Hawaii employment contract template

Hawaii Employment Contract

This Employment Contract is made and entered into as of [Date] by and between:

• [Employer Legal Name], a [Entity Type, e.g., Corporation], with its principal place of business at [Employer Business Address], represented by [Representative Name], hereinafter referred to as "Employer",
• and
• [Employee Legal Name], residing at [Employee Address], hereinafter referred to as "Employee".

1. Position and Duties

• Job Title: [Job Title]
• A. Job Duties:
  • Option A: Detailed list of job duties and responsibilities:
    • [List of Job Duties and Responsibilities]
  • Option B: General overview of job duties:
    • [General Description of Job Duties]
• Direct Supervisor: [Supervisor's Title]
• Work Location:
  • Option A: Primary Work Location: [Primary Work Location Address]
  • Option B: Secondary Work Location (if applicable): [Secondary Work Location Address]
• Remote/Hybrid Work:
  • Option A: Not Applicable (Employee will work exclusively on-site)
  • Option B: Remote Work Permitted: [Specify Terms of Remote Work, e.g., days, hours, requirements]
  • Option C: Hybrid Work Arrangement: [Specify Schedule and On-Site Requirements]

2. Employment Term

• At-Will Employment:
  • Option A: 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 federal and Hawaii law. This does not alter the Employer's obligation to comply with laws prohibiting discrimination or retaliation.
• Fixed-Term Employment:
  • Option A: The employment term shall commence on [Start Date] and end on [End Date].
  • Option B: Renewal Conditions: [Specify Conditions for Renewal, e.g., performance review, mutual agreement]
• Probationary/Evaluation Period:
  • Option A: The first [Number] days/months of employment shall constitute a probationary/evaluation period.
  • Option B: During this period, the Employer may terminate the employment with [Number] days' notice.
  • Option C: No probationary period.

3. Compensation

• Wage:
  • Option A: Annual Salary: [Annual Salary Amount]
  • Option B: Monthly Salary: [Monthly Salary Amount]
  • Option C: Hourly Wage: [Hourly Wage Amount]
• Overtime:
  • Option A: Employee is exempt from overtime pay pursuant to the Fair Labor Standards Act (FLSA) and Hawaii state law.
  • Option B: Employee is non-exempt and eligible for overtime pay at a rate of one and one-half (1.5) times the regular hourly rate for all hours worked in excess of 40 hours in a workweek, or 8 hours in a day, as defined by Hawaii labor laws.
• Pay Cycle:
  • Option A: Weekly
  • Option B: Biweekly
  • Option C: Semimonthly
  • Option D: Monthly
• Payment Method:
  • Option A: Direct Deposit
  • Option B: Check
• Commissions/Bonuses/Incentive Pay:
  • Option A: Not Applicable
  • Option B: Applicable: [Specify Commission/Bonus/Incentive Pay Structure, Payment Schedule, and Eligibility Criteria]

4. Employee Benefits

• Medical, Dental, and Vision Insurance:
  • Option A: Employer will provide medical, dental, and vision insurance in accordance with Hawaii's Prepaid Health Care Act. Specific details of coverage are outlined in the employee benefits summary.
  • Option B: Employer offers medical, dental and vision insurance, subject to eligibility requirements. Employee contribution details are outlined in the employee benefits summary.
  • Option C: No medical, dental, or vision insurance is provided.
• Life and Disability Insurance:
  • Option A: Employer provides basic life and disability insurance coverage.
  • Option B: Employee is eligible to participate in the employer's life and disability insurance plans, subject to eligibility requirements.
  • Option C: No life or disability insurance is provided.
• Retirement Plans:
  • Option A: 401(k) plan available, subject to eligibility requirements. [Specify Employer Contribution Details]
  • Option B: Pension plan available, subject to eligibility requirements.
  • Option C: No retirement plan is provided.
• Paid Time Off (PTO):
  • Vacation: [Number] days per year, accruing according to company policy.
  • Sick Leave: [Number] days per year, in compliance with Hawaii law.
  • Holidays: [List of Paid Holidays]
• Hawaii-Mandated Benefits:
  • Temporary Disability Insurance (TDI): Employer will comply with Hawaii's TDI requirements.
  • State Family Leave: Employer will comply with Hawaii's State Family Leave law.
• Other Leave:
  • Jury Duty: Employer will comply with Hawaii law regarding jury duty leave.
  • Family/Medical Leave: Employer will comply with the Family and Medical Leave Act (FMLA) and any applicable Hawaii state laws.

5. Working Hours, Schedules, and Conduct

• Working Hours: [Specify Regular Working Hours, e.g., 9:00 AM to 5:00 PM, Monday through Friday]
• Meal and Rest Breaks: Employer will provide meal and rest breaks as required by Hawaii law.
• Overtime Procedures: Overtime work must be pre-approved by [Supervisor/Department].
• Time Reporting: [Specify Time Reporting Requirements, e.g., timesheets, electronic timekeeping system]
• Dress Code: [Specify Dress Code Requirements, e.g., business casual, uniform]
• Code of Conduct: Employee is expected to adhere to the Employer's Code of Conduct, as outlined in the employee handbook.
  • Option A: Standard Code of Conduct.
  • Option B: Detailed Code of Conduct: [Reference to Detailed Code of Conduct Document]

6. Confidentiality

• Employee acknowledges that during the course of employment, they will have access to confidential and proprietary information belonging to the Employer, including but not limited to [List Examples of Confidential Information, e.g., trade secrets, customer lists, financial data].
• Employee agrees to hold such information in strict confidence and not to disclose it to any third party without the Employer's prior written consent, both during and after the term of employment.
• Data Protection: Employee will comply with all applicable data protection laws, including Hawaii privacy laws, regarding the handling of personal data.
• Intellectual Property: All work product created by Employee during the course of employment, including inventions, creative works, and other intellectual property, shall be the sole and exclusive property of the Employer. Employee hereby assigns all rights, title, and interest in such work product to the Employer.
  • Option A: Standard Assignment Clause
  • Option B: Exceptions to Assignment: [Specify Any Exceptions to the Assignment of Intellectual Property Rights]

7. Post-Employment Restrictions

• Non-Compete:
  • Option A: Non-Compete Clause Applicable (subject to Hawaii reasonableness standards): Employee agrees not to engage in any business or employment that is competitive with the Employer's business within [Geographic Area] for a period of [Number] months/years following termination of employment.
  • Option B: Non-Compete Clause Not Applicable.
• Non-Solicitation:
  • Option A: Non-Solicitation Clause Applicable: Employee agrees not to solicit any employees or customers of the Employer for a period of [Number] months/years following termination of employment.
  • Option B: Non-Solicitation Clause Not Applicable.

8. Termination

• Resignation: Employee must provide [Number] days' written notice of resignation.
• Termination by Employer:
  • Option A: Termination with Cause: Employer may terminate employment for cause, as defined by applicable law.
  • Option B: Termination without Cause: Employer may terminate employment without cause, subject to applicable notice requirements or severance obligations.
• Layoff: Employer will comply with all applicable federal and Hawaii layoff notice requirements.
• Final Wage Payment: Employee will receive their final wage payment in accordance with Hawaii law.
• Return of Property: Employee must return all Employer property upon termination of employment.
• Continuation of Benefits: Employee may be eligible to continue benefits under COBRA and Hawaii continuation coverage law.
• Unemployment Insurance: Employee may be eligible for unemployment insurance benefits, subject to meeting the eligibility requirements under Hawaii law.
• Severance:
  • Option A: No severance is offered.
  • Option B: Severance will be provided according to the employer's severance policy. [Refer to Severance Policy]

9. Dispute Resolution

• Internal Complaint Mechanism: Employee is encouraged to first attempt to resolve any employment-related disputes through the Employer's internal complaint mechanism.
• Alternative Dispute Resolution:
  • Option A: Mediation: Any unresolved disputes shall be submitted to mediation.
  • Option B: Arbitration: Any unresolved disputes shall be submitted to binding arbitration.
  • Option C: No Alternative Dispute Resolution.
• Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii.
• Jurisdiction: Any legal action arising out of or relating to this Agreement shall be brought in the state or federal courts located in [County], Hawaii.

10. Non-Discrimination and Anti-Harassment

• The Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex, national origin, age, disability, sexual orientation, gender identity, marital status, arrest and court record, domestic or sexual violence victim status, and HIV status, or any other characteristic protected by federal or Hawaii law.
• The Employer prohibits harassment of any kind and will take prompt and appropriate action to address any complaints of harassment.

11. Workplace Safety

• The Employer is committed to providing a safe and healthy work environment and will comply with all applicable federal OSHA and Hawaii Occupational Safety and Health standards.
• The Employer maintains a workers' compensation insurance policy as required by Hawaii law.
• Workplace Violence, Drug and Alcohol Use, Emergency Procedures: [Reference to Company Policies on these topics]

12. Miscellaneous

• Employee Handbook: Employee acknowledges receipt of the Employee Handbook and agrees to abide by its terms.
  • Option A: Employee Handbook Acknowledgement Required.
  • Option B: No Employee Handbook.
• Amendment: This Agreement may be amended only by a written instrument signed by both parties.
• Waiver: No waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the waiver is sought to be enforced.
• Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• 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.
• Assignment: This Agreement may not be assigned by either party without the prior written consent of the other party.
• Signature:

[Employer Representative Name]

[Employer Representative Title]

Date: [Date]

[Employee Legal Name]

Date: [Date]

Notarization/Witness Requirement: (Optional) [Specify Notarization or Witness Requirements]