Additional Zen Policies

Contact with the Media

To ensure that Zen communicates with the media in a consistent, timely and professional manner about matters related to Zen, employees should notify their Account Manager that they have been contacted by the media whenever they are asked to speak on behalf of Zen so that Zen knows that a media inquiry has been made. Do not respond to media inquiries on Zen’s behalf without authorization. This rule does not prevent employees from speaking with the media, but employees should not attempt to speak on behalf of Zen unless they have specifically been authorized to do so by an officer of Zen.

No Solicitation/Distribution of Literature

Zen has established the following rules applicable to all Educators that govern solicitation, distribution of written material and access to School property:

Employees may engage in solicitation activities only during nonworking times. No employee may engage in solicitation during their own working time or during the working time of the employee or the employees at whom such activity is directed;
Employees may distribute or circulate any written or printed material only in non-work areas, during nonworking times. No employee may distribute or circulate any written or printed material in work areas at any time, or during their own working time or the working time of the employee or employees at whom such activity is directed;
Off-duty employees are not permitted in work areas.

Strict compliance with these rules is required.

As used in this policy, “working time” includes all time for which an employee is expected to be performing services for Zen; it does not include periods during which an employee legitimately is not performing services, such as during break periods, meal periods, or before or after scheduled work periods.

Confidential Company Information

In your work with Zen, you will work alongside staff from our client-schools, and potentially from staffing firms. As an employee of Zen, it is important that you help us retain the confidential and proprietary information that is vital to our success. Every educator should use all reasonable care to protect or otherwise prevent the unauthorized disclosure of such information.

In no event should employees disclose or reveal confidential information within or outside Zen without proper authorization or purpose.

“Confidential Information” refers to a piece of information, or a compilation of information, in any form (on paper, in an electronic file, or otherwise), related to Zen’s business that Zen has not made public or authorized to be made public, and that is not generally known to the public through proper means.

By way of example, confidential or proprietary information includes, but is not limited to, nonpublic information regarding Zen’s business methods and plans, databases, systems, technology, intellectual property, know-how, marketing plans, business development, products, services, research, development, inventions, financial statements, financial projections, financing methods, pricing strategies, customer sources, employee health/medical records, system designs, customer lists and methods of competing.

Confidential Information does not include information lawfully acquired by non-management employees about wages, hours, benefits, or other terms and conditions of employment, if used by them for purposes protected by Section 7 of the National Labor Relations Act such as: communicating with others; self-organizing; joining, forming or assisting labor organizations; bargaining collectively through representatives of the employees’ choosing; engaging in other concerted activity for collective bargaining or other mutual aid or protection; refraining from engaging in such activities; or any other conduct protected by Section 7 of the National Labor Relations Act.

Confidential Information also does not include: conduct that was, or that an employee reasonably believes to be, illegal; conduct that is recognized as against a clear mandate of public policy; or the existence of a non-confidential settlement involving any such conduct. Nothing in this Employee Handbook prohibits an employee from communicating with any governmental authority or making a report in good faith and with a reasonable belief of any violations of law or regulation to a governmental authority, or disclosing Confidential Information which the employee acquired through lawful means in the course of employment to a governmental authority in connection with any communication or report, or from filing, testifying or participating in a legal proceeding relating to any violations, including making other disclosures protected or required by any whistleblower law or regulation to the Securities and Exchange Commission, the Department of Labor, or any other appropriate government authority.

Further, employees are hereby notified that under the 2016 Defend Trade Secrets Act (DTSA): (1) no individual will be held criminally or civilly liable under Federal or State trade secret law for the disclosure of a trade secret (as defined in the Economic Espionage Act) that: (A) is made in confidence to a Federal, State, or local government official, either directly or indirectly, or to an attorney; and made solely for the purpose of reporting or investigating a suspected violation of law; or, (B) is made in a complaint or other document filed in a lawsuit or other proceeding, if such filing is made under seal so that it is not made public; and, (2) an individual who pursues a lawsuit for retaliation by an employer for reporting a suspected violation of the law may disclose the trade secret to the attorney of the individual and use the trade secret information in the court or arbitration proceeding, if the individual files any document containing the trade secret under seal, and does not disclose the trade secret, except as permitted by order in that proceeding.

Conflicts of Interest

While we acknowledge that employees may have pursuits separate from their work at Zen, such endeavours cannot compete with or conflict with an employee’s job duties and responsibilities at Zen. All employees must conduct themselves in such a way as to avoid actual or potential conflicts of interest, as set out in this policy. To further explain an employee’s obligations to avoid conflicts of interest, a conflict of interest may arise, for instance, when an employee has a financial or other interest that could interfere with the employee’s job duties with Zen or when an employee uses their position with Zen for personal gain. Each employee of Zen is required to ensure that they and their family members do not improperly benefit personally from the employee’s position as an employee for Zen.

The following are examples of prohibited conflicts of interest in any aspect of an employee’s job:

Acting as a director, officer, consultant, agent or employee of a supplier, customer, competitor or other business entity that engages in business with Zen;
Owning a material interest in or being a creditor of or having other financial interest in a supplier, customer, competitor or other business entity that engages in business with Zen;
Receiving from or giving to any supplier, customer or competitor gifts, gratuities, special allowances, discounts or other advantages not generally available to employees of Zen;
Having any significant direct or indirect personal interest in a business transaction involving Zen;
Conducting outside activities that materially detract from or interfere with the full and timely performance of an employee's job duties for Zen;
Influencing commercial transactions involving purchases, contracts or leases in a way that would have a negative impact on Zen or its business.

If an employee finds they have or are considering the assumption of a financial interest, outside employment relationship or other activity that might involve a conflict of interest as discussed in this policy, or if an employee is in doubt as to whether any conduct or activity may constitute a conflict of interest, the employee must promptly discuss the matter with Zen’s US Compliance Team and refrain from exercising responsibility on Zen’s behalf in any manner that might reasonably be considered to be a conflict of interest or affected by any adverse interest. If the matter is deemed to be a conflict of interest, the affected employee shall withdraw from the matter.

Failure to disclose a conflict or potential conflict of interest is a violation of this policy and may lead to disciplinary action, up to and including termination of employment.

This policy in no way prohibits employee affiliations or activities that are protected under applicable state and federal laws, including but not limited to any activity that is protected under Section 7 of the National Labor Relations Act. including the right to communicate with others concerning wages, hours, benefits, and other terms or conditions of employment; to self-organize, form, join or assist labor organizations; to bargain collectively through representatives of the employees’ choosing; to engage in other concerted activities for the purpose of collective bargaining or other mutual aid or protection; or to refrain from engaging in such activities.

Outside Employment

While Zen does not prohibit employees from holding other jobs, the following types of outside employment are generally prohibited (to the extent allowed under applicable law):

Employment that conflicts with the employee's work schedule, job duties and responsibilities to Zen or creates an actual conflict of interest, as set out in the Conflicts of Interest policy;
Employment that impairs or has a detrimental effect on the employee's work performance with Zen;
Employment that requires employees to conduct work or related activities during working time for Zen; and
Employment that directly or indirectly competes with the business or the interests of Zen.

For the purposes of this policy, self-employment is considered outside employment.

Zen will not assume any responsibility for employees’ outside employment. Specifically, Zen will not provide workers’ compensation coverage or any other benefit for injuries occurring from, or arising out of, such outside employment.

Relationships and Employment of Relatives

In order to avoid potential conflicts of interest, favoritism, or illegal harassment, employees are prohibited from being a relative of another employee or engaging in a romantic or dating relationship (whether formal or informal) with a subordinate or an employee over whom the supervisor may have any influence concerning the employee’s pay, benefits, job duties, performance evaluation, promotion, transfer, hiring, discipline, assignments, or other terms and conditions of employment (“prohibited situation”). In addition, Zen will not hire or place an individual who is in a romantic or dating relationship (whether formal or informal) with another employee when a prohibited situation would arise.

If such a relationship occurs or exists, or if an individual is applying for a position that would create a prohibited situation, both the involved supervisor and the involved employee/applicant must report the relationship to Zen US Support Team immediately, who will escalate it to the Zen US Compliance Team. Additionally, both individuals are required to take steps to resolve any actual or potential conflict of interest or impropriety created by the relationship.

Appropriate steps will be taken consistent with this policy in the sole discretion of Zen. This may include, but is not limited to, adjusting or the removal of any reporting relationship between the supervisor and the employee or termination of employment. Zen reserves the right to take whatever action is necessary in its discretion to address the matter.

In addition, Zen will consider relative, romantic, or dating relationships when they affect an employee's job performance, occur during working time or on Company premises, or pose a conflict of interest or danger of a conflict of interest, even when a supervisory/subordinate relationship does not exist between the employees. Where such a situation occurs, the parties may be separated by reassignment or terminated from employment, at the discretion of Zen. Zen reserves the right to take whatever action is necessary in its discretion to address the matter.

All employees must avoid romantic or dating relationships with other employees that create conflicts of interest, potential sexual harassment complaints, or discord or distractions that interfere with the employees’ productivity.

For purposes of this policy, the term romantic or dating relationship includes, but is not limited to, casual or serious dating, casual sexual involvement, cohabitation and any other conduct or behavior normally associated with romantic, dating or sexual relationships. The term “relative” includes individuals related by blood or marriage or whose relationship with the employee is similar to that of persons who are related by blood or marriage (e.g., domestic partnership or civil union status). Current employees who marry will be permitted to continue working in the job position held only if they do not work in a direct supervisory relationship with one another or in job positions that present a conflict of interest or danger of conflict of interest.

Employees who violate this policy, including the reporting requirement, will be subject to disciplinary action up to and including termination of employment.

In addition, Zen will consider relative relationships when they affect an employee's job performance, even when a supervisory/subordinate relationship or conflict does not exist between the employees. Zen reserves the right to take whatever action is necessary to resolve the matter.