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2011 office employee handbook.pdf - US Xpress

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Welcome to U.S. <strong>Xpress</strong>!<br />

We started our Company with a vision of becoming a leader in the transportation industry. We are<br />

proud of our accomplishments in overall performance, technology and safety for our <strong>employee</strong>s in<br />

the <strong>office</strong> and on the road. Your dedication to customer service and driver support will play a vital<br />

role in the success of the strategic services we offer to our customers.<br />

Your time is one of our Company’s most vital resources. Your s uccess is directly tied to the<br />

Company’s success. We ask that our <strong>office</strong> <strong>employee</strong>s work as effectively and productively<br />

as possible to maximize each driver’s productive time on the road. Through your efforts, U.S.<br />

<strong>Xpress</strong> will continue to remain on the cutting edge of transportation and play a major role in the<br />

American supply chain.<br />

It is our pleasure to welcome you to the U.S. <strong>Xpress</strong> family. We are proud to have you as a<br />

member of our team!<br />

Sincerely,<br />

Max Fuller<br />

Co-Chairman & CEO<br />

Pat Quinn<br />

Co-Chairman & President<br />

Employee Handbook<br />

1


TABLE OF CONTENTS BY SECTION<br />

General Policies, Pay and Benefit Information<br />

Section 1 – General Policies<br />

At-Will Employment Status......................................................................5<br />

Equal Employment Opportunity...............................................................5<br />

Americans with Disabilities Act ....................................................................5<br />

Communication Policy.............................................................................5<br />

Public Relations Policy............................................................................6<br />

Whistleblower Hotline..............................................................................6<br />

Anti-Harassment and Discrimination Policy............................................6<br />

Reporting and Incident of Harassment, Discrimination or Retaliation.....7<br />

Protection Against Retaliation....................................................................7<br />

Horseplay Policy......................................................................................7<br />

Non-Aggression Policy............................................................................8<br />

Fraternization and Personal Relationships..............................................8<br />

Employee Conduct..................................................................................8<br />

Solicitation.............................................................................................10<br />

Confidential Information........................................................................10<br />

Searches of Company Property/Equipment..........................................10<br />

Weapons Policy.....................................................................................10<br />

Social Networking Policy.......................................................................11<br />

Gifts and Gratuities................................................................................11<br />

Tobacco Usage/Smoking Policy............................................................11<br />

Open Door Policy..................................................................................12<br />

Dress Code Policy.................................................................................12<br />

E-Mail Policy..........................................................................................13<br />

Internet Usage Policy............................................................................14<br />

Telephone Monitoring............................................................................15<br />

Handheld Electronic Devices................................................................15<br />

Privacy Policy........................................................................................15<br />

Job Posting and Promotion Policy.........................................................15<br />

Section 2 – Safety & Compliance<br />

Medical Situations – What to Do.......................................................... 16<br />

What to Do if You Are Injured at Work.................................................. 16<br />

Drug-Free Workplace........................................................................... 16<br />

2 U.S. <strong>Xpress</strong>, Inc.


Section 3 – Company and Personal Property<br />

Property Access....................................................................................18<br />

Physical Access Controls......................................................................18<br />

Inspection of Persons or Property.........................................................19<br />

Personal Vehicle Parking......................................................................19<br />

Personal Property..................................................................................19<br />

Section 4 – Personal Employee Information<br />

Employment Records............................................................................20<br />

Employee File Updates.........................................................................20<br />

Employment Verifications......................................................................20<br />

Employment References.......................................................................20<br />

Section 5 – Employment Status, Attendance, Working Conditions and<br />

Leave Policies<br />

Employment Date or Date of Hire.........................................................22<br />

Employment Status...............................................................................22<br />

Exempt and Non-Exempt Classification................................................22<br />

Business Travel.....................................................................................23<br />

Violations of Time Keeping Policies.......................................................23<br />

Overtime................................................................................................23<br />

Work Assignments.................................................................................24<br />

On-Call Policy........................................................................................24<br />

Absence/Tardiness Policy and Procedures...........................................24<br />

Lunch Periods and Breaks....................................................................24<br />

Payday..................................................................................................24<br />

Payroll Deductions................................................................................24<br />

Improper Deductions.............................................................................25<br />

Garnishments........................................................................................25<br />

Resignation...........................................................................................25<br />

Involuntary Termination Policy...............................................................25<br />

Exit Interview.........................................................................................26<br />

Rehire of Employees.............................................................................26<br />

Vacation.................................................................................................26<br />

Holidays.................................................................................................27<br />

Sick Days..............................................................................................29<br />

Personal Days.......................................................................................29<br />

Bereavement Leave..............................................................................30<br />

Jury Duty...............................................................................................30<br />

Time Off to Vote.....................................................................................30<br />

Personal Leave of Absence...................................................................30<br />

Employee Handbook<br />

3


Resignation While on Leave.................................................................. 31<br />

Military Leave........................................................................................ 31<br />

Maternity Leave..................................................................................... 31<br />

Family and Medical Leave..................................................................... 32<br />

Section 6 – Benefits<br />

Insurance and Other Benefits................................................................ 34<br />

HIPPA Privacy Regulations.................................................................... 34<br />

COBRA.................................................................................................. 36<br />

Effective Date of Coverage.................................................................... 38<br />

Coverage Termination Date................................................................... 38<br />

Internal Revenue Service Regulations.................................................. 38<br />

Evaluating Your Benefit Needs................................................................ 39<br />

Pre-Existing Conditions......................................................................... 39<br />

Certificates of Creditable Coverage...................................................... 39<br />

Co-Pays................................................................................................. 39<br />

Deductibles............................................................................................ 39<br />

Mastectomy Coverage.......................................................................... 40<br />

Maternity and Newborn Coverage......................................................... 40<br />

Xpre$$avings 401(k) Plan..................................................................... 40<br />

Employee Assistance Program (EAP)................................................... 40<br />

Travel Assistance Program.................................................................... 41<br />

CollegeAmerica Savings Plan............................................................... 41<br />

Tuition Assistance Program................................................................... 41<br />

Human Resources Web Site................................................................. 42<br />

4 U.S. <strong>Xpress</strong>, Inc.


GENERAL POLICIES<br />

At-Will Employment Status<br />

This Handbook is not intended to create a contract of employment. Rather, it is simply intended to<br />

describe U.S. <strong>Xpress</strong> and its present policies and procedures. U.S. <strong>Xpress</strong> abides by employment<br />

at will, which permits U.S. <strong>Xpress</strong> or the <strong>employee</strong> to terminate the employment relationship at<br />

any time, for any reason. Nothing in this <strong>handbook</strong>, or in any document or statement, shall limit the<br />

Company’s right to terminate employment at-will. No manager, supervisor, or <strong>employee</strong>, other than<br />

an Executive Officer of the Company (and only in writing), has authority to enter into any agreement<br />

for employment for any specific period of time or to make any agreement for employment other than<br />

at-will.<br />

Equal Employment Opportunity<br />

The Company is committed to a work environment in which all individuals are treated with respect<br />

and dignity. Each individual has the right to work in a professional atmosphere that promotes equal<br />

employment opportunities and prohibits discriminatory practices, including harassment. Therefore,<br />

U.S. <strong>Xpress</strong> expects that all relationships among persons in the workplace will be business-like and<br />

free of bias, prejudice and harassment.<br />

The Company provides a work environment free from unlawful discrimination or workplace harassment<br />

based on or because of an <strong>employee</strong>’s protected class status. According to federal law the following<br />

are protected classes: race, color, sexual orientation, national origin, sex (includes pregnancy<br />

related conditions), religion, age (40 and older), disability, genetic information, a person who uses<br />

leave covered by the Federal Family and Medical Leave Act, a person who uses Military Leave, a<br />

person who associates with a protected class, a person who opposes unlawful employment practices,<br />

files a complaint or testifies about violations or possible violations, and any other protected class<br />

as defined by federal, state or local law.<br />

The Company also provides a work environment free from sexual harassment. Employees at every<br />

level of the organization, including temporary <strong>employee</strong>s, must conduct themselves in a business-like<br />

and professional manner at all times and must not engage in any form of discrimination, workplace<br />

harassment, or sexual harassment.<br />

Americans With Disabilities Act<br />

The Company complies with the Americans with Disabilities Act (ADA) and applicable state and local<br />

laws providing for non-discrimination in employment for qualified individuals with disabilities. The<br />

Company provides reasonable accommodation for such individuals in accordance with these laws. If<br />

you have a disability and need an accommodation in order to permit you to do your job, you should<br />

contact the Human Resources Department at 800-251-6291 x3534.<br />

Communication Policy<br />

U.S. <strong>Xpress</strong> promotes a team atmosphere. All <strong>employee</strong>s deserve your attention and respect.<br />

Courtesy and respect are the keys to good relationships. You are expected to maintain a courteous<br />

and professional tone, even in difficult situations. All mail, voice mail, E-mail, satellite messages and<br />

notes should be professional in accordance with U.S. <strong>Xpress</strong>’ policies. Foul language and cursing<br />

is not appropriate in the workplace and will not be tolerated. This includes E-mail and satellite messages.<br />

Spreading rumors about co-workers, supervisors, management, customers or U.S. <strong>Xpress</strong> is<br />

prohibited.<br />

Employee Handbook<br />

5


Public Relations Policy<br />

All U.S. <strong>Xpress</strong> <strong>employee</strong>s are responsible for ensuring that all communications about U.S. <strong>Xpress</strong>,<br />

its <strong>employee</strong>s and the industry are accurate, consistent and responsive to U.S. <strong>Xpress</strong> and the public’s<br />

interests. The Public Relations Department at U.S. <strong>Xpress</strong> coordinates all information distributed<br />

to the media or public.<br />

No <strong>employee</strong> should ever communicate with a member of the media, except when the Public Relations<br />

Department coordinates communication. Employees may be approached by media people<br />

for a seemingly harmless interview. Such interviews can be counter-productive to the <strong>employee</strong>, to<br />

U.S. <strong>Xpress</strong>, and to the trucking industry if not properly managed. Any <strong>employee</strong> who receives a<br />

call or personal contact from any media person at any time, including at an accident scene, should<br />

immediately inform the media representative to contact the Public Relations Department. If you are<br />

approached by the media, please call the Public Relations Department at 1-800-251-6291 x3203.<br />

Should the media at an accident scene contact you, politely refer the media representative to the<br />

Public Relations Department and contact the Risk Management Department (800-601-5500) immediately<br />

for further instructions.<br />

Whistleblower Hotline – (866) 674-5645<br />

U.S. <strong>Xpress</strong> provides its <strong>employee</strong>s a confidential hotline (866) 674-5645 to report questionable<br />

auditing and accounting practices or any practices related to the Company’s finances that <strong>employee</strong>s<br />

consider being illegal or dishonest. This hotline may also be used to report Human Resources or<br />

personnel related issues. You may also continue to direct those concerns directly to the Human Resources<br />

Department..Calls placed on the hotline, which is available 24 hours a day, 7 days a week,<br />

will be received by a third-party service to preserve confidentiality.<br />

Employees with any questions regarding this policy should contact the Company’s General Counsel<br />

at 423-510-3241.<br />

Anti-Harassment and Discrimination Policy<br />

Harassment or discrimination in any form is demeaning to the <strong>employee</strong> subjected to it and all those<br />

who witness such actions. The Company is committed to providing an environment free of unlawful<br />

harassment or discrimination regarding an individual’s race, color, sexual orientation, national origin,<br />

sex (includes pregnancy related conditions), religion, age (40 and older), disability, genetic information,<br />

a person who uses leave covered by the Federal Family and Medical Leave Act, a person who<br />

uses Military Leave, a person who associates with a protected class, a person who opposes unlawful<br />

employment practices, files a complaint or testifies about violations or possible violations, and<br />

any other protected class as defined by federal, state or local law. Because of this commitment, the<br />

Company strictly prohibits any <strong>employee</strong>, including managers and supervisors, from engaging in any<br />

act of harassment or discrimination. Employees who violate this commitment will be subject to discipline<br />

up to and including termination.<br />

It is important that all <strong>employee</strong>s of U.S. <strong>Xpress</strong> conduct themselves in such a manner that other <strong>employee</strong>s<br />

are not intimidated or threatened in their work environment. All job opportunities are based<br />

solely on an individual’s qualifications and are not based on any other factor, including a sexual favor<br />

or request. Violation of this policy by any <strong>employee</strong> shall subject the <strong>employee</strong> to disciplinary action<br />

up to and including discharge. If you feel you have been subjected to harassment of any kind, inform<br />

your supervisor, the Human Resources Department, or any member of management of the Company.<br />

All complaints will be promptly investigated.<br />

The term “Harassment” includes, but is not necessarily limited to: slurs, jokes or other verbal, graphic<br />

or physical conduct relating to an individual’s race, age, religion, gender or gender identity, national<br />

6 U.S. <strong>Xpress</strong>, Inc.


origin, marital status, sexual orientation, veteran status, or disability. Harassment also includes<br />

unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a<br />

sexual nature.<br />

Reporting an Incident of Harassment, Discrimination or<br />

Retaliation<br />

The availability of this complaint procedure is not intended to stop you from promptly advising the offender<br />

that his or her behavior is unwelcome and requesting that it be discontinued immediately.<br />

While no fixed reporting period has been established, U.S. <strong>Xpress</strong> strongly urges the prompt reporting<br />

of complaints or concerns so that rapid and constructive action can be taken. Individuals who<br />

believe they have experienced conduct that they believe is contrary to Company policy or who have<br />

concerns about such matters should alert their immediate supervisor, the Director of Human Resources<br />

or any member of the Human Resources Department. If for any reason, the <strong>employee</strong> feels<br />

the supervisor is not the appropriate person to talk to, the <strong>employee</strong> should report the incident(s)<br />

to the Human Resources Department or any other member of the management. U.S. <strong>Xpress</strong> also<br />

provides its <strong>employee</strong>s a confidential hotline (866) 674-5645 to report an incident of harassment or<br />

discrimination. A prompt investigation will be conducted and appropriate action taken.<br />

Human Resources Contact Numbers<br />

Chattanooga 1-800-251-6291 – Ext. 3610<br />

Lincoln 1-800-331-7746 – Ext. 3014<br />

Oklahoma City 1-405-686-4237<br />

Tunnel Hill 1-800-251-6291 – Ext. 1204<br />

Protection Against Retaliation<br />

U.S. <strong>Xpress</strong> prohibits retaliation against any individual who reports discrimination or harassment or<br />

participates in an investigation of such reports. Retaliation against an individual for reporting harassment<br />

or discrimination or for participating in an investigation of a claim of harassment or discrimination<br />

is a serious violation of this policy and, like harassment or discrimination itself, will be subject to<br />

disciplinary action.<br />

Horseplay Policy<br />

Horseplay in the workplace is prohibited. Horseplay is defined as rough or rowdy behavior or jokes<br />

that can often result in unintentional harm. While we expect <strong>employee</strong>s to converse freely and enjoy<br />

interacting with their co-workers, it is important that jokes and teasing do not cross the line and<br />

become harassment or horseplay. Incidents of horseplay should follow the same reporting procedures<br />

as a harassment, discrimination, or retaliation claims. This policy prohibits the following sorts<br />

of words or conduct: harmful physical contact, physically threatening words or gestures, blocking<br />

another’s path or movement, damage to property, demeaning jokes, taunting, slurs, nicknames, innuendoes,<br />

graphic or degrading comments, derogatory graffiti, slogans, or visual displays, etc.<br />

Take Your Job, Your Responsibilities, and Safety Seriously! You are responsible for performing your<br />

job correctly and safely. U.S. <strong>Xpress</strong> has safety rules and procedures that are designed to protect<br />

you. You are personally responsible for your own safety and for stopping unsafe acts performed by<br />

others. Horseplay can lead to serious injury to yourself and others. For that reason, incidents of<br />

horseplay and other safety rule violations will result in disciplinary action.<br />

Employee Handbook<br />

7


Non-Aggression Policy<br />

The safety and security of the Company’s <strong>employee</strong>s, customers, vendors, contractors, and the<br />

general public are of vital importance. Therefore, acts or threats of violence made by an <strong>employee</strong><br />

against another person’s life, health, well-being, family or property will not be tolerated.<br />

Any <strong>employee</strong> determined to have committed such acts or threats of violence will be subject to<br />

disciplinary action, up to and including termination. Non-<strong>employee</strong>s engaged in violent acts on U.S.<br />

<strong>Xpress</strong> premises will be reported to the proper authorities and fully prosecuted.<br />

Employees who observe suspicious workplace behavior, threats or acts of violence, offensive acts,<br />

threatening or offensive comments or remarks or other acts of aggression or intimidation, are required<br />

to immediately report such conduct to a member of management, the Human Resources<br />

Department, or safety personnel.<br />

Fraternization and Personal Relationships<br />

Consenting “romantic” or sexual relationships between a supervisor and an <strong>employee</strong> may at some<br />

point lead to unhappy complications and significant difficulties for all concerned - the <strong>employee</strong>, the<br />

supervisor and the Company. Any such relationship may, therefore, be contrary to the best interests<br />

of the Company. There are also circumstances where a relationship between a U.S. <strong>Xpress</strong> <strong>employee</strong><br />

and an <strong>employee</strong> of a customer or competitor could jeopardize the legitimate business interest<br />

of the Company. The Company strongly discourages such relationships and any conduct (such<br />

as dating between a supervisor and an <strong>employee</strong>) that may reasonably lead to the formation of a<br />

“romantic” or sexual relationship.<br />

By its discouragement of romantic and sexual relationships, the Company does not intend to inhibit<br />

the social interaction (such as lunches or dinners or attendance at entertainment events) that is, or<br />

should be, an important part or extension of the working environment. If a romantic or sexual relationship<br />

between a supervisor and an <strong>employee</strong> should develop, it shall be the responsibility and<br />

mandatory obligation of the supervisor to promptly disclose the existence of the relationship to the<br />

Vice President of Human Resources. The <strong>employee</strong> may make the disclosure as well, but the burden<br />

of doing so shall be upon the supervisor.<br />

Upon learning of the existence of such a relationship, the Company may take all steps that it feels<br />

are appropriate. At a minimum, the <strong>employee</strong> and supervisor will not be permitted to work together<br />

on the same matters (including matters pending at the time disclosure of the relationship is made),<br />

and the supervisor must withdraw from participation in activities or decisions (including, but not<br />

limited to, hiring, evaluations, promotions, compensation, work assignments and discipline) that may<br />

reward or disadvantage any <strong>employee</strong> with whom the supervisor has or has had such a relationship.<br />

In situations involving personal relationships or the employment of a relative, the Company will balance<br />

the individual’s rights and the Company’s business interests.<br />

Employee Conduct<br />

As an <strong>employee</strong> of the Company, you are required to adhere to certain rules of conduct necessary<br />

for the Company’s operations. As in any organization, a code of conduct is necessary to establish<br />

and maintain a productive and respectful working atmosphere.<br />

It is the policy of U.S. <strong>Xpress</strong> that all <strong>employee</strong>s comply with our standards of behavior and performance<br />

and that any noncompliance with these standards be corrected. Under normal circumstances,<br />

U.S. <strong>Xpress</strong>’ policy of progressive disciplinary action may take the form of any of the following, but<br />

not necessarily in the order listed:<br />

8 U.S. <strong>Xpress</strong>, Inc.


1. Verbal Warning<br />

2. Written Warning<br />

3. Suspension from Work Without Pay<br />

4. Dismissal or Termination<br />

This progressive discipline policy attempts to give <strong>employee</strong>s notice of any substandard behavior<br />

and/or performance in order to afford the <strong>employee</strong> an opportunity to improve. Counseling forms,<br />

evaluations, and incident reports are all tools that management needs to administer a fair and consistent<br />

disciplinary policy.<br />

The performance standards listed below, and others which may be established from time to time, are<br />

not all-inclusive. Rather, they are published to provide a general understanding of what the Company<br />

considers to be unacceptable conduct. These performance standards are merely examples of the<br />

types of misconduct for which <strong>employee</strong>s may be disciplined or discharged. Violations of any of the<br />

following performance standards may result in disciplinary action and/or immediate discharge:<br />

1. Insubordination, failure or refusal to follow the written or oral instructions of a<br />

supervisor or manager.<br />

2. Neglecting job duties and responsibilities.<br />

3. Engaging in unauthorized personal business during work hours.<br />

4. Falsifying or misrepresenting Company or employment records, including<br />

time cards.<br />

5. Discourtesy or rudeness in dealing with <strong>employee</strong>s of the Company and/or represen<br />

tatives of our customers and vendors.<br />

6. Failure to give proper notice when unable to report for, or to continue to, work<br />

as scheduled.<br />

7. Unexcused or excessive tardiness or absenteeism.<br />

8. Abuse of sick leave privileges.<br />

9. Theft, abuse or misuse of Company’s, Company <strong>employee</strong>’s, or a customer’s<br />

property, materials, or supplies.<br />

10. Unauthorized use of Company property and equipment including computers,<br />

cell phones, instant messaging, e-mail system, telephones, copy machines and<br />

mail service.<br />

11. Threatening, harassing or inflicting bodily harm to fellow <strong>employee</strong>s.<br />

12. Making false and malicious statements concerning <strong>employee</strong>s or the Company.<br />

Revealing confidential information concerning the Company, our <strong>employee</strong>s, or<br />

our customers.<br />

13. Intentionally discriminating against <strong>employee</strong>s in violation of applicable laws and/<br />

or engaging in harassment of any <strong>employee</strong>.<br />

14. Engaging in unsafe acts or horseplay at any time.<br />

15. Possession, use, purchase, consumption, transfer or sale of alcoholic beverages,<br />

controlled substances, or illegal drugs at any time during working hours,<br />

on Company premises, or reporting to work under the influence of alcohol, controlled<br />

substances or illegal drugs.<br />

16. Driving company owned or leased equipment or vehicles while under the influence<br />

of alcohol, controlled substances or illegal drugs.<br />

17. Violating any Company policies, rules, regulations, or practices.<br />

18. Possession of fire arms or other weapons on Company premises or in Company<br />

equipment.<br />

19. Sleeping on the clock or while not on a break period.<br />

Employee Handbook<br />

9


The progressive discipline policy outlined above is merely a guideline and discipline may begin at<br />

any step, including termination, at the discretion of management, depending on the seriousness of<br />

the offense. This policy does not change the at-will nature of employment at U.S. <strong>Xpress</strong>.<br />

Solicitation<br />

In the interest of maintaining a proper business environment and preventing interference with work<br />

and inconvenience to others, U.S. <strong>Xpress</strong> <strong>employee</strong>s may not distribute literature or printed materials<br />

of any kind, sell merchandise, solicit financial contributions, or solicit for any other cause during<br />

working time. Employees who are not on working time (e.g. those on meal breaks or other breaks)<br />

may not solicit <strong>employee</strong>s who are on working time for any cause or distribute to them literature of<br />

any kind.<br />

This policy also prohibits solicitations via U.S. <strong>Xpress</strong> E-mail, instant messaging, Satcom, texting,<br />

voicemail, or any other Company communication systems. Furthermore, <strong>employee</strong>s may not distribute<br />

literature or printed material of any kind on Company premises at any time.<br />

Non-<strong>employee</strong>s are also prohibited from distributing material and/or soliciting <strong>employee</strong>s on U.S.<br />

<strong>Xpress</strong> premises at anytime.<br />

Confidential Information<br />

It is particularly important that our <strong>employee</strong>s safeguard our <strong>employee</strong> information, customer information,<br />

pricing information, and trade secrets. All information is confidential unless specifically<br />

designated for distribution (i.e. sales brochures). Discussing information, reproducing material for<br />

non-U.S. <strong>Xpress</strong> use or allowing unauthorized access to confidential information is strictly prohibited.<br />

Searches of Company Property/Equipment<br />

The Company authorizes managers, supervisors, safety personnel and law enforcement <strong>office</strong>rs to<br />

search Company equipment for prohibited or illegal items. Searches may also be made of any personal<br />

property located on Company property or in Company equipment.<br />

Weapons Policy<br />

You may not carry any kind of weapon on your person, in your vehicle (subject to state law), or in<br />

your personal possessions while you are on Company property. Weapons include, but are not limited<br />

to:<br />

1. Shotguns, rifles, or pistols of any type, caliber or gauge (including BB and<br />

pellet guns).<br />

2. Bows and arrows or crossbows.<br />

3. Knives (other than small pocket knives).<br />

4. Stun guns<br />

5. Clubs, other than for checking tires.<br />

6. Any other items which have no legitimate business purpose and which you possess<br />

because of its potential to cause physical harm to others.<br />

Weapons found in violation of this policy will be confiscated. The Company may also file a report<br />

with appropriate law enforcement authorities.<br />

10 U.S. <strong>Xpress</strong>, Inc.


Social Networking Policy<br />

The following is the Company’s social media and social networking policy. The absence of, or lack<br />

of explicit reference to a specific site does not limit the extent of the application of this policy. Where<br />

no policy or guideline exists, <strong>employee</strong>s should use their professional judgment and take the most<br />

prudent action possible. Consult with your manager or supervisor if you are uncertain.<br />

1. Personal blogs should have clear disclaimers that the views expressed by the<br />

author in the blog is the author’s alone and do not represent the views of the<br />

company. Be clear and write in first person. Make your writing clear that you are<br />

speaking for your self and not on behalf of the company.<br />

2. Information published on your blog(s) should comply with the Company’s<br />

confidentiality and disclosure of proprietary data policies. This also applies to<br />

comments posted on other blogs, forums, and social networking sites.<br />

3. Be respectful to the Company, other <strong>employee</strong>s, customers, partners, and<br />

competitors.<br />

4. Social media activities should not interfere with work commitments.<br />

5. Your online presence reflects the Company. Be aware that your actions cap<br />

tured via images, posts, or comments can reflect that of our company.<br />

6. Do not reference or site Company subsidiaries, partners, or customers without<br />

their express consent. In all cases, do not publish any information regarding a<br />

customer during the engagement.<br />

7. Respect copyright laws, and reference or cite sources appropriately. Plagiarism<br />

applies online as well.<br />

8. Company logos and trademarks may not be used without written consent.<br />

Employees must also be aware of and abide by the Federal Trade Commission guidelines regarding<br />

the use of endorsements and testimonials. Under these guidelines, <strong>employee</strong>s who use social<br />

media to make statements about the Company’s services may create unintended legal liability for the<br />

Company if a customer later claims to have been misled by such a posting. Employees in violation<br />

of the Company social networking policy may be disciplined up to and including termination.<br />

Gifts and Gratuities<br />

In order to avoid a conflict of interest or the appearance of a conflict of interest, at no time should an<br />

<strong>employee</strong> solicit or accept gifts from a vendor or contractor or from a potential vendor or contractor.<br />

Gifts valued at $25.00 or more cannot be accepted by Company <strong>employee</strong>s, and should be returned<br />

immediately to the donor. If the value of the gift is undetermined it should be returned. Ordinary business<br />

courtesies, such as payment for a modest lunch or dinner, are acceptable. Gifts that are promotional<br />

items without significant value, and which are distributed routinely by the vendor to clients, are<br />

also acceptable.<br />

Gratuities or gifts of money to the <strong>employee</strong> cannot be accepted at any time and should be returned<br />

immediately to the donor. It is the responsibility of supervisors to ensure that the policy on gifts and<br />

gratuities is known to <strong>employee</strong>s and that it is properly enforced. Employees who have questions<br />

regarding this policy or who are uncertain as to whether a conflict of interest exists should confer with<br />

their supervisors or the Human Resources Department.<br />

Tobacco Usage/Smoking Policy<br />

Smoking is prohibited in all Company facilities including, but not limited to, driver lounges, hallways,<br />

meeting rooms, <strong>office</strong>s, break rooms, restrooms and Company vehicles (unless occupied solely<br />

by the operator). Smoking may take place only in designated unenclosed areas. Smoking is not<br />

Employee Handbook<br />

11


allowed in front of either building or at the delivery entrances. In all cases, smokers must be far<br />

enough away from the building entrance doors that smoke from outdoors does not enter the building.<br />

You should note that the use of smokeless tobacco of any kind inside of the buildings is also<br />

prohibited. Any violation of this policy may result in disciplinary action, up to and including discharge.<br />

Open Door Policy<br />

U.S. <strong>Xpress</strong> management maintains an “open door” policy. Your complaints or problems are of concern<br />

to us whether they are large or small. Any time you feel that you are not being treated fairly, we<br />

want you to let us know about it right away. The door is always open to you. It is our policy to let an<br />

<strong>employee</strong> tell his/her side of the story and give every consideration to his/her problems and complaints.<br />

Any complaints should first be addressed with your supervisor. In the event you feel the complaint<br />

is not being handled correctly you should contact your department manager, then finally the<br />

vice president or executive of your department. If you feel that your issues are not being addressed<br />

in an appropriate fashion through these individuals, or if you are uncomfortable speaking with these<br />

individuals, you may contact the Human Resources Department or any member of executive management.<br />

Dress Code Policy<br />

Your personal appearance, clothing, the length and style of your hair, your hygiene, facial hair, etc.,<br />

reflects your status as a professional and the Company’s status as one of the top transportation service<br />

providers in the nation. U.S. <strong>Xpress</strong> has adopted a “business casual” dress code as our every<br />

day standard. However, there may be times when traditional business attire is more appropriate. All<br />

clothing should be clean, pressed, and neat. All <strong>employee</strong>s must exercise good judgment and professionalism<br />

when dressing for work, which includes wearing the appropriate undergarments. Facial<br />

piercings (other than the ears) are prohibited.<br />

The following list is a guideline of what attire is appropriate and inappropriate business casual attire:<br />

Appropriate Business Attire:<br />

Dresses (length cannot be more than 3 inches above the knee); suits/pant suits/ties; skirts (length<br />

cannot be more than 3 inches above the knee); blouses/shirts; blazers; vests; dress pants in business<br />

suitable fabrics; any type of business shoe (heels, flats, etc.); Khaki or “docker” style pants;<br />

collared short sleeve shirts.<br />

Inappropriate Business Attire:<br />

Any type of denim (including jean dresses, denim shirts, denim pants, denim skirts, etc.); any material<br />

resembling denim; casual/sport T-shirts (including logo merchandise); shorts or city shorts; stirrup<br />

pants and leggings; casual sandals, athletic or canvas shoes, work boots; flannel shirts; off the<br />

shoulder blouses, halter tops, sun dresses or spaghetti strap dresses, sneakers, thongs or flip flops<br />

and slippers. Any attire that is revealing such as: shorts, crop tops, tank tops, bare midriffs, or items<br />

made of sheer material, are also inappropriate.<br />

Casual Attire:<br />

Certain days of the year may be designated as a casual day or jeans day. The following list is a<br />

guideline of clothing that is appropriate and inappropriate on those days:<br />

Appropriate Clothing:<br />

Jeans, t-shirts, tennis shoes, denim shirts, dresses or skirts, sweatshirts.<br />

12 U.S. <strong>Xpress</strong>, Inc.


Inappropriate Clothing:<br />

The following is inappropriate attire: Cut-offs, sweat pants, shorts, bib overalls, spandex, off the<br />

shoulder blouses, halter tops, sun dresses or spaghetti strap dresses, thongs or flip flops and slippers.<br />

Any attire that is revealing such as: shorts, crop tops, tank tops, bare midriffs, and/or items<br />

made of sheer material are also inappropriate. Also, wearing baseball caps, sporting shirts with profanity,<br />

nudity, political, or religious slogans are also deemed to be inappropriate.<br />

Please be considerate of co-workers, customers, and guests; good personal hygiene is a must. Perfume<br />

and cologne is permitted, but please be aware that co-workers may have a sensitivity to some<br />

perfumes and soaps.<br />

When an <strong>employee</strong> violates the dress code policy, management will send the <strong>employee</strong> home to<br />

change into acceptable attire. If an <strong>employee</strong> is warned or sent home two times, a written warning<br />

will be issued and placed in the <strong>employee</strong>’s personnel file. If the dress code policy is violated after<br />

the written warning, the <strong>employee</strong> will be sent home without pay for the remainder of the day.<br />

E-mail Policy<br />

The company has established a policy with regard to access and disclosure of electronic mail messages<br />

(including email, satcom, instant messaging, or other forms of electronic communication in use<br />

by U.S. <strong>Xpress</strong>) created, sent or received by company <strong>employee</strong>s using the company’s electronic<br />

mail system.<br />

The company maintains an electronic mail system to assist in conducting Company business. The<br />

electronic mail system is company property. Additionally, all messages composed, sent, or received<br />

on the electronic mail system are, and remain, Company property. They are not the private property<br />

of any <strong>employee</strong>.<br />

The electronic mail system is not to be used to create any offensive or disruptive messages, including<br />

messages which are considered offensive, any messages which contain sexual implications,<br />

racial slurs, gender-specific comments, or any other comment that offensively addresses someone’s<br />

age, sexual orientation, religious or political beliefs, national origin, or disability. It should also not be<br />

used to solicit or proselytize for commercial ventures, religious or political causes, outside organizations,<br />

or other non-job-related solicitations.<br />

The electronic mail system shall not be used to send (upload) or receive (download) copyrighted materials,<br />

trade secrets, proprietary financial information, or similar materials without prior authorization.<br />

The company reserves and intends to exercise the right to review, audit, intercept, access and disclose<br />

all messages created, received or sent over the electronic mail system for any purpose. The<br />

contents of electronic mail properly obtained for legitimate business purposes, may be disclosed<br />

within the company without the permission of the <strong>employee</strong>.<br />

Notwithstanding the company’s right to retrieve and read any electronic mail messages, such messages<br />

should be treated as confidential by other <strong>employee</strong>s and accessed only by the intended<br />

recipient. Employees are not authorized to retrieve or read any e-mail messages that are not sent to<br />

them. Any exception to this policy must receive prior approval by the employer. Employees shall not<br />

use a code, access a file, or retrieve any stored information, unless authorized to do so. Employees<br />

should not attempt to gain access to another <strong>employee</strong>’s messages without the latter’s permission.<br />

Any <strong>employee</strong> who violates this email policy or uses the electronic mail system for improper purposes<br />

shall be subject to discipline, up to and including discharge.<br />

Employee Handbook<br />

13


Internet Usage Policy<br />

Certain <strong>employee</strong>s may be provided with access to the Internet to assist them in performing their<br />

jobs. The Internet can be a valuable source of information and research. Use of the Internet must be<br />

tempered with common sense and good judgment.<br />

The Company is not responsible for material viewed or downloaded by users from the Internet. Users<br />

are cautioned that many of these pages include offensive, sexually explicit, and inappropriate material.<br />

In general, it is difficult to avoid at least some contact with this material while using the Internet.<br />

Even innocuous search requests may lead to sites with highly offensive content. Users accessing the<br />

Internet do so at their own risk.<br />

Employees must not waste computer resources by sending mass mailings or chain letters, spending<br />

excessive amounts of time on the Internet, playing games, engaging in online chat groups, printing<br />

multiple copies of documents, or otherwise creating unnecessary network traffic. Because audio,<br />

video and picture files require significant storage space, files of this or any other sort may not be<br />

downloaded unless they are business-related. Employees may not use the company’s Internet connection<br />

to download games or other entertainment software, including wallpaper and screen savers,<br />

or to play games over the Internet. Listening to streaming music or watching streaming video is also<br />

prohibited. Accessing external e-mail sources (e.g., Hotmail, AOL, etc.) using U.S. <strong>Xpress</strong> owned<br />

equipment is strictly prohibited. This type of incidental use of the Internet is prohibited because this<br />

data may in some circumstances circumvent some of the Company’s virus protection measures. The<br />

Company uses software to identify inappropriate or sexually explicit Internet sites. Such sites may<br />

be blocked from access by Company networks. In the event you encounter inappropriate or sexually<br />

explicit material while browsing on the Internet, immediately disconnect from the site, regardless of<br />

whether the site was subject to company blocking software.<br />

Material that is fraudulent, harassing, embarrassing, sexually explicit, profane, obscene, intimidating,<br />

defamatory, or otherwise unlawful, inappropriate, offensive (including offensive material concerning<br />

sex, race, color, national origin, religion, age, disability, or other characteristic protected by law), or<br />

in violation of the Company’s equal employment opportunity policy and its policies against sexual<br />

or other harassment may not be downloaded from the Internet or displayed or stored in Company<br />

computers. Employees encountering or receiving this kind of material should immediately report the<br />

incident to their supervisors or the Human Resources Department. The Company’s equal employment<br />

opportunity policy and its policies against sexual or other harassment apply fully to the use of<br />

the Internet and any violation of those policies is grounds for discipline up to and including discharge.<br />

Employees may not illegally copy material protected under copyright law or make that material<br />

available to others for copying. You are responsible for complying with copyright law and applicable<br />

licenses that may apply to software, files, graphics, documents, messages, and other material you<br />

wish to download or copy. You may not agree to a license or download any material for which a registration<br />

fee is charged without first obtaining the express written permission of your Department Vice<br />

President.<br />

To ensure security and to avoid the spread of viruses, <strong>employee</strong>s accessing the Internet through a<br />

computer attached to the Company’s network must do so through an approved Internet firewall. Accessing<br />

the Internet directly by modem is strictly prohibited unless the computer you are using is not<br />

connected to the Company’s network.<br />

Files obtained from sources outside the Company, including disks brought from home; files downloaded<br />

from the Internet, newsgroups, bulletin boards, or other online services; files attached to e-<br />

mail; and files provided by customers or vendors may contain dangerous computer viruses that may<br />

damage the Company’s computer network. Employees should never download files from the Inter-<br />

14 U.S. <strong>Xpress</strong>, Inc.


net, accept e-mail attachments from outsiders, or use disks from non-Company sources, without first<br />

scanning the material with Company-approved virus checking software. If you suspect that a virus<br />

has been introduced into the Company’s network, notify the Help Desk immediately.<br />

Telephone Monitoring<br />

During the course of ordinary business, members of the management team or their designee may<br />

listen in on department phone lines (such as recruiting or customer service lines) to ensure <strong>employee</strong>s<br />

are being respectful and responsible to customers or for other legitimate business purposes.<br />

Business calls may also be monitored for training purposes or to critique customer service skills and<br />

provide feedback for job performance as needed. Employees will be informed that they may be monitored<br />

at any time during business calls without notification.<br />

In addition, customers will also be notified of possible monitoring. If at any time during the monitoring<br />

process a personal call is identified, the monitoring will immediately be suspended. However, a<br />

continuous excessive level of non-business related phone calls is a basis for disciplinary action.<br />

Disclosure of confidential information and any other recordings of conversations in the workplace by<br />

<strong>employee</strong>s without consent by all parties is prohibited.<br />

Handheld Electronic Devices<br />

Handheld Electronic Devices are defined as portable devices used for electronic communications.<br />

These devices include cell phones, PDAs (personal digital assistants), handheld PCs (personal computers),<br />

and other hybrid handheld communication devices that have cell phone, internet, or email<br />

capabilities. For the purpose of this policy, all of these devices will be called “PDAs.”<br />

While such devices are extremely useful in managing contact information, reviewing documents and<br />

corresponding via electronic mail, the devices should not be used while driving. The use of PDAs<br />

while driving is not only a danger to you, but a danger to the public as well. In order to ensure the<br />

safety of our <strong>employee</strong>s and the public, all <strong>employee</strong>s are prohibited from using Handheld Electronic<br />

Devices while driving.<br />

Privacy Policy<br />

Computers, internet access, e-mail capability, instant messaging, company supplied PDAs, telephones,<br />

etc. are given to our <strong>employee</strong>s to assist them in performance of their job and are authorized<br />

for business use only. Please note, <strong>employee</strong>s should not have an expectation of privacy<br />

in anything that they create, store, send or receive on or via company owned equipment or<br />

systems.<br />

The Company has the right to monitor and review all aspects of its communication systems and<br />

computer system, including but not limited to monitoring internet sites visited by <strong>employee</strong>s, reviewing<br />

and monitoring all messages created, sent and received via the U.S. <strong>Xpress</strong> e-mail system and<br />

U.S. <strong>Xpress</strong> instant messenger system, monitoring telephone conversations, and reviewing text messages<br />

received, created or sent on U.S. <strong>Xpress</strong> owned cell phones and PDAs,<br />

Job Posting and Promotion Policy<br />

<strong>US</strong>X encourages its <strong>employee</strong>s to grow with the Company and take advantage of the many career<br />

opportunities it has to offer. <strong>US</strong>X promotes qualified <strong>employee</strong>s from within the Company whenever<br />

possible; however, the positions will be awarded to the most qualified individual from the internal and<br />

external candidate pool. Qualified <strong>employee</strong>s will be given consideration for promotion to an open<br />

position without regard to an individual’s race, age, religion, gender or gender identity, national origin,<br />

marital status, sexual orientation, veteran status, or disability. Employees wishing to transfer must<br />

have worked in their current position at least six months and have no written warnings within the last<br />

six months.<br />

Employee Handbook<br />

15


SAFETY & COMPLIANCE<br />

U.S. <strong>Xpress</strong> has an on-going, full-time Safety and Compliance program designed to increase awareness<br />

of potential hazards in the workplace and encourage your participation in the reduction of hazards.<br />

It is our goal to provide as safe a working environment as possible. To achieve this goal, each<br />

<strong>employee</strong> must practice safe work habits at all times. You are expected to follow all Company safety<br />

rules and regulations. To prevent accidents and ensure the safety of visitors and <strong>employee</strong>s, notify<br />

your supervisor or the Safety Department of any unsafe conditions or faulty equipment.<br />

Medical Situations – What To Do<br />

Emergency Situations<br />

• Immediately dial 911 (remember to dial 9-911).<br />

• State your name.<br />

• State the location of the emergency.<br />

• State the nature of the emergency (chest pain, unconsciousness, auto accident, etc.).<br />

• Contact the receptionist in the <strong>office</strong> and tell him/her that you need assistance from a<br />

Company First Responder and provide your location. The receptionist will contact the First<br />

Responder and direct them to your location.<br />

Any family member that needs to contact an <strong>employee</strong> in the case of an emergency and cannot reach<br />

the <strong>employee</strong> directly should call the <strong>employee</strong>’s immediate supervisor. If the <strong>employee</strong>’s immediate<br />

supervisor is not known, the family member can call Human Resources to contact an <strong>employee</strong>. The<br />

caller should inform U.S. <strong>Xpress</strong> that the call is about an emergency situation.<br />

Non-Emergency Situations<br />

Employees who become ill at work will be sent home. Your supervisor will determine if you need to be<br />

escorted home.<br />

What To Do If You Are Injured At Work<br />

If you are injured while working, report the injury immediately to your supervisor and to the Workers’<br />

Compensation Department at 1-800-601-5500. You will receive medical treatment and will be required<br />

to complete a First Report of Injury form. Consistent with applicable state law, failure to report<br />

an injury within a reasonable amount of time could jeopardize your claim. We ask for your assistance<br />

in alerting management to any condition that could lead or contribute to an <strong>employee</strong> accident. U.S.<br />

<strong>Xpress</strong> will abide by all requirements set forth in the Workers’ Compensation Act and any other applicable<br />

law. We will not take adverse action against an <strong>employee</strong> in retaliation for filing a workers’<br />

compensation claim.<br />

Drug-Free Workplace<br />

U.S. <strong>Xpress</strong> has taken a strong stand against drugs and/or alcohol in the workplace. The Company<br />

complies with the applicable requirements of the Drug-Free Workplace Act of 1988. Pursuant to<br />

this Act, entering Company property or reporting to work in an unfit condition because of the use or<br />

consumption of controlled substances or alcohol is strictly prohibited. The use, consumption, possession,<br />

transportation or sale of unlawful controlled substances or alcohol while on Company property<br />

or on Company business is strictly prohibited. Likewise no alcohol will be brought onto Company<br />

property or consumed during scheduled work hours (including lunch breaks) or for a four-hour period<br />

preceding scheduled work hours.<br />

16 U.S. <strong>Xpress</strong>, Inc.


Employees may use over-the-counter drugs and prescription medications for which the <strong>employee</strong><br />

has a valid prescription. However, <strong>employee</strong>s are prohibited from using or being under the influence<br />

of any drug or substance, whether use is legal or illegal, that impairs the <strong>employee</strong>’s ability to perform<br />

the job. Employees should review and comply with instructions on their prescribed or over-thecounter<br />

medications. Possession of paraphernalia used in connection with any drug or substance<br />

subject to this rule shall be evidence of violation of this rule.<br />

Please help us in creating a drug and alcohol-free workplace by reporting any violations to the Human<br />

Resources Department or any member of management.<br />

Employee Handbook<br />

17


COMPANY & PERSONAL PROPERTY<br />

Property Access<br />

Only current <strong>employee</strong>s are allowed general access to U.S. <strong>Xpress</strong> properties and Service Centers.<br />

All other visitors are to report to the receptionist and/or guard and should be accompanied by a U.S.<br />

<strong>Xpress</strong> <strong>employee</strong> at all times when not in the reception area. Guests are required to sign in and out<br />

of the facility. The Company shall provide guests and vendors with approved identification as discussed<br />

below. It is requested that friend or family visitations to <strong>employee</strong>s during the work day be of<br />

a short duration in order to minimize disruption to work schedules.<br />

Physical Access Controls<br />

U.S. <strong>Xpress</strong> takes the safety and security of our <strong>employee</strong>s, customers, and shipments very seriously.<br />

In fact, U.S. <strong>Xpress</strong> has made the commitment to the U.S. Customs Service by signing the<br />

Agreement to Voluntarily Participate in Customs-Trade Partnership Against Terrorism (C-TPAT). As<br />

a supporter of the Customs initiatives, we are proud to participate and take an active role in the war<br />

against terrorism by ensuring a more secure supply chain.<br />

All <strong>employee</strong>s have a responsibility to assist us in the positive identification of all <strong>employee</strong>s, visitors,<br />

service providers, and vendors at all points of entry. Vendors and customers should only have<br />

access to those areas of a facility where they have legitimate business. All <strong>employee</strong>s should be<br />

familiar with the security procedures outline below and take an active role in ensuring these security<br />

measures:<br />

• Employees<br />

All <strong>office</strong> <strong>employee</strong>s will be provided with an identification badge. Badges must be<br />

worn at all times and be visible to others. For this reason, badges must be worn above<br />

the waist with <strong>employee</strong>’s picture facing out. If you do not have your badge, you must stop<br />

at the front desk (or other designated individual as determined by the facility), provide a<br />

picture identification, and a temporary day badge will be provided to you by the receptionist.<br />

Any company issued identification badges must be surrendered at the time of termination.<br />

Supervisors must return the terminated <strong>employee</strong>’s badge to Human Resources so that<br />

access can be deleted. Supervisors are responsible for ensuring that <strong>employee</strong>s comply<br />

with this identification badge policy and that their direct reports wear their badges at all<br />

times. Employees must not let people walk through ID entry points behind them if that<br />

person is not wearing an authorized ID badge. Please refer that person to the receptionist<br />

or other designated individual so that a visitor badge can be issued for the day. You must<br />

notify Human Resources immediately if your badge is lost or stolen. Human Resources will<br />

charge a replacement fee of $10 for lost or stolen cards.<br />

• Visitors/Vendors/Service Providers<br />

Visitors, vendors, and service providers must sign in and present photo identification<br />

for documentation purposes to the receptionist or other designated individual, upon<br />

arrival at the <strong>US</strong>X facility each day. All visitors and service providers should visibly<br />

display temporary identification on their person in a location above the waist and should<br />

be escorted by an <strong>employee</strong> while on site at all times. Non-<strong>employee</strong>s should never be<br />

allowed to wander the facilities unescorted. Visitors, vendors and service providers must<br />

also sign out on departure from the facility and return any visitor badge that was provided.<br />

Visitor logs must be retained for a minimum of one year.<br />

• Challenging and Removing Unauthorized Persons<br />

All <strong>employee</strong>s have the responsibility to identify, challenge and address<br />

unauthorized/unidentified persons. If you note an authorized visitor or a person unknown<br />

to you without visible identification, please notify your manager or someone in Human<br />

18 U.S. <strong>Xpress</strong>, Inc.


Resources immediately. Failure to follow access control policies (including repeat instances<br />

of lost/misplaced/stolen badges) may result in disciplinary action for the <strong>employee</strong>. Failure<br />

to follow access control policies by non-<strong>employee</strong>s may include removal from the <strong>US</strong>X<br />

property.<br />

Inspection of Persons or Property<br />

U.S. <strong>Xpress</strong> uses electronic surveillance in all of its facilities for safety and security purposes. We<br />

reserve the right to search any person entering terminals or off-site locations and to search property,<br />

equipment, and storage areas (including, but not limited to equipment, clothing, personal effects, vehicles,<br />

<strong>office</strong>s, parking lots, desks, cabinets, lunch and equipment boxes, bags or lockers). Employees<br />

and visitors should have no expectation of privacy as to items used or brought onto<br />

Company property.<br />

Personal Vehicle Parking<br />

All <strong>employee</strong>s are instructed to park their personal vehicles in the designated areas. Many locations<br />

have limited facilities for parking. Therefore, to avoid potential accidents and safety hazards, under<br />

no circumstances are <strong>employee</strong>s to park their personal vehicles in non-designated parking or tractortrailer<br />

parking areas or in the vicinity of cargo loading/unloading areas. Parking in the designated<br />

visitor, handicapped, or reserved parking is also prohibited. Parking is not permitted on the grass<br />

portion or driveways of facilities without prior management approval. Employees who park in handicap<br />

parking must provide the Human Resources Department with medical documentation allowing<br />

them to park in this designated area. The company reserves the right to remove, at the <strong>employee</strong>’s<br />

expense, any vehicle not in compliance with these parking rules. Vehicles without a current registration<br />

are subject to removal at the <strong>employee</strong>’s expense. U.S. <strong>Xpress</strong> is not liable for damage or theft<br />

to vehicles while on Company property.<br />

Personal Property<br />

If you should have any personal property stolen at a Company facility, please report the theft to the<br />

Service Center Manager. They will coordinate an investigation and report the theft to the local law<br />

enforcement agency. Your personal property is not insured by U.S. <strong>Xpress</strong>. The Company is not<br />

responsible for any personal property lost, stolen or damaged on Company property. Additionally,<br />

U.S. <strong>Xpress</strong> is not responsible for any automobiles parked in Company lots or for property contained<br />

in those vehicles.<br />

Employee Handbook<br />

19


PERSONAL EMPLOYEE INFORMATION<br />

Employment Records<br />

Your employment record or personnel file is the property of U.S. <strong>Xpress</strong> and is maintained at the<br />

Corporate Headquarters in Chattanooga, Tennessee. You may view your file by setting up an appointment<br />

with the Human Resources Department. Please remember to bring proper identification<br />

(i.e., driver’s license or work ID badge). Personnel files are confidential and will not be discussed or<br />

shown to anyone but the <strong>employee</strong> or the <strong>employee</strong>’s supervisor.<br />

Employee File Updates<br />

Your current address, telephone number, and up-to-date family status are very important to us. This<br />

information is needed in the event of emergencies and for maintaining proper payroll deductions and<br />

records for Social Security, withholding taxes and group insurance. Please notify the Human<br />

Resources Department as soon as possible if your personal information changes such as:<br />

• A new social security card<br />

• A new driver’s license<br />

• Change of address and/or telephone<br />

• Any changes in the name or number of dependents, whether by divorce, marriage,<br />

birth or death<br />

You will need to provide the appropriate documentation such as a copy of the marriage, birth or<br />

death certificate, the divorce decree cover page indicating your name change and the judge’s signature<br />

and, where applicable, a copy of your new Social Security card. You will also need to complete<br />

a new W-4 form and, if applicable, a state tax form, available on the HR website or from Human<br />

Resources. If you legally change your name, please send a copy of the decree cover page indicating<br />

your name change and the judge’s signature and a copy of your new Social Security card. You<br />

will also need to complete a new W-4 form, and if applicable, a state tax form, available on the HR<br />

website or from Human Resources. Change of emergency contact name and/or number can be<br />

done on the HR Website or by sending an e-mail message to Human Resources or call the Human<br />

Resources <strong>office</strong> in Chattanooga, TN at one of the following extensions at 423-510-3232, 3823, 3623<br />

or 3495 or by emailing us at HRCompensation@usxpress.com .<br />

Employment Verifications<br />

All employment verifications for mortgage, loan, apartment applications, etc. are handled through a<br />

third party agency on behalf of U.S. <strong>Xpress</strong>. Please have the lender or apartment manager call (900)<br />

787-0002 to access your dates of employment and job title. Salary information may be released with<br />

proper release from the <strong>employee</strong>. Please make sure that you have provided the lender with a signature<br />

allowing the release of your information before they call. Note: There will be a $20 fee charged<br />

to the lender or credit agency for using this service.<br />

All other employment verifications for <strong>office</strong> personnel may be obtained by contacting Thomas and<br />

Thorngren for dates and job titles at 615-242-8246. Employment verifications for driver personnel<br />

may be obtained at DriverFACTS.com or by calling 888-844-4730.<br />

Employment References<br />

All inquiries regarding a current or former Company <strong>employee</strong> must be referred to the Human Resources<br />

Department by calling 888-687-0719. Written and verbal requests for a reference should<br />

be referred to the Human Resources Department for handling. No Company <strong>employee</strong> may issue a<br />

reference letter to any current or former <strong>employee</strong> without the permission of the Human Resources<br />

20 U.S. <strong>Xpress</strong>, Inc.


Department, nor should any Company <strong>employee</strong> release information about any current or former<br />

Company <strong>employee</strong> over the telephone.<br />

In response to an outside request for information regarding a current or former Company <strong>employee</strong>,<br />

the Human Resources Department will furnish or verify only an <strong>employee</strong>’s name, dates of employment,<br />

job title and department. No other data or information regarding any current or former Company<br />

<strong>employee</strong>, or his/her employment with the Company, will be furnished unless the <strong>employee</strong><br />

authorizes the Company to furnish this information in writing. The authorization must also release<br />

the Company from liability in connection with furnishing this information.<br />

Employee Handbook<br />

21


EMPLOYMENT STAT<strong>US</strong>,<br />

ATTENDANCE, WORKING CONDITIONS<br />

& LEAVE POLICIES<br />

Employment Date or Date of Hire<br />

Your employment date is the date that you started working for the Company. It does not change during<br />

continuous employment and is used for calculating length of service and eligibility date to participate<br />

in the various benefit plans offered by the Company. If you terminate and are later rehired, your<br />

most recent hire date is your employment date.<br />

Employment Status<br />

Full-time<br />

For traditional shift <strong>employee</strong>s, full time status is forty (40) or more scheduled work hours per week.<br />

Full time <strong>employee</strong>s are eligible to participate in <strong>employee</strong> benefit programs.<br />

Part-time<br />

Part time <strong>employee</strong>s who are regularly scheduled to work less than thirty-three (33) hours per week<br />

are eligible for certain <strong>employee</strong> benefits based on length of employment.<br />

Temporary Workers<br />

Temporary workers are hired on a temporary basis to perform a specific job for a specific period of<br />

time, usually less than one year. Temporary workers are not eligible for any company benefits.<br />

Exempt and Non-Exempt Classification<br />

Office <strong>employee</strong>s are classified as exempt or non-exempt from overtime pay in accordance with the<br />

Fair Labor Standards Act (FLSA). Status as exempt or non-exempt is determined by job duties as<br />

required by FLSA regulations. Questions regarding exemption status should be directed to the Compensation<br />

Department.<br />

Exempt<br />

Pursuant to the FLSA and applicable state laws, exempt <strong>employee</strong>s perform administrative, professional,<br />

supervisory or management duties. Exempt <strong>employee</strong>s are not entitled to overtime pay.<br />

Non-Exempt Hourly or Salary Non-Exempt<br />

Pursuant to the FLSA and applicable state laws, non-exempt <strong>employee</strong>s are entitled to overtime pay<br />

for hours worked in excess of forty hours per week (or as required by state law).<br />

Recording Your Time<br />

You are required to maintain an accurate record of all time worked. Exempt <strong>employee</strong>s are required<br />

to complete an accurate electronic timesheet each week showing record exceptions, such as sick<br />

leave, vacation, personal leave, etc. Non-exempt <strong>employee</strong>s are required to accurately record time<br />

worked on a timecard and/or timesheet for each day worked. Your timecard and/or timesheet is very<br />

important because the information recorded on your timecard and/or timesheet is used as an accurate<br />

record of your earnings for payroll computation.<br />

22 U.S. <strong>Xpress</strong>, Inc.


Business Travel<br />

You may be required to travel for business or to attend training sessions. Exempt <strong>employee</strong>s should<br />

count time spent on business travel or training as normal working hours. Non-exempt <strong>employee</strong>s<br />

(hourly or salaried non exempt) will receive compensation for business travel in accordance with the<br />

FLSA as summarized below:<br />

Travel for Business in the Course of a Day: If you travel from home directly to another city<br />

and return home the same day, all of the time away from home, except for meal periods, would be<br />

recorded as working time.<br />

Overnight Travel for Business: Overnight travel for business purposes during your regular<br />

working hours or the weekend equivalent of your regular working hours is compensable if you are<br />

hourly or salary non-exempt. Regular working hours are defined as your normal or usual working<br />

hours. For example, if you normally work from 8am to 5pm, time spent traveling on the weekend<br />

during these hours is compensable. Time spent for meals or spent sleeping would not be counted as<br />

working hours, nor would free time spent at the destination location.<br />

If you are merely a passenger in a vehicle or other form of transportation, and are traveling outside<br />

your normal working hours or their weekend equivalent, you would not record these hours as time<br />

worked. This applies to being a passenger in an automobile, bus, airplane, train or boat. If you are<br />

driving, or performing work as a passenger, you should record this as time worked regardless of your<br />

normal working hours.<br />

Violations of Time Keeping Policies<br />

Violations of the company policies regarding recording time worked are very serious offenses. Employees<br />

that violate these policies are subject to discipline up to and including termination. It is a<br />

violation of the Company’s policy for any <strong>employee</strong> to falsify a timecard and/or timesheet or to alter<br />

another <strong>employee</strong>’s timecard. It is a violation of company policy for a manager to knowingly approve<br />

an inaccurate timesheet.<br />

Employees should be aware of this policy and understand that the company does not allow deductions<br />

that violate state or federal laws. Management is prohibited from directing <strong>employee</strong>s to work<br />

off the clock and will be subject to disciplinary action for violation of this policy.<br />

If you believe that an improper deduction has been made to your salary, your pay does not accurately<br />

reflect your hours worked, or if you have been asked to work overtime and not record your time,<br />

you should immediately report the situation to the Human Resources Department. All Reports will be<br />

promptly investigated and corrective action will be taken.<br />

Overtime<br />

Working overtime is sometimes necessitated by customer demand and general business operations.<br />

If there is a need for overtime, your supervisor may ask you to work longer than your normal working<br />

day or report to work on a non-scheduled work day. Employees will be given advance notice when<br />

possible; however, advance notice is not required. Non-exempt hourly <strong>employee</strong>s will be paid time<br />

and one-half (1 ½) for all hours worked over forty (40) hours in any week. Non-exempt salaried <strong>employee</strong>s<br />

will be paid half the <strong>employee</strong>’s regular rate of pay for all hours worked over forty (40) hours<br />

in any week. Where applicable, prevailing state or federal laws may supersede this policy. All overtime<br />

worked must have prior approval from your supervisor or other management executive responsible<br />

for the department. If you worked overtime without prior management approval, this time must<br />

be reported on your timecard or timesheet. While you will be paid for all hours worked, you may be<br />

subject to disciplinary action for working unauthorized hours.<br />

Employee Handbook<br />

23


Work Assignments<br />

Because of changing business needs, the Company reserves the right to reassign you to a different<br />

work area, job task, or shift. Whenever possible, advance notice will be given prior to these changes.<br />

On-Call Policy<br />

Employees may be required to be available to respond to essential work situations related to his/<br />

her official duties after hours or on weekends. Employees that are in an on-call status are free to<br />

engage in personal pursuits during the on-call period but must provide a telephone number where<br />

they can be reached. Being in on-call status is not considered time worked for purposes of computing<br />

overtime. Employees in an on-call status must be able to report to work within one hour if called<br />

upon. A non-exempt <strong>employee</strong> who is called back to work shall be compensated in compliance with<br />

the FLSA. Travel time to and from home to report to a work call back is not considered time worked<br />

for computing overtime.<br />

Absence/Tardiness Policy & Procedures<br />

An unapproved absence is an absence that is unscheduled and ultimately has not been approved<br />

by an <strong>employee</strong>’s supervisor. If you are ill and cannot report to work you must notify your supervisor<br />

before the start of your shift. U.S. <strong>Xpress</strong> reserves the right to require a doctor’s note for any length<br />

of illness. An unapproved absence will not be considered an offense if it is ultimately approved by an<br />

<strong>employee</strong>’s supervisor or if it is covered under Short Term Disability Leave, Family Medical Leave,<br />

Tennessee Maternity Leave, Military Leave, absence due to an illness or injury covered by workers’<br />

compensation, jury duty, absence due to a subpoena to appear in court as a witness, or a management<br />

adjusted work schedule. An <strong>employee</strong> is considered tardy if he or she reports to work (without<br />

obtaining permission from a supervisor) after his/her workday is scheduled to begin. More than five<br />

(5) incidents in a rolling 12-month period will result in discipline up to and including termination. Anyone<br />

who is absent for three consecutive days without notifying his or her supervisor will be considered<br />

to have abandoned their job and voluntarily quit. Further, a doctor’s note may be required for repeated<br />

absences or absences due to illness.<br />

Lunch Periods and Breaks<br />

Office <strong>employee</strong>s are provided a daily lunch break of between 30 and 60 minutes. You are urged to<br />

take the entire allotted time away from your workstation. During this lunch period, you are not to do<br />

any type of work unless authorized specifically by your supervisor. You may also take a fifteen (15)<br />

minute break in the first half of your shift and a fifteen (15) minute break in the second half of your<br />

shift for every four hours worked. Breaks may also be divided into two seven and one half (7 ½) minute<br />

breaks with your supervisor’s approval. However, keep in mind that these breaks are a privilege<br />

and must not be abused.<br />

Payday<br />

U.S. <strong>Xpress</strong> <strong>office</strong> <strong>employee</strong>s are paid bi-weekly on Friday. Pay advances or loans are not available.<br />

Please review your paycheck for errors. Paycheck information can be obtained on the Human Resources<br />

Web site by clicking on the Employee Self Service Center. Employees may also print a copy<br />

of their paycheck from this Web site. If you find a mistake, report it immediately. Your supervisor and<br />

the Payroll Department will assist you in correcting the error.<br />

Payroll Deductions<br />

U.S. <strong>Xpress</strong> is required to deduct Federal and State Withholding (Income Tax) from your paycheck.<br />

Your earnings, marital status and the number of dependents listed on your W-4 form determine the<br />

amount of your tax deduction. Each year you will also receive a W-2 Form showing your total earn-<br />

24 U.S. <strong>Xpress</strong>, Inc.


ings for the year and the amount of taxes withheld. The following additional deductions will be made<br />

from your check:<br />

• Federal and state taxes (if applicable)<br />

• Medicare and Social Security Tax (FICA)<br />

• Local taxes (if applicable)<br />

• Insurance Coverage (if elected)<br />

• 401(k) (if elected)<br />

• Flexible Spending Account (if elected)<br />

If you claim 10 or more dependents or exempt status, the Internal Revenue tax regulations require<br />

you to complete a new W-4 form by February 15 of each year. In addition, if you are a California<br />

resident, the state of California also requires you to complete a new state tax form. If we do not<br />

receive an updated tax form by February 15, we are required to change your withholding tax rate to a<br />

single rate with zero allowances.<br />

Improper Deductions<br />

U.S. <strong>Xpress</strong>, Inc. is committed to ensuring that only proper salary deductions are taken from <strong>employee</strong>s’<br />

wages. If at any time you believe that an improper salary deduction (e.g., pay reduction when<br />

absent from work for jury duty) has been taken, you may discuss this matter with your immediate<br />

supervisor or contact the Payroll Department at 1-800-251-6291. Any and all complaints will be fully<br />

investigated by the Payroll Department. If it is determined that the deduction was improperly taken<br />

from your wages, a reimbursement will be promptly made.<br />

Garnishments<br />

If a creditor obtains a garnishment on your earnings, U.S. <strong>Xpress</strong> is required by law to deduct the<br />

necessary payment from each paycheck until the debt is paid. If a garnishment is received, you will<br />

have until the date of the garnishment to obtain a release. U.S. <strong>Xpress</strong> prefers that you handle your<br />

financial affairs in such a manner that garnishment will not be necessary. Administration fees may<br />

apply.<br />

Resignation<br />

If you resign from the Company, we would appreciate at least a two-week notice of your resignation.<br />

This act of courtesy will be entered in your personnel record. Employees who resign with good employment<br />

records while with the Company may be considered for re-employment. If you accept other<br />

employment while on leave or scheduled time off, or you do not return to work on the next regularly<br />

scheduled work day following the expiration of an approved leave of absence or scheduled time off,<br />

you may be considered to have resigned.<br />

Please be aware that your benefits with U.S. <strong>Xpress</strong>, including your group health, dental, vision,<br />

life and disability coverage, cease at midnight on your last day of employment. You may be able to<br />

continue your health, dental, vision and or FSA coverage by electing COBRA coverage and you may<br />

be able to convert your life coverage to an individual policy. Please contact the plan administrator of<br />

these programs should you have any questions. You can also contact the Benefits Department at<br />

ext. 7510 or email at benefits@usxpress.com for further information.<br />

Involuntary Termination Policy<br />

The purpose of this policy is to detail the requirements that must be followed by management regarding<br />

involuntary terminations of employment. Supervisors must contact Human Resources before<br />

initiating any involuntary termination. These include: dismissal, layoff, or terminating any <strong>employee</strong><br />

who is absent on disability leave or receiving workers’ compensation benefits. All Company property<br />

must be returned to the supervisor on the last workday.<br />

Employee Handbook<br />

25


Examples of items that must be returned include, but are not limited to:<br />

• Identification cards, keys to buildings, vehicles, and equipment<br />

• Beepers, pagers, cellular telephones, and other communications equipment<br />

• Policy Manuals and other proprietary or confidential material including electronic<br />

copies or files<br />

• Correspondence (such as e-mail), files and records<br />

• Computers, software, documentation, supplies, and other computer-related materials<br />

• Uniforms and tools issued by the Company<br />

• Credit, telephone, and other cards.<br />

Supervisors are responsible for ensuring that all Company property is obtained from terminated <strong>employee</strong>s<br />

and that all financial obligations are satisfied. Upon termination, the supervisor must make<br />

appropriate arrangements to discontinue an <strong>employee</strong>’s password and/or access to all Company<br />

information systems. This may include but is not limited to financial, <strong>employee</strong>, departmental, local<br />

area networks, and e-mail accounts. It also includes building security system codes to which the<br />

terminated <strong>employee</strong> may have had access.<br />

Upon termination, all <strong>employee</strong>s will receive their final paycheck and information on continuing<br />

benefits in a timely fashion and in accordance with state and federal law. The terminating supervisor<br />

must complete an electronic Separation Notice which is located on the Human Resources Web site.<br />

Employees will be paid for unused, earned vacation time when terminating employment with the<br />

Company. No payment is made for unused personal or sick days unless required by state law.<br />

Exit Interview<br />

Human Resources will attempt to conduct an exit interview with an <strong>employee</strong> who leaves our company<br />

on a voluntary basis. The importance of this interview is to learn how the <strong>employee</strong> felt about<br />

U.S. <strong>Xpress</strong>, relevant likes or dislikes, etc. Employee feedback is essential in making U.S. <strong>Xpress</strong><br />

an employer of choice.<br />

Rehire of Employees<br />

Employees who voluntarily resign may reapply by completing a new application for employment. All<br />

re-hires need to complete the normal waiting periods for benefits. Rehired <strong>employee</strong>s must reapply<br />

for all benefits and wait the proper time for the onset of coverage.<br />

Vacation<br />

U.S. <strong>Xpress</strong> full-time <strong>employee</strong>s receive vacation time pursuant to the following schedule. Your vacation<br />

accrual is based on your anniversary date in reference to your date of hire.<br />

After 1 Year:<br />

After 2+ Years:<br />

After 7+ Years:<br />

After 10+ Years:<br />

40 hours<br />

80 hours<br />

120 hours<br />

160 hours<br />

Vacation time may be used within one year of being earned. This policy applies to all exempt and<br />

non-exempt <strong>employee</strong>s working a traditional work schedule. Non-traditional (three-day and four<br />

day work weeks) are discussed below. All vacation time must have your supervisor’s approval and<br />

must be scheduled two weeks prior to requested time off, except in cases of emergency. There is no<br />

carryover or payment for unused vacation time nor is there any payment of accrued vacation upon<br />

termination (either voluntary or involuntary). As a reminder, please note accrued and/or earned sick<br />

or personal days are not paid upon termination.<br />

26 U.S. <strong>Xpress</strong>, Inc.


California Employees: State law requires that <strong>employee</strong>s may roll over accrued, unused vacation<br />

hours. The maximum amount of time that a California <strong>employee</strong> may roll over is 200 unused earned<br />

or accrued hours per year. No more than 200 hours may be accrued at any time.<br />

Recording Vacation Time for an Exempt Salaried Worker on a Non-<br />

Traditional Shift<br />

One week of vacation for the <strong>employee</strong> on the four day or three day shift equates to four days or<br />

three days respectively. Employees who work four day shifts should use leave equivalent to the<br />

number of hours the <strong>employee</strong> is scheduled to work on the day they are absent. For example, if the<br />

salaried exempt worker is scheduled to work four 10 hour days per week, the <strong>employee</strong> should use<br />

10 hours for one day of leave. If the <strong>employee</strong> is scheduled for two 12 hour shifts and two 8 hours<br />

shifts, the <strong>employee</strong> would use 12 hours of leave if absent on the 12 hour day and 8 hours of leave<br />

if absent on the 8 hour day. If the salaried exempt worker is scheduled to work only three days per<br />

week, the <strong>employee</strong> should use 13.25 hours for one day of leave regardless of the number of hours<br />

the <strong>employee</strong> is scheduled to work per day.<br />

Recording Vacation Time for a Non-Exempt Salaried Worker on a Non-<br />

Traditional Shift<br />

One week of vacation for the <strong>employee</strong> on the four day or three day shift equates to four days or<br />

three days respectively. Employees who work four day shifts should use leave equivalent to the<br />

number of hours the <strong>employee</strong> is scheduled to work on the day they are absent. For example, if the<br />

salaried non-exempt worker is scheduled to work four 10 hour days per week, the <strong>employee</strong> should<br />

use 10 hours for one day of leave. If the <strong>employee</strong> is scheduled for two 12 hour shifts and two 8<br />

hours shifts, the <strong>employee</strong> would use 12 hours of leave if absent on the 12 hour day and 8 hours of<br />

leave if absent on the 8 hour day. If the salaried non-exempt worker is scheduled to work only three<br />

days per week, the <strong>employee</strong> should use 13.25 hours for one day of leave regardless of the number<br />

of hours the <strong>employee</strong> is scheduled to work per day.<br />

Holidays<br />

U.S. <strong>Xpress</strong> observes six (6) paid holidays each year. All regular, active, full-time <strong>employee</strong>s will<br />

receive holiday pay for the following days:<br />

• New Year’s Day<br />

• Memorial Day<br />

• Fourth Of July<br />

• Labor Day<br />

• Thanksgiving Day<br />

• Christmas Day<br />

Since U.S. <strong>Xpress</strong> is open 365 days a year, it may be necessary to substitute days for the above holidays.<br />

If so, you will be notified in advance by your supervisor. Eligible non-exempt <strong>employee</strong>s working<br />

a traditional work schedule will receive eight (8) hours of pay for each holiday not worked. Nonexempt<br />

<strong>employee</strong>s working a traditional schedule who work on a holiday will receive pay for actual<br />

hours worked plus the eight (8) hours holiday pay. For example, a non-exempt <strong>employee</strong> who works<br />

four (4) hours during a holiday will receive four (4) hours regular pay plus eight (8) hours holiday<br />

pay. If the observed holiday falls on a day that is not on the <strong>employee</strong>’s regular shift, the <strong>employee</strong><br />

will receive eight (8) hours holiday pay. For example, an <strong>employee</strong> works 10 hour shifts Wednesday<br />

through Saturday and the holiday falls on Monday, then the <strong>employee</strong> receives 40 hours worked and<br />

eight (8) hours holiday pay.<br />

Employee Handbook<br />

27


Employees who have been scheduled to work on a holiday and then fail to report or perform such<br />

work will not receive any pay for the holiday. To be eligible for holiday pay, <strong>employee</strong>s must work their<br />

regularly scheduled workday before and after the holiday, unless on approved time off. This policy<br />

applies to all exempt and non-exempt <strong>employee</strong>s working a traditional work schedule.<br />

Non-exempt <strong>employee</strong>s must record holiday hours and hours worked on a holiday on their timecards<br />

and/or timesheets. Non-exempt <strong>employee</strong>s that work non-traditional shifts will receive holiday pay<br />

for their shift plus regular pay for any hours worked. For example, if a non-exempt <strong>employee</strong> works<br />

four (4) ten-hour shifts per week, and the holiday falls on one of their workdays, that <strong>employee</strong> would<br />

receive ten (10) hours holiday pay plus regular pay for any hours worked.<br />

Exempt <strong>employee</strong>s who work during the holiday will receive their regular pay and will be given equivalent<br />

time off for the amount of time worked during the holiday. For example, if an exempt <strong>employee</strong><br />

works four (4) hours during a holiday, they will be given four (4) hours paid time off at a later date.<br />

Exempt <strong>employee</strong>s must record holiday hours on their timesheet.<br />

Contact the Compensation Department if you have any questions regarding how holiday and vacation<br />

hours should be recorded on your timesheet.<br />

For exempt <strong>employee</strong>s and those <strong>employee</strong>s on non-traditional shifts, below are examples of how<br />

holidays should taken or recorded on timecards if you are unable to take the holiday off. Please note<br />

that some exceptions may apply to Dedicated accounts.<br />

• If a salaried exempt <strong>employee</strong> works a holiday, the <strong>employee</strong> should receive an equivalent<br />

amount of time off with pay on a normal working day.<br />

• How should holiday time be provided to a salaried exempt worker when a holiday falls<br />

on a normal off day If a holiday falls on a normal off day for a salaried exempt <strong>employee</strong>,<br />

the <strong>employee</strong> should receive an equivalent amount of time off with pay on a normal<br />

working day. For traditional shift <strong>employee</strong>s, this is generally the Fridaproceeding the<br />

holiday or the Monday following the holiday. For nontraditional shift <strong>employee</strong>s, the<br />

equivalent amount of time off will be scheduled by management.<br />

• How should holiday time be provided to a salaried non-exempt <strong>employee</strong> on a non<br />

traditional shift when the <strong>employee</strong> works all or part of the holiday If the holiday falls<br />

on the <strong>employee</strong>’s normally scheduled shift and the <strong>employee</strong> works as scheduled, the<br />

<strong>employee</strong> should enter the normal hours worked and an equivalent number of holiday<br />

hours. For example if the <strong>employee</strong> is scheduled to work a 12 hour shift on a holiday,<br />

the non-exempt <strong>employee</strong> records 12 hours regular time and 12 hours of holiday pay If<br />

the <strong>employee</strong> is called in to work on a holiday that falls on the <strong>employee</strong>’s normal<br />

day off, the <strong>employee</strong> should record the actual number of hours worked for that day plus<br />

8 hours of holiday pay. For example, a non-exempt <strong>employee</strong> who works four(4) hours<br />

during a holiday will receive four (4) hours regular pay plus eight (8) hours holiday pay.<br />

Only time worked is counted toward computation of overtime according to the standards of<br />

the Fair Labor Standard’s Act.<br />

• How should holiday time be provided to a salaried non-exempt <strong>employee</strong> who officially<br />

requests not to work a holiday that would otherwise fall on the <strong>employee</strong>’s normal shift<br />

and receives official permission to take the day off The <strong>employee</strong> should enter<br />

holiday hours equivalent to the number of hours the <strong>employee</strong> was scheduled to work on<br />

the day they are absent. Please refer to the holiday section of the <strong>employee</strong> <strong>handbook</strong> for<br />

a description of the requirements to receive holiday pay.<br />

28 U.S. <strong>Xpress</strong>, Inc.


• How should holiday time be provided to a salaried non-exempt worker when a holiday<br />

falls on a normal off day If a holiday falls on a normal off day for a salaried non-exempt<br />

<strong>employee</strong>, the <strong>employee</strong> should receive an equivalent amount of time off with pay on a<br />

normal working day. For traditional shift <strong>employee</strong>s, this is generally the Friday proceeding<br />

the holiday or the Monday following the holiday. For non- traditional shift <strong>employee</strong>s, the<br />

equivalent amount of time off will be scheduled by management. If an equivalent amount<br />

of time off on a normal working day cannot be provided to the <strong>employee</strong>, due to business<br />

conditions, the <strong>employee</strong> shall receive an extra day’s pay to compensate for the holiday.<br />

Sick Days<br />

U.S. <strong>Xpress</strong> recognizes that inability to work because of sickness or injury may cause economic<br />

hardship. U.S. <strong>Xpress</strong> also recognizes that <strong>employee</strong>s may require time off to secure necessary<br />

treatment for illness. For these reasons, U.S. <strong>Xpress</strong> provides paid sick days to full-time <strong>employee</strong>s.<br />

After completing thirty (30) days of employment, eligible new <strong>employee</strong>s will begin to accrue sick<br />

days at the rate of eight (8) hours for every three months worked to a maximum of thirty-two (32)<br />

hours per year. Sick day(s) accrual renews each year as of January 1. Thereafter, <strong>employee</strong>s will<br />

receive sixteen (16) hours as of January 1 and an additional sixteen (16) hours on July 1.<br />

Sick time is to be used only when actually required to recover from illness or non work-related injury.<br />

Sick days will only be paid after they are accrued and will not be carried over from year to year.<br />

Exempt and Non-exempt <strong>employee</strong>s will not receive payment for unused sick days. Sick time will<br />

not be considered “hours worked” for the purposes of calculating overtime. Sick leave may be taken<br />

in no less than two (2) hour increments.<br />

Personal Days<br />

U.S. <strong>Xpress</strong> permits full-time <strong>employee</strong>s up to two (2) paid personal days off or the equivalent of sixteen<br />

(16) hours annually for personal business that cannot be taken care of outside normal business<br />

hours. It may also be used absences such as caring for a sick child, going to doctor appointments,<br />

or for inclement weather situations when you cannot make the drive to work. Employees may be<br />

granted additional time off for personal reasons without pay.<br />

After completing thirty (30) days of employment, eligible <strong>employee</strong>s begin to accrue personal days<br />

at the rate of 1.33 hours per month worked during the calendar year. Personal days will be paid and<br />

may be taken only after they have accrued. You must give your supervisor notice of your intent to<br />

take a personal day at least two (2) weeks prior to taking that day off, except in emergency situations.<br />

Your supervisor will consider workload priorities in determining whether or not to approve such<br />

requests. However, full consideration will be given to requests for holidays of religious significance<br />

where a reasonable accommodation is possible. Personal time may be taken in no less than two<br />

hour increments.<br />

Personal days will not be considered “hours worked” for the purposes of calculating overtime. There<br />

will be no carry over from year to year and there shall be no payment for unused personal days at<br />

the end of the calendar year except as may be required by state law.<br />

• How many hours of sick or personal time should an exempt salaried worker (on a nontraditional<br />

shift) place on their timesheet for one day off Sick and personal time is<br />

provided in hourly increments. Employees should use leave equivalent to the number of<br />

hours the <strong>employee</strong> is scheduled to work on the day they are absent.<br />

Employee Handbook<br />

29


• How many hours of sick or personal time should a non-exempt salaried worker place on<br />

their timesheet for one day off Sick and personal time is provided in hourly increments.<br />

Employees should use leave equivalent to the number of hours the <strong>employee</strong> is scheduled<br />

to work on the day they are absent.<br />

Bereavement Leave<br />

U.S. <strong>Xpress</strong> recognizes that there are times when <strong>employee</strong>s experience a death in their immediate<br />

family. Full-time <strong>employee</strong>s will be granted up to three days off from work with pay in the event<br />

of the death of their spouse, child, parent, or sibling; up to two days off in the event of the death of a<br />

grandchild or grandparent; and one day off in the event of the death of a father-in-law, mother-in-law,<br />

brother-in-law, or sister-in-law. Time off to attend funeral services of persons not mentioned above<br />

will be paid only if earned vacation or personal leave is available. If you need an extended period<br />

of time off, please contact your supervisor and/or Human Resources to request a leave of absence.<br />

Employees may be asked to turn in a funeral slip or documentation to Human Resources upon their<br />

return.<br />

Jury Duty<br />

The Company recognizes that it is the civic duty of every citizen to do his or her part when called for<br />

jury duty. If you are a full-time <strong>employee</strong> who is summoned to jury duty, you will be paid your regular<br />

straight time earnings. Reimbursement for jury duty will be limited to service performed Monday<br />

through Friday and will not exceed forty hours of compensation in any week. Jury duty paid by the<br />

court for <strong>employee</strong>s’ non-scheduled work days may be retained by the <strong>employee</strong>. Employees who<br />

are summoned for jury duty will be granted a leave of absence for the amount of time necessary<br />

to actually perform such duties. Insurance deductions will continue during this period at the normal<br />

rate. Employees are expected to return to work immediately following the conclusion of their duty.<br />

Employees summoned for jury duty must provide a copy of the summons to the Human Resources<br />

Department as soon as possible after receipt. At that time, <strong>employee</strong>s will be instructed as to the<br />

appropriate reporting procedure during leave and returning from leave. U.S. <strong>Xpress</strong> will make no<br />

attempt to have your service on a jury postponed except when business conditions necessitate such<br />

action.<br />

Time Off to Vote<br />

As required by law, all <strong>employee</strong>s are provided time off with pay to vote in city, county, state and national<br />

elections if it cannot be done outside of normal working hours. You must give your supervisor<br />

advance notice if you require time off to vote.<br />

Personal Leave of Absence<br />

Certain circumstances may arise which require a personal leave of absence. Consideration for<br />

leaves of absence for <strong>employee</strong>s will be made on an individual basis, taking into account the <strong>employee</strong>’s<br />

work record, attendance record, length of service, and the urgency of the request. The Human<br />

Resources Department must approve all personal leaves of absence. Each request should be<br />

directed to your supervisor in writing indicating the dates the leave will begin and end. Each request<br />

will be considered on its own merit.<br />

U.S. <strong>Xpress</strong> reserves the right to grant or deny all requests. When your request has been approved,<br />

your continuous service is not broken, providing you return to work at the time you have agreed to<br />

return or have been granted an extension. At the time of your request for personal leave, and at<br />

any time during your leave, please notify Human Resources if you have a disability and will require<br />

an accommodation to return to work. Human Resources will assess each accommodation request<br />

on an individual basis. All leaves unless specifically stated otherwise in writing, will be without pay.<br />

Vacation, sick and personal time will not accrue when an <strong>employee</strong> is on leave for more than 30<br />

30 U.S. <strong>Xpress</strong>, Inc.


days. Payment of insurance premiums remains the responsibility of the <strong>employee</strong> during a leave of<br />

absence. Therefore, <strong>employee</strong>s will be expected to pay the weekly premium cost in order for their<br />

insurance coverage to continue under our group plan. Failure of the <strong>employee</strong> to pay their insurance<br />

premiums will result in loss of coverage. If your insurance is cancelled for non-payment, you may<br />

be able to re-enroll upon your return from leave, provided you pay all premiums in arrears. Employees<br />

who desire to return from a personal leave of absence will be considered for their original job,<br />

if vacant, or others at the same level of responsibility as soon as such positions become available.<br />

Employees are required to check in with their supervisor weekly while on leave of absence and the<br />

day prior to their return date from leave of absence.<br />

Resignation While on Leave<br />

If an <strong>employee</strong> accepts other employment while on leave, or does not return to work on the next<br />

regularly scheduled workday following the expiration of the approved leave of absence, the <strong>employee</strong><br />

may be considered to have terminated employment.<br />

Military Leave<br />

U.S. <strong>Xpress</strong> complies with all rights and conditions of the Uniformed Services Employment and<br />

Reemployment Rights Act of 1994 (<strong>US</strong>ERRA). If you are called to active military or to Reserve or<br />

National Guard training, or you volunteer for same, you must notify your supervisor and submit copies<br />

of your military orders to your supervisor and the Human Resources Department as soon as possible.<br />

You will be granted military leave without pay for the period of military service in accordance<br />

with federal and state laws. If you are a reservist or a member of the National Guard, you are granted<br />

time off without pay for required military training.<br />

Employees on military leave for up to 30 days are required to return to work for the first regularly<br />

scheduled shift after the end of service, allowing reasonable travel time. Employees on longer military<br />

leave must apply for reinstatement in accordance with <strong>US</strong>ERRA and all applicable state laws.<br />

Employees returning from military leave for up to 30 days are placed in the position they would have<br />

attained had they remained continuously employed or a comparable position.<br />

Those returning from longer military leave are returned to positions depending on the length of military service<br />

in accordance with <strong>US</strong>ERRA. The returning <strong>employee</strong>s are treated as though they were continuously employed<br />

for purposes of determining those benefits, which are based on length of service.<br />

If the military leave is for an extended or indefinite period of time, the department may fill the position<br />

on a temporary or, possibly regular, basis, to be determined in conjunction with the Human Resources<br />

Department. You may elect to continue health plan coverage for yourself and dependents for<br />

up to 18 months. If your military service is 30 or fewer days, you will be required to pay your normal<br />

share of the premium. If your military service is 31 or more days, you will be required to elect COBRA<br />

and pay COBRA rates for continued coverage.<br />

See also the Family Medical Leave section for more additional information regarding military leave.<br />

Maternity Leave<br />

If you become pregnant, the Company encourages you to consult with your personal physician about<br />

the nature and physical requirements of your job. If you are unable to perform all of the essential<br />

functions of your position because of pregnancy, with or without accommodation, you will be required<br />

to take a leave of absence. You will be granted leave in accordance with the appropriate state law.<br />

Family and Medical Leave Act (FMLA) been employed by the Company for at least one year and<br />

worked 1,250 hours within that year.<br />

Please note that the Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers<br />

Employee Handbook<br />

31


and other entities covered by GINA Title II from requesting or requiring genetic information of <strong>employee</strong>s<br />

of their family members. In order to comply with this law, we are asking that you not provide<br />

any genetic information when responding to this request for medical information. “Genetic information,”<br />

as defined by GINA, includes an individual’s family medical history, the results of an individual’s<br />

family medical history, the results of an individual’s or family member’s genetic tests, the fact that an<br />

individual or an individual’s family member sought or received genetic services, and genetic information<br />

of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by<br />

an individual or family member receiving assistive reproductive services.<br />

Family and Medical Leave<br />

The Family and Medical Leave Act (FMLA) provides certain <strong>employee</strong>s with up to 12 weeks of unpaid,<br />

job-protected leave per year and requires employers to maintain group health benefits during<br />

the leave. The law also includes notice, certification, and record keeping requirements. In order to<br />

be eligible for Family and Medical Leave, you must have been employed by the Company for at least<br />

one year and worked 1,250 hours within that year.<br />

A covered employer must grant an eligible <strong>employee</strong> up to a total of 12 work weeks of unpaid leave<br />

during any 12-month period for one or more of the following reasons:<br />

• For the birth and care of the newborn child of the <strong>employee</strong>.<br />

• For placement with the <strong>employee</strong> of a son or daughter for adoption or foster care.<br />

• To care for an immediate family member (spouse, child, or parent) with a serious<br />

health condition.<br />

• To take medical leave when the <strong>employee</strong> is unable to work because of a serious<br />

health condition.<br />

• For any qualifying exigency (as the Secretary of Labor will, by regulation, determine)<br />

arising from the fact that a child, spouse, or parent of the <strong>employee</strong> is on active dut(or<br />

has been notified of an impending call or order to active duty) in the U.S. Armed<br />

Forces in support of a contingency operation.<br />

The FMLA also provides service member family leave. Under the service<br />

member family leave provisions, an eligible <strong>employee</strong> who is the spouse, child,<br />

parent, or next of kin of a covered service member who is recovering from a serious<br />

illness or injury sustained in the line of duty on active duty is entitled to 26 weeks of<br />

leave in a single 12-month period to care for the service member.<br />

The 12 weeks are figured on a rolling calendar year, meaning that eligibility is based on the 12<br />

months preceding the date of leave.<br />

FMLA is not compensated leave; however paid leave may be used concurrently with FMLA leave.<br />

Employees requiring FMLA leave should contact the Human Resources Department at 1-800-251-<br />

6291 x 3611. Please note that <strong>employee</strong>s requesting FMLA leave will be required to provide medical<br />

certification of their condition prior to taking leave.<br />

Employees should give at least thirty (30) days notice, or as soon as practical, if treatment starts in<br />

less than thirty (30) days. The leave coordinator will mail FMLA certification papers to the <strong>employee</strong><br />

immediately upon learning of the need for leave. Certification papers must be returned to work within<br />

15 days of receipt to the Human Resources Department. During the leave, the <strong>employee</strong> shall not<br />

accrue employment benefits such as retention pay, pension, etc.<br />

Please note that the Genetic Information Nondiscrimination Act of 2008 (GINA) prohibits employers<br />

and other entities covered by GINA Title II from requesting or requiring genetic information of <strong>employee</strong>s<br />

of their family members. In order to comply with this law, we are asking that you not provide<br />

any genetic information when responding to this request for medical information. “Genetic informa-<br />

32 U.S. <strong>Xpress</strong>, Inc.


tion,” as defined by GINA, includes an individual’s family medical history, the results of an individual’s<br />

family medical history, the results of an individual’s or family member’s genetic tests, the fact that an<br />

individual or an individual’s family member sought or received genetic services, and genetic information<br />

of a fetus carried by an individual or an individual’s family member or an embryo lawfully held by<br />

an individual or family member receiving assistive reproductive services.<br />

Arrangements will need to be made for <strong>employee</strong>s taking FMLA leave to pay their share of<br />

health insurance premiums. Failure by the <strong>employee</strong> to pay his/her insurance premiums will<br />

result in loss of coverage. You must contact the Benefits Department (1-800-670-1915) to<br />

make payment arrangements.<br />

An employer’s obligation to maintain health benefits under FMLA stops if and when an <strong>employee</strong><br />

informs the employer of an intent not to return to work at the end of the leave period,<br />

or if the <strong>employee</strong> fails to return to work when the FMLA leave entitlement is exhausted. The<br />

employer’s obligation also stops if the <strong>employee</strong>’s premium payment is more than 30 days<br />

late and the employer has given the <strong>employee</strong> written notice at least 15 days in advance advising<br />

that coverage will cease if payment is not received.<br />

In order to return to work, <strong>employee</strong>s must secure a doctor’s release indicating that they may return<br />

to work. If the physician places restrictions on an <strong>employee</strong>’s ability to return to work, Human<br />

Resources will work with the <strong>employee</strong> to evaluate whether or not the <strong>employee</strong> can return to their<br />

former job.<br />

For <strong>employee</strong>s who do not return after the maximum twelve (12) weeks of Family Medical Leave,<br />

employment will be terminated. The Company recognizes that it may sometimes be necessary for<br />

an <strong>employee</strong> to be out of work for more than 12 weeks to care for their own or a family member’s<br />

illness. However, due to the demands of the business, we are unable to hold positions open for<br />

longer than 12 weeks. If the <strong>employee</strong> is released to return to work and requests to do so, Human<br />

Resources will assist the <strong>employee</strong> in expediting the rehire process. However, the <strong>employee</strong> will be<br />

eligible for rehire only upon review of their record.<br />

Employee Handbook<br />

33


BENEFITS<br />

Insurance and Other Benefits<br />

U.S. <strong>Xpress</strong> offers a comprehensive benefits package that can be tailored to fit your needs. We offer<br />

major medical plans with prescription drug coverage, dental and vision insurance, voluntary life<br />

insurance and AD&D, short and long term disability, 401(k) plan, Employee Assistance Program, and<br />

IntelliNurse benefit. Complete information can be obtained on-line or by calling the Employee Benefits<br />

Department at 1-800-670-1915.<br />

HIPPA Privacy Regulations<br />

HIPAA NOTICE OF PRIVACY PRACTICES<br />

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE <strong>US</strong>ED AND<br />

DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE READ IT<br />

CAREFULLY.<br />

The Health Insurance Portability and Accountability Act of 1996 (HIPAA) imposes numerous requirements<br />

on employer health plans concerning the use and disclosure of protected health information.<br />

This portion of the Summary Plan Description is a Notice that describes the privacy practices of the<br />

Plan and your legal rights under HIPAA regarding your protected health information held by the Plan.<br />

Among other things, this Notice describes how your protected health information may be used or<br />

disclosed to carry out treatment, payment, or health care operations, or for any other purposes that<br />

are permitted or required by law. This notice applies to your medical (including prescription drug)<br />

benefits, dental benefits, vision benefits and medical reimbursement benefits under the Plan.<br />

How the Plan May Use Your Information:<br />

The Plan is permitted by law to use and disclose your personal medical information (called “Protected<br />

Health Information”) in certain ways without your authorization:<br />

For treatment: So that you receive appropriate treatment and care, the Plan may disclose your<br />

Protected Health Information to coordinate or manage your health care services. For example, the<br />

Plan might disclose information about your prior prescriptions to a pharmacist to determine if prior<br />

prescriptions would cause a problem with a new prescription.<br />

For payment: To make sure that claims are paid accurately and you receive the correct benefits, the<br />

Plan may use and disclose your Personal Health Information to determine plan eligibility and responsibility<br />

for coverage and benefits. For example, the Plan may use your information to confer with<br />

other health plans to resolve a coordination of benefits issue. The Plan may also use your Personal<br />

Health Information for utilization review activities.<br />

For health care operations: To ensure quality and efficient plan operations, the Plan may use your<br />

Personal Health Information in several ways, including plan administration, quality assessment and<br />

improvement, and vendor review. Your information could be used, for example, to assist in the evaluation<br />

of a vendor who supports the Plan. The Plan may contact you to provide information about<br />

treatment alternatives or other health-related benefits and services available under the Plan.<br />

The Plan may also disclose your Protected Health Information to U.S. <strong>Xpress</strong> Enterprises, Inc. (the<br />

plan sponsor) in connection with these activities and other plan administration activities.<br />

Employees in the following positions may have access to your protected health information for plan<br />

administration purposes: Benefits Department; Privacy Officer; Privacy Manager; Employee Relations<br />

Department; Vice President and Legal Counsel; and Vice President of Human Resources.<br />

34 U.S. <strong>Xpress</strong>, Inc.


If you are covered under an insured health plan, the insurer also may disclose Protected Health Information<br />

to the plan sponsor in connection with payment, treatment or health care operations.<br />

Other Permitted Uses and Disclosures: Federal regulations allow the Plan to use and disclose<br />

your Protected Health Information, without your authorization, for several additional purposes, in accordance<br />

with law:<br />

• Public health<br />

• Reporting and notification of abuse, neglect or domestic violence<br />

• Oversight activities of a health oversight agency<br />

• Judicial and administrative proceedings<br />

• Law enforcement<br />

• Research, as long as certain privacy-related standards are satisfied<br />

• To a coroner or medical examiner<br />

• To organ, eye or tissue donation programs<br />

• To avert a serious threat to health or safety<br />

• Specialized government functions (e.g., Military and veterans’ activities, national security<br />

and intelligence, federal protective services, medical suitability determinations, correctional<br />

institutions and other law enforcement custodial situations)<br />

• Workers’ compensation or similar programs established by law that provide benefits for workrelated<br />

injuries or illness<br />

• Other purposes required by law, provided that the use or disclosure is limited to the relevant<br />

requirements of such law<br />

In Special Situations: The Plan may disclose your Protected Health Information to a family member,<br />

relative, close personal friend, or any other person whom you identify, when that information is<br />

directly relevant to the person’s involvement with your care or payment related to your care. The<br />

Plan also may use your Protected Health Information to notify a family member, your personal representative,<br />

another person responsible for your care, or certain disaster relief agencies of your location,<br />

general condition, or death. If you are incapacitated, there is an emergency, or you otherwise<br />

do not have the opportunity to agree to or object to this use or disclosure, the Plan will do what in<br />

the administrator’s judgment is in your best interest regarding such disclosure and will disclose only<br />

information that is directly relevant to the person’s involvement with your health care. The Plan will<br />

make other uses and disclosures only after you authorize them in writing. You may revoke your authorization<br />

in writing at any time.<br />

Your Rights Regarding Protected Health Information:<br />

You have the right to:<br />

• Inspect and copy your Protected Health Information<br />

• Amend or correct inaccurate information<br />

• Receive an accounting of certain disclosures of your information made by the Plan.<br />

• However, you are not entitled to an accounting of several types of disclosures including, but<br />

not limited to:<br />

― Disclosures made for payment, treatment or health care operations<br />

― Disclosures you authorized in writing<br />

― Disclosures made before April 14, 2003.<br />

• Receive a paper copy of this notice, even if you agreed to receive it electronically.<br />

Right to Request Restrictions: You may ask the Plan to restrict how it uses and discloses your<br />

Protected Health Information as it carries out payment, treatment, or health care operations. You may<br />

also ask the Plan to restrict disclosures to your family members, relatives, friends, or other persons<br />

you identify who are involved in your care or payment for your care. However, the Plan is not required<br />

to agree to these requests.<br />

Employee Handbook<br />

35


Right to Request Confidential Communications: You may request to receive your Protected<br />

Health Information by alternative means or at an alternative location if you reasonably believe that<br />

other disclosure could pose a danger to you. For example, you may only want to have information<br />

sent by mail or to an address other than your home. For more information about exercising these<br />

rights, contact the <strong>office</strong> below.<br />

Complaints: If you believe that your privacy rights have been violated, you may file a written complaint<br />

without fear of reprisal. Direct your complaint to the <strong>office</strong> listed below under “Contacting Us”<br />

or to the Secretary of Health and Human Services, Hubert H. Humphrey Building, 200 Independence<br />

Avenue, SW, Washington, DC 20201.<br />

About this Notice: The Plan reserves the right to change the terms of this notice and to make<br />

the new notice provisions effective for all Protected Health Information it maintains. If this notice is<br />

changed, you will receive a new notice via mail.<br />

Contacting Us: You may exercise the rights described in this notice by contacting the U.S. <strong>Xpress</strong><br />

<strong>office</strong> identified below, which will provide you with additional information. The contact is:<br />

Amanda Thompson<br />

Director, Compensation & Benefits<br />

Human Resources Department<br />

(800) 251-6291 x 3491<br />

COBRA<br />

This section of the Handbook is your notice of continuation coverage rights under the Consolidated<br />

Omnibus Budget Reconciliation Act of 1985 (“COBRA”). COBRA continuation coverage can become<br />

available to you and to your spouse and dependent children, if they are covered under the Plan when<br />

you would otherwise lose your group health coverage. Under the Plan, COBRA continuation coverage<br />

rights apply to medical (including prescription drug), vision and dental benefits and also apply on<br />

a limited basis to medical reimbursement benefits. COBRA continuation coverage is a continuation<br />

of Plan coverage when coverage would otherwise end because of a life event known as a “qualifying<br />

event.” Specific qualifying events are listed later in this notice. COBRA continuation coverage must<br />

be offered to each person who is a “qualified beneficiary.” A qualified beneficiary is someone who<br />

will lose coverage under the Plan because of a qualifying event. Depending on the type of qualifying<br />

event, <strong>employee</strong>s, spouses of <strong>employee</strong>s, and dependent children of <strong>employee</strong>s may be qualified<br />

beneficiaries. Under the Plan, qualified beneficiaries who elect COBRA continuation coverage must<br />

pay for COBRA continuation coverage.<br />

If you are an <strong>employee</strong> covered under the Plan, you have a right to choose this continuation coverage<br />

if you lose your group health coverage because of a reduction in your hours of employment<br />

or the termination of your employment (for reasons other than gross misconduct on your part). If<br />

you are the spouse of an <strong>employee</strong> covered by the Plan, you have the right to choose continuation<br />

coverage for yourself if you lose group health coverage under the Plan for any of the following four<br />

reasons:<br />

1. The death of your spouse;<br />

2. A termination of your spouse’s employment (for reasons other than gross misconduct)<br />

or a reduction in your spouse’s hours of employment;<br />

3. Divorce or legal separation from your spouse; or<br />

4. Your spouse becomes entitled to Medicare.<br />

36 U.S. <strong>Xpress</strong>, Inc.


In the case of a dependent child of an <strong>employee</strong> covered by the Plan, he or she has the right to<br />

continuation coverage if group health coverage under the Plan is lost for any of the following five<br />

reasons:<br />

1. The death of a parent;<br />

2. A termination of a parent’s employment (for reasons other than gross misconduct) or<br />

reduction in a parent’s hours of employment;<br />

3. Parent’s divorce or legal separation;<br />

4. A parent becomes entitled to Medicare; or<br />

5. The dependent child ceases to be a “dependent child” under the U.S. <strong>Xpress</strong>, Inc.<br />

Employee Benefit Plan<br />

Furthermore, a child born to, or placed for adoption with, the covered <strong>employee</strong> during the period of<br />

continuation coverage may also become covered as a qualified beneficiary.<br />

Under the law, the <strong>employee</strong> or a family member has the responsibility to inform the Plan Administrator<br />

of a divorce, legal separation, or a child losing dependent status under the Plan within 60 days of<br />

the date of the event or the date in which coverage would end under the Plan because of the event,<br />

whichever is later. The Company has the responsibility to notify the Plan Administrator of the <strong>employee</strong>’s<br />

death, termination, and reduction in hours of employment or Medicare entitlement.<br />

When the Plan Administrator is notified that one of these events has happened, the Plan Administrator<br />

will in turn notify you that you have the right to choose continuation coverage. Under the law, you<br />

have at least 60 days from the date you would lose coverage because of one of the events described<br />

above, or the date notice of your election rights is sent to you, whichever is later, to inform the Plan<br />

Administrator that you want continuation coverage. If you do not choose continuation coverage, your<br />

group health insurance coverage will end. Also, if you do not become re-employed within 63 days of<br />

your termination of employment, and you have not chosen continuation coverage, you may lose prior<br />

coverage credit toward pre-existing condition limitation periods when you next become insured.<br />

If you choose continuation coverage, the Company is required to give you coverage which, as of the<br />

time coverage is being provided, is similar to the coverage provided under the plan to similarly situated<br />

<strong>employee</strong>s or family members. The law requires that you be afforded the opportunity to maintain<br />

continuation coverage for 36 months unless you lost group health coverage because of a termination<br />

of employment or reduction in hours. In that case, the required continuation coverage period is<br />

18 months. This18 months may be extended to 36 months if other events (such as a death, divorce,<br />

legal separation, or Medicare entitlement) occur during that 18-month period. If a second qualifying<br />

event occurs, you must make sure that the Plan Administrator is notified of the second qualifying<br />

event within 60 days of the second qualifying event. Continuation coverage for medical reimbursement<br />

benefits is only available through the end of the Plan Year in which the qualifying event occurs.<br />

The 18 months may be extended to 29 months for an individual, and his/her qualified dependents, if<br />

the individual is determined to be disabled (for Social Security disability purposes) at the time of the<br />

qualifying event or at any time during the first 60 days of continuation coverage, and the Plan Administrator<br />

is notified of that determination within 60 days of the date of the determination and before the<br />

end of the 18month period. The affected individual must also notify the Plan Administrator within 30<br />

days of any final determination that the individual is no longer disabled. In no event will continuation<br />

coverage last beyond 3 years from the date of the event that originally made a qualified beneficiary<br />

eligible to elect coverage.<br />

Employee Handbook<br />

37


However, the law also provides that your continuation coverage may be terminated before the end of<br />

the maximum period for any of the following five reasons:<br />

1. The Company no longer provides group health coverage to any of its<br />

<strong>employee</strong>s;<br />

2. You do not pay the premium for your continuation coverage on time;<br />

3. You become covered under another group health plan after the date of your<br />

COBRA election, unless that plan contains any exclusions or limitations with<br />

respect to any pre-existing conditions you or your covered dependents may<br />

have;<br />

4. You become entitled to Medicare after the date of your COBRA election; or<br />

5. You extended coverage for up to 29 months due to your disability and there has<br />

been a final determination that you are no longer disabled.<br />

You do not have to show that you are insurable to choose continuation coverage.<br />

Effective Date of Coverage<br />

The effective dates for your coverage in the Company’s benefit plans are as follows:<br />

Prepays<br />

1st of the month following 60 days<br />

Medical<br />

1st of the month following 90 days<br />

Dental<br />

1st of the month following 90 days<br />

Vision<br />

1st of the month following 90 days<br />

FSA<br />

1st of the month following 90 days<br />

Short Term Disability 1st of the month following 90 days<br />

Long Term Disability 1st of the month following 90 days<br />

Basic Life<br />

1st of the month following 90 days<br />

Supplemental Life 1st of the month following 90 days<br />

401(k)<br />

1st of the month following 6 months<br />

In order to receive benefits, you must enroll within 30 days of your hire date. If you have<br />

not enrolled within the 30-day deadline, you must wait until the next annual open enrollment<br />

period to enroll, unless you have a qualifying event as defined by the Internal Revenue<br />

Service.<br />

Coverage Termination Date<br />

Coverage will terminate at midnight on the day the <strong>employee</strong> terminates. However, COBRA will be<br />

offered, if applicable, on medical, vision, flexible spending accounts, and dental insurance only. The<br />

Company provided life benefit, along with the voluntary life benefit, may be ported or converted to an<br />

individual policy with Reliance Standard Life Insurance Company upon termination of employment.<br />

Contact the Employee Benefits Department at (1-800-670-1915) to request a conversion/portability<br />

form no later than 30 days after termination.<br />

Internal Revenue Service (IRS) Regulations<br />

Because your premiums for major medical, dental, flexible spending, and vision coverage are not<br />

taxed, the IRS requires that U.S. <strong>Xpress</strong> follow certain rules in administering these plans. If you<br />

purchase benefits, you cannot make any changes until the next annual enrollment. The only time<br />

<strong>employee</strong>s are permitted to enroll or change their benefits outside of the annual enrollment are when<br />

“qualifying events” occur such as the following:<br />

1. Change in marital status (marriage, divorce).<br />

2. Change in employment status (full-time to part-time).<br />

38 U.S. <strong>Xpress</strong>, Inc.


3. Death, birth, or adoption.<br />

4. Change in the number of dependents.<br />

5. Change in spouse’s health care coverage.<br />

You have only 30 days to notify the Benefits Department after a qualifying event that changes your<br />

coverage needs. If you wait more than 30 days, you will not be able to make a change until the next<br />

annual enrollment.<br />

Evaluating Your Benefit Needs<br />

To ensure that you choose the plan that is best for your needs, consider the following:<br />

1. Weekly contributions for the plan that are deducted from your pay.<br />

2. Annual deductible for the plan.<br />

3. Annual out-of-pocket maximum.<br />

4. Whether or not your doctors/pharmacies/facilities are in the network.<br />

Be careful not to overspend for coverage that you may not utilize. Also remember that costs are<br />

given in weekly deduction amounts.<br />

Pre-Existing Conditions<br />

The pre-existing condition waiting period, if applicable, would be the 12-month period beginning on<br />

the date you were hired, during which benefits are not available for services received in connection<br />

with a pre-existing condition. If you are a late enrollee, this period can extend to 18 months.<br />

The pre-existing waiting period could be reduced by the period of creditable coverage, provided there<br />

is no break of 63 days or more during which you were not covered under any creditable coverage.<br />

Certificates of Creditable Coverage<br />

The U.S. <strong>Xpress</strong> Major Medical plan contains a pre-existing condition exclusion, which may limit your<br />

coverage. The pre-existing exclusion period for any pre-existing condition will be reduced by the<br />

total amount of time you were covered by similar creditable health coverage, unless your coverage<br />

was interrupted for more than 63 days. Periods of similar creditable health coverage prior to a break<br />

in coverage of 63 days or more shall not be deducted from the pre-existing condition waiting period.<br />

Any period of time you had to wait to be eligible under an employer’s plan is not considered an interruption<br />

of coverage.<br />

You have the right to demonstrate the amount of creditable coverage you have, including any waiting<br />

periods that were applied before you became eligible for your coverage. For any period after<br />

July 1, 1996, you can ask a plan sponsor or health insurer to provide you with a “certification form”<br />

documenting the periods during which you had health benefit coverage. If you are having trouble<br />

obtaining documentation of your prior creditable coverage, you may contact the plan for assistance in<br />

obtaining documentation of prior creditable coverage from any prior plan or issuer.<br />

Co-Pays<br />

Depending on the coverage you choose, you may have co-pay for <strong>office</strong> visits, outpatient services,<br />

and prescription drugs. This co-pay is the full amount you will be required to pay for these services.<br />

These amounts are not credited to your annual deductible or out-of-pocket expenses.<br />

Deductibles<br />

You have both a deductible and a maximum out-of-pocket expense that you will be required to<br />

Employee Handbook<br />

39


pay for medical services in the calendar year. Until your medical expenses reach your deductible<br />

amount, you will have to pay all of your medical bills. After you reach your deductible, a percentage<br />

of any subsequent medical bills will be paid by the medical coverage plan – you will have to pay the<br />

difference. If the total amount you have had to pay in the calendar year (your deductible plus your<br />

portion of the subsequent bills) reaches or exceeds the maximum out-of-pocket expense, the medical<br />

coverage plan will then pay 100% of all subsequent bills. Visits to an in-network physician are not<br />

subject to a deductible—you pay only an <strong>office</strong> visit co-payment.<br />

Mastectomy Coverage<br />

Patients who undergo a mastectomy and who elect breast reconstruction in connection with the mastectomy<br />

are entitled to coverage for the following:<br />

1. Reconstruction of the breast on which the mastectomy was performed;<br />

2. Surgery and reconstruction of the other breast to produce a symmetrical<br />

appearance; and<br />

3. Prostheses and treatment of physical complications at all stages of the<br />

mastec tomy, including lymphodemas.<br />

in a manner determined in consultation with the attending physician and patient.<br />

The coverage may be subject to coinsurance and deductibles consistent with those established for<br />

other benefits. Please refer to the Covered Services section of the Evidence of Coverage document<br />

for details.<br />

Maternity and Newborn Coverage<br />

Your plan provides maternity and newborn infant coverage. Federal law generally prohibits this plan<br />

from restricting benefits for any hospital length of stay in connection with childbirth for the mother or<br />

newborn child to less than 48 hours following a normal vaginal delivery, or less than 96 hours following<br />

a cesarean section.<br />

Federal law also generally prohibits the plan from requiring that a provider obtain authorization to<br />

prescribe a length of stay in excess of the above periods. Please refer to the Covered Services section<br />

of the Evidence of Coverage document for details.<br />

Xpre$$Savings 401(k) Plan<br />

The Xpre$$Savings 401(k) plan is an excellent way to save for your retirement. Employees are<br />

eligible to participate in the plan after six continuous months of service and attainment of age 18.<br />

Participating <strong>employee</strong>s can defer up to 75% of pay (pre-tax) not to exceed annual IRS maximums.<br />

Employees can pick from different funds that feature various levels of risk and return. To enroll,<br />

call (1-888-NROLL-123). To make changes to your account, or to obtain a loan or distribution, call<br />

(1-800-755-5801).<br />

Employee Assistance Program (EAP)<br />

U.S. <strong>Xpress</strong> provides a Company paid EAP to <strong>employee</strong>s and their families. The EAP is a confidential<br />

counseling, education and referral service through Health Management Systems of America. The<br />

EAP offers confidential consultation for a broad range of personal issues such as depression, alcohol<br />

and drug abuse, relationship concerns, parenting issues, grief over the loss of a loved one, stress<br />

and many others.<br />

The EAP hotline number, available 24 hours a day, 7 days a week is (800-767-5320). The EAP can<br />

help you deal with life’s every day problems.<br />

40 U.S. <strong>Xpress</strong>, Inc.


On Call International Travel Assistance Program<br />

On Call InternationalTravel Assistance Program is a benefit that provides emergency medical services<br />

to travelers. If you or a dependent are away from home (even out of the United States) and a<br />

medical emergency arises, finding medical care is a single phone call away. This assistance also<br />

includes locating lost luggage. You are eligible for the Travel Assistance Program once you have<br />

completed ninety (90) days of employment. The toll-free number when traveling within the U.S. is<br />

(800-456-3893). When traveling outside the U.S., call (954-389-5400).<br />

CollegeAmerica Savings Plan<br />

CollegeAmerica is a 529 college savings plan sponsored by the Virginia College Savings Plan and<br />

is available in all states. The following are some of the benefits offered through the CollegeAmerica<br />

Savings program:<br />

1. Your earnings can grow tax-free, allowing you to save more.<br />

2. Deductions are taken automatically from your checking or savings account.<br />

3. As part of an employer-sponsored group program, you invest with no sales<br />

charge and have low expenses.<br />

4. You can open an account for anyone, i.e. child, grandchild, spouse or<br />

even yourself.<br />

Perhaps the best news is that CollegeAmerica offers you 21 individual American Funds. You can<br />

invest in one fund or a combination of funds to design a college savings program that meets your<br />

specific time frame and tolerance for risk. American Funds is one of the oldest, largest and most<br />

widely respected mutual fund families in the United States. For more information call (877-770-0009)<br />

toll free or email your questions to Tony D’Andrea Jr., CPA at tony.dandrea@raymondjames.com.<br />

Withdrawals for qualified higher education expenses are free from federal income tax through 2010<br />

unless extended by Congress.<br />

Tuition Assistance Program<br />

U.S. <strong>Xpress</strong> and its subsidiaries are committed to the need for the continued professional growth and<br />

development of its <strong>employee</strong>s. As evidence of its commitment to academic achievement and professional<br />

development, U.S. <strong>Xpress</strong> encourages <strong>employee</strong>s to continue to obtain skills, knowledge and<br />

abilities that may increase efficiency and improve their opportunities for career advancement with the<br />

Company.<br />

The Tuition Assistance Program (administered by the Human Resources Department 800-251-6291<br />

x3534) is designed to foster the professional growth and development of the Company’s full-time <strong>employee</strong>s.<br />

The Company will provide tuition assistance to any full-time <strong>employee</strong> for work-related courses,<br />

courses toward the obtainment of a business or transportation degree, or classes that are of direct<br />

benefit to the <strong>employee</strong>’s job performance, provided all eligibility requirements have been met.<br />

Assistance will be provided for tuition and mandatory fees associated with educational requirements,<br />

less any applicable taxes, GI Bills, scholarships or grant monies received. A maximum of two<br />

courses or a maximum of 6 hours per semester will be reimbursed, not to exceed $2,500 per calendar<br />

year for an undergraduate degree or a certification program and $3,000 per calendar year for a<br />

graduate degree. Reimbursement will be made for books.<br />

Employee Handbook<br />

41


Employees must sign a statement agreeing to work for U.S. <strong>Xpress</strong> or one of its subsidiaries for a<br />

minimum of one year following reimbursement of tuition or the <strong>employee</strong> will be required to repay<br />

reimbursement monies.<br />

In order to be eligible, <strong>employee</strong>s must fulfill all of the following requirements:<br />

• Be a full-time <strong>employee</strong>;<br />

• Be employed with U.S. <strong>Xpress</strong> or one of its subsidiaries for a minimum of six months<br />

prior to the enrollment in a course and remain employed for a minimum of one year<br />

following completion of the course;<br />

• Receive an A or a B in the course; and<br />

• Submit the Tuition Assistance authorization paperwork to the Human Resources Department<br />

prior to the start of the class.<br />

Human Resources Web Site<br />

U.S. <strong>Xpress</strong> provides a Human Resources web site in order to help answer your questions around<br />

the clock. The web site is available 24 hours a day, just click on HR Access. First time users accessing<br />

this web site will be required to register using a social security number. After entering your<br />

social security number, you will enter a confidential user name and password (of your choice). Employees<br />

using this web site will find answers to many questions and access to forms at the click of a<br />

mouse. Highlights available on the web site include:<br />

• Self Service Portal which allows access to change your emergency contact informa<br />

tion, review and edit your benefit elections, view and update your tax information and<br />

view your paychecks.<br />

• Benefits Center, which puts <strong>employee</strong>s in touch with benefit providers and provides<br />

key information on all benefit plans. You can perform a nationwide search for doctors,<br />

hospitals and pharmacies that are in the BlueCross BlueShield and Medco network.<br />

Choose PPO network when conducting the search for a provider for BlueCross. You<br />

can also perform a nationwide search for dentists that are in the Delta Dental network.<br />

• A 401(k) Xpre$$avings plan line with access to the plan summary and link to Diver<br />

sified’s Web site, allowing you the ability to enroll, obtain a loan, check your balance,<br />

change your deferral election or make investment changes.<br />

• A link to the Employee Assistance Program (EAP) with click-on access to the Health<br />

Management Systems of America EAP Web site. Once the registration process is<br />

completed (steps are provided to guide you through this process), you will have the abil<br />

ity to access a wealth of information to include self-improvement programs and a search<br />

engine providing articles on hundreds of topics such as depression, marital issues, par<br />

enting, elder care, and legal to name a few.<br />

You can also access this important benefit by calling (1-800-767-5320) or logging<br />

on to http://www.my-life-resources.com.<br />

The user name is hmsa (all lower case) and<br />

The password is: myresource (all lower case)<br />

• A Human Resources Forms Directory link providing access to the most commonly<br />

used employment forms. For example, forms are provided for all states requiring<br />

income tax withholding. Information regarding where to send the forms is included in<br />

this link.<br />

42 U.S. <strong>Xpress</strong>, Inc.


The majority of the forms and benefit summaries are in Adobe Acrobat format. If your computer does<br />

not have Adobe Acrobat, simply go to the home page and select “Click here to download Adobe<br />

Acrobat Reader” to download this free software. In addition, you may also contact the Human<br />

Resources Department during regular business hours from 8:00 a.m. to 5:00 p.m. Monday through<br />

Friday for assistance.<br />

Employee Handbook<br />

43

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