Hawaii accountant employment contract template
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How Hawaii accountant employment contract Differ from Other States
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Hawaii law mandates specific notice periods for termination that differ from many other states, including protocols for final wage payment.
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Employers in Hawaii are required to comply with unique state rules regarding health insurance coverage under the Hawaii Prepaid Health Care Act.
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The Hawaii employment contract must reflect state-mandated anti-discrimination standards, which extend protections beyond those under federal law.
Frequently Asked Questions (FAQ)
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Q: Is it mandatory to offer health insurance to accountants in Hawaii?
A: Yes, Hawaii law requires most employers to provide health insurance under the Hawaii Prepaid Health Care Act.
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Q: Are non-compete clauses enforceable in Hawaii accountant employment contracts?
A: Non-compete clauses are generally disfavored in Hawaii and may be unenforceable unless narrowly tailored.
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Q: What notice period is required for terminating an accountant in Hawaii?
A: Hawaii does not mandate a specific notice period but requires prompt payment of all wages at termination.
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Hawaii Accountant Employment Contract
This Hawaii Accountant Employment Contract (the "Agreement") is made and entered into as of [Date], by and between [Employer Name], located at [Employer Address] ("Employer"), and [Accountant Name], residing at [Accountant Address] ("Accountant").
1. Position and Responsibilities
The Employer hires the Accountant as a full-time Accountant.
Option A: The Accountant's responsibilities include, but are not limited to: general ledger management; preparation and analysis of financial statements in accordance with U.S. GAAP; state and local tax compliance, including Hawaii General Excise Tax (GET); payroll processing; accounts payable/receivable; budget planning; internal auditing; maintenance of accounting records; coordination of audits; and compliance with federal and Hawaii state financial reporting requirements.
Option B: The Accountant's responsibilities are detailed in Exhibit A attached hereto.
Exhibit A: [Document Name]
2. Qualifications and Licensing
The Accountant must possess and maintain a valid Certified Public Accountant (CPA) license in the State of Hawaii.
Option A: The Employer will reimburse the Accountant for reasonable continuing professional education (CPE) expenses necessary to maintain licensure, up to [Dollar Amount] per year, subject to pre-approval.
Option B: The Accountant is responsible for all CPE expenses.
3. Work Location and Remote Work
The primary work location for the Accountant will be at [Work Location Address], located in Hawaii.
Option A: This position is eligible for a hybrid work arrangement, as detailed in the Employer's Remote Work Policy.
Option B: This position is fully remote, contingent upon the Accountant maintaining a suitable workspace in compliance with Hawaii law.
4. Hours of Work
This is a full-time position with a standard work week of [Number] hours.
Option A: The Accountant acknowledges that extended hours may be required during peak periods, such as tax season or fiscal year-end. Overtime will be compensated in accordance with Hawaii law (HRS Chapter 387).
Option B: The specific schedule will be determined by the Employer.
5. Compensation
The Accountant will receive a base annual salary of [Dollar Amount], payable [Frequency, e.g., bi-weekly].
Option A: Overtime will be compensated at a rate of one and one-half (1.5) times the Accountant's regular hourly rate for all hours worked over forty (40) in a workweek, in accordance with Hawaii law.
Option B: The Accountant is a salaried exempt employee and is not eligible for overtime pay.
6. Benefits
The Accountant is eligible for the following benefits: health insurance in compliance with the Hawaii Prepaid Health Care Act, dental and vision coverage (if applicable), Temporary Disability Insurance (TDI) as required under state law, worker’s compensation insurance, unemployment insurance, paid time off (PTO) including vacation, Hawaii-observed public holidays, and sick leave.
Option A: The Employer offers a 401(k) plan with a matching contribution of [Percentage] up to [Percentage] of the Accountant's salary.
Option B: The Employer will reimburse the Accountant for the CPA exam fee and annual CPA renewal fee.
7. Reporting and Communication
The Accountant will report directly to [Reporting Manager Title].
Option A: The Accountant is expected to provide regular accounting reports, attend internal financial meetings, and communicate financial findings to management.
Option B: The Accountant will be required to prepare [Report Name] on a [Frequency] basis.
8. Integrity and Accuracy
The Accountant must maintain the highest standards of integrity and accuracy in all recordkeeping and financial reporting, adhering to the Hawaii State Board of Accountancy’s ethical requirements and the American Institute of CPAs (AICPA) Code of Professional Conduct.
Option A: The Accountant must immediately report any discovered errors or compliance concerns to their supervisor.
Option B: The Accountant is required to participate in routine internal audits.
9. Intellectual Property and Confidentiality
All financial reports, client financial data, analyses, and accounting documentation produced during employment remain the exclusive property of the Employer.
Option A: The Accountant shall safeguard Non-Public Personal Information (NPPI) and handle confidential client materials in compliance with AICPA standards and Hawaii's data privacy laws (HRS §487N).
Option B: The Accountant agrees not to disclose any confidential information learned during the course of employment, even after termination.
10. Prohibited Activities
The Accountant is prohibited from accepting gifts, engaging in conflicts of interest, performing external accounting work ("moonlighting") without written employer approval, and using company/client information for personal gain, in accordance with Hawaii law.
Option A: The Accountant is prohibited from accepting gifts from clients that exceed [Dollar Amount] in value.
Option B: The Accountant must disclose any potential conflicts of interest to the Employer in writing.
11. Non-Solicitation
During the term of this Agreement and for a period of [Number] months following termination, the Accountant shall not solicit or attempt to solicit any clients of the Employer with whom the Accountant had contact during their employment.
Option A: This provision is narrowly tailored to protect the Employer's confidential client relationships.
Option B: This restriction applies only to clients located within [Number] miles of the Employer's primary business location.
12. Performance Evaluation
The Accountant's performance will be evaluated [Frequency, e.g., annually] by [Evaluating Party, e.g., the CFO].
Option A: Performance evaluations will be based on objective metrics, such as audit completion rates and error rates.
Option B: Disciplinary actions for accounting misconduct will be handled in accordance with the Employer's disciplinary policy and the Hawaii Board of Public Accountancy's enforcement practices.
13. Termination
This Agreement may be terminated by either party with [Number] days written notice.
Option A: The Employer may terminate this Agreement for cause, including fraud, malpractice, willful noncompliance, or loss of CPA status.
Option B: Upon termination, the Accountant must return all company property and preserve confidential information. The Employer will provide a final wage payment in compliance with Hawaii law (HRS 388-3).
14. Dispute Resolution
Any disputes arising out of or relating to this Agreement shall be resolved through good faith negotiation and mediation in Honolulu, Hawaii.
Option A: If mediation fails, the dispute shall be submitted to binding arbitration under Hawaii law.
Option B: The exclusive jurisdiction for any legal action related to this Agreement shall be in the state courts located in Honolulu, Hawaii.
15. Equal Opportunity Employment
The Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, genetic information, gender identity, sexual orientation, or any other characteristic protected by Hawaii law (HRS Ch. 378).
Option A: The Employer is committed to creating a diverse and inclusive workplace.
Option B: The Employer complies with all applicable OSHA and Hawaii Occupational Safety and Health Division (HIOSH) regulations.
16. Amendments
Any modifications or waivers to this Agreement must be in writing and signed by both parties.
Option A: This Agreement constitutes the entire agreement between the parties.
Option B: This Agreement is governed by the laws of the State of Hawaii.
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]
____________________________
[Accountant Name]