Maine graphic designer employment contract template

Maine Graphic Designer Employment Contract

This Maine Graphic Designer Employment Contract (the "Agreement") is made and entered into as of [Effective Date], by and between:

[Employer Name], a company organized and existing under the laws of Maine, with its principal place of business at [Employer Address] ("Employer"),

and

[Employee Name], residing at [Employee Address] ("Employee").

1. Position:

The Employer hereby employs the Employee as a Graphic Designer.

• Option A: Job Duties: The Employee's primary job duties shall include, but not be limited to: creating digital and print visual content, branding assets, marketing materials, website and social media graphics, infographics, presentations, print production preparation, client consultation, content adaptation to ADA and accessibility guidelines, and adherence to project briefs and client specifications.
• Option B: Other duties as assigned by the Employer. The employee acknowledges that these other duties may change over time.

2. Equipment and Resources:

The Employer will provide the Employee with the necessary design software, hardware, and creative tools to perform the job duties.

• List of provided software/hardware: [List provided software/hardware]
• Processes for Equipment Maintenance and Troubleshooting: [Processes for equipment maintenance and troubleshooting]

3. Reporting and Collaboration:

The Employee will report to [Reporting Manager Title].

• Team Collaboration Requirements: The Employee will cooperate with marketing, web developers, project managers, and clients.
• Feedback Cycles: [Description of feedback cycles]
• File Management and Versioning Procedures: [File management and versioning procedures]

4. Work Location:

The primary work location is:

• Option A: Employer's site located in Maine at [Employer Address]. Employee will abide by all local office rules.
• Option B: Remote work within Maine.
• Option C: Hybrid arrangement: [Description of Hybrid Arrangement]. The employee will be expected to attend on-site meetings as needed.
  • Maine-specific remote work compliance: [Details of remote work compliance]

5. Employment Status and Schedule:

The Employee's employment is full-time.

• Regular Schedule: The Employee's regular schedule is [Number] hours per week.
• Overtime: The Employee is:
  • Option A: Eligible for overtime pay in accordance with Maine and federal law. Overtime pay will be calculated at 1.5 times the regular wage for hours worked over 40 in a workweek.
  • Option B: Not eligible for overtime pay due to exempt status under Maine and federal law.
• Break Requirements: The employee will be provided with breaks in compliance with Maine statute.

6. Compensation:

The Employee will be compensated as follows:

• Option A: Annual Salary: [Salary Amount], payable [Weekly/Bi-weekly].
• Option B: Hourly Rate: [Hourly Rate], payable [Weekly/Bi-weekly].
• Payment Method: [Direct Deposit/Other]
• Bonus Structure: [Description of Bonus Structure]
• Eligibility for Annual Raises or Cost-of-Living Adjustments: [Details of raise/COLA eligibility]

7. Benefits:

The Employee is eligible for the following benefits:

• Health, Dental, and Vision Insurance: [Details of insurance coverage]. This offering complies with Maine's health insurance requirements.
• Retirement Plan: [401(k) or similar]
• Paid Vacation: [Number] days per year.
• Sick Leave: [Number] days per year, in compliance with Maine's Earned Paid Leave Law.
• Paid Holidays: [List of Paid Holidays], recognized in Maine.
• Family/Medical Leave: In accordance with the Maine Family Medical Leave Requirements Act.
• Optional Perks: [Professional development stipends, design conference attendance, company-provided creative subscriptions]

8. Intellectual Property:

All artwork, design files, branding, concepts, and derivative works created by the Employee within the scope of employment are owned by the Employer, in accordance with Maine work-for-hire rules.

• Obligations: The Employee is obligated to deliver layered original files and transfer all source and vector formats to the Employer.
• Exceptions:
  • Option A: Pre-existing works owned by employee: [List of pre-existing works]
  • Option B: Employee portfolio usage: The employee may showcase selected work with prior employer approval.

9. Use of Licensed Materials:

The Employee shall comply with Maine and federal copyright law and ensure all necessary rights for client use are obtained for licensed images, fonts, and third-party materials.

• Procedures: [Procedures for lawful purchasing and documentation of licenses]

10. Confidentiality:

The Employee shall maintain the confidentiality of proprietary company information, client identity and project details, marketing strategies, unpublished designs, and sensitive business processes. This obligation continues post-termination.

11. Non-Solicitation/Non-Compete:

• Non-Solicitation: The Employee shall not directly solicit Employer clients for a period of [Number] months following termination of employment.
• Non-Compete: Any non-compete clause is subject to Maine Title 26, §599-A and §599-B. The parties agree that Employee must earn above statutorily required wage levels for this provision to apply, the employee must be provided notice and receive adequate consideration. The restrictions are reasonable in geography, duration, and scope. [Specific details of any non-compete agreement, including duration, scope, and geographic area, if applicable and enforceable under Maine law]

12. Compliance with Policies:

The Employee shall comply with the Employer's acceptable use, data security, workplace conduct, and anti-harassment policies.

• Maine Human Rights Act: The Employer is an equal opportunity employer and complies with the Maine Human Rights Act, prohibiting discrimination based on age, race, color, sex, sexual orientation, gender identity, gender expression, religion, ancestry, national origin, disability, and familial status.

13. Originality and Non-Infringement:

The Employee warrants that all work created is original, non-infringing, and will not be reused for other clients without consent.

14. Project Management and Communication:

The Employee will provide regular project updates, track time, use project management software, attend design crits and feedback sessions, and maintain digital asset libraries.

15. Performance Evaluation:

The Employee's performance will be evaluated [Frequency] through performance reviews.

16. At-Will Employment and Termination:

The Employee's employment is at-will under Maine law.

• Termination: Either party may terminate the employment relationship at any time, with or without cause, subject to [Number] days' notice by either party.
• Termination for Cause: The Employer may terminate the employment immediately for cause.
• Final Wage Payment: Upon separation, the Employee will receive a final wage payment in accordance with Maine wage payment laws.
• Return of Equipment: The Employee shall return all Employer equipment and terminate access to systems upon termination.

17. Workers' Compensation:

The Employee is covered by Maine Workers' Compensation during employment, including remote work if applicable. The employer shall comply with all regulations of the Maine Bureau of Labor Standards.

18. Dispute Resolution:

Any disputes arising out of or relating to this Agreement shall be resolved first through internal complaint resolution, followed by mediation/arbitration. Jurisdiction and venue shall be in Maine, and Maine law shall govern.

19. Social Media Privacy:

The Employee is eligible for protections under Maine's social media privacy laws. The Employer will not require disclosure of personal account credentials.

20. Workplace Mental Health:

The Employer provides policies and resources addressing workplace mental health, ensuring coverage under Maine's mental health parity laws.

21. Portfolio Use:

The Employee may use completed, publicly released work in their portfolio with prior Employer approval and redaction of confidential information.

22. Expense Reimbursement:

The Employee will be reimbursed for business expenses, including creative supplies, travel to photo shoots or client meetings within Maine, and mileage reimbursement per Maine standards. [Detailed procedures for expense reimbursement.]

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]

[Employee Signature]