Louisiana HR generalist employment contract template
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How Louisiana HR generalist employment contract Differ from Other States
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Louisiana employment contracts are governed by civil law rooted in the Napoleonic Code, unlike most states' common law systems.
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Non-compete clauses in Louisiana are strictly regulated and require specific geographic and temporal limitations to be enforceable.
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Louisiana law mandates payment of final wages within 15 days or the next regular payday after termination, whichever is sooner.
Frequently Asked Questions (FAQ)
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Q: Is it necessary to have a written employment contract in Louisiana?
A: While not legally required, written contracts help clarify terms and protect both employer and employee in case of disputes.
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Q: Are non-solicitation clauses enforceable in Louisiana HR contracts?
A: Yes, but similar to non-compete clauses, such provisions must meet strict legal standards regarding scope and duration.
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Q: Does Louisiana recognize at-will employment?
A: Yes, employment in Louisiana is generally at-will unless otherwise stated in the employment contract.
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Louisiana HR Generalist Employment Agreement
This Louisiana Full-Time Human Resources (HR) Generalist Employment Agreement (the "Agreement") is made and effective as of [Date], by and between [Employer Legal Name], a [State] [Entity Type] with its principal place of business at [Employer Address] ("Employer"), and [Employee Name], residing at [Employee Address] ("Employee").
1. Employment
- Option A: Employer hereby employs Employee as a full-time HR Generalist, and Employee hereby accepts such employment.
- Option B: Employer anticipates employing Employee as a full-time HR Generalist, contingent on successful completion of background check.
2. Location of Employment
- Option A: The Employee's primary work location will be at Employer's facility located at [Employer Address], in [City], Louisiana.
- Option B: The Employee may be required to work at other Employer locations in Louisiana as needed.
- Option C: Employee will have a hybrid work arrangement with [Number] days per week in office, and [Number] days working remotely, as agreed upon and subject to change at Employer's discretion.
3. Position and Responsibilities
- Option A: The Employee's primary role is HR Generalist. The Employee will perform duties as described in Exhibit A (Job Description), which may be amended from time to time.
- Option B: The Employee’s responsibilities include, but are not limited to:
- Recruitment and onboarding/offboarding processes.
- Benefits administration and employee relations.
- Compliance recordkeeping and policy enforcement.
- Payroll support and facilitation of training.
- HRIS management and conducting investigations.
- Responding to unemployment claims and coordinating workers’ compensation.
- Drafting and updating employee handbooks.
- Implementation of Louisiana-specific labor law postings and policy updates.
- Maintaining personnel files compliant with Louisiana retention rules.
4. Reporting Relationship
- Option A: The Employee will report directly to [Manager's Name], whose title is [Manager's Title].
- Option B: The Employee will work as part of the HR department team, collaborating with [Names of Team Members/Positions].
5. Employment Status and Hours
- Option A: This is a full-time position, and the Employee is classified as [Exempt/Non-Exempt] under the Fair Labor Standards Act (FLSA) and Louisiana wage and hour laws.
- Option B: The standard work schedule is [Number] hours per week, generally from [Start Time] to [End Time], Monday through Friday.
- Option C: Overtime work may be required and must be pre-approved by [Manager's Name]. Overtime will be compensated in accordance with applicable Louisiana law.
6. Compensation
- Option A: The Employee's annual salary is [Dollar Amount], payable [Frequency] (e.g., bi-weekly) subject to standard payroll deductions.
- Option B: The Employee's hourly rate is [Dollar Amount], payable [Frequency] (e.g., bi-weekly) subject to standard payroll deductions.
- Option C: Employee is eligible for a discretionary bonus based on performance and company profitability, as determined by Employer.
- The method and location of wage payment will be via [Direct Deposit/Check], in accordance with Louisiana law.
7. Benefits
- Option A: The Employee is eligible for benefits as outlined in the Employer's benefits plan, subject to the terms and conditions of those plans. This includes:
- Health, dental, and vision insurance.
- Short-term and long-term disability insurance.
- Workers’ compensation insurance as required by the Louisiana Workforce Commission.
- Paid time off (PTO) and sick leave.
- Company holidays (including Louisiana state holidays).
- Leave for jury duty and voting in accordance with Louisiana law.
- Option B: Employee is eligible for tuition/professional development reimbursement up to [Dollar Amount] per year, with pre-approval from [Manager's Name].
8. Employee Obligations & Compliance
- Option A: The Employee agrees to comply with all applicable Louisiana and federal labor and anti-discrimination laws, including laws prohibiting discrimination based on race, color, religion, sex, national origin, age, disability, pregnancy, marital status, genetic information, sexual orientation, or gender identity.
- Option B: The Employee will participate in required anti-harassment and diversity training as mandated by Louisiana and EEOC rules.
- Option C: The Employee is responsible for reporting any workplace complaints or concerns to [Designated Contact Person/Department] immediately.
9. Confidentiality
- Option A: The Employee agrees to maintain the confidentiality of all Employer information, including but not limited to personnel data, wage information, and medical records, consistent with Louisiana's Data Breach Notification Law and HIPAA as applicable.
- Option B: The Employee acknowledges that unauthorized disclosure of employee information, including social security numbers and payroll data, is strictly prohibited.
10. Restrictive Covenants
- Option A: During and after employment, the Employee shall not disclose confidential information relating to the Employer's candidate pools or proprietary data.
- Option B:
- Non-Solicitation: For a period of [Number] months following termination of employment, the Employee shall not solicit any employees or customers of the Employer within [List of Parishes] parish.
- Non-Compete: The Employee agrees that for a period of [Number] years immediately following the termination of employment, they will not work for a competitor within [List of Parishes] parish. Employee and Employer acknowledge and agree that the scope of this non-compete agreement is necessary to protect the legitimate business interests of the Employer.
- Option C: Restrictive covenants shall be interpreted strictly in accordance with La. R.S. 23:921.
11. Intellectual Property
All HR documentation, templates, handbooks, and policy materials created by the Employee in the course of employment are the sole property of the Employer.
12. Code of Conduct and IT Security
The Employee agrees to comply with the Employer's code of conduct and IT security policies, especially in HR-specific software systems used for payroll, onboarding, and sensitive communications.
13. Outside Business Activities
- Option A: The Employee must disclose any outside business activities that may create a conflict of interest with the Employer.
- Option B: Employee agrees not to engage in any HR consulting or outside HR work without prior written consent from Employer.
14. Workplace Safety
The Employee agrees to comply with all workplace safety and occupational health policies, including reporting workplace injuries and participating in workers’ compensation processes.
15. Training
The Employer will provide mandatory trainings for the Employee, including legal updates for Louisiana employment law and compliance certifications.
16. At-Will Employment
- Option A: The Employee's employment is at-will, meaning that either the Employee or the Employer may terminate the employment relationship at any time, with or without cause or notice, subject to applicable laws.
- Option B: Note: If the employer is a public or civil service entity, this clause may not apply and should be replaced with relevant termination procedures.
17. Termination
- Option A: In the event of termination, the Employee will receive all earned but unpaid wages and accrued PTO in accordance with Louisiana law.
- Option B: The employee must return all company property and data upon termination of employment.
- Option C: The employee will be provided with information regarding COBRA and continuation of benefits, if applicable.
18. Internal Dispute Resolution
The Employee agrees to make a good faith effort to resolve any employment-related disputes informally with the Employer. If informal resolution is unsuccessful, the Employee may report a grievance to [Designated Contact Person/Department].
- Option A: Any disputes arising out of or relating to this Agreement shall be settled by binding arbitration in [Parish Name], Louisiana, in accordance with the rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
- Option B: Any disputes arising out of or relating to this Agreement shall be settled by non-binding mediation in [Parish Name], Louisiana.
19. Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of the State of Louisiana. The exclusive venue for any legal action arising out of or relating to this Agreement shall be in the state or federal courts located in [Parish Name], Louisiana.
20. Severability
If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
21. 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.
22. Amendment
This Agreement may only be amended or modified in writing, signed by both parties.
23. Waiver
No waiver of any provision of this Agreement shall be effective unless in writing and signed by the waiving party.
24. Notices
All notices required or permitted under this Agreement shall be in writing and shall be deemed to have been duly given when delivered personally or when mailed by certified or registered mail, return receipt requested, postage prepaid, to the addresses set forth above.
25. Mandated Notices and Workplace Postings
Employee is responsible for administering and maintaining Louisiana-specific mandated notices and workplace postings (e.g., Earned Income Credit notice, Unemployment Insurance posting, Louisiana Workers’ Compensation Bill of Rights).
IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above.
____________________________
[Employer Representative Name]
[Employer Representative Title]
[Employer Legal Name]
____________________________
[Employee Name]
Date: [Date]