Hawaii IT assistant employment contract template
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How Hawaii IT assistant employment contract Differ from Other States
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Hawaii mandates unique employment protections, such as strict anti-discrimination statutes that exceed federal and many state requirements.
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Wage laws in Hawaii also account for the state’s higher cost of living, which may affect minimum wage clauses differently than in other states.
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Employment contracts in Hawaii often address specific state leave policies, like the Hawaii Family Leave Law, not typically seen elsewhere.
Frequently Asked Questions (FAQ)
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Q: Is it mandatory to include local leave policies in a Hawaii IT assistant contract?
A: Yes, contracts should comply with Hawaii's leave laws, such as the Hawaii Family Leave Law and local sick leave regulations.
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Q: Are non-compete clauses enforceable in Hawaii IT assistant contracts?
A: Non-compete clauses are enforced narrowly in Hawaii and must be reasonable in scope, geography, and duration to be valid.
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Q: Does Hawaii require any specific disclosures for IT assistant employment contracts?
A: Hawaii requires certain wage and hour disclosures and adherence to anti-discrimination policies as part of employment agreements.
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Hawaii IT Assistant Employment Contract
This Hawaii IT Assistant Employment Contract (the “Agreement”) is made and effective as of [Date], by and between [Employer Name], a company organized and existing under the laws of Hawaii, with its principal place of business at [Employer Address] (“Employer”), and [Employee Name], residing at [Employee Address] (“Employee”).
1. Employment
- Option A: Full-time Employment. Employer hereby employs Employee as a full-time IT Assistant.
- Option B: Part-time Employment. Employer hereby employs Employee as a part-time IT Assistant.
2. Job Title and Duties
- Employee's job title is IT Assistant.
- Employee shall perform the following duties:
- Providing end-user technical support.
- Troubleshooting hardware and software issues.
- Installing and configuring systems and applications.
- Managing user accounts and passwords.
- Assisting with network and printer setup.
- Performing routine maintenance of workstations and peripherals.
- Supporting audio-visual equipment.
- Documenting support requests and solutions.
- Performing data backups and recovery tasks.
- Assisting with system updates and security patches.
- Monitoring IT asset inventory.
- Enforcing IT security protocols.
- Providing remote support where necessary.
- Escalating complex technical issues according to internal protocols.
- Employer may modify these duties as needed.
3. Required Skills and Knowledge
- Option A: Helpdesk ticketing systems proficiency required.
- Option B: Knowledge of Microsoft Windows and MacOS environments required.
- Option C: Familiarity with typical workplace software (e.g., MS Office 365, Google Workspace) required.
- Option D: Basic networking (Wi-Fi/Ethernet, VPN) required.
- Option E: Cybersecurity awareness required.
- Option F: Preferred Certifications:
- Option 1: CompTIA A+
- Option 2: CompTIA Network+
- Option 3: [Other Certification]
4. Work Location
- The primary work location shall be [Employer Address].
- Option A: Remote work is not permitted.
- Option B: Remote work is permitted according to Employer's remote work policy. Company devices will be provided and maintained by the employer. VPN access will be provided.
- Option C: Hybrid work arrangement: [Description of hybrid work arrangement]. Company devices will be provided and maintained by the employer. VPN access will be provided.
5. Employment Type and Work Hours
- This is a full-time employment.
- Regular work hours are [Start Time] to [End Time], [Days of the Week].
- Meal and rest breaks will be provided as required by Hawaii law.
- Overtime eligibility:
- Option A: Employee is eligible for overtime pay at a rate of one and a half times the regular hourly rate for hours worked over 40 in a workweek, as per Hawaii Revised Statutes (HRS) 387.
- Option B: Employee is not eligible for overtime pay due to exempt status.
- Timekeeping procedures: Employee will record work hours using [Timekeeping System/Method].
6. Compensation
- Option A: Hourly wage: [Dollar Amount] per hour.
- Option B: Annual salary: [Dollar Amount] per year.
- Overtime rate: One and a half times the regular hourly rate as required by Hawaii law for non-exempt employees.
- Payment schedule: [Bi-weekly/Monthly].
- Allowable payroll deductions: [List of deductions, e.g., taxes, insurance premiums].
- Option A: Bonus eligibility: Employee is eligible for a bonus as determined by Employer's bonus policy.
- Option B: Performance incentives: Employee is eligible for performance incentives as outlined in [Incentive Plan Document].
7. Benefits
- Statutory Benefits:
- Hawaii Temporary Disability Insurance (TDI).
- Compliance with Hawaii Prepaid Health Care Act. Medical plan options will be provided.
- Workers' compensation insurance.
- Other Benefits:
- Option A: Dental insurance.
- Option B: Vision insurance.
- Option C: Paid vacation: [Number] days per year.
- Option D: Sick leave: As required by HRS 398 (Family Leave) and HRS 398A (Paid Sick Leave).
- Option E: State holidays: [List of holidays].
- Option F: 401(k) or similar retirement plan: [Details of plan].
- Option G: Transportation/parking allowance: [Dollar Amount/Details].
- Option H: Tuition/IT certification reimbursement: [Details/Conditions].
- Benefit accruals, usage, and forfeiture policies are outlined in the Employee Handbook.
8. Intellectual Property
- All inventions, code, scripts, documentation, configurations, or systems created by Employee during employment are the property of Employer.
- External consulting or personal projects using company resources or confidential knowledge require advance written authorization from Employer.
9. Confidentiality
- Employee shall maintain strict confidentiality regarding all IT systems, company data, passwords, employee files, and client information.
- Employee acknowledges and agrees to comply with Hawaii's Uniform Trade Secrets Act.
- Confidentiality obligations survive termination of this Agreement.
10. Behavioral Standards
- Adherence to Employer's IT security policy.
- Compliance with password management protocols.
- Restrictions on software installation and use of unauthorized devices.
- Safeguarding of company and client data per federal and Hawaii state data privacy statutes.
- Required reporting of suspected breaches.
- Compliance with company communication, professional conduct, and attire policies.
11. Compliance Policies
- Compliance with Employer's Acceptable Use Policy (AUP).
- Adherence to data classification and retention guidelines.
- Adherence to physical security rules.
- Compliance with workplace violence prevention and safety reporting in accordance with Hawaii Occupational Safety and Health Division (HIOSH) requirements.
12. Workplace Ergonomics and Safety
- Employee agrees to adhere to Hawaii rules governing computer workstations and workplace health.
13. Anti-Discrimination and Equal Employment Opportunity
- Employer is an equal opportunity employer and does not discriminate based on race, sex, age, disability, sexual orientation, gender identity/expression, ancestry, marital status, arrest and court record, credit history, domestic/sexual violence victim status, or any other protected category under Hawaii law (HRS 378).
- Complaint procedures are outlined in the Employee Handbook.
- The Hawaii Civil Rights Commission has jurisdiction over discrimination complaints.
14. Non-Retaliation
- Employer prohibits retaliation against whistleblowers as protected under Hawaii Revised Statutes.
15. Cultural Sensitivity
- Employee is expected to demonstrate sensitivity to local Hawaiian culture.
- Option A: Employer supports Hawaiian language initiatives in the workplace.
16. Non-Compete
- Non-compete provisions are generally unenforceable for IT Assistants in Hawaii under HRS 480-4, except in limited circumstances involving protection of trade secrets.
- Employee agrees not to solicit Employer’s clients or employees for [Number] years after termination of employment.
17. Discipline and Performance Review
- Employer will conduct regular performance reviews.
- Discipline and corrective action will be administered according to Employer's progressive discipline policy.
- Required technical training: [List training requirements].
- Mandatory cybersecurity awareness programs are required.
18. At-Will Employment
- This is an at-will employment relationship, terminable at any time by either party, with or without cause, subject to the notice provisions below.
- Termination by Employee: Employee shall provide [Number] weeks written notice of resignation. Final pay will be provided as required by Hawaii law.
- Termination by Employer: Employer may terminate employment for cause, no-cause, or layoff, subject to any required notice or separation pay as required by Hawaii law.
- Upon termination, Employee shall return all company property and data.
19. Grievance and Dispute Resolution
- Employee and Employer agree to attempt to resolve any disputes through mediation before resorting to arbitration or litigation.
- Choice of law: This Agreement shall be governed by the laws of the State of Hawaii.
- Jurisdiction: Any legal action shall be brought in the courts of the State of Hawaii.
20. Compliance with Laws
- Employer complies with all federal requirements (e.g., I-9 verification, EEO) and with local Hawaii legal and regulatory standards, including but not limited to HIOSH, Hawaii Wages and Hours Law, and data privacy and security for any health or financial information (HIPAA, GLBA as applicable).
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]
Signature: ____________________________
Date: ____________________________