California call center representative employment contract template

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How California call center representative employment contract Differ from Other States

  1. California mandates stricter meal and rest break requirements for call center employees compared to most other states.

  2. Employers in California must comply with unique wage and hour laws, including daily overtime and double-time pay regulations.

  3. California law prohibits non-compete clauses in employment contracts, unlike many other U.S. states.

Frequently Asked Questions (FAQ)

  • Q: Are meal and rest breaks required for California call center representatives?

    A: Yes, California law requires specific meal and rest breaks based on the length of the employee’s work shift.

  • Q: Does the contract need to address California’s overtime rules?

    A: Yes, the contract should outline compliance with California’s daily overtime and double-time pay laws.

  • Q: Can a California call center employment contract include a non-compete clause?

    A: No, non-compete clauses are generally unenforceable in California employment contracts.

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California Call Center Representative Employment Contract

This California Call Center Representative Employment Contract (the "Agreement") is made and entered into as of this [Date] by and between [Employer Name], with its principal place of business at [Employer Address] ("Employer"), and [Employee Name], residing at [Employee Address] ("Employee").

  • Employer Contact Information:
    • [Employer Contact Name]
    • [Employer Contact Title]
    • [Employer Phone Number]
    • [Employer Email Address]
  • Employee Contact Information:
    • [Employee Phone Number]
    • [Employee Email Address]

1. Position

The Employer hereby employs the Employee as a Call Center Representative.

  • Option A: General Description
    • Employee will perform the duties of a Call Center Representative, which includes handling inbound and/or outbound customer calls, resolving customer complaints, processing orders, explaining products and services, adhering to approved call scripts, escalating issues per procedure, maintaining call logs and customer records, achieving specific call metrics, compliance with call center software and telephony technologies, and participating in training.
  • Option B: Detailed Responsibilities
    • Handling high-volume inbound and/or outbound customer calls.
    • Resolving customer complaints and providing appropriate solutions.
    • Processing customer orders accurately and efficiently.
    • Explaining products and services clearly and concisely to customers.
    • Adhering to approved call scripts and protocols.
    • Escalating complex issues to supervisors or specialized departments.
    • Maintaining accurate call logs and customer records in the CRM system.
    • Achieving specific call center metrics such as Average Handle Time (AHT), First Call Resolution (FCR), and Customer Satisfaction (CSAT).
    • Complying with call center software and telephony technologies.
    • Participating in ongoing training programs on products, systems, and communication protocols.
    • Additional specific duties as assigned by the Employee’s supervisor.
  • Required Skills:
    • Languages: [Specify languages required, e.g., Bilingual Spanish/English]
    • Strong listening and communication skills.
    • Professionalism and empathy in all customer interactions.
  • Reporting:
    • Employee will report to [Supervisor Name], [Supervisor Title].
  • Performance Review:
    • Employee's performance will be reviewed regularly based on call center KPIs.

2. Work Location

The primary work location for the Employee will be:

  • Option A: Employer's California Call Center
    • The Employer’s designated California call center located at [Call Center Address].
  • Option B: Remote/Home Office
    • An approved remote/home office location at [Employee Address], subject to Employer’s remote work policy. Employee is responsible for maintaining a safe and productive workspace, and compliance with California privacy and security requirements. Employer will provide company hardware and software. Use of permitted communication tools is required.
  • Remote Work Eligibility:
    • [Specify remote work eligibility requirements, if any]

3. Employment Type and Hours

Employee's employment will be:

  • Full-time.
  • Standard Hours: 40 hours per week, 8-hour shifts.
  • Shift Schedule: [Specify shift scheduling procedures, including night/weekend/holiday shifts if relevant].
  • Advance Notice: The Employer will provide advance notice of shift changes as required by California law if applicable.
  • Break Schedule: Employee is entitled to meal and rest breaks in accordance with California law. [Specify break schedule, e.g., one 30-minute unpaid meal break and two 10-minute paid rest breaks per 8-hour shift].
  • Tracking System: [Specify method of break tracking, e.g., timecard system].
  • Missed/Broken Breaks: [Outline policy for missed/broken breaks].

4. Compensation

Employee's compensation will be as follows:

  • Hourly Rate: \$[Hourly Rate] per hour, which meets or exceeds the California state and local minimum wage requirements.
  • Overtime: Overtime pay at 1.5x and double-time rates as required by California law.
  • Pay Cycle: [Specify pay cycle, e.g., bi-weekly].
  • Method of Payment: [Specify method, e.g., direct deposit].
  • Timecard Requirements: Employee is responsible for accurately recording their time worked using the [Specify timecard system].
  • Additional Compensation (if applicable):
    • Incentive Pay/Bonuses: [Specify incentive pay or bonus structure tied to performance metrics].
    • Bilingual Differential: [Specify bilingual differential, if applicable].
    • Night Shift Differential: [Specify night shift differential, if applicable].
    • Commissions: [Specify commission structure, if applicable].

5. Benefits

Employee will be eligible for the following benefits, subject to Employer's benefit plan documents:

  • Paid Sick Leave: Accrual and use of paid sick leave as required by the California Healthy Workplaces, Healthy Families Act.
  • Paid Vacation: [Specify paid vacation policy, including accrual rate].
  • State-Mandated Holidays: [Specify which holidays are paid].
  • Health/Vision/Dental Insurance: [Specify eligibility and coverage details].
  • Retirement Plan: [Specify retirement plan details, e.g., 401(k) eligibility and matching contribution].
  • Commuter Benefits: [Specify commuter benefits, if applicable].
  • Reimbursement of Business Expenses: Reimbursement of required business expenses (phone, internet, ergonomics) in compliance with California Labor Code §2802 for remote workers, if applicable. [Specify reimbursement process].

6. Training

  • Employee will participate in training programs on customer service, data security, California consumer privacy (including CCPA compliance practices), and periodic certification or re-training as required.

7. Company Property and Data Protection

Employee is responsible for the proper use and safeguarding of all company property, including headsets, computers, login credentials, call recordings, and customer information.

  • Strict adherence to confidentiality and data retention/destruction rules is required.
  • Employee has a duty to report any data breaches immediately.
  • Call recordings and customer interaction data belong to the Employer.
  • Handling, reviewing, and disclosure of call data will be in accordance with California’s two-party consent statute for call recording (Penal Code §632).

8. Conduct Standards

  • Adherence to internal quality assurance guidelines is required.
  • No use of personal devices for work calls.
  • Proper and professional behavior on all calls.
  • Professional email and chat communication.
  • Compliance with company-specific scripting and escalation protocols.

9. Non-Competition/Non-Solicitation

Employee acknowledges that under California Business and Professions Code §16600, non-compete agreements are generally unenforceable. Any post-termination non-solicitation or confidentiality provisions are restricted narrowly as permitted by law.

10. At-Will Employment and Termination

  • Employee's employment is at-will, meaning that either the Employee or the Employer may terminate the employment relationship at any time, with or without cause or advance notice, subject to applicable law.
  • Grounds for termination may include performance issues, misconduct, or downsizing.
  • Employer will follow progressive discipline procedures where appropriate.
  • Final pay upon termination will be provided as mandated by California law.
  • Accrued but unused vacation will be paid out upon termination.
  • Employee is responsible for returning all company equipment and data upon termination.

11. Workplace Safety and Workers' Compensation

  • Employee must report any workplace injuries immediately.
  • Employee is entitled to employee rights under California workers' compensation.
  • Employee is responsible for maintaining a safe workplace setup, especially if working remotely.
  • Ergonomic evaluations will be provided as needed under Cal/OSHA standards.

12. Anti-Discrimination and Harassment

The Employer is an equal opportunity employer and prohibits discrimination and harassment based on race, national origin, religion, gender identity, sexual orientation, marital status, disability, age, genetic information, or any other protected characteristic under California’s Fair Employment and Housing Act (FEHA). The Employer has established complaint/reporting and investigation procedures as required under California law.

13. Mandatory Workplace Postings and Disclosures

Employer will provide all mandatory workplace postings and disclosures as required by California law, including wage theft prevention and sick day usage information.

14. Dispute Resolution

Any disputes arising out of or relating to this Agreement will be resolved through good-faith internal resolution, followed by mediation, and then binding arbitration in accordance with California law. The exclusive jurisdiction and governing law for any legal proceedings will be the courts of the State of California.

15. Amendment

The Employer reserves the right to amend call scripts, performance metrics, or scheduling as required for operational needs, with notice to the Employee as compliant with California law.

16. Governing Law

This Agreement shall be governed by and construed in accordance with the laws of the State of California. All terms are subject to mandatory adjustment as California or applicable municipal law changes.

17. Addenda

[Specify if addenda or additional information may be included]

[Allow space for addenda]

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

____________________________

[Employer Name]

By: ____________________________

[Employer Representative Name]

[Employer Representative Title]

____________________________

[Employee Name]

____________________________

Date

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