Illinois retail sales associate employment contract template
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How Illinois retail sales associate employment contract Differ from Other States
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Illinois has mandatory minimum wage rates and overtime rules that differ from some other states, requiring strict compliance in contracts.
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Illinois restricts certain non-compete and restrictive covenant clauses for low-wage employees, unlike several other states.
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Illinois mandates specific anti-discrimination provisions in employment contracts reflecting its Human Rights Act regulations.
Frequently Asked Questions (FAQ)
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Q: Is a written employment contract required for retail sales associates in Illinois?
A: No, a written contract is not legally required, but it is recommended to clarify the terms and protect both parties.
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Q: Can an Illinois retail sales associate contract include a non-compete clause?
A: For low-wage employees, Illinois law generally restricts non-compete clauses and may render them unenforceable.
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Q: What wage and hour laws should Illinois retail contracts address?
A: Contracts must comply with Illinois minimum wage, overtime pay, and required meal and rest break provisions.
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Illinois Retail Sales Associate Employment Contract
This Full-Time Retail Sales Associate Employment Agreement ("Agreement") is made and entered into as of [Date] by and between:
[Company Legal Name], a [State of Incorporation] corporation with its principal place of business at [Company Address, City, State, Zip Code] ("Employer"),
and
[Employee Legal Name], residing at [Employee Address, City, State, Zip Code] ("Employee").
1. Position:
Retail Sales Associate.
Option A: The Employee will perform the following duties:
- Direct customer assistance and service.
- Providing product knowledge to customers.
- Greeting and engaging with customers upon entry.
- Operating point-of-sale (POS) systems.
- Handling cash and credit card transactions.
- Processing returns and exchanges in accordance with Illinois consumer protection laws.
- Maintaining store cleanliness and organizing merchandise displays.
- Loss prevention responsibilities (reporting suspicious activity).
- Participating in inventory management and restocking activities.
- Interpreting and executing store promotions.
Option B: The Employee will perform all duties as assigned by management.
2. Skills and Qualifications:
The Employee is expected to possess and utilize the following skills:
- Clear and effective communication skills.
- Teamwork and collaboration skills.
- Upselling and cross-selling techniques.
- Adherence to store dress code and personal hygiene standards.
3. Workplace Location:
Primary workplace location: [Store Address, City, State, Zip Code].
Option A: Intra-store assignments are at the discretion of management.
Option B: Temporary assignments at other store locations within Illinois may be required with reasonable notice. (Note any Chicago or local ordinances.)
4. Employment Classification and Hours:
Full-time.
Standard work week: [Number, e.g., 35-40] hours per week.
Option A: Employee's schedule may vary and will be subject to business needs.
Option B: Employer will provide a schedule [Number] days in advance.
Option C: Employer will comply with Illinois' One Day Rest in Seven Act, providing 24 consecutive hours of rest in every calendar week.
Meal/Break Entitlements: Employee is entitled to a 20-minute unpaid meal break for shifts over 7.5 hours as per Illinois law.
Mandatory paid rest breaks are provided for minor employees as per Illinois Child Labor Laws.
5. Compensation:
[Hourly Wage/Annual Salary]: [Amount].
The Employer will comply with Illinois minimum wage laws, including any applicable local minimum wage ordinances (e.g., Chicago, Cook County).
Overtime: Employee is eligible for overtime pay at a rate of 1.5 times their regular hourly rate for hours worked over 40 in a workweek, as per the FLSA and Illinois Minimum Wage Law.
Payroll Frequency: [e.g., Semi-monthly].
Payment Method: [e.g., Direct Deposit, Check].
Deductions: Lawful payroll deductions will be made in accordance with Illinois law. Any deductions for uniform shortages or cash register shortages will comply with Illinois law.
6. Bonuses and Incentives:
[Choose One]
Option A: Employee is eligible for performance-based bonuses as determined by management.
Option B: Employee is eligible for commission on sales according to the following formula: [Commission Formula]. The Employee will receive a written commission agreement as required by the Illinois Wage Payment and Collection Act.
Option C: Not applicable.
7. Employee Benefits:
Health Insurance: [Details of Coverage, e.g., Medical, Dental, Vision] (Note Illinois continuation and dependent coverage rules).
Paid Time Off:
- Vacation: [Number] days per year.
- Sick Leave: [Number] days per year (compliance with Cook County and Chicago paid sick leave ordinances where applicable).
Holidays: [List of Paid Holidays].
Other Leave:
- Jury Duty Leave: As per Illinois law.
- Voting Leave: As per Illinois law.
- Bereavement Leave: [Number] days.
Optional Benefits:
- Employee Discount: [Discount Percentage].
- Tuition Reimbursement: [Details of Program].
8. Timekeeping:
Employee must accurately record all hours worked using the designated timekeeping system.
Illinois recordkeeping requirements will be followed.
Working off-the-clock is strictly prohibited.
9. Workplace Safety:
The Employer will maintain a safe workplace in accordance with the Illinois Occupational Safety and Health Act (OSHA).
Mandatory annual sexual harassment prevention training will be provided, as required in Illinois.
Workplace violence prevention policies are in place.
Standards for safe cash handling are established.
10. COVID-19 and Health Policies:
Employee will comply with store policies regarding COVID-19 or other health emergencies, including masking, sanitation, and customer interaction protocols as guided by state and local orders.
11. Confidentiality:
Employee agrees to maintain the confidentiality of customer and transaction data, pricing, promotions before public release, store security procedures, and personal information.
Employee acknowledges compliance with Illinois Biometric Information Privacy Act (BIPA) if biometric time clocks or security systems are used.
12. Workplace Conduct:
Employee must adhere to the Employer’s policies regarding punctuality, reliability, theft prevention, store appearance standards, customer complaint resolution, and unauthorized discounts or refunds.
13. Harassment and Discrimination:
The Employer prohibits workplace harassment and discrimination based on race, color, religion, sex, national origin, ancestry, age, marital status, physical or mental disability, sexual orientation, gender identity, military status, unfavorable discharge from military service, or any other characteristic protected by the Illinois Human Rights Act.
Procedures for reporting, investigating, and preventing retaliation are in place.
14. Child Labor Laws (if applicable):
If the employee is a minor, the Employer will comply with all applicable provisions of the Illinois Child Labor Law, including restrictions on work hours and prohibited tasks.
15. Non-Solicitation and Non-Disclosure:
Employee agrees not to solicit store customers or fellow employees for competing businesses during and after employment.
However, non-compete agreements are presumptively unenforceable for non-managerial retail employees under the Illinois Freedom to Work Act. Non-competes are only permitted under Illinois law for managers and highly compensated employees.
Employer will not require the Employee to sign a non-compete agreement unless the Employee meets the statutory annual salary threshold.
16. Employment At-Will:
Employee's employment is at-will, meaning that either the Employer or the Employee may terminate the employment relationship at any time, for any reason not prohibited by law.
Option A: Employee must provide [Number] weeks written notice of resignation.
Option B: The employer may terminate employment with or without cause.
Option C: Immediate termination is possible for gross misconduct.
Upon termination, Employee will receive a final paycheck including accrued but unused vacation time in accordance with Illinois law. All store-issued items (e.g., uniforms, access cards, POS keys) must be returned.
17. Workplace Complaints and Dispute Resolution:
The Employer has procedures for addressing workplace complaints.
Internal dispute resolution processes are available.
Mediation or arbitration may be available options.
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois. Venue for any legal action shall be in [County Name] County, Illinois.
18. Workers' Compensation:
The Employer will provide workers' compensation insurance as required by the Illinois Workers’ Compensation Act.
Employee must report all workplace injuries immediately.
The Employer has return-to-work protocols.
19. Training and Meetings:
Employee is required to participate in mandatory training (including sexual harassment and anti-discrimination training), safety drills, and company meetings as scheduled.
20. Use of Mobile Devices:
Employee will adhere to the Employer’s policies regarding the use of mobile devices in the store, including restrictions on personal phone use during work shifts.
Employee will comply with social media conduct policies.
Employee will follow policies for communicating with customers via company channels.
21. Wage Theft Notice:
Employee acknowledges receipt and understanding of the Illinois wage theft notice and any posters or disclosures required under Illinois labor law.
22. Tip Pooling/Sharing:
[Choose One]
Option A: Not applicable. This position is not eligible for tips.
Option B: Employee participates in a tip pool/sharing arrangement as follows: [Details of Tip Pool/Sharing Policy].
23. Accommodation of Disabilities:
The Employer will provide reasonable accommodations to qualified individuals with disabilities in accordance with the Illinois Human Rights Act and the Americans with Disabilities Act.
Employee should request accommodations through the interactive process outlined in the Employer's policy.
24. Paid Leave for All Workers Act:
The Employer will comply with the Illinois Paid Leave for All Workers Act effective [Effective Date].
25. Amendments:
This Agreement may be amended only by a written instrument signed by both parties. Employee will receive proper notification of any changes.
Employee Acknowledgment:
I acknowledge that I have read, understand, and agree to the terms and conditions of this Employment Agreement.
____________________________
[Employee Signature]
____________________________
[Employee Printed Name]
Date: [Date]
____________________________
[Employer Representative Signature]
____________________________
[Employer Representative Printed Name and Title]
Date: [Date]