California executive assistant employment contract template

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How California executive assistant employment contract Differ from Other States

  1. California prohibits non-compete clauses in employment contracts, while many other states allow limited enforcement.

  2. California requires strict adherence to state-specific wage and hour laws, which are often more employee-friendly than in other states.

  3. California mandates certain workplace accommodations and detailed harassment prevention policies within employment contracts.

Frequently Asked Questions (FAQ)

  • Q: Is an executive assistant considered an at-will employee in California?

    A: Yes, unless otherwise specified in the contract, most employment in California is considered at-will by default.

  • Q: Are non-compete agreements enforceable for executive assistants in California?

    A: No, California law generally renders non-compete agreements void with very limited exceptions.

  • Q: What wage and hour laws should be included in a California executive assistant contract?

    A: The contract should reference compliance with California’s minimum wage, overtime, meal and rest break requirements.

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California Executive Assistant Employment Contract

This Full-Time Executive Assistant Employment Contract is made and entered into as of [Date] by and between:

  • [Employer Legal Name], a [State of Incorporation] corporation with its principal place of business at [Employer Address], hereinafter referred to as "Employer,"
  • and
  • [Employee Legal Name], residing at [Employee Address], hereinafter referred to as "Employee."

1. Position

  • The Employer hereby employs the Employee as an Executive Assistant.
  • Core Job Functions:
    • Complex calendar and schedule management for executives.
    • Travel coordination (domestic and international).
    • Meeting and event planning.
    • Preparation of executive correspondence and presentations.
    • Document management.
    • Expense reporting and reimbursement processes.
    • Gatekeeping and call screening.
    • Confidential project assistance.
    • Vendor and client liaison.
    • File organization (digital and physical).
    • Task prioritization.
    • Handling sensitive information.
    • Proactive management of executive requests.
  • Required Skills:
    • Proficiency with Microsoft Office Suite.
    • Proficiency with Google Workspace.
    • Videoconferencing tools expertise.
    • Experience with travel and expense software (e.g., Concur).
    • High responsiveness.
    • Multitasking abilities.
    • Discretion.
    • Professional client-facing communication skills.
    • Ability to manage confidential and time-sensitive information.

2. Work Location

  • The primary work location shall be the Employer's office located at [Employer Address] in California.
  • Remote Work:
    • Option A: The Employee will be primarily working on-site.
    • Option B: The Employee may be eligible for hybrid work arrangements, subject to the Employer's policies.
    • Option C: The Employee may be eligible to work fully remotely, subject to the Employer’s policies.
  • Employer's Remote Work and Equipment Policies:
    • The Employer will provide a company laptop for business use.
    • The Employer will provide a mobile device for business use.
    • The Employee must adhere to the Employer’s policies on secure data handling.
    • The Employee will utilize a VPN when accessing company systems remotely.
    • Option A: The Employer will reimburse the Employee for reasonable business use of their personal devices, consistent with California Labor Code Section 2802.
    • Option B: The Employer will provide a home office stipend of [Dollar Amount] per month.

3. Employment Status

  • This is a full-time employment position.
  • Standard Weekly Hours: 40 hours per week.
  • Normal Working Hours: [Start Time] to [End Time], Monday through Friday.
  • Flexibility: The Employee must be available for occasional after-hours or weekend support, as reasonably required.
  • Overtime:
    • Option A: The Employee is exempt from overtime pay requirements.
    • Option B: The Employee is non-exempt and eligible for overtime pay at the rate of one and one-half times their regular rate of pay for all hours worked over 8 in a workday or 40 in a workweek, in accordance with California law.
  • Meal and Rest Breaks: The Employee is entitled to meal and rest breaks as required by California law.
  • Timekeeping: The Employee must accurately record all hours worked in the Employer’s timekeeping system.

4. Compensation

  • Base Salary:
    • Option A: The Employee's base annual salary shall be [Dollar Amount], payable [Pay Frequency].
    • Option B: The Employee's hourly rate shall be [Dollar Amount], payable [Pay Frequency].
  • Method of Payment: [Direct Deposit/Check]
  • Compliance: The Employer will comply with California minimum wage and equal pay regulations.
  • Bonus/Incentive Pay:
    • Option A: The Employee is eligible for a discretionary annual bonus based on performance and company profitability. The target bonus is [Percentage]% of the Employee's base salary.
    • Option B: The Employee is not eligible for a bonus.
  • Pay in Lieu of PTO: Upon separation, the Employee will be paid for all accrued and unused PTO and sick leave as required by California law.
  • Deductions: Salary deductions will only be made as permitted by California law.

5. Benefits

  • Health Insurance:
    • Option A: The Employer will provide health, dental, and vision insurance coverage.
    • Option B: The Employer offers a healthcare allowance of [Dollar Amount] per month.
  • Retirement Plan:
    • Option A: The Employee is eligible to participate in the Employer's [Plan Name] 401(k) plan after [Number] months of employment.
    • Option B: The Employer does not offer a retirement plan.
  • Paid Vacation: The Employee will accrue [Number] days of paid vacation per year.
  • Paid Sick Leave: The Employee will accrue paid sick leave in compliance with California sick pay requirements.
  • Holidays: The Employee is entitled to paid time off for the following holidays: [List of Holidays].
  • Other Leave: The Employee is entitled to personal and/or volunteer days. [Number] personal or volunteer days per year.
  • Family and Bonding Leave: The Employee has rights under the California Family Rights Act (CFRA) and related laws.
  • Transportation/Parking:
    • Option A: The Employer will provide a transportation allowance of [Dollar Amount] per month.
    • Option B: The Employer will provide free parking at the work location.
  • Professional Development: The Employer will provide opportunities for professional development, including training related to executive assistant skills and certifications.
  • Business Expenses: The Employer will reimburse the Employee for all reasonable and necessary business-related expenses.

6. Intellectual Property and Confidentiality

  • Ownership: All executive-related documents, communications, organizational strategies, and proprietary information produced by the Employee are owned by the Employer.
  • Confidentiality: All information accessed by the Employee is confidential, and confidentiality obligations survive termination of employment. This includes client lists, executive calendars, strategic plans, and other non-public information.
  • Compliance: The Employee must comply with all applicable privacy and data security laws and the Employer's policies.

7. External Employment

  • The Employee shall not engage in any outside work that could conflict with their duties as an Executive Assistant without the Employer's prior written consent.

8. Non-Competition and Non-Solicitation

  • Non-Competition: The parties acknowledge that California law prohibits non-compete agreements. The Employee is free to work in the industry after separation.
  • Non-Solicitation: During the term of employment and for a period of [Number] months following termination, the Employee shall not solicit any of the Employer’s clients, vendors, or employees.

9. Behavioral and Professional Standards

  • The Employee must maintain a professional demeanor and appearance at all times.
  • The Employee must adhere to the Employer's dress code.
  • The Employee must be punctual and maintain good attendance.
  • The Employee must use and care for company equipment properly.
  • The Employee must communicate respectfully with colleagues, clients, and vendors.
  • The Employee must uphold the Employer's code of ethics and anti-harassment, anti-discrimination, and equal opportunity policies.

10. At-Will Employment and Termination

  • At-Will Employment: This is an at-will employment relationship, meaning that either party may terminate the employment relationship at any time, with or without cause or notice, subject to any applicable laws or agreements.
  • Termination Process:
    • Voluntary Termination: The Employee is requested to provide [Number] weeks' written notice of resignation.
    • Involuntary Termination: The Employer may terminate the Employee's employment at any time.
  • Final Wages: Upon termination, the Employee will receive their final wages, including all accrued and unused vacation time, as required by California Labor Code Section 227.3.
  • Return of Property: Upon termination, the Employee must immediately return all Employer property, including access cards, files, and equipment.

11. Leave of Absence

  • The Employee is entitled to leave of absence under the California Family Rights Act (CFRA), paid family leave, and pregnancy disability leave, in accordance with applicable law.

12. Dispute Resolution

  • Informal Discussion: The parties agree to attempt to resolve any disputes through informal discussion and good faith negotiation.
  • Mediation/Arbitration:
    • Option A: Any unresolved disputes shall be submitted to mediation in [County Name] County, California.
    • Option B: Any unresolved disputes shall be submitted to binding arbitration in accordance with California law.
  • Governing Law and Venue: This Agreement shall be governed by and construed in accordance with the laws of the State of California. The venue for any legal action shall be in the county of employment.

13. Workers' Compensation and Safety

  • The Employer will maintain workers' compensation insurance as required by California law.
  • The Employee must adhere to all occupational safety rules and regulations (Cal/OSHA).
  • The Employee must promptly report any accidents or injuries to the Employer.

14. Reporting Harassment and Discrimination

  • The Employee has the right to report harassment, discrimination, and retaliation without fear of reprisal, in accordance with California law and the Employer's policies.
  • The Employer will comply with all applicable laws and regulations of the California Department of Fair Employment and Housing (DFEH).

15. Entire Agreement and Amendments

  • This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements and understandings, whether written or oral.
  • Any modifications to this Agreement must be in writing and signed by both parties.

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

____________________________
[Employer Representative Name]
[Employer Title]
[Employer Legal Name]

____________________________
[Employee Legal Name]

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