California production worker employment contract template
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How California production worker employment contract Differ from Other States
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California mandates overtime pay after 8 hours per day, not just 40 hours per week, which differs from many other states.
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Meal and rest break requirements are stricter in California, with mandatory paid rest periods and unpaid meal breaks.
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California prohibits most non-compete clauses in employment contracts, making such provisions unenforceable in most cases.
Frequently Asked Questions (FAQ)
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Q: Is meal and rest break compliance mandatory in California?
A: Yes, California law requires specific meal and rest breaks for production workers, and non-compliance may result in penalties.
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Q: Can a California production worker employment contract include a non-compete clause?
A: Generally, non-compete clauses are unenforceable in California employment contracts except in very limited situations.
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Q: Does California have different overtime rules than other states?
A: Yes, overtime in California begins after 8 hours in a day or 40 hours in a week, which is more protective than federal law.
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California Production Worker Employment Contract
This California Production Worker Employment Contract (the "Agreement") is made and entered into as of [Date] by and between [Company Name], a [State] [Entity Type] with its principal place of business at [Company Address] ("Employer"), and [Employee Name], residing at [Employee Address] ("Employee").
Employment.
Option A: Employer hereby employs Employee as a Production Worker, and Employee hereby accepts such employment.
Option B: Employer intends to employ Employee as a Production Worker, contingent upon successful completion of [Contingency, e.g., background check, drug screen].
Position and Duties.
The Employee's position is Production Worker.
The Employee's duties shall include, but are not limited to:
- Operating production equipment in a safe and efficient manner.
- Adhering to all safety protocols and procedures.
- Performing routine machine maintenance and inspection.
- Handling materials as required.
- Conducting quality checks on finished products.
- Reporting equipment malfunctions promptly.
- Using personal protective equipment (PPE) as required.
- Complying with posted workflow and line productivity standards.
- Participating in safety and skills training sessions as required.
- Other duties as assigned by Employer.
The Employee will report to [Direct Supervisor Name], [Direct Supervisor Title], and the organizational reporting structure is as follows: [Reporting Structure Description].
Department: [Department Name]
Work Location and Schedule.
The Employee's primary work location is [Work Location Address].
The Employee's assigned shift is [Shift Time, e.g., 7:00 AM to 3:30 PM].
- Option A: The Employee's shift schedule is fixed.
- Option B: The Employee's shift schedule may rotate, and the Employee will be provided with [Number] days' notice of any shift changes.
Standard weekly hours are [Number] hours per week.
Compensation and Benefits.
The Employee's hourly wage is [Dollar Amount] per hour, payable [Frequency, e.g., weekly, bi-weekly].
Overtime will be paid at the rate of one and one-half (1.5) times the Employee's regular hourly rate for all hours worked over eight (8) in a workday or forty (40) in a workweek, and double time for hours worked over twelve (12) in a workday or on the seventh consecutive day of work in a workweek, as required by California law.
Option A: The employee is not eligible for split shift or night work premiums.
Option B: The employee is eligible for a split shift premium of [Amount] or a night work premium of [Amount].
Wage deductions will be made for applicable taxes and, if applicable, union dues.
- Option A: This position is not covered by a piece-rate system.
- Option B: This position is covered by a piece-rate system. The Employer guarantees that the piece-rate will allow the Employee to earn at least the minimum hourly rate required by California law and compensation for rest/recovery periods.
The employee will receive a wage statement in compliance with California Labor Code section 226. The employee should review the wage statement and promptly notify [Contact Person/Department] of any discrepancies.
Employee will be eligible for the following benefits:
- Health insurance: [Health Insurance Details, e.g., eligibility date, plan options]
- Dental insurance: [Dental Insurance Details, e.g., eligibility date, plan options]
- Vision insurance: [Vision Insurance Details, e.g., eligibility date, plan options]
- Sick leave: Accrued at a rate of [Accrual Rate] per [Time Period, e.g., hour worked], up to a maximum accrual of [Maximum Accrual Amount] or [Number] days.
- Vacation leave: Accrued at a rate of [Accrual Rate] per [Time Period, e.g., hour worked], subject to the Employer's vacation policy.
- Paid holidays: [List of Paid Holidays]
- Short-term disability: [Disability Insurance Details]
- Long-term disability: [Disability Insurance Details]
- Workers’ compensation: As mandated by California law.
- CalSavers: Employee will have access and receive notice regarding the CalSavers retirement plan (or equivalent employer plan).
- Fitness for Duty / Workplace Wellness Program: [Program Details, if applicable]
Meal and Rest Breaks.
Employee is entitled to a 30-minute unpaid meal break for shifts exceeding five (5) hours, and a 10-minute paid rest break for every four (4) hours worked, in accordance with California law and the applicable Industrial Welfare Commission (IWC) Wage Order.
Safety.
The Employee is required to participate in safety training, including Cal/OSHA, hazard communication, and injury and illness prevention programs.
The Employee is responsible for performing utility and maintenance tasks only as trained and directed by the Employer. The Employee is required to participate in emergency drills.
The Employee will be issued the following PPE: [List of PPE] and is required to use such PPE at all times when required by the Employer.
The Employee must immediately report all accidents, injuries, close-call events, and safety violations to [Contact Person/Department].
Employer will protect whistleblowers under California Labor Code 6310.
Anti-Harassment and Anti-Discrimination.
Employer is committed to providing a workplace free from harassment and discrimination in violation of California's Fair Employment and Housing Act (FEHA). This commitment applies to all aspects of employment, including hiring, promotion, compensation, and termination.
Employee must report any incidents of harassment or discrimination to [Contact Person/Department]. The Employer will promptly investigate all such reports.
Confidentiality.
Employee agrees to hold confidential all proprietary information of the Employer, including manufacturing processes, trade secrets, supplier and customer information, and product specifications.
This confidentiality obligation shall survive the termination of employment.
Intellectual Property.
All process improvements, inventions, or work products developed by the Employee within the scope of employment shall be the sole property of the Employer.
Work Rules and Conduct.
Employee is expected to adhere to the Employer's work rules and conduct policies, including those related to attendance, punctuality, and time clock procedures.
- Tardiness, absenteeism, and other violations of company policy will be subject to disciplinary action, up to and including termination. The steps of progressive discipline are [Description of Progressive Discipline Process].
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 California law.
Termination.
In the event of voluntary resignation, Employee must provide the Employer with [Number] days' written notice.
In the event of involuntary dismissal, the Employer will comply with all applicable California laws regarding final paychecks, accrued vacation payout, and itemized statements.
Procedures for return of company equipment, uniforms, and tools upon separation are outlined in [Document Name/Location].
Dispute Resolution.
Any disputes arising out of or relating to this Agreement or the Employee's employment shall be resolved through mandatory pre-litigation conference, mediation, and binding arbitration in [City, California], in accordance with California law. The arbitration shall be administered by [Arbitration Provider], and the costs of arbitration shall be borne as follows: [Cost Allocation].
Compliance with Laws.
Employer will comply with all applicable wage orders for the production/manufacturing sector, including those related to meal and rest breaks, timekeeping practices, and reporting requirements.
Accommodation of Disabilities.
Employer will provide reasonable accommodations for employees with disabilities as required by California law.
Union Membership.
- Option A: Union membership is not required for this position.
- Option B: Union membership in [Union Name] is required for this position. Employee agrees to pay any applicable union dues or agency fees.
Employment Handbook.
The Employee acknowledges receipt of the Employer's Employment Handbook and agrees to be bound by its terms. The Employment Handbook may be updated or amended from time to time. Employee is responsible for reviewing all updates.
Other Provisions.
Employer complies with all applicable laws regarding immigration verification (I-9), notice of EEO rights, wage theft, minimum wage, sick leave, and Wage Theft Prevention Act notice requirements.
Governing Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
____________________________
[Employer Name]
By: ____________________________
[Employer Representative Name]
Title: [Employer Representative Title]
____________________________
[Employee Name]