Maryland graphic designer employment contract template

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How Maryland graphic designer employment contract Differ from Other States

  1. Maryland enforces specific regulations on non-compete clauses, often limiting their scope for lower-wage employees compared to other states.

  2. Maryland law requires prompt payment of wages upon termination, which can impact final paycheck timing for graphic designers.

  3. Maryland mandates compliance with unique anti-discrimination and equal pay statutes, which may supplement federal laws in designer employment contracts.

Frequently Asked Questions (FAQ)

  • Q: Does Maryland restrict non-compete clauses for graphic designers?

    A: Yes, Maryland limits non-compete agreements, especially for employees earning equal to or less than $15 per hour or $31,200 annually.

  • Q: Are written employment contracts required in Maryland?

    A: Written contracts are not required but are highly recommended for clarity and legal protection of both employer and designer.

  • Q: What termination notice is required in Maryland?

    A: Maryland generally follows at-will employment, so contracts can end anytime unless notice periods are specified in the agreement.

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Maryland Graphic Designer Employment Contract

This Maryland Graphic Designer Employment Contract ("Agreement") is made and entered into as of [Date, e.g., January 1, 2024] (the "Effective Date"), by and between:

  • [Employer Legal Name], a [State, e.g., Maryland] [Entity Type, e.g., Corporation], with a principal place of business at [Employer Mailing Address] ("Employer"), and
  • [Employee Legal Name], residing at [Employee Mailing Address] ("Employee").

Contact Information:

  • Employer: [Employer Phone Number], [Employer Email Address]
  • Employee: [Employee Phone Number], [Employee Email Address]

1. Position

The Employer hereby employs Employee as a Graphic Designer.

  • Option A: Primary responsibilities include, but are not limited to: designing graphics for print and digital media, layout design, branding, social media assets, product packaging, advertising materials, website visual elements, and infographics. Employee will produce original creative work, adhere to Employer’s style guidelines, and collaborate with marketing, product, and web development teams.
  • Option B: Responsibilities will be detailed in a separate job description provided to the Employee.
  • Option C: Employee will perform duties as assigned by [Supervisor Name].

2. Skills and Equipment

Employee is expected to be proficient in the following software and equipment.

  • Option A: Adobe Creative Suite (InDesign, Photoshop, Illustrator), Figma, Sketch.
  • Option B: Experience with digital asset management platforms such as [Platform Name].
  • Option C: The employer will provide [list of equipment, such as high-resolution monitors, color calibration tools].
  • Option D: Maryland-based equipment or software compliance: [specify compliance standards].

3. Work Location

The primary work location will be:

  • Option A: On-site at the Employer’s Maryland office located at [Office Address].
  • Option B: Employer-approved remote work sites within Maryland, subject to Employer’s remote work policy.
  • Option C: A hybrid arrangement, with [Number] days per week on-site at [Office Address].
  • Option D: Digital security and client confidentiality measures as required by Maryland privacy laws: [Specify Measures].

4. Employment Type and Hours

This is a full-time employment position.

  • Option A: The standard work week is [Number] hours per week, Monday through Friday, [Start Time] to [End Time], subject to Maryland’s overtime laws and mandatory rest/meal break schedules.
  • Option B: Flexible scheduling is permitted, subject to prior approval from [Supervisor Name].
  • Option C: Employee may be required to work occasional evenings or weekends to meet deadlines.

5. Compensation

Employer shall compensate Employee as follows:

  • Option A: Annual salary of [Dollar Amount], payable [Pay Frequency, e.g., bi-weekly] in accordance with Maryland law.
  • Option B: Hourly rate of [Dollar Amount].
  • Option C: Overtime pay at 1.5 times the regular rate for hours worked over 40 in a workweek, as required by Maryland law.
  • Option D: Eligibility for performance bonuses based on [Bonus Criteria].
  • Option E: Expense reimbursement for pre-approved business expenses, subject to Employer’s expense reimbursement policy.
  • Option F: Studio supply stipend of [Dollar Amount] per [Frequency].

6. Benefits

Employee shall be eligible for the following benefits, subject to the terms and conditions of the applicable plans:

  • Option A: Health, vision, and dental insurance, including coverage as mandated by Maryland law.
  • Option B: Paid parental leave and sick leave, in accordance with the Maryland Healthy Working Families Act.
  • Option C: Participation in the Employer’s 401(k) plan.
  • Option D: Paid holidays, as designated on the Employer’s holiday calendar.
  • Option E: [Number] days of paid vacation per year.
  • Option F: Reimbursement for art or design training and conferences, subject to prior approval.

7. Intellectual Property

All deliverables, including artwork, layouts, design concepts, source files, drafts, revisions, and branding materials, created by Employee in the course of employment, are the exclusive property of the Employer, in accordance with Maryland copyright law.

  • Option A: Any exceptions or licenses for pre-existing designer-owned works must be documented in writing.
  • Option B: All use of third-party or open-source art/photos/fonts must be pre-approved by the Employer, with licenses properly documented.

8. Confidentiality

Employee agrees to hold confidential all client information, unreleased designs, marketing strategies, company branding guidelines, and proprietary creative concepts, consistent with Maryland trade secrets law.

  • Option A: This obligation of confidentiality survives the termination of employment.
  • Option B: Employee’s use of designs in personal portfolios is subject to prior written consent from the Employer.

9. Conflict of Interest

Employee shall disclose any potential conflicts of interest, including any outside employment or creative projects, to the Employer in advance.

  • Option A: Moonlighting is permitted with Employer’s prior written consent, which will not be unreasonably withheld.

10. Standards of Conduct

Employee shall adhere to the Employer’s standards of conduct, including participation in peer reviews, following proofing protocols, adhering to file-naming conventions, and complying with client communication practices.

  • Option A: Employee shall comply with Maryland’s anti-harassment, anti-discrimination, and anti-retaliation statutes.
  • Option B: Nondiscrimination language includes, but is not limited to race, gender, sexual orientation, disability, religion, age, and national origin.

11. Non-Compete/Non-Solicitation/Non-Disparagement

Employee agrees to the following restrictions, subject to the limitations of Maryland’s Non-Compete and Conflict of Interest Clauses Act:

  • Option A: Non-compete: During the term of employment and for a period of [Number] months following termination, Employee shall not engage in any business that competes with the Employer within a [Number] mile radius of [Employer's Principal Place of Business]. This clause is only valid if Employee's earnings meet the threshold defined in Maryland law.
  • Option B: Non-solicitation: During the term of employment and for a period of [Number] months following termination, Employee shall not solicit the Employer’s clients or employees.
  • Option C: Non-disparagement: Employee shall not disparage the Employer, its products, or its employees at any time.

12. Termination

Employment is at-will, and either party may terminate this Agreement at any time, with or without cause, subject to the following:

  • Option A: The Employer shall provide [Number] days written notice of termination.
  • Option B: The Employee shall provide [Number] days written notice of resignation.
  • Option C: Upon termination, Employee shall return all company property, including physical and digital creative assets.
  • Option D: Final wage payment will be made in accordance with Maryland wage payment law.
  • Option E: Employee’s eligibility for COBRA or Maryland mini-COBRA benefits will be determined in accordance with applicable law.

13. Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the State of Maryland.

  • Option A: Any dispute arising under this Agreement shall be resolved through mediation in [City, Maryland] before resorting to litigation.

14. Compliance

Employee shall comply with all applicable Maryland laws and regulations, including workers’ compensation, MOSH standards, and reasonable accommodations for disabilities.

15. Whistleblower Protection

Employee is entitled to Maryland whistleblower protections and shall report any ethical or legal concerns related to design representations, copyright sourcing, and accurate client disclosures.

16. 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.

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

____________________________

[Employer Legal Name]

By: [Employer Representative Name]

Title: [Employer Representative Title]

____________________________

[Employee Legal Name]

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