California office assistant employment contract template

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How California office assistant employment contract Differ from Other States

  1. California mandates daily overtime pay after 8 hours in a day, unlike most states which require only weekly overtime after 40 hours.

  2. Employers in California are required by law to provide specific meal and rest breaks, which is not uniformly required in many other states.

  3. California strictly prohibits non-compete clauses in employment contracts, unlike some other states that may permit them under certain conditions.

Frequently Asked Questions (FAQ)

  • Q: Is an employment contract required by law for office assistants in California?

    A: No, but having a written contract is highly recommended to clarify terms of employment and protect both parties.

  • Q: What is the minimum wage for office assistants under a California employment contract?

    A: As of 2024, the state minimum wage is $16 per hour, but local laws may require a higher wage. Always check local regulations.

  • Q: Can a California employment contract for office assistants be terminated at will?

    A: Yes, unless the contract specifies otherwise, employment is generally considered at-will in California, with some exceptions.

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California Office Assistant Employment Agreement

This California Office Assistant Employment Agreement (the “Agreement”) is made and entered into as of [Date], by and between [Company Legal Name], a [State] corporation with its principal place of business at [Company Address] (“Employer”), and [Employee Legal Name], residing at [Employee Address] (“Employee”).

1. Position:

  • The Employer hereby employs Employee as a full-time Office Assistant.
  • The Office Assistant position includes, but is not limited to, the following duties:
    • Managing schedules and calendars for multiple staff or executives.
    • Professional reception of visitors and phone calls.
    • Organizing and maintaining both paper and electronic filing systems.
    • Drafting and preparing routine office correspondence.
    • Supporting day-to-day administrative operations.
    • Processing office supply orders and inventory.
    • Handling incoming and outgoing mail and packages.
    • Preparing meeting agendas and minutes.
    • Setting up rooms for meetings and events.
    • Ensuring compliance with internal records retention policy.
    • Basic data entry and database upkeep.
    • Processing expense reports and travel arrangements.
    • Handling sensitive or confidential information per company policy.

2. Reporting and Supervision:

  • Option A: The Employee will report directly to [Manager's Name and Title].
  • Option B: The Employee will report to the [Department Name] Department.
  • The Employee is expected to communicate effectively with all team members and other departments.
  • The Employee [may/may not] supervise interns or temporary staff, as assigned.

3. Work Location:

  • The primary work location will be at the Employer’s office located at [Office Address], California.
  • Option A: The role [requires/does not require] in-office attendance [number] days per week.
  • Option B: This position [is/is not] eligible for hybrid or remote work. If eligible, the procedures for telecommuting and ergonomic/workspace requirements will be outlined in a separate policy compliant with Cal/OSHA standards.

4. Employment Type and Work Hours:

  • This is a full-time employment position.
  • The expected work hours are [Number] hours per week, typically from [Start Time] to [End Time], Monday through Friday.
  • Option A: The work schedule [is/is not] flexible.
  • Employee acknowledges that overtime work may be required. Overtime will be compensated in accordance with California law (1.5 times the regular rate for hours worked over 8 in a workday or 40 in a workweek, and 2 times the regular rate for hours worked over 12 in a workday).
  • Employee is entitled to meal and rest breaks as required by the California Labor Code.
  • The Employer utilizes [Timekeeping System Name] for timekeeping. Employee is responsible for accurately recording all hours worked.
  • Option A: Employee [is/is not] required to sign a meal break waiver.

5. Compensation:

  • Option A: The Employee’s hourly wage will be [Dollar Amount] per hour.
  • Option B: The Employee’s annual salary will be [Dollar Amount] per year.
  • Employee’s FLSA classification is non-exempt.
  • Employee will be paid [Frequency of Pay, e.g., bi-weekly, semi-monthly].
  • Payday is [Day of the Week].
  • Paychecks will be delivered [Method of Delivery, e.g., direct deposit, paper check].
  • Employee will receive accurate wage statements as required by California law.
  • Option A: The Employee [is/is not] eligible for a shift differential of [Dollar Amount].
  • Option B: The Employee [is/is not] eligible for a stipend of [Dollar Amount] for business-related equipment.
  • Option C: Bonuses, if any, are discretionary and subject to company policy.

6. Employee Benefits:

  • Employee is eligible for the following benefits in accordance with Employer’s policies:
    • Sick leave accrual as mandated by the Healthy Workplaces, Healthy Families Act.
    • Paid vacation and/or PTO as per company policy.
    • Paid holidays as per the company calendar.
    • Eligibility for State Disability Insurance (SDI) and Paid Family Leave (PFL) programs.
    • Eligibility for health, dental, and vision insurance.
    • Eligibility for a retirement plan (including CalSavers if no other plan is provided).
    • Workers’ compensation coverage.
    • Option A: Ergonomic assessment benefits [provided/not provided].
    • Option B: Commuter subsidies [provided/not provided].
    • Option C: Wellness programs [provided/not provided].
    • Option D: Flexible work/home office stipends [provided/not provided].

7. Required Notices and Disclosures:

  • Employee acknowledges receipt of the following notices and disclosures:
    • Wage Theft Prevention Notice.
    • Sick Leave Poster.
    • Sexual Harassment Policy Acknowledgement.
    • Option A: COVID-19 Safety Measures per Cal/OSHA (if applicable).

8. Ownership of Materials:

All files, templates, office manuals, and internal communications developed during employment are the property of the Employer. Unauthorized use or reproduction of proprietary materials after termination is prohibited.

9. Confidentiality:

Employee will have access to sensitive internal documents (HR files, payroll information, executive calendars, internal directories, confidential correspondence) and is expected to maintain strict confidentiality. Employee understands California’s definition of “trade secrets” and agrees to protect such information.

10. Non-Competition and Non-Solicitation:

Employee is expected not to perform work for competing organizations during work hours. Non-solicitation clauses relating to clients or co-workers must comply with California legal restrictions. Employee acknowledges that non-compete clauses are unenforceable in California except for explicit statutory exceptions and are not included in this Agreement.

11. Performance Standards and Conduct Requirements:

Employee is expected to maintain high standards of performance and conduct, including:

  • Punctuality and attendance.
  • Professional telephone and email etiquette.
  • Adherence to the company dress code or uniform policy.
  • Proper use of company property (copiers, printers, supplies).
  • Acceptable use of company computers and networks.
  • Restrictions on personal mobile device use during work time.
  • Adherence to the policy for securing visitor badges or access points.
  • Procedures for reporting suspected safety issues or violations.

12. Anti-Discrimination and Harassment:

The Employer is an equal opportunity employer and prohibits discrimination and harassment based on race, color, religion, sex (including pregnancy, childbirth, or related medical conditions), national origin, ancestry, age, marital status, physical or mental disability, medical condition, genetic information, sexual orientation, gender identity or expression, veteran status, or any other characteristic protected by California’s Fair Employment and Housing Act (FEHA). Employee is encouraged to report any instances of discrimination or harassment to [Contact Person and Title]. The Employer has a strict policy against retaliation. Option A: Relevant policies are available in English and [Spanish/Other Language].

13. Dispute Resolution:

The Employer encourages informal resolution of complaints and grievances. If informal resolution is not possible, the parties may pursue mediation, arbitration, or small claims court. 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 [County Name] County, California.

14. At-Will Employment:

  • 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 notice, subject to applicable California law.
  • Upon voluntary resignation, Employee must provide [Number] weeks’ written notice.
  • Upon termination by the Employer, Employee will receive a final paycheck in accordance with California Labor Code requirements.
  • Employee will be paid out any accrued benefits in accordance with Employer’s policies.
  • Employee is responsible for returning all company property upon termination.
  • Employee must handle confidential material appropriately at the end of employment.

15. California Employee Notices and Summaries:

Employee acknowledges receipt of all mandated California employee notices and summaries as required by state law.

16. Updates to Agreement:

This Agreement may be updated to comply with future changes to California labor laws. Employee will be required to sign revised agreements.

17. Optional/Adjustable Elements:

  • Option A: Trial Period: The first [Number] days of employment shall be considered a trial period.
  • Option B: Probationary Evaluation: Employee's performance will be evaluated after [Number] months.
  • Option C: Unique office policies are detailed in the Employee Handbook.

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

_______________________________

[Company Legal Name]

By: [Name of Authorized Representative]

Title: [Title of Authorized Representative]

_______________________________

[Employee Legal Name]

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