California bookkeeper employment contract template

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How California bookkeeper employment contract Differ from Other States

  1. California prohibits non-compete clauses in employment contracts, unlike some other states where such clauses are enforceable.

  2. California mandates that all employees, including bookkeepers, must receive at least the state minimum wage, which may be higher than federal or other state minimums.

  3. California requires detailed wage statements and recordkeeping, and imposes strict overtime pay regulations that surpass federal requirements.

Frequently Asked Questions (FAQ)

  • Q: Is a written employment contract required for bookkeepers in California?

    A: No, but a written contract is recommended to clearly outline terms and protect both employer and employee rights.

  • Q: Can a California bookkeeper employment contract include a non-compete agreement?

    A: No. Non-compete agreements are generally not enforceable under California law except in very limited circumstances.

  • Q: What laws must be referenced in a California bookkeeper employment contract?

    A: California labor laws, including wage and hour regulations, overtime rules, and specific state protections, must be followed.

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California Bookkeeper Employment Contract

This California Bookkeeper Employment Contract (the "Agreement") is made and entered into as of [Date] by and between [Employer Name], a [State] [Entity Type] with its principal place of business at [Employer Address] ("Employer"), and [Employee Name], residing at [Employee Address] ("Employee").

Position

  • The Employer hereby employs the Employee as a Bookkeeper.
  • Job Duties:
    • Option A: The Employee's duties shall include, but are not limited to: managing accounts payable and receivable, preparing and reconciling bank statements, recording payroll entries, maintaining general ledgers, generating financial reports, supporting month-end and year-end close procedures, preparing documents for tax filings and external audits, ensuring compliance with California tax laws and sales/use tax filings, documenting cash handling procedures, and maintaining records in compliance with state retention rules. The Employee will use [Software Name] software.
    • Option B: As outlined in Exhibit A, attached to this agreement.

Qualifications & Certifications

  • Option A: Employee must possess a valid [Certification Type, e.g., CB, CPB] certification.
  • Option B: Employee is expected to maintain [Number] hours of continuing professional education (CPE) annually.
  • Option C: Employee must obtain and maintain a valid notary public commission in the State of California.
  • Option D: Employee must obtain and maintain CTEC registration.

Reporting Structure & Interaction

  • Option A: The Employee will report directly to the [Job Title, e.g., Controller].
  • Option B: The Employee will work under the supervision of the [Job Title, e.g., Finance Manager].
  • The Employee will interact with CPAs, auditors, and California state agencies as required.

Work Location & Remote Work

  • Option A: The Employee's primary work location shall be [City, CA].
  • Option B: This is a hybrid/remote position. The Employee will work remotely [Number] days per week. The Employee is responsible for maintaining a secure workspace compliant with California privacy laws (e.g., CPRA/CCPA).

Employment Type & Hours

  • This is a full-time position.
  • Minimum Weekly Hours:
    • Option A: 40 hours per week.
    • Option B: [Number] hours per week.
  • Meal and rest breaks will be provided in accordance with California Labor Code.
  • Overtime: Overtime will be paid at a rate of 1.5 times the regular hourly rate for hours worked over 8 in a workday or 40 in a workweek, and double time for hours worked over 12 in a workday, or for any hours worked on the seventh consecutive day of work in a workweek, as required by California law.
  • FLSA Status:
    • Option A: Exempt
    • Option B: Non-Exempt
  • Wage Order Coverage: Covered under California Wage Order #4.

Compensation

  • Option A: The Employee's annual salary shall be [Dollar Amount], payable bi-weekly.
  • Option B: The Employee's hourly wage shall be [Dollar Amount], payable bi-weekly.
  • Overtime Rate: The overtime rate will be at least 1.5 times the regular rate of pay as per California law.
  • Wage Payment & Payday: Wages will be paid in accordance with California Labor Code §§204, 510.
  • Payroll Deductions: All payroll deductions will be disclosed to the Employee.
  • Expense Reimbursement: The Employer will reimburse the Employee for reasonable and necessary work-related expenses, including [Specific Expenses, e.g., home office supplies, software subscriptions], subject to Employer's expense reimbursement policy.
  • Merit Increases/Bonuses:
    • Option A: Employee is eligible for merit increases based on performance evaluations.
    • Option B: Employee is eligible for a retention bonus based on [Performance Metric].

Employee Benefits

  • Medical, Dental, and Vision Insurance:
    • Option A: Employer offers medical, dental, and vision insurance.
    • Option B: Employer does not offer medical, dental, or vision insurance.
  • Retirement/401(k):
    • Option A: Employer offers a 401(k) plan.
    • Option B: Employer does not offer a 401(k) plan.
  • Paid Sick Leave: Employer provides paid sick leave in accordance with the Healthy Workplaces, Healthy Families Act.
  • Paid Vacation/Holiday:
    • Option A: Employee is entitled to [Number] days of paid vacation and [Number] paid holidays per year.
    • Option B: See attached holiday schedule.
  • Family Leave: Employer complies with California's paid and unpaid family leave policies.
  • Other Benefits:
    • Option A: Employer offers [Benefit, e.g., transit benefits].
    • Option B: Employee is eligible for tuition reimbursement.

Confidentiality

  • The Employee acknowledges that they will have access to confidential information belonging to the Employer, including but not limited to customer lists, payroll data, banking/financial records, pricing, and vendor ledgers. The Employee agrees to hold such information in strict confidence and not to disclose it to any third party. This obligation shall survive the termination of this Agreement. Employee agrees to adhere to California's Uniform Trade Secrets Act.

Intellectual Property

  • All bookkeeping records, systems, and reports produced by the Employee during their employment shall be the exclusive intellectual property of the Employer.
  • Outside Consulting: Employee must obtain prior written approval from Employer before engaging in any external consulting or freelance bookkeeping work.

Behavioral Standards

  • The Employee shall adhere to GAAP where applicable, company internal controls, and anti-fraud protocols. The Employee shall comply with all federal and California-specific rules applicable to financial record-keeping and reporting. The Employee shall maintain a zero tolerance for data tampering and promptly report any irregularities.

Non-Competition/Non-Solicitation

  • The Employer acknowledges that non-compete agreements are generally unenforceable in California.
  • Option A: The Employee agrees not to solicit the Employer's clients for a period of [Number] months following the termination of their employment.
  • Option B: No non-solicitation agreement.

At-Will Employment

  • The Employee's employment is at-will, meaning that either the Employer or the Employee may terminate the employment relationship at any time, with or without cause or notice, subject to California law.

Separation Procedures

  • Notice:
    • Option A: Employee agrees to provide [Number] weeks' written notice of resignation.
    • Option B: Employer agrees to provide [Number] weeks' written notice of termination, except in cases of gross misconduct.
  • Final Pay: Final pay will be provided on the Employee's last day of employment, as required by California Labor Code §§201-202.
  • Return of Property: The Employee shall return all Employer property, including accounting records, upon termination of employment.
  • Access/Passwords: The Employee shall provide all necessary access information and passwords to the Employer upon termination.

Employer-Initiated Termination

  • Termination for cause may occur based on performance standards related to bookkeeping accuracy, timeliness, and error rates.
  • Discipline:
    • Option A: Employer follows a progressive discipline policy.
    • Option B: Employer does not have a formal progressive discipline policy.
  • Post-Termination Cooperation: The Employee agrees to cooperate with the Employer in connection with any audits or government inquiries after termination.

Workplace Discrimination and Harassment Policy

  • The Employer prohibits discrimination and harassment based on any protected category, including gender identity, sexual orientation, immigration status, medical condition, age, marital status, and veteran status, in accordance with California law.

Workplace Safety and Employee Wellness

  • The Employer will provide a safe and healthy work environment, including workstation ergonomics and eye strain breaks.
  • The Employer offers resources for mental health support.
  • The Employer complies with Cal/OSHA regulations.

Compliance Training

  • The Employee is required to participate in anti-money laundering training and other periodic compliance briefings as required.

Dispute Resolution

  • Any disputes arising out of or relating to this Agreement shall be resolved first through internal review. If internal review is unsuccessful, the parties agree to attempt to resolve the dispute through mediation or arbitration in [City, CA], under California law.
  • The parties agree that Labor Code §432.6 regarding forced arbitration of harassment or discrimination claims is understood and followed.

Required Paperwork

  • The Employee agrees to complete all mandated EDD, new hire reporting, and other California-specific paperwork.

Employee Rights

  • The Employee acknowledges their right to access wage records and pay stubs, request personnel file copies, and report wage theft or unfair labor practices to the California Labor Commissioner without retaliation.

Workers' Compensation & Paid Sick Leave

  • The Employer will provide workers' compensation insurance and abide by California Paid Sick Leave and Workers' Compensation statutes.

Privacy Compliance

  • If the Employee handles or transmits sensitive customer or patient information, the Employee must comply with HIPAA, GLBA, or other applicable federal and California privacy statutes.

Modification

  • This Agreement may be modified only in writing and signed by both parties, as permitted by California law.

Entire Agreement

  • This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.

[Employer Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

Date: [Date]

[Employee Name]

Signature:

Date: [Date]

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