U.S. Compliance

This article applies exclusively to US-based W2 employees employed through FlowFuse's PEO provider, Deel. The policies and protections outlined here are specific to US employment law and are not applicable to team members outside of the United States.

Note: The sections below are summary overviews. For the complete section and policies and full legal disclosures, please refer to the US Compliance Policies Handbook.

Compliance & Training (Mineral)

FlowFuse uses the Mineral Portal (accessed via Deel) to manage state-specific mandatory training. Every new PEO employee must complete a compliance track tailored to their state. See here for full breakdown

1-2 Equal Employment Opportunity

FlowFuse is an Equal Opportunity Employer that does not discriminate on the basis of actual or perceived race, color, creed, religion, national origin, ancestry, citizenship status, age, sex or gender (including pregnancy, childbirth, pregnancy-related conditions, and lactation), gender identity or expression (including transgender status), sexual orientation, marital status, military service and veteran status, physical or mental disability, genetic information, or any other characteristic protected by applicable federal, state, or local laws and ordinances. FlowFuse's management team is dedicated to this policy with respect to recruitment, hiring, placement, promotion, transfer, training, compensation, benefits, employee activities, access to facilities and programs, and general treatment during employment.

Any employees with questions or concerns about equal employment opportunities in the workplace are encouraged to bring these issues to the attention of the President and/or the CEO. FlowFuse will not allow any form of retaliation against employees who raise issues of equal employment opportunity. If employees feel they have been subjected to any such retaliation, they should contact the President and/or the CEO. To ensure the workplace is free of artificial barriers, violation of this policy including any improper retaliatory conduct will lead to discipline, up to and including discharge. All employees must cooperate with all investigations conducted pursuant to this policy.

1-3 Reasonable Accommodations & Interactive Dialogue

FlowFuse is committed to complying with applicable federal, state, and local laws governing reasonable accommodations of individuals, including, but not limited to, the Americans with Disabilities Act (ADA) and the Pregnant Workers Fairness Act (PWFA). To that end, FlowFuse will endeavor to make a reasonable accommodation to applicants and employees who have requested an accommodation or for whom FlowFuse has notice may require such an accommodation, related to an individual's:

  • Disability, meaning any physical, medical, mental, or psychological impairment, or a history or record of such impairment;
  • Sincerely held religious beliefs and practices;
  • Needs as a victim of domestic violence, sex offenses, or stalking;
  • Needs related to pregnancy, childbirth, or related medical conditions; and/or
  • Any other reason required by applicable law, unless the accommodation would impose an undue hardship on the operation of our business. Reasonable accommodations can take many forms. For example, reasonable accommodations for pregnancy, childbirth, or related medical conditions include but are not limited to things such as the ability to carry or keep water near and drink, as needed; allowing the employee additional restroom breaks; allowing the employee whose work requires standing to sit and whose work requires sitting to stand; allowing the employee breaks, as needed, to eat and drink; accommodations related to lactation; time off to recover from childbirth; modification of equipment; appropriate seating; temporary transfer to a different position that the employee is able to perform; restructuring job duties; light duty; or a modified work schedule. FlowFuse will work with the employee to determine what accommodation is appropriate for the employee, given the employee's unique circumstances, that does not impose an undue hardship on FlowFuse.

Any employee who would like to request an accommodation based on any of the reasons set forth above should contact the President and/or the CEO. Accommodation requests can be made in writing using a form which can be obtained from the President and/or the CEO. If the employee who has requested an accommodation has not received an initial response within five (5) business days, they should contact Chief of Staff.

Unless otherwise required by law, FlowFuse may request that the employee provide supporting documentation. Cooperating with FlowFuse by returning requested information in a timely fashion is required.

After receiving a request for an accommodation or learning indirectly that the employee may require such an accommodation, FlowFuse will engage in an interactive dialogue with the employee.

Even if the employee has not formally requested an accommodation, FlowFuse may initiate an interactive dialogue under certain circumstances, such as when FlowFuse has knowledge that employee's performance at work has been negatively affected and a reasonable basis to believe that the issue is related to any of the protected classifications set forth above, in compliance with applicable law. In the event FlowFuse initiates an interactive dialogue, it should not be construed as FlowFuse's belief the employee requires an accommodation, but will serve as an invitation for the employee to share with FlowFuse any information the employee desires to share, or to request an accommodation.

The interactive dialogue may take place in person, by telephone, or by electronic means. As part of the interactive dialogue, FlowFuse will communicate openly and in good faith with the employee in a timely manner in order to determine whether and how FlowFuse may be able to provide a reasonable accommodation. To the extent necessary and appropriate based on the request, FlowFuse will attempt to explore the existence and feasibility of alternative accommodations as well as alternative positions for the employee. FlowFuse is not required to provide the specific accommodation sought by the employee, provided the alternatives are reasonable and either meet the specific needs of the employee or specifically address the employee's limitations.

FlowFuse will endeavor to keep confidential all communications regarding requests for reasonable accommodations and all circumstances surrounding the employee's underlying reason for needing an accommodation.

FlowFuse will not allow any form of retaliation against employees who have requested an accommodation, for whom FlowFuse has notice may require such an accommodation, or who otherwise engage in the interactive dialogue process.

Employees with questions regarding this policy should contact the President and/or the CEO.

1-4 Non-Harassment

It is FlowFuse's policy to prohibit intentional and unintentional harassment of or against job applicants, contractors, interns, volunteers, or employees by another employee, supervisor, vendor, customer, or any third party on the basis of actual or perceived race, color, creed, religion, national origin, ancestry, citizenship status, age, sex or gender (including pregnancy, childbirth, and pregnancy-related conditions), gender identity or expression (including transgender status), sexual orientation, marital status, military service and veteran status, physical or mental disability, genetic information ,or any other characteristic protected by applicable federal, state, or local laws (referred to as "protected characteristics"). Such conduct will not be tolerated by FlowFuse.

The purpose of this policy is not to regulate any employee's personal morality, but to ensure that no one harasses another individual in the workplace, including while on Company premises, while on Company business (whether or not on Company premises) or while representing the Company. In addition to being a violation of this policy, harassment or retaliation based on any protected characteristic as defined by applicable federal, state, or local laws also is unlawful. For example, sexual harassment and retaliation against an individual because the individual filed a complaint of sexual harassment or because an individual aided, assisted, or testified in an investigation or proceeding involving a complaint of sexual harassment as defined by applicable federal, state, or local laws are unlawful.

Harassment Defined

Harassment generally is defined in this policy as unwelcome verbal, visual, or physical conduct that denigrates or shows hostility or aversion towards an individual because of any actual or perceived protected characteristic or has the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment.

Harassment can be verbal (including slurs, jokes, insults, epithets, gestures, or teasing), visual (including offensive posters, symbols, cartoons, drawings, computer displays, text messages, social media posts, or e-mails), or physical conduct (including physically threatening another, blocking someone's way, etc.). Such conduct violates this policy, even if it does not rise to the level of a violation of applicable federal, state, or local laws. Because it is difficult to define unlawful harassment, employees are expected to behave at all times in a manner consistent with the intended purpose of this policy.

Sexual Harassment Defined

Sexual harassment can include all the above actions, as well as other unwelcome conduct, such as unwelcome or unsolicited sexual advances, requests for sexual favors, conversations regarding sexual activities and other verbal, visual, or physical conduct of a sexual nature when:

  • Submission to that conduct or those advances or requests is made either explicitly or implicitly a term or condition of an individual's employment; or
  • Submission to or rejection of the conduct or advances or requests by an individual is used as the basis for employment decisions affecting the individual; or
  • The conduct or advances or requests have the purpose or effect of unreasonably interfering with an individual's work performance or creating an intimidating, hostile, or offensive working environment. Examples of conduct that violate this policy include:
  1. Unwelcome flirtations, leering, whistling, touching, pinching, assault, or blocking normal movement;
  2. Requests for sexual favors or demands for sexual favors in exchange for favorable treatment;
  3. Obscene or vulgar gestures, posters, or comments;
  4. Sexual jokes or comments about a person's body, sexual prowess, or sexual deficiencies;
  5. Propositions or suggestive or insulting comments of a sexual nature;
  6. Derogatory cartoons, posters, and drawings;
  7. Sexually explicit e-mails, text messages, or voicemails;
  8. Uninvited touching of a sexual nature;
  9. Unwelcome sexually related comments;
  10. Conversation about a person's own or someone else's sex life;
  11. Conduct or comments consistently targeted at a single gender, even if the content is not sexual; and
  12. Teasing or other conduct directed toward a person because of the person's gender.

Reporting Procedures

If the employee has been subjected to or witnessed conduct which violates this policy, the employee should immediately report the matter to Noubar Tedjirian, Chief of Staff. If the employee is unable for any reason to contact this person or if the employee has not received an initial response within five (5) business days after reporting any incident of what the employee perceives to be harassment, the employee should contact the President. If the person toward whom the complaint is directed is one of the individuals indicated above, the employee should contact any higher-level manager in the reporting hierarchy.

Investigation Procedures

Every report of perceived harassment will be fully investigated, and corrective action will be taken where appropriate. All complaints will be kept confidential to the extent possible, but confidentiality cannot be guaranteed. All employees must cooperate with all investigations conducted pursuant to this policy.

Retaliation Prohibited

In addition, the Company will not allow any form of retaliation against individuals who report unwelcome conduct to management or who cooperate in the investigations of such reports in accordance with this policy. If the employee has been subjected to any such retaliation, the employee should report it in the same manner in which the employee would report a claim of perceived harassment under this policy.

Violation of this policy including any improper retaliatory conduct will result in disciplinary action, up to and including termination.

2-1 Employee Classifications

For purposes of this handbook, all US FlowFuse employees fall within one of the following classifications:

  • Full-Time Employees — regularly work at least 40 hours per week and were not hired on a short-term basis.
  • Part-Time Employees — regularly work fewer than 30 hours per week and were not hired on a short-term basis.
  • Short-Term Employees — hired for a specific short-term project, or on a short-term freelance, per diem, or temporary basis. Short-term employees generally are not eligible for Company benefits but are eligible to receive statutory benefits.

Employees are also categorized as either exempt or non-exempt for purposes of federal and state wage and hour laws. Exempt employees do not receive overtime pay and generally receive the same salary regardless of hours worked. The employee will be informed of these classifications upon hire and of any subsequent changes.

2-8 Overtime

When FlowFuse experiences periods of extremely high activity, additional work may be required. Employees may work overtime only with prior management authorization. Any non-exempt employee who works overtime without authorization may be subject to disciplinary action, up to and including termination.

Any non-exempt employee who works overtime will be compensated at one and one-half times (1.5) their regular hourly wage for all time worked in excess of 40 hours each workweek, unless otherwise required by applicable law. Overtime pay is calculated based on actual hours worked; paid time off, holidays, and leaves of absence are not considered hours worked for overtime calculations. The workweek begins at 12 a.m. on Sunday and ends 168 hours later at 12 a.m. the following Sunday.

2-10 Safe Harbor Policy for Exempt Employees

It is FlowFuse's policy and practice to accurately compensate employees and to do so in compliance with all applicable state and federal laws. To ensure proper payment and that no improper deductions are made, employees must review pay stubs promptly to identify and report all errors.

Those classified as exempt salaried employees will receive a salary which is intended to compensate them for all hours they may work for FlowFuse. This salary will be established at the time of hire or classification as an exempt employee. While it may be subject to review and modification from time to time, such as during salary review times, the salary will be a predetermined amount that will not be subject to deductions for variations in the quantity or quality of the work performed.

Under federal and state law, salary is subject to certain deductions. For example, unless state law requires otherwise, salary can be reduced for the following reasons:

  • full-day absences for personal reasons;
  • full-day absences for sickness or disability if the deduction is made in accordance with a bona fide plan, policy or practice of providing wage replacement benefits for such absences (deductions also may be made for the exempt employee's full-day absences due to sickness or disability before the employee has qualified for the plan, policy or practice or after the employee has exhausted the leave allowance under the plan);
  • full-day disciplinary suspensions for infractions of our written policies and procedures;
  • Family and Medical Leave Act absences (either full- or partial-day absences);
  • to offset amounts received as payment from the court for jury and witness fees or from the military as military pay;
  • the first or last week of employment in the event the employee works less than a full week; and
  • any full work week in which the employee does not perform any work. Salary may also be reduced for certain types of deductions such as a portion of health, dental or life insurance premiums; state, federal or local taxes; social security; or voluntary contributions to a 401(k) or pension plan.

In any work week in which the employee performed any work, salary will not be reduced for any of the following reasons:

  • partial day absences for personal reasons, sickness or disability;
  • an absence because the Company has decided to close a facility on a scheduled work day;
  • absences for jury duty, attendance as a witness, or military leave in any week in which the employee performed any work (subject to any offsets as set forth above); and
  • any other deductions prohibited by state or federal law. However, unless state law provides otherwise, deductions may be made to accrued leave for full- or partial-day absences for personal reasons, sickness or disability.

If employees believe they have been subject to any improper deductions, they should immediately report the matter to a supervisor. If the supervisor is unavailable or if the employee believes it would be inappropriate to contact that person (or if the employee has not received a prompt and fully acceptable reply), they should immediately contact the Chief of Staff or any other supervisor in FlowFuse with whom the employee feels comfortable.

2-11 Your Paycheck

Employees will be paid semi-monthly for all time worked during the past pay period. Payroll stubs itemize deductions from gross earnings. By law, FlowFuse is required to make deductions for Social Security, federal income tax, and any other appropriate taxes, and these may also include court-ordered garnishments. Payroll stubs differentiate between regular pay and overtime pay.

If there is an error in an employee's pay, the employee should bring it to the attention of their supervisor immediately so the Company can resolve the matter quickly. Paychecks will be given only to the employee unless the employee requests they be mailed or authorizes in writing that another person may accept the check.

2-12 Direct Deposit

FlowFuse strongly encourages employees to use direct deposit. Authorization forms are available from the Deel portal.

2-13 Salary Advances

FlowFuse does not permit advances on paychecks, vacations, or against accrued paid time off.

3-2 Paid Holidays

Full-time employees are eligible to be paid for the following holidays:

  • New Year's Day
  • Martin Luther King, Jr. Day
  • President's Day
  • Good Friday
  • Memorial Day
  • Juneteenth National Independence Day
  • Independence Day
  • Labor Day
  • Indigenous People's Day
  • Veterans' Day
  • Columbus Day
  • Thanksgiving Day
  • Day after Thanksgiving
  • Christmas Eve
  • Christmas Day
  • New Year's Eve

When a holiday falls or is celebrated on what otherwise would be a regular workday for the eligible employee, eligible employees will receive one (1) day's pay at their regular straight-time rate.

3-8 Jury Duty

FlowFuse realizes that it is the obligation of all U.S. citizens to serve on a jury when summoned to do so. All employees will be allowed time off to perform such civic service as required by law. Employees are expected, however, to provide proper notice of a request to perform jury duty and verification of their service.

Employees also are expected to keep management informed of the expected length of jury duty service and to report to work for the major portion of the day if excused by the court. If the required absence presents a serious conflict for management, employees may be asked to try to postpone jury duty.

Employees on jury duty leave will be paid for their jury duty service in accordance with state law; however, exempt employees will be paid their full salary for any week in which time is missed due to jury duty if work is performed for the Company during such week.

3-10 Voting Leave

In the event employees do not have sufficient time outside of working hours to vote in a statewide election, if required by state law, the employee may take off enough working time to vote. Such time will be paid if required by state law. This time should be taken at the beginning or end of the regular work schedule. Where possible, supervisors should be notified at least two (2) days prior to the voting day.