations of unlawful employment practices to appropriate federal, state or local agencies; reporting any good faith allegation of criminal conduct to any appropriate federal, State, or local official; participating in a proceeding with any appropriate federal, State, or local government agency enforcing discrimination laws; making any truthful statements or disclosures required by law, regulation, or legal process; or requesting or receiving confidential legal advice. Nothing in this Agreement prohibits Employee from filing a complaint with the California Division of Labor Standards Enforcement (“DLSE”) seeking a non-binding administrative hearing before the DLSE pursuant to Labor Code section 98 et seq. (known as a “Berman” hearing). However, any de novo appeal by Employee or the Company after a Berman hearing from a decision by the DLSE will be subject to this Agreement.

Waiver of Multi-Plaintiff, Class, Collective and Representative Actions (“Waiver”)

Covered Claims must be brought on an individual basis only, and arbitration on an individual basis is the exclusive remedy. No arbitrator has authority to consolidate claims or proceed with arbitration on multi-plaintiff, class, collective, or representative basis. Should such a claim be initiated in arbitration, the arbitrator shall summarily reject it as beyond the scope of this Agreement. Any disputes concerning the applicability or validity of this Waiver shall be decided by a court of competent jurisdiction, not by the arbitrator. In the event a court determines that this Waiver is unenforceable with respect to any claim, this Waiver shall not apply to that claim, and that claim may only be initiated in court (subject to applicable claims and defenses) as the exclusive forum.

Authority to Determine Arbitrability

Except as provided in Section III, and except if a party requests provisional relief from a court of competent jurisdiction to preserve the status quo pending arbitration, the arbitrator shall have the exclusive authority to resolve any dispute relating to the arbitrability of any individual claim or the enforceability or formation of this Agreement (including all defenses to contract enforcement such as, for example, waiver of the right to compel arbitration). Enforcement of this Agreement may not be precluded or delayed on the grounds that (1) a party to this Agreement also is a party to a pending court action or special proceeding with a third party arising out of the same transaction or series of related transactions, or (2) a party to this Agreement asserts arbitrable and non-arbitrable claims.

Procedures

The demand for arbitration must be in writing, personally signed by the person initiating the claim, and made within the time period required under the applicable statute of limitations. To initiate arbitration, Employee must deliver the written and personally-signed demand to the Company at 3851 Fruitvale Ave., Bakersfield, CA 93308, Attn: Legal Department. For the Company to initiate arbitration, it must deliver the written demand, signed by the Company, for arbitration to Employee at the last known address recorded in Employee’s personnel records. The party initiating arbitration also must, within the time period required under the applicable statute of limitations, submit the personally-signed and written demand to the arbitration service that will administer the claim (as explained below). The Company shall pay all arbitration fees and costs that would not be incurred in a court proceeding.

The arbitration shall be before a single neutral arbitrator. Unless the parties otherwise agree, the American Arbitration Association (“AAA”) shall administer the arbitration and the hearing shall take place in the county in which the dispute arose. The Employment Arbitration Rules and Mediation Procedures (“AAA rules”), or the employment rules of the arbitration service used, shall govern the arbitration proceedings, but to the extent the rules conflict with this Agreement, the provisions of this Agreement shall apply. Employee may obtain a copy of the AAA rules before signing this Agreement at www.adr.org, by contacting the AAA directly (toll-free 800-778-7879), or by contacting the Company’s Human Resources department at 661-631-0347. Each party shall have the right to conduct discovery adequate to fully and fairly present the claims and defenses consistent with the streamlined nature of arbitration. Each party shall have the right to file dispositive motions pursuant to the Federal Rule of Civil Procedures in the jurisdiction in which the arbitration is conducted (including without limitation motions to dismiss or for summary judgment).

The arbitrator shall apply the substantive law relating to all claims and defenses to be arbitrated the same as if the matter had been heard in court, including with respect to the award of any remedy or relief on an individual basis and any award of costs and attorneys’ fees to the prevailing party. Otherwise, the parties shall each bear their own costs and attorneys’ fees. The arbitrator also may award monetary and non-monetary sanctions or other relief against a party or a party’s attorney(s) for violation of this Agreement, the AAA Employment Rules, an Arbitrator’s Order, the filing of frivolous claims, and/or violation of Federal Rule of Civil Procedure 11. The arbitrator’s award shall be in writing, with factual findings, reasons given, and evidence cited to support the award. The Parties agree that any arbitration award shall have no preclusive effect as to issues or claims in any other dispute or arbitration proceeding and that arbitrators are barred from giving prior arbitration awards precedential effect. Any authorized decision or award of the arbitrator shall be final and binding on the parties. Any court of competent jurisdiction may enter judgment upon the award, either by (i) confirming the award or (ii) vacating, modifying, or correcting the award on any ground permitted by applicable law.

Governing Law, Consideration, Severability, Final Agreement

The Federal Arbitration Act (9 U.S.C. Sections 1, et seq.) shall govern this Agreement. State arbitration statutes shall apply only to the extent they are not preempted by the FAA.

The Parties agree that the mutual promises to arbitrate claims covered by the Agreement serve as adequate consideration. To the extent permitted by applicable federal law, new or continued employment, and the Company’s agreement to pay all fees and costs unique to arbitration serve as additional consideration.

If any part of this Agreement is held to be invalid, void, or unenforceable, it shall be interpreted in a manner or modified to make it enforceable. If that is not possible, it shall be severed and the remaining provisions of this Agreement shall remain in full force and effect.

This Agreement sets forth the final agreement of the parties and supersedes all prior negotiations, representations or agreements, whether written or oral, pertaining to arbitration of claims covered by the Agreement. By issuance of this Agreement, the Company agrees to be bound without signing it.

Nothing in this Agreement constitutes an express or implied contract of employment for any defined period of time. Nor does it alter any applicable employment at will relationship between Employee and the Company.

Opt Out

Arbitration is not a mandatory condition of employment. Employee may opt out by mailing via U.S. Mail, Return Receipt Requested, written notice of the intent to opt out within 30 calendar days of signing this Agreement to: 3851 Fruitvale Ave., Bakersfield, CA 93308, Attn: Legal Department. If the Company does not receive the written notice of the intent to opt out within the 30 calendar-day period, the Parties shall be bound by this Agreement. Employee will not be subject to retaliation for exercising the right to assert claims or opt out of this Agreement. By signing below, Employee acknowledges that Employee understand the option to opt out of the Agreement pursuant to this paragraph and that a failure to timely submit the opt out notice and remaining in the employment of the Company after that date will be deemed an acceptance of the Agreement.

THIS CONTRACT IS A BINDING ARBITRATION AGREEMENT WHICH MAY BE ENFORCED BY THE PARTIES.

BY SIGNING BELOW, I ACKNOWLEDGE THAT I HAVE RECEIVED AND READ, OR HAVE HAD THE OPPORTUNITY TO READ, THIS ARBITRATION AGREEMENT. I AGREE TO THIS ARBITRATION AGREEMENT AND I UNDERSTAND THAT THIS ARBITRATION AGREEMENT REQUIRES THAT DISPUTES THAT INVOLVE THE MATTERS SUBJECT TO THE AGREEMENT BE SUBMITTED TO ARBITRATION PURSUANT TO THIS ARBITRATION AGREEMENT RATHER THAN TO A JUDGE AND JURY IN COURT.

Arbitration Signature(Required)

SECTION 1. EMPLOYEE INFORMATION

Gender:(Required)

Male

Female

Marital Status:(Required)

Single

Separated

Divorced

Married

Domestic Partner

SECTION 2. QUALIFYING EVENT

This Election is For:

New Enrollment

SECTION 3. COVERAGE ELECTION: Medical

Accept or Decline(Required)

I WANT medical coverage

I DO NOT want medical coverage

Plan Choice (check one of the following boxes):(Required)

Plan 1 - Plus Plan

Plan 2 – Buy Up MV Plan

Plan 1 Options (check one of the following boxes):(Required)

Employee Only

EE + Child(ren) - ($13.54/week)

Plan 2 Options (check one of the following boxes):(Required)

Employee Only (9.12% of income)

EE + Child(ren) (9.12% + 100% cost of dependent)

Relationship: Self

Status

Name

SSN

DOB

Hidden

Gender

Relationship: Child(ren)

Child 1 Status

Child 1 Name (Last, First, MI)

Child 1 SSN

Child 1 DOB

Child 1 Gender

Child 2 Status

Child 2 Name (Last, First, MI)

Child 2 SSN

Child 2 DOB

Child 2 Gender

Child 3 Status

Child 3 Name (Last, First, MI)

Child 3 SSN

Child 3 DOB

Child 3 Gender

Child 4 Status

Child 4 Name (Last, First, MI)

Child 4 SSN

Child 4 DOB

Child 4 Gender

SECTION 4. DECLINATION OF COVERAGE

(Complete this section ONLY if declining coverage for yourself OR eligible dependents)

Decline:(Required)

(Check all that apply and give reason)

Self

Child(ren)

Reason:(Required)

(Check all that apply and give reason)

Have Other Group Coverage

Have Other Individual Coverage

Other

Hidden

Children:

Other Reason:

Signature of Employee(Med-Decline):(Required)

I understand that if I refuse coverage now or if I later wish to enroll myself or my dependents, I will only be able to add coverage if I enroll coverage within 30 days of a Qualifying Event (see summary of plan for details).

SECTION 5. SIGNATURE OF EMPLOYEE

PLEASE READ PRIOR TO SIGNING – I accept the insurance provided by the Plan Sponsor and authorize the deductions in my earnings of the contribution required, if any, toward the cost of the premiums. I understand that if the prior information is not complete or is incorrect, this coverage may be terminated retroactively. I elect to participate in the section 125 Premium Only Plan established, maintained and administered by my employer. I authorize each salary payroll to be reduced on a pre-tax basis in accordance with the indicated elected benefits.

Signature of Employee (Med-Accept):(Required)

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MEAL PERIOD WAIVER

Meal Periods

Non-exempt employees may not work more than a period of five hours without an uninterrupted, duty-free meal period of no less than thirty minutes, or a period of more than 10 hours without a second uninterrupted, duty-free meal period of no less than thirty minutes, unless the meal is waived as noted below.

Work period of more than 10 hours, but less than 12 hours: if the total work period of an employee is more than 10 hours, a second unpaid meal break of at least 30 minutes will be provided. If an employee works no more than 12 hours, non-exempt employees may waive the second meal period only if first meal break was not waived.

Work period of more than 12 hours: employees who work more than 12 hours cannot waive the second meal period, even if the first meal was taken.

I have been notified that I may request a meal period waiver for a single date or for the following meal period(s): Second Meal Period during all shifts of more than 10 hours, but less than 12 hours.

I acknowledge and understand that:

If I work more than six hours in any workday, I may NOT waive my first meal period.
If I work more than 10 hours, but less than 12 hours in any workday, I voluntarily consent and agree to waive my second meal period, as long as I have taken my first meal period.
I may not waive my second meal period if I work more than 12 hours in any workday, even if I have already taken the first meal period.
This waiver will be in effect until revoked by me, in writing.
The company does not encourage, discourage, or solicit the waiver of a meal period.
I may revoke this waiver at any time by providing written notice to my employer at hr@esparzainc.com or via mail to 3851 Fruitvale Avenue, Bakersfield, CA 93308.

Signature of Employee:(Required)

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Unqualified Personnel Electrical Training

Grimmway Enterprises employees that do not perform electrical work, but may be in the vicinity of, or around energized electrical distribution equipment, conductors or circuit parts are required to receive electrical safety hazard awareness training and training on other applicable hazards as deemed appropriate for “unqualified” workers to understand and avoid hazards.

There are varying degrees of electrical energy used at all Grimmway facilities up to and including lethal voltages. These systems are all safely enclosed or guarded by location. Unqualified or unauthorized employees are forbidden to enter these areas.

All employees shall be trained on the following items:

No electrical panel shall be opened by any unqualified person.
No labeling or signage on electrical panels shall be removed, modified, or defaced in any manner.
No circuit breaker or any other electrical safety apparatus shall be reset or tampered with by any unqualified person.
No electrical cords, plugs, or switches shall be modified or tampered with by any unqualified person.
Employees whose job functions include attachment and detachment of portable electrical equipment shall receive job specific training on the proper method of attachment and detachment of equipment and the hazards involved in these duties.

Signature of Employee(Required)

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Facility

Department

Crew #

Instructor / Representative

ORGANIC VEGETABLE HARVESTING/GRIMMWAY GROUP PIECE PROGRAM FOR ESPARZA ENTERPRISE, INC EMPLOYEES– 2019

Purpose: This group piece rate program is intended to reward Esparza Enterprises, Inc. Employees in the Grimmway Organic Vegetable Harvesting Division who deliver high productivity and quality. Employees will share compensation based on the productivity of their crew. Each employee eligible for piece pay will be paid based on the daily piece production of the entire crew. Separate from the group piece rate, eligible employees will be paid an hourly rate for any work time where they cannot earn piece rate, known as non-productive time (“NPT”). Eligible employees will also be paid the average hourly rate or minimum wage, whichever is greater, for rest and recovery periods in accordance with California Law.
Eligibility: All Esparza Enterprises, Inc. Employees with the job code FARM LABORER (or BUNCHING when designated) who work on a crew designated by management for the Group Piece Program (Program), and who meet minimum productivity standards, will be eligible for the Program. Certain positions on the crew may not be eligible for the Program and will be paid by the hour. For example, the following positions are not eligible for the Program: Foreman, Harvest Support positions, and Truck Drivers. Other positions may be added to the excluded job list. Please see your Foreman if you have any questions about your position’s eligibility.
Pay Details: For members of an eligible crew in the Program; each eligible employee will receive piece compensation for an average number of pieces packed by the crew for that job. The average piece count per job is determined by the number of pieces packed by the crew divided by the number of hours worked by eligible piece employees.

Crew Example-Piece Count Calculation:

168 pieces packed
10 employees worked 4 hours
1 employee worked 2 hours

168 pieces/42 hours = 4 pieces per hour
10 employees who worked 4 hours get credit for 16 pieces
1 employee who worked 2 hours gets credit for 8 pieces

Each crew’s piece productivity per job will be calculated from the total pieces packed per job by the total number of employee hours worked for the job. Each employee will be credited a certain number of pieces based on their number of employee hours worked. An individual’s daily pay will be determined by evaluating the pay for all piece jobs in a given day. The employee will be paid the greater of the piece compensation or hourly compensation (if the piece rate was not achieved that day.)
Crews whose overall daily piece work productivity is equal to, or below, the minimum productivity standards will be paid at minimum wage (or the employee’s base wage, whichever is higher) for the piece hours worked that day. Overtime will be paid in accordance with California Law. Other non-productive time will be paid as hourly work, see explanation below.
Non-Productive Time (NPT): As noted above, separate from the group piece rate, eligible employees will be paid an hourly rate for any work time where they cannot earn piece rate. This time is known as NPT. NPT will be paid at the employee’s base hourly rate and will not be included in the calculation of piece pay. The following is a list of some tasks, but not all tasks, that would be paid at an hourly rate for NPT:

Traveling between work locations.
Attending meetings (e.g. safety meetings)
Attending job trainings.
Doing warm-up calisthenics.
Donning and doffing personal protective equipment or protective clothing.
Waiting for arrival of bins, boxes, or other containers in which crops are placed.
Waiting for the repair or replacement of equipment necessary to harvest pieces.
Waiting for weather or other environmental conditions to change so that piece-production work can start or resume.
Other work time when scheduled to work but not able to earn piece rate.

Meal and Rest Periods: Organic harvest crews must take their meal and rest periods in accordance with Company Policy and California Law. To ensure employees to take their meal and rest periods, productivity standards are based on the time a crew is physically working so employees can take their meal and rest periods without taking away from their opportunity to earn piece pay.
As stated above, eligible employees will also be paid the average hourly rate, or minimum wage, whichever is greater, for rest and recovery periods. The average hourly rate for rest and recovery periods is calculated by dividing the total compensation for the workweek, exclusive of compensation for rest and recovery periods and any premium compensation for overtime, by the total hours worked during the workweek, exclusive of rest and recovery periods.
Promoting Safety and Rewarding Teamwork: Employees must still follow all Company safety, quality, and food safety procedures and requirements. If an employee commits an un-safe act while working (whether the act results in an accident or incident), the crew foreman or management will evaluate further program eligibility and ongoing employment status.
Posted Performance: Daily crew performance by commodity will be posted at the worksite and available in writing upon request.
End of Employment: When an eligible employee leaves the Company mid-week, the employees pay will be determined based on any piece incentives earned to date. Employee will be paid all wages owed.
When earned, piece rate payments will be included in the calculation of the following: (1) the regular rate for overtime, if worked; (2) paid rest periods as defined above; (3) sick leave, if taken; and (4) meal/rest period premiums earned in the work week the piece rate is earned in accordance with California Law. Program Changes: The Company reserves the right to make changes to the Program. Any changes will be announced prior to the effective date and will be available in writing from your Foreman.
Questions: If you have any questions about the Group Piece Program, please speak to your crew Foreman or Supervisor or a Human Resources Representative.

Signature of Employee(Required)

By signing below, as an employee of Esparza Enterprises, Inc., I have read and I understand all the above, and I agree to all the above.

Phone

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3851 Fruitvale Avenue Bakersfield, CA 93308

Now HIRING! Please call (661) 631-0347 | Tel: 661-831-0002 | Fax: 661-831-0040