California maintenance technician employment contract template

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How California maintenance technician employment contract Differ from Other States

  1. California requires written disclosure of employment terms, including wage rates and paydays, under Labor Code Section 2810.5.

  2. California mandates strict overtime regulations, with overtime paid at 1.5x after 8 hours/day or 40 hours/week, exceeding federal requirements.

  3. Non-compete clauses are unenforceable in California, while other states may allow limited non-compete agreements for employees.

Frequently Asked Questions (FAQ)

  • Q: Does a California maintenance technician employment contract need to be in writing?

    A: It is strongly recommended. Some terms, like pay rates and job duties, must be disclosed in writing under California law.

  • Q: Are meal and rest breaks required for maintenance technicians in California?

    A: Yes. Employers must provide meal and rest breaks according to California Labor Code, based on hours worked.

  • Q: Can a California maintenance technician employment contract include a non-compete clause?

    A: No. California law prohibits non-compete clauses in employment contracts, with very limited exceptions.

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California Maintenance Technician Employment Contract

1. Agreement

This agreement is made as of [Date], by and between [Employer Full Legal Name], located at [Employer Full Address] (hereinafter "Employer"), and [Employee Full Legal Name], residing at [Employee Full Address] (hereinafter "Employee").

Option A: This is a full-time employment agreement.

Option B: This is a part-time employment agreement. (Amend all mentions of "full-time" accordingly if choosing this option)

2. Position

The Employer hereby employs the Employee as a Maintenance Technician.

Option A: Reporting directly to the [Reporting Manager Title, e.g. Facilities Manager].

Option B: Reporting directly to the [Reporting Manager Title, e.g. Chief Engineer].

The Employee shall perform the following duties:

  • Routine inspection, repair, and preventive maintenance of mechanical, electrical, plumbing, HVAC, and building systems.
  • Responding to urgent maintenance requests.
  • Maintaining and repairing tools and equipment.
  • Maintaining accurate maintenance logs per California requirements.
  • Complying with all OSHA, Cal/OSHA, and local safety standards.
  • Regular participation in safety and equipment training.
  • Conducting site walks and safety checks.
  • Timely completion of assigned work orders via designated systems.
  • Interaction with colleagues, tenants, or building management as required.

The Employee will primarily be responsible for the following facilities/systems: [Describe facilities and systems, e.g., residential buildings, commercial HVAC systems].

3. Work Location & Travel

The primary work location is [Address of Primary Work Location].

Option A: The Employee may be required to work at multiple sites in [City/County/Region].

Option B: The Employee may be required to travel throughout California.

Travel time will be compensated in accordance with California law.

4. Tools & Uniforms

Option A: The Employer will provide all necessary tools, uniforms, and safety gear.

Option B: The Employee is responsible for providing their own basic hand tools. The Employer will provide specialized tools and safety gear.

  • The Employer will reimburse the Employee up to [Dollar Amount] for tool purchases.

The Employer is responsible for maintaining and replacing Employer-provided tools.

5. Work Schedule & Overtime

The Employee’s regular work schedule is [Days of the week], [Start Time] to [End Time].

Option A: The Employee may be required to work rotating shifts.

Option B: The Employee may be required to work weekends and holidays.

The Employer will provide meal and rest breaks in accordance with California law.

Overtime will be compensated at time and a half for hours worked over 8 in a workday, or 40 in a workweek.

Double time will be compensated for hours worked over 12 in a workday.

Overtime will be compensated for the first 8 hours worked on the seventh consecutive day in a workweek, with time and a half pay; hours worked beyond 8 on the seventh consecutive day will be compensated at double-time.

On-call time will be compensated in accordance with California law.

Split shift premiums will be paid in accordance with California law.

Reporting time pay will be provided in accordance with California law.

6. Compensation

The Employee will be paid at an hourly rate of [Dollar Amount].

Paychecks will be issued [Pay Frequency, e.g., bi-weekly].

The payroll cycle ends on [Day of the Week], and paychecks are issued on [Day of the Week].

Example Overtime Calculation: An employee working 10 hours in a day will be paid their regular rate for the first 8 hours and time and a half for the next 2 hours.

Option A: The Employee will receive a shift differential of [Dollar Amount] per hour for [Specify Shift].

Option B: The Employee will receive a tool allowance of [Dollar Amount] per month.

7. Performance Bonus

Option A: The Employee may be eligible for a performance bonus based on [Criteria, e.g., productivity, response times, safety].

Option B: There are no performance bonuses associated with this role.

8. Benefits

The Employee is eligible for the following benefits:

  • Medical, dental, and vision insurance.
  • Workers’ compensation insurance.
  • Paid holidays: [List Holidays].
  • California-compliant paid sick leave (at least 24 hours or 3 days per year).
  • Vacation accrual: [Accrual Rate].
  • Eligibility for State Disability Insurance (SDI).
  • Participation in state-mandated retirement programs (e.g., CalSavers, if applicable).

9. Training & Certifications

The Employee is required to participate in all safety training programs provided by the Employer.

The Employee is required to participate in Cal/OSHA training.

The Employee must maintain up-to-date [Specific Certifications, e.g., EPA Section 608 Certification].

Option A: The Employer will pay for continuing education or recertification related to the position.

Option B: The Employee is responsible for paying for all continuing education or recertification.

10. Confidentiality

The Employee agrees to maintain the confidentiality of tenant information, facility security codes, and proprietary maintenance procedures.

11. Intellectual Property

All procedural improvements, repair logs, maintenance innovations, or manuals developed by the Employee during the course of their employment are the property of the Employer.

12. Outside Work

The Employee is prohibited from performing unauthorized outside work for competitors of the Employer during their employment. This does not restrict the employee from engaging in any legal activities outside of work.

13. Termination

This is an at-will employment agreement. Either party may terminate the employment relationship at any time, with or without cause, subject to California law.

Upon termination, the Employer will provide the Employee with final pay within the timeframe required by California law, including all accrued wages, commissions, and unused vacation time.

The Employee must return all company property, keys, and access cards upon termination.

14. Disciplinary Procedures

The Employer will follow progressive disciplinary procedures for safety violations, insubordination, or other performance issues, consistent with California “just cause” and progressive discipline best practices.

15. Background Checks

The Employer may conduct background checks in compliance with the California Fair Chance Act.

16. Equal Employment Opportunity

The Employer is an equal opportunity employer and does not discriminate based on race, color, national origin, sex, gender identity, sexual orientation, age, disability, marital status, veteran status, or any other characteristic protected by California law. The Employer provides mandatory harassment prevention training as required by California law.

17. Workplace Safety

The Employee must adhere to all Cal/OSHA workplace safety rules.

The Employer maintains an Injury Prevention Program (IIPP).

The Employee must report unsafe conditions immediately.

The Employer will investigate all accidents and facilitate proper medical evaluation.

The Employer will provide reasonable accommodations for disabilities under California’s FEHA law.

The Employer will conduct regular safety meetings and provide hazard communication training (e.g., California Proposition 65).

18. Dispute Resolution

Any disputes arising out of or relating to this agreement will be resolved through good faith negotiation, mediation, or non-binding arbitration prior to litigation.

This agreement shall be governed by and construed in accordance with the laws of the State of California. Venue for any legal action shall be [County in California] County, California.

19. Badges and Access

The Employee must wear a company-issued badge at all times while on duty.

The Employee is authorized to access the following areas: [List areas].

20. Company Vehicle (If Applicable)

Option A: The Employee will be provided with a company vehicle.

  • The Employee must maintain a valid California driver’s license and will be subject to DMV background checks.
  • The Employee must comply with all California driving laws when using the company vehicle.

Option B: The Employee is not authorized to operate a company vehicle.

21. Personal Device Use & Privacy

The Employee’s use of personal devices on company property is subject to the Employer’s policies.

The Employee acknowledges that surveillance may be in place for building security purposes.

22. Wage Notice Requirements

The Employer will comply with all California wage notice requirements, including providing pay rates, timekeeping obligations, sick leave accrual statements, and proper wage statement disclosures per Labor Code Section 226.

23. Compliance with Law

Any employment policies referenced herein are compliant with California labor, safety, and wage hour laws. This agreement may be amended to maintain compliance with applicable law.

This agreement is adapted to the particular employer’s site, facility type, and equipment profile.

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


____________________________

[Employer Representative Name]


____________________________

[Employee Name]

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