California HR assistant employment contract template

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How California HR assistant employment contract Differ from Other States

  1. California’s employment laws provide broader employee protections, including strict wage, hour, and overtime requirements.

  2. Non-compete clauses are generally unenforceable in California, unlike in many other U.S. states.

  3. California mandates specific anti-harassment and anti-discrimination language in employment contracts.

Frequently Asked Questions (FAQ)

  • Q: Is at-will employment required in California HR assistant contracts?

    A: California presumes at-will employment, but contracts may specify different terms if both parties agree.

  • Q: Are non-disclosure agreements enforceable for HR assistants in California?

    A: NDAs are enforceable, but cannot prevent employees from reporting workplace violations or protected activities.

  • Q: Does California require meal and rest breaks in HR assistant contracts?

    A: Yes, California law requires proper meal and rest breaks which should be addressed in the contract terms.

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California Full-Time HR Assistant Employment Agreement

This California Full-Time HR Assistant Employment Agreement (the "Agreement") is made and effective as of [Date] by and between [Employer Full Legal Name], a [State] [Business Type, e.g., Corporation] with its principal place of business at [Employer Address] ("Employer"), and [Employee Full Legal Name], residing at [Employee Address] ("Employee").

Position and Responsibilities:

  • Option A: The Employer hereby employs Employee as a Full-Time HR Assistant.
  • Option B: (If hybrid) The Employer hereby employs Employee as a Full-Time HR Assistant. This position may be performed partially remotely, subject to the Employer's remote work policy.

The Employee’s primary responsibilities include, but are not limited to:

  • Recruiting coordination, including scheduling interviews and conducting background checks.
  • Onboarding and offboarding of employees.
  • Benefits administration.
  • HRIS data entry and maintenance.
  • Employee recordkeeping in compliance with California personnel file laws.
  • Support for payroll and timekeeping procedures.
  • Responding to employment verification requests.
  • Leave-of-absence tracking under CFRA, FMLA, and PDL.
  • Involvement in EEO/anti-harassment training rollouts.
  • I-9 verification in accordance with Federal and California rules.
  • Support in workplace safety and compliance tasks per Cal/OSHA.
  • Ensuring mandatory workplace notices/postings.

Reporting and Collaboration:

  • Option A: The Employee will report directly to the [HR Manager Title, e.g., HR Manager].
  • Option B: The Employee will report directly to the [HR Director Title, e.g., HR Director].

The Employee is expected to collaborate effectively with other departments, as needed.

Work Location and Remote Work Policy:

  • Option A: The Employee’s primary work location is the Employer’s office located at [Employer Office Address].
  • Option B: (If Hybrid) The Employee’s primary work location is the Employer’s office located at [Employer Office Address]. Remote work is subject to the Employer’s Remote Work Policy and secure access protocols. The Employer will provide necessary IT equipment for remote work.

Employment Status and Hours:

  • Option A: This is a full-time position. The Employee’s normal work schedule will be [Number] hours per week.
  • Option B: This is a full-time position. The Employee’s normal work schedule will be [Number] hours per week, generally Monday through Friday.

The Employee is entitled to meal and rest breaks as required by California Labor Code.

Overtime will be paid in accordance with California law.

"Off the clock" work is strictly prohibited.

Compensation and Benefits:

  • Option A: The Employee’s hourly wage will be [Dollar Amount] per hour, payable [Pay Frequency, e.g., bi-weekly].
  • Option B: The Employee’s annual salary will be [Dollar Amount], payable [Pay Frequency, e.g., bi-weekly].

Payroll deductions will be made in accordance with applicable law.

The Employee is eligible for overtime pay at one and one-half times their regular rate of pay for hours worked over eight in a workday or forty in a workweek, and double time for hours worked over twelve in a workday or for the seventh consecutive day of work in a workweek, as required by California law.

The Employee is eligible for the following benefits:

  • Health insurance
  • Dental insurance
  • Vision insurance
  • Life insurance
  • Disability insurance
  • Employee Assistance Program (EAP)
  • Commuter/transportation stipends (if applicable)
  • Cell phone/data reimbursement (if applicable)
  • Paid sick leave under California’s Healthy Workplaces, Healthy Families Act.
  • Paid family leave integration.
  • [Number] days of PTO/vacation per year.
  • Paid holidays as per Employer policy.
  • 401(k) or similar retirement plan (if applicable).

Non-Exempt Status:

The Employee is classified as a non-exempt employee and is entitled to all applicable wage-and-hour protections under California law.

If the employee is intended to be classified as exempt, replace the above clause with detailed reasoning and analysis supporting this classification, ensuring compliance with California's strict exemption requirements.

Compliance Obligations:

The Employer is committed to complying with all applicable California laws, including anti-retaliation, anti-discrimination, and anti-harassment laws.

The Employee is required to participate in mandatory harassment-prevention training.

The Employee is required to adhere to all company policies related to compliance.

Confidentiality:

The Employee agrees to maintain the confidentiality of all confidential information, including personnel data, salary and benefits information, and company policies.

The Employee agrees to comply with the California Consumer Privacy Act (CCPA).

This confidentiality obligation survives termination of employment.

Intellectual Property:

All intellectual property created by the Employee during the course of their employment belongs to the Employer.

Outside Activities:

The Employee agrees not to engage in any outside activities that conflict with the interests of the Employer.

Consumer Privacy, Record Retention, and Destruction Obligations:

The Employee acknowledges their obligations under California law related to consumer privacy, record retention, and destruction.

The Employee agrees to adhere to the Employer's policies regarding data security and personal device usage.

Code of Conduct:

The Employee agrees to adhere to the Employer’s Code of Conduct, which emphasizes impartiality, professionalism, and the duty to escalate workplace concerns.

At-Will Employment:

  • Option A: Employee’s employment with Employer is at-will. Employer or Employee may terminate the employment relationship at any time, with or without cause or notice.
  • Option B: Employee's employment with Employer is at-will. Nothing in this Agreement shall alter the at-will nature of the employment relationship. Both Employer and Employee acknowledge that California Labor Code Section 2922 states, in part, "An employment, having no specified term, may be terminated at the will of either party on notice to the other."

Upon termination, the Employee will receive all earned wages and benefits as required by California law.

The Employee will return all Employer property upon termination.

Workers' Compensation:

The Employer will provide workers’ compensation insurance as required by California law.

Dispute Resolution:

  • Option A: (Mediation) Any dispute arising out of or relating to this Agreement shall be resolved through mediation in [City, California], prior to initiating any legal action.
  • Option B: (Arbitration with Opt-Out) Any dispute arising out of or relating to this Agreement shall be resolved through binding arbitration in [City, California], in accordance with the rules of [Arbitration Organization, e.g., AAA]. The Employee has the right to opt out of this arbitration agreement within 30 days of the effective date of this agreement by providing written notice to the Employer.

This Agreement shall be governed by the laws of the State of California.

Whistleblower Protection:

The Employer will comply with all applicable California whistleblower protection laws.

EEO and Anti-Discrimination:

The Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, genetic information, sexual orientation, gender identity or expression, or any other characteristic protected by law.

Employee Notices and Policies:

The Employee acknowledges receipt of required employee notices and handbooks.

Business Expenses:

The Employer will reimburse the Employee for reasonable business expenses in accordance with California Labor Code Section 2802.

Modifications:

This agreement can be modified in writing to adhere to specific compliance needs (e.g., CFRA threshold), accommodate multi-location compliance requirements, and address changes in relevant California or federal law.

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

____________________________

[Employer Representative Name], [Employer Representative Title]

[Employer Full Legal Name]

Date:____________________________

____________________________

[Employee Full Legal Name]

Employee

Date:____________________________

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