Colorado graphic designer employment contract template

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How Colorado graphic designer employment contract Differ from Other States

  1. Colorado places specific restrictions on non-compete clauses, only allowing them in limited circumstances by state law.

  2. Colorado requires clear disclosure of overtime and rest break policies under state labor laws, which may differ from other states.

  3. The use of independent contractor classifications is closely monitored in Colorado, with strict guidelines impacting designer contracts.

Frequently Asked Questions (FAQ)

  • Q: Is a non-compete clause enforceable in Colorado graphic designer contracts?

    A: Non-compete clauses are generally unenforceable in Colorado except under specific situations, such as protecting trade secrets.

  • Q: Do Colorado laws require overtime pay for graphic designers?

    A: Yes, Colorado labor laws mandate overtime pay for eligible employees working over 40 hours per week, unless otherwise exempt.

  • Q: Are employment contracts for graphic designers in Colorado required to be in writing?

    A: While not always legally required, a written employment contract is strongly recommended for clarity and protection for both parties.

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Colorado Graphic Designer Employment Agreement

This Colorado Graphic Designer Employment Agreement (the “Agreement”) is made and effective as of [Date of Signature] by and between:

[Employer Name], a [State of Incorporation] corporation with its principal place of business at [Employer Address] (“Employer”),

and

[Employee Name], residing at [Employee Address] (“Employee”).

1. Position and Job Description

Employee is hired as a full-time Graphic Designer.

Option A:

Employee will be responsible for creating visual materials, including digital layouts, branding assets, marketing collateral, print designs, digital advertisements, and UI/UX graphics, using industry-standard software such as Adobe Creative Suite, Figma, and Sketch. Responsibilities also include creative concept development, client or team collaboration, adherence to brand guidelines, managing multiple design projects, participation in feedback and revision processes, and ensuring compliance with accessibility standards for digital designs as required by law.

Option B:

The Employee's specific duties and responsibilities shall include: [List Specific Duties]. These duties may be modified by the Employer from time to time.

2. Reporting and Collaboration

Employee will report to [Manager Name/Title] and is expected to actively participate in team meetings and cross-functional collaboration.

Option A: Employee will report to the [Department Name] department.

Option B: Employee will report directly to the [CEO/President/Director Name].

3. Work Location

The primary work location will be:

Option A: Employer’s facility located at [Employer Address] in Colorado.

Option B: Remote work arrangement subject to Employer’s remote work policy. Employee’s primary work location for tax purposes is [Employee Address] in Colorado.

Sub-clause 1: Employer will reimburse Employee for necessary home office equipment, internet, and workspace expenses as required by Colorado law and Employer’s policy.

Sub-clause 2: Reimbursement is subject to the employee submitting proof of payment in compliance with company expense policies.

4. Employment Status and Hours

Employment is full-time.

Option A: The standard workweek is [Number] hours per week.

Option B: Employee is subject to Colorado minimum wage compliance, standard weekly hours, overtime eligibility and calculation per Colorado Overtime and Minimum Pay Standards (COMPS) Order, mandated meal and rest breaks.

Sub-clause 1: Overtime will be compensated at a rate of 1.5 times the regular hourly rate for hours worked over 40 in a workweek, as required by Colorado law.

Sub-clause 2: Employee is eligible for flexible work hours or compressed workweeks, subject to Employer's approval and in compliance with Colorado law.

5. Compensation and Benefits

Option A: Annual Salary: The Employee’s annual salary will be [Salary Amount], payable in accordance with the Employer’s regular payroll schedule (bi-weekly/monthly).

Option B: Hourly Wage: The Employee’s hourly wage will be [Hourly Wage Amount], payable in accordance with the Employer’s regular payroll schedule (bi-weekly/monthly).

Sub-clause 1: Pay dates are [Specify Pay Dates/Cycles], in line with Colorado’s wage payment laws.

Sub-clause 2: Employee is eligible for merit-based bonuses, commissions for exceeding project deliverables, or design-related incentives as outlined in the Employer’s bonus plan.

Benefits include:

Health, dental, and vision insurance options.

Access to retirement plans (401(k) or PERA if applicable).

Paid time off, including sick leave accrual under Colorado’s Healthy Families and Workplaces Act, COVID-related, and caregiving leave.

State-mandated paid holidays.

Potential benefits for parental leave as per Employer policy.

Option A: Technology stipend of [Dollar Amount] per month.

Option B: Continuing education and design tool reimbursement up to [Dollar Amount] per year.

6. Intellectual Property

All design assets, drafts, templates, and copyrighted works created during employment are the property of the Employer, per Colorado IP and work-for-hire statutes.

Option A: Employee assigns all copyrights to the Employer for both digital and print work.

Option B: Employee requires explicit written approval from the Employer for public display or use of company-related work in their portfolio.

7. Confidentiality

Employee agrees to maintain the confidentiality of client branding, company trade secrets, unreleased campaigns, and proprietary workflows, with this obligation surviving termination of employment and subject to the Colorado Uniform Trade Secrets Act.

Option A: Post-employment confidentiality obligations extend for [Number] years.

Option B: Employee must obtain company approval before engaging in freelance work or side creative projects.

8. Indemnification

Employee agrees to indemnify the Employer against any claims arising from copyright infringement, misuse of licensed materials, or unauthorized use of third-party content.

9. Anti-Discrimination and Equal Employment Opportunity

The Employer is committed to an inclusive, accessible, and diverse work environment and complies with all applicable Colorado laws prohibiting discrimination based on race, color, creed, religion, national origin, gender identity, gender expression, sexual orientation, disability, age, and all other protected categories, including protections against hair discrimination under Colorado’s CROWN Act.

10. Behavioral Standards

Employee agrees to adhere to professional design ethics, use lawfully licensed fonts, images, and other assets, comply with company digital asset management practices, provide regular project milestone reporting, meet agreed timelines, participate in performance reviews, and conform to security protocols for digital file storage and transmission.

Option A: Use of lawfully licensed fonts, images, and other assets will be audited on a [Frequency] basis.

Option B: Employee shall comply with security protocols for digital file storage and transmission, including policies on the use of personal laptops or design tools.

Sub-clause 1: Company approval is required for use of AI tools for design work, including consideration of copyright implications.

11. At-Will Employment

Employment is at-will, meaning either party may terminate the relationship at any time, with or without cause or notice, subject to the following:

Option A: Employee must provide [Number] weeks written notice of resignation.

Option B: Employer may dismiss Employee for cause, subject to written notice and an opportunity to respond, as required by the Colorado Wage Claim Act.

Sub-clause 1: In the event of termination, Employee will receive accrued PTO payout and any severance pay as outlined in the Employer’s severance policy.

Sub-clause 2: Upon termination, Employee must return all company-owned hardware, software, and licenses.

12. Post-Employment Restrictions

Option A: Non-Solicitation: Employee agrees not to solicit the Employer’s clients or employees for a period of [Number] months following termination of employment, limited to [Specific Clients/Employees].

Option B: Non-Compete: To the extent permitted by Colorado law, Employee agrees not to engage in competitive activities within [Specific Geographic Area] for a period of [Number] months following termination of employment.

Sub-clause 1: Any non-compete provision is subject to Colorado’s legal limitations and requires clear written advance notice.

13. References and Portfolio

The Employer will provide references consistent with its standard policy. Employee may use public work samples in their professional portfolio, subject to obtaining the Employer’s prior written consent.

14. Workers’ Compensation and Safety

Employee is covered by the Employer’s workers’ compensation insurance. The Employer complies with Colorado OSHA/occupational safety obligations for both on-site and remote work. Resources for employee mental health/wellness are available as required under Colorado law.

15. Dispute Resolution

Any disputes arising under this Agreement shall be resolved through direct negotiation and optional workplace mediation. Colorado courts and Colorado law shall govern the enforcement of this Agreement.

16. Colorado Secure Savings Program

The Employer will provide notice to the Employee regarding the Colorado Secure Savings Program, as required by law.

17. Recordkeeping and Wage Statements

The Employer complies with recordkeeping and wage statement requirements as mandated by Colorado labor authorities.

18. Remote/Hybrid Role Flexibility

This Agreement supports remote/hybrid role flexibility.

Option A: Employer offers allowances for local industry networking/education.

Option B: Employer will provide support for attendance at Colorado-based design conferences.

19. Amendment

All terms of this Agreement are subject to amendment to reflect future changes in Colorado law or local practices that impact graphic designer employment.

20. Entire Agreement

This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous communications and proposals, whether oral or written.

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]

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