California assembler employment contract template

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How California assembler employment contract Differ from Other States

  1. California law mandates higher minimum wage rates for assemblers, often above the federal and other states’ minimums.

  2. Non-compete clauses are generally unenforceable in California, while some other states allow such restrictions in employment contracts.

  3. California requires detailed wage and hour disclosures, including meal and rest breaks, which may not be mandated elsewhere.

Frequently Asked Questions (FAQ)

  • Q: Is overtime pay required for assemblers in California?

    A: Yes, California law requires overtime pay for hours worked over eight in a day or forty in a week for assemblers.

  • Q: Can a California assembler contract include a non-compete clause?

    A: No, non-compete clauses are typically unenforceable under California law, with only a few narrow exceptions.

  • Q: What meal and rest breaks must be provided to assemblers in California?

    A: Employers must provide a 30-minute meal break for every five hours worked and a 10-minute rest break for every four hours.

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California Full-Time Assembler Employment Agreement

This California Full-Time Assembler Employment Agreement (the “Agreement”) is made and entered into as of [Date] by and between [Employer Full Legal Name], a [State of Incorporation] corporation with a principal place of business at [Employer Full Address] (“Employer”), and [Employee Full Legal Name], residing at [Employee Full Address] (“Employee”).

1. Employment

  • Option A: Employer hereby employs Employee, and Employee hereby accepts employment with Employer, subject to the terms and conditions set forth in this Agreement.
  • Option B: Employee's employment with Employer shall commence on [Start Date].

2. Job Title and Description

The Employee’s job title shall be Assembler. Employee will perform the following essential functions:

  • Manual and mechanical assembly of products or components.
  • Reading and interpreting California-specific technical schematics, blueprints, or work orders.
  • Use and operation of specialized tools/equipment required for assembly.
  • Adherence to manufacturer guidelines.
  • Performing quality control checks.
  • Maintenance and cleaning of workstation and tools.
  • Compliance with workplace safety and Cal/OSHA protocols.
  • Timely reporting of production issues.
  • Collaboration with production and engineering teams.
  • Other duties as assigned.

3. Work Location

  • Option A: The primary work location shall be at Employer’s facility located at [Full Address of California Facility].
  • Option B: On-site presence at the designated facility is required. The Employer maintains all required safety certifications for the facility.
  • Option C: Employee may be reassigned to alternative California worksites as needed due to production demands, with reasonable notice.
  • Option D: Remote/Off-site work is [Permitted/Not Permitted].
    • If permitted, expectations, tools provided, and safety requirements for a home workspace to meet Cal/OSHA home office guidelines will be provided separately.

4. Employment Type and Work Schedule

  • Option A: Employment is full-time, with a regular schedule of 40 hours per week.
  • Option B: The work schedule is [Days of the Week], from [Start Time] to [End Time].
  • Option C: Overtime may be required and will be compensated in accordance with California law (time-and-one-half for hours over 8/day or 40/week, double time for over 12 hours/day).
  • Option D: Mandatory meal and rest breaks will be scheduled in compliance with California labor law.
  • Option E: Procedures for clocking in/out are as follows: [Clocking in/out procedures].
  • Option F: Employer is responsible for accurate timekeeping records.

5. Compensation

  • Option A: Employee's hourly wage shall be [Dollar Amount] per hour or annual salary of [Dollar Amount].
  • Option B: The pay cycle is [Weekly/Bi-weekly].
  • Option C: Overtime and double-time will be calculated as required by California law.
  • Option D: Employee is [Eligible/Not Eligible] for shift differentials or production bonuses.
    • If eligible, details are as follows: [Details of shift differentials/bonuses].
  • Option E: Method of wage payment: [Direct Deposit/Paycard/Check].

6. Benefits

  • Option A: Employee is eligible for employer-sponsored health, dental, and vision insurance as detailed in the benefits summary.
  • Option B: Employee is eligible for 401(k) participation, subject to plan terms.
  • Option C: Employee is eligible for paid time off (vacation, sick leave including California’s mandatory minimum sick leave accrual, paid holidays—including California-specific holidays) as detailed in the PTO policy.
  • Option D: Employee is [Eligible/Not Eligible] for attendance bonuses or wellness incentives.
    • If eligible, details are as follows: [Details of attendance bonuses/wellness incentives].
  • Option E: Access to training or upskilling programs related to assembly work will be provided as needed.

7. Workplace Safety

  • Option A: Employee is responsible for maintaining workplace safety.
  • Option B: Employee must wear required Personal Protective Equipment (PPE) at all times.
  • Option C: Employee must adhere to Cal/OSHA and employer safety policies.
  • Option D: Employee must report all accidents or near-misses immediately.
  • Option E: Employee will participate in mandatory safety and ergonomic training.
  • Option F: Random drug/alcohol testing may be required in accordance with California law.
  • Option G: Procedures for reporting workplace hazards or violations without retaliation are as follows: [Reporting Procedures].

8. Work Tools and Equipment

  • Option A: Employer will provide the necessary tools and equipment for Employee to perform their duties.
  • Option B: Employee is responsible for the care and maintenance of assigned equipment.
  • Option C: Employee must report any loss or damage to equipment immediately.
  • Option D: Employer is obligated to maintain safe working equipment as required by Cal/OSHA.
  • Option E: All company property must be returned upon termination of employment.

9. Confidentiality

  • Option A: Employee shall not disclose any proprietary assembly processes, trade secrets, product designs, manufacturing schedules, equipment operation manuals, or customer/vendor information, even after job termination.
  • Option B: If Employee assembles products for regulated industries (e.g., aerospace, medical devices), special confidentiality/alignment with industry regulations (ITAR, FDA, etc.) applies as outlined in [Attached document/section].

10. Intellectual Property

  • Option A: Any inventions, improvements, or process innovations related to assembly tasks completed within the scope of employment are assigned to the Employer.
  • Option B: This assignment excludes inventions developed entirely on Employee’s own time and without use of Employer resources, consistent with California Labor Code Section 2870.

11. Non-Competition

California law generally prohibits non-compete clauses for employees. This Agreement does not contain any non-compete provisions.

  • Option A: However, Employee agrees not to solicit Employer’s customers or employees for a period of [Number] months following termination of employment.
  • Option B: Employee agrees to maintain the confidentiality of Employer’s trade secrets and confidential information indefinitely.

12. Anti-Discrimination and Anti-Harassment

Employer is an equal opportunity employer and prohibits discrimination and harassment based on race, color, ancestry, national origin, religion, sex/gender, pregnancy, disability, veteran status, age, sexual orientation, gender identity/expression, genetic information, or any other protected category under California’s FEHA.

Complaint procedures and protections against retaliation are outlined in the Employee Handbook.

13. At-Will Employment

Employment is at-will, meaning either Employer or Employee may terminate the employment relationship at any time, with or without cause or notice, subject to applicable California law.

  • Option A: Voluntary resignation requires [Number] days' written notice.
  • Option B: Company-initiated dismissal may be for cause (e.g., violation of company policy, insubordination, theft) or without cause.
  • Option C: Final wages will be paid within 72 hours of resignation or immediately upon discharge, as required by California Labor Code.
  • Option D: All company property must be returned upon termination.
  • Option E: Layoff notice and severance procedures will comply with the California Worker Adjustment and Retraining Notification (WARN) Act, if applicable.

14. Disciplinary Action

Employer's disciplinary policy, including progressive steps for attendance violations, safety breaches, performance issues, and machine misuse, is detailed in [Employee Handbook/Policy Document].

Disciplinary actions will be documented in accordance with company policy.

15. Worker's Compensation

Employer provides worker's compensation insurance as required by California law.

Claim forms and the Employer's process for submitting claims will be provided in case of injury.

Light-duty/modified duty options may be available for assembly line injuries.

16. Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of California.

Any disputes arising out of or relating to this Agreement shall be resolved in the state or federal courts located in [County Name] County, California.

  • Option A: Employer requires initial informal grievance procedures before filing any claims.
  • Option B: Employer requires mediation before filing any claims.
  • Option C: Any claims shall be subject to mandatory arbitration in accordance with California employment arbitration law.

17. Union Membership

  • Option A: Employee is a member of [Union Name] and subject to the terms of the collective bargaining agreement.
  • Option B: Employee is not represented by a union.

18. Facilities

Employer provides breakrooms, locker areas, and sanitation facilities as required by Cal/OSHA.

Employer will provide potable water and designated meal/rest areas.

19. Wage Theft Prevention Act Notice

See attached “Wage Theft Prevention Act” notice in English and Spanish.

20. Personal Data

Employee personal data (e.g., for background check, address change, shift assignments) will be handled consistent with the California Consumer Privacy Act (CCPA), if applicable.

21. Onboarding and Training

Employee may be required to undergo background and reference checks, physical/medical/drug testing where permitted, and safety and job skills training relevant to assembly tasks.

Employee may be required to obtain OSHA 10/30-hour card or equivalent industry training.

22. Acknowledgements

Employee acknowledges orientation on Employer’s sexual harassment, anti-violence, smoke-free workplace, technology use, cellphone policy, and social media policy.

Employee must immediately report safety and security incidents as per site protocol.

23. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

____________________________
[Employer Authorized Signatory Name]

[Employer Title]

[Employer Company Name]

____________________________
[Employee Full Legal Name]

____________________________
[Witness Name (Optional)]

Date: [Date]

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