Hawaii graphic designer employment contract template

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How Hawaii graphic designer employment contract Differ from Other States

  1. Hawaii requires strict adherence to state minimum wage and overtime laws, which may differ from federal and other state standards.

  2. Hawaii mandates health care benefits under the Prepaid Health Care Act for employees working over 20 hours per week.

  3. Non-compete clauses in Hawaii are more strictly regulated, limiting their enforceability compared to many other states.

Frequently Asked Questions (FAQ)

  • Q: Is a written employment contract required for graphic designers in Hawaii?

    A: A written contract is not required by law but is strongly recommended to clearly outline job roles and terms.

  • Q: Are employers in Hawaii required to provide health insurance to graphic designers?

    A: Yes, if the employee works over 20 hours weekly, employers must provide health coverage under state law.

  • Q: Are non-compete agreements enforceable in Hawaii for graphic designers?

    A: Hawaii law generally restricts non-compete agreements, only permitting them in limited and specific circumstances.

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Hawaii Graphic Designer Employment Contract

This Hawaii Graphic Designer Employment Contract (the "Agreement") is made and entered into as of [Date], by and between [Employer Legal Name], a [State] [Entity Type, e.g., Corporation] with its principal place of business at [Employer Address] ("Employer"), and [Employee Legal Name], residing at [Employee Address] ("Employee").

  • Employer Contact Information: [Employer Phone Number], [Employer Email Address]
  • Employee Contact Information: [Employee Phone Number], [Employee Email Address]

1. Position and Responsibilities

  • The Employer hereby employs the Employee as a Full-Time Graphic Designer.
  • The Employee accepts such employment and agrees to perform faithfully and diligently the duties assigned to them.
  • Job Duties:
    • Option A: Create original graphic content for print and digital media, including website graphics, social media assets, and marketing collateral.
    • Option B: Develop branding and marketing materials targeting Hawaii’s unique demographics and industries, such as tourism, local businesses, and non-profits.
    • Option C: Manage image/photo sourcing with sensitivity to local culture and traditions.
    • Option D: Design event and promotional materials specifically for Hawaii-based campaigns.
    • Option E: Coordinate with local vendors and printers for production of marketing materials.
    • Option F: Present design concepts to clients and internal teams, demonstrating an understanding of their goals and objectives.
  • Required Skills:
    • Option A: Proficiency in Adobe Creative Cloud suite (Photoshop, Illustrator, InDesign).
    • Option B: Familiarity with Hawaii-based aesthetics and design trends.
    • Option C: Cultural competency in working with Native Hawaiian intellectual property or motifs.
    • Option D: Strong presentation skills for client meetings and internal reviews, demonstrating cultural sensitivity.
  • Reporting:
    • Option A: The Employee will report to the [Job Title].
    • Option B: The Employee will collaborate with the marketing team and other relevant departments.

2. Work Location and Hours

  • Primary Work Location:
    • Option A: The Employee’s primary work location will be the Employer’s office located at [Office Address] in Hawaii.
    • Option B: The Employee may work remotely, with occasional on-site meetings as required.
  • Work Hours:
    • Option A: The standard work hours are [Start Time] to [End Time], Monday through Friday, totaling [Number] hours per week.
    • Option B: The Employer may require occasional overtime work, subject to Hawaii wage and hour laws.
    • Option C: Meal and rest breaks will be provided in accordance with Hawaii Revised Statutes (HRS Ch. 387 and HRS Ch. 378).

3. Compensation

  • Salary:
    • Option A: The Employee’s annual salary will be [Dollar Amount], payable in accordance with the Employer’s standard payroll schedule.
    • Option B: The Employee’s hourly wage will be [Dollar Amount], payable in accordance with the Employer’s standard payroll schedule.
  • Overtime:
    • Option A: Overtime will be paid at a rate of one and one-half times the Employee’s regular hourly rate for all hours worked over 40 in a workweek, as required by Hawaii law.
    • Option B: Overtime must be pre-approved by the [Job Title].
  • Bonus/Commission:
    • Option A: The Employee may be eligible for a performance-based bonus, subject to the Employer’s bonus plan.
    • Option B: The Employee may be eligible for project-based bonuses, subject to specific project terms.
    • Option C: No Bonus or commission provided.

4. Benefits

  • Health Insurance:
    • Option A: The Employer will provide health insurance coverage in accordance with the Hawaii Prepaid Health Care Act.
    • Option B: The Employer will contribute [Percentage]% towards the Employee’s health insurance premiums.
  • Paid Time Off (PTO):
    • Option A: The Employee will accrue [Number] days of PTO per year, for vacation and sick leave.
    • Option B: Accrual will be per [Frequency e.g., pay period].
  • Holidays:
    • Option A: The Employee will be entitled to paid time off for designated Hawaii state holidays, including Prince Jonah Kuhio Kalanianaole Day and King Kamehameha I Day.
    • Option B: The Employee will be entitled to the following Paid Holidays: [List of Holidays]

5. Intellectual Property

  • Work for Hire:
    • Option A: All works, designs, sketches, branding, images, source files, and related creative output produced by the Employee during the term of employment shall be the sole property of the Employer.
    • Option B: The Employee agrees to assign all rights, title, and interest in such works to the Employer.
  • Native Hawaiian Cultural Considerations:
    • Option A: The Employee shall be mindful of and respect Native Hawaiian intellectual property rights when creating designs.
    • Option B: The Employee will consult with the Employer regarding the appropriate use of Native Hawaiian motifs and cultural symbols.

6. Confidentiality

  • Non-Disclosure:
    • Option A: The Employee agrees to hold all confidential information of the Employer in strict confidence and not to disclose such information to any third party.
    • Option B: Confidential information includes, but is not limited to, client lists, design concepts, marketing plans, and proprietary technology.
  • Client Information:
    • Option A: The Employee understands that client information is confidential and shall not be disclosed without the client’s consent.

7. Compliance and Conduct

  • Anti-Discrimination:
    • Option A: The Employer is an equal opportunity employer and does not discriminate on the basis of race, color, religion, sex (including sexual orientation, gender identity/expression), ancestry/national origin, disability, age, marital status, arrest and court record, credit history, domestic or sexual violence victim status, and reproductive health decisions, as protected by Hawaii law.
    • Option B: The Employee agrees to comply with all applicable anti-discrimination laws and regulations.
  • Code of Conduct:
    • Option A: The Employee agrees to adhere to the Employer’s code of conduct, which promotes a respectful and professional work environment.

8. Non-Compete/Non-Solicitation

  • Hawaii Law:
    • Option A: In accordance with Hawaii law (Act 158/HRS 480-4), non-compete and non-solicitation agreements are generally prohibited.
    • Option B: Any restriction on the Employee’s future employment must be reasonable and specific to the protection of trade secrets or proprietary information.

9. Termination

  • At-Will Employment:
    • Option A: This is an at-will employment relationship, meaning that either party may terminate the employment at any time, with or without cause.
    • Option B: The Employer reserves the right to terminate the Employee for cause, including, but not limited to, misconduct, poor performance, or violation of company policies.
  • Notice:
    • Option A: The Employee is encouraged to provide [Number] weeks’ notice of resignation.
    • Option B: The Employer will provide [Number] weeks’ notice of termination, except in cases of termination for cause.
  • Final Pay:
    • Option A: The Employee’s final pay will be calculated and paid in accordance with Hawaii law (HRS 388-3).
    • Option B: All accrued vacation time will be paid out upon termination.

10. Dispute Resolution

  • Governing Law:
    • Option A: This Agreement shall be governed by and construed in accordance with the laws of the State of Hawaii.
    • Option B: Any disputes arising under this Agreement shall be resolved in the courts of the State of Hawaii.
  • Mediation/Arbitration:
    • Option A: The parties agree to attempt to resolve any disputes through mediation before resorting to litigation.
    • Option B: Any unresolved disputes shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association.

11. Other Considerations

  • Workers' Compensation: The Employer will provide workers' compensation insurance as required by Hawaii law.
  • Temporary Disability Insurance (TDI): The Employer will comply with Hawaii’s mandatory Temporary Disability Insurance requirements.
  • Sustainability: The Employee is expected to be aware of and adhere to company policies on sustainability and environmental compliance.

12. 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.
  • This Agreement may be amended only by a writing signed by both parties.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.

[Employer Legal Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

[Employee Legal Name]

Signature: ____________________________

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