Hawaii retail sales associate employment contract template

Hawaii Retail Sales Associate Employment Contract

This Retail Sales Associate Employment Contract ("Agreement") is made and entered into as of [Date] by and between:

[Employer Legal Name], a [State of Incorporation] corporation with its principal place of business at [Employer Address], hereinafter referred to as "Employer",

and

[Employee Legal Name], residing at [Employee Address], hereinafter referred to as "Employee".

1. Position and Responsibilities

• The Employer hires the Employee as a Retail Sales Associate.
• The Employee will perform the following duties:
  • Providing exceptional customer service, embodying the "Aloha Spirit".
  • Processing sales transactions accurately and efficiently.
  • Restocking merchandise and maintaining visually appealing product displays.
  • Managing inventory levels.
  • Opening and closing the store as assigned.
  • Maintaining a clean and safe store environment.
  • Handling customer returns and exchanges in accordance with Hawaii consumer protection laws.
• Reporting: The Employee will report to:
  • Option A: The Store Manager.
  • Option B: The Shift Supervisor.
  • Option C: Both the Store Manager and Shift Supervisor.
• Work Location(s):
  • Option A: [Store Address]
  • Option B: Multiple store locations within [Island Name] Island, as assigned by the Employer. Employee understands and agrees to travel between locations as needed.

2. Employment Status and Schedule

• The Employee's employment status is:
  • Option A: Full-time. Minimum of [Number] hours per week.
  • Option B: Part-time. Average of [Number] hours per week.
• Scheduling:
  • Option A: The Employee's schedule will be determined by the Employer and may include evenings, weekends, and state holidays (e.g., Kamehameha Day, Prince Kuhio Day).
  • Option B: The Employer will provide the Employee with a work schedule at least [Number] days in advance. The schedule will be posted in [Location].
  • Shift start/end times are subject to change based on business needs.
  • All scheduling and overtime will comply with Hawaii's predictive scheduling and overtime laws.

3. Safety and Security

• The Employee is responsible for maintaining a safe work environment and adhering to all Hawaii Occupational Safety and Health (HIOSH) rules and regulations.
• The Employee will:
  • Use safe lifting techniques when handling merchandise.
  • Participate in emergency and natural disaster preparedness drills (e.g., tsunami/hurricane evacuation plans).
  • Report any workplace injuries or unsafe conditions to the Employer immediately.

4. Compensation and Benefits

• Wage:
  • The Employee's hourly wage is [Dollar Amount]. This meets or exceeds Hawaii's minimum wage.
  • Overtime pay will be provided at a rate of 1.5 times the regular hourly wage for all hours worked over 40 in a workweek, in accordance with Hawaii Revised Statutes Chapter 387.
• Payment Method and Frequency:
  • Option A: Biweekly via direct deposit.
  • Option B: Monthly via check.
• Tips/Commissions:
  • Option A: The Employee is eligible to receive tips from customers. The Employee is responsible for reporting all tips to the Employer and the relevant tax authorities.
  • Option B: The Employee is eligible for commissions based on [Commission Structure].
• Bonus/Incentive Pay:
  • Option A: The Employee is eligible to participate in the company's sales contest, [Contest Name], with details provided separately.
• Benefits:
  • Health Insurance: The Employee is eligible for health insurance coverage under the Hawaii Prepaid Health Care Act after [Number] days of employment. Details of the plan, including premium sharing arrangements, will be provided separately.
  • Paid Sick Leave: Accrued as per Hawaii statutory minimums.
  • Paid Vacation: Accrued as per Hawaii statutory minimums.
  • Paid Time Off: The Employee is entitled to paid time off for state holidays recognized by the Employer.
  • Jury Duty Leave: As required by law.
  • Family Leave: In accordance with the Hawaii Family Leave Law (HFLL).
  • Bereavement Leave: [Number] days of bereavement leave.
  • Meal Breaks: A minimum of 30 minutes for shifts exceeding 5 consecutive hours, as required by Hawaii law.
  • Paid Rest Breaks: As per local industry practice.
  • Employee Discount: [Discount Percentage]% discount on eligible merchandise.
  • Retirement Savings:
    • Option A: The Employer offers a 401(k) plan. Eligibility and details will be provided separately.
  • Transportation/Parking Allowance:
    • Option A: A transportation allowance of [Dollar Amount] per month is provided.

5. Time Off and Shift Swapping

• Requests for time off must be submitted to [Manager's Name/Department] at least [Number] days in advance.
• Shift swapping is permitted with the approval of [Manager's Name/Department], provided that it does not violate any labor laws or company policies.

6. Uniforms and Appearance

• The Employee is required to wear the company-provided uniform.
• Name badges must be worn at all times while on duty.
• The Employee's appearance must be professional and reflect the local cultural expectations.

7. Training and Onboarding

• The Employee will complete the following training programs:
  • Sexual harassment prevention training (state-mandated).
  • On-the-job mentoring.
  • Customer service techniques specific to Hawaii's tourism-driven market.
  • Safety and equipment operation protocols.

8. Confidentiality

• The Employee agrees to maintain the confidentiality of all sensitive company information, including customer data, pricing information, and proprietary practices.
• The Employee will comply with all company privacy and data protection policies, and all local and federal data privacy rules.
• Unauthorized use, disclosure, or retention of company property, customer lists, or pricing information is strictly prohibited.

9. Intellectual Property

Any intellectual property or inventions made by the Employee during the course of employment that relate to the Employer's business shall be the sole property of the Employer.

10. Anti-Discrimination and Harassment

• The Employer is an equal opportunity employer and prohibits discrimination based on race, color, religion, sex, sexual orientation, age, disability, marital status, ancestry, or arrest and court record, in accordance with the Hawaii Civil Rights Commission.
• The Employer prohibits any form of harassment, including sexual harassment.
• The Employer provides reasonable accommodations for employees with disabilities and pregnant workers in accordance with Hawaii law.

11. Conduct and Performance

• The Employee is expected to adhere to the company's conduct policies, including punctuality, reliability, teamwork, and respectful treatment of colleagues and customers.
• Performance reviews will be conducted [Frequency].
• Disciplinary actions will be taken in accordance with Hawaii labor statutes.

12. Drug-Free Workplace

• The Employer maintains a drug-free workplace.
• The Employee will comply with Hawaii regulations on medical marijuana, considering policies related to patient status confidentiality and safety-sensitive duties.

13. Use of Company Resources

Use of phones, internet, company equipment, and social media must be consistent with company policy and not negatively impact the brand reputation in local communities.

14. Non-Compete/Non-Solicitation

• Non-compete clauses are generally disfavored under Hawaii law for retail sales positions.
• Option A: The Employee agrees not to solicit the Employer's customers or employees for a period of [Number] months following termination of employment.

15. At-Will Employment

The Employee's employment is at-will, meaning that either party may terminate the employment relationship at any time, with or without cause, subject to the notice requirements below.

• Termination:
  • Option A: The Employee is required to provide [Number] weeks' notice of resignation.
  • Option B: The Employer may terminate the Employee's employment for just cause, redundancy, or misconduct.
  • Final wage payments will be made within the timeframes required by Hawaii law for separation pay.

16. Layoff Procedures

In the event of a layoff, the Employer will comply with all applicable Hawaii laws, including eligibility for unemployment insurance and required notices under the Hawaii Dislocated Workers Act (if applicable).

17. Worker's Compensation

• The Employee is covered by the Employer's worker's compensation insurance policy, as required under Hawaii law.
• The Employee must report any workplace injuries or illnesses to the Employer immediately.

18. Union Protections

This section applies only if the workplace is unionized or subject to union organizing. The Employer will comply with all applicable laws regarding union protections and collective bargaining rights.

19. Dispute Resolution

Any disputes arising out of or relating to this Agreement shall be resolved as follows:

• First, the parties will attempt to resolve the dispute through internal grievance procedures.
• If the dispute cannot be resolved internally, the parties agree to participate in mediation/arbitration in Honolulu, Hawaii.
• Hawaii law will govern the interpretation and enforcement of this Agreement.

20. Health and Safety Compliance

The Employee will comply with all federal, state, and local health and safety regulations, including pandemic protocols, vaccination requirements (if applicable), and PPE requirements (if applicable).

21. Employee Rights

• Employee rights posters are displayed in [Location].
• The Employee has access to the company policies handbook.

22. Suggestions and Concerns

• The Employee may make suggestions or report concerns to [Designated Person/Department].
• The Employee is protected from retaliation under Hawaii statutes for reporting concerns or violations of law.

23. Modification

The Employer may modify the terms of this Agreement in accordance with changes in Hawaii statutes or company policy. The Employee will be notified of any changes in writing.

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

____________________________
[Employer Representative Name]
[Employer Title]

____________________________
[Employee Legal Name]