Florida HR assistant employment contract template

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How Florida HR assistant employment contract Differ from Other States

  1. Florida follows at-will employment, allowing termination without cause or notice unless otherwise stated in the contract.

  2. Florida law prohibits non-compete restrictions that are overly broad in time, geography, or scope, which must be specifically defined.

  3. Florida does not require paid sick leave by state law, whereas other states may mandate employer-provided sick leave benefits.

Frequently Asked Questions (FAQ)

  • Q: Is an employment contract required for HR assistants in Florida?

    A: No, but having a written contract is recommended to outline job duties, compensation, and protect both parties.

  • Q: Can an HR assistant be terminated without notice in Florida?

    A: Yes, Florida is an at-will state, meaning termination can occur at any time unless the contract states otherwise.

  • Q: Are non-compete clauses enforceable for HR assistants in Florida?

    A: Yes, but only if they are reasonable in time, area, and protect legitimate business interests as defined by Florida law.

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Florida HR Assistant Employment Contract

This Florida HR Assistant Employment Contract (the “Agreement”) is made and entered into as of [Date], by and between [Employer Name], a [State] [Entity Type] with its principal place of business at [Employer Address] (“Employer”), and [Employee Name], residing at [Employee Address] (“Employee”).

1. Position

The Employer hires Employee as a full-time HR Assistant.

The Employee accepts employment as HR Assistant and agrees to perform the following duties:

  • Onboarding and offboarding of employees in accordance with company policy and Florida law.
  • Maintaining and updating employee personnel files, both physical and electronic, in compliance with Florida record retention requirements.
  • Administering payroll processes, ensuring compliance with Florida minimum wage and wage payment requirements.
  • Assisting in ensuring compliance with Florida-specific labor regulations.
  • Supporting employee relations and conflict resolution, escalating issues as necessary.
  • Assisting with benefits administration, including enrollment, changes, and terminations.
  • Handling recruitment logistics, including posting jobs, scheduling interviews, and conducting initial screenings.
  • Preparing reports required by state agencies, such as unemployment insurance filings.
  • Processing background checks consistent with Florida statutes.
  • Managing sensitive personal data per Florida privacy law.
  • Ensuring compliance with federal and Florida-specific employment law postings (e.g., workers' compensation, unemployment insurance, E-Verify).

2. Work Location

  • Option A: The Employee's primary work location will be [Employer Address]. Employee is expected to be on-site during normal business hours.
  • Option B: The Employee will work remotely. Remote work is subject to Employer's remote work policy, including data security and document handling protocols specific to Florida.
  • Option C: The Employee's work location will be hybrid, with [Number] days per week at [Employer Address] and the remaining days remote.

3. Employment Status

  • The position is full-time, with a standard work week of [Number] hours.
  • Option A: Employee will use [System Name] to record work time accurately.
  • Option B: Employee is a salaried employee and is not required to track work time.
  • Meal and rest breaks will be in accordance with company policy. Although Florida does not mandate breaks, the company provides [Number] minute(s) for lunch and [Number] minute(s) for rest.

4. Overtime

Employee's eligibility for overtime pay will be determined in accordance with the Fair Labor Standards Act (FLSA). Overtime will be paid at one and one-half times the Employee's regular rate of pay for all hours worked over 40 in a workweek. Florida has no additional state overtime rules.

5. Compensation

  • Option A: The Employee's starting salary will be [Dollar Amount] per year, payable [Frequency of Payment].
  • Option B: The Employee's hourly wage will be [Dollar Amount] per hour, payable [Frequency of Payment]. This rate is equal to or greater than Florida's minimum wage.
  • The method of payment will be [Direct Deposit/Check].
  • Deductions will be made for applicable federal taxes and other legally required deductions. Florida has no state income tax.
  • Option A: Employee is eligible for a bonus of up to [Dollar Amount or Percentage] based on [Performance Metrics].

6. Benefits

Eligibility for benefits is subject to the terms and conditions of the Employer's benefit plans.

The Employer offers the following benefits:

  • Health Insurance: Eligibility begins [Number] days after start date.
  • Dental Insurance: Eligibility begins [Number] days after start date.
  • Vision Insurance: Eligibility begins [Number] days after start date.
  • Retirement Plan (e.g., 401(k)): Eligibility and matching contribution details are outlined in the plan document.
  • Paid Time Off (PTO): Accrual rate is [Number] days per year. This includes consideration for sick leave even though Florida has no statewide mandate.
  • Holidays: The company observes the following holidays: [List of Holidays].
  • Family and Medical Leave: Subject to FMLA eligibility requirements.
  • Employee Assistance Program (EAP): Available to all employees.
  • Option A: Parking/Transportation Benefits: [Description].
  • Option B: Professional Development/HR Certification Reimbursement: Up to [Dollar Amount] per year for approved courses.
  • Employee is eligible for unemployment and workers’ compensation under Florida law.

7. Confidentiality

Employee acknowledges that during the course of employment, Employee will have access to confidential and proprietary information of the Employer and its employees. Employee agrees to hold such information in strict confidence and not to disclose it to any third party, both during and after employment, in compliance with Florida's privacy laws and record retention laws.

8. Intellectual Property

All manuals, forms, processes, and HR materials created by the Employee in the course of employment shall be the sole property of the Employer.

9. Anti-Discrimination

The Employer is an equal opportunity employer and prohibits discrimination based on race, color, religion, sex, pregnancy, marital status, age, disability, national origin, genetic information, or any other protected characteristic as defined by federal and Florida law, including Florida Statutes Chapter 760.

10. Company Policies

Employee agrees to abide by all company policies, including the Code of Conduct, workplace vaping/smoking regulations (if any), and harassment-free environment policy.

11. Reporting Structure

Employee will report to [Supervisor Name], [Supervisor Title].

12. Background Check and Eligibility Verification

Employment is contingent upon successful completion of a background check and verification of eligibility to work in the United States (I-9 compliance and E-Verify if applicable per Florida Statute 448.095).

13. Personnel Records

The Employer will maintain personnel records in accordance with Florida's statutory retention schedules.

14. Training

Employee will participate in mandatory training, including compliance with required federal and Florida-specific notices and postings, and any required sexual harassment prevention training.

15. Termination

  • Employment is at-will, meaning that either party may terminate the employment relationship at any time, with or without cause or notice, subject to applicable law.
  • Upon termination, Employee will receive a final paycheck in accordance with company policy.
  • Employee must return all Employer property upon termination.
  • Information regarding COBRA and health insurance continuation will be provided upon termination.
  • Option A: Severance: Upon involuntary termination without cause, Employee will receive [Number] weeks of severance pay.

16. Regulatory Reporting

Employee will assist with Florida-specific regulatory reporting requirements, including unemployment insurance and workers’ compensation claims support.

17. Dispute Resolution

  • Option A: Any disputes arising out of or relating to this Agreement shall be resolved through binding arbitration in [City, Florida].
  • Option B: Any disputes arising out of or relating to this Agreement shall be resolved in the state courts of Florida, with venue in [County, Florida].

18. Anti-Retaliation

The Employer prohibits retaliation against employees who report concerns or violations of law or company policy.

19. Non-Compete/Non-Solicitation

  • Option A: Non-Compete: Employee agrees to the following non-compete restrictions: [Detailed description of restrictions, including duration, geographic scope, and restricted activities. Must be narrowly tailored and comply with Florida Statute 542.335.]
  • Option B: Non-Solicitation: Employee agrees not to solicit employees or customers of the Employer for a period of [Number] years following termination of employment.
  • Option C: No Non-Compete/Non-Solicitation: There are no non-compete or non-solicitation restrictions.

20. Intellectual Property (HR Systems)

Employee agrees to comply with all licensing and confidentiality requirements related to any software or systems used for HR purposes.

21. Compliance with Laws

Employee agrees to comply with all applicable federal, state, and local employment laws.

22. "Ban the Box" (if applicable)

If the Employer is a public sector employer subject to Florida's "Ban the Box" law, the Employer will comply with the requirements of that law.

23. Internal Investigations

Employee agrees to participate in internal investigations, audits, or compliance reviews as requested by the Employer.

24. At-Will Employment

Nothing in this Agreement shall be construed to alter the at-will nature of the employment relationship.

25. Training/Continuing Education

  • Option A: The Employer will provide opportunities for training and continuing education in HR best practices and legal compliance.
  • Option B: The Employer will reimburse Employee for approved training and continuing education expenses up to [Dollar Amount] per year.

26. Florida Statutes Referenced

This agreement references aspects of Florida Statutes Chapters 448, 443, 440, and 760.

27. Acknowledgment

Employee acknowledges receipt of the company handbook and required notices.

28. 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: [Name of Authorized Representative]

Title: [Title of Authorized Representative]

[Employee Name]

[Employee Signature]

Date: [Date]

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