California HR generalist employment contract template
View and compare the Free version and the Pro version.
Help Center
Need to learn how to convert downloaded contract DOCX files to PDF or add electronic signatures? Please visit our Help Center for detailed guidance.
How California HR generalist employment contract Differ from Other States
-
California requires strict compliance with wage and hour laws, including overtime calculations and meal/rest periods, which are more stringent than in many other states.
-
Non-compete clauses are largely unenforceable in California, unlike in several other states where such provisions may be valid if reasonable.
-
Employee privacy and background checks are subject to California-specific laws, such as the California Consumer Privacy Act (CCPA) and the Fair Chance Act.
Frequently Asked Questions (FAQ)
-
Q: Are non-compete agreements allowed in California HR generalist employment contracts?
A: No, non-compete agreements are generally unenforceable in California except in limited circumstances, such as the sale of a business.
-
Q: Do California HR generalists receive protections for meal and rest breaks?
A: Yes, California labor laws mandate paid rest breaks and unpaid meal breaks for eligible employees, with strict enforcement by state agencies.
-
Q: Must employers comply with California-specific privacy laws when hiring HR generalists?
A: Yes, employers must comply with laws like the CCPA and the Fair Chance Act when handling HR generalist candidate information in California.
HTML Code Preview
California HR Generalist Employment Agreement
This Full-Time HR Generalist Employment Agreement (the “Agreement”) is made and entered into as of [Date], by and between [Employer Legal Name], a [State] [Entity Type] with its principal place of business at [Employer Address] (“Employer”), and [Employee Legal Name], residing at [Employee Address] (“Employee”).
1. Position
- Option A: HR Generalist. Employee is hired as a full-time HR Generalist, reporting to [Reporting Manager Name/Title].
- Option B: Employee is hired as a full-time HR Generalist, performing duties for multiple locations in California as needed.
- Detailed job responsibilities include, but are not limited to:
- Employee onboarding and offboarding.
- Benefits administration.
- Payroll coordination (California wage and hour law compliance).
- Recordkeeping (California personnel file retention and access).
- Compliance with state and federal labor and employment laws, including the California Labor Code, Paid Sick Leave, and the California Family Rights Act.
- Employee relations.
- Interpretation and administration of company policies.
- Employee investigations.
- Workplace safety and Cal/OSHA compliance.
- Organizing and conducting sexual harassment prevention training (California AB1825/2053).
- Supporting diversity and inclusion programs.
- Handling leaves of absence (FMLA/CFRA/PDL).
- Management of wage and hour compliance (daily overtime, double time, meal/rest breaks).
- Maintenance of the employee handbook.
- Managing EDD and UI claims.
- Ensuring compliance with California pay transparency and equal pay requirements.
2. Reporting Structure and Collaboration
- Option A: Employee will report directly to [Reporting Manager Name], [Reporting Manager Title].
- Option B: Employee will report to [Reporting Manager Name], [Reporting Manager Title], and will collaborate with [Department Name] on [Project Name].
- Employee will collaborate with various departments within the company.
3. Work Location and Remote Work
- Option A: The primary work location is [Work Location Address] in California.
- Option B: Hybrid work arrangement: [Number] days per week in the office and [Number] days remotely. Remote work requires maintaining confidentiality, secure management of employee information, and utilizing company-provided equipment/secure HRIS access.
- Option C: Fully Remote: This position is fully remote, with the employee being required to work from [Employee Address].
4. Employment Status, Work Schedule, and Overtime
- Option A: Full-time employment.
- Option B: Full-time, exempt employee. Work schedule is Monday-Friday, [Start Time] to [End Time], with a [Length] minute lunch break.
- Option C: Full-time, non-exempt employee. Work schedule is Monday-Friday, [Start Time] to [End Time], with a [Length] minute lunch break and two 10-minute rest breaks. Employee is eligible for overtime pay in accordance with California law. Maximum hours limitations apply under California law.
5. Compensation
- Option A: Base salary of [Salary Amount] per year, paid [Pay Frequency] on [Day of Week].
- Option B: Hourly wage of [Hourly Wage] per hour, paid [Pay Frequency] on [Day of Week].
- Non-discretionary bonus/incentive: [Bonus/Incentive Details].
- Payment method: [Direct Deposit/Check].
- Compliance with California minimum wage and overtime rules.
- Wage statement requirements in accordance with California law.
- Payroll deductions will be made in strict accordance with California law.
6. Benefits
- Option A: Benefits package includes health, dental, and vision insurance.
- Option B: Benefits package includes:
- Health insurance.
- Dental insurance.
- Vision insurance.
- 401(k) or retirement plan.
- Paid vacation: [Number] days per year.
- Sick leave: [Number] days per year, complying with California mandatory sick leave laws and any applicable local ordinances.
- Holiday pay: [Number] paid holidays.
- Bereavement leave: [Number] days.
- Parental leave under California law.
- Employee assistance program/wellness benefits.
- All benefits are subject to change per company policy and in compliance with California law.
7. Intellectual Property and Records Ownership
All HR documentation, procedural texts, forms, handbooks, and process improvements developed during employment are the property of Employer.
8. Confidentiality
Employee shall maintain strict confidentiality regarding all employee, applicant, and organizational data, HR processes, trade secrets, and investigations. This obligation survives termination. Compliance with California privacy laws, including CCPA. Unauthorized use, disclosure, or external dissemination of company HR information is prohibited.
9. Restrictive Covenants
In accordance with California law, non-compete clauses are generally void. Employee agrees not to directly solicit clients or employees of Employer, nor to misuse Employer's confidential business information.
10. Conflicts of Interest
Employee must obtain written approval from Employer before engaging in any outside employment or consulting related to HR or employee data.
11. Professional Conduct and Ethical Standards
Employee will maintain impartiality in investigations, comply with anti-retaliation policies, adhere to mandatory reporting obligations, and abide by anti-discrimination, anti-harassment, and EEO principles, including California's protected statuses (race, color, ancestry, national origin, religion, disability, gender identity and expression, sexual orientation, marital status, age, military/veteran status, genetic information, etc.).
Ongoing compliance with state-mandated HR/EDI training is required.
12. Employee Complaint Intake and Investigation
Employee will adhere to established protocols for handling employee complaints, conducting investigations, and protecting against retaliation, as required by FEHA.
13. Employee Records and Background Checks
Employee will handle employee records and background checks in compliance with California law and FCRA.
14. At-Will Employment
Employment is at-will and may be terminated by either party at any time, with or without cause or notice, subject to applicable law.
15. Termination Procedures
- Option A: Voluntary resignation requires [Number] weeks' written notice.
- Option B: Involuntary termination, layoff, or restructuring will be handled in accordance with California law.
- Final wage payment will be made within the timeframes required by California law, including same-day payment upon discharge.
- Benefits continuation as required by law.
- Return of all company property and information is required upon termination.
16. Dispute Resolution
Employer encourages internal complaint resolution. Mediation and binding arbitration (if agreed) may be used, governed by California law and local venue.
17. Employee Rights
Employee retains all rights under California's whistleblower, labor board, and retaliation statutes.
18. Acknowledgement of Policies
Employee acknowledges receipt and understanding of all state-mandated policies, including the latest versions of the company’s anti-harassment, meal/rest break, and wage theft prevention notices.
19. Cal/OSHA Compliance
Employee shall comply with Cal/OSHA safety protocols and report workplace injuries.
20. Professional Development
Employee will participate in company-sponsored HR professional development, certification programs, and legal update briefings relevant to California HR practice.
21. Statutory Leaves
Employee is eligible for statutory leaves (CFRA, PDL, disability, military, jury duty) and will follow employer processes for requesting and documenting such leaves.
22. Post-Employment Matters
Company policy regarding reference checks, data portability, and employment verification after separation will apply.
23. Data Privacy
Employee agrees to comply with data privacy requirements, including CCPA, and employer's policy for destruction or archival of employee data post-termination. Employee retains rights regarding personal information under California law.
24. Updates to Agreement
Employer may update sections of this Agreement due to changes in California employment law or company practice, with notification and consent requirements.
25. Worker Classification
Employee is classified as [Exempt/Non-Exempt] per California's duties and salary basis test.
26. Modification of Job Duties
Employer reserves the right to modify job duties in light of changes in state law or company needs, with proper notice.
27. Industry-Specific Rules
- Option A: Not Applicable.
- Option B: This position is subject to the following industry-specific rules: [Industry Rule Details]
28. Local Ordinances
Employee is responsible for adhering to local municipal law overlays applicable to the primary work location.
By signing below, both parties acknowledge they have read, understood, and agree to the terms of this Agreement.
____________________________
[Employer Representative Name], [Employer Representative Title]
[Employer Legal Name]
____________________________
[Employee Legal Name]
Date: [Date]