Incorporation of Fair Labor Association Code of Conduct
Spirit is a member of the Fair Labor Association (“FLA”) and has adopted the FLA Workplace Code of Conduct; it is incorporated into this Spirit Code of Conduct (the “Code”), by reference.
Spirit will comply with all applicable local, state, and federal laws, rules, and regulations of employment that respect workers and, at a minimum, safeguard their rights under all such applicable laws and regulations. Spirit requires that its manufacturer, contractors, and suppliers comply with the same practices.
Freedom from Discrimination
Spirit is committed to equal employment opportunity. Spirit will not discriminate against employees or applicants for employment, including hiring, compensation, advancement, discipline, termination or retirement, on any legally recognized basis including, but not limited to: race; gender; color; religion; genetic information; national origin; sex; sexual orientation; pregnancy, childbirth, or related medical conditions; age; disability; citizenship status; nationality; uniform service member status; political opinion, social group; ethnic origin or any other protected class under federal, state, or local law.
Freedom from Abuse and/or Harassment
Spirit is committed to providing a work environment that is free of unlawful harassment, discrimination, abuse, and retaliation. In furtherance of this commitment, Spirit strictly prohibits all forms of unlawful discrimination, abuse and harassment, including: discrimination or harassment on the basis of race, religious creed, color, national origin, ancestry, physical disability, mental disability, protected medical condition (including genetic characteristic), genetic information, marital status, sex (including pregnancy, childbirth or related medical condition, or breastfeeding), gender, gender identity or expression (including transgender), age for individuals over forty years of age, military or veteran status, sexual orientation, citizenship status, or any other category protected by applicable state or federal law.
Spirit’s policy against unlawful harassment, discrimination, and retaliation applies to all employees, including supervisors and managers, as well as to all contractors, suppliers, and manufacturers associated with Spirit.
Spirit is committed to a work environment that is free from human trafficking and forced labor. We strongly believe that we are responsible for promoting ethical and lawful employment practices. Employees retain control of their travel documents and have full freedom of movement. This includes the guarantee of not having any prison labor, indentured labor, bonded labor, or any other employment arrangement that may in any way be construed as forced labor. These practices are also required to be followed by our suppliers, subcontractors or business partners worldwide. This policy covers all employees of Spirit worldwide and all its Suppliers.
Spirit will not tolerate the use of unlawful forced labor in the manufacture of products it sells and will not accept products or services from Suppliers that employ or utilize forced labor in any manner.
Spirit endeavors to provide a conducive working environment that is characterized by equality and mutual respect. Spirit will not tolerate the use of child labor, nor exploitation of children in any of its operations and facilities. Spirit does not employ any person under the age of 18 in the United States, nor permit overseas hiring of any employee under the minimum age established by law for employment, nor permit hiring any employee whose employment would interfere with compulsory schooling. These practices are also required to be followed by our suppliers, subcontractors or business partners worldwide.
Women workers receive equal treatment to male workers; “equal treatment” includes remuneration, benefits, evaluation of the quality of their work, and opportunity to fill all positions. Workers will not be forced or pressured to use contraception. Pregnancy tests will not be a condition of employment, nor will they be demanded of employees. Workers who take maternity leave will not face dismissal nor threat of dismissal, loss of seniority, or deduction of wages, and will be able to return to their former employment at the same rate of pay and benefits. Workers will not be exposed to hazards (including glues or solvents) that may endanger their safety, including their reproductive health. Spirit will provide appropriate services and accommodations to women workers in connection with pregnancy.
Freedom of Association and Collective Bargaining
Spirit explicitly supports freedom of association and the rights of workers to lawfully and peacefully associate, organize and bargain collectively.
Health and Safety
Spirit is committed to providing a safe and healthful environment for its employees and visitors, in an environmentally sensitive and responsible manner. We further recognize an obligation to demonstrate safety and environmental leadership by maintaining the highest standards by taking all necessary steps to prevent workplace accidents and prevent illness arising out of workplace operations. Spirit will continue to identify potential emergency situations in the workplace and minimize their potential impact by implementing emergency preparedness plans and response procedures. Employees will be provided access to first-aid, health, safety, and hazard-reduction materials and information. Spirit will comply with all local, state, and federal health and safety laws, and will provide a safe, sanitary, and healthy working environment.
The safety of our workforce and the protection of our environment are of primary importance to Spirit. In furtherance of this commitment, Spirit will meet or exceed all applicable regulatory requirements to protect and preserve the environment. The company will continue to strive to lessen any potential impact on the environment.
Wages and Benefits
Spirit recognizes that wages are essential to meeting employees’ basic needs. Spirit pays at least the minimum total compensation required by law, including all mandated wages, allowances & benefits. Except in extraordinary business circumstances, hourly and/or quota-based wage employees shall 1) not be required to work more than the limit on regular and overtime hours allowed by the law of the country of manufacture or, where the laws of the country do not limit the hours of work, the regular work week in such country, plus 12 hours of overtime; and 2) be entitled to at least one day off in every seven-day period. Spirit requires its Chinese factory to pay at least the minimum total compensation required by local law, including all mandated wages, allowances & benefits. In addition, this company agrees that all overtime will be consensual in nature and not excessive.
Except in extraordinary business circumstances, hourly and/or quota-based wage employees shall 1) not be required to work more than the lesser of (a) 48 hours per week and 12 hours overtime; or (b) the limit on regular and overtime hours allowed by the law of the country of manufacture or, where the laws of the country do not limit the hours of work, the regular work week in such country, plus 12 hours of overtime; and 2) be entitled to at least one day off in every seven-day period.
Spirit will pay the overtime premium for all overtime hours worked by all employees, as required by law. In addition, this company agrees that all overtime will be consensual in nature and not excessive. Spirit provides all the required state and federal postings for employees to be able to determine the overtime regulations for their industry and location. Generally, unless an alternate workweek is in effect or state law dictates otherwise, non-exempt workers will be paid at a rate of time and one-half their regular rate of pay for: (1) hours worked in excess of eight hours in a day; (2) hours worked in excess of 40 hours in a week not compensated as daily overtime; and (3) for the first eight hours of work on a seventh day of work in a single workweek; and at a rate of double their regular rate of pay for: (a) hours worked in excess of 12 hours in a day; and (b) hours worked in excess of eight hours on a seventh day of work in a single workweek. In accordance with state law, rest and recovery periods may count as hours worked.
During the course of employment, employees may have access to Confidential and Proprietary Information. Any Confidential and Proprietary Information, whether oral, written, or electronic, should be maintained in a manner that ensures its confidentiality. The release of any such Confidential Information may result in negative financial or competitive action, productive loss, or cause legal or other non-beneficial impacts on Spirit.
Confidential Information must be treated with respect and care by any workforce member who is authorized to have access to this information. Workforce members who are authorized to use or disclose Confidential Information also have the responsibility to safeguard access to such information. Workforce members who are authorized by Spirit to access Confidential Information have a responsibility to limit access to those that are allowed by permission and/or by law. The access must be appropriate to the workforce member’s job responsibility. A breach is a violation of this policy and/or state or federal regulatory requirements resulting in the unauthorized or inappropriate use, disclosure or access of Confidential Information.
Compliance with the Code
Compliance with this Code is mandatory, both within Spirit and throughout our contractors, and suppliers. Contractors and suppliers are required to affirm, in writing, that they have read, understand, and will adhere to our Code. Spirit utilizes Employer Law, LLC, to monitor and audit our manufacturer and all contractors and suppliers at least quarterly, and perhaps monthly. Failure to adhere to Spirit Code can lead to a termination of our business relationship. Almost all Spirit apparel is made in the USA, from materials made in the USA. Our primary manufacturing facility is located at 2211 E 37th Street, Los Angeles, California 90058, and it produces approximately 94% of our product; our offices are adjacent to the factory, permitting us to monitor the factory, daily, to ensure full compliance with FLA and Spirit standards. If any violation is found, Spirit takes immediate corrective action, including employee meetings and additional training, as necessary.
We intend to maintain a long-term, shared responsibility toward employees and customers. ———— been approved and accredited by Worldwide Responsible Accredited Production (“WRAP”), an independent, objective, non-profit team of global social compliance experts dedicated to promoting safe, lawful, humane, and ethical manufacturing around the world through certification and education. Jiangyin Garment has also passed recent audits by international auditing firms such as Bureau Veritas. Spirit will continue to hire monitoring and auditing firms to ensure that Jiangyin remains in compliance with all Spirit and WRAP Code requirements. If auditors should find a violation, the factory will be given a Corrective Action Plan and a certain amount of time to rectify the problem. If the factory fails to adhere to the Corrective Action Plan within a reasonable amount of time, Spirit will terminate its relationship with the factory. If the infraction is severe, such as employment of forced or child labor or mistreatment of employees, Spirit will terminate its relationship with the factory immediately.